Last modified: 06.03.2013
Special Committee on Organised Crime, Corruption and Money Laundering Secretariat
Brussels, 06.03.2013
Role and experiences of National Parliaments in the fight against organised crime, corruption and money laundering Role and experience of National Parliaments in the fight against organised crime, corruption and money laundering
The CRIM Special Committee will organise an Inter-parliamentary committee meeting with National Parliaments on Tuesday, 7 May 2013. This meeting is intended to discuss the role of National Parliaments in the fight against organised crime, corruption and money laundering.
In order to feed this debate, and to contribute to the Rapporteur's work, the CRIM Secretariat has asked National Parliaments to submit information about their standing committees and/or any special (including temporary or inquiry) committee, currently active or active in last 10 years, dealing with specific cases or of a horizontal nature, dedicated to organised crime, corruption and money laundering.
While it is a challenging task to compare different national oversight regimes, the information gathered aims at highlighting those features that might be of particular interest for the European Parliament. This information concerns the role and experiences of National Parliaments in the fight against organised crime, corruption and money laundering: Organisation (size, composition, rules on membership, resources); Mandate (areas of oversight, ex-ante vs. ex-post oversight, oversight of specific law enforcement activities); Powers (hearings, investigations, subpoena and inspections).
The CRIM Secretariat has received contributions from 30 chambers representing 24 Member States. Their replies are presented in 2 tables: Table 1 gives an overview of standing committees responsible (directly or indirectly) for the fight against organised crime, corruption and money laundering; Table 2 gives an overview of special (including temporary or inquiry) parliamentary committees dealing with organised crime, corruption and money laundering.
The short summary below is based on the contributions received and the tables contain original replies from the National Parliaments.
Table 1 There are standing committees dealing with organised crime, corruption and money laundering in all National Parliaments. In most cases, these are Legal Affairs, Home Affairs Committees or Committees of Interior monitoring law enforcement authorities. Corruption and money laundering issues to some extent are covered by the above mentioned committees and more specifically by Finance Committees. However, it should be noted that these are regular committees (i.e. they mostly debate proposed legislation and international treaties) and normally they have no specific powers regarding the fight against organised crime, corruption and money laundering. The primary principle of distributing the seats in parliamentary committees is the principle of proportional representation of the political parties in the chamber.
2 Table 2 There are committees of horizontal nature dealing with corruption issues in 4 Members States (ET, LV, UK, and FI). Their activities are based on the monitoring of the application of specific legislation relating to corruption (ET and FI) or on the general monitoring of corruption related legislation and national executives (agencies/ministries) involved in the fight against corruption (LV and UK). There is one committee dealing with specific allegations regarding corruption in state-owned companies in Austria (active in 20111/2012).
There is the committee of inquiry dealing with specific issues related to tax evasion and money laundering in the French Senate.
The most specific committee of inquiry dealing with organised crime issues has been created in Italy. This is a bicameral committee with members of both chambers.
The CRIM Secretariat
Einārs PUNKSTIŅŠ
3 SPECIAL COMMITTE ON ORGANISED CRIME, CORRUPTION AND MONEY LAUNDERING
Role and experiences of National Parliaments in the fight against organised crime, corruption and money laundering
Table 1
Overview of parliamentary committees for justice, home affairs and internal security (Covering the fight against organised crime, corruption and/or money laundering) Country Austria Name of the Committee National Council: Ausschuss für innere Angelegenheiten and Ständiger Unterausschuss des Ausschusses für innere Angelegenheiten Federal Council: Ausschuss für innere Angelegenheiten des Bundesrates Members 26, 16 and 10 Activities overseen criminal activities Meeting in public or in camera in camera Output This refers to reports, resolutions, major pieces of legislation etc.
Country Austria - Nationalrat Name of the Committee organised crime, corruption, and/or money laundering are mainly dealt with in the Justice Committee and the Committee on Interior Affairs; money-laundering may also be dealt with in the Finance Committee Members The Justice Committee has 26 members; the Committee on Interior Affairs and the Finance Committee have 36 members each Staff Neither of the mentioned-committees is supported by special expert-staff; officials of the parliamentary administration are responsible for formal and procedural support. All matters regarding co-operation between the EP and the Nationalrat are dealt with by the EU- and International Service of the Parliamentary Administration Membership There are no special rules regarding membership Activities overseen See NB (2) Powers The committees can hold hearings Meeting in public or in camera In general, the committee meets in camera; debates on government reports will usually be public Output There have been a number of acts regarding the fight against corruption and transparency in 2012; details can be provided upon further specification
5 Country Belgium – House of Representatives Name of the Committee Justice Committee Members 17 Staff 3 Membership Members of the House Activities overseen Legislative work regarding issues within the remit of the Federal Justice Department (i.a. corruption and organised crime) and its Budget Powers legislative Meeting in public or in camera in public Output legislation, resolutions, hearings and parliamentary questions and interpellations
Country Belgium – House of Representatives Name of the Committee Finance Committee Members 17 Staff 3 Membership Members of the House Activities overseen Legislative work regarding issues within the remit of the Federal Finance Department (i.a. money laundering) and its Budget Powers legislative Meeting in public or in camera in public Output legislation, resolutions, hearings and parliamentary questions and interpellations.
Country Belgium – House of Representatives Name of the Committee Home Affairs Committee Members 17 Staff 3
6 Membership Members of the House Activities overseen Legislative work regarding issues primarily within the remit of the Federal Home Office (i.a. the law enforcement services) and its Budget Powers legislative Meeting in public or in camera in public Output legislation, resolutions, hearings and parliamentary questions and interpellations
Country Belgium – House of Representatives Name of the Committee Special Committee on the Accompaniment of the Standing Police Monitoring Committee Members 7 Staff 2 Membership Members of the House (Speaker in the Chair) Activities overseen Assessment of the activities of the law enforcement services Powers to examine, on behalf of the House, the Standing Police Monitoring Committee’s reports on the activities of and the complaints about the law enforcement services Meeting in public or in camera in camera Output reports to the House
Country Belgium - Senate Name of the Committee Commission de la Justice Members (1)Chaque commission comprend dix-sept membres. Pour chaque liste de membres effectifs des commissions sont désignés, dans les mêmes conditions, des suppléants dont le nombre est égal à celui des membres effectifs augmenté d’une unité. (2)Tout sénateur appartenant à un groupe politique représenté dans les commissions permanentes en application du point (1), fait partie au moins d’une commission en qualité de membre effectif et d’une autre commission en qualité de membre suppléant. La composition actuelle de la commission de la Justice est jointe au présent document.
7 Staff Secrétariat administratif de 3 à 4 personnes (2 à 3 juristes + 1 secrétaire) Membership Activities overseen 1. Les commissions sont chargeés d’examiner les projets de loi, les propositions et toutes les affaires dont le Sénat ou son Powers président les saisit. Elles font rapport à ce sujet à l’assemblée. 2. Avec l’accord du bureau ou du président, les commissions peuvent également organiser des auditions et des journées d’étude. Elles déterminent au préalable les modalités selon lesquelles il en sera éventuellement fait rapport. 3. Lorsque, dans une discussion, les commissions concluent à la nécessité de légiférer ou d’exprimer le point de vue du Sénat, elles peuvent rédiger elles-mêmes une proposition de loi ou de résolution, l’examiner, la mettre aux voix et faire rapport à son sujet, sans que le Sénat la prenne préalablement en considération. Cette procédure ne peut être engagée qu’avec l’accord écrit de deux tiers des membres de la commission, et moyennant l’assentiment préalable du président du Sénat. En cas de doute sur la recevabilité, ou sur la compétence de la commission, celui-ci consulte le bureau. 4. Les commissions peuvent également demander au gouvernement de venir fournir des informations sur les questions qui relèvent de leurs compétences. 5. Le vote sur les textes proposés n’est valable que si la majorité des membres se trouve réunie. 6. Un procès-verbal est établi à l’issue de chaque réunion de commission et il est signé par le président. Le président du Sénat peut décider de l’établissement d’un compte rendu intégral des réunions de commission qu’il désigne. Meeting in public or in camera Les réunions de commission sont publiques. Se tiennent toujours à huis clos : a) les réunions au cours desquelles une commission délibère, en application de l’article 59 de la Constitution, sur l’autorisation à donner en vue de l’arrestation judiciaire d’un membre, sur son renvoi ou sa citation directe devant le juge pénal ou sur la suspension des poursuites; b) sur décision du bureau de la commission, les réunions concernant des questions d’ordre administratif ou d’ordre des travaux. Pour le surplus, les commissions se réunissent également à huis clos soit à la demande d’un membre du gouvernement, soit lorsque le Bureau du Sénat ou la commission le décide pour une réunion ou pour un point spécifique inscrit à l’ordre du jour. Lorsqu’une réunion se tient à huis clos, seuls les rapports adoptés ainsi que les communiqués établis sous la responsabilité du président sont rendus publics.
8 Output Projets de loi à l’examen (session 2012-2013) : - projet de loi modifiant le livre II, titre Ierter du Code pénal (terrorisme), doc. Sénat, n° 5-1905 - projet de loi portant des dispositions fiscales et autres en matière de justice (lutte contre la fraude fiscale), doc. Sénat, n° 5-1887 Pour mémoire : voir la loi du 11 janvier 1993 sur la prévention de l’utilisation du système financier aux fins de blanchiment de capitaux, qui crée la Cellule de traitement des informations financières (CTIF).
Country Bulgaria - National Assembly Name of the Committee Anti-Corruption and Conflict of Interests and Parliamentary Ethics Committee Members 5 Staff 6 Activities overseen One of the main goals in the work of the Committee is coordination between authorities on anti-corruption activities. The Committee prepares reports, opinions and suggestions. Powers Proposals for amendments or legal technical improvements of existing regulations. Commission supervises the activities of the executive power in matters concerning state and public interests, information about violations and corruption. The Commission carried out surveys and studies and prepare analyzes, recommendations, and strategies for combating and curbing corruption. Meeting in public or in camera Both are allowed. Output Prevention and disclosure of corrupt practices.
Country Cyprus - House of Representatives Name of the Committee House Standing Committee on Foreign & European Affairs Members Mr. Averof NEOFYTOU, M.P. Chairman (DISY) Mr. Christos STYLIANIDES, M.P. Deputy Chairman (DISY) Mr. Georgios TASOU, M.P. Member (DISY) Mr. George LOUKAIDES, M.P. Member (AKEL - Left - New Forces) Mr. Christos MESIS, M.P. Member (AKEL - Left - New Forces)
9 Dr. Adamos ADAMOU, M.P. Member (AKEL - Left - New Forces) Mrs. Athena KYRIAKIDOU, M.P. Member (DIKO) Mr. Sophoclis FITTIS, M.P. Member (DIKO) Mr. Fidias SARIKAS, M.P. Member (MSD EDEK) Mr. Demetris SYLLOURIS, M.P. Member (European Party) Staff Mrs. Natia KARAYIANNI Membership Political party groups in the House are duly represented on each parliamentary committee according to their electoral power. Activities overseen/executed The House Standing Committee on Foreign and European Affairs examines all international conventions that are submitted to the House for ratification. It also discusses topics related to European integration and other issues in connection with the Parliament’s European and international commitments. It also acts as the Parliament’s Friendship Group with other Parliaments which have such a Group in relation to Cyprus. In addition, it organizes inter-parliamentary meetings with respective Committees of foreign parliaments. Meeting in public or in camera The Chairman of the Committee decides whether to meet in public or in camera. The media can take footage at the beginning and at the end of the committee meeting. However, journalists can stay on up until when members of the Committee take a stand on the issue(s) at hand and vote thereupon. Article 75 of the Constitution of the Republic of Cyprus provides that the meetings of the House are open to the public and the minutes of the debates are recorded and published verbatim. The House may, if it deems necessary, hold a closed session on a resolution carried by a three-quarters majority vote of the total number of Representatives.
Country Cyprus - House of Representatives Name of the Committee House Standing Committee on Legal Affairs Members Mr. Ionas NICOLAOU, M.P. Chairman (DISY) Mr. Georgios GEORGIOU, M.P. Deputy Chairman (DISY) Mr. Tasos MITSOPOULOS, M.P. Member (DISY) Mr. George LOUKAIDES, M.P. Member (AKEL - Left - New Forces) Mr. Aristos DAMIANOU, M.P. Member (AKEL - Left - New Forces) Mr. Giorgos GEORGIOU, M.P. Member (AKEL - Left - New Forces)
10 Mr. Nicholas PAPADOPOULOS, M.P. Member (DIKO) Mr. Antonis ANTONIOU, M.P. Member (DIKO) Mr. Nicos NICOLAIDES, M.P. Member (MSD EDEK) Staff Mrs. Valentini SYLVESTROU Mrs. Olga PALATOU Mrs. Natia KARAYIANNI Membership Political party groups in the House are duly represented on each parliamentary committee according to their electoral power. Activities overseen/executed The House Standing Committee on Legal Affairs examines issues that fall within the remit of the Ministry of Justice and Public Order, as well as constitutional matters. Meeting in public or in camera The Chairman of the Committee decides whether to meet in public or in camera. The media can take footage at the beginning and at the end of the committee meeting. However, journalists can stay on up until when members of the Committee take a stand on the issue(s) at hand and vote thereupon. Article 75 of the Constitution of the Republic of Cyprus provides that the meetings of the House are open to the public and the minutes of the debates are recorded and published verbatim. The House may, if it deems necessary, hold a closed session on a resolution carried by a three-quarters majority vote of the total number of Representatives.
Country Cyprus - House of Representatives Name of the Committee House Standing Committee on Financial & Budgetary Affairs Members Mr. Nicholas PAPADOPOULOS, M.P. Chairman (DIKO) Mr. Angelos VOTSIS, M.P. Deputy Chairman (DIKO) Mr. Averof NEOFYTOU, M.P. Member (DISY) Mr. Marios MAVRIDES, M.P. Member (DISY) Mr. Haris GEORGIADES, M.P. Member (DISY) Mr. Stavros EVAGOROU, M.P. Member (AKEL - Left - New Forces) Mr. Yiannos LAMARIS, M.P. Member (AKEL – Left - New Forces) Mr. Pampos PAPAGEORGIOU, M.P. Member (AKEL - Left - New Forces)
11 Mr. Nikos NIKOLAIDES, M.P. Member (MSD EDEK) Mr. Nikos KOUTSOU, M.P. Member (European Party) Mr. Giorgos PERDIKIS, M.P. Member (The Greens) Staff Mrs. Tasoula IERONYMIDOU Mr. Konstantinos PELIDES Mrs. Stavroula KOUSIAPPA Mr. Antonis CONSTANTINOU Membership Political party groups in the House are duly represented on each parliamentary committee according to their electoral power. Activities overseen/executed The House Standing Committee on Financial and Budgetary Affairs examines bills and other issues of financial interest, such as the annual state budget, the annual budget of semi-governmental organisations and the bills and regulations submitted by the Ministry of Finance. The Committee also exercises parliamentary control over the financial system, the working conditions of temporary and permanent civil servants, the operation of commercial banks, the Central Bank and cooperative institutions. Meeting in public or in camera The Chairman of the Committee decides whether to meet in public or in camera. The media can take footage at the beginning and at the end of the committee meeting. However, journalists can stay on up until when members of the Committee take a stand on the issue(s) at hand and vote thereupon. Article 75 of the Constitution of the Republic of Cyprus provides that the meetings of the House are open to the public and the minutes of the debates are recorded and published verbatim. The House may, if it deems necessary, hold a closed session on a resolution carried by a three-quarters majority vote of the total number of Representatives.
Country Cyprus - House of Representatives Name of the Committee House Standing Committee on Institutions, Merit and the Commissioner for Administration (Ombudsman) Members Mr. Demetris SYLLOURIS, M.P. Chairman (European Party) Mr. Fidias SARIKAS, M.P. Deputy Chairman (MSD EDEK) Mr. Andreas KYPRIANOU, M.P. Member (DISY) Mr. Costas CONSTANTINOU, M.P. Member (DISY)
12 Mr. Marios MAVRIDES, M.P. Member (DISY) Mr. Panikkos STAVRIANOS, M.P. Member (AKEL - Left - New Forces) Mr. Costas COSTA, M.P. Member (AKEL - Left - New Forces) Mrs. Irene CHARALAMBIDES, M.P. Member (AKEL - Left - New Forces) Mr. Nicholas PAPADOPOULOS, M.P. Member (DIKO) Mr. Neophytos CONSTANTINOU, M.P. Member (DIKO) Staff Mrs. Theodora VASILIOU Membership Political party groups in the House are duly represented on each parliamentary committee according to their electoral power. Activities overseen/executed The House Standing on Institutions, Merit and the Commissioner for Administration (Ombudsman) considers matters relating to good practice in administration. The Committee conducts legislative work and exercises parliamentary control with the aim of taking measures to fill gaps and weaknesses in the operation of public administration, with a view to consolidating meritocracy and trust among the citizens. Meeting in public or in camera The Chairman of the Committee decides whether to meet in public or in camera. The media can take footage at the beginning and at the end of the committee meeting. However, journalists can stay on up until when members of the Committee take a stand on the issue(s) at hand and vote thereupon. Article 75 of the Constitution of the Republic of Cyprus provides that the meetings of the House are open to the public and the minutes of the debates are recorded and published verbatim. The House may, if it deems necessary, hold a closed session on a resolution carried by a three-quarters majority vote of the total number of Representatives.
Country Cyprus - House of Representatives Name of the Committee House Standing Committee on Internal Affairs Members Mr. Yiannos LAMARIS, M.P. Chairman (AKEL- Left - New Forces) Mrs. Stella Misiaouli Demetrtiou, M.P. Deputy Chairwoman (AKEL-Left - New Forces) Mr. Christos MESIS, M.P. Member (AKEL - Left - New Forces) Mr. Andreas KYPRIANOU, M.P. Member (DISY) Mr. Ionas NICOLAOU, M.P. Member (DISY)
13 Mr. Kyriacos HADJIYIANNIS, M.P. Member (DISY) Mr. Neophytos CONSTANTINOU, M.P. Member (DIKO) Mr. Sophoclis FITTIS, M.P. Member (DIKO) Mr. Fidias SARIKAS, M.P. Member (MSD EDEK) Mr. Demetris SYLLOURIS, M.P. Member (European Party) Mr. Giorgos PERDIKIS, M.P. Member (The Greens) Staff Mrs. Eleni ELIADES Mrs. Tonia KYROU Mr. Christos KOLOKASIDES Membership Political party groups in the House are duly represented on each parliamentary committee according to their electoral power. Activities overseen/executed The House Standing Committee on Internal Affairs examines issues that fall within the remit of the Ministry of the Interior. In particular, the Committee examines bills, legislative proposals, regulations and issues relating to local government, water supply, town planning, foreign citizens, asylum seekers, sewerage systems, the Cyprus Broadcasting Corporation, private broadcasting, as well as issues related to electoral laws, civil defence, etc. Meeting in public or in camera The Chairman of the Committee decides whether to meet in public or in camera. The media can take footage at the beginning and at the end of the committee meeting. However, journalists can stay on up until when members of the Committee take a stand on the issue(s) at hand and vote thereupon. Article 75 of the Constitution of the Republic of Cyprus provides that the meetings of the House are open to the public and the minutes of the debates are recorded and published verbatim. The House may, if it deems necessary, hold a closed session on a resolution carried by a three-quarters majority vote of the total number of Representatives.
Country Czech Republic – Chamber of Deputies Name of the Committee Committee on Security Members 15 MPs Staff 3 members of staff, i.e. one secretary and two assistants Membership All committees are established in accordance with the principle of proportional representation
14 Activities overseen The Committee discusses individual bills between the first and second readings, mostly discussing bills presented by the Ministry of the Interior on behalf of the Government. The Minister is invited to join the Committee for the discussion of the bill. The Committee on Security deals primarily with issues related to the Police of the Czech Republic, municipal and city police forces, intelligence services, prison services, energy security of the state, rescue forces and emergency services, handling mostly conceptual issues in these areas, to which also the competence of the Committee’s four sub-committees corresponds. Powers Each committee discusses issues specified by the Chamber of Deputies as well as issues determined by its own resolutions. Every committee adopts a resolution on the results of each debated issue. It is co-produced by the appointed rapporteur(s) and signed by the committee’s chairperson, rapporteur and verifier. Unless proceeding in compliance with Article 109a, Section 3 of the Chamber Rules of Procedure, the committee shall present its resolution to the Chamber of Deputies or the relevant cabinet member or director of another central public administration authority, depending on its nature. Every cabinet member or director of another central public administration authority shall forward all information and explanations requested by the committee’s resolution within 30 days, unless the committee specifies a longer time limit and unless such information and explanations are subject to confidentiality regulations or their disclosure is prohibited by the law. Meeting in public or in camera Committee meetings are convened and conducted by the Chairperson, who is obliged to convene a meeting upon the decision of the Chamber of Deputies, or upon a request of at least two-fifths of all the members of the Committee, and must do so within 15 days from such a decision or request. The meeting’s agenda is proposed by the Chairperson and approved by the Committee. If a member of the Committee requests that an additional item be added to the agenda, it must be approved by three-fifths of all the members of the Committee. The Committee’s meetings are open to the public, but it may be proposed that a meeting be declared closed to the public (excluding the public and media). The Committee decides by an absolute majority of the members present. Output Committee adopts resolutions, minutes from the meetings. Committee outputs are available via web site, it is only in Czech: http://www.psp.cz/sqw/hp.sqw?k=4902
15 Country Czech Republic – Chamber of Deputies Name of the Committee Committee for constitutional and legal affairs Members 15 MPs Staff 3 members of staff, i.e. one secretary and two assistants Membership All committees are established in accordance with the principle of proportional representation Activities overseen The Committee discusses individual bills between the first and second readings, mostly discussing bills presented by the Ministry of the Justice on behalf of the Government. The Minister is invited to join the Committee for the discussion of the bill. The Committee deals primarily with issues related to the Legal system of the Czech Republic, Reform of Judiciary and Prosecution, to which also the competence of the Committee’s four sub- committees corresponds. Powers Each committee discusses issues specified by the Chamber of Deputies as well as issues determined by its own resolutions. Every committee adopts a resolution on the results of each debated issue. It is co-produced by the appointed rapporteur(s) and signed by the committee’s chairperson, rapporteur and verifier. Unless proceeding in compliance with Article 109a, Section 3 of the Chamber Rules of Procedure, the committee shall present its resolution to the Chamber of Deputies or the relevant cabinet member or director of another central public administration authority, depending on its nature. Every cabinet member or director of another central public administration authority shall forward all information and explanations requested by the committee’s resolution within 30 days, unless the committee specifies a longer time limit and unless such information and explanations are subject to confidentiality regulations or their disclosure is prohibited by the law. Meeting in public or in camera Committee meetings are convened and conducted by the Chairperson, who is obliged to convene a meeting upon the decision of the Chamber of Deputies, or upon a request of at least two-fifths of all the members of the Committee, and must do so within 15 days from such a decision or request. The meeting’s agenda is proposed by the Chairperson and approved by the Committee. If a member of the Committee requests that an additional item be added to the agenda, it must be approved by three-fifths of all the members of the Committee. The Committee’s meetings are open to the public, but it may be proposed that a meeting be declared closed to the public (excluding the public and media). The Committee decides by an absolute majority of the members present. Output Committee adopts resolutions, minutes from the meetings. Committee outputs are available via web site, it is only in Czech: http://www.psp.cz/sqw/hp.sqw?k=4002
16 Country Czech Republic – Senate Name of the Committee Committee on Legal and Constitutional Affairs (CLCA) and partially Committee on Foreign Affairs, Defence and Security (CFADS) Members 10 (CLCA), 12 (CFADS) of 81 Senators total Staff 2 (CLCA), 3 (CFADS) Membership Any Senator may become a member of the committee. Activities overseen Both committees are regular sectoral committees (i.e. they mostly debate proposed legislation and/or international treaties), they have no special powers regarding the abovementioned topics. Powers See above. Meeting in public or in camera Generally in public. Output No special output related to the abovementioned topics. Resolutions of the committees may result in amendments to the legislative drafts debated in the Senate.
Country Denmark - The Folketing Name of the Committee The Legal Affairs Committee Members Jacob Bjerregaard (S), Julie Skovsby (S), Mogens Jensen (S) Mette Reissmann (S), Ole Hækkerup (S), Rasmus Prehn (S) Jeppe Mikkelsen (RV), Zenia Stampe (RV), Camilla Hersom (RV), Karina Lorentzen Dehnhardt (SF) (Chairman) Jonas Dahl (SF), Pernille Skipper (EL), Johanne Schmidt-Nielsen (EL), Henning Hyllested (EL), Doris Jakobsen (SIU), Kim Andersen (V), Preben Bang Henriksen (V) Inger Støjberg (V), Karen Jespersen (V), Jan E. Jørgensen (V), Karsten Lauritzen (V), Kristian Pihl Lorentzen (V), Karsten Nonbo (V), Peter Skaarup (DF), Dennis Flydtkjær (DF), Pia Adelsteen (DF), Kim Christiansen (DF), Simon Emil Ammitzbøll (LA), Tom Behnke (KF) (Deputy chairman) Staff The Legal Affairs Committee: Two committee secretaries and one assistant Membership The Legal Affairs Committee: 29 members appointed by the Parties in the parliament after the distribution of seats in parliament
17 Activities overseen The Legal Affairs Committee is one of the Danish Parliament’s standing committees. Its remit includes the administration of justice and the police service, including the Administration of Justice Act, court fees, the penal code, the general law of property and tort, including the registration of property, road traffic legislation and the prevention of cruelty to animals, etc. The Committee submits recommendations regarding the election of the Danish Parliament’s Ombudsman and the Ombudsman’s annual report, and the Committee is empowered to recommend the dismissal of the Ombudsman.
The Committee’s remit primarily corresponds to that of the Ministry of Justice. Authorities and agencies under the Ministry of Justice include the Danish National Police, the Danish Prosecuting Service, the Danish Prison and Probation Service, the Danish Court Administration, the Danish Data Protection Agency, the Danish Civil Affairs Agency, as well as a number of councils and boards, including the Ethical Council for Animals, the Danish Crime Prevention Council, the Press Council, the Criminal Injuries Compensation Board and the Danish Traffic Safety Commission. The Committee’s work primarily relates to the handling of Bills from the Minister for Justice and proposals for parliamentary resolution regarding legal issues. Additionally, the Committee carries out parliamentary scrutiny of the Government, particularly the Minister for Justice. The Committee may also take up current legal policy issues. Powers The Committee powers are mainly concerned with the legislative power. Meeting in public or in camera The Committee have several open meetings (both meetings with ministers and conferences) where the public can participate. All open meetings in the parliament are transmitted live at the parliaments television channel and on parliaments homepage. The video is after the meeting accessible at all time.
Country Estonia - The Riigikogu Name of the Committee Legal Affairs Committee Members Chairman: Mr Marko Pomerants - [email protected] Vice-chairman: Mr Kalle Laanet - [email protected]
18 Members: Andres Anvelt Igor Gräzin Kalle Jents Siim Kabrits Valdo Randpere Neeme Suur Marika Tuus-Laul Peeter Võsa Staff The secretariat of Legal Affairs Committee consists of 5 civil servants: Mrs Raini Laide (Head of the Secretariat of the Committee) - [email protected] Linnar Liivamägi (Advisor) Carina Rikart (Advisor) Tiina Kärsna (Consultant) Mari Minn-Cypriano (Consultant) Membership According to the Riigikogu Rules of Procedure and Internal Rules Act1 the number of members of a standing committee of the Riigikogu shall be determined by the Board of the Riigikogu. (The exception is the European Union Affairs Committee that shall have at least 15 members). However, the board has to take into account political balance (opposition vs coalition) and proportionality of the factions represented in the Riigikogu as well as the fact that no standing committee would be too small or too big to be able to carry out their main function: to prepare legislative acts for the proceedings in the Riigikogu.
The number of positions on the Riigikogu committees prescribed for the Riigikogu factions is proportionate to the number of members of each faction. The Board of the Riigikogu determines the number of positions belonging to a faction on each standing committee (incl. Legal Affairs Committee.) Factions appoint their members to serve on Legal Affairs Committee. The Board of the Riigikogu appoints non-attached members of the Riigikogu to the Legal Affairs Committee, on the basis of the wishes of the members of the Riigikogu and the feasibility of organising the work. Members of the Legal Affairs Committee elect the chairman and deputy chairman of the committee from among
1 Riigikogu Rules of Procedure and Internal Rules Act (unofficial translation) - http://www.riigikogu.ee/?rep_id=799356
19 themselves at the first sitting of the committee. The chairman and deputy chairman of a committee are elected at the same time. According to the parliamentary practice, the chairman of the committee represents the coalition and the deputy chairman represents opposition. At the moment, there are 5 MPs from coalition, 4 MPs from opposition and 1 non- attached MP in the Legal Affairs Committee. Activities overseen Regular sittings of committees are held during regular sessions. Please see also division “Powers”. Powers The Legal Affairs Committee is one of the standing committees of the Riigikogu. Since 1992, the Legal Affairs Committee has been the leading committee in the legislative proceeding of Bills dealing with the reform of private law, criminal law and internal security. The Legal Affairs Committee also conducts the legislative proceeding of acts regulating the specialised services of public service (police service, border guard service, rescue service and prosecution service). Draft legislation concerning the activities of lawyers, notaries, sworn translators, bailiffs and trustees in bankruptcy, as well as bills on ratification of international conventions and agreements fall within the sphere of work of the Legal Affairs Committee.
As a standing committee of the Riigikogu, the Legal Affairs Committee has the right to initiate amendment Acts and submit motions to amend draft Acts in the legislative proceeding of the Riigikogu. When necessary, the Committee can initiate the deliberation of an issue as a matter of significant national importance at the plenary session of the Riigikogu. In proceeding draft Acts the Legal Affairs Committee cooperates with institutions connected with the area of regulation concerned, as well as with specialists, experts and citizens' associations. The closest cooperation relations have been established with the Bar Association, courts, the Prosecutor's Office and the Police. The Committee also holds joint sittings with different institutions and sessions outside Tallinn.
The Legal Affairs Committee provides its opinion on the candidates for the Prosecutor General, the Head of the Security Police and the Director General of the Police Board upon their appointment to office. The Committee participates in the constitutional review proceedings in the Supreme Court whenever the question of constitutionality of a legislative Act within the competence of the Legal Affairs Committee is raised. The Committee provides its opinion on the compliance of the disputed act with the Constitution.
20 Within its area of competence, the Legal Affairs Committee carries out oversight over the exercise of the executive power, monitoring the implementation of reforms in criminal law, private law and national security. At international level, the Committee has cooperation relations with respective committees of the parliaments of other countries. Meeting in public or in camera Sittings of the committees of the Riigikogu are closed but in case of need a committee may declare a sitting to be public (if more than one-half of the members of the committee vote in favour thereof). Minutes are taken of sittings of the committees which are available at the webpage of the Riigikogu. Committees also deliver press releases and they communicate with the public via their web-pages. Output Legislation; a committee of the Riigikogu may prepare a report for analysing an issue within its competence or for exercise of supervision Please see also division “Powers”.
Country Estonia - The Riigikogu Name of the Committee Finance Committee Members Chairman: Mr. Sven Sester - [email protected] Vice-Chairman: Mr. Rannar Vassiljev - [email protected] Members: Peeter Laurson Inara Luigas Eiki Nestor Taavi Rõivas Kadri Simson Mihhail Stalnuhhin Aivar Sõerd Urve Tiidus
21 Staff The secretariat of Finance Committee consists of 4 civil servants: Mrs. Tiina Licht (Head of the secretariat) – [email protected] Andres Ando (Advisor) Anneli Kivitoa (Advisor) Helda Puura (Consultant) Membership Formation of the committee and election of chairman and deputy chairman of committee are similar to the Legal Affairs Committee. At the moment, there are 6 MPs from the coalition and 5 members from the opposition in the Finance Committee. Activities overseen Regular sittings of committees are held during regular sessions. Please see also division “Powers”. Powers The Finance Committee was formed in 1992. Until 1994 it was known as the Budget and Tax Committee. The Finance Committee deliberates the state budget, and the Bills relating to taxation, insurance and banking, and resolves the problems and issues relating to these areas at the legislative level.
As the financial and tax system is subject to constant improvement, most of the Bills referred to the Committee are amendments to the existing Acts. The Committee cooperates with the Ministry of Finance, the Tax and Customs Board, Eesti Pank, the State Audit Office, and also with other institutions and interest groups affected by the Bills in proceeding, and the committees performing similar functions in the parliaments of other countries. In addition to proceeding draft legislation, the Finance Committee as the leading committee also initiates draft Acts and draft resolutions, as well as deliberations of issues of significant national importance in the Riigikogu. The Finance Committee provides opinions on the EU draft legislation concerning its sphere of activity.
Legislation related to money laundering belongs to the competence of the Finance Committee. (Since 2007 Money Laundering and Terrorist Financing Prevention Act is valid in Estonia.) Meeting in public or in camera Sittings of the committees of the Riigikogu are closed but in case of need a committee may declare a sitting to be public (if more than one-half of the members of the committee vote in favour thereof). Minutes are taken of sittings of the committees which are available at the webpage of the Riigikogu. Committees also deliver press releases and they communicate with the public via their web-pages. Output Legislation; a committee of the Riigikogu may prepare a report for analysing an issue within its competence or for
22 exercise of supervision Please see also division “Powers”.
Country Finland Name of the Committee The Administration committee deals with a) organised crime, b) corruption, c)money laundering. Also the legal affairs committee deals with same matters e.g. from the point of view the criminal law. Members 17 Staff 5 (two lawyers and three assistants) Powers Hearings, unlimited right to get information Meeting in public or in camera Meeting in camera Output Reports concerning legislation (bills), reports to the government and ministries.
Country Finland - The Eduskunta Name of the Committee Subcommittee for Administration and Security of the Finance Committee Members 11 Staff 1 Membership Proportional Activities overseen Use personal data, appointment of staff Powers Meetings Meeting in public or in camera No Output State budget, supplementary budgets
23 Country France - Sénat Name of the Committee Commission des Lois Members Président : Jean-Pierre SUEUR ; 49 membres Staff Chef de service : Bertrand FOLLIN ; Administrateurs : Philippe BACHSCHMIDT, Coralie ALBUMAZARD, Marc PARCELIER Activities overseen Droit pénal, procédure pénale, droit des affaires, sécurité. Powers Législation et contrôle Meeting in public or in camera La commission peut décider de tenir des réunions ouvertes au public et à la presse Output Projet de loi relatif à la sécurité et à la lutte contre le terrorisme : Rapport n° 35 (2012-2013) du 10 octobre 2012 - par M. Jacques MÉZARD
Country France - Sénat Name of the Committee Commission des Finances Members Président : Philippe MARINI ; 49 membres Staff Chef de service : Emmanuel TRIBOULET ; Administrateurs : Pierre CHAVY, David ALPHAND, Etienne DE LAGENESTE Activities overseen Contrôle et contentieux de l’impôt, sécurité, droit financier, droit boursier, banques et marchés financiers Powers Législation relative aux finances publiques; contrôle budgétaire Meeting in public or in camera La commission peut décider de tenir des réunions ouvertes au public et à la presse Output Projet de loi portant diverses dispositions d'adaptation de la législation au droit de l'Union européenne en matière économique et financière : Rapport n° 247 (2012-2013) du 19 décembre 2012 - par M. Richard YUNG
Country France - Sénat Name of the Committee Commission des Affaires européennes Members Président : Simon SUTOUR ; 36 membres Staff Chef de service : François SICARD ; Administrateurs : Philippe DELIVET, Aude BORNENS
24 Activities overseen Justice et affaires intérieures, questions budgétaires Powers Résolutions européennes, avis motivés subsidiarité Meeting in public or in camera La commission peut décider de tenir des réunions ouvertes au public et à la presse Output Rapport de Mme Sophie JOISSAINS : "Vers un Parquet européen" n° 203 (2012-2013) du 11 décembre 2012
Country Germany - Bundesrat Name of the Committee The issues organised crime, corruption and/or money Laundering fall usually under the sphere of competence of the Legal Affairs Committee or the Internal Affairs Committee. Members Each Bundesrat committee has 16 members representing their respective federal state government. In the Legal Affairs Committee and the Internal Affairs Committee the states are represented by the Justice Ministers and the Ministers of Interior. For further details respectively the members of the committees please see here www.bundesrat.de Staff Depending on the size of the Bundesrat committee, the teams of the committee secretariats usually consist of one committee secretary (head of the committee), one or two desk officers and office staff (two to four employees). Membership The members are appointed by their federal state government. Activities overseen No concrete answer possible. Please see answer to powers. Powers The committees don't have any special competences regarding organised crime, corruption and money laundering. They only deal with these issues through their regular legislative competences on federal legislation (i.e. proposal (to the plenary) to initiate legislation, proposal to adopt amendments, proposal to adopt recommendations, proposal to adopt a law, proposal to refuse the consent, proposal to convene the mediation committee). Meeting in public or in camera Meetings of Bundesrat committees are always confidential.
25 Output In the past three years the Bundesrat dealt among others with the following European proposals concerning organised crime etc: COM (2010) 94, COM (2010) 95, COM (2011) 429, COM (2012) 85 and COM (2012) 286.
Relevant national federal legislation has been: "Gesetz zu dem Protokoll vom 15. Mai 2003 zur Änderung des Europäischen Übereinkommens vom 27. Januar 1977 zur Bekämpfung des Terrorismus (BR-Drs. 234/10 and 524/10); Gesetz zu dem Übereinkommen des Europarats vom 16. Mai 2005 zur Verhütung des Terrorismus (BR- Drs. 543/10 und 18/11); Entwurf eines Gesetzes zur Verbesserung der Bekämpfung von Geldwäsche und Steuerhinterziehung - Schwarzgeldbekämpfungsgesetz (BR-Drs. 851/10 and 166/11); Gesetz zur Optimierung der Geldwäscheprävention (BR-Drs. 317/11 and 784/11).
Country Germany – Bundestag Name of the Committee Organised crime, corruption, and/or money laundering are mainly dealt with by the Committee on Internal Affairs and the Committee on Legal Affairs; the Finance Committee is the committee responsible in the fight against money laundering Members The Committee on Internal Affairs, the Committee on Legal Affairs and the Finance Committee have 37 members each. Staff Committee on Internal Affairs 8; Committee on Legal Affairs 9; Finance Committee 7. Membership Deputies Activities overseen Committee on Internal affairs: All areas for which the Federal Ministry of the Interior is responsible, i.e. foreign residents, refugees/asylum, civil defence and disaster prevention, federal police forces (Bundeskriminalamt, Bundespolizei), public administration, civil servants etc. Parliamentary scrutiny of the Federal Ministry of the Interior and the intelligence services. Committee on Legal Affairs: The fields overseen by the Committee correspond largely to the functions performed by the Federal Ministry of Justice. The following fields, in particular, fall within the Committee’s remit: public and constitutional law; the organisation of the courts; the administration of justice and procedural law; civil law; trade and economic law (company law, commercial legal protection); copyright law; the law relating to criminal and regulatory offences; international law; mutual legal assistance; extradition law; the law of the European Union; and professional standards for attorneys-at-law, judges and public prosecutors. The Committee on Legal Affairs watches closely to make sure that laws do not contravene the constitution and satisfy formal requirements.
26 Finance Committee: Taxation and Financial Market Regulation Powers Usually ex-post oversight; right to request the presence of the responsible minister in the committee (art. 43 Constitution); in practice chiefs of government agencies will appear as well when invited; the government reports regularly in the committee on matters concerning fight against organised crime etc.; regular public hearings on new pieces of legislation; on the spot visits by delegated members of the committee are possible. Meeting in public or in camera Usually in camera, though public meetings are possible; hearings are public; however, there might be talks with experts in camera as well. Output Committee on Internal affairs: Responsible (among others) for: Gesetz über das Bundeskriminalamt (Law on the Federal Criminal Police Office), regulating various competences in the fight against organised crime; Gesetz zur Ergänzung der Bekämpfung der Geldwäsche und der Terrorismusfinanzierung (Geldwäschebekämpfungsergänzungsgesetz - GwBekErgG) (Law amending the Money Laundering Act). Committee on Legal Affairs: The Committee on Legal Affairs, if not responsible, is usually asked for an opinion on relevant bills. Finance Committee: Acts relating to the fight against money laundering and tax evasion (e.g. Gesetz zur Verbesserung der Bekämpfung von Geldwäsche und Steuerhinterziehung, Gesetz zur Optimierung der Geldwäscheprävention, Gesetz zur Ergänzung des Geldwäschegesetzes).
Country Greece - Hellenic Parliament Name of the Committee Standing Committee for Public Administration , Public Order and Justice, and Permanent Committee for Institutions and Transparency
N.B. Please mention all committees if different committees deal separately with a) organised crime, b) corruption, c)money laundering Members http://www.hellenicparliament.gr/en/Koinovouleftikes-Epitropes/CommiteeDetailView?CommitteeId=9739559c- 3495-43cc-98f7-9e892bc9b28d&period=4eb101ca-f553-4f3d-87ba-bb23ad46a381 and http://www.hellenicparliament.gr/en/Koinovouleftikes-Epitropes/CommiteeDetailView?CommitteeId=2b188390- 2f24-4d95-b867-912d485fa8cf&period=4eb101ca-f553-4f3d-87ba-bb23ad46a381, respectively Staff 1 from Directorate for Parliamentary Committees and 1 from the Directorate for European Affairs
27 Membership Proportional Activities overseen See the above links Powers « « Meeting in public or in camera All Committee meetings are public and broadcasted via the Hellenic Parliament’s Chanel. The Standing Orders (art.38) provide the conditions under which a decision for in camera sitting.is approved. Output http://www.hellenicparliament.gr/Koinovouleftikes-Epitropes/ektheseis?search=on&commission=9739559c-3495- 43cc-98f7-9e892bc9b28d
Country Hungary - The House of the Nation Name of the Committee Committee on Defence and Internal Security Members 20 MPs Staff 2 advisors, 1 secretary Membership Chairman: governing party, 3 Vice-Chairman: 2 governing party, 1 opposition. 10 further Members: governing party, 6 Members opposition Activities overseen Organised crime, corruption, money laundering, etc. Powers Oversight of government activities, discussing proposed laws, hearing of ministers and state secretaries, etc. Meeting in public or in camera Both, more frequently in public Output Passed laws and modification proposals, approval of appointment of ministers and state secretaries
Country Italy - Senate Name of the Committee Committee on Justice Members 24 Staff Secretariat: 2 advisers, 1 archivist and 3 assistants. Secretariat of the President Membership 24 senators
28 Activities overseen The second Committee has the competence to draft bills on specific matters related to judiciary law, staff and services of the Ministry of Justice, and to draft bills on civil and criminal matters. Other competences are notarial archives, professional orders, and matters related to prison law and administration. As part of its numerous advisory activities, it gives its opinion, mostly in a more restricted composition (subcommittee-like), on the draft bills assigned to it by the Presidency of the Senate - in this context they are evaluated from a strictly technical point of view - as well as on all other draft bills and amendments under examination by others committees, that contain provisions on criminal and administrative sanctions. Powers Legislative and political functions Meeting in public or in camera Meetings are public. Publicity to the work is ensured mainly by the summary report. For some locations shorthand reporting is envisaged. Output Draft bills approved: 82 in the referral stage; 6 in the deliberation stage. Opinions issued: 300
Country Latvia - The Saeima Name of the Committee Defence, Internal Affairs and Corruption Prevention Committee Members 13 Members Staff 6 Membership The composition of committees should be a proportionate reflection of the parliamentary groups represented in the Saeima. Activities overseen Committee has jurisdiction to the laws of national security, national defense, home affairs, justice, anti-corruption, as well as policy planning documents and draft resolutions.Committee prepare matters to be considered at plenary sittings. Upon the decision of the Saeima, committees consider draft laws, proposals and submissions. Agendas of the committee meetings are available in Latvian. Committee also carry out parliamentary scrutiny of the work of the government by providing recommendations for streamlining the work of the executive branch.
Committee involves in the foreign policy activities in the following areas: - Cooperation with NATO bodies on issues related to the Latvian practicing collective security system;
29 - Cooperation with the European Parliament, addressing the common foreign and security policy and justice and home affairs issues; - Bilateral cooperation with the EU and NATO; - Bilateral cooperation with third countries in the EU and NATO policy of good neighborliness; - Participation in international conferences, symposia and seminars.
Cooperation with non-governmental organizations (NGOs) The Committee shall involve NGOs bill drafting and adoption process for returns sent in writing ideas and suggestions, as well as inviting their representatives to attend the meetings of the Committee. Meetings with NGO representatives on current security and public policy issues, and involve concepts discussed. Natural and legal persons applications, complaints and motions Is carried out in accordance with the provisions established order. Powers Committee has the right, without the Presidium's mediation, to directly request information and explanations necessary for their work from a relevant minister and the institutions subordinated to or supervised by him/her, and from local governments, as well as to summon the relevant officials to provide the required comments. Committee exercises parliamentary control over such public institutions: - Ministry of Defence and its subordinate bodies - Ministry of the Interior and its subordinate bodies - Ministry of Justice and its subordinate bodies - Other state institutions. Meeting in public or in camera Committee meetings are open to the public; however, committees may take a decision to hold a closed meeting. Output Committee consider draft laws, proposals and submissions or submit such documents, provided they pertain to the objectives of relevant committees. Before every reading, the responsible committee considers the proposed draft laws.
30 Country Lithuania - The Seimas Name of the Committee Committee on Legal Affairs Members Julius Sabatauskas, Chairman Stasys Šedbaras, Deputy Chairman Vilija Aleknaitė Abramikienė, Member Juozas Bernatonis, Member Vitalijus Gailius, Member Vytautas Gapšys, Member Gediminas Jakavonis, Member Neringa Venckienė, Member Staff Dalia Komparskienė, Head Martyna Civilkienė, Adviser Jurgita Janušauskienė, Adviser Dalia Latvelienė, Adviser Irma Leonavičiūtė, Adviser Rita Varanauskienė, Adviser Loreta Zdanavičienė, Adviser Vilma Jakštienė, Assistant Indrė Urbanavičiūtė, Assistant Rivena Jankauskaitė, Secretary Membership Members of the Seimas Activities overseen The trends of activities of the Committee on Legal Affairs shall be: 1) to consider and make proposals concerning the formation of State legal policy; 2) to prepare and help carry out a reform of the legal system; 3) to consider and present conclusions concerning drafts of proposed supplements and amendments of the Constitution, as well as to preliminarily ascertain whether draft laws under discussion are in conformity with the Constitution; 4) to consider and present conclusions concerning approximation of the legislation of the Republic of Lithuania to that of the European Union;
31 5) to prepare draft laws and proposals related to the enhancement of the effectiveness of law enforcement and to crime control, as well as co-ordinate the preparing of such drafts; 6) to consider and present conclusions and proposals concerning reforms of the system of law enforcement; 7) to present legal findings concerning drafts of laws and other legal acts prepared by other committees; 8) to consider and submit to the Seimas an opinion concerning candidatures for judges and presidents of the Constitutional Court and the Supreme Court, for judges of other courts, prosecutors who are appointed by the Seimas or whose nomination requires the approval of the Seimas, and concerning the dismissal of judges, as well prosecutors; 9) according to the rulings of the Constitutional Court concerning non-conformity of laws and other acts, passed by the Seimas, with the Constitution, to prepare drafts of amendments of the said laws and other acts passed by the Seimas or to submit proposals to other committees to prepare such drafts. Powers To exercise parliamentary scrutiny of the activities of law enforcement institutions, with the exception of the courts, and to prepare conclusions and proposals related thereto; to prepare and present conclusions and recommendations to the Seimas concerning the activities of the Ministry of Justice, the Ministry of the Interior, the Prosecutor’s Office and other law enforcement institutions. Meeting in public or in camera Mostly in public, in exceptional cases in camera. Output To consider draft laws and present conclusions on the activities of the Committee to the Seimas.
Country Luxembourg - Chamber of Deputies Name of the Committee Commission juridique Members 12* Staff 1 Activities overseen 1. Législation civile, commerciale et pénale. 2. Entraide judiciaire – Extradition – Changements de nom – Recours en grâce – Indigénat – Armes prohibées – Jeux de hasard – Paris sur épreuves sportives – Sociétés de gardiennage – Réviseurs d’entreprises – Experts judiciaires – Fondations, associations sans but lucratif – Indemnisation des victimes – Indemnisation en cas de détention préventive inopérante – Révision des procès criminels – Assistance judiciaire – Contentieux administratifs.
32 3. Organisation judiciaire – Relations avec la magistrature, le barreau, le notariat, les huissiers de justice – Formation des magistrats – Stage judiciaire. 4. Médiation – Arbitrage. 5. Politique européenne en matière de Justice Affaires intérieures – Coopération judiciaire et policière internationale. 6. Etablissements pénitentiaires. Powers Meeting in public or in camera in camera, may ask Speaker's Conference to have the meeting held in public Output reports, resolutions, major pieces of legislation Additional Comments *Commission juridique Président CSV (EPP): Roth Gilles Vice-Président DP (ALDE) : Bettel Xavier Membres CSV : Doerner Christine, Gloden Léon, Meyers Paul-Henri, Weiler Lucien LSAP (S&D) : Angel Marc, Bodry Alex, Klein Jean-Pierre DP : Polfer Lydie déi gréng : Braz Félix ADR (ECR): Henckes Jacques-Yves
Country Luxembourg - Chamber of Deputies Name of the Committee Commission des Affaires intérieures, de la Grande Région et de la Police Members 14* Staff 1 Activities overseen 5. Sécurité publique intérieure. Police Grand-Ducale: organisation, administration, instruction et discipline – Inspection générale de la Police – Relations avec les instances policières internationales – Coopération policière internationale et européenne – Ordres militaires.
33 Meeting in public or in camera in camera, may ask Speaker's Conference to have the meeting held in public Output reports, resolutions, major pieces of legislation Additional Comments Président CSV : Kaes Ali Vice-Présidents LSAP : Klein Jean-Pierre DP : Etgen Fernand Membres: CSV : Eicher Emile (pour les volets Affaires intérieures et Grande Région), Roth Gilles, Schaaf Jean-Paul, Weber Robert (pour le volet Police), Weydert Raymond LSAP : Dall'Agnol Claudia (pour le volet Police), Haagen Claude (pour les volets Affaires intérieures et Grande Région), Scheuer Ben DP : Bettel Xavier déi gréng (Greens): Gira Camille ADR : Gibéryen Gast
Country Malta - House of Representatives Name of the Committee Public Commission Against Corruption2 Members Composed of a Chairman and two members who are appointed by the President of Malta, acting in accordance with the advice of the Prime Minister, given after consultation with the Leader of the Opposition. (Article 3(1)).
The Chairman
In terms of the Act, the Chairman of the Commission must be a person who holds, or has held, the post of a judge or that of a magistrate or is an advocate. Provided that in the last two instances, the person must have practised as an advocate for a specified minimum number of years. (Article 3(2)).
The Members
2 Although not a parliamentary body the Public Commission against Corruption (PCAC) was set up following the enactment by Parliament of the Permanent Commission against Corruption Act in 1988.
34 Persons who are, or were, Ministers, Parliamentary Secretaries or Members of the House of Representatives are not eligible for appointment as members. The same applies for persons who are or were, members of a local government authority or are serving public officers, other than a public officer who is qualified to be appointed as Chairman according to the preceding paragraph. (Article 3(3))3 Staff Appointment of Experts
The Prime Minister may, at the request of the Commission, appoint a person to assist it in its investigations in a consultative capacity. (Article 12).4 Activities overseen/executed The functions of the Commission are:
1. To consider alleged or suspected corrupt practices and to investigate such allegations or suspicions when it determines that there are sufficient grounds for an in-depth investigation.
2. To investigate the conduct of any public officer, including Ministers or Parliamentary Secretaries, which in the opinion of the Commission may be corrupt or may be connected with or may be conducive to corrupt practices.
3. To investigate the conduct of any person who is or had been entrusted with functions relating to the administration of a partnership or other body in which the Government, local government, statutory body etc has a controlling interest or effective control, where the Commission is of the opinion that such conduct could be corrupt or connected with or conducive to corrupt practices.
4. To investigate the practices and procedures of government departments, local government authorities, statutory bodies or other bodies in which the government has a controlling interest or effective control in order to facilitate the discovery of corrupt practices and to recommend the revision of work practices or methods that could be conducive to corrupt practices.
3 https://mjdfcms.gov.mt/en/MJDF/Justice/Pages/Permanent-Commission-Against-Corruption-.aspx 4 https://mjdfcms.gov.mt/en/MJDF/Justice/Pages/Permanent-Commission-Against-Corruption-.aspx
35 5. To instruct, advise and assist Ministers or other persons who are entrusted with the administration of government departments and other bodies where the government has a controlling interest or effective control (as in the previous instances), on ways in which corrupt practices could be eliminated.
In the case of paragraphs 1 - 4 above, Reports of the Commission's findings are submitted to the Minister responsible for the Justice Department. (Article 11(a)).5 Powers Investigations can be conducted in respect of matters: (Article 17).
1) that had been carried out 12 years before the coming into force of the provisions of the Act (provided that such investigations were initiated before the lapse of 5 years from the coming into force of the Act); or
2) that were carried out not more than five years earlier.
The Commission has the power to summon witnesses, request files or other documentary evidence as well as to seek Police assistance when it deems fit. (Article 8).
Witnesses are heard on oath and may refuse to answer questions that could incriminate them. They also have the right to be assisted by a legal adviser. (Article 9 (1), (4) and (5)).
The Attorney General can grant exemption from criminal proceedings to witnesses for reasons specified in the Act. (Article 19). If, during the course of an investigation, the Commission discovers an act or omission that could be connected with the act of corruption iself, then it could investigate also such act or omission. (Article 7).6 Meeting in public or in camera Proceedings before the Commission are held in private and the information obtained by the Members of the Commission, any person appointed in a consultative manner or its staff cannot be disclosed except for the purpose of the investigation itself and/or any report relating to the investigation. The members of the Commission and its officers cannot be called to give evidence in proceedings of matters coming to their knowledge in the
5 https://mjdfcms.gov.mt/en/MJDF/Justice/Pages/Permanent-Commission-Against-Corruption-.aspx 6 https://mjdfcms.gov.mt/en/MJDF/Justice/Pages/Permanent-Commission-Against-Corruption-.aspx
36 course of an investigation under the Act. (Article 15(1)).
Result/outcome achieved or Furthermore no action shall lie at law in connection with the making of any report or request made by the foreseen Commission or Attorney General in accordance with the provisions of this Act, and any publication of such report, or with the giving in good faith of any information to the Commission for the purpose of the Act. (Article 18).7
Country Netherlands - House of Representatives Name of the Committee Security and Justice Members Chair: T.M. Jadnanansing (Tanja) Deputy chair: T.M.C. Elias (Ton) Click on this link for the complete list of the Members. Staff Clerk: Dennis Nava Membership permanent Activities overseen The committee holds regular exchange of views with the Minister of Security and Justice on the policy areas for which he is responsible, including the fight against organised crime, corruption and/or money laundering. Powers hearings and investigations, political dialogue and oral questions Meeting in public or in camera in camera
7 https://mjdfcms.gov.mt/en/MJDF/Justice/Pages/Permanent-Commission-Against-Corruption-.aspx
37 Country Netherlands - Senate Name of the Committee Immigration and Asylum/ JHA Council & Committee Security and Justice Members Immigration and Asylum/ JHA Council: Chair: Meurs (Pauline) Deputy chair: de Graaf (Marcel) Click on this link for the complete list of the Members.
Committee Security and Justice: Chair: Broekers-Knol (Ankie) Deputy chair: Van Bijsterveld (Sophie) Click on this link for the complete list of the Members. Staff Clerk: van Dooren (Kim) Membership permanent Activities overseen The Committee Immigration and Asylum/ JHA Council responsible for examining proposals which are discussed in the JHA council. Furthermore, both committees are responsible for legislative proposals in one of these areas: Immigration, Integration and Asylum and Security and Justice Powers hearings and investigations, political dialogue and oral questions Meeting in public or in camera in public Output
Country Poland - Senate Name of the Committee The Committee on Human Rights, Rule of Law and Petitions
The Budget and Public Finances Committee
38 Members The current members of the Committee on Human Rights, Rule of Law and Petitions are: Ryszard Knosala, Kazimierz Kutz, Robert Mamątow, Bohdan Paszkowski, Józef Pinior, Aleksander Pociej, Jan Rulewski, Michał Seweryński and Aleksander Świeykowski
The current members of the Budget and Public Finances Committee are: Janusz Sepioł, Grzegorz Bierecki, Henryk Cioch, Leszek Czarnobaj, Beata Gosiewska, Piotr Gruszczyński, Kazimierz Kleina, Tadeusz Kopeć, Marek Martynowski and Witold Sitarz. Staff The staff members of the Committee on Human Rights, Rule of Law and Petitions: Joanna Granowska and Elżbieta Owczarek
The staff members of the Budget and Public Finances Committee: Ewa Rusek Activities overseen Among other things, both Committees examine, within their remits, legislative proposals touching upon aspects of organised crime, corruption or money laundering. Powers The Committees have the general power to summon government representatives to appear before them and ask them to comment and provide further explanations regarding proposed legislation. Meeting in public or in camera As a rule committee meetings are held in public. Output In May 2009 both committees dealt with the Act on Counteracting the Introduction to the Financial Circulation of Financial Assets Originating from Illegal or Undisclosed Sources and Counteracting Financing Terrorism.
In May 2010 the Committee on Budget and Public Finances held a meeting dedicated to the activity of the General Inspector of the Financial Information (within the Ministry of Finance) in the context of functioning of the Anti-Money Laundering Act.
One of the tasks of the Committee on Human Rights, Rule of Law and Petitions is to examine each year the budget of the security forces. On this occasion the Committee tackles the issue of financial resources for conducting operations against organised crime.
Country Portugal - Assembly of the Republic Name of the Committee Committee on Constitutional Affairs, Rights, Freedoms and Guarantees
Members 23 + 23
39 Staff 5 Activities overseen Please find a global answer below Powers Please find a global answer below Meeting in public or in camera Please find a global answer below Output Please find a global answer below Additional Comments In the previous Legislature, there was an Ad Hoc Committee on the political monitoring of the phenomenon of corruption and for the integrated analysis of solutions designed to fight it. At the end of its work, the Committee voted on a report, after doing 29 hearings (experts and judiciary and criminal investigators), considering the issues related to the fight against corruption and proposing amendments which were subsequently voted. In the present Legislature, there is no standing committee in the Assembleia da República exclusively dealing with the anti-corruption issues. The Parliamentary Committee on Constitutional Affairs, Rights, Freedoms and Guarantees has legislative powers (the power to vote on the details of a bill) and policy monitoring, oversight and control powers in constitutional matters, fundamental rights, justice and prison matters, internal administration, immigration, asylum, refugees and human rights. In this framework, the Committee is also responsible for the anti-corruption issues. For that purpose, the Committee created a working group to monitor the enforcement of the political and legislative measures to fight corruption (as a sequence to the above mentioned Ad-Hoc Committee). The working group works within the framework of the Committee, and therefore its powers are limited – it may promote hearings on the matter (experts, institutions, organizations, judiciary and criminal investigators) but will have to address the Committee with any proposals, for only the Committee holds legislative powers (the power to vote on the details of a bill) and the power to consider petitions on the subject. The meetings are held in the Parliament. The working group is assisted by the Committee’s staff (3 legal advisers and 2 assistants).
Country Romania – Chamber of Deputies Name of the Committee Committee for the Investigation of Abuses, Corruption and for Petitions Members 14 deputies Staff The committee’s secretariat consists of 7 parliamentary civil servants, i.e. 4 parliamentary counsellors, 1 secretary and 2 clerks.
40 Membership Members of the Chamber of Deputies. The composition of the committee reflects the original political configuration of the Chamber of Deputies. The proposals for membership of the committee are made by the Parliamentary Groups, within the number of the seats approved by the plenum of the Chamber of Deputies, under the Standing Orders. Activities overseen The committee exercises parliamentary scrutiny of the activities of Government and public authorities, according to issues raised in the petitions received. The committee may start an inquiry of the abuses (of public authorities) notified, where the Chamber of Deputies decides so as a result of a request put before the plenum of the Chamber of Deputies, under the Standing Orders. Hearing of public authorities.
Powers According to Article 59 (14) of the Chamber of Deputies’ Standing Orders the committee’s main scope resides in examining petitions received and research of the abuses of public authorities reported in such petitions. Meeting in public or in camera As a general rule set out in the Standing Orders of the Chamber of Deputies the meetings of the committee are in public, unless otherwise ruled in the plenum of the committee. Output The committee presents to the Standing Bureau, every six months, and to the Chamber, at the beginning of each session, a report on the petitions received and on their solutions. The report includes the solutions found by the public authorities to the petitions referred to them for solving by the committee.
Country Romania - Chamber of Deputies Name of the Committee Group against trafficking in persons (informal structure established within the European Affairs Committee of the Chamber of Deputies, and latter opened to all members of both Chambers in the Romanian Parliament); established in April 2009 as an initiative of the current Speaker of the Chamber of Deputies and coordinated by him. Members 6 MPs at present; 11 old members were not re-elected in December 2012 parliamentary elections; the Group is re- organising in the new legislature 2012-2016 and the number of members may soon increase. Staff 2 (part-time) Membership Opened to all MPs, based on personal option
41 Activities overseen Trafficking in Persons
The Group is less intended as a tool of control, or oversight but rather as interface with all other national stakeholders, trying to bring them around the table, to help them find and resolve flaws in norms and the institutional system, to improve the decision making and the communication between partners.
The main objective is working in partnership with governmental bodies and civil society organisations to form a regular debate forum and reach sustainable public policies, monitor the relationship between the efficiency of anti-trafficking laws, policies and actions and increase the capacity to solve the specific problems.
Thoroughly looks into the organisation of the national system on fighting the THB, checks the legal and institutional framework for deficiencies, inconsistencies or overlaps, hindering the capacity of national institutions (managed to better place in the national administrative structure, the National Agency against Trafficking in Persons, which was formerly subordinated to the General Inspectorate of the Romanian Police, and was brought under the authority the Home Affairs Ministry).
Evaluates, discusses and monitors the Anti-trafficking Strategy, the National Action Plans, other National programming documents.
Analyses EU proposals on THB and promotes debate on EU proposals in as many as possible sectors of society. Creates links and communication channels with either Romanian and International institutions. Powers Parliamentary powers provided by the Constitution Meeting in public or in camera Meetings in public
42 Output The Group organised a scrutiny within the European Affairs Committee of the Romanian Parliament, on the Proposal of a Directive on preventing and combating trafficking in human beings, and protecting victims, repealing Framework Decision 2002/629/JHA and issued an Opinion; transposition of the resulting Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims, is being monitored by the Group.
The Group participated to a scrutiny within the European Affairs Committee of the Chamber of Deputies on the Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions- Strengthening victims' rights in the EU – COM (2011) 274 and the Proposal for a Directive of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime– COM (2011) 275 and issued an Opinion. The Group participated to a scrutiny within the European Affairs Committee of the Chamber of Deputies on the Commission Communication: The EU Strategy towards the Eradication of Trafficking in Human Beings – COM (2012) 286 and issued an Opinion. The Group is presently preparing a general Report, to be discussed in the European Affairs Committee of the Chamber of Deputies and submitted to the Chamber.
Country Romania – Chamber of Deputies Name of the Committee The Committee for defence, public order and national security Members 23 MPs Staff 5: 1 head of office, 3 senior advisors and 1 junior advisor Membership The Committee respects the political configuration of the Chamber, all the political parties elected at the general elections in 2012 being represented.
43 Activities overseen The Committee is regularly informed by the security structures about several aspects of their activity such as: completion of the objectives designated by the Governance Program, compliance with their legal prerogatives, budgetary execution, process of legislative adjustment, public acquisitions, human resources management, patrimony management, cooperation or interoperability with similar structures. Powers According to Regulations of the Chamber of Deputies, the Committee has two basic functions: drafting legislation and overseeing the security sector. Meeting in public or in camera Both are allowed. Normally the meetings of the committee are public. There are situations when, depending on the topics and the level of classification of the information, the bureau of the Committee can decide to meet in closed session. Output Our constant objective is to adjust the national legislation in the field of defence, public order and national security to the European trends, democratic standards, social and economical realities and to the commitment Romania has internationally. As a result, approximately 100 legislative initiatives are debated over a year. Our oversight activity consist in hearings of the ministerial representatives and field visits to the ministries` headquarters or country units to debate general policies and budgetary assignments. The Committee had thematic meetings with representatives of fundamental security structures to thoroughly discuss the human resources policy, endowment, management and foreign relations. Also we organized hearings of the ministries, state secretaries and heads of institutions in order to analyze and obtain clarifying information about aspects revealed in parliamentary debates or by the media. The Committee may set up, if necessary, an inquiry committee within its area of competence.
Country Romania – Chamber of Deputies Name of the Committee Committee for Legal Matters, Discipline, and Immunities Members 27 deputies Staff 11 (parliamentary advisers and experts) Membership Members of the Chamber of Deputies. The composition of the committee reflects the original political configuration of the Chamber of Deputies. The proposals for membership of the committee are made by the Parliamentary Groups, within the number of the seats approved by the plenum of the Chamber of Deputies, under the Standing Orders.
44 Activities overseen The activities overseen by the Committee are related with the legislative procedure, adoption of legislative proposals (laws, decisions of the Chamber of Deputies, legislative proposals for adopting Government Ordinances, opinions on the incompatibilities or conflicts of interest, endorsement of the activity reports of the institutions that submit their activity reports to the Parliament, draw up opinions requested by the Standing Bureau of the Chamber of Deputies, draw up reasoned opinions of the Parliament of Romania regarding the legislative proposals of the EU referred to it by the Standing Bureau of the Chamber of Deputies) Powers The constitutionality of draft laws and of legislative proposals; regulations in the field of civil, penal, contraventional law, civil, penal, administrative procedure, judicial organization; other regulations with prevailing juridical character; matters of parliamentary discipline, incompatibilities and immunities. (art. 59, alinea 11 of the Regulations of the Chamber of Deputies ) Meeting in public or in camera The meetings of the Chamber of Deputies Committees shall be open, unless otherwise ruled in their plenum. The meetings of the Committees of the Chamber of Deputies may be broadcast on the internal TV network of the Chamber of Deputies and on the radio and television stations. Output To amend and supplement the legislation covering the fight against organised crime, corruption and/or money laundering (Criminal Code, Criminal Procedure Code of Romania, Law no. 656/2002 on preventing and sanctioning of money laundering)
Country Slovak Republic - National Council Name of the Committee Committee of the National Council of the Slovak Republic on Defense and Security Members 13 Staff 2 (1 Secretary of the Committee plus 1 Assistant) Membership The primary principle for distributing the Committee seats among MPs is the principle of proportional representation of the political parties in the National Council. I.e. the Committee seats are distributed equally as the seats in the National Council. The proportion of the seats assigned for each political party in the National Council is analogically reflected in the Committee. In the case of the Committee on Defense and Security the principle of proportional representation is not explicitly prescribed by law; it is informal rule and the tradition. Therefore if MP leaves the parliamentary group and becomes an independent MP, he or she has the right to remain the member of this Committee.
45 Activities overseen The Committee on Defense and Security, in particular: requests from the Ministry of Defense, the Ministry of Interior, the State Material Reserves of the Slovak Republic the elaboration of the Proclamation of Government Policies into concrete tasks with exact deadline and ensures continuous monitoring of fulfillment of inducted tasks; supervises the observance of legalness of the actions of the Ministry of Defense, the Ministry of Interior, the Armed Forces of the Slovak Republic, the Police Force of the Slovak Republic and the State Material Reserves of the Slovak Republic. The Committee debates on proposals, initiatives and complaints of citizens and organizations towards the actions of inducted institutions that have been submitted to the National Council. If the Committee identifies within above adduced actions any breach of a law or that an implementing regulation violates the law, it is entitled to require from the Minister of Defense and the Minister of the Interior the immediate remedial action. If no remedial action is taken, the Committee shall report it to the National Council; supervises the implementation of laws; the Committee monitors whether the regulations issued to implement laws in the fields of defense, Armed Forces, protection of public order and security of citizens, civil defense, state material reserves are in compliance with the law and correspond to intended aims; conducts parliamentary inquiry in the field of action of the Ministry of Defense, the Ministry of Interior and the State Material Reserves of the Slovak Republic as well as in the organizations that are subordinated to these institutions; By means of Section 9 paragraph 1 of Act no. 166/2003 Coll. on protection of privacy against unauthorized use of information and technical resources (law on protection against wiretapping) as amended fulfills tasks and performs supervisory activities resulting from inducted Act;
46 Powers The Committee on Defense and Security shall, in particular: submit to the National Council bills and recommendations and debate bills in matters of defense, security, creation and operation of the Armed Forces, public order and security of citizens, civil defense, state material reserves, and Fire and Rescue Service; debate on international treaties concerning the cooperation in the area of defense, Armed Forces, public order and security and civil defense as well as prepare opinions and resolutions to these treaties. consider, within the scope of its activities, the principal matters of economic and social development in the Slovak Republic, particularly the fulfillment of the Proclamation of Government Policies, the national budget proposal and its implementation and the final national revenue balance; for this purpose it shall cooperate with the Members of the Government and the heads of other state bodies, public corporations and other bodies established by law; have the right to invite to its meetings Members of the Government, heads of other state administration bodies, and to demand their explanations, reports or necessary documents. When invited, they shall attend the Committee meeting and submit their clarifications, reports and documents as required. With the consent of the Committee they may be substituted by duly commissioned representatives; cooperate with the authorities of public administration and use their initiatives and suggestions by the performance of the Committee’s activity. For the purpose of obtaining information the Committee may invite representatives of public administration bodies to Committee meetings for consideration of matters under discussion, particularly of bills; it may also carry out parliamentary surveys and hold Committee meetings outside the National Council; debate on proposals of concept of action and organization of Armed Forces, Police Force, Fire and Rescue Service. The Committee shall supervise the implementation of inducted concepts; it participates on their elaboration and implementation. debate on fundamental issues concerning the state and development of the Armed Forces, national security, the security situation, crime, state civil protection preparedness, state material reserves and Fire and Rescue Service as well as any other reports that it has requested. (Committees may request reports to be submitted by the Members of the Government, heads of other central bodies of state administration and senior government officials who shall be obliged to meet the request of those Committees within thirty days.); debate on initiatives of the Ministry of Defense and the Ministry of Interior and other authorities of public
47 administration to increase the effectiveness of the protection of national security, safety and protection of individuals, property and public order.
Committee on Defense and Security as well as the other Committees of the National Council may also invite to its meetings various specialists and other persons and request their opinions. It may request experts, institutes of science or other authorities to prepare expert analyses and opinions, which may be necessary for debates in the Committee. The Committee may request the expert(s) in charge of such reports to present an oral explanation at the meeting of the Committee.
Meeting in public or in camera Meetings are conducted predominantly in public. However the general rule is applied stipulating that closed sessions or parts of the session of the National Council shall be held during debates involving state, official or commercial secrets, or when it is specifically so provided by law. Closed sessions or parts of the session may be held due to other reasons when three fifths of all Members so resolve. Output resolutions (in particular towards draft bills, international treaties, Government's action, reports requested from the Government Members etc.); reports (in particular the report on protection against wiretapping); drafts bills, amendments to draft bills etc.
Country Slovenia - National Assembly Name of the Committee Committee on Justice, Public Administration and Local Self-Government Members 19 Staff 1 Membership Party group8 of PS 6 seats; SDS 5 seats; SD 2 seats; CL 2 seats; DeSUS 1 seat; SLS 1 seat; NSi 1 seat; group of the Italian and Hungarian minorities 1 seat.
8 Division of parties [coalition/opposition] on 25 January 2013:
48 The chairmanship belongs to the SDS. Vice chairmanships belong to the CL and PS. Activities overseen Discusses proposed laws, other acts and issues relating to: Powers - Public administration and the civil service; - Systemic regulation of the organization and functioning of the public sector, - The wage system in the public sector, - E-commerce, - Access to public information, - NGOs - System management utilities - Systemically regulate the management of real property law, - The organization and status of courts, state attorney general and the Constitutional Court, - Control over the operations of attorneys and other types of statutory judicial supervision, judicial supervision unless the State Prosecutor, - Civil and Penal Law, - Litigation, alternative dispute resolution and the administration of justice, except Judicial Administration Public Prosecution - Defense attorneys, notaries, - Prison - Protection of personal data - MLA and international judicial cooperation in civil and criminal matters and - Other issues to be considered for these areas relevant ministry.
The Committee may consider: - Bills, acts and other issues in the field of organization, competence, functioning and funding of local communities, - Proposals to amend the Municipality or the creation of new municipalities and to change the name and seat of the municipality, - Monitor the implementation of the European Charter of Local Self-Government and legislation in the field of
Coalition parties: SDS - Slovenian Democratic Party; DeSUS - Democratic Party of Pensioners of Slovenia; SLS - Slovenian People's Party; NSi - New Slovenia; Opposition parties: PS - Positive Slovenia ; SD - Social Democrats; CL – Citizens’ List;
49 organization, competence, functioning and financing of local communities and - Other matters related to the field of local government.
The Committee discusses EU affairs pertaining to its scope of work. Meeting in public or in camera In public. Output This refers to reports, resolutions, major pieces of legislation etc.
Country Slovenia - National Assembly Name of the Committee Committee on Home Affairs Members 15 Staff 1 Membership PS 5 seats; SDS 5 seats; SD 1 seat; CL 2 seats; DeSUS 1 seat; SLS 1 seat. The chairmanship belongs to the PS. Vice chairmanships belong to the SDS and SLS. Activities overseen The Committee on the Interior discusses draft laws, other acts, and issues relating to: Powers - security and the police, - internal administrative affairs and migrations, - organisation, status and supervision of the activities of State Prosecutor's Office, - judicial administration of State Prosecutor's Office, - other related issues dealt with by the competent ministry.
The Committee discusses EU affairs pertaining to its scope of work. Meeting in public or in camera In public. Output This refers to reports, resolutions, major pieces of legislation etc. Additional Comments On the composition and establishment of the working bodies, Articles 32 and 33 of the Rules of Procedure9 of the National Assembly state:
9 The entire text of the Rules of Procedure can be found at: http://www.dz-rs.si/wps/portal/en/Home/ODrzavnemZboru/PristojnostiInFunkcije/RulesoftheProcedureText
50 Art. 32 (1) Working bodies are established in the National Assembly to monitor the state of affairs in individual areas, to prepare policy decisions in such areas, to formulate positions on particular issues, and to discuss draft laws and other acts of the National Assembly. (2) On the basis of the law, the National Assembly may also establish other working bodies. The provisions of these Rules of Procedure on the composition, appointment, and tasks of working bodies apply mutatis mutandis also for the working bodies referred to in this paragraph, unless otherwise provided by law. Art. 33 (1) The National Assembly establishes working bodies and determines their tasks on the proposal of the Council (of the President of the National Assembly) (2) Working bodies are composed of a chairman, as a general rule one deputy chairman, and the members. Their total number must be odd. The offices of chairman and deputy chairman of a given working body are, as a general rule, held by deputies of different deputy groups. If the chairman of a working body belongs to one of the deputy groups of the governing coalition, the office of deputy chairman will as a general rule be held by a member of an opposition deputy group, and vice versa. (3) The leading positions and the majority of the seats on the Commission for Public Finance Control and on the Commission for Supervision of the Intelligence and Security Services are held by deputies of opposition deputy groups. (4) In determining the number of members of an individual deputy group in each working body, the Council takes into account the size (number of members) of an individual deputy group; in allocating the seats in individual working bodies, it takes into account the ratio between the deputies of the governing coalition and the deputies of the opposition. As a general rule, each deputy group is guaranteed at least one seat in every working body.
Country Sweden Name of the Committee Committee on Justice (JuU) (N.B. Please mention all committees if different committees deal separately with a) organised crime, b) corruption, c)money laundering) Members 17
51 Staff 7 Membership Proportional representation Activities overseen See answers below. Annual written communication from the Government on the use by crime-fighting agencies of secret surveillance to collect information in investigations. The Government also gives an annual written communication on the application of the Act Concerning Special Controls in Respect of Aliens. Powers Meetings, hearings, suggesting legislation (committee initiative)
Meeting in public or in camera In camera (closed sessions)
Output The Committee adopts committee reports (on Government bills, written communications etc.) in this area, inter alia reports on bills on the implementation of the Council Framework Decision on the fight against organised crime and on the implementation of the (third) Directive on Money Laundering, report on the bill on a reformed legislation on bribery and a report on the communication on a national counter-terrorism strategy.
Country United Kingdom - House of Commons Name of the Committee Home Affairs Committee Members 11 Staff http://www.parliament.uk/business/committees/committees-a-z/commons-select/home-affairs-committee/contact- us/ Membership http://www.parliament.uk/business/committees/committees-a-z/commons-select/home-affairs- committee/membership/ Activities overseen The House of Commons appoints the Committee with the task of examining the expenditure, administration, and policy of the Home Office and its associated public bodies.
The Committee chooses its own subjects of inquiry and seeks written and oral evidence from a wide range of relevant groups and individuals. At the end of an inquiry the Committee will usually produce a report setting out its findings and making recommendations to the Government. The Government must respond to each of the report’s recommendations within two months of publication.
52 Powers See Standing Order 152: http://www.publications.parliament.uk/pa/cm/cmstords.htm
Notably:
(4) Select committees appointed under this order shall have power— (a) to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report from time to time; (b) to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the committee’s order of reference; and (c) to report from time to time the evidence taken before sub-committees, and the formal minutes of sub-committees; Meeting in public or in camera Both Output Reports, oral and written evidence. See: http://www.parliament.uk/business/committees/committees-a- z/commons-select/home-affairs-committee/Publications/
Country United Kingdom - House of Commons Name of the Committee Justice Committee Members 11 Staff http://www.parliament.uk/business/committees/committees-a-z/commons-select/justice-committee/contact-us/ Membership http://www.parliament.uk/business/committees/committees-a-z/commons-select/justice-committee/membership/
53 Activities overseen The Justice Committee was appointed by the House of Commons to examine the expenditure, administration and policy of the Ministry of Justice and associated public bodies, (to include the work of staff provided for the administrative work of courts and tribunals, but excluding consideration of individual cases and appointments, and excluding the work of the Scotland and Wales Offices and of the Advocate General for Scotland); and administration and expenditure of the Attorney General’s Office, the Treasury Solicitor’s Department, the Crown Prosecution Service and the Serious Fraud Office (but excluding individual cases and appointments and advice given within government by Law Officers).
The Committee chooses its own subjects of inquiry. Depending on the subject, external deadlines, and the amount of oral evidence the Committee decides to take, an inquiry may last for several months and give rise to a report to the House; other inquiries may simply consist of a single day’s oral evidence which the Committee may publish without making a report.
When the Committee has chosen an inquiry it normally issues a press notice outlining the main themes of inquiry and inviting interested parties to submit written evidence. It may also identify possible witnesses and issue specific invitations to them to submit written evidence. Powers See Standing Order 152: http://www.publications.parliament.uk/pa/cm/cmstords.htm
Notably:
(4) Select committees appointed under this order shall have power— (a) to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report from time to time; (b) to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the committee’s
54 order of reference; and (c) to report from time to time the evidence taken before sub-committees, and the formal minutes of sub-committees; Meeting in public or in camera Both Output Reports, oral and written evidence. See: http://www.parliament.uk/business/committees/committees-a- z/commons-select/justice-committee/publications/
Country United Kingdom - House of Lords Name of the Committee EU Home Affairs, Health and Education Sub-Committee Members Lord Hannay of Chiswick (Chairman) - Crossbench Lord Avebury - Liberal Democrat (ALDE) Lord Blencathra - Conservative (ECR) Viscount Bridgeman - Conservative (ECR) Lord Judd - Labour (S&D) Lord Lingfield - Conservative (ECR) Lord Mackenzie of Framwellgate - Labour (S&D) Baroness Prashar - Crossbench Lord Richard - Labour (S&D) Lord Sharkey - Liberal Democrat (ALDE) The Earl of Stair - Crossbench Lord Tomlinson - Labour (S&D) Staff Michael Torrance (Head of Secretariat) Membership As above - Members are appointed to the Sub-Committee by our overall EU Select Committee Activities overseen The EU Home Affairs, Health and Education Sub-Committee (Sub-Committee F) is one of the six sub-committees of the House of Lords European Union Select Committee.
The primary purpose of the Select Committee and its Sub-Committees is to scrutinise EU law in draft before it is
55 agreed in the EU, to expose difficulties and propose improvements. This is carried out by each Sub-Committee through Correspondence with Ministers, evidence sessions with Ministers or officials and inquiries.
Sub-Committee F scrutinises EU policy and documents in the following areas:
Immigration and asylum Border controls (including the Schengen system and Frontex) Internal security Police cooperation (including Europol) Combating organised crime and trafficking Civil protection Education Health Sport Powers The main "power" is through the scrutiny reserve by which UK Ministers should not agree to EU proposals in Council without the EU Committee's prior consent. The Select Committee is also able to call for witnesses and evidence. All reports are published by the authority of the full Select Committee. Meeting in public or in camera Both. Meetings to take evidence in inquiries are in public. Deliberative meetings are in camera. Output The publication of evidence based reports and scrutiny correspondence - all available on the Committee's website:
http://www.parliament.uk/business/committees/committees-a-z/lords-select/eu-home-affairs-sub-committee-f-/
Country United Kingdom - House of Lords and Commons Name of the Committee Joint Committee on the National Security Strategy Members Margaret Beckett MP (Chair) - Labour (S&D) Mr James Arbuthnot MP - Conservative (ECR) Mr Adrian Bailey MP - Labour/Co-operative (S&D)
56 Sir Alan Beith MP - Liberal Democrat (ALDE) Sir Malcolm Bruce MP - Liberal Democrat (ALDE) Lord Fellowes - Crossbench Lord Foulkes of Cumnock - Labour/Co-operative (S&D) Fabian Hamilton MP - Labour (S&D) Lord Harris of Haringey - Labour (S&D) Lord Lee of Trafford - Liberal Democrat (ALDE) Baroness Manningham-Buller - Crossbench Paul Murphy MP - Labour (S&D) Baroness Neville-Jones - Conservative (ECR) Richard Ottaway MP - Conservative (ECR) Mark Pritchard MP - Conservative (ECR) Baroness Ramsay of Cartvale - Labour (S&D) Sir Malcolm Rifkind MP - Conservative (ECR) Lord Sterling of Plaistow - Conservative (ECR) Baroness Taylor of Bolton - Labour (S&D) Keith Vaz MP - Labour (S&D) Lord Waldegrave of North Hill - Conservative (ECR) Tim Yeo MP - Conservative(ECR) Staff Christopher Clarke (Lords head of secretariat) Membership As above - each House appoints its own members. The members from the House of Commons include the chairs of the relevant Commons departmental select committees (Home Affairs, Defence, etc). Activities overseen The Committee oversees the UK Government's National Security Strategy Powers The Committee is able to call for witnesses and evidence and to publish reports. Meeting in public or in camera Both. Meetings to take evidence in inquiries are in public. Deliberative meetings are in camera. Output The Committee has so far published two reports The First review of the National Security Strategy 2010, and a short report Planning for the next National Security Strategy: comments on the Government response to the Committee's First Report of Session 2010-12, accompanying the Government response to the first report.
57 58 SPECIAL COMMITTE ON ORGANISED CRIME, CORRUPTION AND MONEY LAUNDERING
Role and experiences of National Parliaments in the fight against organised crime, corruption and money laundering
Table 2
Overview of special (including temporary or inquiry) parliamentary committees dealing with organised crime, corruption and/or money laundering
59 Country Austria - Nationalrat Name of the Committee Inquiry Committee on Accusations regarding Corruption 2011/2012 Members 16 Staff See above Membership Elected by the Nationalrat Activities Accusations regarding corruption in (partly-)state-owned companies, in the context of privatisation of state-owned overseen/executed companies and with regard to media-relations and PR of government-members Powers Hearings and investigations sub-poena Meeting in public or in In general, hearings are held in public camera Result/outcome achieved or There has only been an oral report in a plenary sitting of the Nationalrat (see http://www.parlament.gv.at/PAKT/VHG/ foreseen XXIV/NRSITZ/NRSITZ_00175/index.shtml); but the Green Party presented an “alternative report” (see http://www.parlament.gv.at/PAKT/VHG/XXIV/UEA/UEA_00889/index.shtml); A number of issues discussed in this committee formed the basis for legal reforms in Austria in 2012 (see above)
Country Belgium - Senate Name of the Committee 1) Commission parlementaire chargée d’enquêter sur la criminalité organisée en Belgique (1996 – 1998) 2) Commission du suivi en matière de criminalité organisée (1999 – 2003) Members 1) 11 membres effectifs et 11 membres suppléants désignés suivant la règle de la représentation proportionnelle des groupes politiques 2) 9 membres (1 par groupe politique représenté au Bureau du Sénat) Staff 1) Secrétariat administratif de 3 personnes (2 juristes et 1 secrétaire) et équipe scientifique de 7 universitaires 2) Secrétariat administratif de 3 personnes (2 juristes et 1 secrétaire) et 1 collaborateur scientifique universitaire Activities 1) Auditions et discussions ; formulation de recommandations, notamment la création d’une commission de suivi overseen/executed 2) Auditions sur des thèmes généraux et examen de 2 thèmes spécifiques Powers 1) mêmes pouvoirs que ceux d’un juge d’instruction 2) mêmes pouvoirs que ceux d’une commission ordinaire (pas de pouvoir coercitif)
60 Meeting in public or in 1) Principe : réunions publiques; pour certaines auditions et pour les débats : huis clos camera 2) Certaines réunions publiques, d’autres à huis clos Result/outcome achieved 1) Voir essentiellement doc Sénat n° 1-326/9 (rapport final) or foreseen 2) Voir essentiellement doc. Sénat n° 2-425/2 (rapport final).
Country Estonia - The Riigikogu Name of the Committee SELECT COMMITTEE ON THE APPLICATION OF ANTI-CORRUPTION ACT Members Chairman: Mr. Andres Anvelt - [email protected] Vice-Chairman: Mr. Erki Nool - [email protected] Members: Rein Aidma Kalev Kotkas Lauri Laasi Peeter Laurson Meelis Mälberg Aivar Riisalu Staff The secretariat of Select Committee on the Application of Anti-corruption Act consists of 3 civil servants: Mrs. Erika Luks (Head of the Secretariat of the Committee) - [email protected] Kaie Masing (Consultant) Zoja Masso (Adviser) Membership Select committee is formed by a resolution of the Riigikogu which sets out the composition, including an alternate member to substitute for each committee member, and functions and procedure for reporting on the activities of the committee. Factions appoint their members to serve on a select committee. Members of the Select Committee on the Application of Anti-corruption Act elect the chairman and deputy chairman of the committee from among themselves at the first sitting of the committee. The chairman and deputy chairman of a committee are elected at the same time. At the moment, there are 4 MPs from coalition and 4 MPs from opposition in the Select Committee on the Application of Anti-corruption Act. Chairman of the committee represents coalition and deputy-chairman represents opposition.
61 Activities Regular sittings of select committees are held during regular sessions. overseen/executed Powers The Select Committee on the Application of the Anti-corruption Act has been formed to perform tasks arising from the Anti-corruption Act and to contribute to uniform application of the measures preventing corruption.
The Committee keeps the economic interest declarations of the following officials: members of the Riigikogu, President of the Republic, members of the Government of the Republic, Chief Justice and members of the Supreme Court, Chairman and members of the Supervisory Board of the Eesti Pank, Commander (Commander-in-Chief) of the Defence Forces, Auditor General and Chief Auditors of the State Audit Office, Chancellor of Justice, ambassadors, Chief Public Prosecutor, leading public prosecutors and leading prosecutors, chairmen of circuit, administrative and county courts, County Governors, State Secretary, assistant ministers, President of the Estonian Academy of Sciences and Rectors of public law universities, as well as members of board of legal persons in public law.
The Select Committee verifies the information presented in the economic interest declarations, and ensures the required keeping and disclosure of declarations. At the same time, it is responsible for supervising compliance with restrictions on functions and activities of members of the Riigikogu. The officials and committees acting as keepers of declarations must report to the Select Committee of the Riigikogu on performance of their obligations deriving from the Anti-corruption Act. The Committee informs the Riigikogu as well as the general public on the results of the implementation of the Anti-corruption Act. The Select Committee is the verifier of suspected corruption. Any person harbouring suspicions of corruption or holding information showing that an official has submitted a dishonest and inaccurate declaration of their financial situation and economic interests may contest the declaration or apply for verification of their suspicions. They must contact the keeper of the economic interest declaration of the specific official or the Select Committee of the Riigikogu directly. They can also apply for verification of compliance with restrictions on functions, activities and transactions of the official. The relevant facts and results of verification are published in the media. If the Committee detects signs of corruption and crimes or misdemeanours, it forwards the relevant materials to an investigative body or a body conducting extra-judicial proceedings of misdemeanours. The responsibilities of the Committee include collecting and publishing reports on the financing of election campaigns
62 provided in § 124 of the Political Parties Act, subsection 6(1) of the European Parliament Election Act, subsections 59(1) and 65(1) of the Local Government Councils Election Act; The Committee may make proposals to amend legal acts. Meeting in public or in Sittings of the select committees are in general closed but in case of need a committee may declare a sitting to be public. camera The public is informed about their activities via their webpage. Result/outcome achieved Since 2003, the Select Committee on the Application of Anti-corruption Act draws annual reports and overviews of or foreseen application of Anti-corruption Act. These documents are available for the public at Riigikogus’ web-page.
Country Finland - The Eduskunta Name of the Committee The Audit Committee Members 11 Staff 7 Membership Proportional Activities See Powers overseen/executed Powers Entitlement to take matters into deliberation on its own initiative. The Committee submits reports on its significant findings for deliberation at plenary sessions of the Parliament. Hearings Studies Audit visits Additional Comments The principal task of the Audit Committee is to oversee the management of government finances and compliance with the budget. In this task the Committee concentrates on the general state and management of government finances. The Audit Committee has a broader right to receive information compared with other committees but usually Committee does not take part in drafting Government bills for the plenary session. As far as it concerns organized crime, corruption or money laundering those questions are not focused specialized and detailed way but as questions how substantial they are from the perspective of State finances.
63 The study of the shadow economy in Finland is an example of this focus. The Audit Committee decided to commission an external study about the volume and extent of the shadow economy in Finland. Committee presented over twenty reform proposals to enhance the effectiveness of countermeasures to the shadow economy. In this case, as well in others, after the report is endorsed by the Parliament, Committee will follow systematically what government has done.
Country France - Sénat Name of the Committee Commission d'enquête sur l'évasion des capitaux et des actifs hors de France et ses incidences fiscales Members Président : Philippe DOMINATI ; 21 membres Staff Chef de secrétariat : Dominique PAOLI Activities Lutte contre la fraude fiscale overseen/executed Powers Pouvoirs des commissions d’enquête : auditions, enquêtes sur pièces et sur place (y compris à l’étranger) Meeting in public or in Auditions publiques et ouvertes à la presse camera Result/outcome achieved Rapport de M. Éric BOCQUET, fait au nom de la Commission d'enquête Evasion des capitaux n° 673 tome I (2011- or foreseen 2012) - 17 juillet 2012
Country Italy - Senate Name of the Committee Parliamentary Committee of Inquiry on mafia and on the others criminal organization, including foreign. Members 50 Staff Secretariat: 5. Full-time consultants:14 Membership 25 senators, 25 members Activities Evaluation of the implementation of the legislation on organised crime and the consistency of the action of public overseen/executed authorities. Formulation of legislative and administrative proposals. Assessment and evaluation of the changes and evolutions of national and international criminal organizations. Investigation on the relationship between mafia and politics, monitoring of the attempts to influence and to penetrate local institutions by mafia organisations and proposal of measures to prevent and combat such phenomena.
64 Assessment of the ways to protect the procurement and public works system from mafia influences, of the modalities of illegal assets accumulation, of investment and money laundering of capitals arising from the criminal organizations activities; evaluation of the negative socio-economic impact of the activities of mafia and mafia-like associations on the production system. Evaluation of the adequacy of current regulations for preventing and opposing various forms of illegal assets accumulation, of money laundering and of the use of goods, money or other assets coming from mafia and mafia-like organisations; evaluation of the adequacy of rules on assets confiscation and their social and entrepreneurial use, together with the proposal for measures to make them more effective. Evaluation of the structures responsible for the prevention and fight against criminal phenomena and their control over the territory. Powers The same powers as the judicial authorities. The Committee cannot take decisions concerning freedom and privacy of correspondence nor any other means of communication or personal freedom, without with the exeption of forced accompaniment. The Committee refers to the Parliament at the end of its work, and whenever it considers it appropriate. Meeting in public or in It normally meets in sessions open to the public, but it may also decide to meet in secret session. camera Result/outcome achieved Six report addressed to the Parliament have been approved so far. In January 2013 the final report will be presented. or foreseen
Country Latvia - The Saemia Name of the Committee Corruption Prevention Subcommittee of the Defence, Internal Affairs and Corruption Prevention Committee Members 14 Staff the same staff members as for the Standing committee Membership A subcommittee can consist of MPs who do not belong to the relevant standing committee. A subcommittee submits its proposals and decisions at the committee meeting.
65 Activities A subcommittee submits its proposals and decisions at the committee meeting. overseen/executed The main activity for this sub committee is to deal with the corruption prevention issues and to closely cooperate and exercise parliamentary scrutiny on the Corruption Prevention and Combating Bureau. Powers Subcommittee has the right, without the Presidium's mediation, to directly request information and explanations necessary for their work from Corruption Prevention and Combating Bureau, a relevant minister and the institutions subordinated to or supervised by him/her, and from local governments, as well as to summon the relevant officials to provide the required comments Meeting in public or in Committee meetings are open to the public; however, committees may take a decision to hold a closed meeting. camera Result/outcome achieved A subcommittee submits its proposals and decisions at the committee meeting. or foreseen
Country United Kingdom - House of Lords Name of the Committee EU Justice, Institutions and Consumer Protection Sub-Committee Members Lord Bowness (Chairman) - Conservative (ECR) Lord Anderson of Swansea - Labour (S&D) Baroness Corston - Labour (S&D) Lord Dykes - Liberal Democrat (ALDE) Viscount Eccles - Conservative (ECR) Lord Elystan-Morgan - Crossbench Lord Hodgson of Astley Abbotts - Conservative (ECR) Baroness O'Loan - Crossbench Lord Rowlands - Labour (S&D) Earl of Sandwich - Crossbench Lord Stoneham of Droxford - Liberal Democrat (ALDE) Lord Temple-Morris - Labour (S&D) Staff Elisa Rubio (head of secretariat)
66 Membership As above - Members are appointed to the Sub-Committee by our overall EU Select Committee Activities EU Sub-Committee E is one of the six sub-committees of the House of Lords European Union Select Committee. It overseen/executed scrutinises EU proposals on:
Civil and criminal justice Fundamental rights The EU's institutions, agencies and other bodies EU citizenship Consumer protection Intellectual property Culture policy Powers The main "power" is through the scrutiny reserve by which UK Ministers should not agree to EU proposals in Council without the EU Committee's prior consent. The Select Committee is also able to call for witnesses and evidence. All reports are published by the authority of the full Select Committee. Meeting in public or in Both. Meetings to take evidence in inquiries are in public. Deliberative meetings are in camera. camera Result/outcome achieved The publication of evidence based reports and scrutiny correspondence - all available on the Committee's website: or foreseen http://www.parliament.uk/business/committees/committees-a-z/lords-select/eu-law-and-institutions-sub-committee- e/membership/
67 The replies received show that there is no special (including temporary or inquiry) parliamentary committee dealing with organised crime, corruption and/or money laundering in:
Belgium - House of Representatives; Cyprus - House of Representatives; Czech Republic - Chamber of Deputies and Senate; Denmark - The Folketing; The Netherlands - House of Representatives and Senate; Germany - Bundestag and Bundesrat; Greece - Hellenic Parliament; Hungry - House of the Nation; Lithuania - The Saeima; Luxembourg - Chamber of Deputies; Malta - House of Representatives; Poland - Senate Portugal - Assembly of the Republic; Slovakia - National Council; Slovenia - National Assembly; United Kingdom - House of Commons
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