Country: France

Europe’s Burden: Promoting Good Governance Across Borders

The EU is many things: a civilization ideal to emulate, an anchor of geopolitical stabilization, a generous donor, and a history lesson on cooperation across nations. A fixer of national governance problems, however, it is not. In this book, Mungiu-Pippidi investigates the efficacy of the European Union’s promotion of good governance through its funding and conditionalities both within the EU proper and in the developing world. The evidence assembled shows that the idea of European power to transform the quality of governance is largely a myth. From Greece to Egypt and from Kosovo to Turkey, EU interventions in favour of good governance and anti-corruption policy have failed so far to trigger the domestic political dynamic needed to ensure sustainable change. Mungiu-Pippidi explores how we can better bridge the gap between the Europe of treaties and the reality of governance in Europe and beyond. This book will interest students and scholars of comparative politics, European politics, and development studies, particularly those examining governance and corruption.

Reviews for this publication

“A blistering and contrarian critique of EU anti-corruption efforts from one of the field’s leading authorities. Based on extensive quantitative data spanning both EU member states and a large number of the union’s external partners, the book’s findings have troubling implications for the future of EU good governance strategies – and deserve to be considered with the utmost seriousness.”

Richard Youngs – Carnegie Endowment for International Peace, Europe

The EU Rule of Law Report: Unresolved Questions and a Proposal

The EU has chastised member states who do not adhere to its professed values. However, the new report about the rule of law falls short in providing the objective basis to withhold funding to those who defy democracy, a just goal still lacking the proper means. EU funds should be cut on direct and easier to prove criteria related to their poor governance, as shown in the EU Single Market procurement scoreboard. Recovery funds should not go to the political clienteles of government parties trespassing on rule of law, but to the broader constituencies of citizens and businesses in every member state.

 

The European Commission (EC) recently released a communication titled “2020 Rule of Law Report: The rule of law situation in the European Union”. The concept has never passed the test of a feasibility study and President Ursula von der Leyen has not even promised it as part of her original program. It was one of the pledges she had to make in exchange for political support during the hearings for her presidency. The report has been widely expected to offer a basis for the sanctioning of democratic backsliders such as Hungary and Poland. EC communications, however, have no binding power and can serve only to name and shame. The new report can therefore only bring some added value if its contents offer better arguments than those already in circulation. In fact, many are circulating already, as the European Parliament has not been idle and in the last two years alone interpellated Hungary, Poland, Romania, Slovakia and Malta. Hungary and Poland are also fighting an Article 7 procedure. The European Justice Court is also involved and has already issued the first rulings on such problem countries.

The report covers four areas: the justice system, the anti-corruption framework, media freedom, and other institutional checks and balances. The Commission adopted the Council of Europe’s multifold definition of rule of law, but the report exceeds it by including media. This was actually a good decision, as freedom of the media has been declining in nearly all EU countries (except Romania, where it was never very high to start with) over the last decade, and media is an essential component for the control of corruption, aside from its more general role in a democracy (Brunetti and Weder 2001). The country chapters are based upon contributions from the member states and a variety of already available, mostly European sources. The countries are not ranked on any dimension – this would have been impossible, given both the qualitative methodology used and the reticence of member states to any ranking.

The patient readers of the whole report will not find anything new. But in the event that a second edition will ever follow – and the exercise is not discontinued like its predecessor, an anti-corruption report was—a few questions are important to address and eventually debate. And at least one clearer alternative emerges if indeed there is the political will to tie EU funds on rule of law.

 

  1. Country Diagnosis Missing

Why is there not one fact-based problem statement for each country, stating clearly whether there is a problem with rule of law and if so, what does it consist of? Instead the report offers snapshots of judicial reforms in every country. The link between problems they were meant to address and these reforms is either missing or presumed. Some underlying assumption seems to exist that the organization of the judiciary is the source of its independence from government and private interests. Is that is the case, this goes against academic evidence, which shows on the basis of the same data that EC uses (Council of Europe CEPEJ) the contrary (Gutman and Voigt 2017). The independence of the judiciary does not result from specific constitutional arrangements, or the countries with the best such arrangements would have the best and most independent judiciaries. It stems from the historically developed power balance in every given country. The neglect of this simple, although counter-intuitive truth leads the reader confused about the relevance of the reforms presented to strengthen the rule of law, from digitalization in Belgium to reshuffling of the judiciary in Malta. Furthermore, why are bureaucratic mechanisms which did not deliver measurable improvements in the past decade (like the Cooperation and Verification Mechanism) advanced for the next? Is it not significant that Bulgaria—a country being assessed under the mechanism, which proposed a year ago for it to be lifted—was recently reprimanded by the European parliament?

 

  1. Corruption Levels Explain Anticorruption, Not the Other Way Around

Why is the corruption section defined as “anti-corruption framework”? An anti-corruption framework makes sense only in relation to a given country’s corruption problems. Or is everybody supposed to have a similar framework regardless of their individual problems? If a relation existed between the density of regulation on anti-corruption and a reduction of corruption, this would be more understandable. But again, the reality is exactly the opposite: the most successful national integrity frameworks in the EU (and the world) are not the most regulated, but the other way around. Hungary has far more extensive public accountability mechanisms than Finland. Yet still, it is Finland that better manages to control abuse of office for undue profit (see Figures 1,2 below). Keeping track of all changes in regulation certainly has a value in itself, but it cannot replace a sound diagnosis of each problem and a matching policy solution, relevant to the context of every country. The report counts the existence of national anti-corruption strategies as progress, instead of checking real developments. Such an approach has been already pioneered in accession and EU-neighborhood countries, which have all come to have five-year anti-corruption plans (see Moldova, Montenegro and other “champions”). Yet the few successful countries of the last three decades–-the likes of Estonia under its former prime minister Mart Laar, and Georgia under its former president Mikhail Saakashvili—evolved due to reform packages very different from such plans.

Figures 1-3. Poland and Hungary public accountability regulation surpasses Finland on every count but transparency (Source: www.europam.eu)

 

  1. The Report Does Not Cover the EU’s Cross-Border Problems

Does not this piecemeal, country-by-country approach by the Commission somewhat underscore the EU’s severe cross-border problems, which have showed the vulnerability of European common rule of law and public finance to organized crime, corruption and money-laundering? And is it not the role of EU institutions primarily to address such cross-border problems, which end up neglected because they require coordination across member states? There is very little in the report on the fundamental threats to European banks from organized crime and corruption, for instance.

 

  1. There Is Little on Transparency

Why is transparency in general, despite being shown to be one of the most effective deterrents of abuse of power and corruption, so marginal in the report? Transparency is easy to monitor and to fix, and several initiatives in Europe monitor transparency in public procurement, spending, financial and banking operations, and so forth. It is the lack of transparency that hostile powers like Russia and others use to launder their money in EU banks and pose veritable security threats. Is it really a twenty-first century strategy to rely on the under-powered European Public Prosecutor’s office, which would anyway act well after the crime is produced and even investigated administratively (by the European Anti-Fraud office) for issues such as VAT evasion? Only full digitalization and inter-connectivity of EU data on financial transactions and public procurement will allow the prevention of such problems—and some instruments exist already. But why would any progress be made if the plan is that a massive problem will be addressed by a few lengthy prosecutions after the fact?

 

  1. The Report Uses Vague and Imprecise Data

Why is the report so reliant on subjective data based on perceptions, such as Eurobarometer surveys [1] with leading questions (such as the rule of law is important, corruption is intolerable, etc.) and the Corruption Perception Index from Transparency International? The Eurobarometer surveys on rule of law and corruption are not panels using the same respondents to allow sound comparison in time—that would probably make them even more expensive than they already are. Academics have long proven that CPI, an average of expert perceptions, is not a proper tool to be used to measure corruption across years. If these surveys miss a measurement or lack a clear fact-based diagnosis of the causes of a particular problem, what can be monitored instead to track progress? Citizens’ perceptions, or the amount of regulation, despite their poor correlation with problems? Compliance with EU regulation and its implementation must be monitored, of course. But they cannot replace measuring the problems directly (judicial independence, lack of transparency, and corruption) to assess whether reforms manage to reduce them or not.

 

  1. There Is Little on Public Procurement

Why is the area most related to EU funds, public procurement, so under-represented in the report? After all, if the goal is to sanction countries by cutting their EU funds, surely the case will be made easier (in the courts as well) if a more direct link were presented between funds and misbehavior? An example are the red flag procurement indicators (such as lack of open call for tenders or single bidding) from the European Single Market scoreboard, where several poor performers openly breech EU policy targets. Yet such indicators are barely mentioned despite data repositories now tracing corruption in procurement in the European Union in real time. For instance, Poland has been leading for years in non-competitive bidding at very high proportions, which could have offered an indication that all was not well there. Similarly, research on procurement has showed Hungarian manipulation of EU funds years before OLAF opened an investigation into Viktor Orban, so such fact-based indicators do exist and deliver.

Figure 4. A Clear Picture of Offenders in EU’s Procurement Scoreboard

 

  1. aps and Biases

Why are major country facts, even for the previous year, simply missing from the report, and what methodology determined what is included and what is excluded? Is not the case of the Airbus corruption, for instance (a footnote in the France country report on the financial settlement mechanism) showing that rule of law was clearly imperfect if such practices were systematic over decades (and leaders above the law)? No word on the fact that the U.S. Foreign Corruption Practice Act seems to be behind the most important investigations into European companies—and not OECD anti-bribery convention? Surely this deserves an analytic paragraph, as it touches also on compliance and implementation, keywords of the rule of law. How can the report on Germany miss the Wirecard scandal entirely? There is now an investigation by the German parliament looking at the regulators’ conflict of interest and their failure to address the problem in time (instead, they acted against the Financial Times whistleblowers, relevant to press freedom, too). How can the report on Romania praise both the National Integrity Agency and the Anti-corruption Directorate, and not remark that the latter charged the head of the former with corruption, only for a court to finally clear him?  Would it not be better to order a deep audit of this and several high-profile cases closed by the courts, before asking for more cases? Why is there no analysis of why the Commission recommended a year ago that MCV be suspended for Bulgaria and now it seems a problematic country again (given that nobody claims that its problems appeared last year, only the protests stepped up). Finally, although the list can be much longer, how can  Luxembourg’s judiciary be praised as top of Europe, when a prison sentence of a court there against the Luxleaks whistleblowers was part of the motivation for the EU regulation on whistleblowing?

 

In conclusion:

Although some critics complained that negative comments are spread across too many countries, it is commendable that the reports tries to cover all EU member states equally and not discriminate against a few countries. However, the lack of clarity and transparency of the criteria for including or excluding facts in the absence of a clear methodology has backfired, leading journalists to assign degrees of seriousness and make diagnoses themselves. This does not necessarily result in more objectivity or depth of understanding of either problems or potential solutions.

It is undeniable that European Union member states have been backsliding on rule of law and democracy, and that action should be taken. But do we have fresher and better evidence after this report than before? And apart from backsliding on democracy, don’t we also need more awareness of what seem to be older problems of corruption and impunity? The issues at companies such as Airbus and Wirecard, in addition to those at many banks, have long been in existence and have been ignored by regulators despite warnings. Effective action needs to be based on serious audits and fact-based research on problems by professionals, not on public opinion surveys: questions like the ones above need to raised and answered for the EU to effectively confront its rule of law problems. It may be that the infringement of rights and the control of media are in a different category of problems from corruption or the imperfect independence of the judiciary, needing different solutions. This must be discussed openly.

However, this does not mean deterring action. For urgent matters, why not connect the procurement scoreboard with the cut of EU funds? The same suspects will be targeted, but with clearer and less controversial evidence: benchmarks already exist and are clear. Recovery funds should not go to the political clienteles of government parties trespassing on rule of law, but to the broader SMEs and populations of every EU MS.

 

For more details on evidence-based rule of law tools, visit:

https://www.againstcorruption.eu/

www.opentender.eu

http://www.europam.eu

http://www.integrity-index.org

 

[1] See also Europe’s Burden, chapter 5.

 

— This article is a version of a Carnegie Europe comment published under Carnegie’s Reshaping European Democracy project: https://carnegieeurope.eu/2020/10/20/unresolved-questions-on-eu-rule-of-law-report-pub-82999 —

 

Will the current crisis enable better governance, or hinder it?

The forecast of good governance on this page, the first one ever of its kind (hence it should be seen as work in progress), has come out at the very beginnings of an unprecedented destabilizing crisis for this century. It is fair to ask oneself therefore how the prognoses here will be affected.

Many positive things exist in crises such as the current one. Among others, we can count more global solidarity, more understanding of inequities of globalization and structural inequalities, and more acknowledgment of insufficient progress in recent years in delivering equal treatment and opportunity. Ethical universalism is an unfinished business even in the most advanced democracies, and there is more awareness of that than before. However, violence and anarchy are on the rise mostly in free societies, which have done the most to enable ethical universalism, and where democratic avenues to solve grievances do exist. Partisanship has crossed any limits of acceptable behavior and has become really problematic sectarianism. The center is squeezed, and civilization and civility with it.

What our science tells us is that political instability does not breed good governance, however: it’s not merit which triumphs when violence is on the rise.

It is perhaps more likely that Mr. Trump will lose elections: however, the reform-minded President Macron may also go, too, as it showed in local elections this year, and the main profiteer is the right-wing party of Madame Le Pen. The Chinese whistleblowers of the Coronavirus have not been promoted to top party hierarchy in the ministry of health: instead, they are dead and China represses Hong Kong freedom fighters with little hindrance from the international community. This is not surprising, as on some days it seems that the countries where democracy has been born and evolved ever since, even if not to perfection- US and UK- are more problematic than Russia, China, Turkey and North Korea. In the latter countries, where there is no consultation at all, nobody storms public buildings and statues whose fate should be decided by all inhabitants of a city after debate, not just angry groups. The very essential feature enabling such behavior in democratic countries- freedom and the consequent lack of fear from repression- is taken for granted increasingly. In previous times when this happened, the rights of citizenry suffered, because the absence of violence of every kind is indispensable for liberal democracies to be able to ensure rights. Populists will have an easier time rallying people around law and order if equality promoters equally promote violence and unilateralism. The most productive approach to fighting corruption as a main curtailer of individual rights might suffer in such a context.

The first amendment to the forecast is that the more political violence grows, the less positive predictions come true and more countries come under threat of losing what they have acquired, the good governance fundamentals: freedom of thought, equality before the law and the capacity to mediate between different interests through debate and limited terms popularly elected office.

The second amendment refers to the important role of technology. While in recent years we have seen intense mobilization against social media because it enables the worst social groups’ instincts- groupthink, mobbing, selective exposure, scapegoating, trolling and harassment- our research group has continued to defend it as a force for good. Social media enable people to monitor their government, to rally and protest, and such collective action is indispensable for good governance. Research has shown, however, that social media algorithms promote aggressivity online because it sells more advertising, and groups such as the Yellow Vest are profiting from it. While we are very proud to live in an era on unprecedented technological development we see daily that this does little to deter people from endorsing identity politics, and the resulting collectivism and intergroup conflict. None of these help ethical universalism, a society where everybody is treated fairly and equally, with no difference due to particular characteristics of ethnicity, race, gender, sexual orientation, or any other difference. Technology helps only if it remains a force for enlightenment- hence our component of public integrity index, enlightened citizens, those endowed with Internet household connections and associated with others through social media. We still have a strong association between their numbers and the quality of governance. But will this correlation hold if trolls and mobs become stronger than ethical universalism promoters on the Internet? In our forecast we have seen progress over the last ten years on both sides- governments have become more digital, and citizens have become better at participating. This development has resulted in mostly incremental progress so far- indeed, there is no substantial case based on digital progress alone, not even Estonia, although the progress of cases like Brazil or North Macedonia is based in part on digitalization. While we are still believers in what technology can do for good governance and solving collective action problems, technology has to stay a force for civilization and dialogue if it is to fulfill its potential.

So far, threats for good governance overshadow opportunities from the current crisis. But this Is not over and the jury is out still.

The Good Governance of the Corona Crisis

The years since 1989, the previous threshold crossed by the contemporary world have seen unprecedented stress on good governance, with the adoption of international conventions and treaties, disclosures like Panama Papers and spectacular enforcement of the older American Foreign Corrupt Practice Act. But during this interval the world largely stagnated on the quality of governance. If anything, governance in top income countries declined slightly, and in less affluent countries stayed the same. Only a handful of countries registered significant progress- those good governance ‘achievers’ that I covered with an international team of researchers in several books and articles, and which are less than a dozen across continents.

It is very significant in these days’ debate to monitor the performance of these countries in the fight with the epidemic and to compare them with their income and regional counterparts, and why not, with older good governance achievers, like US, UK or Scandinavian countries. Of some, everybody heard in the past two weeks, even if not researching anticorruption: South Korea and Taiwan. These two democracies handled the Corona crisis brilliantly, acted swiftly on evidence to prevent the spread of the virus, learned from previous epidemics and summoned e-government, technology (apps to trace contacts) and the excellent relation between state and citizens, based on transparency and trust.

In Latin America, the good governance achievers have the lowest fatality rates. By Easter 2020, Chile with 1.1% and Costa Rica with 0.5% clearly stood out compared to Nicaragua’s 11.1%, Bolivia’s 8.2%, Mexico’s 6.6%, Honduras’ 6.3, the Dominican Republic 5.6%, Brazil’s  5.7% and Ecuador with 4.7%. Uruguay also did well. Africa was still at the very beginning, but already you could see that Tunisia, who is among the very recent countries which started on the good governance path (see map) has been handling the situation better than its neighbors.

It is more difficult to judge in Europe, the land of the oldest good governance achievers, but there it also seems that many countries which have improved their governance in the last thirty years- Estonia, Georgia, the Czech Republic, Portugal- handled the crisis better than ‘old achievers’- countries like France or UK.

This highlights a previously neglected issue- that the equilibrium representing good governance, the state-society balance that we capture in the Index for Public Integrity, needs to be sustained over time and should not be taken for granted. Indeed, the John Hopkins University-EUI who  estimated UK and US far better prepared than Germany or South Korea should revisit their criteria and allow a larger role for political leadership. Also, would it not be nice to include Taiwan in the 195 countries GHS index, as clearly its governance was superior to many and so some lessons could be learned from there? Poor leadership (as well as a good one) matters. It can enable or deter collective action needed in such times, and both these old good governance achievers showed that, leading to loss of lives. From the “old achievers”, Germany confirmed the most, with a low fatality rate (compared to the other West European countries) owing a lot to the same non-populist, solid social contract, where the state acts on evidence and broad consultation, the citizens trust it to do so and the public and private sector, as well as different branches of government cooperate well. Still, Germany did not react as swiftly as either Korea or Taiwan, who had more cases after China originally, but managed to curtail the spread from very early on. Or Iceland, the marginal European island which made a prime minister resign in half a day after it turned out his family’s money was invested offshore and tested all skiers returning in one flight from Ischgl, an Austrian virus hotspot.

The more a government is able to draw on trust and technology, the swifter and more effective the response. Taiwan merged its national health insurance data with customs and immigration databases to create real-time alerts to help identify vulnerable populations. Iceland made an app which created a log of where the user had been to enable contact-tracing – sharing it with authorities being done on a voluntary basis, unlike Korea where quarantined people have to use it. Countries which used e-government tools to lower red tape and electronic means of payment to increase tax collection and diminish the unaccountable money volume- like Estonia or Uruguay- found it easier to handle the crisis. They had been already reducing personal contacts and paperwork between government and its citizens.

Acting rapidly on the evidence to prevent corruption, with the help of both responsible and critical citizens is also the essence of successful anticorruption: what you do after the outbreak already matters less, because it cannot be so effective even in the best of circumstances, that few countries enjoy anyway (like great impartial prosecutors and effective courts). The countries which had managed to build control of corruption successfully in recent times were thus far more prepared for this crisis even than those advanced countries which had received it as a heritage from their ancestors. Good governance needs current practice, but also returns dividends, as we could see during this pandemic.

France

France, the country which has historically pioneered merit based civil service and has some of the finest public accountability laws in the European Union has been constantly shaken by political corruption scandals over the past thirty years. Its judiciary is not sufficiently autonomous from government, resulting in weak prosecution of corruption, particularly at top levels. Restrictive laws and conservative minded magistrates further restrict the media’s capacity to disclose corruption rather than only reporting after official investigations begin. Transparency could be improved, and far better oversight is needed to monitor the compliance with international legislation of companies seeking government favors abroad. Recent attempts to tighten conflict of interest rules and enforce them at top political level have yet to be internalized into changes of practice.

EU Aid and the Quality of Governance

Using a panel dataset on 103 developing countries, this paper empirically analyzes the impact of the European aid flows on quality of governance in aid recipient countries. The analysis employs aggregated Official Development Data as well as disaggregated project level data. The results show that while bilateral aid from the largest European donors does not show any impact, multilateral financial assistance from the EU Institutions leads to an improvement in governance indicators. These findings thus suggest that European development assistance can help to promote good governance if aid is allocated at the EU supranational level rather than at the national level of the member states.

EU Aid and the Quality of Governance

Using a panel dataset on 103 developing countries, this paper empirically analyzes the impact of the European aid flows on quality of governance in aid recipient countries. The analysis employs aggregated Official Development Data as well as disaggregated project level data. The results show that while bilateral aid from the largest European donors does not show any impact, multilateral financial assistance from the EU Institutions leads to an improvement in governance indicators. These findings thus suggest that European development assistance can help to promote good governance if aid is allocated at the EU supranational level rather than at the national level of the member states.