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Sub-theme 5: Preventive measures: a national integrity system Workshop 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. Scope of the presentation (1)

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Sub-theme 5: Preventive measures: a national integrity system Workshop 1

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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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