The Transformation of Transparency – On the Act on Public Procurement and the Right to Appeal in the Context of the War on Corruption (original) (raw)
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Using Transparency Against Corruption in Public Procurement
The book examines corruption in public procurement in three Member States of the EU, reviewing their different approaches to combating corruption, and the extent to which the transparency principle is applied in their procurement systems. The focus of the work is on the contrast between the unsuccessful procurement legislation of a relatively young Member State (Bulgaria) and its attempt to curb corruption by expanding the scope of application of the transparency principle, and two examples of procurement systems where corruption is limited adequately, without an excess of information procedural requirements (Germany and Austria). The book scrutinizes the transparency rules, procurement participants, and responsible institutions in the award of procurements in these countries. It discusses in detail the types of infringements involving corruption as well as their link to infringements of the transparency principle. It compares and examines the systems of control and appeal against a contracting authority's actions within the various legislative schemes, and highlights the legislative weaknesses which fail to reduce corruption. The comparative analysis between the Bulgarian public procurement system and the German and Austrian systems is carried out through detailed research not only with regard to adherence to the transparency principle, but also to the use of other mechanisms to limit corruption, insofar as these solutions are appropriate and could be adapted in other countries currently lacking sufficient anti-corruption measures.
Critical Perspectives on Accounting, 2015
In a world of secrecy and easy mobility of money, elites seek personal riches, power, status and competitive advantage by renting influence through illicit means. The volume and extent of corrupt activities is hard to know (Serra & Wantchekon, 2012), but is estimated to be running at around $2.6 trillion a year (European Commission, 2011). These amounts are large enough to make a significant difference to economic, social and political policymaking, and the quality of life of citizens. As governments are one of the biggest spenders in any economy, considerable institutional attention is focused on controlling corrupt practices by government officials in granting public contracts (for example, see Organisation for Economic Cooperation and Development, 2005, 2010; United Nations Office on Drugs and Crime, 2003). A common recommendation for reform is enhanced surveillance which ''strengthens accountability so that government officials can be held responsible for the proper implementation of public procurement rules and regulations and the decisions they make in actual procurement cases. Such accountability requires a credible sanctioning system for violations of rules with adequate internal controls and audit procedures; a complaints system for bidders as well as appropriate administrative; and judicial review bodies attributed with the authority to impose corrective measures'' (European Commission, 2013: 260).
Index: 1. Corruption, human rights and economic implications 2. International anti-corruption instruments. 3. French and Italian models compared. 4. US and UK models: The Common law approach. 5. Preventive anti-corruption measures in Europe. Private and Public ethics and compliance programs 6. Contract renegotiation and risk of corruption 7. Final remarks. 1. Corruption, Human Rights and Economic Implications. How to ensure integrity, accountability, and transparency of public authorities and economic operators across countries? A community of values is growing in the wider context of transnational and international bodies such as the OECD, the UN, and in single Member States, to promote a joint system against corruption, but it still needs clear means of actions. The lack of integrity and corruption affect human rights and the market, and are an issue in Public Procurement. Non-transparent economic interests supported by lobbies and conflicts of interests may influence the legislation, its implementation, competition and, ultimately, the economic growth and competiveness of the market itself.
2014
Ensuring efficiency and integrity throughout the public procurement cycle is essential to a sound allocation of taxpayers' money. Yet public contracts are plagued by corruption, collusion, favoritism and conflicts of interest. This book addresses these problems from sophisticated, academic, institutional and practical perspectives. The book's ambition is to shape the public debate in the procurement community by highlighting how corruption implies violations of fundamental rights and undermines the fiduciary relationship between citizens and public institutions. The analysis underlines how corruption may stem from - and yet be resolved - through the exercise of discretion in the public procurement system. Focusing on the effects of public corruption and private collusion on procurement integrity, the book marks the features of misconduct and suggests needed counter-measures. The work also emphasizes that the pursuit of efficiency and integrity in public contracts must be roo...
Public Procurement in Austria – Reforms Limiting Corruption
Studies in European Economic Law and Regulation, 2017
The choice of this particular country for the benchmarking analysis is again guided by several main motives underpinning the logic of this comparative study: corruption levels, procurement system efficiency, and historical, substantive and economic connections with Bulgaria. The main statutory rules regulating public procurement are examined, as well as the existing transparency and anticorruption rules. The comparison with current Bulgarian solutions again aims to draw a clear dividing line between the mandatory provision of a torrent of information and demonstrative publicity in the award process as an end in itself, and truly effective anti-bribery measures. 7.1.1 Legislative Similarities As with Germany, the Austrian legal system is of continental type, but is even more similar to the Bulgarian one in terms of legislative structure. Further, being Member States, Austria and Bulgaria of course adhere to European values and harmonise their national legislation according to EU law. In addition, Austria holds a historic place and has played a significant role in the creation of Bulgaria's post-liberation 1 legal system and in the process of the Europeanisation of its commercial and economic regulation from the nineteenth century onwards. Although not directly adopted, one of the masterpieces of Austrian legal thought, the Austrian Civil Code (Das Allgemeine Bürgerliche 'Never neglect an opportunity; Change at the right moment, Sometimes be constant…' ('Cosi fan tutte' W.A.Mozart, Act 2, Scene 1, Despina)
HOW RELEVANT IS THE PRINCIPLE OF TRANSPARENCY IN PUBLIC PROCUREMENT
Developing Country Studies (IISTE), Vol. 4, No. 6, 2014
Transparency in governance in general, and in public procurement in particular, has become the focus of lawmakers and civil society in preventing corruption among other objectives. In this paper, the relevance of the principle of transparency in public procurement has been espoused using a framework of definitions and reviews of purpose and importance of public procurement transparency. Specifically, the agency theory has been deployed to explain the purpose and importance of public procurement transparency. Through this the centrality of the principle in the fight against public procurement corruption has been confirmed. Although this essay espouses the position that there cannot be corruption-free procurement system without transparency, it has been argued that, despite its importance and attempts at legislating for it by many regimes, there have been difficulties in practice at achieving complete transparency.
Corruption Risks in UK Public Procurement and New Anti- Corruption Tools
Public procurement is a major way in which public money is spent and public services provided. As such, it should be conducted with the utmost integrity and efficiency. Moreover, the rise of New Public Management theory which advocates bringing market forces into public service provision and the rapid growth of outsourcing have meant that public procurement today is undertaken by many different types of contracting authorities, attracts many different types of bidders, and covers a growing range of goods and services. The UK is at the forefront of a global trend which sees the relationship between the state and the private sector being transformed, with UK outsourcing spend having doubled under the 2010-15 government and the UK now the second-largest outsourcing market globally. However, around the world, public procurement is an area that is vulnerable to corruption, with politicians and public officials using opportunities to manipulate the process to benefit themselves, their allies, or political parties. The UK must protect itself against the types of risk that arise from this ongoing transformation in the interface between the state and the private sector. To assist this process, this paper sets out to identify some key risk areas in UK public procurement and to make recommendations for reform and further research.
CORRUPTION IN PUBLIC PROCUREMENT CAUSES AND CONSEQUENCES
A CASE STUDY ON MINICOFIN , 2017
Corruption, as an illegal activity, is difficult to define exactly as different attitudes and customs prevail, for instance when it comes to gift-giving and bureaucratic integrity. However, this report is mostly concerned about the clear-cut cases, where no doubt about the misuse of public office exists. This is usually the case when the following conditions are all met (Tanzi, 1995:167- 168). First, the act must be intentional and in conflict with the principle of objectivity in public service performance. This implies that the rule that is broken is precise and transparent. Second, the person who breaks the rule mustderive some recognisable benefit for him/herself, his family, his friends, his tribe or party, or some other relevant group. Third, the benefit derived must be seen as a direct return from the specific act of “corruption”.For public procurement it may also be useful to distinguish between political or high level and administrative or bureaucratic corruption. Tanzi (1998:119) explains that corrupt behaviour taking place during the budget preparation phase, a time when political decisions are made, reflects political corruption. Corrupt behaviour during the budget execution phase reflects mostly bureaucratic corruption. Amundsen (1999) extends the definition of political corruption to include all the corrupt transactions performed by political decision-makers. Political corruption may thus also take place when improved procurement procedure is implemented, resulting for instance in political disagreement with a contract assignment.
Appeal of Public Procurement Procedures
International conference KNOWLEDGE-BASED ORGANIZATION, 2019
Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and works by domestic and foreign companies. Through the adoption and implementation in the national legislation of the Member States of a package of Directives 2014, a new Public Procurement regime is settled. The purpose of the new Directives is to exclude the risk of giving national tenderers an advantage. There are a number of issues, including the kind of legal protection contractors can expect in Public Procurement procedures. This article analyses one of the mechanisms for controlling Public Procurement - their appeal. It relates to the judicial control exercised by the relevant national institutions in the Member States and the conditions and procedures for appeal that are governed by the national laws, once the Directives have been transposed into national legal systems. Despite a limited number of cases, the Court of Just...