Transparency Laws Research Articles

Citizens’ Free Access to Information. The Case of Local Institutions from Rural Areas of the North-Western Region from Romania

This study examines the extent to which local authorities in rural North-West Romania adhere to the requirements set forth in Law no. 544 of 2001, which mandates the ex officio public information disclosure online. The findings suggest a relatively low level of transparency, with notable discrepancies observed across communes. While larger communes exhibited slightly elevated levels of compliance, population size exerted a limited influence on transparency. Additionally, the study revealed no statistically significant correlation between the gender of mayors and transparency. This may be attributed to the limited representation of female mayors in the sample. Similarly, while the presence of businesses demonstrated some influence on transparency, it was not a robust predictor. These findings underscore the necessity for more robust enforcement mechanisms, including penalties for non-compliance, to guarantee compliance with transparency laws. Furthermore, the study highlights the necessity of considering a broader array of factors, including local governance practices, institutional capacity, and citizen engagement, when evaluating transparency outcomes. It would be beneficial for future research to expand to other regions and consider a longitudinal approach to monitor changes over time. The study underscores the pivotal role of transparency in cultivating public trust, curbing corruption, and strengthening democratic governance.

Strategy Of The Local Government Of Mamasa Regency In Preventing Religious Conflicts To Realize National Security

Managing diversity based on local democracy is a preventive step to prevent prolonged conflicts toward social reintegration. Religious segmentation is used as a way to unravel the political conflicts that previously echoed in this area. Efforts to carry out the representation of religious identity (Islamic-Christian) in each Regional Election event are used as a new political format to minimize the tension of identity politics that can erode the spirit of community togetherness. Representation politics is then manifested in the form of pairs of candidates to occupy the position of regional head until the last twenty years have been institutions that have the ability to maintain unity and unity. This research uses a qualitative approach. For data collection techniques, researchers conduct interviews, observation, and documentation procedures. The theories and concepts used in this study include strategy theory, peace theory, conflict theory, conflict prevention concept, Conflict early Warning and Early Response System (CEWERS) concept, and state defense concept. Based on the results of the study, it can be understood that overall, conflict management carried out by the government, both the central government and local governments, is very poor. Efforts to resolve conflicts only occur at the elite level and do not include people who suffer more and lose more due to conflict. An elitist resolution will only meet the interests and demands of the elite. The demands of the masses that should also be accommodated are ignored. As a form of strategic steps of the local government of Mamasa Regency in preventing conflicts in the administration of government and its relationship with the roots of religious conflicts in Mamasa Regency, some of the descriptions of the steps taken include the Education and Socialization Approach, Increasing the Role of the Religious Harmony Forum (FKUB), Strengthening the Economy and Social Welfare, Fair and Transparent Law Enforcement, and Inclusive Infrastructure and Public Facilities Development.

Urban Entrepreneurship on the Fringe: Action Research on the Challenges of Street Vendors in Manila

The presence of street vendors in metropolitan cities has been a cause for debate as vending provides these vendors with a source of livelihood but at the expense of regulatory oversight and urban order. Vending as a business emerged due to the lack of work opportunities available despite the growing demand. Vendors, however, remain crucial stakeholders of the informal economy as their existence fills a need for the minimum-income working class. As such, the objective of the study is to determine and understand the different factors that affect the business of street vendors and their coping mechanisms to these challenges and propose an action plan. This study is unique in its focus on the informal economy, specifically street vendors in Manila, an often overlooked yet vital part of urban livelihoods. By employing a qualitative approach, it delves deeply into the lived experiences of street vendors, uncovering the cultural, socioeconomic, and regulatory challenges they face in a highly urbanized Southeast Asian city. The study highlights human-centered narratives often missed in quantitative research and provides valuable insights into the dynamics between street vendors and government regulations. Its findings could influence inclusive policies that better support informal entrepreneurs, contributing to broader discussions on inclusive business practices. The results reveal that factors affecting street vendors relate to interpersonal dynamics, family dynamics and obligations, educational aspirations, financial vulnerability, market competition, operational challenges, supply chain dependency, health and labor, and enforcement of regulations. To manage these factors, vendors have adopted mechanisms to combat these issues through debt and financial management, operational adaptation, community assistance and support, adaptation to regulation, and emotional resilience. In the end, this research proposes a five-point agenda to support street vendors' adherence to social and legal norms, beginning with developing inclusive policies that formally recognize and regulate street vending, ensuring legal protection and designated vending zones. It then focuses on economic empowerment through improved access to financial services, microcredit, and financial literacy programs while introducing social security measures. Health and safety programs are implemented to enhance vendors' well-being, providing access to healthcare, ergonomic training, and sanitation standards. Governance improvements, anti-harassment initiatives, and transparent law enforcement to protect vendors from exploitation should also materialize. Finally, community engagement and public relations efforts aim to foster positive perceptions of street vendors, highlighting their contributions to the economy and encouraging cooperation with local businesses and authorities.

Effectiveness of the German pay transparency law and the gender pay gap

Effectiveness of the German pay transparency law and the gender pay gap

A Meta-Analytic Review of Pay Transparency Laws and Their Effectiveness in Reducing Gender Pay Gaps

A Meta-Analytic Review of Pay Transparency Laws and Their Effectiveness in Reducing Gender Pay Gaps

Tragedi Pelanggaran HAM di Masa Orde Baru: Pencarian Keadilan dan Keterbukaan

The purpose of this article is to explore the impact of human rights violations during the New Order period in Indonesia on the process of seeking justice. Through a qualitative research approach in the form of literature studies and content analysis, it is used to identify patterns of practices that inhibit openness in the Indonesian legal system. The results of the study highlight the importance of comprehensive legal reform to remedy this dark past, as well as to create a fairer and more transparent legal system for all citizens. The implication of this study is the need for concrete actions to strengthen independent and transparent law enforcement agencies and ensure that past human rights violations are prosecuted fairly. Thus, this article emphasizes the urgency to achieve greater justice in the Indonesian legal system.

Islamic Legal Philosophy Approach in Preventing the Culture of Bribery in Indonesia

Indonesia a state of law based on Pancasila and the 1945 Constitution, upholds human rights and equality before the law. Corruption damages development, with eradication that is not optimal. Professional and transparent law enforcement is needed. The approach of Islamic law philosophy in preventing corruption needs to be explored further. This research is important in enriching the discourse on corruption prevention, providing a foundation for policymakers, religious institutions, and the community. This research uses a normative law approach with literature study, exploring written law, including legal theory, history, and philosophy. Data was obtained from legal regulations, Islamic legal philosophy literature, and legal encyclopedias. Qualitative analysis was carried out using a deductive method, linking the principles of Islamic law to the reality of bribery culture in Indonesia. The perspective of legal sociology is also used to understand the interaction between law and society. The goal is to provide a comprehensive understanding of the prevention of bribery culture. Corruption, including bribery, is considered to violate the principles of Islamic law, such as justice and prevention of damage. Islamic legal philosophy emphasizes individual integrity and public participation in the prevention of corruption. This approach, together with legal sociology, can form a comprehensive strategy to address corruption in Indonesia. Changes in the substance of the law, law enforcement institutions, and an anti-corruption culture are needed to achieve these goals. The philosophical approach of Islamic law in the prevention of bribery emphasizes the improvement of individual morals and the principle of monotheism. The prohibition of bribery is based on justice and prevention of damage. Integration with legal sociology is necessary to formulate effective prevention strategies. Community stability can be improved through strengthening morals and integrity as well as public participation in overcoming the culture of bribery. With this approach, the hope of eradicating bribery in Indonesia becomes more realistic.

The Impact of Tax Legislative Disruptions on the Increase of Informal Economic Activities in Egypt

The study examines how legislative instability in tax laws affects the growth of informal economic activities in Egypt. It suggests that unclear or unsustainable tax regulations drive a shift towards the informal sector, fueled by benefits like tax evasion and reduced compliance costs. To encourage voluntary integration, the study proposes measures such as transparent tax laws, awareness campaigns on tax compliance benefits, and simplification of procedures. It advocates for policymakers to prioritize creating an environment conducive to integration over punitive measures. By fostering a fair tax system and addressing underlying factors driving informality, Egypt can boost tax revenue, ensure fairness, and promote sustainable growth. Employing a descriptive-analytical approach, the study analyzes secondary data from official reports, academic literature, and relevant publications. This method allows for a systematic examination of tax legislative disruptions' impact on informal economic activities. It facilitates understanding the dynamics of tax regulations and their effects on informality by analyzing diverse information sources. This approach ensures reliable insights into the relationship between tax laws and the informal economy in Egypt.

Tennessee hospital noncompliance with price transparency legislation for 8 common laboratory tests.

The goal of this study was to assess hospital compliance with federal price transparency mandates and barriers to pricing information in Tennessee. All hospitals websites were queried for gross, cash, and BlueCross BlueShield of Tennessee prices for 8 high-frequency laboratory tests in 2 Centers for Medicare & Medicaid Services-mandated pricing sources: (1) a machine-readable file of all available services and (2) a consumer-friendly display of 300 shoppable services. Barriers, including click counts, data availability, and intrahospital price discrepancies, were noted. Of the 145 Tennessee hospitals assessed, 97.2% were noncompliant with the Centers for Medicare & Medicaid Services final rule. Subanalysis of available machine-readable files, price estimators, and shoppable services files demonstrated 49.6%, 95.1%, and 78.6% noncompliance, respectively. Barriers to pricing information included requiring protected health information (55.9%), missing at least 1 pricing source (7.6%), having no pricing sources available (6.2%), and involving more than 3 clicks to access the cash price in machine-readable files (54.1%) and price estimators (68.6%.) Average intrahospital discrepancy for basic metabolic panel cash prices across pricing sources was $101.30 (range, $0-1012.40). Our study showed high levels of noncompliance with price transparency laws, inconsistent and inaccessible pricing, and continued challenges facing patients in Tennessee.

Direct impact of COVID-19 vaccination in Chile: averted cases, hospitalizations, ICU admissions, and deaths

BackgroundChile rapidly implemented an extensive COVID-19 vaccination campaign, deploying a diversity of vaccines with a strategy that prioritized the elderly and individuals with comorbidities. This study aims to assess the direct impact of vaccination on the number of COVID-19 related cases, hospital admissions, ICU admissions and deaths averted during the first year and a half of the campaign.MethodsVia Chile’s transparency law, we obtained access to weekly event counts categorized by vaccination status and age. Integrating this data with publicly available census and vaccination coverage information, we conducted a comparative analysis of weekly incidence rates between vaccinated and unvaccinated groups from December 20, 2020 to July 2, 2022 to estimate the direct impact of vaccination in terms of the number of cases, hospitalizations, ICU admissions and deaths averted, using an approach that avoids the need to explicitly specify the effectiveness of each vaccine deployed.ResultsWe estimated that, from December 20, 2020 to July 2, 2022 the vaccination campaign directly prevented 1,030,648 (95% Confidence Interval: 1,016,975-1,044,321) cases, 268,784 (95% CI: 264,524-273,045) hospitalizations, 85,830 (95% CI: 83,466-88,194) ICU admissions and 75,968 (95% CI: 73,909-78,028) deaths related to COVID-19 among individuals aged 16 years and older. This corresponds to a reduction of 26% of cases, 66% of hospital admissions, 70% of ICU admissions and 67% of deaths compared to a scenario without vaccination. Individuals 55 years old or older represented 67% of hospitalizations, 73% of ICU admissions and 89% of deaths related to COVID-19 prevented.ConclusionsThis study highlights the role of Chile's vaccination campaign in reducing COVID-19 disease burden, with the most substantial reductions observed in severe outcomes.

Financial assistance and payment plans for underinsured patients shopping for "shoppable" hospital services.

Recent price transparency laws are designed to better inform patients as they compare hospital options and "shop" for health care services. In addition to prices, underinsured patients seeking care need information on financial assistance, discounts, payment plans, and upfront payment requirements to compare the affordability of care across hospitals. Little is known about the availability of this information and the experience of prospective patients seeking it. We contacted a random sample of 10% of general short-term hospitals across the United States in this "secret shopper" telephone study to assess financial options and navigation challenges faced by underinsured patients in need of a non-emergency procedure. The administrative friction was substantial. Most hospitals have 3 siloed offices for (1) financial assistance, (2) payment plans and discounts, and (3) upfront payment requirements. All relevant offices were unreachable in 3 attempted calls at 18.1% of hospitals. Among hospitals with available information, the majority have financial options for patients: 86.7% of hospitals offer financial assistance and 97.0% of hospitals offer payment plans to underinsured patients for non-emergency care. The length and terms of payments plans varied widely for hospital-administered and third-party financing arrangements. Upfront payments were sometimes required, potentially posing barriers for patients without cash or credit access.

D90. Investigation into Medicare’s Price Transparency Law: Influence of Hospital Factors on Peripheral Nerve Procedure Costs and Price Variation among these Procedures

D90. Investigation into Medicare’s Price Transparency Law: Influence of Hospital Factors on Peripheral Nerve Procedure Costs and Price Variation among these Procedures

Pay transparency and entrepreneurship

Using the staggered adoption of U.S. state-level pay transparency laws that improve pay transparency, we find that the probability of high-wage workers becoming entrepreneurs significantly increases following the adoption of such laws. Moreover, the salaries of high-wage workers significantly increase following the laws’ passage. These findings are consistent with theory suggesting that improved pay transparency increases the relative return of entrepreneurship for high-wage workers.

‘Go-No-Go’: Anticommons and Inter-ministerial conflict in India’s Forest and Mineral Governance

India’s forests, particularly in coal and other mineral-bearing regions, have been at the centre of many social and environmental conflicts. Such conflicts will likely remain salient over the next decade as India appears to be moving towards greater use of coal instead of transitioning away from it. The current governance architecture in mineral-bearing forested areas is characterized by fragmentation of rights across different stakeholders and a pluralistic institutional regime – a situation often characterized as ‘anticommons.’ ‘Anticommons’ lead to the resource getting gridlocked and underused. The Indian government undertook a critical and ambitious policy design exercise – the ‘Go-No-Go’ or Inviolate Forest Policy (IFP) policy – to address the resource dilemmas by ‘objectively’ demarcating forests for mining and conservation. This paper traces the conflict around the policy formulation as it manifested in the corridors and ministries of the government. We use a novel data source of government records of formal policy deliberations – obtained through India’s transparency law, Right to Information (RTI) – supported by conversations with senior bureaucrats, policymakers, and expert observers. We find that the quest for ‘objective’ demarcation of ‘pristine’ forests for conservation was marked by inter-ministerial conflict, laden with asymmetric power balances and involving the careful deployment of discursive frames and tactical maneuvers. We argue that the multiplicity of use-values that get valued differently a) by different individuals/groups of individuals and b) at different scales inscribe the possibility of conflict at the heart of any attempt to resolve anticommons, as can be seen in the IFP. In the process, we expose the problems in prioritizing amongst competing resource-uses, using ‘efficiency’-based approaches. Further, our analysis presents an implicit critique of the monolithic understanding of the State in the supply of property rights.

The political origins of corporate transparency: forging strange coalitions through information rules and policy entrepreneurship

When does business support corporate transparency laws, and how do they succeed despite opposition from other powerful business groups? Existing research converges on a common causal pathway: Crises increase public issue salience and open windows of opportunity for policy entrepreneurs to pressure politicians into adopting transparency laws. Examining the case of beneficial ownership transparency (BOT) laws, I theorize an alternative causal pathway where past policy decisions mandating information collection by certain industries produce inter-industry divergence in their policy preferences and undermine opposition business lobbying. Civil society groups can then engage in policy entrepreneurship to integrate supportive regulated industries into new coalitions. Large, organizationally diverse ‘strange coalitions’ increase political pressure on policymakers, leading to the adoption of corporate transparency laws. I conduct a structured, focused comparison of the United States, United Kingdom, Canada, and Australia as parallel demonstrations of this causal pathway. I combine primary and secondary source documentation with 44 semi-structured interviews to trace failed and successful attempts to adopt BOT laws during the 2010s and early 2020s. I center endogenous feedback processes as a primary cause of transparency, provide further evidence of when firms prefer stronger regulation, and highlight the continued importance of domestic interests in transnational policy issues.

A Comparison of the French and German Transparency Laws

A Comparison of the French and German Transparency Laws

Transparency laws, corruption and the quality of government: comparing India and China

ABSTRACT Transparency laws, such as the Right to Information (RTI) in India and Open Government Information (OGI) in China, seek to confront corruption. They have been able to expand people’s space against corruption and other abuses of power, thus demanding accountability from the powerholders. Instead of particular regimes like democratic or authoritarian, we employ the Quality of Government (QoG) as a context to understand corruption control in India and China. Yet, due to various socio-political limitations, QoG remains inadequate in India; and uneven in China: these cripple the promises of transparency laws. Hence, it is necessary that India prioritizes human development, which shall require better QoG and China addresses its weaker areas in QoG.

Proposal to improve the transparency and efficiency of the CONFEA/CREA system using the Gaussian AHP Method

The present work and its applications are based on the necessity for the Brazilian Public Administration, in general, to comply with the constitutional principles established in Article 37 of the current Federal Constitution of Brazil. The primary focus is to address the principles of transparency and efficiency, which are central to this study and supported by the Transparency Law (LC nº 131/2009) and the Access to Information Law (Law nº 12,527/2011). The analysis will explore intrinsic elements of the CONFEA/CREA system to process and analyze data related to airfare, daily allowances, and accommodation expenses of the Regional Council of Engineering, Agronomy and Geosciences of the State of São Paulo – Brazil (CREA/SP). The objective is to propose compliance solutions linked to Data Science and Operational Research to standardize the aforementioned Councils in promoting transparency. Technological enhancements are suggested to improve the transparency of public acts, aiming to maximize efficiency. To achieve greater administrative and operational efficiency and effectiveness for Local Authorities, the Gaussian AHP Method is proposed. Key outcomes include improved information on the transparency portal, enhanced data accessibility, clarity, and completeness, increased analytical capacity for management and supervision, and greater visibility of administrative actions. These efforts aim to foster better public management practices and enhance decision-making precision through the application of Multi-Criteria Decision Support methods.

Evaluation of the state and implementation of the Hospital Clinical Forensic Units in Chile

Sexual violence has a several negative impact on women's health. Thus, the health system is a gateway for the multisector response to victims. In 2018, the Clinical Forensic Hospital Units (UCFH) in Chile were launched for this purpose. To evaluate the state of implementation of the UCFH in the health services (HS) in Chile. This is a quantitative descriptive, cross-sectional study. A survey was designed and applied through the Google Forms platform to the managers of the care and prevention network for victims of sexual violence (VSV) of each SS. The contact of each manager was requested by each HS in three ways: transparency law, lobby law, and telephone. Each HS was classified according to the existence or not of UCFH and for each unit the availability of resources was evaluated according to the recommendations of the Technical Standard of Attention to VSV of the Ministry of Health. Also, the functioning of each unit during the pandemic was evaluated. Twenty-four of the 29 HSs responded, of which 12 reported having UCFH. Of the 12 units, 50% had complete infrastructure, 58.3% had complete instruments, none had full human resources, 50% had partial HR, 50% had sampling complete, and 58. 3% had full health benefits. The function during the pandemic was affected in 25% of the units. Challenges persist in the implementation of the UCFH, with special limitations in the availability of human resources.

Evolving Pay Transparency Law and the Case for Over Compliance: NYU Review of Employee Benefits & Executive Compensation, Forthcoming 2024

Evolving Pay Transparency Law and the Case for Over Compliance: NYU Review of Employee Benefits & Executive Compensation, Forthcoming 2024