Corruption as a Violation of Fundamental Rights: Reputation Risk as a Deterrent Against the Lack of Loyalty
G. M. Racca - C. R. Yukins, Integrity and Efficiency in Sustainable Public Contracts, Bruylant, 2014.
Ius Publicum Network Review - No. 1-2014
41 Pages Posted: 4 Jul 2014 Last revised: 5 Jul 2014
Date Written: January 2, 2014
Abstract
It is a commonly shared view that poor integrity undermines the main objectives of private and public activities and distracts from their main goals. The lack of integrity affects human rights and is even more unacceptable and serious when perpetrated by public authorities. This article highlights the extent to which corruption erodes the pillars of democracy and of the solidarity principle. People’s representatives are all too often captured by non-transparent economic interests and divert the pursuit of public and citizens’ interests. Illegal behavior buys the loyalty that politicians should have towards citizens, and captures the independent exercise of the sovereignty for the benefit of maintaining privileges among the corrupts. Corruption in the public procurement sector represents an emblematic case of such diversion. The oversight by unsuccesful tenderers and by civil society might be extremely useful for ensuring that the competitive selection principle is respected and that the performance is correctly executed. A new emphasis on individual responsibility, organizational design and economic incentives is needed. The corrupts betray the links of solidarity among citizens. A concrete risk of loss of reputation, either on the part of public officials or of private economic operators, could become an effective deterrent to improper conduct related to the use of public funds in public contracts.
Keywords: Corruption, Integrity, Public procurement, Fundamental rights, Social witness, Solidarity, Transparency, Accountability, Unsuccessful tenderers
JEL Classification: H57, H53, K23, K42, I38
Suggested Citation: Suggested Citation