Michael, Bryane --- "Activist Regulatory Practices in Corruption Prevention: A Case Study from Montenegro" [2011] ELECD 1007; in Graycar, Adam; Smith, G. Russell (eds), "Handbook of Global Research and Practice in Corruption" (Edward Elgar Publishing, 2011)

Book Title: Handbook of Global Research and Practice in Corruption

Editor(s): Graycar, Adam; Smith, G. Russell

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849805018

Section: Chapter 20

Section Title: Activist Regulatory Practices in Corruption Prevention: A Case Study from Montenegro

Author(s): Michael, Bryane

Number of pages: 23

Extract:

20 Activist regulatory practices in
corruption prevention: a case study from
Montenegro
Bryane Michael


INTRODUCTION

Anti-corruption agencies are mushrooming across Central Europe and
the Former Soviet Union. In 2009, over 40 per cent of the countries in the
region had some form of anti-corruption agency. As shown by de Sousa
(2006), many of these agencies are preventive ­ rather than repressive.
Namely, they serve to co-ordinate policy (often serving as the international
contact point for international co-operation), help educate the public
about the harms of corruption and conduct research on corruption-related
issues. The legislation devolving these competencies to such agencies often
consists of highly abstract language, riddled with ambiguities, and often
provides the same competencies to other agencies (such as preventive
departments in repressive agencies in police, customs and sometimes even
a special office in the prosecutor's office charged with finding and chasing
large bribe takers and receivers).
The design of preventive anti-corruption agencies is of interest to
legal scholars for three reasons. First, the anti-corruption law ­ and
particularly questions related to the organizations needed to enforce
such law ­ represents a burgeoning field of public law and international
law. As argued below, the UN Convention Against Corruption imposes
obligations on signatory states, which make the issue of preventive anti-
corruption policy necessary and timely. Second, the question brings legal
scholars into the realm of organizational theory ­ hitherto the preserve
of management scholars, economists and scholars of public administra-
tion. Legislation which sets out ...