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Issues In Anti-Corruption Law: How Can Code Of Conduct Laws Be Drafted In Order To Reduce Corruption In A Public Sector Like Romania’S?, Bryane Michael
Issues In Anti-Corruption Law: How Can Code Of Conduct Laws Be Drafted In Order To Reduce Corruption In A Public Sector Like Romania’S?, Bryane Michael
Bryane Michael (bryane.michael@stcatz.ox.ac.uk)
International organisations, like the UN and EU, have encouraged their member states for years to increase civil servants’ compliance with particular codes of conduct. Romania represents probably one of the most advanced countries in attempting to legislate on civil servant ethics through its Code of Conduct Law. Yet, the Romanian Code of Conduct Law possesses significant weaknesses, emanating both from the inherent difficulties of using hard law in a soft law area (like civil servants’ ethics) and the Law’s silence as to specific procedures which government agencies should use in implementing the Law. Given these weaknesses, Romanian government agencies should …
The Evolution Of The Anti-Corruption Industry In The Third Wave Of Anti-Corruption Work, Bryane Michael
The Evolution Of The Anti-Corruption Industry In The Third Wave Of Anti-Corruption Work, Bryane Michael
Bryane Michael (bryane.michael@stcatz.ox.ac.uk)
Work on anti-corruption has changed significantly in the mid-1990s -- reflecting a "third wave" of anti-corruption work. If the first and second waves of anti-corruption work reflected the marketisation of anti-corruption projects, the third wave reflects the direct cross-border co-operation between law enforcement agencies (particularly in the European Union). The first part of this paper reviews the literature and the data we consulted in our (rather informal) study. The second part traces the evolution of the anti-corruption industry across time – showing the beginning of each new wave as a “structural break” in the organisational structure of project delivery. The …
Issues In Anti-Corruption Law: Can An Activist Regulatory Stance Overcome Legislative Problems In Preventive Anti-Corruption Agencies Like Montenegro’S?, Bryane Michael
Bryane Michael (bryane.michael@stcatz.ox.ac.uk)
Article 6 of the UN Convention Against Corruption requires that signatory states establish an anti-corruption agency (or agencies) responsible for preventing corruption. However, the Convention – and legal scholarship in general – provides little direction about how such agencies should be organised. Moreover, the piece-meal nature of anti-corruption legislation in most developing countries makes the efficient operation of such agencies difficult to impossible. This article argues that regulatory instruments can help overcome the inherent weaknesses of legislative governing many anti-corruption agencies. Using the Montenegro’s Directorate for Anti-Corruption Initiatives (DACI), I show how the design of a regulation – relying on …
Should The World Customs Organisation Develop A Hard Law Approach To Anti-Corruption In Customs?, Bryane Michael
Should The World Customs Organisation Develop A Hard Law Approach To Anti-Corruption In Customs?, Bryane Michael
Bryane Michael (bryane.michael@stcatz.ox.ac.uk)
The WCO, among international organisations, remains conspicuously absent in its work on anti-corruption. This brief, a set of notes for a conference lecture, provide the steps the WCO should take in order to help customs agencies adopt anti-corruption legislation world-wide.