Conflict of interest allegations became a prominent part of the political and public sector in the 1980s and 1990s in Australia and elsewhere. The arena of policing was not immune, and in Victoria, the Ombudsman drew particular attention to the problem and expressed concern about the rise in public complaints relating to alleged conflicts of interest on the part of police officers. Against this background, permission was granted by Victoria Police for a major study of conflict of interest complaints against police officers within their jurisdiction. Access was granted to all public complaint case files where conflict of interest was the focus of the allegations, from the period 1988???1998. A total of 377 usable complaints files were examined, involving 539 police officers. Through extensive examination and analysis of these complaint case files, a comprehensive map of the particular kinds of interest involved, the nature of the conflicts with official police duties, and the particular contexts within which conflicts of interest emerged, was developed. Analysis of the case files identified 25 different types of problems related to conflict of interest. These were spread across the private and public realms of police officers??? involvements. Previous studies of conflict of interest have focused largely on the opportunities for misconduct arising in the public realm of police work and police duty, largely neglecting attention to the private realm of the relationships and involvements of a police officer that give rise to conflicts of interest. In this study, the specific private interests that gave rise to problems were able to be identified in 35 percent of all cases. Three broad problem areas were identified: (i) outside employment, private business interests, political, social, and sporting interests and involvements; (ii) family-based involvements, especially those involving family law problems; and (iii) problematic personal relationships, including relationships with criminals, informers, and persons of ill repute. These conflicts of interest were related to a range of breaches of official police duty, including the misuse of police authority for personal or family benefit, the use of police position to facilitate personal relationships, and inappropriate disclosure of confidential police information. When the conflict of interest identified related specifically to a police officer???s official or public role as a member of the police force, the main types of misconduct identified included three broad areas: (i) the use and abuse of police powers and authority; (ii) the use and abuse of police resources, including information; and (iii) the receipt of gratuities and breaches of the law. These problems were shown to play out in a range of ways, encompassing such behaviours as misuse of the police identity, inappropriate accessing of police information, involvement in investigations where the police officer concerned has a personal interest in the matter, failing to take appropriate police action against friends, family, or associates, the exercise of improper influence in civil matters, and engagement in harassment and discrimination. This study offers some important conceptual developments in relation to the notion of conflict of interest, focusing on the importance of the distinction between a conflict of interest and an associated breach of duty. The study noted that it is often erroneously assumed by police that if there is no breach of duty evidenced, then there is no problem of conflict of interest. The study also offers an important insight into the oversight and accountability processes involved in Victoria Police, emphasising the importance and effectiveness of the oversight role of the office of the Victorian Ombudsman. Evidence also suggests that the internal review processes within Victoria Police are by-and-large stringent, and that senior police management are genuinely interested in making police officers more accountable for their actions. However, it is concluded that both front-line operational police officer and police management often have a limited understanding of conflict of interest, and problems attendant to conflicts of interest. The study???s insights into the problem of conflict of interest are significant insofar as this problem is related to police misconduct???ranging from minor to serious???of various kinds. Attention to the problem of conflict of interest may be an important element in preventing ???upstream??? police misconduct and corruption.

Thesis (Ph. D. in Management)--Vanderbilt University, Dec. 2005. / Title from title screen. Includes bibliographical references.

Le conflit d'intérêts désigne une opposition entre deux ou plusieurs intérêts distincts, relevant de personnes ou groupes de personnes eux-mêmes distincts. Il se peut que le conflit oppose l’intérêt d’une personne – ou l’intérêt d’une autre personne à laquelle elle est liée – à l’intérêt d’un tiers dont elle a par ailleurs la charge. Il est alors un risque que le conflit en cause ne soit réglé de manière illégitime, au préjudice de l’intérêt pris en charge. C’est à l’étude de ce type de conflit d’intérêts que la thèse se consacre. Elle propose de le rattacher à la théorie juridique du pouvoir. Le pouvoir y est défini comme la prérogative par laquelle son titulaire est habilité à participer à la création d’actes juridiques pour le compte d’autrui, par l’expression d’un ou plusieurs intérêts distincts du sien.Les pouvoirs peuvent faire l’objet d’une double différenciation. La première consiste à différencier les pouvoirs en fonction du rôle joué par leurs titulaires dans la détermination du contenu de l’acte juridique à créer. Elle aboutit à distinguer les pouvoirs intellectuels et les pouvoirs décisionnels. La seconde consiste à différencier les pouvoirs en fonction des devoirs pesant sur leurs titulaires. Elle aboutit à distinguer les pouvoirs-loyauté et les pouvoirs-impartialité. Ce rattachement du conflit d'intérêts à la théorie juridique du pouvoir a deux conséquences. Il permet tout d’abord d’en délimiter le domaine. Il permet ensuite de le définir. Le conflit d'intérêts correspond en effet à une situation de détournement potentiel de pouvoir. Il manifeste le risque que le titulaire du pouvoir n’agisse contrairement à son devoir. Il en découle une typologie des conflits d’intérêts. Celle-ci repose sur une distinction principale entre les conflits de loyauté et les conflits d’impartialité et sur deux distinctions secondaires : d’une part, la distinction des conflits directs et des conflits indirects ; d’autre part, la distinction des conflits d’intérêt et de devoir et des conflits entre devoirs. Cette différenciation des conflits justifie une différenciation de leurs traitements. En effet, les différents types de conflits ne présentent pas le même risque d’aboutir à un détournement effectif de pouvoir, ce dont leurs traitements devraient tenir compte. La typologie dressée se veut ainsi une typologie hiérarchisée pouvant servir à déterminer le traitement adapté à chaque type de conflit. / A conflict of interests refers to the opposition of two or several separate interests, concerning separate persons or groups of persons. It may occur that a conflict opposes the interest of one person – or the interest of a person to whom the first person is acquainted – to the interest of a third party of which the first person is responsible. Such situation could result in the conflict being illegitimately solved to the detriment of the third party’s interest. Therefore, the purpose of this thesis is to study this type of conflict of interests by linking it to the legal theory of power. Here, the power is defined as the prerogative enabling the entitled person to be involved in the creation of legal acts on behalf of another party, by defending one or several interests separate from their own interests.These powers can be subject to a double distinction. The first distinction aims at differentiating powers depending on the role played by those who are entitled to such powers in the determination of the content of the legal act to be created. This distinction results in the separation between intellectual powers and decision making powers. The second distinction aims at differentiating powers depending on the duties of the entitled persons. It results in the separation between loyalty-powers and impartiality-powers.Linking the conflict of interests to the legal theory of power has two consequences. First, it helps delimiting the field of such conflicts. And it also helps defining them. Indeed, a conflict of interests corresponds to a situation where a misuse of power may occur. In such types of conflicts, the risk that the person in power might act contrary to their duty arises. It then results in a typology of conflicts of interests. This typology is based on the main distinction between loyalty conflicts and impartiality conflicts and on two secondary distinctions: the distinction between direct and indirect conflicts on the one hand, and the distinction betweenthe conflicts of interests and duty and the conflicts between duties on the other. This distinction between conflicts justifies a distinction in the way they are treated. Indeed, these various types of conflicts do not have the same risk of resulting in an actual misuse of power, which should be taken into account when treating such conflicts. The resulting typology is therefore a tiered typology that could be used to identify the corresponding treatment for each type of conflict.

Concerning the entry into force of the Law 30225, new Public Contracting Law, and its rules of procedure, in this article, the author analyzes the institution of the right to challenge arbitrators in the field of public contracting. In his analysis, the author examines the right to challenge arbitrators as is set forth in other legal bodies, taking note of the issues that may be present with its transfer to the public contracting area –given its particularities–, and finally concludes that an urgent reform in this matter is needed. / A propósito de la entrada en vigencia de la Ley 30225, nueva Ley de Contrataciones del Estado, y su Reglamento, en el presente artículo, el autor analiza la institución del derecho de recusar árbitros en el ámbito de la contratación pública. En su análisis, el autor examina el derecho de recusar árbitros tal como está plasmado en otros cuerpos normativos, observando los problemas que puede plantear su traslado a la órbita de las contrataciones del Estado –dadas sus particularidades–, para finalmente concluir que hace falta una reforma urgente en esta materia.

O objeto do estudo diz respeito a como demandas individuais podem resultar em demandas coletivas. Interesses são relações entre necessidades e os bens capazes de satisfazê-las. Nesse sentido, interesses podem ser entendidos como uma demanda por um bem. Interesses coletivos se relacionam a bens capazes de satisfazer necessidades de uma coletividade. O conflito de interesses ocorre nos casos em que o atendimento a um interesse importa a denegação de outro. O Direito pode ser visto como um instrumento ético de resolução de conflito de interesses. O processo civil tradicionalmente foi concebido para a resolução de conflitos individuais. Com o reconhecimento dos interesses coletivos pelo Direito, novas técnicas processuais foram desenvolvidas para permitir a resolução de conflitos coletivos. Apesar disso, o número de demandas individuais relacionadas com questões coletivas cresce exponencialmente, causando o congestionamento de processos nos tribunais e a denegação de justiça. Questões estruturais, culturais e legais são fatores que levam a esse problema. Novas técnicas deveriam ser implementadas para a conversão de demandas individuais em demandas coletivas nos casos em que o seu objeto seja incindível e pertinente a uma coletividade. / The scope of the study pertains to how individual claims may result in collective (aggregated) claims. Interests are relationships between needs and the goods that can fulfill them. In this sense, interests can be conceived as a claim for a good. Collective interests relate to goods that are able to satisfy needs of a group of people. A conflict of interests takes place when the accomplishment of one precludes the other. The Law may be conceived as an ethical tool to the resolution of conflict of interests. Traditional litigation schemes were designed for the resolution of individual conflicts. With the recognition of collective rights by the Law, new civil procedure techniques were developed to allow resolution of collective conflicts. Despite that, the number of individual claims related to collective issues grows exponentially, causing a backlog of cases and the denial of justice. Structural, cultural and legal issues are factors leading to this problem. New techniques should be designed to convert individual claims into collective claims in cases where their object is indivisible and pertains to a group.

The thesis is focused on the conflict of interest issue with relation to the management of business corporations, adjusted especially in the Business Corporations Act. The conflict of interest has been codified in a more detailed way after the recodification of the private law and this new codification brought up questions concerning practical application. The aim of the thesis is an analysis of the effective conflict of interest rules, providing proposals on how to solve some uncertainties which may appear and showing opinions of experts. The aim is also to show concrete examples of non-legislative adjustment in the conflict of interest area, especially through the corporate governance codices. The first chapter contains general information on conflict of interest, because the private law is not the only branch of law, where it can be found. In Czech public law, for example, is effective Conflict of Interest Act. Unfortunately, due to limited extent of the thesis it is not possible to analyse even the whole conflict of interest topic in private law, therefore the scope of the thesis is restrained on the general issues contained in the Sec. 54 and following of Business Corporations Act. The second chapter provides a short preview of the basic principles, which must be obeyed by the members of the...

The accountability and responsibilities of school leaders have intensified greatly over the past decades and school leadership has become a strong focus of research. Meanwhile, Bush (2003) asserts that “school leaders [experience] tensions between competing elements of leadership, management and administration” (p. 7). This study uses observations, questionnaires, interviews and document analysis to unpack the perceptions of four Heads of Department (HoDs), the principal, and eight teachers on the tensions inherent in balancing the responsibilities of department head and subject teacher for HoDs in public secondary school. The study goes beyond the mere task of influence in its attempts to unpack how the leadership and teaching practices of HoDs may, or may not, be in conflict with each other. Using distributed leadership as a theoretical framing and drawing in particular on the work of Spillane and colleagues (2001; 2004), the study examines the roles HoDs enact; the challenges HoDs encounter in enacting their responsibilities as department head and subject teacher; and the strategies HoDs employ to combat the emerging challenges. The study found that the roles of HoDs are extensive and stretch across the classroom, the department, the whole school and beyond. However, the majority of these roles are biased in favour of management systems and processes and opportunities for leadership are rare. The many and extensive management responsibilities of the HoDs limit both their classroom teaching as well as their agency as leaders. The weight of their management work thus restricts their leadership, resulting in an authorised form of distributed leadership (Grant, 2010). The data also revealed that HoDs struggle to balance the responsibilities of department head and subject teacher due to both inter-role and intra-sender conflict. However, the study also found that the HoDs strategically adopt a range of strategies to assist them in doing their work, these include: compensatory teaching; delegation; and planning and prioritizing.

The battle for traditional leadership successions continue to have negative effects on many Tribal Authority Councils across Africa, for example, the Valoyi Tribe, part of Tsonga/Shangaan nation in South Africa, and the Godban chieftaincy conflict in the northern town of Yendi in Ghana. Community conflicts related to chieftaincy positions across South Africa are apparent. This study was an attempt to explore and describe the dynamics of the AmaTshezi chieftaincy conflict in Mthonjana village, Mqanduli. The analysis focused on exploring the AmaTshezi chieftaincy conflict in terms of conflict and conflict process theory. This explorative study sought to explore and describe the perceptions of eight ad hoc committee members (government officials) who had been involved with attempting to resolve the AmaTshezi chieftaincy conflict. The researcher conducted extensive face-to-face interviews with these committee members and thoroughly studied the necessary documents that informed the study. Thematic data analysis revealed latent conflict, conflict emergence, conflict escalation, conflict stalemate, and conflict de-escalation, as key conflict phases in the AmaTshezi chieftaincy conflict. A number of recommendations are made about how those in authority could better manage communal conflict. The recommendations may, for instance, be used in the formulation of policies to influence better conflict management by government and help the Eastern Cape House of Traditional Leaders to manage communal conflicts better and to facilitate public education programmes about issues relating to birthright leadership positions and lineage procedures.

The Master's Thesis deals with the issue of the choice of a defence counsel and attorney for a legal entity in criminal proceedings in the context of the right to a fair trial and the right to defence of a legal entity. Defence of a legal entity in criminal proceedings is exercised by persons authorised to act on its behalf. If those persons find themselves in the incompatible procedural position of an accused, a witness or a victim in the same case, they are excluded by law from all acts on behalf of the legal entity in criminal proceedings on the grounds of a presumption of conflict of interests. The title of the Master's Thesis is based on the conclusions of the case law of the Constitutional Court which case law, in order to preserve the right of defence of a legal entity, also grants a person in an incompatible procedural position of an accused or a witness the right to choose a defence counsel or an attorney for the legal entity, subject to other conditions described in this Master's Thesis. I get focused in the introductory part on the description of the rudiments of criminal liability of legal entities, I mention the legal regulation which is used in the Master's Thesis and I summarize what is its content. Subsequently, I deal with the definition of individual persons authorised to act on...

The goal of this thesis is to contribute to our understanding of the legislative framework governing public procurement in the Czech Republic. Using data from interviews, applying Game Theory and the Principal-A|gent model, and using the Goal Tree tool I show that individual actors behave rationally. Before submitting a tender they evaluate not only expected profits, but also possible corruption, threat of penalties. I also identify several practices used by actors in order to to manipulate public procurement. After evaluating actors' behaviour, developments inf public procurement legislation and of possible penalties, and drawing on extensive literature search I draw up recommendations for public policy. These t would help improve public procurement in the country, their efficiency, effectiveness and economy, without violating key public procurement principles (non-discrimination, equal treatment, transparency and proportionality). If adopted they would contribute to reducing the level of corruption in the Czech Republic.