English to Serbian Law/Patents Law (general) CORRUPTION PROOFING

Setting up a right of the public authority instead of a duty is setting in a discretionary manner (right, power) a certain competence, in situations when the legitimate expectation of citizens/society is for the public authority/official to proceed in an imperative manner (follow an obligation, duty).

Legal provisions containing this risk factor offer discretion to public officials to act as they wish instead of fulfilling the duties they should perform.

This risk factor is amplified when criteria for establishing in which cases the public agent “is entitled” or “is able” and in what cases he/she is excused not to fulfill his/her competences are missing.

Smisao je jasan, nisam siguran kako da formulišem.