From information to predictability: transparency on the path to democratic governance. The case of Romania

2016 ◽  
Vol 84 (4) ◽  
pp. 692-710 ◽  
Author(s):  
Sabina Schnell
Keyword(s):  
Decision Making ◽  
Citizen Participation ◽  
Rule Of Law ◽  
Open Data ◽  
Freedom Of Information ◽  
Democratic Accountability ◽  
Access To Information ◽  
Multifaceted Approach ◽  
The Rule Of Law ◽  
Country Level

This article proposes a new conceptual framework for assessing transparency at the country level. It identifies three distinct interpretations of transparency: access to information; two-way communication; and predictability, or decision-making based on clear and publicly known rules. Each represents an increasingly demanding form of transparency, but all are tied to democratic accountability and the rule of law. Using the case of Romania, the article illustrates how such a framework can be employed to assess the evolution of transparency in a relatively recent democracy. Points for practitioners The virtues of transparency have been advocated by international organizations, governments, and civil society. The focus has primarily been on access to information—whether through freedom of information acts or open data. However, realizing the democratizing potential of transparency requires a multifaceted approach. This article suggests that transparency advocates should pay more attention to issues such as increasing citizen participation, opening up decision-making rather than just data, strengthening the rule of law, and fighting corruption. In other words, it argues for a more holistic discourse and practice of transparency.

Part I Introduction, Ch.2 International Organizations and International Law

2016 ◽  
Author(s):  
Peters Anne
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
State Of The Art ◽  
Legal Environment ◽  
Access To Information ◽  
Legal Scholarship ◽  
The Rule Of Law ◽  
Procedural Law ◽  
The Law

This chapter provides an overview of the state of the art of legal thought about the international organizations (IOs) as legal entities in a legal environment. IOs are legal communities in a threefold sense: they are created by law, they use law as a means of governance, and they should be governed by the rule of law. Accordingly, international law constitutes, enables, and constrains IOs. The chapter shows that legal scholarship until the 1990s was primarily concerned with the constituting and enabling function of the law (thus securing the effectiveness of IOs), while the more recent legal concern is the constraining function of the law (thus improving the accountability of IOs). In the procedural law of organizations, a tryptichon of accountability procedures has been built: transparency, participation, and access to information.

scholarly journals Does Higher Religiosity Translate into Higher Institutional Quality? Evidence From 98 Countries

SAGE Open ◽  
2019 ◽  
Vol 9 (3) ◽  
pp. 215824401986580
Author(s):  
Ayse Y. Evrensel ◽  
Itai Sened
Keyword(s):  
Rule Of Law ◽  
Institutional Quality ◽  
World Values Survey ◽  
Government Effectiveness ◽  
The Rule Of Law ◽  
Country Level ◽  
Regulatory Quality ◽  
Moral Standards ◽  
Corrupt Behavior ◽  
Government Benefits

This article examines whether individuals’ higher moral values stemming from higher religiosity lead to higher institutional quality at the country level. Based on the data from World Values Survey (WVS, 1980-2014) with 343,440 respondents, the results indicate that higher religiosity is associated with lower justifiability of corrupt behavior such as cheating on taxes, receiving false government benefits, and taking bribes. However, at the level of 98 countries from which the respondents in the WVS stem, higher religiosity seems to have an adverse effect on institutional quality as measured in corruption control, executive constraints, government effectiveness, regulatory quality, and the rule of law. Therefore, higher religiosity and moral standards at the respondent level may not translate into higher institutional quality at the country level. We discuss possible reasons for this discrepancy.

scholarly journals The Anti-enlightenment Tradition as a Source of Cynicism in the European Union

2020 ◽  
Author(s):  
Tamas Dezso Ziegler
Keyword(s):  
Decision Making ◽  
European Union ◽  
Rule Of Law ◽  
State Level ◽  
First Century ◽  
The European Union ◽  
The Rule Of Law ◽  
Refugee Law ◽  
Ideological Background ◽  
The Uk

AbstractThis article analyses the effect of the anti-Enlightenment tradition on the functioning of the European Union. This tradition covers a lack of belief in liberal values, human rights, egalitarianism, the rule of law, individualism, tolerance, and the respectful cooperation among people. Its ideological background is not new: its existence is also the reason why scholars started to talk about post-fascism in the twenty-first century. In a number of European Union member states, where autocratic tendencies have recently been witnessed (like in Hungary or Poland), it started to dominate decision-making, while its presence is also visible elsewhere, like in the UK, Germany, and Italy. This article selects four prime examples (the rule of law backlash, refugee law, Brexit, and changes to the single market) to show how arguments containing elements of the anti-Enlightenment tradition are used in a cynical way to support partisan and oppressive politics while maintaining a seemingly inclusive façade of democratic decision-making. In the European Union, this can result in dubious, un-explained measures and great policy changes both at EU and member state level.

scholarly journals Fair and Equitable Treatment Between the International and National Rule of Law

2019 ◽  
Vol 20 (4) ◽  
pp. 513-552 ◽  
Author(s):  
Velimir Živković
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
International Investment ◽  
The Rule Of Law ◽  
International Investment Law ◽  
Investment Protection ◽  
National Rule ◽  
Fair And Equitable Treatment ◽  
Investment Law ◽  
Equitable Treatment

Abstract Promoting the rule of law is a potentially strong legitimating narrative for international investment law. Illustrating the interlinkage, the ubiquitous ‘fair and equitable treatment’ (FET) standard embodies distinctly rule of law requirements. But these requirements remain open-textured and allow understanding their meaning in either more ‘international’ or ‘national’ way. An ‘international’ understanding – detached from the host State’s vision on how the rule of law should look like – should remain dominant. But I argue that decision-making under the FET standard should also involve a systematic engagement with how these requirements would be understood in the host State’s law and how they were complied with from that perspective. Whilst not determinative for establishing a breach, this assessment better respects the expectations of the parties, strengthens the persuasiveness of findings and helps enhance the national rule of law as a key contributor to the ultimate goal of investment protection – economic development.

scholarly journals Features of Coordination Activities of Prosecuting Authorities of Ukraine in the Field of Combating Crime and Corruption

2021 ◽  
Vol 7 (5) ◽  
pp. 4001-4010
Author(s):  
Anton Voitenko ◽  
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Law Enforcement Agencies ◽  
High Quality ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
And Control ◽  
Practical Recommendations

The article presents the substantiation of theoretical provisions and the development of practical recommendations for improving the coordination of prosecuting bodies of Ukraine in the field of combating crime and corruption based on studying the features of such coordination. It is proposed to understand the coordinative activity of prosecuting bodies as the direct activities of prosecutors to the organization of interaction between public authorities and the prospect of achieving the goal based on compliance with the rule of law. It is established that coordination of law enforcement agencies, including prosecuting authorities, in the context of combating crime and corruption should be based on the principles of the rule of law, legality, independence and equality of the subjects which carry out coordination activities, the obligation to implement measures to combat crime and control the implementation, systematic and complete use of various forms of coordination activities, publicity and openness in implementation of coordination measures, independence of bodies involved in decision-making, based on the results of coordination activities, the responsibility of heads of prosecuting bodies for the results of high-quality and timely coordination of measures to combat crime and corruption. It is proved that properly organized relations between the prosecuting bodies give grounds for increasing the effectiveness of the implemented measures in combating crime and corruption. It is suggested that the prospects for further research improve the administrative legislation governing the activities of the prosecuting authorities of Ukraine in combating corruption.

scholarly journals The role of records management in ensuring good governance in Africa

2020 ◽  
Vol 53 ◽  
pp. 103-123
Author(s):  
Olefhile Mosweu ◽  
Donald Rakemane
Keyword(s):  
Rule Of Law ◽  
Management Practices ◽  
Good Governance ◽  
Records Management ◽  
Access To Information ◽  
African Countries ◽  
The Rule Of Law ◽  
Economic Practices ◽  
African Context

Proper records management is central to the promotion of good governance. Africa is a continent which has generally been riddled with poor governance. Principles of good governance such as accountability, transparency and the rule of law are ascertained with available records. Poor records management practices promote bad economic practices such as corruption and fraud. An assessment of the performance of government can thus be realised through proper records management and access to information. Good records management practices therefore lead to good governance and vice versa; thus, the role of records management in promoting good governance cannot be overemphasised. However, there are some likely impediments that may hinder the promotion of good governance through records management in the African context. This paper explored the role played by records management in ensuring good governance in Africa. It then suggests strategies to promote good governance through proper records management practices. The paper contends that outdated archival laws, backlog of unprocessed records and absence of access to information laws in some African countries are the major impediments to the promotion of good governance. The paper recommends an amendment of outdated laws and the promulgation of access to information legislation as major initiatives, among others, which put records management in the forefront of promoting good governance in the continent.

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