5. Accountability
Applying the Capacity Assessment Methodology to anti-corruption agencies
Enabling environment
Box 7: Issues affecting the independence of ACAs
Legal provisions protecting an ACA’s independence should include:
- The mandate, competencies, and powers of the ACA defined by law;
- Financial independence (see best practices for establishing the budgets of ACAs below);
- Adequate positioning of the agency within the national institutional framework with clear accountability lines, cooperation protocols and coordination mechanisms;
- Clear and transparent procedures for appointing and dismissing the head of the agency and the highest-ranking staff, including:
- Involvement of the highest authorities of the judiciary and the legislature (including the Opposition), civil society, and other relevant stakeholders in the selection process for the head of the ACA;
- A 2/3 or special majority in parliament for appointing and dismissing the head of the agency.
- Open and transparent recruitment processes for lower-ranking staff with involvement and endorsement by ACA senior staff.
Box 8: Best practices for establishing the budgets of ACAs
- The ACA should have either the ability to propose a budget directly to the parliament or a guarantee of budgetary stability. The final annual budget should be guaranteed by law or by the Constitution.
- Performance-based budgeting is recommended if it allows for the budget to be increased based on demonstrated effectiveness of the ACA in tackling corruption. It should not be used as an excuse to lower funding to the ACA.
- The ACA should be able to utilize extra funding that arises from its work, e.g. proceeds from the sale of confiscated assets.