From Corruption to State Capture: a New Analytical Framework With

From Corruption to State Capture: a New Analytical Framework With

PRQXXX10.1177/1065912916639137Political Research QuarterlyFazekas and Tóth 639137research-article2016 Article Political Research Quarterly 2016, Vol. 69(2) 320 –334 From Corruption to State Capture: © 2016 University of Utah Reprints and permissions: sagepub.com/journalsPermissions.nav A New Analytical Framework with DOI: 10.1177/1065912916639137 Empirical Applications from Hungary prq.sagepub.com Mihály Fazekas1,2 and István János Tóth3 Abstract State capture and corruption are widespread phenomena across the globe, but their empirical study still lacks sufficient analytical tools. This paper develops a new conceptual and analytical framework for gauging state capture based on microlevel contractual networks in public procurement. To this end, it establishes a novel measure of corruption risk in government contracting focusing on the behavior of individual organizations. Then, it identifies clusters of high- corruption-risk organizations in the full contractual network of procuring authorities and their suppliers using formal social network analysis. Densely connected clusters of high-corruption-risk organizations are denoted as the domain of state capture. The paper demonstrates the power of the new analytical framework by exploring how the radical centralization of the governing elite following the 2010 elections in Hungary affected centralization of state capture. Findings indicate the feasibility and usefulness of such microlevel approach to corruption and state capture. Better understanding the network structure of corruption and state capture opens new avenues for research and policy on anticorruption, budget deficit, market competition, and quality of democracy. Supporting further empirical studies of corruption, the data are made available at digiwhist.eu/resources/data. Keywords corruption, state capture, public procurement, Hungary, methodology Introduction between localized and systemic forms of state capture where in the first case, only some public and private orga- There has been intense scholarly interest in state capture nizations enter into a capture relationship, with their across the globe, although virtually every study has had “islands” remaining relatively autonomous, whereas in to rely either on qualitative data lacking sufficient breadth the second case, captured organizations are linked to each or on survey data lacking sufficient reliability. These other and controlled by a countrywide elite. methodological weaknesses have spawned a rich theo- To bridge the gap between state capture theory and retical literature but relatively meager empirical material empirics, this paper develops a new conceptual and ana- against which to evaluate it. With the recent availability lytical framework for gauging state capture based on of reliable microlevel data on corruption and favoritism microlevel contractual networks in public procurement. in public procurement (Auriol, Flochel, and Straub 2011; The goal of this analytical framework is to determine pre- Bandiera, Prat, and Valletti 2009; Klasnja 2016), scholars cisely whether state capture took place in particular parts can begin to rigorously test theories of state capture, and of the state, and, if so, to help uncover its degree and investigate underlying actor networks and corrupt structure. transactions. Identifying state capture in organizational networks It is our starting point that state capture is not just rests on a novel measure of corruption risk in government widespread corruption. Rather, its essence lies in a dis- tinct network structure in which corrupt actors cluster 1University of Cambridge, UK around parts of the state allowing them to act collectively 2Government Transparency Institute, Hungary in pursuance of their private goals to the detriment of the 3Hungarian Academy of Sciences, Hungary public good. By analyzing the distribution of corrupt Corresponding Author: transactions and clustering of corrupt actors across orga- Mihály Fazekas, Flat 3, Aumbrey Building, Eastway, London nizations, it is possible to estimate the degree of state cap- E95 HE, UK. ture. For example, it becomes possible to distinguish Email: [email protected] Fazekas and Tóth 321 contracting (Corruption Risk Index [CRI]). This measure represents one of the principal vehicles for rent extraction captures the likelihood of corruption occurring in a given across the globe. This is reflected, for example, in corruption tender by screening a wide range of microlevel “red surveys where public procurement is systematically named flags” such as a short deadline for submitting bids. as the most corrupt area of government activities (OECD Establishing the structure and degree of state capture 2007, 9). This is not surprising given the high degree of dis- opens up many ways for analyzing its causes and effects. cretion inherent in public procurement decisions and the To demonstrate the usefulness of this novel approach, the large portion of public spending involved: between 20 and association between the organizational structure of the 50 percent of OECD countries’ public budgets (OECD 2011, governing elite and the structure of state capture is explored Table 40.2). Although robust evidence is lacking, corrupt using the change of government in Hungary in 2009–2012, rents earned through particularistic allocation of public pro- albeit no causal claim is made due to the multitude of inter- curement contracts are often directly linked to political party vening factors. This is a highly relevant question on its finances and democratic party competition (OECD 2014; own, as, to take one example, many anticorruption efforts Transparency International 2012). fail because they misdiagnose corruption as a principal- The paper is structured as follows: it first sets out the agent problem and miss the elite-driven character of state conceptual framework. Second, it develops the novel capture (Mills 1970; Persson, Rothstein, and Teorell 2013). measure of corruption risks in public procurement trans- Pursuing these ends extends our current knowledge in actions focusing on binary contractual relationships at least two ways: first and most importantly, it gives a between organizations. Third, it identifies organizational well-documented and widely deployable toolkit for clusters based on their corruption level and network con- scholars to measure state capture exploiting the micro- nections. Fourth, it systematically explores how the level structure of corruption. This, hopefully, will gener- change in the internal composition of the governing elite ate further scholarly interest in the empirical study of (i.e., becoming more centralized) affects the network state capture. Second, it also provides a brief empirical structure of corruption in public procurement. test for the theories of state capture, in particular on how elite centralization affects state capture structure, using Conceptual Framework and the example of Hungary in 2009–2012. This is a crucial question, as it has wide-ranging ramifications for many Hypotheses economic, social, and political factors. Although there are many competing definitions of corrup- Findings highlight the conceptual and empirical use- tion (Johnston 1996), we adopt a broad approach that is fulness of the proposed approach to state capture. The pro- adept at capturing high-level political corruption in situa- posed framework allows us to establish the risk of tions where even some regulations could be enacted to corruption, that is, the likelihood of corruption occurring, serve rent extraction. Thus, in the context of public procure- in government contracting at the transaction level, while ment, institutionalized grand corruption denotes the alloca- also providing clear guidance on how to use such micro- tion and performance of public procurement contracts by level data and indicators to precisely identify the location, bending prior explicit rules and principles of good public degree, and structure of state capture. The method claims procurement such as public procurement laws to benefit a general applicability to countries with regulated and trans- closed network while denying access to all others (for a parent public procurement markets, including Organisation related discussion, see Kaufmann and Vicente 2011; for Economic Co-operation and Development (OECD) Mungiu-Pippidi 2006; OECD 2007). This definition of cor- countries and most middle-income countries (OECD ruption beyond simple bribery in public administration is 2015). Applying the framework to Hungary in 2009–2012 well fitted to the context of public procurement where polit- demonstrates the methodology’s research merits. It reveals ical discretion is broad, and political and technocratic actors that the Hungarian state was partially captured in 2009– necessarily codetermine decision. Prior explicit rules and 2012, with high-corruption-risk organizations becoming principles provide the benchmark for an impartial and uni- more central, as a more centralized governing party took versalistic allocation of public resources as opposed to par- power in 2011–2012, which coincides with qualitative tiality and particularism along friendship or kinship lines accounts of the events. Understanding how elites organize (Rothstein and Teorell 2008). In addition, prior explicit state capture in middle-income countries has wide- rules and principles mandate open access and fair competi- ranging ramifications for anticorruption interventions, tion for public procurement contracts, and must be violated management

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