geändert / updated: 17/04/08


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(Transparency; 03-02; p.4)


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)

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