Supervision and Investigation of Corruption Among Functionaries in Slovenian Legislation

Abstract

The article examines legal basis for operation of Commission for Prevention of Corruption and investigation methods for supervision and investigation of corruption among functionaries. The authors are trying to prove that the legal basis for operation of Commission for Prevention of Corruption and the investigation methods for supervision and investigation of corruption among functionaries are, by the Law on Integrity and Corruption Prevention, comparable with the regulation in EU. The methodology is qualitative analysis, legal and teleological interpretation of the existing legislation in Republic of Slovenia and comparative analysis with the EU. In the article, the authors identify that the anti-corruption bodies in European countries prevent and investigate corruption in two ways – firstly, by changing the existing legislation, admissioning the regulation that determines the position and functioning of the independent bodies for prevention and suppression of corruption and secondly, by adopting the national anti-corruption strategies and control over its implementation. By comparative analysis, the authors determined that the countries establish different solutions, but they all have something in common – tendency to independence and autonomy of the anti-corruption bodies. Through qualitative analysis and legal interpretation of the existing Slovenian legislation, the authors examined the investigation powers of Commission for Prevention of Corruption with main focus on the powers for prevention and investigation of corruption among functionaries. The article also contributes to the knowledge and understanding of measures for suppression and investigation of corruption in other European countries.