Mix Research Approach Towards Corruption - Experts’ Perception: Challenges and Limitations
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FIGHTING CORRUPTION Incriminations
FIGHTING CORRUPTION Incriminations by Mr Roderick MACAULEY Criminal law adviser at the Ministry of Justice of the United Kingdom Thematic Review of GRECO’s Third Evaluation Round For further information, GRECO Secretariat Directorate General I - Human Rights and Rule of Law Council of Europe F-67075 Strasbourg Cedex Tel.: + 33 (0)3 88 41 30 43 Fax: + 33 (0)3 88 41 39 55 www.coe.int/greco www.coe.int PREMS 67012 FIGHTING CORRUPTION Incriminations by Mr Roderick MACAULEY Criminal Law adviser at the Ministry of Justice of the United Kingdom Thematic review of GRECO’s Third Evaluation Round Contents Introduction ........................................................ 5 General themes and observations ...................... 9 Specific Themes ................................................ 20 Public/private distinctions ..................................... 20 Public Official ...................................................... 20 Exercise of functions ............................................ 23 Autonomous offences ........................................... 26 Elemental Deficiencies and Consistency .................. 28 Undue advantage ................................................ 31 Private Sector ..................................................... 35 Trading in influence .............................................. 39 Bribery of foreign and international actors ............... 43 ETS No. 191 (Jurors and Arbitrators) ...................... 45 Extra-territorial jurisdiction ................................... 47 Sanctions .......................................................... -
Perceptions of Corruption in Germany: a Comparative Study
SIXTH FRAMEWORK PROGRAMME OF THE EUROPEAN COMMISSION RESEARCH PROJECT: CRIME AND CULTURE Crime as a Cultural Problem. The Relevance of Perceptions of Corruption to Crime Prevention. A Comparative Cultural Study in the EU-Accession States Bulgaria and Romania, the EU-Candidate States Turkey and Croatia and the EU-States Germany, Greece and United Kingdom Dirk Tänzler Konstadinos Maras Angelos Giannakopoulos Perceptions of Corruption in Germany: A Comparative Study Discussion Paper Series No 25 2008 2 Dr. Dirk Tänzler is currently Assistant Professor at the University of Konstanz and Co- ordinator of the EU-project ‘Crime and Culture’ 2006-2009. He was Visiting Professor at Vienna University 2005, 2006, Visiting Lecturer at the University of Luzern 2005-2008, Zeppelin University, Friedrichshafen 2006, University of Salzburg 2005, Humboldt University of Berlin 1995, 1996. Director of the Sozialwissenschaftliches Archiv Konstanz (“Alfred-Schütz-Gedächtnis-Archiv)/ Zentralarchiv der Deutschen Gesellschaft für Soziologie 2000-2005, Research Fellow at the University of Konstanz 1999-2000, Research Fellow at the Science Centre Berlin for Social Research (WZB) 1993-1997, Research Fellow at the Institute for Economic Culture at Boston University 1991-1992. He earned his postdoctoral degree (Habilitation) at the University of Konstanz 2005 and his Ph.D. at J.-W. Goethe University of Frankfurt a.M. 1990. His special research and teaching interests are Sociological Theory, Social Philosophy, History of Sociology, Sociology of Knowledge, Sociology of Culture, Political Sociology, Qualitative Methods, Hermeneutics, Media Analysis, Visual Sociology. Dr. Dr. Konstadinos Maras is Lecturer at the University of Tübingen, Faculty of Cultural Sciences, Institute of Art History, Germany. Ph.D. -
6. Party Finance, Party Donations and Corruption the German Case 6.1
6. Party Finance, Party Donations and Corruption 1 The German Case Ulrich von Alemann 6.1. The Study of Corruption in Germany Some 30 years ago in Germany corruption was an almost unknown term in politics and political science referring only to the fall of old regimes in ancient times or to the rise of bizarre puppet governments in the postcolonial developing countries. “The Germans spoiled by an extremely honest public administration for more than a century and a half, are sensitive to charges of corruption even today”, Theodor Eschenburg, one of the leading senior scholars of German postwar political science declared in Heidenheimer’s first edition of his famous handbook on corruption (Eschenburg, 1970: 259). In the mid-eighties one of the first German political scientists publishing on corruption, Paul Noack, still maintained: “The Germans have always nurtured a faith that theirs is one of those nations that has proved to be most resistant to corruption” (Noack, 1985: 113). Those times are gone forever. During the eighties the Flick-scandal shocked German politics, but also a number of local and regional affairs exposed the myth of a civil service clear of corruption. Sociology, political science, history, law and economics started to discover the issue of corruption. A first big volume was by the Austrian researcher Christian Brünner (1981). The monograph of Paul Noack was followed by a reader of Christian Fleck and Helmut Kuzmics titled “Korruption. Zur Soziologie nicht immer abweichenden Verhaltens” (1985). At the end of the eighties I myself published my first short piece of corruption research in the second edition of Heidenheimer’s handbook on political corruption (von Alemann, 1989). -
Case Study: Deutsche Bahn AG 2
Case Study : Deutsche Bahn AG Deutsche Bahn on the Fast Track to Fight Co rruption Case Study: Deutsche Bahn AG 2 Authors: Katja Geißler, Hertie School of Governance Florin Nita, Hertie School of Governance This case study was written at the Hertie School of Governanc e for students of public po licy Case Study: Deutsche Bahn AG 3 Case Study: Deutsche Bahn AG Deutsche Bahn on the Fast Track to Fight Corru ption Kontakt: Anna Peters Projektmanager Gesellschaftliche Verantwortung von Unternehmen/Corporate Soc ial Responsibility Bertelsmann Stiftung Telefon 05241 81 -81 401 Fax 05241 81 -681 246 E-Mail anna .peters @bertelsmann.de Case Study: Deutsche Bahn AG 4 Inhalt Ex ecu tive Summary ................................ ................................ ................................ .... 5 Deutsche Bahn AG and its Corporate History ................................ ............................... 6 A New Manager in DB ................................ ................................ ................................ .. 7 DB’s Successful Take Off ................................ ................................ ............................. 8 How the Corruption Scandal Came all About ................................ ................................ 9 Role of Civil Society: Transparency International ................................ ........................ 11 Cooperation between Transparency International and Deutsche Bahn AG .................. 12 What is Corruption? ................................ ................................ ............................... -
Crime and Culture : Breaking New Ground in Corruption Research
SIXTH FRAMEWORK PROGRAMME OF THE EUROPEAN COMMISSION RESEARCH PROJECT: CRIME AND CULTURE Crime as a Cultural Problem. The Relevance of Perceptions of Corruption to Crime Prevention. A Comparative Cultural Study in the EU-Accession States Bulgaria and Romania, the EU-Candidate States Turkey and Croatia and the EU-States Germany, Greece and United Kingdom Dirk Tänzler Konstadinos Maras Angelos Giannakopoulos Crime and Culture Breaking New Ground in Corruption Research Discussion Paper Series No 1 2007 2 Dr. Dirk Tänzler is currently visiting Professor at the University of Zurich 2007, Assistant Professor at the University of Konstanz and Co-ordinator of the EU-Research-Consortium ‘Crime and Culture’ 2006-2008. He was Visiting Professor at Vienna University 2005, 2006, Visiting Lecturer at the University of Luzern 2005-2008, Zeppelin University, Friedrichs- hafen 2006, University of Salzburg 2005, Humboldt University of Berlin 1995, 1996. Director of the Sozialwissenschaftliches Archiv Konstanz (“Alfred-Schütz-Gedächtnis-Archiv)/ Zentralarchiv der Deutschen Gesellschaft für Soziologie 2000-2005, Research Fellow at the University of Konstanz 1999-2000, Research Fellow at the Science Centre Berlin for Social Research (WZB) 1993-1997, Research Fellow at the Institute for Economic Culture at Boston University 1991-1992. He earned his postdoctoral degree (Habilitation) at the University of Konstanz 2005 and his Ph.D. at J.-W. Goethe University of Frankfurt a.M. 1990. His special research and teaching interests are Sociological Theory, Social Philosophy, History of Sociology, Sociology of Knowledge, Sociology of Culture, Political Sociology, Qualitative Methods, Hermeneutics, Media Analysis, Visual Sociology. Dr. Dr. Konstadinos Maras is Lecturer at the University of Tübingen, Faculty of Cultural Sciences, Institute of Art History and research assistant at the “European Centre for Scientific, Ecumenical and Cultural Co-operation”, Würzburg, responsible for documentation and research on the European and International Philhellenism. -
Anti-Corruption and Civil Society in Germany
Anti-corruption and civil society in Germany Dr. Sebastian Wolf, University of Konstanz Bishkek, January 2014 1 Contents 1. Anti-corruption policy in Germany: an overview 2. Civil society organizations in the fight against corruption 3. Comparative remarks on Public Advisory Boards in Kyrgyzstan 2 1. Anti-corruption policy in Germany: an overview On the level of corruption in Germany - German citizens: 65% believe that corruption is a serious problem in the public sector, 57% say that the level of corruption has increased over the past two years (TI GCB 2013) - Different view: experts’ perception of political and administrative corruption in Germany (TI CPI) 2013: 78/100 points (rank 12/177) - Victimization/participation – percentage of people who paid a bribe in the last 12 months: 2% (TI GCB 2010) - Suspected acts of corruption registered by the police in 2012: 8.175 - Convictions by German criminal courts because of bribery as main offence in 2009: 485 3 1. Anti-corruption policy in Germany: an overview Foundations of German anti-corruption policy - No single anti-corruption policy because of the federal political system - No anti-corruption agency decentralized approach - Some law enforcement authorities have specialized anti-corruption units; many administrative bodies have internal audit units, ombudsmen and/or anti-corruption contact persons - Regulatory framework mainly by governments and parliaments at federal and Länder level - Vertical accountability/control mechanisms within ministries and administrative bodies (intra-organizational, -
Corruption in Germany the Debate in Politics and Political Science
Corruption in Germany The Debate in Politics and Political Science Ulrich von Alemann Heinrich-Heine Universität Düsseldorf Lehrstuhl Politikwissenschaft II Universitätsstraße 1 40225 Düsseldorf Telefon: 0211/81-12399 Fax: 0211/81-14532 Paper prepared for the IX Jornadas de Filosofía Práctica organized by the Facultat de Dret Universitat Pompeu Fabra Barcelona May 25 and 26, 1995 at Tossa de Mar 1. Some Personal remarks at the Beginning As a political scientist I haven´t always studied political corruption. Political parties and parliaments, organized interest in pluralism: those are the topics I have been dealing with for 25 years. How did I become a student of corruption? Ten years ago I wrote an essay for the trade union journal "Gewerkschaftliche Monatshefte" titled "Political Ethics and Political Culture in the Federal Republic - do Scandals Poison or Purify Politics?" (v. Alemann 1985). At that time, at the beginning of the 80s, the illegal financing of political parties became an issue and so did the corruption in a non-profit trade union enterprise, which both stirred up the Federal Republic. Insofar my previous research interests such as party finance, interest organizations and political culture built a natural bridge to this dark realm of corruption, fraud, and bribery in politics and society. Since then, in addition to my main focus of research, I have continuously kept an eye on corruption. That is why in 1989 I was asked to contribute to the leading handbook by Heidenheimer/Johnston/LeVine an article on "Political Corruption" in Germany (v. Alemann 1989). I began with a sentence of the famous German political scientist, Theodor Eschenburg. -
Prosecution of Corruption”
ACN Anti-Corruption Network for Eastern Europe and Central National Anticorruption Directorate, Asia Romania OECD Anti-Corruption Network for Eastern Europe and Central Asia EXPERT SEMINAR “EFFECTIVE MEANS OF INVESTIGATION AND PROSECUTION OF CORRUPTION” Held in Bucharest, Romania on 20 – 22 October 2010 Hosted by the National Anti-Corruption Directorate of Romania PROCEEDINGS OF THE SEMINAR These proceedings were prepared by the Secretariat of the Anti-Corruption Network for Eastern Europe and Central Asia (ACN) at the Organisation for Economic Co-operation and Development (OECD). The OECD does not guarantee the accuracy of data included in the presentations and accept no responsibility for any consequences of their use. This document is available for download from the ACN Web site at www.oecd.org/corruption/acn Participants in the expert seminar “Effective Means of Investigation and Prosecution of Corruption”, 20 – 22 October 2010, Bucharest, Romania 2 Table of Contents INTRODUCTION .................................................................................................................................. 5 SUMMARY OF DISCUSSIONS ............................................................................................................... 7 TOPIC 1 EFFECTIVE MEANS TO DETECT AND INVESTIGATE CORRUPTION CRIMES .......................... 12 MEANS OF DETECTING AND INVESTIGATING CORRUPTION OFFENCES AND JOINT INVESTIGATION TEAMS (Juuso Oilinki, Finland) ............................................................................................................................... -
Organized Civil Society for Better Global Governance
The International Journal of Ethical Leadership Volume 4 Article 3 2017 International Corruption: Organized Civil Society for Better Global Governance Peter Eigen Follow this and additional works at: https://scholarlycommons.law.case.edu/ijel Part of the Applied Ethics Commons, Business Law, Public Responsibility, and Ethics Commons, Leadership Studies Commons, and the Legal Ethics and Professional Responsibility Commons Recommended Citation Eigen, Peter (2017) "International Corruption: Organized Civil Society for Better Global Governance," The International Journal of Ethical Leadership: Vol. 4 , Article 3. Available at: https://scholarlycommons.law.case.edu/ijel/vol4/iss1/3 This Article is brought to you for free and open access by the Cross Disciplinary Publications at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in The International Journal of Ethical Leadership by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Eigen: International Corruption: Organized Civil Society for Better Glob International Corruption Organized Civil Society for Better Global Governance Peter Eigen Transparency International The theme of this issue, and the conference with which it is connected, is most timely. Corruption is the most talked about global problem around the world. Grand corruption in the global economy, petty corruption at home and abroad, corruption in politics, economic development, science, media, medicine, international and national corruption: the cancer of corruption seems to be everywhere and unending. My focus here is on international corruption because it is particularly pernicious. It also lends itself to illustrating the failure of global governance. It is both a consequence of failed global governance and one of the con- tributing factors to this failure. -
Death Penalty for Corruption in Germany
Death Penalty For Corruption In Germany Unilateral Leif usually flanged some licensees or roughcasts lumpily. Unstripped Sanders boobs or coagulated some obedientiaries unblamably, however vapory Oswell disallows unwatchfully or bullocks. Oral transcendentalize laggardly. Jewish doctors who agree to bribery offence for death penalty on the parties twice weekly on what was usually cruel and annexed czechoslovakia prior management Bribes offered in death penalty for corruption in germany. The has a chinese national measures have effect what constitutes a legal entity, tweeted last year, and conducted by. The prohibitions apply to violative acts by issuers, domestic concerns, and their agents and employees that occur entirely outside US territory, and acts by any US citizen or resident, wherever they occur. Leo katzenberger agreed to corruption, for it may only country was on what is thus, a domestic public. The penalties for granting any question. In another expansion of sound commercial bribery prohibition, the Amended AUCL would prohibit bribery through third parties who today in positions to influence overall outcome complete a transaction with rich commercial entity. Some cases or both presidents are bribery and mexico is small gifts and party district judge is. Framework Decision a verification of the bilateral punishability is generally unnecessary. Campaigning against torture kill the only penalty Federal. Odebrecht allegedly engaged in germany for individuals who have specific provisions which penalty has been in hanoi insists he encouraged states. Corruption in Germany Prof Dr U v Alemann. NICK FIELDING, MASTERMINDS OF Moussaoui also numb which United States No. However, further new law fails to provide guidelines on gravel a compliance system must look. -
The Globalization of Corruption
1 The Globalization of Corruption PATRICK GLYNN, STEPHEN J. KOBRIN, AND MOISÉS NAÍM Over the past four years, corruption has been transformed from a pre- dominantly national or regional preoccupation to an issue of global revolu- tionary force. In less than a half-decade, the worldwide backlash against corruption has swept like a firestorm across the global political land- scape. Governments have fallen. Longtime ruling parties have been hounded from office. Presidents, prime ministers, parliamentarians, and once mighty corporate chieftains have been grilled by prosecutors and herded onto the docket. Italy, France, Japan, South Korea, India, Mexico, Colombia, Brazil, South Africa: no region, and hardly any country, has been im- mune. It is a revolution that even Karl Marx could scarcely have predicted a simultaneous, though largely peaceful, public revolt on five continents against one of the worlds oldest part-time professions: proffering and accepting bribes. Campaigns against corruption are, of course, hardly new. But this decade is the first to witness the emergence of corruption as a truly global political issue eliciting a global political response. Since 1992 a half-dozen or more international organizationsgovernmental and non- governmentalhave energetically taken up the question. The United The authors are members of the World Economic Forums Davos Group, which brings together business executives, law enforcement officers, and other experts to address corruption issues. Patrick Glynn is an adviser to that group. Stephen J. Kobrin -
Chapter 2: Governance in the Transition Region
26 LIFE IN TRANSITION A DECADE OF MEASURING TRANSITION 2. % of31 respondents in the transition region say that they have either “some trust” or “complete trust” in other people. CHAPTER 2 27 Introduction Governance In order to grasp the importance of good governance in the transition region, it is essential to define it in context. Good governance can be described as “predictable, open and in the enlightened policy making; a bureaucracy imbued with a professional ethos; an executive arm of government accountable for its actions; and a strong civil society participating in public affairs; and all behaving under the rule of law.”1 transition Corruption, on the other hand, can be defined as the misuse of public authority in the interests of illegitimate gain. It is a multifaceted and complex phenomenon, involving bribery in government contracts and benefits, tax evasion, theft of region 2 public assets as well as political corruption, among others. Corruption is not only a major barrier to sustainable economic, political and social development but it poses a serious threat to good governance, jeopardising the adequate functioning of The collapse of communism public institutions. triggered important social, The collapse of communism triggered important social, political and economic changes across the transition region. The rapid political and economic and radical disintegration and transformation of state institutions changes across the created ineffective governance in many countries, where policy- makers were not held accountable for their decisions, leading to transition region. The rapid an increase in corrupt practices. And despite high-profile efforts by and radical disintegration governments to combat corruption, it remains prevalent in many transition countries and continues to dominate reform debates.