Writing an Effective Anticorruption Law

The note looks at effective anticorruption legal instruments, ensuring that laws are in place to deter corruption. However, law enforcement measures are not the first, or necessarily the preferred method of defense. An informed citizenry, a governm...

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Main Authors:	Messick, Richard E., Kleinfeld, Rachel
Format:	Brief
Language:	English
Published:	World Bank, Washington, DC 2012
Subjects:	CORRUPTION LEGAL FRAMEWORK LAW ENFORCEMENT LEGAL INSTRUMENTS CORRUPT PRACTICES BRIBERY CIVIL SOCIETY ETHICS ENFORCEMENT POWERS CAPACITY CONSTRAINTS CONFLICT OF INTERESTS CONTRACT ENFORCEMENT PUBLIC DISCLOSURE ACTIONS ANTI-CORRUPTION ANTICORRUPTION AUTHORITY BRIBES CITIZENS CIVIL SERVANTS CONFLICTS OF INTEREST CORRUPT ACTS CORRUPT OFFICIALS CRIME DEMOCRACY DISCRETION ECONOMIC DEVELOPMENT GOVERNMENT ACTION GOVERNMENT AGENCIES GOVERNMENT INSTITUTIONS GOVERNMENT OFFICIALS JUSTICE LAW REFORM LAWS LAWYER LEGAL ASPECTS LEGAL REFORM LEGAL REFORMS LEGALITY LEGISLATION LIBEL MEDIA NATIONAL INTEGRITY NATIONAL LEGISLATION NATIONS NEPOTISM PROSECUTION PROSECUTORS PUBLIC LAWS PUBLIC OPINION PUBLIC SECTOR PUBLIC SERVANTS PUBLIC SERVICES PUNISHMENT REPRESENTATIVES RULINGS SECRECY SOCIAL POLICY TRANSPARENCY
Online Access:	http://documents.worldbank.org/curated/en/2002/03/1998937/writing-effective-anticorruption-law http://hdl.handle.net/10986/9777

id	okr-10986-9777
recordtype	oai_dc
spelling	okr-10986-97772021-04-23T14:02:47Z Writing an Effective Anticorruption Law Messick, Richard E. Kleinfeld, Rachel CORRUPTION LEGAL FRAMEWORK LAW ENFORCEMENT LEGAL INSTRUMENTS CORRUPT PRACTICES BRIBERY CIVIL SOCIETY ETHICS ENFORCEMENT POWERS CAPACITY CONSTRAINTS CONFLICT OF INTERESTS CONTRACT ENFORCEMENT PUBLIC DISCLOSURE ACTIONS ANTI-CORRUPTION ANTICORRUPTION AUTHORITY BRIBERY BRIBES CITIZENS CIVIL SERVANTS CONFLICTS OF INTEREST CORRUPT ACTS CORRUPT OFFICIALS CRIME DEMOCRACY DISCRETION ECONOMIC DEVELOPMENT ETHICS GOVERNMENT ACTION GOVERNMENT AGENCIES GOVERNMENT INSTITUTIONS GOVERNMENT OFFICIALS JUSTICE LAW ENFORCEMENT LAW REFORM LAWS LAWYER LEGAL ASPECTS LEGAL FRAMEWORK LEGAL REFORM LEGAL REFORMS LEGALITY LEGISLATION LIBEL MEDIA NATIONAL INTEGRITY NATIONAL LEGISLATION NATIONS NEPOTISM PROSECUTION PROSECUTORS PUBLIC LAWS PUBLIC OPINION PUBLIC SECTOR PUBLIC SERVANTS PUBLIC SERVICES PUNISHMENT REPRESENTATIVES RULINGS SECRECY SOCIAL POLICY TRANSPARENCY The note looks at effective anticorruption legal instruments, ensuring that laws are in place to deter corruption. However, law enforcement measures are not the first, or necessarily the preferred method of defense. An informed citizenry, a government imbued with a service ethic, and other measures can be more effective in combating corruption. But tailoring the law to enforcement capacity, generally encompass a variety of statutes that prohibit bribery, nepotism, conflicts of interest, and favoritism in the award of contracts, or the provision of government benefits. And, writing such laws contain "bright-line rules" that are contrasted with those containing standards that are open to interpretation by enforcement agencies. As an example of these "bright-line rules" the note provides the recent example from Argentina, where nepotism, and favoritism in government hiring are perceived as serious problems. Considerations to the inclusion of bright-line rules include, the preclusion of receiving gifts or payments by government employees; of interest in a corporation or entity affected by that employee's decision; of hiring relatives; and, that employees must publicly disclose assets hold. 2012-08-13T09:30:45Z 2012-08-13T09:30:45Z 2002-03 http://documents.worldbank.org/curated/en/2002/03/1998937/writing-effective-anticorruption-law http://hdl.handle.net/10986/9777 English Africa Region Findings & Good Practice Infobriefs; No. 203 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank World Bank, Washington, DC Publications & Research :: Brief Publications & Research Africa
repository_type	Digital Repository
institution_category	Foreign Institution
institution	Digital Repositories
building	World Bank Open Knowledge Repository
collection	World Bank
language	English
topic	CORRUPTION LEGAL FRAMEWORK LAW ENFORCEMENT LEGAL INSTRUMENTS CORRUPT PRACTICES BRIBERY CIVIL SOCIETY ETHICS ENFORCEMENT POWERS CAPACITY CONSTRAINTS CONFLICT OF INTERESTS CONTRACT ENFORCEMENT PUBLIC DISCLOSURE ACTIONS ANTI-CORRUPTION ANTICORRUPTION AUTHORITY BRIBERY BRIBES CITIZENS CIVIL SERVANTS CONFLICTS OF INTEREST CORRUPT ACTS CORRUPT OFFICIALS CRIME DEMOCRACY DISCRETION ECONOMIC DEVELOPMENT ETHICS GOVERNMENT ACTION GOVERNMENT AGENCIES GOVERNMENT INSTITUTIONS GOVERNMENT OFFICIALS JUSTICE LAW ENFORCEMENT LAW REFORM LAWS LAWYER LEGAL ASPECTS LEGAL FRAMEWORK LEGAL REFORM LEGAL REFORMS LEGALITY LEGISLATION LIBEL MEDIA NATIONAL INTEGRITY NATIONAL LEGISLATION NATIONS NEPOTISM PROSECUTION PROSECUTORS PUBLIC LAWS PUBLIC OPINION PUBLIC SECTOR PUBLIC SERVANTS PUBLIC SERVICES PUNISHMENT REPRESENTATIVES RULINGS SECRECY SOCIAL POLICY TRANSPARENCY
spellingShingle	CORRUPTION LEGAL FRAMEWORK LAW ENFORCEMENT LEGAL INSTRUMENTS CORRUPT PRACTICES BRIBERY CIVIL SOCIETY ETHICS ENFORCEMENT POWERS CAPACITY CONSTRAINTS CONFLICT OF INTERESTS CONTRACT ENFORCEMENT PUBLIC DISCLOSURE ACTIONS ANTI-CORRUPTION ANTICORRUPTION AUTHORITY BRIBERY BRIBES CITIZENS CIVIL SERVANTS CONFLICTS OF INTEREST CORRUPT ACTS CORRUPT OFFICIALS CRIME DEMOCRACY DISCRETION ECONOMIC DEVELOPMENT ETHICS GOVERNMENT ACTION GOVERNMENT AGENCIES GOVERNMENT INSTITUTIONS GOVERNMENT OFFICIALS JUSTICE LAW ENFORCEMENT LAW REFORM LAWS LAWYER LEGAL ASPECTS LEGAL FRAMEWORK LEGAL REFORM LEGAL REFORMS LEGALITY LEGISLATION LIBEL MEDIA NATIONAL INTEGRITY NATIONAL LEGISLATION NATIONS NEPOTISM PROSECUTION PROSECUTORS PUBLIC LAWS PUBLIC OPINION PUBLIC SECTOR PUBLIC SERVANTS PUBLIC SERVICES PUNISHMENT REPRESENTATIVES RULINGS SECRECY SOCIAL POLICY TRANSPARENCY Messick, Richard E. Kleinfeld, Rachel Writing an Effective Anticorruption Law
geographic_facet	Africa
relation	Africa Region Findings & Good Practice Infobriefs; No. 203
description	The note looks at effective anticorruption legal instruments, ensuring that laws are in place to deter corruption. However, law enforcement measures are not the first, or necessarily the preferred method of defense. An informed citizenry, a government imbued with a service ethic, and other measures can be more effective in combating corruption. But tailoring the law to enforcement capacity, generally encompass a variety of statutes that prohibit bribery, nepotism, conflicts of interest, and favoritism in the award of contracts, or the provision of government benefits. And, writing such laws contain "bright-line rules" that are contrasted with those containing standards that are open to interpretation by enforcement agencies. As an example of these "bright-line rules" the note provides the recent example from Argentina, where nepotism, and favoritism in government hiring are perceived as serious problems. Considerations to the inclusion of bright-line rules include, the preclusion of receiving gifts or payments by government employees; of interest in a corporation or entity affected by that employee's decision; of hiring relatives; and, that employees must publicly disclose assets hold.
format	Publications & Research :: Brief
author	Messick, Richard E. Kleinfeld, Rachel
author_facet	Messick, Richard E. Kleinfeld, Rachel
author_sort	Messick, Richard E.
title	Writing an Effective Anticorruption Law
title_short	Writing an Effective Anticorruption Law
title_full	Writing an Effective Anticorruption Law
title_fullStr	Writing an Effective Anticorruption Law
title_full_unstemmed	Writing an Effective Anticorruption Law
title_sort	writing an effective anticorruption law
publisher	World Bank, Washington, DC
publishDate	2012
url	http://documents.worldbank.org/curated/en/2002/03/1998937/writing-effective-anticorruption-law http://hdl.handle.net/10986/9777
_version_	1764410624479068160

Writing an Effective Anticorruption Law

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