Tesi etd-02162022-102630
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Tipo di tesi
Dottorato
Autore
HOGIC, NEDIM
URN
etd-02162022-102630
Titolo
Judicial Anti-Corruption Campaigns: Cases of Italy, Brazil and Romania
Settore scientifico disciplinare
IUS/17
Corso di studi
Istituto di Diritto, Politica e Sviluppo - PHD IN LAW
Commissione
relatore Prof. DI MARTINO, ALBERTO
Membro Prof. VANNUCCI, ALBERTO
Membro Prof.ssa Wickberg, Sofia Margareta
Membro Prof. BRESSANELLI, Edoardo
Membro Prof. VANNUCCI, ALBERTO
Membro Prof.ssa Wickberg, Sofia Margareta
Membro Prof. BRESSANELLI, Edoardo
Parole chiave
- Brazil
- corruption
- criminal process.
- Italy
- judicial reputation
- Romania
- rule of law
Data inizio appello
27/07/2022;
Disponibilità
parziale
Riassunto analitico
How do the judicial interventions against corruption contribute to the establishment of control over this phenomenon? The dissertation that I am proposing analyses and examines the three major judicial anti-corruption campaigns that have taken place in the last three decades in Italy, Brazil and Romania seeking to explain why such campaigns emerge, what are the main legal challenges with which they are faced and what impact do they have.
I argue that the key driver facilitating these campaigns is judicial reputation and the individual reputation seeking activities of the campaigns’ key actors, namely the judges and prosecutors. I consider the challenges to the rule of law and human rights of the prosecuted individuals, finding that the campaigns have led to violation of procedural rights focused on the provision of evidence occurred but have not disrupted the principles of separation of powers. Lastly, my dissertation considers the impacts of the campaigns, finding that both the campaigns and the role of the judiciary within the campaigns have become a cleavage within the political systems of the three countries, whereas their economic impact was limited, as they contributed primarily to a more transparent public procurement system. From a legal standpoint, I conclude that the campaigns have increased the reputation of the judicial system and have led to the creation of significant obstacles preventing similar campaigns from occurring in the future.
The monograph contributes to the theoretical framework of anti-corruption studies by analysing the campaigns from the standpoint of two main theoretical approaches to anti-corruption measures: a principal–agent theory and collective action theory. The dissertation finds that the campaigns change the equilibrium of political corruption within society and have a mobilisation potential that, however, remains limited, as effective popular mobilisation exists both for and against the campaigns and for the judiciary as a whole.
I argue that the key driver facilitating these campaigns is judicial reputation and the individual reputation seeking activities of the campaigns’ key actors, namely the judges and prosecutors. I consider the challenges to the rule of law and human rights of the prosecuted individuals, finding that the campaigns have led to violation of procedural rights focused on the provision of evidence occurred but have not disrupted the principles of separation of powers. Lastly, my dissertation considers the impacts of the campaigns, finding that both the campaigns and the role of the judiciary within the campaigns have become a cleavage within the political systems of the three countries, whereas their economic impact was limited, as they contributed primarily to a more transparent public procurement system. From a legal standpoint, I conclude that the campaigns have increased the reputation of the judicial system and have led to the creation of significant obstacles preventing similar campaigns from occurring in the future.
The monograph contributes to the theoretical framework of anti-corruption studies by analysing the campaigns from the standpoint of two main theoretical approaches to anti-corruption measures: a principal–agent theory and collective action theory. The dissertation finds that the campaigns change the equilibrium of political corruption within society and have a mobilisation potential that, however, remains limited, as effective popular mobilisation exists both for and against the campaigns and for the judiciary as a whole.
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