The Lavish Corporate Hospitality: The Lawful and Unlawful Interaction of Public Officials and Private Sector Actors — Law and the Court Praxis in Finland

2013 ◽  
Vol 21 (1) ◽  
pp. 59-84
Author(s):  
Johanna Peurala

Public officials can be offered hospitality, excursions, seminars or different kinds of benefits by the business sector. These kinds of benefits can be seen to be a customary practice or the management of public relations. Finnish law does not give any clear-cut answers when a certain benefit can be seen as lawful (as a gift) or unlawful (as a bribe). The aim of this research is to clarify, based on the Finnish Criminal Code, by Finnish case law, as well as soft law instruments, the thin line between unlawful and lawful benefits in this business–public sector interaction. The article also discusses the concept of the management of public relations which the Finnish courts have mentioned as the factor that can justify the benefits given to the public officials by business sector.

Author(s):  
Manal Al-Silme

The aim of this study is to identify trends in public relations practitioners in the public and private sectors towards ethics in light of the six dimensions (PR practitioner ethics towards itself as professional, and some colleagues, some internal and external audiences are, and about his organization and about the media, and on the Internet) and their relationship to performance, the study adopted survey methodology and questionnaire designed for this purpose, and has been applied to the study sample consisted of (97) alone from the public sector public relations practitioners, and (56) alone, public relations practitioners from the private sector, and the total sample (153 Single). The results of the study showed that public relations practitioners ' responses in the public and private sectors towards themes of study (ethics dimension- level performance) came with degrees OK, with arithmetic ethics axis dimensions in the public sector (3.97 out of 5) in the private sector (3.95 out of 5), and the arithmetic of public- sector performance level axis (3.95 out of 5) in the private sector (3.86 out of 5) and it turns out the lack of statistically significant differences in trends study sample members around themes of study (ethics dimension- level performance) with different variable employment sector, as the results indicated that there was a correlation function statistically between trends toward ethics and performance in The public and private sectors, based on the results presented a set of recommendations, notably the enactment and implementation of rules and laws that help PR practitioners on perfect ethics and commitment to achieving good performance.


1992 ◽  
Vol 21 (3) ◽  
pp. 313-322 ◽  
Author(s):  
Barbara Ruhe Grumet

Ethics laws, which prescribe and prohibit certain behavior for public officials, have been enacted in response to recent scandals in federal and state government. These laws focus on methods which include financial disclosure, defining and prohibiting behaviors such as conflict of interest, and restricting private sector employment in matters directly related to public life. While these laws have some benefits, such as providing more information to the public about elected and appointed officials, they do not go far enough either to define, or prevent, unethical behavior. This paper suggests that a broader approach, focusing on specific actions of public officials, would be a better way to prevent unethical behavior in the public sector.


2017 ◽  
Vol 1 (3) ◽  
pp. 16-28
Author(s):  
Syahril Syahril ◽  
Mohd Din ◽  
Mujibussalim Mujibussalim

Korupsi adalah salah satu tindak pidana yang tidak hanya terjadi pada sector publik, namun juga pada sektor swasta seperti perbankan. Perbuatan secara melawan hukum yang dilakukan oleh pegawai, direksi, komisaris, pemegang saham, dan/atau pihak terafiliasi dengan bank yang menyebabkan terjadinya kerugian keuangan negara menjadi alasan pengenaan tindak pidana korupsi kepada pihak bankir yang bersangkutan. Berdasarkan hasil penelitian dapat disimpulkan bahwa: 1) Untuk dapat dikatakan sebagai tindak pidana korupsi, kasus kredit macet harus memenuhi unsure-unsur tindak pidana korupsi yang diatur dalam Pasal 2 dan Pasal 3 UU PTPK dan unsur-unsur tersebut harus dibuktikan kebenarannya; 2) antara Undang-Undang PTPK dengan Undang-Undang Perbankan tidak terdapat hubungan lex spesialis. Kedua undang-undang tersebut adalah aturan specialis karena disusun dalam aturan pidana tersendiri di luar KUHP; 3) Penerapan dakwaan tindak pidana korupsi terhadap kredit macet perbankan adalah suatu hal yang tidak tepat karena berdasarkan asas systematische specialiteit, Undang-undang Perbankan harus didahulukan pemberlakuannya dibandingkan dengan UU PTPK.Corruption is a crime which is not only happen in the public sector, but also on the private sector such as banking. The acts against law committed by employees, directors, commissioners, shareholders, and/or parties affiliated with the banks that caused the financial loss to state become the reason for the imposition of criminal acts of corruption to the bankers. The results of this study concluded that: 1) To be regarded as a criminal act of corruption, cases of bad loans must meet the elements of corruption under Article 2 and Article 3 of PTPK Law and these elements must be verified; 2) the Act of PTPK with the Banking Act lex specialist. Both of these laws are rules specialist for structured in separate criminal rule out the Criminal Code; 3) Implementation of the charges of corruption against bad loans of banks is something that is not right because it is based on the principle of systematische specialiteit, the Banking should come into effect as compared to the Act of PTPK.


Author(s):  
Christina Joy Ditmore ◽  
Angela K. Miller

Mobility as a Service (MaaS) is the concept through which travelers plan, book, and pay for public or private transport on a single platform using either a service or subscription-based model. Observations of current projects identified two distinct approaches to enabling MaaS: the private-sector approach defined as a “business model,” and the public sector approach that manifests as an “operating model.” The distinction between these models is significant. MaaS provides a unique opportunity for the public sector to set and achieve public policy goals by leveraging emerging technologies in favor of the public good. Common policy goals that relate to transportation include equity and access considerations, environmental impact, congestion mitigation, and so forth. Strategies to address these policy goals include behavioral incentivization and infrastructure reallocation. This study substantiates two models for implementing MaaS and expanding on the public sector approach, to enable policy in favor of the public good.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Moumita Acharyya ◽  
Tanuja Agarwala

PurposeThe paper aims to understand the different motivations / reasons for engaging in CSR initiatives by the organizations. In addition, the study also examines the relationship between CSR motivations and corporate social performance (CSP).Design/methodology/approachThe data were collected from two power sector organizations: one was a private sector firm and the other was a public sector firm. A comparative analysis of the variables with respect to private and public sector organizations was conducted. A questionnaire survey was administered among 370 employees working in the power sector, with 199 executives from public sector and 171 from private sector.Findings“Philanthropic” motivation emerged as the most dominant CSR motivation among both the public and private sector firms. The private sector firm was found to be significantly higher with respect to “philanthropic”, “enlightened self-interest” and “normative” CSR motivations when compared with the public sector firms. Findings suggest that public and private sector firms differed significantly on four CSR motivations, namely, “philanthropic”, “enlightened self-interest”, “normative” and “coercive”. The CSP score was significantly different among the two power sector firms of public and private sectors. The private sector firm had a higher CSP level than the public sector undertaking.Research limitations/implicationsFurther studies in the domain need to address differences in CSR motivations and CSP across other sectors to understand the role of industry characteristics in influencing social development targets of organizations. Research also needs to focus on demonstrating the relationship between CSP and financial performance of the firms. Further, the HR outcomes of CSR initiatives and measurement of CSP indicators, such as attracting and retaining talent, employee commitment and organizational climate factors, need to be assessed.Originality/valueThe social issues are now directly linked with the business model to ensure consistency and community development. The results reveal a need for “enlightened self-interest” which is the second dominant CSR motivation among the organizations. The study makes a novel contribution by determining that competitive and coercive motivations are not functional as part of organizational CSR strategy. CSR can never be forced as the very idea is to do social good. Eventually, the CSR approach demands a commitment from within. The organizations need to emphasize more voluntary engagement of employees and go beyond statutory requirements for realizing the true CSR benefits.


2019 ◽  
Vol 2019 ◽  
pp. 1-13 ◽  
Author(s):  
Hui Sun ◽  
Yingzi Liang ◽  
Yuning Wang

PPP model is an important model which provides public products or services based on the coordination between the public sector and private sector. The implementation of PPP model is helpful for relieving the stress of insufficient funding for public sector and improving the efficiency of resource allocation. Comparing with traditional infrastructure project, PPP project involves many stakeholders, and the cooperation efficiency during the different stakeholders impacts the results of the project directly. Thus, it is important to explore the cooperation efficiency of PPP project. Based on grey clustering model, this paper evaluates the cooperation efficiency of PPP project. An evaluation index system including 36 indexes is established based on the aims and objectives of three stakeholders (public sector, private sector, and passengers). A case study of Beijing Metro Line 4 PPP project is implemented to verify the validity and applicability of the evaluation model. And the results showed that the cooperation efficiency of Beijing Metro Line 4 PPP project is relatively high. The model also provided insights into the shortage of the cooperation efficiency of Beijing Metro Line 4 PPP project. As such, the results can assist all stakeholders in adjusting the cooperation efficiency.


2013 ◽  
Vol 14 (Supplement_1) ◽  
pp. S328-S357 ◽  
Author(s):  
Claudine Kearney ◽  
Robert D. Hisrich ◽  
Bostjan Antoncic

A model is proposed that tests the antecedents and the mediating effect of corporate entrepreneurship on the external environment-performance relationship within private and public sector organizations. Hypotheses were tested using data from a sample of chief executive officers in 51 private sector organizations in the United States, 141 private sector organizations in Slovenia and 134 public sector state and semi-state enterprises in Ireland. Data was analyzed using hierarchical regression analysis. The results show that dynamism and munificence effects on performance are mediated by an organization's corporate entrepreneurship in the private sector and munificence effects on performance are mediated by an organization's renewal in the public sector and that renewal must be in place to maximize the effect of munificence on performance. The results support a model that incorporates an extensive and diverse literature into a single model and helps illuminate similarities and differences of corporate entrepreneurship between the private sector and the public sector. The study shows that an integrative model and the interplay among the constructs yields new insights unavailable to single and focused approaches. It offers new insights about corporate entrepreneurship, not only as a discrete pursuit, but also as a construct that shapes and extends organizational performance.


2011 ◽  
Vol 14 (4) ◽  
pp. 537-556 ◽  
Author(s):  
John Holmwood

A number of commentators have suggested that the shift from a Fordist to a post-Fordist regime of political economy has had positive consequences for sociology, including the reinforcement of critical sociologies ( Burawoy, 2005 ; Steinmetz, 2005 ). This article argues that, although disciplinary hierarchies have been destabilized, what is emerging is a new form of instrumental knowledge, that of applied interdisciplinary social studies. This development has had a particular impact upon sociology. Savage and Burrows (2007) , for example, argue that sociological knowledge no longer has a privileged claim to authority and is increasingly in competition with social knowledge produced by the private sector and agencies of the public sector. The response of many sociologists to such claims has been to reassert the importance of the discipline as the purveyor of critically relevant knowledge about society. The article traces how the idea of internal critique within sociology has developed to embrace ‘knowing capitalism’ ( Thrift, 2005 ), at the same time as declaring the impossibility of sociological knowledge. The critique of sociology also becomes the critique of critique and what remains is the instrumentalization of knowledge. Where many sociologists continue to claim a special interest in critical knowledge, the article suggests that, in contrast, we potentially confront the problem that such knowledge may itself be facing a crisis of reproduction.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohamed Z. Elbashir ◽  
Steve G. Sutton ◽  
Vicky Arnold ◽  
Philip A. Collier

Purpose Recent research and policy reports indicate public sector organizations struggle to leverage information technology-based performance measurement systems and fail to effectively evaluate performance beyond financial metrics. This study aims to focus on organizational factors that influence the assimilation of business intelligence (BI) systems into integrated management control systems and the corollary impact on improving business process performance within public sector organizations. Design/methodology/approach The complete Australian client list was acquired from a leading BI vendor; and the authors surveyed all public sector organizations, receiving 226 individual responses representing 160 public sector organizations in Australia. Using latent construct measurement, structural equation modeling (SEM)-partial least squares is used to test the theoretical model. Findings When top management promotes knowledge creation among the organization’s operational level employees and support their activities with strong BI infrastructure, the same knowledge and infrastructure capabilities that are critical to assimilation in private sector hold in the public sector. However, public sector organizations generally have difficulty retaining staff with expertise in new technologies and attracting new innovative staff that can leverage smart systems to effect major change in performance measurement. When top management effectively manages knowledge importation from external entities to counteract deficiencies, public sector organizations effectively assimilate BI knowledge into performance measurement yielding strong process performance. Research limitations/implications When top management promotes knowledge creation among the organization’s operational level employees and support their activities with strong BI infrastructure, the same knowledge and infrastructure capabilities critical to assimilation in the private sector hold in the public sector. However, public sector organizations generally have difficulty retaining staff with expertise in new technologies and attracting new innovative staff that can leverage smart systems to effect major change in performance measurement. The research extends the theory behind organizational absorptive capacity by highlighting how knowledge importation can be used as an external source facilitating internal knowledge creation. This collaborative knowledge creation leads to affective assimilation of BI technologies and associated performance gains. Practical implications The results provide guidance to public sector organizations that struggle to measure and validate service outcomes under New Public Management regulations and mandates. Originality/value The results reveal that consistent with the philosophies behind New Public Management strategies, private sector measures for increasing organizational absorptive capacity can be applied in the public sector. However, knowledge importation appears to be a major catalyst in the public sector where the resources to retain skilled professionals with an ability to leverage contemporary technologies into service performance are often very limited. Top management team knowledge and skills are critical to effectively leveraging these internal and external knowledge creation mechanisms.


Author(s):  
Adyathan Dasyapu ◽  
Greeshmika Nagubilli ◽  
Jayanth V Kutcharlapati ◽  
Hari Prasad Guntuku ◽  
Shruti S Nagdeve

Purpose: Engineering, procurement, and construction (EPC) contracts are on their way to becoming the most common type of contract used by the private sector for large-scale infrastructure projects. Every project requires a strong relationship between all of the experts participating in EPC projects and the client. This relationship must be solidly established by an architect; otherwise, the project may fail for all parties involved, including the client, contractor, lenders, government, and others. The purpose of this study is to identify if the working of the EPC contracts is favourable for the architectural profession, and to identify the way in which the working could be improved. Methodology: A qualitative approach was applied to analyze the critical points of EPC contracts based upon reviews of related case studies from the public sector and supplementary interviews with professionals in the field. Main Finding: The architect's role in an EPC contract is not crucial and is equal to other stakeholders involved in the project. Also, EPC contractors have the power to dictate the workflow of the project and hence, architects might have to compromise in terms of the design, compensation, etc. Implications: It is very important for every project to have an outcome based on each stakeholders/consultants inputs specially on larger projects, this article is a step towards understanding the role of architects under an EPC contract as the future projects will come under its purview.  Novelty: The study is done under the lens of a newly graduated architect and not as any other professional, thereby trying to develop an understanding for fresh architects.


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