scholarly journals THE STUDY REGARDING CORRUPTION CARRIED OUT BY THE WORLD BANK

2014 ◽  
Vol 8 (1) ◽  
pp. 7-10
Author(s):  
William Gabriel Brînză
Keyword(s):  
World Bank ◽  
Rule Of Law ◽  
Fundamental Rights ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Long Period ◽  
The World Bank ◽  
The World ◽  
Elaboration Process

For a long period of time, corruption was accepted as being an inevitable fact of life.Corruption in the 27 EU member states undermines citizens' fundamental rights, goodgovernance and the rule of law. In 2000, the World Bank carried out a study about corruptionat the request of the Romanian Government. The elaboration process and the implementationof an anticorruption strategy depend on the state’s politics and priorities.

Russia and EU Countries: Partnership for Modernization

2013 ◽  
pp. 54-61
Author(s):  
T. Romanova ◽  
E. Pavlova
Keyword(s):  
Rule Of Law ◽  
New Classification ◽  
Member States ◽  
The Rule Of Law ◽  
Normative Power ◽  
Eu Member States ◽  
The World ◽  
The Difference ◽  
The Eu

The article examines how the normative power, which the EU puts forward as an ideological basis of its actions in the world, manifests itself in the national partnerships for modernization between Russia and EU member states. The authors demonstrate the influence of the EU’s normativity on its approach to modernization as well as the difference in the positions of its member countries. It is concluded that there is no unity in the EU’s approach to democracy, human rights and the rule of law, and the new classification of EU member states, which is based on their readiness to act in accordance with the Union’s concept of normative power, is offered.

The World after the Termination of Intra-EU BIT S

2020 ◽  
Vol 5 (1) ◽  
pp. 196-211
Author(s):  
Nikos Lavranos
Keyword(s):  
Rule Of Law ◽  
Legal Systems ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Investment Protection ◽  
The World ◽  
Lower Standard ◽  
European Investment ◽  
The Eu

This article examines the potential consequences of the termination agreement recently signed by 23 EU Member States, which will soon terminate the existing intra- EU BIT S of the signatory Member States. The author concludes that the retroactive application of the termination agreement to disputes that have been initiated before this termination agreement enters into force is a serious violation of the Rule of Law. He also finds that the Facilitator procedure offered by the termination agreement is not a suitable tool to settle any ongoing intra- EU BIT disputes. In light of the significant shortcomings in the judicial legal systems of many EU Member States, the author calls for the adoption of an EU Investment Protection Regulation as well as the creation of a European Investment Court. Finally, despite the fact that the termination agreement is not intended to apply to intra- EU ECT disputes, the author expects that the fallout of the Achmea judgment will lead to substantial “reforms” of the ECT in due course. All these developments will inevitably lead to a lower standard of investment and investor protection within the EU.

scholarly journals “The Rule of Law Mechanism” and the Hungarian and Polish Resistance: European Law Against National Identity?

2021 ◽  
Vol 14 ◽  
pp. 49-67
Author(s):  
Christoph J. Schewe ◽  
◽  
Thomas Blome ◽  
Keyword(s):  
Rule Of Law ◽  
Economic Recovery ◽  
Adoption Process ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
The World ◽  
The Eu

Similarly to the rest of the world, the COVID-19 pandemic has also hit the European Union (EU) severely. In order to foster the process of the economic recovery of EU Member States, the EU Member States agreed on a financial aid package combined with a regulation – the conditionality mechanism – that provided for financial sanctions in the event of a breach of the rule of law. Given that the positions of Poland and Hungary in the adoption process of this regulation caused a controversy, this article examines general questions on the rule of law, the regulation and the background to the controversy.

Increasing Accountability and Reducing Corruption: the World Bank’s Anti-Corruption System

2019 ◽  
pp. 605-616
Author(s):  
Andrew Boutros
Keyword(s):  
World Bank ◽  
Rule Of Law ◽  
Good Governance ◽  
Fiduciary Duty ◽  
The Rule Of Law ◽  
Fair Process ◽  
The World Bank ◽  
The Poor ◽  
System P ◽  
The World

As part of its development efforts, the World Bank has a fiduciary duty to ensure that its funds are used for their intended purposes and with due attention to economy and efficiency. In furtherance of this fiduciary duty, the Bank’s anti-corruption measures seek to incorporate processes that ensure standards of good governance and conformity with principles of the rule of law. Indeed, fraud and corruption weaken institutions and divert essential resources from those who are supposed to benefit the most: the poor. Since the mid-1990s, the World Bank has worked to develop a robust sanctions system that is efficient, effective, and fair, offering accused parties a fair process through which they can present their defense. The World Bank has also sought to work with its partners to deter and prevent misconduct from occurring in the first place. This chapter describes the history and evolution of the World Bank’s sanctions system and its efforts to combat fraud and corruption in its development activities.

Performing the rule of law in international organizations: Ibrahim Shihata and the World Bank’s turn to governance reform

2018 ◽  
Vol 32 (01) ◽  
pp. 47-69 ◽  
Author(s):  
Dimitri Van Den Meerssche
Keyword(s):  
World Bank ◽  
Rule Of Law ◽  
International Organizations ◽  
Governance Reform ◽  
Academic Field ◽  
The Rule Of Law ◽  
The World Bank ◽  
Operational Life ◽  
The World ◽  
Historical Episode

AbstractIn recent years, the academic field of international institutional law has taken a clear ‘constitutional’ turn. In this normative endeavour, liberal ‘rule of law’ ideals are being reinvigorated, translated and projected onto international organizations. This article trades this well-trodden path for a socio-legal inquiry into how the ‘rule of law’ is produced, practiced and performed in the everyday political and operational life of one specific international organization (the World Bank) during one contentious historical episode. To grasp what it means for ‘law to rule’, I argue, we need to expand our archives to the daily praxis of legality: the actors that embody it; the consciousness that drives it; the politics that rely on it; and the fragile institutional balances that give it meaning. Grounded in this pragmatist perspective, I retrace the intervention of legal expertise during the Bank’s turn to state reform in the wake of the Cold War. Descending from principles to practices, from norms to acts, from abstract heights to situated performances, the article not only strives for an enhanced understanding of the ‘rule of law’ within the World Bank, but also aims at a critical methodological intervention in the field of international institutional law.

International Institutions and Political Liberalization: Evidence from the World Bank Loans Program

2017 ◽  
Vol 49 (4) ◽  
pp. 1357-1379 ◽  
Author(s):  
Allison Carnegie ◽  
Cyrus Samii
Keyword(s):  
World Bank ◽  
International Institutions ◽  
Bank Loans ◽  
Political Liberalization ◽  
Member States ◽  
Quantitative Evidence ◽  
Elite Group ◽  
The World Bank ◽  
The World ◽  
Level Of Economic Development

How do international institutions affect political liberalization in member states? Motivated by an examination of the World Bank loans program, this article shows that institutions can incentivize liberalization by offering opportunities for countries to become associated with advanced, wealthy members. In the World Bank, when a loan recipient reaches a specified level of economic development, it becomes eligible to graduate from borrower status to lender status. Using a regression discontinuity design, the study demonstrates that this incentive motivates states to improve their domestic behavior with respect to human rights and democracy. Combining qualitative and quantitative evidence, the results suggest that the desire to become a member of this elite group is responsible for motivating member states to reform due to the belief that such membership brings diffuse international and domestic benefits.

scholarly journals Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

2020 ◽  
pp. 1-22
Author(s):  
Aida TORRES PÉREZ
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Scope Of Application ◽  
Judicial Protection ◽  
Eu Fundamental Rights ◽  
The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

The EU Fiscal Risk Matrix – from government debt to climate liabilities

Studia BAS ◽  
2021 ◽  
Vol 3 (67) ◽  
pp. 45-69
Author(s):  
Iustina Alina Boitan ◽  
Kamilla Marchewka-Bartkowiak
Keyword(s):  
World Bank ◽  
Major Conclusion ◽  
Risk Matrix ◽  
Eu Member States ◽  
Debt Burden ◽  
The World Bank ◽  
Fiscal Risk ◽  
The World ◽  
Main Components ◽  
The Eu

The aim of the article is to identify the main components of government overall liabilities based on the Fiscal Risk Matrix classification introduced by the World Bank in 1999, and to estimate the amount and structure of these liabilities in European Union countries (EU Fiscal Risk Matrix). The climate liabilities definition and methodology included in the EU Fiscal Risk Matrix is also a novelty of the research. The study covered EU member states in the period 2018–2019, taking into account available data from the Eurostat database. On this basis, the EU Fiscal Risk Matrix was developed with the estimated structure of the burden of government liabilities for individual countries and the EU as a whole. The article used statistical and comparative analysis. The major conclusion of our research involves the proposal to implement a unified European methodology of government overall liabilities classification based on the EU Fiscal Risk Matrix to assess the fiscal debt burden and transparency of fiscal policy.

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