Flawed Legislation Is a Source of Corruption
Flawed Legislation Is a Source of Corruption

Author(s): Sergiu Gaibu
Subject(s): Law, Constitution, Jurisprudence, Sociology of Law, Corruption - Transparency - Anti-Corruption
Published by: EXPERT-GRUP Centrul Analitic Independent
Keywords: Corruption; Flawed Legislation; Legislation;
Summary/Abstract: Corruption flourishes when state bureaucracy is not restricted, however it can be significantly limited if the laws are streamlined and specific. Legislation and norms are the key-framework that define the operational processes of state authorities; they determine the organisation and efficiency of public services provided to the private sector, define the interaction rapports between authorities and the private sector, the mechanisms, rights and obligations under this interaction. The regulatory framework specifies the mechanisms that are available to the civil servant in order to provide services to the private sector, including to citizens. Apart from mechanisms and prerogatives, it is crucial that the obligations of civil servants are very well defined, otherwise they might ignore the requests of the citizens and other representatives of the private sector. Without a clear mechanism of consequences for civil servants not honoring their obligations, without direct consequences for the civil servants that violate procedures and obligations, the state institutions and the civil servants will keep being resistant to a diligent and efficient fulfillment of their duties. In the absence of clear punishment mechanisms that could be initiated by citizens in multiple and simple ways, the civil servant will tend to exploit their dominant position and gain economic benefits. Any deficiency in these relationships is a consequence of the flawed regulatory framework. The flawed regulatory framework is a fertile environment for corruption.

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