Preventive Anti-Corruption Measures in Public Procurement: Issues and Challenges

Abstract

The lack of integrity and corruption affects human rights, has important implications on the market and represents an issue in Public Procurement. Non-transparent economic interests supported by lobbies may influence legislation, its implementation, the competition and finally the economic growth and competiveness of the market itself.One increasingly popular way for States to prevent bribery committed overseas is adopting measures with extraterritorial implications or to assert direct extraterritorial jurisdiction in specific instances. These measures may have local preferences implications.A community of values is growing in the wider context of transnational and international bodies such as OECD, UN, and single Member States, to promote a joint system against corruption, but still needs clear means of actions.How to ensure integrity, accountability and transparency of public authorities and economic operators across Countries?The paper investigates two different profiles linked to the same phenomena with a comparative approach. The legal boundaries of lobbying as joint to conflicts of interest and corruption, on one side; the effects of some extraterritorial legislation, such as the US and the UK anti-bribery models, on the other. It analyses the role of private and public preventive anti-corruption measures as a mean of action.