(Transparency; 03-02; p.4)
Suggestions
Laws that would decrease intransistent state
actions in Germany would be a US-style "freedom of information
act" and a "corruption pillory act". The first
one mentioned would give every interested citizen a right to inform
himself about any state action not concerning national security.
Especially entrepreneurs could have a look at state orders or
permissions given, and if corruption is suspected, charge the
ones responsible.
Insider deals, i.e. the already now criminal
passing of information to gain advantages cannot be prevented
by such a law. It will be very difficult to prove that state employees
e.g. have passed offers of contestants to entrepreneurs of their
own "club" before these made their offers.
So-called "thank-you deals", i.e. paying a "thank-you"
to club members working for the authorities after a contract has
been concluded, probably will not be prevented either.
Beside existing laws for state employees that
decrease incentives on the demand side, laws are needed that yield
costs for potential suppliers, entrepreneurs that act in such
a way.
Formed after the middle-age model, a "corruption pillory"
would be an effective means: companies which have a proven record
of acting as described were to pilloried on a list accessible
for everyone for a specified amount of time. Orders of government
bodies must not be given to these companies within that period
and contestants could promote a kind of "corruption-free"
label.
Costs in form of contracts not concluded and image losses would
so by economic means prohibit companies to gain advantages in
such a way.
(end of article)