Social and Behavioral Sciences Commons^™

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 …