APC confirms CCE’s assessment of corruptive elements in the General law on education

Centre for Civic Education (CCE) welcomes the consistency of the Agency for the Prevention of Corruption (APC) in assessing the provisions of the Law on Amendments to the General Law on Education, initiated by CCE in October. Based on this initiative, APC issued an Opinion confirming that the August amendments to this legislative text carry corruption risks.

In its initiative, CCE highlighted that the critically oriented NGO sector had advocated, for over a decade, for the removal of the provision granting excessive power to ministers, as this has been a proven tool of abuded by political parties. This was also confirmed by APC in its 2021 Opinion. In 2023, the system underwent decentralization in this area, implementing APC’s recommendations regarding the appointment of directors of public educational institutions. However, with the sudden amendments to this Law in August 2024, proposed by the PES parliamentary group, the corruptive provision was reinstated.

In its Opinion, APC emphasized that key corruption risks remain in the new legal framework, particularly concerning the minister’s discretionary authority to select the second- or third-ranked candidate. Such discretionary decision-making undermines the effectiveness of the previously established selection criteria. This calls into question the transparency and fairness of the selection process, which are fundamental to anti-corruption efforts.

APC also reiterated CCE’s earlier concerns regarding potential political influence in the appointment of directors and underscored the need for greater decentralization, wherein school boards would play a more significant role in the selection process. This would ensure the best interests of educational institutions.

Furthermore, APC supported CCE’s recommendation to introduce clear criteria and scoring mechanisms in the selection process, enabling enhanced oversight and reducing opportunities for abuse.

CCE hopes that the Ministry of Education, Science and Innovation, along with members of Parliament, will act upon this APC Opinion and initiate new amendments to eliminate provisions that enable corruption in education. These provisions often lead to chains of other corrupt practices. Only through such actions can they demonstrate their commitment to serving the public interest rather than particular interests, focusing on professionalism and transparency while excluding partisan maneuvers in the selection and hiring processes within educational institutions.

Snežana Kaluđerović, Senior Legal Advisor