“PETRE ANDREI” UNIVERSITY OF IAŞI LAW SCHOOL
Course: Legal English
THEME : Corruption in society is an unstoppable force ?
Student :
Șfarc Iftimi Robert Gabriel
Email:[email protected]
1
Contents
Introduction...........................................................................p.3-4
Causes of corruption.............................................................p.4
Elements of corruption.........................................................p.5
The cost of corruption to society..........................................p.5-6
Corruption in society is an unstoppable force ? ...................p.6
Conclusions...........................................................................p.7
Bibliography……………………………………………….p.8
2
Introduction
Corruption is a global scourge that imposes costs in terms of human suffering that go far beyond
the money lost to bribery, embezzlement or fraud.Counterfeit medical drugs at best do no good
and at worst can kill;bridges built with substandard materials at best cost more to maintain and
repair and at worst may collapse,injuring and killing people.Corruption covers a wide range of
activity, from the multinational company that pays a bride to win the contract to build a local
highway, to the local official who demands a bribe to issue a driving licence, in both cases, it is
ultimately the individual taxpayer or customer who foots the bill.Corruption is not a victimless
crime, and those most hurt by it are the world`s weakest and most vulnerable.Child mortality
rates in countries with high levels of corruption are about one third higher than in countries with
low corruption,while infant mortality rates are almost twice as high .Transparency International
found that about 35% of births in rural Azerbaijan take place at home, because poor people
cannot afford to pay the high charges for care in facilities which are supposed to be free 1.In the
public sector, it is not just a matter of officials taking bribes to award contracts or favouring
friends and famuly when approving projects.Corrupt officials might also artificially slow down
bureaucratic processes to increase their chances for personal enrichment-the longer the queue for
a service or the more complicated the paperwork, the higher the incentive for citizens to bribe, to
jump the queue or cut the red tape .All of these elements underline the need to intensify the
global fight against corruption in the interests of ensuring economic recovery, achieving better
service with taxpayers`money and re-establishing public trust around the world .The OECD
Anti-Bribery Convention ( (Organisation for Economic Co-operation and Development) is the
first and only International anti-corruption instrument focused on the „supply side” of the bribery
transaction.It establishes legally binding standards to criminalise bribery of foreign public
officials in international business transactions and provides for related measures,such as rigorous
country monitoring in a peer review process and extensive follow-up mechanisms, to ensure
effective implementation 2.Entered into force in 1999, 39 Parties-all 34 OECD countries plus
Argentina,Brazil,Bulgaria,Russia and South Africa -have adopted the Convention as of April
2012. The United Nations Convention against Corruption (UNCAC) is the most comprehensive
legally binding anti-corruption instrument in existence today.The UNCAC bans corruption and
obliges States parties to take a far-reaching set of measures to fight it.States parties commit to
prevent and criminalise corruption-related offences, to openly co-operate with one another and to
return stolen assets to countries of origin 3.As of April 2012, the UNCAC counts 160 States
parties. „In all countries and at all levels of society, corruption threatens to distort social and
economic interactions, reducing efficiency and increasing inequality by favouring the well-
positioned. As a result, the cost of doing business increases, public resources are wasted and the
poor are pushed aside. The crisis has also led to a loss of trust and confidence in the economic
system as a whole. A coherent, co-ordinated and effective commitment to fight corruption and
promote integrity is now crucial to restore citizens’ confidence and pave the way for stronger,
1
https://www.transparency.org/en/publications/global-corruption-report-2006-corruption-and-health#
2
http://www.oecd.org/corruption/oecdantibriberyconvention.htm
3
https://www.unodc.org/unodc/en/treaties/CAC/
3
cleaner and fairer growth - Angel Gurría, OECD Secretary-General”4. „Corruption in health care
costs more than money. When an infant dies during an operation because an adrenalin injection
to re-start her heart was actually just water – how do you put a price on that? The price of
corruption in health care is paid in human suffering. - Huguette Labelle Chair, Transparency
International” 5. The word corruption is derived from Latin word „corruptus”,which means
„corrupted” and, in legal terms, the abuse of a trusted position in one of the branches of
power(executive, legislative, and judicial)or in political or other organization with the intention
of obtaining material benefit which is not legally justified for itself or for others 6.Corruption was
referred to as a great sin already in the Bible: „Do not accept a bribe, for a bribe blinds those who
see and twist the words of the innocent” 7.However, the history of coruption is in fact related to
the beginning of the creation of law and the state and was already in the antiquity considered an
evil, which negatively affects the public administration and the fuctioning of the political system.
Defining corruption can be a challenge. It takes many forms, and perpetrators are skilled in
developing new ways to be corrupt and cover their tracks. Corruption may be defined as the
abuse of entrusted power for private gain . The society plays a key role in fighting
corruption.Today, this statement is unchallenged:it has become a leitmotiv of anti-corruption
discourses.
Causes of corruption
Although corruption differs from country to country, it is possible to indentify some of the key
common driving forces that generate it . What is common to all countries, which are among the
most corrupt, has been identified by Svensson 8, all of them are developing countries or countries
in transition :
With rare exception,low – income countries
Most countries have a closed economy
The influence of religion is visible ( Protestant countries have far the lowest level of
corruption )
Low media freedom and
A relativley low level of education
Among the most commonly mentioned factors that influence the development of corruption are :
Political and economic environment
4
https://www.oecd.org/about/secretary-general/angel-gurria-cv.htm
5
https://www.transparency.org/en/news/ti-chair-huguette-labelle-on-fighting-corruption-in-2012
6
https://www.etymonline.com/word/corrupt
7
https://biblehub.com/exodus/23-8.htm
8
Svensson J. Eight questions about corruption. The Journal of Economic Perspectives. 2005 Pages 19–42,
https://pubs.aeaweb.org/doi/pdfplus/10.1257/089533005774357860
4
Professional ethics and legislation
As well as purely ethnological factors,such as customs,habits and traditions
Elements of corruption
1. Public and private sectors – Corruption occurs in both the public and private
sectors.This includes media and civil society actors.Actors can be individual , companies,
or organisations such as a political parties .
2. Abuse of power – Corruption involves abusing power held in a state institution or a
private organisation
3. Benefit – Both sides involved in the corrupt act benefit, either in terms of money or
undue advantage
Sometimes the „advantage” gained may not be „undue” or clear-cut, but is nonetheless an
advantage.For example, in some corrupt societies people can only secure acces to public
health or education if they pay bribes.In such situation , those who can afford to pay have an
advantage over those who cannot.The bribe-giver`s „benefit” is merely that which is anyway
his or her rightful due. Bribe-takers receive an advantage for carrying out functions that are
anyway their duty to perform.
The cost of corruption to society9
1. Human live – when people cannot get access to heathcare, safe places to live and clean
water, their lives are at risk. When buildings collapse because developers have bribe their
way out of adhering to health and safety standards, the lives of occupants are at risk, too.
2. Trust – corruption has more that just financial costs. It reduces public trust and citizens`
willingness to participate in society.For example, citizens who perceive politicians as
corrupt may not bother to vote in elections, get engaged, or pay taxes.
3. Human rights – are violated as a result of corruption.For example, courts violate the
fundamental right of access to justice when they only hear cases if parties bribe staff and
judges
9
https://www.u4.no/topics/anti-corruption-basics/basics
5
4. Inequality – corruption perpetuates inequality.Data shows that poor people suffer
disproportionately form corruption . In modest income households, petty bribe to a nurse
can cut deep into family`s disposable income .
5. Gender - Women sometimes bear worse consequences of corruption than men. For
example, since women attend to family health issues more frequently, they receive more
bribe requests from medical staff. In public life, female politicians may have less access
to corrupt networks that generate votes and other support.
6. Crime and conflict - Corruption is often linked to organised crime. It thrives in conflict
and war. High levels of corruption can make prolonged conflict more likely, and push
post-conflict societies back into war. Corruption also undermines the responsible
management of natural resources.
7. Environment – corruption can undermine climate change initiatives , as powerful actors
bribe their way out of environmental responsibilities in pursuit of profits.
Corruption in society is an unstoppable force ?
After the analysis made by Transparency International 10 we find some common features :
1. Corruption is linked to the level of GDP (the higher the GDP, the lower the rate of
corruption) - Gross domestic product11
2. Corruption is related to the level of education (the higher the average level of education,
the lower the level of corruption)
3. Corruption is strongly linked to the geographical location. The highest level is in Asia
(mainly in Central Asia), Africa (North and Central Africa) and South America
(according to the Transparency International map)
4. Corruption is strongly linked to the country’s prevailing religion.
5. Corruption is linked to freedom in the country (personal freedom, freedom of speech,
economic freedom, etc.), with respect to the rule of law in a country and inefficiency of
public administration, which is often also locally limited or is inherently corrupt.
6. The lower the country is ranked, the more dominant is the patriarchal society.
10
https://www.transparency.org/en/cpi
11
https://www.investopedia.com/terms/g/gdp.asp
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Conclusions
All people who have a vertical column, support the thesis that the phenomenon of corruption
must be prevented and counteracted by complex and effective measures. The content and, in
particular, the effectiveness of measures to prevent and combat corruption must be established
and verified, respectively, by undertaking activities designed to contribute to the proper
knowledge of the concrete forms of manifestation of acts of corruption. The lack of relevant and,
as far as possible, exhaustive information on the acts of corruption in society can lead to
inappropriate measures, so that instead of preventing and limiting the phenomenon of corruption,
it can be maintained or even increased in intensity. Unfortunately, the more certain the antiquity
of corruption, the more certain it is the impossibility of its total elimination from contemporary
human societies, so that now we are no longer talking about eradicating the phenomenon of
corruption, but discussing reducing corruption within reasonable limits. to be socially bearable,
because in any society there have been and are officials who seek to achieve illicit benefits from
their office, as well as citizens who use the "services" of such officials.
7
Bibliography
1. https://www.transparency.org/en/publications/global-corruption-report-2006-corruption-and-
health#
2. http://www.oecd.org/corruption/oecdantibriberyconvention.htm
3. https://www.unodc.org/unodc/en/treaties/CAC/
4. https://www.oecd.org/about/secretary-general/angel-gurria-cv.htm
5. https://www.transparency.org/en/news/ti-chair-huguette-labelle-on-fighting-corruption-in-
2012
6. https://www.etymonline.com/word/corrupt
7. https://biblehub.com/exodus/23-8.htm
8. Svensson J. Eight questions about corruption. The Journal of Economic Perspectives. 2005 Pages 19–42,
https://pubs.aeaweb.org/doi/pdfplus/10.1257/089533005774357860
9. https://www.u4.no/topics/anti-corruption-basics/basics
10. https://www.transparency.org/en/cpi
11. https://www.investopedia.com/terms/g/gdp.asp
