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

1
Sub-theme 5 Preventive measures a national
integrity system Workshop 1 The significance of
preventive measures Hans G. Nilsson Head of
Division Council of the EU
2

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

3

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

4

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

5

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

6
A comprehensive prevention strategy requires
proper coordination ? the need for national
preventive anti-corruption bodies (art. 6 UNCAC)
7

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

8

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

9
Priority fields for preventive measures (3) What
is not in the UNCAC (or with very limited
provisions)
10

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

11
Priority fields for preventive measures (5) What
is not in the UNCAC (or with very limited
provisions) 2. Tax issues ? deductibility of
bribes to foreign officials, see OECD
recommendation
12

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

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