The integrity of decision-making: Systemic omissions in the ‘‘Bechtel Enka’’ case

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The case with the adoption of the Law on Corridors 8 and 10-d shows how the four control points in the process subsequently fail to ensure integrity in the decision-making. The private interest of the Consortium enters unhindered into the decision-making process in the Government, where both laws and Rules of Procedure are neglected. The Parliament does not fulfill its control and consultative role, but by neglecting its own rules of procedure, it enables essential omissions to happen in the adoption of the discussed laws. The last point on the way before the law enters into force – the President – ignores all accumulated omissions and he is not using his role as a counterweight in the decisionmaking process.

All this points to the need to expand the scope of control in the future, including the judicial authority, in assessing the decision-making process. However, this requires from the social actors to identify how the special laws, and especially the violations of the internal procedures in the Government and the Parliament, have violated their rights, and initiate proceedings about that before the Constitutional and Administrative Court. In that way, the entire system will be tested, in terms of how ready it is to protect the public interest in the rule-making domain.

Read the policy brief here:

The integrity of decision-making: Systemic omissions in the ‘‘Bechtel Enka’’ case

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