are we going the same way? american and european ... · are we going the same way? american and...
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ARE WE GOING THE SAME WAY?
AMERICAN AND EUROPEAN
PERSPECTIVES IN FIGHTING
CORRUPTION
Marija Matijevic
Faculty of Law, University of Zagreb
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1. INTRODUCTION
2. AMERICAN PERSPECTIVE
3. EU PERSPECTIVE
4. EU VS AMERICAN PERSPECTIVE
5. CONCLUDING REMARKS
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“The struggle against corruption is too
big for any one country to tackle alone”
Yury Fedotov
INTRODUCTION
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AMERICAN PERSPECTIVE
Foreign Corrupt Practices Act, 1977
Organisation of American States designed an
important instrument to address corruption-
Inter-American Convention Against Corruption
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INSTITUTIONAL CORRUPTION
INFLUENCE EFFECT
weakens the effectiveness of an institution
weakens the public trust of an institution
AMERICAN PERSPECTIVE
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According to Robert G. Kaiser
American government has changed a lot
Lobbying – "economy inside the Washington"
Lobbyiss pay Members during/after their time
in Congress
The cost of campaign has arisen extremely
AMERICAN PERSPECTIVE
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Landlord to six used car dealers
from whom he gets $600,000 to
$6,000,000 a year
He introduced the amendment
for Consumer Financial
Protection Agency Act of 2009Congressman John
Campbell, California,
USA
AMERICAN PERSPECTIVE
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FINANCING CAMPAIGNS
The Supreme Court: Citizens United v. Federal Election Commission the campaign finance restriction violated the First Amendment’s free speach principles
Major political and practical consequences
Lawrence Lessig points out that the political system should be the one that people can trust
AMERICAN PERSPECTIVE
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In the USA the problem of corruption is not
under a veil of secret
Corruption Perception Index indicates that USA
is on the 22nd place
AMERICAN PERSPECTIVE
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EU PERSPECTIVE
The creation of a Single European Market within
the EU has created many positive economic and
political effects
These same processes increased opportunities for
organised crime and its expansion
Corruption is in contradiction to main EU
principles
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EU PERSPECTIVE
Article 29 of the Treaty on European Union
Convention on the protection of the European
Communities’ financial interests
Convention against corruption involving
officials
Stockholm Programme
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KEY PROBLEMS
Despite the existing legislation, corruption
remains a serious problem in the EU
Strong connection between organised crime and
corruption was noticed
The anti corruption policies vary among
Member States
EU citizens do not have enough confidence in
EU institutions
EU PERSPECTIVE
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AMERICA VS EUROPEAN UNION
It is not appropriate to compare US and EU in
structure since they are completely different
Corruption is an international phenomenon- the
approach should be multidimensional
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Multidimensional approach
at every level
effective anti corruption strategies
participation in different organisations
monitoring mechanisms
business standards
AMERICA VS EUROPEAN UNION
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Conventions EU USA
United Nations
Convention
against
Corruption
some EU Member
States have not
ratified it yetsigned and ratified
OECD
Convention
some EU Member
States have not
ratified it yetsigned and ratified
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CONCLUSION
EU Member States have a clear incentive and
control through EU Institutions
USA are determined in solving corruption
problems at every level, especially when they get a
strong impuls from influential experts in that field
Despite the large scale of international
instruments in combating corruption – it remains
a serious problem