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Enhancing National Integrity: Effective Preventive Measures Against Corruption

This workshop, led by Hans G. Nilsson from the Council of the EU, explores the crucial role of preventive measures in curbing corruption. It distinguishes the concept of prevention within the framework of the UNCAC and highlights how to reduce opportunities for bribery through comprehensive strategies. The discussion focuses on priority areas such as public and private sector accountability, political funding, and the importance of a coordinated approach involving national anti-corruption bodies. Key insights into the limitations and potentials of legal instruments in preventing corruption are also addressed.

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Enhancing National Integrity: Effective Preventive Measures Against Corruption

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  1. Sub-theme 5: Preventive measures: a national integrity system Workshop 1 The significance of preventive measures Hans G. Nilsson Head of Division Council of the EU

  2. Scope of the presentation (1) • Preventing corruption is about reducing the opportunities and the inclination to bribe or be bribed  the whole scope of this forum In this presentation, a more limited concept = prevention as understood in Chapter II of the UNCAC

  3. Scope of the presentation (2) • Does not cover (although the goal includes prevention): • implementation of anti-corruption strategies/instruments, monitoring and evaluations • measures related to criminal law and cooperation in criminal matters • Nevertheless, "prevention" of corruption implies a global approach.

  4. "Prevention" as such in international legal instruments (1) • The Convention of the African Union : explicitly dedicated to prevention (title of the convention) • Other instruments are usually more specific but often deal implicitly with prevention (such as art. 8 of the OECD Convention) • Nevertheless, before the UNCAC, prevention was mainly left to non binding instruments

  5. "Prevention" as such in international legal instruments (2) • UNCAC : • Its first substantive chapter is dedicated to preventive measures (chapter II) • However: cautious language used in Chapter II, limited obligations

  6. A comprehensive prevention strategy requires proper coordination  the need for national preventive anti-corruption bodies (art. 6 UNCAC)

  7. Priority fields for preventive measures (1) • What is in Chapter II of the UNCAC : • Public sector : • public administration (career rules, selection, training, remuneration) • public procurement

  8. Priority fields for preventive measures (2) • What is in Chapter II of the UNCAC : • 2. Private sector • accounting and auditing standards, … • …

  9. Priority fields for preventive measures (3) What is not in the UNCAC (or with very limited provisions) :

  10. Priority fields for preventive measures (4) • What is not in the UNCAC (or with very limited provisions) : • Political life • funding of political parties (art. 7.3. UNCAC  very limited) • transparency for the mandates of politicians

  11. Priority fields for preventive measures (5) What is not in the UNCAC (or with very limited provisions) : 2. Tax issues  deductibility of bribes to foreign officials, see OECD recommendation

  12. Prevention of corruption in the Law Enforcement • and Justice sector • specific importance of the sector • work at international level regarding ethic standards in the police • - …

  13. Sub-theme 5: Preventive measures: a national integrity system Workshop 1 The significance of preventive measures Hans G. Nilsson

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