Michael, Bryane and Bowser, Donald (2013): The Design and Implementation of Ethics-Related Administrative Law in Eastern Europe. Published in:
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Abstract
How can senior policymakers use data in the design of ethics (anti-corruption) related legislation and regulations? In this paper, we describe how to draft subsidiary legislation (mainly executive agency regulations) based on explicit or implied competencies given by national legislation. We then discuss how to conduct the organisational, legal, economic and audit analysis needed to allocate ethics-related rights and obligations across-government and within the Agency. We illustrate with an example from Romania and use the tools we have presented to make recommendations for Hungary. We describe the roles that the human resource managers and internal auditors play in implementing the provisions of Agency-level ethics-related regulations. We conclude by encouraging policy makers to make greater use of ethics-related regulations.
Item Type: | MPRA Paper |
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Original Title: | The Design and Implementation of Ethics-Related Administrative Law in Eastern Europe |
Language: | English |
Keywords: | anti-corruption, administrative law, codes of conduct |
Subjects: | M - Business Administration and Business Economics ; Marketing ; Accounting ; Personnel Economics > M4 - Accounting and Auditing > M42 - Auditing O - Economic Development, Innovation, Technological Change, and Growth > O2 - Development Planning and Policy > O29 - Other |
Item ID: | 52070 |
Depositing User: | Bryane Michael |
Date Deposited: | 09 Dec 2013 04:36 |
Last Modified: | 01 Oct 2019 20:24 |
References: | Demmke, C. M. Bovens, T. Henökl, K. van Lierop, T. Moilanen, G. Pikker and A. Salminen. Regulating Conflicts of Interest for Holders of Public Office in the European Union: A Comparative Study of the Rules and Standards of Professional Ethics for the Holders of Public Office in the EU-27 and EU Institutions. European Institute of Public Administration. Available online. European Institute of Public Administration. (2004). Survey for the 42nd Meeting of the Directors-General of the Public Service of the European Union Member States: Ethics in the Public Services of the European Union Member States. Dublin, Ireland, 27-28 May 2004. Available online. Garcia-Sanchez, Isabel Maria, Luis Rodriguez-Dominguez and Isabel Gallego-Alvarez. (2011). Effectiveness of Ethics Codes in the Public Sphere: Are They Useful in Controlling Corruption? International Journal of Public Administration 34(3). Huberts, Leo, Jeroen Maesschalck and Carole Jurkiewicz. (2008). Ethics and Integrity of Governance: Perspectives Across Frontiers. Edward Elgar Pub. Michael, Bryane. (2012). Issues in Anti-Corruption Law: How Can Code of Conduct Laws Be Drafted in Order to Reduce Corruption in a Public Sector like Romania’s? European Law Journal 18(2):289-322. Moilanen, Timo and Ari Salminen. (2006). Comparative Study on the Public-service Ethics of the EU Member States. EUPAN Human Resources Working Group Report. Available online. Palidauskaite, Jolanta. (2003). Codes of Conduct for Public Servants in Eastern and Central European Countries: Comparative Perspective. Paper presented at the EGPA Annual Conference, Oeiras. Sampford, Charles and Carmel Connors (Eds). (2006). World Ethics Forum Conference Proceedings, Leadership, Ethics and Integrity in Public Life held 9–11 April 2006, Keble College, University of Oxford, UK. Sossin, Lorne and Charles Smith. (2003). Hard Choices and Soft Law: Ethical Codes, Policy Guidelines and the Role of the Courts in Regulating Government. Alberta Law Review 40: 867-893. Svensson, Goran and Greg Wood. (2004). Public sector ethics in Sweden: a 4P-model of internal and external determinants in codes of ethics. Corporate Governance 4(3): 54 – 64. Van Blijswijk, Jacques, Richard van Breukelen, Aimee Franklin, Jos Raadschelders, and Pier Slump.(2004). Beyond Ethical Codes: The Management of Integrity in the Netherlands Tax and Customs Administration. Public Administration Review 64(6). |
URI: | https://mpra.ub.uni-muenchen.de/id/eprint/52070 |