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The Transformation of Transparency – On the Act on Public Procurement and the Right to Appeal in the Context of the War on Corruption

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  • Thomas Lennerfors

Abstract

This article discusses the alleged anti-corruption effects of procurement reforms by presenting the European Act on Public Procurement and the increasing number of appeals filed by suppliers due to perceived misevaluations of tenders and perceived impairments of transparency. The delays and costs that arise from this right to appeal are studied in the Swedish context with the aim of contributing to the debate on corruption in two ways. First, instead of using the modern definition of corruption, the ancient definition is introduced to explain anti-corruption efforts, focusing on corruption as deviations from a pristine standard as opposed to corruption as the abuse of public power for private gain. Second, it will be argued that the fight against corruption in the practical implementation of the European Act on Public Procurement jeopardizes efficiency and might devaluate competence. However, striving for the total elimination of corruption–an evil that has to be fought disregarding the consequences–is integral in the war against it. Copyright Springer Science+Business Media, Inc. 2007

Suggested Citation

  • Thomas Lennerfors, 2007. "The Transformation of Transparency – On the Act on Public Procurement and the Right to Appeal in the Context of the War on Corruption," Journal of Business Ethics, Springer, vol. 73(4), pages 381-390, July.
    • Handle: RePEc:kap:jbuset:v:73:y:2007:i:4:p:381-390
    DOI: 10.1007/s10551-006-9213-3
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    References listed on IDEAS

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    1. Hellman, Joel S. & Jones, Geraint & Kaufmann, daniel, 2000. ""Seize the state, seize the day": state capture, corruption, and influence in transition," Policy Research Working Paper Series 2444, The World Bank.
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    Cited by:

    1. Ivan Bozhikin & Nikolay Dentchev, 2018. "Discovering a Wilderness of Regulatory Mechanisms for Corporate Social Responsibility: Literature Review," Economic Alternatives, University of National and World Economy, Sofia, Bulgaria, issue 2, pages 145-174, June.
    2. Michal Plaček & Martin Schmidt & František Ochrana & Milan Půček, 2019. "Factors Affecting the Length of Procedure in Public Procurement: The Case of the Czech Republic," Prague Economic Papers, Prague University of Economics and Business, vol. 2019(3), pages 313-329.
    3. Vladislav ?ehá?ek, 2023. "Analysis of the process of small-scale public procurement in the education sector in the Czech Republic," International Journal of Teaching and Education, European Research Center, vol. 11(1), pages 61-81, December.
    4. Mircea Liviu Negruț & Adriana Muțiu & Ana-Andreea Mihărtescu, 2022. "Insights on the Performance of Public Procurement for Water Utilities Works," Sustainability, MDPI, vol. 15(1), pages 1-25, December.
    5. Tim Reilly & Amit Saini & Jenifer Skiba, 2020. "Ethical Purchasing Dissonance: Antecedents and Coping Behaviors," Journal of Business Ethics, Springer, vol. 163(3), pages 577-597, May.

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