The Anticorruption Report Vol. 4: Beyond the Panama Papers

The final title in the series The Anticorruption Report covers the most important findings of the five-year-long EU-sponsored ANTICORRP project on corruption and organized crime. How prone to corruption are EU funds? Who wins and who loses the anticorruption fight? And can we have better measurements than people’s perceptions to indicate if corruption changes? This issue introduces a new index of public integrity and a variety of other tools created in the project.

The Anticorruption Report Vol. 4: Beyond the Panama Papers looks at the performance of EU Good Governance Promotion in different countries in the European neighbourhood. Case studies focussing on Spain, Slovakia and Romania are considering the impact of EU structural funds and good governance promotion within the Union. Further chapters looking at Turkey, Egypt, Tunisia and Tanzania are analysing EU democracy and good governance support in third countries. The report, edited by Alina Mungiu-Pippidi and Jana Warkotsch offers a comprehensive and overarching look at the successes and pitfalls of the EU’s efforts to democracy promotion and introduces new ways to assess the state of good governance in different countries around the world.

Transitions to Good Governance: Creating Virtuous Circles of Anti-corruption

Why have so few countries managed to leave systematic corruption behind, while in many others modernization is still a mere façade? How do we escape the trap of corruption, to reach a governance system based on ethical universalism? In this unique book, Alina Mungiu-Pippidi and Michael Johnston lead a team of eminent researchers on an illuminating path towards deconstructing the few virtuous circles in contemporary governance. The book combines a solid theoretical framework with quantitative evidence and case studies from around the world. While extracting lessons to be learned from the success cases covered, Transitions to Good Governance avoids being prescriptive and successfully contributes to the understanding of virtuous circles in contemporary good governance.

Offering a balanced but always grounded perspective, this collection combines analytic narratives of existing virtuous circles and how they were established, with an analysis of the global evidence. In doing so the authors explain why governance is so resistant to change, and describe the lessons to be remembered for international anti-corruption efforts. Exploring the primacy of politics over economic development, and in order to understand how vicious circles can be broken, the expert contributions trace the progress of countries that have successfully transitioned. Unprecedentedly, this book goes beyond the tests of different variables to showcase human agency on every continent, and reveals why some nations make the best and others the worst of the same development legacies.

This comprehensive examination of virtuous circles of governance will appeal to all scholars with an interest in transitions, democratization, anti-corruption and good governance. Policy-makers and practitioners in the fields of international development, good governance and democracy support will find it an invaluable resource.

Reviews for this publication

“Vicious cycles, where corruption breeds corruption, present special challenges. Nevertheless, some success stories exist. The case studies in this edited volume highlight reforms that created virtuous cycles, where honesty breeds honesty. Nevertheless, the authors caution that reforms may be fragile and incomplete if policies do not shift expectations and behavior sufficiently enough toward a new, less-corrupt status quo.”

Susan Rose-Ackerman, Yale University

Crony Capitalism in the European Union: Subjective or Objective?

Long before the Panama leaks, nearly three quarters of Europeans (73%) had already endorsed the belief that bribery and connections are the easiest way to obtain public services in their respective countries. Furthermore, pan-European surveys revealed that nearly 7 out of 10 Europeans agreed that corruption was part of the business culture in their country (66% of respondents) and that favoritism and corruption hampered business competition (68% of respondents). But are such perceptions accurate, or do they reflect the general pessimism in times of austerity, uncertainty and growing inequality? This paper uses survey data to deconstruct perceptions of corruption, but also as a premiere uses fact-based data from new research projects on corruption and procurement to understand how much is real and how much is noise in the growing public perception of crony capitalism in Europe. The paper finds that individual perceptions are not disconnected with reality. Although people whose self-ascription places them in the lower part of a status scale are more inclined to perceive generalized corruption, most of the variance at both national and individual level is explained by fact based variables, for instance the number of non-competitive tenders per country.

This paper will be published in a forthcoming edited volume with Oxford University Press. Please cite as Mungiu-Pippidi, M. and Kukutschka, R. M. B (2018). Can a Civilization know its own institutional decline? A Tale of Indicators. In H. Anheier, M. Haber, and M. Kayser (eds), Governance Indicators: Approaches, Progress, Promise. Oxford: Oxford University Press.

Measuring Control of Corruption by a New Index of Public Integrity

While the last 20 years saw the invention of corruption rankings, allowing comparison between countries and the shaming of corrupt governments, such measurements are largely based on the perceptions of experts, lacking both specificity and transparency. New research, based on a comprehensive theory of governance defined as the set of formal and informal institutions determining who gets what in a given context, allow for more specific and objective, albeit indirect, measurements of control of corruption. Such measurements focus on the institutional framework which empowers public integrity and eliminates many current anti-corruption tools, while validating others. Most importantly, it provides a broader specific context which can empower reforms based on evidence and a clear measure to determine status and progress of corruption control.

Opening Public Officials’ Coffers: A Quantitative Analysis of the Impact of Financial Disclosure Regulation on National Corruption Levels

Disclosure of income, assets and conflicts of interest can serve as powerful public accountability tools to draw attention to the abuse of public office, help prosecute corrupt offenders and create a culture of scrutiny in the public sector that deters corruption. Based on data of the World Bank’s Public Accountability Mechanisms initiative, we present the first indicator that captures a country’s financial disclosure in-law effort. By employing different panel data model specifications, we use this indicator to measure how the introduction of comprehensive financial disclosure systems impacted national corruption levels for 91 countries between 1996 and 2012. We present robust results that provide tentative evidence for a positive and significant relationship between a country’s capacity to control for corruption and the expansion of financial disclosure legislation for the years following the enactment.

An Objective Corruption Risk Index Using Public Procurement Data

In order to address the lack of reliable indicators of corruption, this article develops a composite indicator of high-level institutionalised corruption through a novel ‘Big Data’ approach. Using publicly available electronic public procurement records in Hungary, we identify “red flags” in the public procurement process and link them to restricted competition and recurrent contract award to the same company. We use this method to create a corruption indicator at contract level that can be aggregated to the level of individual organisations, sectors, regions and countries. Because electronic public procurement data is available in virtually all developed countries from about the mid-2000s, this method can generate a corruption index based on objective data that is consistent over time and across countries. We demonstrate the validity of the corruption risk index by showing that firms with higher corruption risk score had relatively higher profitability, higher ratio of contract value to initial estimated price, greater likelihood of politicians managing or owning them and greater likelihood of registration in tax havens, than firms with lower scores on the index. In the conclusion we discuss the uses of this data for academic research, investigative journalists, civil society groups and small and medium business.

Measuring Government Favouritism Objectively: The Case of Romanian Public Construction Sector

Government favouritism in the allocation of public funds raises costs for any society in which corruption prevails. Particularistic transactions can be identified in three different situations: uncompetitive awards of public contracts when there is only one “competitive” tender, when public money is spent on contracts supplied by politically connected firms, and a situation of capture in which one private contractor obtains a disproportionate share of contracts issued by some public agency. This present research has tested for the relevance of those three types of particularistic transactions that signal government favouritism as they apply to the Romanian construction sector for the period from 2007-2013, and to do so has made use of original public procurement databases. Furthermore, it will be proposed here that the “kickback”—a percentage of particularistic awarded values—can be used as a measurement of corruption. Even conservatively estimated, kickbacks account for much of the cost borne by any society that fails to eradicate corruption. For our purposes here, amounts of kickbacks at county level have been controlled against criminal convictions for corruption at county level. As a result, data analysis provides strong evidence that kickbacks based on particularistic allocation of public funds are indeed relevant in the measurement of corruption, and the steps used to evaluate kickbacks can be used just as well for other countries.

Measuring Control of Corruption by a New Index of Public Integrity

While the last twenty years saw the invention of corruption rankings, allowing comparison over countries and the shaming of corrupt governments, such measurements are largely based on perceptions of experts, lacking both specificity and transparency. New research, based on a comprehensive theory of governance defined as the set of formal and informal institutions determining who gets what in a given context, allows more specific and objective, although indirect measurements of control of corruption. Such measurements focus on the institutional framework which empowers public integrity and eliminates many current anticorruption tools, while validating others. Most importantly, it provides a broader specific context which can empower reforms based on evidence and a clear measure to determine status and progress of corruption control.

This research was made possible by support of the EU FP7 ANTICORRP project (Grant agreement no: 290529) at the Hertie School of Governance.

Measuring Political Corruption from Audit Results: A New Panel of Brazilian Municipalities

Comparative research on corruption has always faced challenges on how to reliably measure this phenomenon. Indicators based on perceptions of or experience with corruption are the most common approaches, but these methods have also faced criticism regarding limitations to their conceptual and measurement validity. A number of scholars have thus sought to develop alternative, more objective, measures of corruption. Following this line of research, this paper relies on audit reports from Brazilian municipalities to construct a concrete indicator of political corruption. Data collection exploits the setup of randomized multiple audit rounds to construct a unique panel of 140 municipalities covering five administrative terms between 1997 and 2013. A first empirical application of data is presented, testing the potential deterrent effect of electoral accountability on future corruption levels.

The Anticorruption Report. Volume 3: Government Favouritism in Europe

This volume reunites the fieldwork of 2014-2015 in the ANTICORRP project. It is entirely based on objective indicators and offers both quantitative and qualitative assessments of the linkage between political corruption and organised crime using statistics on spending, procurement contract data and judicial data. The methodology used in the analysis of particularism of public resource distribution is applicable to any other country where procurement data can be made available and opens the door to a better understanding and reform of both systemic corruption and political finance. The main conclusion of this report is that public procurement needs far more transparency and monitoring in old Member States, where it is far from perfect, as well as new ones and accession countries, where major problems can be identified, partly due to more transparency and monitoring.This policy report is the third volume of the policy series “The Anticorruption Report” produced in the framework of the EU FP7 ANTICORRP Project. The report was edited by Prof. Alina Mungiu-Pippidi, PhD from the Hertie School of Governance, head of the policy pillar of the project.

Print and e-book versions of all full reports can be purchased here.

Reviews for this publication

Public infrastructure projects and other types of government procurement almost everywhere in the world suffer from favoritism and corruption, if not outright criminality. The spoils always go to the people with the right connections, wealth, or the willingness to use or threaten violence. This is among the most difficult aspects of governance for scholars to study: those who talk don’t know, and those who know don’t talk. This slim volume summarizes detailed studies of favoritism in Bulgaria, Croatia, Hungary, Italy, Romania, Turkey, and Ukraine. A final chapter shows how criminal organizations in many countries—including Mafia-like groups in Bulgaria and Italy—infiltrate national and EU-level public spending projects. Each chapter is packed with a remarkably rich set of charts, graphs, and statistical analyses that capture how much corruption exists and how it works. These succinct and eye-opening quantitative estimates of what really goes on beneath the surface of government make for indispensable reading and should straighten out anyone who doubts that the powerful always find ways to reinforce their influence and wealth, even on the “cleanest” of continents.

Andrew Moravcsik, Professor of Politics and International Affairs, Princeton University in Foreign Affairs

Uncovering High-Level Corruption: Cross-National Corruption Proxies Using Government Contracting Data

Measuring high-level corruption and government favouritism has been the object of extensive scholarly and policy interest with relatively little progress in the last decade. In order to address the lack of reliable indicators, this article develops two objective proxy measures of high-level corruption in public procurement: single bidding in competitive markets and a composite score of tendering ‘red flags’. Using publicly available official electronic records of over 2.8 million government contracts in 27 EU member states plus Norway in 2009-2014, it directly operationalizes a common definition of corruption: unjustified restriction of access to public contracts to favour a certain bidder. Corruption indicators are calculated at the level of contracts, but produce aggregate indices consistent with well-established country-level corruption indicators. Due to the common EU regulatory framework, indicators are consistent over time and across countries, while WTO regulations underpin global generalisability. Indicator validity is supported by correlations with well-established perception-based corruption indicators, and novel micro-indicators such as prices and supplier registration in tax havens. The utility of the novel indicators is demonstrated by using them to explain the effect of deregulation on corruption risks at the country level. In order to facilitate wide use of the data and indicators by researchers, journalists, NGOs, and governments, they are made publicly available at digiwhist.eu.

The Quest for Good Governance. How Societies Develop Control of Corruption

Why do some societies manage to control corruption so that it manifests itself only occasionally, while other societies remain systemically corrupt? This book is about how societies reach that point when integrity becomes the norm and corruption the exception in regard to how public affairs are run and public resources are allocated. It primarily asks what lessons we have learned from historical and contemporary experiences in developing corruption control, which can aid policy-makers and civil societies in steering and expediting this process. Few states now remain without either an anticorruption agency or an Ombudsman, yet no statistical evidence can be found that they actually induce progress. Using both historical and contemporary studies and easy to understand statistics, Alina Mungiu-Pippidi looks at how to diagnose, measure and change governance so that those entrusted with power and authority manage to defend public resources. The Quest for Good Governance presents a comprehensive empirical theory of governance unifying important disparate contributions in the areas of corruption, quality of government and rule of law and is the first attempt to directly answer the big question of what explains virtuous circles in good governance. It features research and policy tools to diagnose and build contextualized national strategies. The book was published on 27 August 2015 as a paperpack and hardcover.

Please find more information, as well as order the book on the website of Cambridge University Press.

Reviews for this publication

This is one of the most important books ever written on the most universal governance challenge of our time – how to control corruption. In this brilliant integration of theory, history, case studies and quantitative evidence, Alina Mungiu-Pippidi shows how countries move from the natural state of corruption, clientelism and particularistic governance to the impersonal norms of fairness, integrity and transparency that make for good governance. This is an indispensable work for any scholar, student or policy-maker who wants to understand how societies mobilize and states reform to control corruption.

Larry Diamond, Center on Democracy, Development and the Rule of Law, Stanford University, California

 

Along with Tilly and Acemoglu and Robinson, Mungiu-Pippidi in this volume smartly re-frames the nature of the modern state.

Elsewhere in her superbly thoughtful and conceptually enriching book, Mungiu-Pippidi focuses on how the Italian city-states in their rise to republicanism largely contained corrupt practices and, by focusing on equality, avoided the kinds of wholesale corruption that is (and has been for years) widespread in the modern Italian state.

Fortunately, Mungiu-Pippidi’s remarkable book provides a welcome trove of possible solutions to the historical problem of corruption”.

Robert Rotberg “Considering Corruption’s Curse: Venality across Time and Space”. Journal of Interdisciplinary History, Summer 2016

 

The Quest for Good Governance combines sophisticated conceptual discussion (for example, of the varying definitions of corruption and their consequences) with a historical perspective and a critical statistical analysis of various databases.  It is a good example of a multi-method approach to a huge and complex problem… I find this an accomplished and important book, and one which deserves very wide readership”.

Christopher Pollitt in International Review of Administrative Sciences, vol. 82:3, 2016

 

Reformers who read this essential book will learn rather than seeking ‘toolkits’ to attack specific corrupt activities, successful societies have made integrity and accountability widely-accepted norms, backed up by the self-interest of a wide range of citizens. Alina Mungiu-Pippidi makes clear that societies which keep corruption under control have succeeded not just a due to their present laws and enforcement, but through a longer-term story of political development, widespread expectations and the building of effective performance of public institutions.

Michael Johnston, Charles A. Dana Professor of Political Science Emeritus, Colgate University

 

Mungiu-Pippidi writes that creating collective action and providing political support is the only proven effective strategy against corruption. Specialists will appreciate the comprehensive summary and review of the literature … Highly recommended.

E. Hartwig, Choice

 

“Reading the book was really a roller-coaster… It touches upon all the key issues of corruption: It looks at measurement, theory, at policy; it uses quantitative methods, but also process tracing tools. It’s really a tour de force on various things and, while you might not agree with all of its conclusions, it really is a textbook even though it’s not a textbook on corruption”.

Finn Heinrich, Research Director at Transparency International

 

“What I was impressed by was the historical depth and the combination of various methods, from court case analysis to survey data and econometrics. You really had the impression to get a comprehensive picture. What I was also impressed by was the refusal to give easy and simple answers. This is not a cookbook; it’s a book to think about very specific cases and come up with very specific solutions.”

Hans-Dieter Klingemann, WZB

 

A strong argument for framing the anti-corruption debate in terms of ethical universalism and impartiality with a focus on grassroots citizen involvement. Mungiu-Pippidi realistically acknowledges the difficulty of lasting reform, but at the same time she usefully seeks to move the policy debate beyond platitudes to concrete proposals that can attract domestic support and fit local contexts.

Susan Rose-Ackerman, Henry R. Luce Professor of Law and Political Science, Yale University

 

Mungiu-Pippidi’s work is a significant contribution to our understanding of the subject, and one to which policymakers and international donors should pay attention. Her work systematically explores the failed and successful trajectories of different countries in arriving at norms of universalism in governance. It is an important work in its welcome focus on the importance of societal norms in creating and sustaining various types of political corruption, and in the finding that what matters most is not international efforts, but domestic ones… [ The book] would be a welcome addition to an advanced undergraduate or graduate course on the political economy of corruption, and on the political economy of development. It should also serve as required reading for domestic and international policymakers, donors, and NGO activists concerned about corruption.

Carolyn M. Warner, Arizona State University, in Governance, June 2016

 

A brief review can scarcely do justice to Mungiu-Pippidi’s complex and subtle achievement. Her book is a powerful synthesis of theory, empirical analysis, and policy prescription. She is not just a scholar but also a leading anticorruption campaigner in her home country of Romania. She has known both the sweet savor of success in promoting an anticorruption agenda, and the bitter aftertaste that comes when it falters and particularism returns. This experience underpins her analysis, and the resulting combination of hard-edged realism and scholarly care gives her writing considerable power. Readers who are familiar with a country where corruption is part of the fabric of social and political affairs—my own speciality is Indonesia—will discover many moments of recognition in these pages, as well as a framework to aid understanding and useful lessons about how to move forward. The Quest for Good Governance deserves to have a major impact on how scholars and practitioners understand corruption, and on their efforts to help societies overcome it.”

Edward Aspinall, Professor in the Department of Political and Social Change in the Coral Bell School of Asia Pacific Affairs at the Australian National University, in the Journal of Democracy.

Bureaucratic Structure, Regulatory Quality, and Entrepreneurship in a Comparative Perspective: Cross-Sectional and Panel Data Evidence

The article examines the effect of meritocratic recruitment and tenure protection in public bureaucracies on regulatory quality and business entry rates in a global sample. Utilizing a cross-country measure on the extent of meritocratic entry to bureaucracy and a time-series indicator of tenure protection, it subjects theoretical claims that these features improve the epistemic qualities of bureaucracies and also serve as a credible commitment device to empirical test. We find that, conditional on a number of economic, political, and legal factors, countries where bureaucracies are more insulated from day-to-day oversight by individual politicians through the institutional features under consideration tend to have both better regulation, specifically business regulation, and higher rates of business entry. Our findings suggest that bureaucratic structure has an indirect effect on entrepreneurship rates through better regulatory quality, but also exert a direct independent effect.

Report on Turkey on institutions in public procurement for the infrastructure sector

The report employs national data to analyse recent developments in the construction sector. However, the contract-level procurement data have not been compiled as requests for the data were unanswered by the Turkish Public Procurement Agency. Therefore, aggregate data on public procurement have been used to trace developments in law and implementation. The post-2002 incumbent AKP government has to a large extent considered construction investments as an engine of economic growth which resulted in a substantial expansion of this sector. The Turkish Public Procurement Law (PPL) came into force in 2003 to bring Turkey into compliance with EU procurement standards. Although certain improvements have been achieved, frequently introduced exemptions distorted the rules and procedures for transparency, competition and non-discrimination. A considerable number of amendments have aimed at removing major public contracts from the scope of PPL. Recently, Public-Private Partnerships (PPPs) have been used principally to build up large-scale infrastructure projects. Due to the large capital requirements and the fact that the legal structure of PPPs is largely incompatible with the PPL and the EU regulations, only a smaller group of companies which have allegedly close connections with top level politicians win PPP projects worth billions of Euros. Thus, under the current framework, PPPs in the Turkish construction sector are significantly prone to corruption risks.

Report on Romania on institutions in public procurement for the infrastructure sector

Improving infrastructure in Romania has been a significant project in the past 25 years. Unfortunately, although large amounts of public funds were spent in the construction sector from 2007 to 2013 (an average of 6.6% of GDP), the physical results in terms of project quality and completion do not match this investment. One of the explanations for this is that public contracts were awarded to companies based on corrupted practices or political connections, the focus being on redistributing public money and not achieving high quality construction works.The present research points to the fact that statistical data analysis can be used in detecting corruption. The practice of single bidding and the tendency to establish political connections exist in the entire public procurement market. Nonetheless, non-EU funded contracts present a higher corruption risk. Only 1 out of 7 contracts receiving European funding were awarded to a single bidder, as opposed to 1 out of 4 contracts financed by the state budget. Still, 1 out of every 3 contracts won by a politically connected firm involved European funding. Data analysis also concluded that the number of contracts awarded per company can be explained by single bidding and the existence of a political connection in 44% of the cases. The agency-capture analysis revealed that favouritism in public procurement occurs especially at the local level and in state-owned companies. Most of the companies that “captured” contracting authorities are politically connected firms.At the same time, the case studies give an account of how firms’ owners go to great lengths to consolidate a network of relationships with high ranking officials so as to keep their doors open and contact political elites, but also various state institutions whose activity can favour or disrupt their companies’ economic well-being.

Report on Hungary on institutions in public procurement for the infrastructure sector

This report aims to document and to investigate the extent and the determinants of government favouritism in EU funded infrastructure development. It uses a variety of qualitative and quantitative research methods. While predominantly relying on the analysis of contract-level quantitative data on Hungarian public procurement, it also provides a discussion of the institutional framework and particular cases based on document analysis and interviews.It finds that public procurement of infrastructure from national or EU Funds is a hotspot for corruption in Hungary just like in the other countries investigated by ANTICORRP Work Package 8. However, corruption is not pervasive everywhere and even high-level political influence has it limits. While the economic environment has varied greatly, public procurement spending on infrastructure followed a political logic with elections, EU funding cycles, and political power games playing a crucial role. It has proven to be one key public resource up for grabs for corrupt elites. Controls of corruption in public procurement in general are weak: not only is effective transparency very limited and declining rapidly since 2010, but also institutional remedies are likely to be controlled by the current governing party.As a result of extensive public resources available, weak controls, and a complex regulatory environment facilitating close cooperation between bidders and public bodies, corruption is widespread in infrastructure provision. Political connections, far from having a uniform impact, are effective in facilitating rent extraction only when organisational integrity is weak and both the bidders and contracting entities are politically controlled. In micro-cosmoses of high integrity, political connections are ineffective at best, but may even handicap companies.

Report on Germany on institutions in public procurement for the infrastructure sector

Germany has the highest public procurement expenditure in the EU, with an average of 370 billion euros a year between 2009 and 2013. The main objective of this report is to shed some light on the inner workings of the German public procurement system by providing a general overview of its historical development, the current trends in procurement spending and assessing potential risks for corruption. Given that Germany has two parallel procurement systems active at the time, one for contracts above the EU thresholds and one for the contracts underneath these limits, each one of them is evaluated separately. The lack of high quality tender-level data for the case of Germany made it impossible to base the risk assessment on objective indicators. Therefore, this report relies on different sources of data to determine the size of the procurement spending in the country, the manner in which it is allocated and the potential risks of corruption. The study concludes that the public procurement system in Germany – especially the one in place for contracts underneath EU thresholds – is vulnerable to corruption given its complex legislation that damages nation-wide competition, the lack of transparency in the awarding process, a clear or unified national legislation and the low utilization of e-procurement platforms.

Report on Croatia on institutions in public procurement for the infrastructure sector

This report seeks to assess the extent of favouritism – i.e., preferential treatment for some bidders over others – in the allocation of public procurement contracts in the construction sector in Croatia. The methodology is based on identifying opportunities for favouritism and evaluating the effectiveness of constraints. The research finds that Croatia’s public procurement law sets a high standard and there are numerous transparency and control mechanisms in place. Nevertheless, the integrity of procurement is undermined because a large share of it is contracted by entities which are owned by government units and thus subject to political influence and constrained by a much weaker control framework. Data on the procurement of high-value construction works is analysed for indicators of favouritism in the process or outcomes. Whilst there is only limited use of restrictive procedures, competition for public contracts is surprisingly weak in a sector under considerable economic pressure. Moreover, around one-half of the total contract value is won by tenderers which are not private companies but rather entities that are partially or fully owned by the state. This raises further questions about the potential for political leaders to influence the process in order to achieve favouritism in the allocation of public contracts, to benefit themselves or third parties. Evidence from the verdict of a trial involving high-ranking politicians suggests further that such favouritism may be widespread.

Report on Bulgaria on institutions in public procurement for the infrastructure sector

The Bulgarian public procurement market constituted 9% of national GDP on average from 2009 – 2013, which is lower than the EU average. Public procurement has been particularly important for the construction sector in the country, with approximately a third of total sector turnover deriving from public procurement in 2013. Since the onset of the economic crisis in 2008 the survival of the construction sector in Bulgaria has essentially hinged on public procurement, coming mostly from EU funds. This concentration of market power in the hands of the public administration, coupled with a history of lack of effectiveness, integrity and control, and persistent structural governance deficiencies imply significant corruption risks. Although the legal framework has continuously improved, it is subject to too frequent changes to ensure proper implementation.The firm-level analysis of the public procurement contracts awarded to the top 40 construction companies included in the paper, confirms the trend of concentration of the construction sector. The data does not confidently detect a specific type of favouritism but corruption risks are detected in specific cases, especially involving large-scale construction projects in the infrastructure and energy sectors. Anecdotal evidence abounds that powerful private operators exert pressure on the public administration to channel public procurement to major companies, linked either legally and/or through circles of influence to them.

Background report on international and European law against corruption

This report sets the background and the methodology design for the WP10 of the ANTICORRP project. WP10 seeks to explore whether and the extent to which, EU states comply with international anti-corruption norms, as well as their domestic implementation and enforcement. It has four main research objectives: a) to measure state compliance and implementation of international anti-corruption norms in Europe; b) to explore whether international law has an independent causal influence over the anti-corruption laws, policies and practices adopted by EU states; c) to identify patterns of variation of state compliance and implementation, whether cross-national, or across sectors and issue areas; and d) to explore the factors that account for significant variation across sectors or states.This report provides the empirical and analytical groundwork for pursuing the above research objectives and for defining the appropriate methodology to do so. It is divided into five main parts. In the first part, the authors briefly present the origins of how the fight against corruption became an issue of interest for the international community and for European and international organisations from the 1970s onwards, but especially since the 1990s. They then define corruption and its various aspects and forms, they discuss the difficulties in arriving at a commonly agreed definition and review some of the criticisms levelled against the legal approach to fighting corruption, as well as in regard to the domestic influence and effectiveness of international and EU law in this area more broadly. In the last part of this background section, the authors give an overview of the state of corruption in the EU28 on the basis of various indices and assessments compiled by international organisations and non-governmental organisations (NGOs).The second part of this report provides an overview of European and international legal norms and instruments against corruption, which are directly relevant for EU member states. The authors review both soft and hard law, describing their origins and how they emerged, the peer-review and monitoring mechanisms that they put in place, and how they work. The third part of the report is conceptual: it defines and analyses the concepts of compliance with, as well as implementation and effectiveness of international law. Most importantly, it conceptualises their relevance and applicability in regard to anti-corruption norms and conventions, and defines a way of measuring state compliance and implementation in this area. The fourth part of this report delineates four sectors or issue areas, which have been targeted by international and European norms against corruption: international economic transactions, conflict of interest, free speech and whistle-blowers’ protection and political party funding. The final part of the report defines the appropriate research methodology of the group of studies to be conducted within WP10, and identifies the sources of primary and secondary information and documentation to draw from in pursuing the aforementioned objectives.

The Anticorruption Report. Volume 2: The Anticorruption Frontline

From Turkey to Egypt, Bulgaria to Ukraine, and Brazil to India, we witness the rise of an angry urban middle class protesting against what they see as fundamental corruption of their politicalregimes, perceived as predatory and inefficient. Corruption is near the top of all global protesters’ list of grievances – from the Occupy movement to the Arab Spring. There is increasing demand for good governance resulting in quality education and health systems, and denunciation of sheer bread and circus populism. Volume 2 of the ANTICORRP Anticorruption Report tackles these issues across key cases and developments.

Print and e-book version of the report can be purchased here.

Natural Resource Revenues, Corruption and Expropriation

This paper develops a formal model that looks at the mutually endogenous determination of foreign direct investments in natural resource-rich countries, the decision of host governments to expropriate these investments, and the level of corruption. Higher resource production makes expropriation more attractive from the perspective of national governments. A low expropriation risk is in turn an important determinant of international investments and is therefore associated with high levels of production. Moreover, resource production leads to high levels of corruption. Theoretical results are confirmed by estimations of a simultaneous equation model for 50 resource-rich countries in which the authors endogenize expropriation risk, corruption, and resource production.

Anatomy of grand corruption: A composite corruption risk index based on objective data

Although both the academic and policy communities have attached great importance to measuring corruption, most of the currently available measures are biased and too broad totest theory or guide policy. This article proposes a new composite indicator of grand corruption based on a wide range of elementary indicators. These indicators are derivedfrom a rich qualitative evidence on public procurement corruption and a statistical analysis of a public procurement data in Hungary. The composite indicator is constructed by linkingpublic procurement process ‘red flags’ to restrictions of market access. This method utilizes administrative data that is available in practically every developed country and avoids thepitfalls both of perception based indicators and previous ‘objective’ measures of corruption. It creates an estimation of institutionalised grand corruption that is consistent over time and across countries. The composite indicator is validated using company profitability and political connections data.

Corruption manual for beginners: “Corruption techniques” in public procurement with examples from Hungary

This paper develops 30 novel quantitative indicators of grand corruption that operationalize 20 distinct techniques of corruption in the context of public procurement. Each indicator rests on a thorough qualitative understanding of rent extraction from public contracts by corrupt networks as evidenced by academic literature, interviews and media content analysis. Feasibility and usefulness of the proposed indicators are demonstrated using micro-level public procurement data from Hungary in 2009-2012. While the prime value of this broad set of indicators is the possibility of combining them into a robust composite indicator of high-level corruption, the high degree of detail also reveals that many regulatory interventions have succeeded in changing the form of corruption, but not its overall incidence.