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Public Prosecution Offices within Supreme Audit Institutions’ jurisdiction, their role and importance for the due process of law: A glance at the findings of a global survey

The INTOSAI-P 50 document outlines twelve principles for the jurisdictional activities of Supreme Audit Institutions (SAIs) empowered with the corresponding mandate, which allows them to rule on the liability of individuals accountable by law in case of irregularities or mismanagement.

The new system of financial accountability for public managers, at the heart of the public integrity ecosystem

The French Cour des comptes and regional and territorial chambers (CRTCs) underwent a major overhaul with the reform of the financial liability regime for public managers on 1st January 2023. Until this date, the contentious functions of these financial jurisdictions were based on two distinct liability regimes: the one specifically applicable to public accountants (who handle the public fund and keep the accounts) and the one generally applicable to “authorizing” public managers (who decide on revenue and expenditure).

SAI Latvia and the Practice of Recovery of Losses

The State Audit Office of the Republic of Latvia (SAI Latvia) is an independent and collegial supreme audit institution (SAI) with its mandate specified in the Constitution of the Republic of Latvia. Specifically, SAI Latvia has the mandate to notify public entities of the findings on public finance management which pertain to them, and to notify law enforcement authorities of violations of legal provisions detected during an audit. However, SAI Latvia does not have the right to make decisions on punishing officials who commit unlawful actions.

The seven essential benefits from the exercise of SAIs with jurisdictional functions

SAIs with jurisdictional powers are often misunderstood, and the value of their specific features is generally not fully appreciated. A SAI has jurisdictional powers when it has received the legal mandate to sanction a person on the grounds of an irregularity or damage, related to the use of public funds under the SAI’s jurisdiction and which can be imputed to that person, following contradictory-adversal proceedings.

Guidelines for the 12 Principles Set Out in INTOSAI-P 50

At its General Assembly in Lisbon, Portugal in September 2021, the Forum of Jurisdictional SAIs adopted a set of guidelines designed to publicize and promote the exercise of jurisdictional and contentious missions by SAIs vested with this competence. These guidelines provide and illustrate in very concrete terms the frame of reference for this exercise in conditions of independence, objectivity or neutrality, legal rigor, public interest and fairness in line with the highest international standards.

Overview of the INTOSAI-P 50

The INTOSAI Core Principles are at the pinnacle of INTOSAI’s professional pronouncements, just behind the Lima and Mexico Declarations, which represent the “Magna Carta” of external government auditing and define the conditions for its independent and effective functioning. To date in 2024, there are three: one is devoted to the value and benefits that SAIs bring to citizens (INTOSAI-P 12), another to transparency and accountability (INTOSAI-P 20), and the third sets out the 12 principles that should guide the actions of SAIs with jurisdictional powers, in the exercise of their functions.

Overview of the different models of SAIs and focus on the jurisdictional model

There are three main models of SAIs in the world, and several variants. They have a very long history, dating back in some cases to the Middle Ages, but all three were renewed and developed between the 18th century and the beginning of the following century, when modern states were established.

Long live the jurisdictional powers of SAIs

About 25% of all supreme audit institutions (SAIs) represented in INTOSAI undertake jurisdictional activities. Most of them are found in the French-speaking, Spanish-speaking and Portuguese-speaking areas of the world. But, it’s an attractive model that extends beyond these linguistic and cultural spheres: Latvia, South Africa and Thailand have recently equipped their SAIs with a new competence and an appropriate organization to sanction the misuse of public money. Others, like Indonesia or Vietnam, are willing to obtain new jurisdictional powers or similar functions. This is also a model that can evolve: The French legislator has just radically reformed the system of liability for public managers, which had been in force for decades. 

News in Brief
News in Brief
Regional parallel performance audit reviews gender equality
April 15, 2024
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News in Brief
Audit Chamber of Armenia Unveils Audit Priorities for 2024-2026 
April 10, 2024
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News in Brief
Edgars Korčagins resumes the post of Auditor General of the Republic of Latvia
February 6, 2024
Auditing Efficient and Safe Environments for Remote Work in the Public Sector in Georgia with IT Governance

Creating an effective and safe environment for remote work in the public sector requires clear policies, careful planning, technology and infrastructure, data security, performance measurement, and focus on productivity of employees, and public sector auditing organizations have a role to play in ensuring this environment.

Boost the Impact of Your Performance Audits: Building Blocks for a Theory on the Impact of Supreme Audit Institutions

Many Supreme Audit Institutions (SAIs) have in recent decades adopted performance auditing as one of their main tasks. Performance audits extend a SAI’s role from main public auditor to judge, jury and even management consultant. INTOSAI has promoted performance auditing as a method to establish the economy, effectiveness and efficiency of government policy (‘the 3Es’) and a means to strengthen government accountability and transparency. 

News in Brief
News in Brief
Appointment of Mr Pieter Duisenberg as the new president of the Netherlands Court of Audit
December 7, 2023
News in Brief
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News in Brief
Ethics and Integrity International Practices Fostered at the State Audit Office of Georgia
October 26, 2023
Understand How Disabled People Navigate Through the Residency Path with Optimal Matching

The number of people over 50 receiving disability allowances increased by 36% in France between 2011 and 2019. The Court of Accounts wanted to check whether the needs of the populations concerned were being adequately met.

SAI Albania Audit 5G Implementation

Albania is in a favorable geographic position to serve as a trade hub, tourist destination, and provider of financial and other services. The enhanced use of technology in manufacturing, infrastructure, and communications could give the country a competitive advantage in these fields. 

Killer Robots – A Case for SAIs

Killer robots, also known as lethal autonomous weapon systems (LAWS), is not science fiction. They exist. Soon we can have AI-powered drone swarms where the drones themselves decide who to kill and what to attack. SAIs should play a role in keeping the development and use of such weapons under human control, in line with international law.

Believing the Impossible – the Role of International Cooperation

Scientific and technological development has become an unnoticeable element of our everyday tasks and interactions, reshaping our society, economy, culture and lifestyle. It has been said that technological development is faster than ever before, but it is more accurate to say that technological development will never be as slow as it is now.  

News in Brief
News in Brief
Threats to the Independence of the SAI in Poland
August 2, 2023
News in Brief
News in Brief
SAI Ireland celebrates 100 years
July 25, 2023
Inside INTOSAI
Inside INTOSAI
Meeting the press in Antananarivo: Strengthening SAIs Pedagogy in Madagascar
July 3, 2023