Codes of Conduct for Public Officials - GRECO Findings & Recommendations
In: Bocconi Legal Studies Research Paper No. 3483590
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In: Bocconi Legal Studies Research Paper No. 3483590
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Working paper
This paper considers issues of legal regulation of moral condemnation of municipal officials and the impact of the recommendations of the Group of States against Corruption (GRECO) on the system of legal regulation of counteraction to Russian corruption. It also examines the concept and principles of anti-corruption, the grounds and procedure for bringing disciplinary proceedings against municipal officials for violating of anticorruption duties as well as issues of compliance with the rules of the Federal laws of the Russian Federation "On Combating Corruption" and "On Municipal Service in the Russian Federation," and the necessity to unify their content concerning the reasons for dismissal due to the loss of confidence in municipal and state officials for corruption offenses. The Model Code of Ethics and Official Conduct of Civil Servants of the Russian Federation and Municipal Officials is useful to defining the legal status of moral condemnation, the shape of its issuance, scope, duration and legal implications of the use.
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This paper considers issues of legal regulation of moral condemnation of municipal officials and the impact of the recommendations of the Group of States against Corruption (GRECO) on the system of legal regulation of counteraction to Russian corruption. It also examines the concept and principles of anti-corruption, the grounds and procedure for bringing disciplinary proceedings against municipal officials for violating of anticorruption duties as well as issues of compliance with the rules of the Federal laws of the Russian Federation "On Combating Corruption" and "On Municipal Service in the Russian Federation," and the necessity to unify their content concerning the reasons for dismissal due to the loss of confidence in municipal and state officials for corruption offenses. The Model Code of Ethics and Official Conduct of Civil Servants of the Russian Federation and Municipal Officials is useful to defining the legal status of moral condemnation, the shape of its issuance, scope, duration and legal implications of the use.
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Данная статья описывает рекомендация ГРЕКО, направленные на необходимость принятия законодательных мер в части установления уголовной ответственности юридических лиц за коррупционные преступления. Анализируется перспектива введения уголовной ответственности юридических лиц в национальное законодательство. Сравниваются подходы в понимании необходимости установления уголовной ответственности юридических лиц за коррупционные преступления. ; This article describes the GRECO recommendation directed to the need for legislative measures regarding the establishment of criminal liability of legal persons for corruption offenses. The prospects of the introduction of criminal liability of legal persons into national law. Compared approaches in understanding the need to establish criminal liability of legal persons for corruption offenses.
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This article examines Russia-GRECO (Group of States against Corruption) cooperation in the fi eld of anti-corruption policies by looking at the case of regulating state and municipal service. By looking at Recommendations and Evaluation Reports, the article seeks to explore the impact of GRECO on domestic norms in Russia. The question of disciplinary liability is examined further as one of the contentious points in Russia-GRECO interaction. While there is extensive literature on corruption in Russia and post-Soviet states, research on Russia's interaction with international organizations in this area is scarce. We hope to contribute to the existing research on international cooperation in the global fi ght against corruption, and to literature on states' interaction with (regional) international organizations with a view of post-Communist context. The article concludes that even if progress in the fi eld of anti-corruption struggle has been slow, certain achievements must be noted, namely Russian anti-corruption laws and their implementation.
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The master's thesis analyses anti-corruption recommendations issued to Lithuania during the period from 2005 to 2015 by international organisations – Council of Europe (GRECO), European Union and United Nations – and examines their role in reducing corruption in Lithuania. Part one examines the issue of definition and measurement of corruption, formation of collective "anti-corruption" identity, internalisation of international norms and compliance with them, following the theory of constructivism. Part two analyses three anti-corruption assessment mechanisms applied in Lithuania, identifying their strengths and weaknesses, collecting and systematising the recommendations issued to Lithuania by them. Part three explains the methodology of empirical research conducted to assess the role of anti-corruption recommendations in Lithuania. Part four analyses and summarises findings of qualitative research based on an in-depth individual interview with research participants who have had previous experience of working with international assessment mechanisms and implementation of the anti-corruption recommendations issued by them.
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The master's thesis analyses anti-corruption recommendations issued to Lithuania during the period from 2005 to 2015 by international organisations – Council of Europe (GRECO), European Union and United Nations – and examines their role in reducing corruption in Lithuania. Part one examines the issue of definition and measurement of corruption, formation of collective "anti-corruption" identity, internalisation of international norms and compliance with them, following the theory of constructivism. Part two analyses three anti-corruption assessment mechanisms applied in Lithuania, identifying their strengths and weaknesses, collecting and systematising the recommendations issued to Lithuania by them. Part three explains the methodology of empirical research conducted to assess the role of anti-corruption recommendations in Lithuania. Part four analyses and summarises findings of qualitative research based on an in-depth individual interview with research participants who have had previous experience of working with international assessment mechanisms and implementation of the anti-corruption recommendations issued by them.
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In: Smirnova, Valeria (2018). Why make political finance transparent? Explaining the Group of States against Corruption (GRECO)'s success in reforming national political finance regulation. Eur. Polit. Sci. Rev., 10 (4). S. 565 - 589. NEW YORK: CAMBRIDGE UNIV PRESS. ISSN 1755-7747
If transparency in political finance is part and parcel of democracy, why do some countries adopt internationally agreed standards to regulate political finance in a more transparent way, while others do not? This paper (a) suggests a theoretical framework to address this question, taking into account international obligations, existing party finance regulation, and demands for greater legitimacy of political institutions; (b) introduces a unique data set of 46 member-countries of the Group of States against Corruption (GRECO) project operated by the Council of Europe; and (c) concludes that unwillingness to pay the high domestic costs of changing national regulation is the prime impediment to compliance with transparency regulation proposed by GRECO. Right-of-centre cabinets are, on average, associated with a poorer level of compliance. Interestingly, compliance with recommendations which reduce the privileges of parliamentary parties does not deviate from the overall pattern.
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In: European political science review: EPSR, Band 10, Heft 4, S. 565-588
ISSN: 1755-7747
If transparency in political finance is part and parcel of democracy, why do some countries adopt internationally agreed standards to regulate political finance in a more transparent way, while others do not? This paper (a) suggests a theoretical framework to address this question, taking into account international obligations, existing party finance regulation, and demands for greater legitimacy of political institutions; (b) introduces a unique data set of 46 member-countries of the Group of States against Corruption (GRECO) project operated by the Council of Europe; and (c) concludes that unwillingness to pay the high domestic costs of changing national regulation is the prime impediment to compliance with transparency regulation proposed by GRECO. Right-of-centre cabinets are, on average, associated with a poorer level of compliance. Interestingly, compliance with recommendations which reduce the privileges of parliamentary parties does not deviate from the overall pattern.
The master's thesis analyses anti-corruption recommendations issued to Lithuania during the period from 2005 to 2015 by international organisations – Council of Europe (GRECO), European Union and United Nations – and examines their role in reducing corruption in Lithuania. Part one examines the issue of definition and measurement of corruption, formation of collective "anti-corruption" identity, internalisation of international norms and compliance with them, following the theory of constructivism. Part two analyses three anti-corruption assessment mechanisms applied in Lithuania, identifying their strengths and weaknesses, collecting and systemising the recommendations issued to Lithuania by them. Part three explains the methodology of empirical research conducted to assess the role of anti-corruption recommendations in Lithuania. Part four analyses and summarises findings of qualitative research based on an in-depth individual interview with research participants who have had previous experience of working with international assessment mechanisms and implementation of the anti-corruption recommendations issued by them.
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The master's thesis analyses anti-corruption recommendations issued to Lithuania during the period from 2005 to 2015 by international organisations – Council of Europe (GRECO), European Union and United Nations – and examines their role in reducing corruption in Lithuania. Part one examines the issue of definition and measurement of corruption, formation of collective "anti-corruption" identity, internalisation of international norms and compliance with them, following the theory of constructivism. Part two analyses three anti-corruption assessment mechanisms applied in Lithuania, identifying their strengths and weaknesses, collecting and systemising the recommendations issued to Lithuania by them. Part three explains the methodology of empirical research conducted to assess the role of anti-corruption recommendations in Lithuania. Part four analyses and summarises findings of qualitative research based on an in-depth individual interview with research participants who have had previous experience of working with international assessment mechanisms and implementation of the anti-corruption recommendations issued by them.
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Este trabajo analiza los Informes de Cumplimiento de 2016 y 2017 del Grupo de Estados contra la Corrupción del Consejo de Europa (GRECO) sobre prevención de la corrupción en España y se centra en el estudio de sus aspectos judiciales. Estos informes alertan sobre los serios peligros, provocados por la injerencia política, que acechan a los Órganos del Poder Judicial y se proyectan en la elección de los Jueces de los Altos Tribunales. Finalmente, estos informes también indican que en España no se cumplen con las recomendaciones que GRECO dirigió al Estado en 2014 a este respecto.This paper analyses the 2016 and 2017 Compliance Reports of Group of States against Corruption of Council of Europe (GRECO) about corruption prevention in Spain and it is focused on the study of its judiciary aspects. These Reports warn about the dangers of corruption in the Organs of Judiciary Government and in the election of Judges for High Courts caused by the political interference and also indicate that in Spain is not accomplished at all with the recommendations that GRECO addressed to the State in 2014.
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Facilitation is a critical element in decision-making using the tools of new technology. Voting is a tool commonly used in decision making. The choice of a voting procedure is not easy for a novice facilitator. So it is interesting to propose a recommendation system that assists novice facilitators in their voting procedures choice. There are several voting procedures, some of which are difficult to explain and which can elect different options or alternatives. The best choice is one whose election is easily accepted by the group. Voting in social choice theory is a widely studied discipline whose principles are often complex and difficult to explain at a decision-making meeting. So, a recommendation system can alleviate the facilitator on his work in finding adequate voting procedure to be applied in a group decision.
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This report illustrates the current state of malaria and highlights its incidence, the challenges linked to climate change and anti-microbial resistance, and its importance for other G7 health priorities, such as pandemic preparedness and response, global health architecture, innovation, R&D and local production. It also provides an overview of the main public and private bodies and partnerships committed to malaria elimination and concludes with a set of recommendations for the 2024 Presidency of the G7.
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In an era of unprecedented technological advancement, digital transformation is revealing its enormous potential, but also presenting new challenges. At its core, it represents a catalyst for innovation, igniting advancements that enhance productivity and propel economic growth. Thus, harnessing its transformative power holds the promise of unlocking new opportunities, solving complex challenges and ultimately shaping a more inclusive and sustainable future for humanity.
However, rapid technological progress has ushered in a new era of interconnectedness and interdependence, where nations are increasingly reliant on digital systems and networks to power their economies and safeguard their national security. In this regard, the intersection of technological advancement and the amplification of geopolitical tensions has brought into sharp focus the myriad threats that countries face in the contemporary landscape. Among others, cyberattacks, in particular, have grown more sophisticated, transcending national borders and necessitating collaboration and partnerships among nations to protect against such threats.
These challenges have prompted all major actors – both public and private – to intensify their efforts to protect their data and digital assets. They are devising and implementing a variety of risk management strategies. The empirical evidence shows that the most effective and resilient cybersecurity policies and approaches are those tailored to specific risks and security requirements. Individual organisations need to adopt the cybersecurity measures most appropriate for the challenges they face, based on a careful risk assessment. This requires the adoption of internationally recognised cybersecurity frameworks and standards that are based upon the principles of risk management and that are relevant across sectors to strengthen consistency and continuity among interconnected sectors and throughout global supply chains.
Cybersecurity threats are transnational by definition and as such they can be countered effectively only through global mechanisms aimed at risk reduction and trust building. A primary objective of multilateral cooperation should be the adoption of interoperable policy frameworks that promote international harmonisation and consistent cybersecurity mechanisms. The G7 can provide a fundamental impulse for this cooperation at the global level by encouraging the development and implementation of risk-based, consensus-driven frameworks, standards and risk management best practices. A commitment to these internationally recognised cyber risk management approaches and frameworks can advance economic security and enhance cyber resilience across the ecosystem.The G7's past initiatives
Recognising the enduring and constantly shifting landscape of cyber threats at a global level, the G7 has tried to adopt measures to confront these challenges head-on, with a particular focus on the financial sector.
In 2015, the G7 Cyber Expert Group (G7 CEG) was established as a multi-year working group responsible for coordinating cybersecurity policy and strategy among G7 member countries. The G7 CEG also serves as a channel for sharing information, establishing a common understanding of the threat landscape, and facilitating incident response by implementing risk mitigation measures. To this end, the G7 CEG organises annual incident response exercises[1] and quadrennial cross-border cyber simulations. It also produces reports on specific cybersecurity issues relevant to the financial sector.[2]
In October 2016, the G7 Fundamental Elements of Cybersecurity for the Financial Sector (G7FE) were published. The objective was to enhance the resilience of the financial system by providing a set of cybersecurity practices and assisting private and public entities in developing and implementing cybersecurity policies and operational frameworks.[3] During Germany's G7 presidency, two additional reports were drawn up by the G7 CEG, setting out fundamental elements for risk management. The G7 Fundamental Elements of Ransomware Resilience for the Financial Sector contain specific recommendations for financial market agents, focusing on how they can address the increasing threat of ransomware attacks (a type of malware that prevents from accessing devices and the data stored on it, usually by encrypting files).[4]
Moreover, the G7 Fundamental Elements for Third Party Cyber Risk Management in the Financial Sector addresses new cybersecurity risks stemming from the increasing use of service providers by financial institutions.[5] Private and public entities in the financial sector have increasingly relied on third-party relationships to support their business operations, resulting in a notable increase in the use of ICT providers in recent years. However, reliance on third parties should be coupled with robust third-party risk management to address ICT supply chain risks to individual firms. Systemic cyber risks to the financial sector may need to be addressed in a more comprehensive, holistic approach involving public and private sector stakeholders from government, supervisors, financial firms and technology companies. During Japan's Presidency in 2023, the Ministerial Declaration of the G7 Digital and Tech Ministers' Meeting, held prior to the Hiroshima Summit, addressed several important digital security issues beyond the financial sector. These included the need for international cooperation to provide secure and resilient digital infrastructure for developing and emerging economies, given their growing dependence on digital technology.
The Institutional Arrangement for Partnership (IAP) was endorsed by G7 governments at G7 Hiroshima 2023. The IAP is an international mechanism for operationalising Data Free Flow with Trust (DFFT) and represents an advancement in cross-border data flow. As today's global digital economy is fuelled by data, integrating both privacy and security measures for personal and sensitive data is paramount to safeguarding them against potential cyberattacks. Failure to do so could render them vulnerable targets for malicious exploitation.
Bringing governments and stakeholders together, IAP aims to ensure "principles-based, solutions-oriented, evidence-based, multistakeholder and cross-sectoral cooperation".[6] The IAP is hosted by OECD and is composed of the Secretariat, located within OECD, and project-based Working Groups, merging together government officials, stakeholders and experts.
Besides G7 initiatives, while comparatively limited in scope compared to them, some actions within the G20 context are also noteworthy. For example, the G20 under India's leadership adopted non-binding High-level Principles aimed at bolstering safety, security, resilience, and trust in the digital economy to support businesses.[7]
The United Nations is another major global player. The UN Security Council convened on 4 April 2024, specifically to address cyber-related issues. Hosted by the Republic of Korea and co-hosted by Japan and the United States, the session delved into the theme of the "Evolving Cyber Threat Landscape and Its Implications for the Maintenance of International Peace and Security".[8] The discussion brought attention to the narrowing gap between low-intensity, financially motivated cybercrimes and disruptive, large-scale cyberattacks, underscoring the urgent need for further proactive measures to address these evolving threats.Looking ahead
There are three areas in which the G7 can do more to address cybersecurity concerns. First, it can step up its support for the ongoing attempts to harmonise cybersecurity strategies between its member states with an eye to wider agreements in more inclusive bodies such as the G20 and the UN. Second, it should endorse efforts to establish common criteria to assess the trustworthiness of digital service providers that facilitate cross-border data flow. Third, in pursuing such goal, it should promote a wider and more systematic involvement of key stakeholders, including major industry actors as well as others that have expertise in cybersecurity, data protection and privacy.
Therefore, the G7 should consider undertaking further initiatives aimed at coming to a common understanding of what constitutes digital trust, with the goal of establishing a multilateral framework based on shared trustworthiness criteria. This framework would serve the purpose of addressing the cybersecurity, privacy and national security concerns while providing governments with a common basis by which to assess the trustworthiness of companies providing digital services and infrastructure such as cloud computing.
To that end, the G7 should call for the Data Free Flow with Trust (DFFT) Experts Group at the Institutional Arrangement for Partnership (IAP) to form a workstream that will focus on the technical work necessary for developing a multilateral framework on trustworthiness. It should call for the creation of an expert working subgroup within the IAP's DFFT expert group with the task of mapping out potential criteria to assess the trustworthiness of digital service providers. The G7 should also set up an ad hoc G7 group at the ministerial level to evaluate those criteria with the view of advancing and adopting a dedicated multilateral framework.
The G7 should also provide a forum for discussing and undertaking initiatives aimed at fostering cooperation among national bodies responsible for developing cybersecurity strategies. All G7 members have set up cybersecurity agencies to address cyber threats. Harmonising their strategies would greatly contribute to address transnational cyberattacks. The G7 should act as a key promoter of closer cooperation between national cybersecurity agencies through such activities as joint assessment of risks associated with the new technologies, sharing of best practices and coordination of standardisation efforts.Ettore Greco is Executive Vice President of the Istituto Affari Internazionali (IAI) and also Head of the Multilateralism and Global Governance programme of the institute. Federica Marconi is Researcher in IAI's Multilateralism and Global Governance programme.[1] European Central Bank, G7 Cyber Expert Group Conducts Cross-Border Coordination Exercise in the Financial Sector, 23 April 2024, https://www.ecb.europa.eu/press/pr/date/2024/html/ecb.pr240423~de1afe7ceb.en.html.[2] US Department of the Treasury website: G7 Cyber Expert Group, https://home.treasury.gov/node/970671.[3] G7 Finance Ministers and Central Bank Governors, G7 Fundamental Elements of Cybersecurity for the Financial Sector, 11 October 2016, https://www.ecb.europa.eu/paym/pol/shared/pdf/G7_Fundamental_Elements_Oct_2016.pdf.[4] German Federal Ministry of Finance, G7 Countries Adopt Reports on Cybersecurity, 13 October 2022, https://www.bundesfinanzministerium.de/Content/EN/Standardartikel/Topics/world/G7-G20/G7-Presidency/g7-reports-on-cybersecurity.html.[5] Ibid.[6] G7, Ministerial Declaration - The G7 Digital and Tech Ministers' Meeting, 30 April 2023, point 13, https://g7g20-documents.org/database/document/2023-g7-japan-ministerial-meetings-ict-ministers-ministers-language-ministerial-declaration-the-g7-digital-and-tech-ministers-meeting; Digital Agency website: Institutional Arrangement for Partnership (IAP), https://www.digital.go.jp/en/dfft-iap-en.[7] G20, G20 New Delhi Leaders' Declaration, 9 September 2023, https://g7g20-documents.org/database/document/2023-g20-india-leaders-leaders-language-g20-new-delhi-leaders-declaration.[8] Allison Pytlak and Shreya Lad, "The UN Security Council Discusses Cyber Threats to International Security", in Stimson Commentaries, 15 April 2024, https://www.stimson.org/?p=92869.
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