A critical analysis of corruption and anti-corruption policies in Italy

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Paola Maggio
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Content Type ◽  
The Public ◽  
Seven Deadly Sins ◽  
Ne Bis In Idem ◽  
Open Source Data ◽  
Source Data ◽  
Public Ethics ◽  
Human Rights Standards

Purpose This study aims to critically analyse the Law 9 January 2019, n. 3, on “Measures to fight crimes against the public administration and on the transparency of political parties and movements” (so-called bribe-destroyer law). Design/methodology/approach This paper draws on reports, legal scholarship and other open-source data to examine a legislative innovation for the corruption in Italy in relation to the general guarantees of the trial process and with the controversial paradigm of the national perception index of bribery. Findings The Italian legislative initiative that will be examined is innovative in nature and goes beyond the constitutional and conventional principles on procedural guarantees. The new initiative needs to be integrated into the international and European action against bribery that targets criminal proceeds, and at the same time, be anchored in respect for human rights during the process. Research limitations/implications The new initiative needs to be integrated into the international and European action against bribery that targets criminal proceeds, and at the same time, be anchored in respect for human rights during the process. Practical implications Despite the aggressiveness and lofty proclamations by those who aspire to fight corruption from the highest levels, the goal of rehabilitating Italy from one of the seven “deadly sins” that delay economic growth still seems far off. Social implications In the absence of public ethics, the increase in criminalisation does not seem sufficient on its own to guarantee the containment of the phenomenon. Originality/value This study examines the strengths and weaknesses of the important new law, its compatibility with human rights standards and its relationship to international standards of anti-bribery policies. The aggressive legislation critically relies on the pervasive and persistent lack of perception of corruption as a crime. In the confiscation (and now also reparation) of equivalent that normally addresses assets accumulated in a lawful manner, the periculum is even presumed in re ipsa and the classical aims of caution undergo a total torsion revealing an authoritarian face that takes on the meaning of anticipating further sanctioning contents. Finally, the presence of many levels of sanctioning in relation to the same fact poses serious problems of violation of the ne bis in idem rule.

Asset recovery: a Swiss leap forward?

2017 ◽  
Vol 20 (2) ◽  
pp. 150-158 ◽  
Author(s):  
George Pavlidis
Keyword(s):  
Human Rights ◽  
Design Methodology ◽  
International Standards ◽  
Extensive Experience ◽  
Content Type ◽  
Open Source Data ◽  
Asset Recovery ◽  
Source Data ◽  
National Norms ◽  
Human Rights Standards

Purpose International asset recovery proceedings may be hindered by several obstacles, especially in the case of “failed states” or of states that experience a regime change. In this context, Switzerland, a country with extensive experience in asset recovery, attempted two legislative leaps forward, the first in 2011 and the second in 2016. The purpose of this paper is to critically examine the legislative innovations in Switzerland, with special reference to their strengths, weakness and compatibility with human rights standards. Design/methodology/approach This paper draws on legal scholarship, jurisprudence, reports and other open source data, to analyze two important legislative innovations in Switzerland [Law on the Restitution of Assets of Criminal Origin of 2010 (LRAI) and law on assets of illicit origin (LVP). Findings The two Swiss legislative initiatives that will be examined (LRAI and LVP) are innovative in nature, but serious weaknesses and obstacles to asset recovery remain unaddressed. Despite their flaws, these two legislative innovations can inspire positive change in international and national norms. They can be viewed as part of a work-in-progress for the reinforcement of asset recovery proceedings and international cooperation in this domain. Originality/value Since the new law on asset recovery (LVP) came into force (July 1, 2016), this has been the first study examining the strengths and weaknesses of the adopted text, its compatibility with human rights standards and its potential influence on international standards of asset recovery.

Learning from failure: cross-border confiscation in the EU

2019 ◽  
Vol 26 (3) ◽  
pp. 683-691 ◽  
Author(s):  
Georgios Pavlidis
Keyword(s):  
Human Rights ◽  
Paradigm Shift ◽  
Mutual Recognition ◽  
Lessons Learned ◽  
International Standards ◽  
Content Type ◽  
Cross Border ◽  
Open Source Data ◽  
Human Rights Standards ◽  
The Eu

Purpose The purpose of this paper is to critically examine the strengths and weaknesses of a new European Union (EU) initiative attempting an interesting paradigm shift in the field of cross-border asset freezing and confiscation. The entry into force of the Lisbon Treaty and lessons learned from the manifest failure of past EU initiatives (Framework Decisions 2003/577/JHA and 2006/783/JHA) have allowed for such a paradigm shift for the strengthening of mutual recognition of freezing and confiscation orders in the EU. Design/methodology/approach This paper draws on reports, legal scholarship and other open source data to examine a legislative innovation for the mutual recognition of freezing and confiscation orders in the EU. Findings The EU legislative initiative that will be examined is innovative in nature and goes beyond international norms on cross-border asset freezing and confiscation. The new initiative needs to be integrated into the broader EU framework that targets criminal proceeds, and at the same time, to be anchored to respect for human rights. Originality/value This study examines the strengths and weaknesses of an important new EU initiative, its compatibility with human rights standards and its relationship to international standards of cross-border asset freezing and confiscation.

Global sanctions against corruption and asset recovery: a European approach

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Georgios Pavlidis
Keyword(s):  
European Union ◽  
Human Rights ◽  
Design Methodology ◽  
The European Union ◽  
Content Type ◽  
Open Source Data ◽  
Asset Recovery ◽  
Source Data ◽  
The Uk ◽  
The Eu

Purpose This paper aims to critically examine whether it is timely and actionable for the European Union (EU) to adopt a global sanctions regime against corruption and how such a regime can be designed to maximise its efficiency. This paper argues that developing such a dedicated framework is necessary, feasible and supportive of the international fight against corruption and the efforts to enhance the recovery of corruption proceeds. Design/methodology/approach This paper draws on reports, legislations, legal scholarships and other open-source data on global sanctions against corruption and the recovery of corruption proceeds. Findings This paper argues in favour of a dedicated global sanctions regime against corruption, which is necessary to mitigate significant risks for the EU internal market. Originality/value To the best of the authors’ knowledge, this study is one of the first to examine recent legislative developments, such as the EU Global Human Rights Sanctions Regime and the UK Global Anti-Corruption Sanctions Regulations, and the possible development of an EU-dedicated global sanctions regime against corruption with strong asset recovery components.

The surveillance of a supreme audit institution on related party transactions

2020 ◽  
Vol 32 (4) ◽  
pp. 577-603
Author(s):  
Gustavo Cesário ◽  
Ricardo Lopes Cardoso ◽  
Renato Santos Aranha
Keyword(s):  
Public Sector ◽  
Latent Dirichlet Allocation ◽  
Topic Model ◽  
Conflicts Of Interest ◽  
International Standards ◽  
Content Type ◽  
Related Party Transactions ◽  
The Public ◽  
Audit Reports ◽  
Dirichlet Allocation

PurposeThis paper aims to analyse how the supreme audit institution (SAI) monitors related party transactions (RPTs) in the Brazilian public sector. It considers definitions and disclosure policies of RPTs by international accounting and auditing standards and their evolution since 1980.Design/methodology/approachBased on archival research on international standards and using an interpretive approach, the authors investigated definitions and disclosure policies. Using a topic model based on latent Dirichlet allocation, the authors performed a content analysis on over 59,000 SAI decisions to assess how the SAI monitors RPTs.FindingsThe SAI investigates nepotism (a kind of RPT) and conflicts of interest up to eight times more frequently than related parties. Brazilian laws prevent nepotism and conflicts of interest, but not RPTs in general. Indeed, Brazilian public-sector accounting standards have not converged towards IPSAS 20, and ISSAI 1550 does not adjust auditing procedures to suit the public sector.Research limitations/implicationsThe SAI follows a legalistic auditing approach, indicating a need for regulation of related public-sector parties to improve surveillance. In addition to Brazil, other code law countries might face similar circumstances.Originality/valuePublic-sector RPTs are an under-investigated field, calling for attention by academics and standard-setters. Text mining and latent Dirichlet allocation, while mature techniques, are underexplored in accounting and auditing studies. Additionally, the Python script created to analyse the audit reports is available at Mendeley Data and may be used to perform similar analyses with minor adaptations.

Paraguay counterinsurgency force is under threat

2016 ◽  
Keyword(s):  
Human Rights ◽  
Political Capital ◽  
Public Hearing ◽  
Content Type ◽  
The Public ◽  
Political Failure ◽  
Operational Capacity

Significance The Senate will hold a public hearing on the counterinsurgency unit, Fuerza de Tarea Conjunta (FTC), in Concepcion or Horqueta on September 2 and will formally debate a motion to shut it down on September 8. Impacts The opposition will seek to make political capital from Cartes's greatest political failure, trying to show him as unfit for re-election. The most likely outcome is the introduction of some mechanism making the FTC a bit more accountable, both to Congress and the public. Nevertheless, corruption and human rights concerns will continue to affect the FTC's support and operational capacity.

scholarly journals Interpretation Consistent with International Law? The Detention of Asylum Seekers in South Africa

Refuge ◽  
2002 ◽  
pp. 6-11
Author(s):  
Jaya Ramji
Keyword(s):  
South Africa ◽  
Human Rights ◽  
International Law ◽  
South African ◽  
Asylum Seekers ◽  
Training Programs ◽  
International Standards ◽  
African Government ◽  
Human Rights Standards ◽  
And Training

On paper, South African law concerning detention of asylum seekers appears consistent with international standards. However, the text of the Act is vague and overly broad, permitting interpretations inconsistent with international human rights standards. Further, in practice, officials often fail to uphold even the lowest standards of the Act, in violation of South African law. In order to protect the rights of asylum seekers, the South African government should institute formal guidelines and training programs, as well as a system of strong supervision and accountability, to ensure that the Act and Regulations are interpreted in a manner consistent with international law. Such a step will enable South Africa to live up to its noble post-apartheid human rights ideals.

scholarly journals KEBERLAKUAN ASAS NE BIS IN IDEM TERHADAP PUTUSAN PENGADILAN ADAT DALAM TATA HUKUM INDONESIA

2019 ◽  
Vol 4 (1) ◽  
pp. 49
Author(s):  
Masril Masril ◽  
Ade Kosasih
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Criminal Law ◽  
Customary Law ◽  
The Public ◽  
Ne Bis In Idem ◽  
Legal Uncertainty ◽  
Customary Court ◽  
Principle Of Legality

Abstract: The number of cases have been decided and executed by the Customary Court, but are still being processed and tried according to national law. It creates legal uncertainty and tends to conflict with the values of justice and human rights. This tendency is due to law enforcers who prioritize the principle of nullum delictum noella poena sine pravea lege poenali. The criminal law also acknowledges the principle of ne bis in idem for every decided and executed cases, including the Decision of the Adat Court. The result describes that the application of the principle of ne bis in idem to the Decision of the Customary Court has a place in Indonesian law. This can be recognized from the existence of a Supreme Court jurisprudence which states that if a case has been decided by the Adat Court and brought back to court, the Public Prosecutor's indictment must be declared "unacceptable" Niet On vankelijke Verklaark. The implementation of the principle of legality is not only interpreted as nullum delictum sine lege, seen as formal legality, but also as nullum delictum sine ius, material legality by recognizing customary law as a source of law.Keywoords: Ne bis in idem, Verdict, Customary Court.

scholarly journals Reformation issues of the Penal system in the Republic of Kazakhstan

2020 ◽  
Vol 2 (3) ◽  
pp. 168-175
Author(s):  
Marat Azhibaev
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Main Idea ◽  
International Standards ◽  
Penal System ◽  
The Public ◽  
Effective System ◽  
System 2 ◽  
Internal Affairs ◽  
The Republic

The article is devoted to the experience of the Republic of Kazakhstan in reforming the penal system by transferring it from the law enforcement to the civil block. Taking into account the world experience, the transfer of the penal system to a non-law enforcement structure, including one based on public-private partnership, seemed to be the most promising direction of the planned reform to humanize the domestic penal legislation. The main idea was that a Civil Agency, not associated with the tasks of protecting public order and fighting crime, will be able to ensure the planned implementation of the state policy on reforming the penal system. In 2002, correctional facilities were fully transferred to the Ministry of Justice of the Republic of Kazakhstan. But the events that took place further (a number of armed escapes with human victims) actually showed that the Ministry of Justice of the Republic of Kazakhstan did not cope with the task assigned to it, and the goal of reforming the penitentiary system was not achieved. By decree of the President of the Republic of Kazakhstan (adopted on 26.07.2011) “On the penitentiary system”, the penal system was again transferred to the Ministry of Internal Affairs of the Republic of Kazakhstan. Today, the penal system in Kazakhstan actually operates autonomously in the system of the Ministry of Internal Affairs, not subordinate to other services and departments. At the same time, according to the author, the transfer of the penal system to a Civil Agency will make it possible to increase the openness of this institution. In addition, this step will provide access to the real situation of human rights in places of detention for the public and supervisory authorities. However, domestic and foreign experience shows that the transfer of the penal system to civil departments, its isolation as a separate body does not guarantee its deep humanization and effective system reforms. Being inside the civil department, it actually continues to work on previously established practices, limiting it with cosmetic changes. Therefore, if the purpose of transferring the penal system or its divisions to other bodies is to comply with international standards and reduce criticism of human rights organizations, then this should not be done without a high-quality study. Based on the research, the author comes to the conclusion that in order to implement reforms in the penal system of the Republic of Kazakhstan, it is necessary to: 1) to develop a single comprehensive scientific and practical approach when reforming the penal system; 2) to conduct a qualitative study of the risks that may be associated with decisions taken within the framework of the reform; 3) implementation of foreign and international experience should be carried out only taking into account the specifics of national legislation and the structure of the state’s law enforcement system.

Money laundering in Ukraine

2015 ◽  
Vol 18 (3) ◽  
pp. 382-394 ◽  
Author(s):  
Graham Stack
Keyword(s):  
Open Source ◽  
Money Laundering ◽  
Tax Evasion ◽  
International Political Economy ◽  
Foreign Banks ◽  
Financial Flows ◽  
Content Type ◽  
Soviet State ◽  
Open Source Data ◽  
Source Data

Purpose – This paper aims to examine the role in tax evasion and corruption played in Ukraine by money-laundering organisations called “conversion centres”: networks of sham firms and banks implementing “black cash” schemes that facilitate tax evasion by the private sector and embezzlement by the state sector. The paper describes their embedding both in a post-Soviet state as well as in the international political economy. Design/methodology/approach – It draws on scholarship, journalist investigations, court records, government agency reports and other open source data and interviews with market participants. It first describes “conversion centres” as an ideal type and then presents three case studies, focusing on international financial flows and the domestic political setting. Findings – Ukraine’s conversion centres generate significant international flows of dirty money handled by specialised foreign banks mostly in the Baltic states. Domestically, conversion centres thrive through state capture, resulting from their facilitation of embezzlement by state actors. Research limitations/implications – Open source data and investigative methods make it possible to conduct empirical research in crime and corruption in the post-Soviet context. As open sources expand, the scope for such enquiry will increase. Originality/value – This is the first empirical description of “black cash” money-laundering platforms in terms of embedding in a post-Soviet state and in the international financial system.

OGRANIČENjE LjUDSKIH PRAVA U VREME PANDEMIJE COVID-19 I USKLAĐIVANjE SA EVROPSKIM VREDNOSTIMA

2021 ◽  
pp. 63-74
Author(s):  
Dragan Bataveljić ◽  
Keyword(s):  
Human Rights ◽  
International Standards ◽  
European Convention ◽  
Global Level ◽  
Freedom Of Choice ◽  
European Values ◽  
New Challenges ◽  
European Standards ◽  
Human Rights Standards ◽  
Number Of Customers

The situation in which the mankind found itself at the beginning of 2020 as a result of Covid-19 pandemic has and will have significant impact on human rights on the global level. Namely, the majority of countries worldwide have imposed various measures aimed at combating the pandemic and spreading of virus, like restrictions of free movement, border closures, travel bans within and outside the country, introduction of lockdown and curfew hours, closing of bars and restaurants or restricting of opening hours and the number of customers, etc. What is important to consider here is whether these measures have been imposed based on existing regulations and according to international standards, before all the European Convention on Human Rights and established European values. The pandemic which has spread to entire world and the measures that the countries have imposed aimed at its containment have challenged the compliance with human rights standards worldwide. Therefore it is necessary to conduct a detail analysis and point out to the possible violation of these rights and liberties, as well as to invest additional efforts in adjusting national legislation to European standards and international acts that regulate this matter in order to overcome the new challenges which the pandemic poses in our everyday life. Since January 2020 we have faced the problems related to the freedom of choice since freedom, in its general sense, assumes the freedom of choice for a human being to select an option of his own will and make sovereign decisions.

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