For almost two years, the Agency for the Prevention of Corruption has failed to establish a binding regime for access to bank data of officials that would be in line with anti-corruption regulations and financial sector practice, because the Ministry of Justice has never adopted bylaws and fully regulated the issue.
That is why, according to the Agency's report on its work for last year, there are more than 7.000 asset files of officials in which consent was not given for access to bank accounts, and only 31 percent of those who allowed this type of control.
According to data from the Agency's website, even those in the highest positions of executive, legislative and judicial power generally do not do so.
"The issue of access to data on the accounts of public officials is currently not normatively defined in a way that enables its full and unhindered application in practice. Although Article 26 of the Law on the Prevention of Corruption provides for the possibility of access to such data, the law simultaneously refers to the need to adopt a by-law that would precisely regulate the manner of such access. Such an act has not been adopted to date, which is why the Agency does not have an operational and legally indisputable mechanism for direct verification of data on accounts, even in situations where there is the consent of a public official," the Agency, which is headed by the acting director, responded to "Vijesti" Dušan Drakić.
The Ministry of Justice says that "challenges in the practical application of this provision have recognized the need for additional clarification and improvement."
"The lack of a more detailed elaboration of this issue in the previous period resulted in certain limitations in the work of the Agency, especially in the area of efficient and consistent verification of data from income and asset reports," the Ministry of Justice admits.
The Law on the Prevention of Corruption was adopted on June 7, 2024, as part of the IBAR package of laws, and entered into force on June 12, so the department Bojan Božović bylaws should be adopted by the end of that year at the latest.
They decided, however, that it was necessary to amend the then-adopted regulation due to a large number of objections from both the domestic and international public. After 15 months, the Government last week adopted the Draft Law on Amendments to the Law on the Prevention of Corruption, which amends two provisions of the current regulation, and it is expected that the remaining amendments will be agreed with European experts and adopted by the end of June.
"The discrepancy between legal solutions and lower legal acts most often leaves room for 'creative' interpretations, which are usually to the detriment of the public's right to know. The inconsistency of higher and lower acts in the legal hierarchy is not at all accidental, but rather designed to distance us from the goal of democratic control of government. The public's right to know who, how, and under what conditions performs tasks on behalf of citizens, but also on their behalf and at their expense, is being sabotaged in various ways. What is worst of all, this practice goes on without serious sanctions, and even when they are imposed, they are more often stimulating to continue as before than deterring from acquired habits," warned the expert on personal data protection and free access to information. Radenko Lacmanović in a statement to "Vijesti".
ASK: We pointed it out, but...
The Agency emphasizes that the lack of bylaws results in limited control of assets and income in the area related to bank accounts.
"Which directly affects the efficiency of the verification system and the overall integrity of the oversight mechanisms. Data for 2025 further confirms this problem: only 31 percent of public officials gave consent to access accounts, with a continuous downward trend in previous years. Such a level of cooperation objectively complicates the work of the Agency and reduces the capacity for comprehensive control," they responded.
They estimate that the reasons for such a trend cannot be reduced to a single factor.
"Part of this is due to legal ambiguity and the incompleteness of the system, but we cannot ignore the fact that some officials are consciously using the existing normative space to avoid an additional level of control. In this sense, this issue goes beyond the legal framework and enters the sphere of professional and ethical responsibility. Performing a public function implies a higher standard of transparency, and the willingness to enable data verification is a basic indicator of personal and institutional integrity," the Agency said.
They also claim that they "have continuously pointed out this problem and proposed concrete solutions, including normative clarification of data access through amendments to laws and accompanying regulations."
"We believe that this issue can only be resolved systematically, through clear, precise and comprehensive legislation that will leave no room for different interpretations."
In this context, we expect that the new legal solution, the adoption of which is planned in the coming period, will finally enable the full functionality of this mechanism and significantly improve the Agency's capacity for efficient and non-selective control," they said.
Comprehensive regulatory changes by the end of June
The Ministry of Justice also claims that they have recognized the same shortcomings.
"And we reacted in a timely manner through the preparation of the Bill on Amendments to the Law on the Prevention of Corruption. The proposed solutions, for the first time, clearly, precisely and comprehensively regulate the Agency's right to access data on the accounts of public officials and members of their households, for the purpose of verifying the accuracy of the reported data. These amendments not only eliminate existing ambiguities, but also significantly strengthen the transparency and efficiency of the system for controlling the assets of public officials, while at the same time improving the protection of personal data through clearly defined procedures," Božović's department points out.
They also recall that just four months after the adoption of the current regulation - in October 2024, they began the process of drafting its amendments, emphasizing that this process was fully inclusive and transparent.
"Three roundtables were organized, a public debate was conducted, and the text was further improved in accordance with the comments of the European Commission expert. In addition, a significant number of suggestions came from the non-governmental sector, which the Ministry largely took into account. The Ministry has opted for a systemic and sustainable approach, which comprehensively regulates this area and overcomes the problems observed in the implementation of the current law," they said.
This approach resulted in the changes that were determined last week at the Government session.
"...Which relate to the expansion of the circle of persons who will be obliged to submit reports on income and assets, specifically members of commissions for public procurement, concessions, privatization contracts and public-private partnerships, which is the result of an agreement with the European Commission. Certainly, comprehensive amendments are a significant part of Chapter 23 and their adoption is expected by the end of June 2026," the Ministry of Justice said.
What doesn't have to be done, doesn't get done.
Lacmanović emphasizes that the fact that not even a third of public officials give the Agency permission to inspect their bank accounts raises suspicions among a large part of the public that something is going on behind the scenes.
"The perception that public officials are corrupt is so widespread that this image can only be changed in two ways: through a stricter penal policy or by changing value principles, according to which public office will be perceived as an opportunity to serve the good, and not an opportunity to make good use of a position that one has attained through one's own or someone else's merit," said Lacmanović.
According to him, the legal obligation to give the Agency the opportunity to inspect bank accounts is still optional, because the forms that are filled out indicate an alternative option.
"And our public officials behave according to established practice - what is not necessary is not done. The Ministry of Justice has not fulfilled its obligation and prescribed a form where consent would be mandatory, and even set as a condition for further performance of public office. The number of public officials, according to the legal solution, is quite large, regardless of whether or not they receive compensation for the work they perform," Lacmanović emphasized.
The interlocutor of "Vijesti" points out that public officials also enjoy the right to privacy protection, but not to the same extent as the citizens who pay them.
"It is a democratic rule that citizens have the right to know more about their representatives, because this may help them when deciding who to trust next," Lacmanović concluded.
Balance between public interest and privacy
Lacmanović believes that it is possible to find a balance between the public's right to know and the protection of the privacy of public officials, only if there is political will for it.
"Officials' objections that giving blank consent to access their bank accounts intrudes too much into their privacy, to the point that their personality profile can be created, are somewhat justified. Access to bank account inflows is completely justified, as it aims to prevent corruption and monitor whether there are inflows other than those based on the law. However, monitoring account outflows, which means where, how often, on what and in what amount the earnings are spent, can indeed lead to personality profiling," Lacmanović points out.
He also says that it is particularly problematic that monitoring account outflows can lead to information about health conditions, and this data falls into a special category and is additionally protected.
"It is evident that there are arguments that say it is necessary to monitor the lifestyle of officials in order to determine how much it is in line with legally established earnings. Previous experience tells us that an imbalance between income and expenses is present for a significant number of officials, in such a way that expenses are usually significantly higher than can be justified. Expenses are usually covered from the so-called gray zone, i.e. from funds that do not come through a bank account, so insight into the outflow of funds is not a guarantee of a real picture of a public official," said Lacmanović.
If there is an evident discrepancy between income and lifestyle, he specifies, there must be mechanisms for verification and they should be available not only to the Agency, but also to other state bodies.
"Whichever model the legislator decides on, it is important that we obtain a solution that will be applicable, and that we do not leave room for creative interpretations that further fuel suspicions of illicit enrichment," Lacmanović concludes.
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