The international agreement on the exchange of data for the verification of asset declarations and the Convention of the Council of Europe on access to official documents enter into force

 

The international agreement on the exchange of data for the verification of declarations of property status is a significant international instrument that enables the authorities of the states-parties to cooperate for the direct administrative exchange of data and information for the verification of declarations of property status and interests.

 

With its application, a significant step forward will be made in facilitating the application of the existing legal solutions for checking property status and interests in accordance with the Law on Prevention of Corruption and Conflict of Interest. In order to carry out its competences, including checking the statements on property status and interests, the State Commission for  Prevention of Corruption accesses databases maintained by other authorities and institutions. 

 

Also, the Law establishes the competence of the SCPC to cooperate with national bodies of other countries, as well as with international organizations in the field of corruption prevention, to exchange information with competent bodies of other countries and international organizations, based on obligations undertaken with ratified international agreements.

 

The application of the agreement will contribute to the improvement of mechanisms for the prevention and fight against corruption in accordance with the international data protection standards that determine the limitations of the cross-border exchange of data, as well as with the jurisprudence of the European Court of Human Rights that shows the justification of the publication of data on property status and interests, bearing in mind the legitimate interest of the general public being informed  regarding the financial status of the officials.

 

The proposal to initiate a procedure for accession to the ratification of the Convention of the Council of Europe on access to official documents corresponds to the strategic determination of the Government of the Republic of North Macedonia to respect human rights and implement internationally undertaken obligations.

 

The Convention of the Council of Europe on access to official documents known as "Tromso" was adopted by the Committee of Ministers on November 27, 2008. It is the first binding international legal instrument that recognizes everyone's right of access to official documents held by public authorities without discrimination and regardless of the status or motives of the requester for seeking access. It considers that all official documents are in principle public, providing a minimum legal framework for fast and fair processing of requests for access to official documents.

The Agreement and the Convention were ratified in the Parliament on August 13, 2024.