Drafting Implementing Regulations for International Anti-Corruption Conventions

How can executive agencies in developing countries implement international conventions against corruption? This paper looks at the legal issues presented by the Council of Europe, United Nations and OECD conventions against corruption; as well as the choices which executive agencies (such as the tax police, customs and border guard) in developing countries have in helping to implement these conventions. This paper reviews the potential obligations which these Conventions impose on executive agencies and the legal principles which should be enshired in executive regulation which translates these conventions into practice. This paper provides a simple legal/administrative test for corruption as well as tests for complicity, respondeat superiour, and tests which help establish jurisdiction between departments and between countries (in international corruption cases). The paper also discusses mechanisms for financing anti-corruption work, the conduct of tests or probes of civil servant bribe-taking behaviour, and the optimal fine to apply to businesses engaging in corruption as determined under a civil law standard

When EU Law meets Arab Law: Assessment of Anti-Corruption Law in Morocco and Some Proposed Amendments

This article reviews the present state of the adoption of anti-corruption legal provisions usually adopted in EU (or candidate) countries in Morocco. Morocco lags behind many countries in its adoption of anti-corruption legislation and the recently established Central Agency of the Prevention of Corruption is unlikely to succeed in speeding up the adoption of these measures. English language translations of a number of Moroccan anti-corruption legal instruments are presented and amendments to these legal instruments are recommended (based on international best practice) in order to increase the likely effectiveness of Moroccan law enforcement institutions in fighting corruption.

Anti-Corruption Law in Local Government: Legal Issues related to Ordinance-Design and Municipal-Level Anti-Corruption Agencies in Macedonia

Macedonian municipalities should pass anti-corruption ordinances in order to reduce corruption. The paper reviews the legal issues involved in drafting such ordinances and provides legal advisors to local councils with the legal and economic analysis needed to tackle some of the more difficult and detailed questions. The most important issue revolves around the creation of a model ordinance which Macedonian municipalities (or the Association of Units of Local Self-Government of the Republic of Macedonia) could adopt in order to set-up and run municipal-level anti-corruption agencies. The location of such agencies as well as their competencies (to monitor conflicts of interests, oversee asset declarations, and conduct corruption risk-audits among others ) are analysed. The paper also provides legal interpretations of Macedonian legislation and their likely impact on municipal council ordinance design in the area of anti-corruption - providing the legal basis for positive administrative silence, the splitting of municipal procurement contracts, and (most controversially) qui tam rewards at the municipal level. A brief regulatory impact analysis of the ordinance shows a gain of Euro 162,900 in social welfare if such a programme were rolled-out in Macedonia.