Effective corruption control

Annika Engelbert, Markus Kaltenborn und Nina-Annette Reit-Born

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Annika Engelbert, Markus Kaltenborn, Nina-Annette Reit-Born, Effective corruption control (2016), Logos Verlag, Berlin, ISBN: 9783832594053

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Beschreibung / Abstract

This book presents the results of a three-year research project based at the Ruhr-University Bochum, financed by the Fritz Thyssen Foundation, Cologne.

Corruption in public procurement is widespread and particularly damaging to development objectives, as it undermines any state's duty to maximize the social and economic welfare of its citizens. Yet, research on country-specific regulation meant to address this problem has remained scarce. This book aims to fill this gap by providing a systematic comparative analysis of supplier remedies mechanisms in Kenya, Uganda and Tanzania. It elaborates on the potential of legal remedies to serve as anticorruption tools. Based on the fact that the anti-corruption effect of remedies mechanisms depends ultimately on the actual use by suppliers, three main factors are discussed: (1) the institutional setting and independence of the remedies systems; (2) their accessibility for aggrieved bidders; and (3) their efficiency, driven by bidder's cost-benefit analysis and including the aspects of procedural fees, duration, available relief and prospects of success. The assessment of the legislation is complemented by information gained from various stakeholders such as public procurement authorities, development organizations, NGOs and scientific experts. Despite many similarities of the systems due to their common historical background, the analysis identifies remarkably different regulative and institutional approaches, and discusses their more or less supportive effects on the use of supplier remedies mechanisms.

Inhaltsverzeichnis

  • BEGINN
  • 1 Introduction
  • 1.1 Effective corruption control as a key element of †˜good governance†™
  • 1.2 The nexus of public procurement, corruption, and development
  • 1.3 Approach and structure of this study
  • 2 Remedies mechanisms and their anti-corruption potential
  • 2.1 The UNCITRAL Model Laws as the main international legal references
  • 2.2 The role of remedies mechanisms within the anti-corruption framework
  • 3 Research Framework
  • 3.1 Selection of country cases
  • 3.2 Legal comparison
  • 3.3 Expert interviews
  • 4 Procurement systems in Kenya, Uganda and Tanzania
  • 4.1 The development of public procurement systems
  • 4.2 Area of application
  • 4.3 Main institutions
  • 4.4 General procurement rules
  • 4.5 Organisation of procuring entities
  • 4.6 Procurement methods and procedures
  • 5 Institutional setting and independence of the remedies systems
  • 5.1 Kenya
  • 5.2 Uganda
  • 5.3 Tanzania
  • 5.4 Reconsideration by procuring entities in Uganda and Tanzania
  • 5.5 Summary
  • 6 Accessibility of the remedies systems
  • 6.1 Entitlement to and exemptions from review
  • 6.2 Standstill periods
  • 6.3 Disclosure of tender results
  • 6.4 Judicial review
  • 6.5 Summary
  • 7 Efficiency of the remedies mechanisms
  • 7.1 Direct costs: Procedural fees
  • 7.2 Indirect costs: Duration and risk of retaliation
  • 7.3 Benefits: Available relief
  • 7.4 Probability: Prospects of success
  • 7.5 Judicial review
  • 7.6 Summary
  • 8 Conclusion

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