PREVENTING CORRUPTION OF CIVIL SERVANTS IN FRANCE, ROMANIA AND THE NETHERLANDS : A comparative study of law and policy

The main question in this comparative analysis is how the legislation and implementation of it compare to each other in these three countries, and how they implement the relevant international legal instruments. The comparison between these countries, the first at this level of detail, is possible and useful because they have considerable differences but find themselves in the same framework of shared EU-membership, civil law structure, and cultural influences. First the main international instruments, national laws, national institutions and policies are presented. Then follow five chapters,... Mehr ...

Verfasser: Bouman, Johan
Dokumenttyp: Dissertation
Erscheinungsdatum: 2021
Verlag/Hrsg.: Wolters Kluwer
Schlagwörter: Corruption;civil servants;public officials;prevention;law;policy;Romania;Netherlands;France
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-27220998
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://dspace.library.uu.nl/handle/1874/401010

The main question in this comparative analysis is how the legislation and implementation of it compare to each other in these three countries, and how they implement the relevant international legal instruments. The comparison between these countries, the first at this level of detail, is possible and useful because they have considerable differences but find themselves in the same framework of shared EU-membership, civil law structure, and cultural influences. First the main international instruments, national laws, national institutions and policies are presented. Then follow five chapters, on major corruption prevention topics: - Codes of conduct - Information and training - Appointments and promotions, screening - Conflicts of interest - Whistle-blowers - Transparency - Monitoring - Use of new technology Organising information and training for newly recruited public servants and regular training for those in the service should be just as ubiquitous and mandatory, because the rules of conduct that underlie corruption prevention practice are complex and sometimes not intuitive. However, training numbers are low in Romania and France, and in The Netherlands left to individual managers which leads to large differences between similar institutions. To prevent persons with specific risks or non-matching personal values from entering the public service, institutions in all three countries conduct background checks. The background checks are highly formalised in all three countries, and only cover part of past criminal behaviour to test a candidate’s eligibility. This practice could be improved in all three countries, by diversifying entry barriers based on risk assessments. Conflicts of interest, that endanger the civil servant by tempting him or her with private interest advantages, are the subject of extensive regulation. Dutch law leaves most of the choices to civil servants themselves, instituting few and mostly open rules and pointing out the positive effects of secondary activities for civil servants. Romania ...