A High-Level Mission from the OECD Working Group on Bribery expressed concerns that Slovenia does not sufficiently protect investigators and prosecutors from improper political influence, after meetings in Ljubljana. Representatives from the Working Group arrived on Tuesday 18 February to discuss shortfalls with Slovenia’s implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, of which Slovenia has been a Party since 2001.
The OECD Working Group on Bribery in International Business Transactions comprises the 46 Parties to the Convention, including Slovenia. The Group oversees the implementation of the Convention by its member states. Established in 1994, the Working Group is responsible for monitoring the implementation and enforcement of the OECD Anti-Bribery Convention, the 2021 Recommendation on Further Combating Bribery of Foreign Bribery in International Business Transactions and related instruments. A peer-review monitoring system is conducted in successive phases. The High-Level Mission was led by the Working Group’s Vice-Chair, Kiki Calis, accompanied by delegates from the Group.
According to the Working Group, safeguards against influence in bribery investigations remain lacking, despite a recent decision that allows for constitutional review of parliamentary inquiries into prosecutors’ actions. Furthermore, Slovenia’s foreign bribery offence and corporate liability legislation do not fully meet the requirements of the Convention. Since joining the Convention, Slovenia has not successfully concluded any foreign bribery cases. Legal persons have never been prosecuted for foreign bribery and only one case to date has been concluded against legal persons for domestic bribery. Finally, time limits for using special investigative measures are too strict and likely contribute to difficulties in bringing successful cases.
The Working Group’s delegation conveyed these concerns during meetings with senior Slovenian officials from the executive and legislative branches. Participants included the Minister of Justice, the Deputy Minister of Interior, the Deputy Minister of Finance, the State Prosecutor General and the Head of the Parliamentary Committee on Internal Affairs and a member of the Parliamentary Justice Committee.
“We appreciate the willingness of Slovenian government officials to meet us and discuss our concerns,” said Kiki Calis, Vice-Chair of the OECD Working Group on Bribery. “Slovenia has taken a significant step to address concerns on the independence of prosecutors, but more action is needed to ensure the independence of bribery investigations. Slovenia now has the opportunity to address longstanding Working Group recommendations and strengthen its framework in the fight against corruption.”
Ms. Andreja Katič, Minister of Justice, noted: “The independence of the State Prosecutors’ Office within the framework of the executive branch of government is guaranteed by the Constitution and the State Prosecutors’ Office Act. The instances that influenced or interfered with the independent position of the State Prosecutors’ Office or state prosecutors during the previous government have already been resolved. Additional explanations were provided during the fruitful discussion on a number of OECD WGB recommendations. Consequently, some of the recommendations will be addressed by amendments to the Criminal Code and the Law on Criminal Responsibility of Legal Persons. A thorough discussion with different stakeholders on proportionality of safeguards, including time limits for special investigative measures, in the Criminal Procedure Code is also envisaged by the end of the year.”
The High-Level Mission delegation will report back to the full Working Group at its next plenary session, 11-14 March 2025.
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Find out more about Slovenia’s implementation of the OECD Anti-Bribery Convention and the OECD’s work on fighting foreign bribery on the OECD website.
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