A Comparative Law Approach
- Studies in Comparative Law and Legal Culture series
Edited by Jean-Bernard Auby, Emmanuel Breen and Thomas Perroud
Chapter 14: Global integrity': National administrations versus global regimes
The OECD defines 'integrity of the public sector' as 'the application of values, principles and norms in the daily operations of public sector organisations'. Many states adopt integrity measures especially by implementing ad hoc global standards under control of global regimes. At the same time, integrity rules may also be applied to global institutions in relation to specific functions, and in certain sectors with an economic relevance. In particular, some global regimes provide for integrity measures in their staff regulations or in specific acts.The present chapter aims to analyse integrity of the public sector, in order to answer the following questions: do global regimes practice 'what they preach' (in other terms, what they recommend states to do)? Furthermore, do they practice with the same diligence with which they preach? Such objectives suggest how this chapter is organized. After an analysis of the integrity definition at the global level (section 2), section 3 examines 'what and how global regimes preach', by illustrating global integrity measures applied to states on the basis of three parameters: (a) normative framework; (b) compliance with global integrity rules; (c) control mechanisms. The same parameters are then considered in section 4, in order to analyse the global regimes' approach to integrity - in other words, 'what and how they practice'. It allows us to verify whether global regimes practice what they preach, and in which manner they do it, by identifying peculiarities of both national and global approaches (section 5). It leads, in turn, to conclusions concerning some open problems (section 6).2.
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