Magister Legum - LLM / Zimbabwe is regarded as one of the most corrupt countries on the African continent. The absence of an assets declaration regime in Zimbabwe has made it difficult to hold accountable public officers implicated in corruption and found in possession of unexplained assets. Corruption by public officers is hard to detect and prove, especially when there are no measures to ensure official acknowledgement of their assets. This paper confronts an important gap in the anti-corruption laws of Zimbabwe. It examines the importance of assets declarations as a tool to fight corruption by public officers in Zimbabwe. In doing so, it will deal also with the main elements of an assets declaration regime for Zimbabwe. Finally, the research provides recommendations on how Zimbabwe can establish an effective assets declaration system to ensure transparency, accountability and openness in the public sector. / German Academic Exchange Service (DAAD)

This thesis is focusing on corruption and misuse of financial funds from European Union. It primarily analyses Regional Operation Programme North-West (ROP Severozápad), which ended with massive corruption affair. The affair lead to the suspension of payments from the European Union, change of assignment of projects in the next programme period, but also opened the question of current trends in corruption in the Czech Republic. The main aim of the thesis was to identify the most dangerous spots that lead to misuse of European funds, connect the corruption affair with current corruption trends in the Czech Republic and suggest basic activities that could prevent the misuse of European subsidies in the future. The aim was achieved via analysis of the operation programme, that ran through the years 2007-2013. It was discovered, that the system was purpose-built so that the local politicians could manipulate with the order of winning projects and thus unfairly distribute the financial funds from the European Union.

The thesis deals with the problematic around the fight against corruption in Europe. Specifically it focuses on two organizations: OLAF and GRECO. The aim of this thesis is to determine how intensively these two organizations have contributed in the fight against corruption in Europe. Historical description, analysis of institutional settings and comparative analysis were used as methods for the solution. The sub-questions, which focused on the organizational structure, the opportunity to influence the investigation, the possibility of setting up anti-corruption policies in Europe and the opportunity to influence the legislation in its Member States, helped to answer the main question. Carrying out this comparison, it was found that although OLAF can conduct its own investigation of financial fraud, it has not got the ability to set up anti-corruption policies in Europe, neither has it got the possibility to influence the legislation in its Member States. In contrast, GRECO does not investigate financial fraud, but it may, to some degree, have influence on setting up the anti-corruption policies in Europe. GRECO also has the power to influence the legislation of its Member States. The conclusion of this work delivers a report on the status and capability to fight against corruption in Europe (from an EU and European Council perspective). It also provides material about the work of OLAF and GRECO in the Czech language.

In this thesis, I suggest a new anti-corruption measure. The measure makes corruption unfeasible by making the interests of the culprits incompatible. This is achieved by giving immunity to the culprit who reports the corruption. Said culprit is allowed to retain any benefits he has already obtained and is given a reward for making the report. The purpose of the measure is to discourage the parties from corruption ex ante. The paper presents an argument that no immunization and reward take place, because the culprits are rendered unable to find mutually profitable corruption deals. The effect of various assumptions about the corruption is then discussed.

It is attempted with this dissertation to draw an explanatory interdisciplinary framework to clarify the causes of systemic corruption. Following an intense review of political sciences, economics, and sociology literatures on the issue, a complex systems theoretical model is constructed. A political system consists of five main components: Society, interest aggregators, legislative, executive and private sector, and the human actors in these domains. It is hypothesized that when the legitimacy level of the system is low and morality of the systemic actors is flawed, selected political, social and economic incentives and opportunities that may exist within the structure of the systemic components might -individually or as a group- trigger corrupt transactions between the actors of the system. If left untouched, corruption might spread through the system by repetition and social learning eventually becoming the source of corruption itself. By eroding the already weak legitimacy and morality, it may increase the risk of corruption even further. This theoretical explanation is used to study causes of systemic corruption in the Turkish political system. Under the guidance of the complex systems theory, initial systemic conditions, -legacy of the predecessor of Turkey Ottoman Empire-, is evaluated first, and then political, social and economic factors that are presumed to be breeding corruption in contemporary Turkey is investigated. In this section, special focus is given on the formation and operation of amoral social networks and their contribution to the entrenchment of corruption within the system. Based upon the findings of the case study, the theoretical model that is informed by the literature is reformed: Thirty five system and actor level variables are identified to be related with systemic corruption and nature of the causality between them and corruption is explained. Although results of this study can not be academically generalized for obvious reasons; the analytical framework proposed here can be referenced by policy makers who are willing to trace the roots of systemic corruption in developing countries.

"Good governance entails accountability, transparency, enhanced public participation in decision making, strengthened public sector and civil society institutions and greater adherence to the rule of law. Corruption results in grave violations of socio-economic rights, condemns people to extreme levels of poverty and often leads to social unrest. Curbing corruption is therefore critical to the achievement of good governance and the rule of law in many countries such as Kenya. Although most legal systems in Africa prohibit corruption, the practice is significantly different, as is exhibited in this disseration. ... Chapter one introduces and sketches the questions that have prompted this study. Chapter two identifies the legal and institutional framework to curb corruption in Kenya. It also investigates the obligations of the state on anti-corruption in Kenya. The study attempts to outline and discuss the different actions that the government of Kenya has taken to contain corrupt practices in the public service and in society generally. Chapter three is an analysis of the impact of corruption on governance in Kenya. It discusses the extent [to] which corruption has permeated in the public service and its effect on public accountability and transparency. The study also assesses the effectiveness of the different anti-corruption measures set up to combat corruption in Kenya as compared to other African countries. Chapter four evaluates the effectiveness of the use of the rule of law to combat corruption in Kenya. It analyses the anti-corruption legal and institutional framework in comparison with other African countries to determine the factors that have lent effectiveness to anti-corruption efforts, as well as countermeasures that have hindered the ability of such efforts. Chapter five proffers the conclusion and recommendations." -- Introduction. / Prepared under the supervision of Dr. Atangcho N. Akonumbo at the Faculte de Sciences Sociales et de Gestion, Universite Catholique d'Afrique Centrale, Yaounde, Cameroon / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

History has proven that, if freed from the grasp of the unitary executive, the elected Attorney General flourishes as a lawyer for the law dedicated above all else to the "public interest." In light of these proven benefits, the pressing question becomes whether this tested design can help the people of Africa as they fight to reclaim their wayward governments. Might a popularly elected Attorney General steady the bridge so Africa can pass through to freedom and prosperity? More immediately, does the divided executive with its elected attorney general represent a new hope for Africa in combating corruption? The author takes a critical look at the evolution of the elected Attorney General and uses the role of the Attorney General in the United States of America as an example. The author concludes that perhaps now is the time to start creating the history of Africa’s ultimate escape from the endless vestiges of colonialism still embedded in the unitary executive. Maybe now is the time for the peoples of Africa to borrow an idea from their American cousins and get their own lawyer! / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr. Tilahun Teshome in association with the Addis Ababa University / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Le Cameroun est un pays engagé dans une stratégie de développement volontariste, faisant toutefois face à d’importantes difficultés de croissance économique et à une corruption chronique. Suivant ce contexte, la présente étude a pour objet d’effectuer une analyse théorique et empirique des effets de la corruption sur la croissance économique du Cameroun. A cet effet, notre premier axe d’analyse vise à déterminer la nature de la corrélation entre la corruption et la croissance économique au Cameroun. Notre étude révèle qu’à long terme, la corruption affecte négativement le taux de croissance économique, suivant des effets directs d’une part, et suivant des effets indirects d’autre part, à travers l’investissement privé, le niveau d’éducation et les dépenses publiques. Dès lors, un deuxième axe d’analyse nous a paru intéressant à aborder, cherchant cette fois à évaluer l’effet indirect de la corruption sur la croissance économique via les distorsions dans la répartition des dépenses publiques. Les résultats obtenus ici montrent que la corruption provoque des distorsions tendant d’une part, à accroître les allocations aux des dépenses publiques d’investissement, pour un effet induit non significatif sur la croissance économique, et d’autre part, à réduire la part des dépenses publiques de fonctionnement, pour un effet induit négatif sur la croissance économique. / Cameroon is an economy committed to an expansionist development strategy, yet faced with major economic growth challenges and chronic corruption. In this context. The purpose of this study is, therefore, to carry out a theoretical and empirical analysis of the effects of corruption on Cameroon's economic growth. The first analysis framework is aimed at determining the nature of causal relationship between corruption and economic growth in Cameroon. The estimations reveal that in long run, an increase in the level of corruption leads to a reduction in the rate of economic growth. This negative relationship is following a direct effect as well as indirect effects through private investment, education and public spending. The second axis of analysis seeks to assess the indirect effect of corruption on economic growth through distortions in the distribution of public expenditure. Our results show that corruption brings about distortions aimed at increasing allocations to public investment spending thereby producing an insignificant effect on economic growth on the one hand, and reducing the share of public recurrent expenditure with a negative effect on economic growth, on the other hand.

La Convention des Nations Unies contre la corruption (CNUCC) a érigé en principe fondamental larestitution internationale des avoirs de la corruption. Bien que partie à la CNUCC, la France n'ajamais restitué de fonds dans le cadre de cette convention contrairement à d'autres États tels que laSuisse. Pourtant, le droit français a été considérablement renforcé au cours des dernières décenniesdans les domaines du recouvrement des avoirs criminels et de la lutte contre la corruptioninternationale. Il est même, en grande partie, conforme à la CNUCC. En outre, la France a toujoursété un État prisé par de nombreux agents publics étrangers dont l'origine licite de la fortune estparfois mise en doute. Le pays demeure également un acteur économique majeur de la scèneinternationale. Dès lors, la question de l'absence de restitution internationale par la France de biensillicites en lien avec la corruption se pose. Ce travail présente les nombreuses évolutions législatives,judiciaires et institutionnelles du droit français, lesquelles ont renforcé le cadre juridique durecouvrement des avoirs et de la lutte contre la corruption internationale. Il suggère, le cas échéant,certaines améliorations. Mais il propose également des réformes importantes afin de rendre effectif lerecouvrement en France des avoirs illicites ainsi que la restitution de biens confisqués aux Étatsvictimes de la corruption. / The United Nations Convention against Corruption (UNCAC) has established the internationalrestitution of corruption-related assets as a fundamental principle. Although France is a State Party ofthe UNCAC, it has never returned any funds in the context of this convention unlike other Statessuch as Switzerland. However, French Law has been substantially strengthened in the areas of assetrecovery and the fight against international corruption over the last few decades. It is even largelycompliant with the UNCAC. Furthermore, France has always been attractive for wealthy foreignpublic officials whose fortune is sometimes questioned. It remains also a major economic player onthe international scale. In this context, the question arises as to why France has not so far returnedany corruption-related assets. This work presents the numerous legislative, judicial or institutionaldevelopments that have recently enhanced the French asset recovery and anti-corruption legalframework. When necessary, it suggests certain improvements. But it also proposes major reforms tomake asset recovery effective in France as well as the return of confiscated funds to the Statesvictims of corruption

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