A behavioural approach for effective corruption prevention legislation

A behavioural approach for effective corruption prevention legislation
Date
8 December 2016, 1.00pm - 2.00pm
Type
Seminar
Venue
Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR
Description

PROFESSOR NICOLETTA RANGONE, Professor of Economic Law and Administrative Law at LUMSA University, Rome; IALS Visiting Fellow.

Discussant: PROFESSOR ROBERT BALDWIN, Professor of Law at the London School of Economics

Chair: Dr CONSTANTIN STEPHANOU, Institute of Advanced Legal Studies

A deterrence-based approach to corruption - based on rationality - empha­sizes the role of adequate sanctions and controls to prevent corrup­tion. This traditional approach is questioned by the cognitive sciences which describe real people whose decision are affected by bias, heuristics and the choice of peers.

The contention of the presentation is that corruption prevention rules (such as whistle-blower protection, staff rotation, and transparency in the public sector) should be informed by findings about how real people think and behave in order to be more effective.  In order to create a more effec­tive legislative framework of corruption prevention, two questions will be explored:

  • How should regulatory impact assessment tool evolve in order to take into account people’s cognitive limitations? Examples of a cognitive-based RIA of whistleblower regime will be given.
  • How should transparency in the public sector - including information on Compliance - be provided in order to contribute to limiting corrup­tion?   

SPEAKERS

Nicoletta Rangone is a full professor of Economic Law and Administrative Law at LUMSA University, where she is director of the MSc on Management and Consulting Program and leads a Jean Monnet Module on “EU Approach to Better Regulation”. She has been associate professor at the Politecnico of Milan, qualified lawyer, Doctoral fellow at the Université Libre de Bruxelles, and she completed a PhD in Public Law (University of Bologna). She worked for national and international institutions on regulation: the OECD, the Italian Competition Authority, the Italian Ministry of Public administration, the Italian Presidency of the Council of Ministries, the Italian Ministry for Justice, the Italian National School of Administration, the Italian Authority for Energy. Her research interests are in public utilities, competition, regulation and its quality, impact assessment, simplification, and a behavioral approach to rule-making. Among her most recent publications: Techniques for improving the quality of procedural rules, in J.-B. Auby and T. Perroud, “Comparative Law of Administrative Procedure”, Bruylant, 2015, and Behavioural Sciences in Practice: Lessons for EU Policymakers, with F. Di Porto, in “Nudge and the Law: A European Perspective?”, A. Alemanno and A.-L. Sibony, eds., Hart, 2015.

Robert Baldwin is a Professor of Law at the LSE , where he teaches Regulation and Criminal Law. He has written numerous books and learned articles on regulation , including the most widely used academic volume on regulation in the UK: Understanding Regulation (Oxford 1999 with Martin Cave). He has advised numerous corporations, international bodies , government departments and agencies on regulation and is a member of the National Audit Office's Panel of Regulatory Experts. He led the team that wrote the Scoping Study Report for the Government's Review of Legal Services Regulation as well as the team that wrote the DEFRA Review of Enforcement 2005-6. 

REGISTRATION: This seminar is FREE but those wishing to attend are asked to book in advance. 


Contact

IALS Events Office
IALS.events@sas.ac.uk
020 7862 8833