BASIC ANTI-CORRUPTION CONCEPTS a Training Manual

BASIC ANTI-CORRUPTION CONCEPTS

A training manual BASIC ANTI-CORRUPTION CONCEPTS

A training manual

Council of Europe The opinions expressed in this work are the responsibility of the authors and do not necessarily reflect the official policy of the Council of Europe.

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Economic Crime and Co‑operation Unit, Action against Crime Department, Directorate General Human Rights and Rule of Law, Council of Europe F‑67075 Strasbourg Cedex E‑mail: [email protected] Website: www.coe.int/corruption

Cover design: Documents and Publications Production Department, Council of Europe Layout: Jouve

FIGURES AND TABLES 5 FOREWORD 7 INTRODUCTION 9 1. CORRUPTION 11 1.1. Definition 11 1.2. Forms 13 1.3. Terminology 15 1.4. Causes 18 1.5. Consequences 21 2. MEASURING 23 2.1. Corruption 23 2.2. Excursus: International corruption scores and surveys 30 2.3. Corruption risks 40 3. RESPONSES: OVERVIEW 45 3.1. Opinions and strategies 45 3.2. Reform of legislation and regulations 47 3.3. Judicial reform 47 3.4. Law enforcement 48 3.5. Public administration/civil service reform 48 3.6. Public education and participation of civil society as independent monitors of anti‑corruption reforms 49 4. SUCCESS STORIES 51 4.1. The example of Georgia 51 4.2. Other examples 59 4.3. Success patterns 62 4.4. Literature 63 5. ETHICS 65 5.1. Ethics as an anti‑corruption approach 65 5.2. How to change an ethical culture? 65 5.3. Regulating ethics 67 5.4. Training in ethics 70 5.5. Integrity testing 76 5.6. Literature 80 6. CRIMINALISATION 81 6.1. Elements of crime 81 6.2. Non‑liability 89 6.3. Immunities as an obstacle to prosecution 89 6.4. Sponsorship and criminal law 90 6.5. Literature 92

Page 3 7. POLITICAL FINANCING 93 7.1. Background 93 7.2. State and private funding 94 7.3. Integrity in political finance 95 7.4. Misuse of public resources 97 7.5. Transparency in political finance 97 7.6. Literature 99 8. INTERNATIONAL STANDARDS 101 8.1. Background to international standards 101 8.2. Conventions 104 8.3. Comparison of international agreements 110 8.4. Implementation and monitoring 114 8.5. Non‑binding standards 118 9. APPENDICES 123 9.1. General literature 123 9.2. Internet sources 123 9.3. International standards: Council of Europe 124

Basic anti‑corruption concepts Page 4 Figures and tables

FIGURES Figure 2.1: Transparency International’s Corruption Perceptions Index, 2012 (mapped by country) 31 Figure 2.2: Global Corruption Barometer, 2010 (by public service sector) 36 Figure 2.3: Perception v. experience of corruption 37 Figure 2.4: Percentage of respondents in Azerbaijan who believe unofficial payments are used (by public service sector) 37 Figure 2.5: Belief that unofficial payments in Georgia remain quite infrequent (as % of respondents who believe such payments are used) 38 Figure 2.6: Reasons for making unofficial payments or gifts in countries of the former communist bloc (by public service sector) 38 Figure 3.1 The OECD Integrity Framework 48 Figure 4.1: The position of Georgia in perception v. experience of corruption 52 Figure 8.1: Signatories to the United Nations Convention Against Corruption 107 Figure 8.2: Types of bribe 112 Figure 8.3: Implementing the Council of Europe’s Twenty Guiding Principles for the Fight against Corruption 119 Figure 8.4: Implementing the Council of Europe’s Common Rules against Corruption in the Funding of Political Parties and Electoral Campaigns 120 TABLES Table 1.1: Dichotomies 16 Table 2.1: Transparency International’s Corruption Percepti