Policy considerations when drafting conflict of interest legislation

Messick, Richard E.

doi:10.4337/9781781009352.00015

Corruption and Conflicts of Interest 2014

DOI: 10.4337/9781781009352.00015

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Policy considerations when drafting conflict of interest legislation

Richard E. Messick¹

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Parliamentary ethics regulation and trust in European democracies

Bolleyer

Smirnova

2017

West European Politics

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This paper presents a three-dimensional conceptualization of conflict of interest (COI) regulation directed towards assuring the impartial and unbiased decision-making of parliamentarians. We distinguish and separately measure (based on a new dataset) COI Strictness, Sanctions and Transparency and show they indeed constitute empirically separate dimensions of parliamentary ethics regimes adopted in European democracies. To illustrate the usefulness of our indices, we examine the relationship between them and trust in national parliaments across 25 democracies. Unlike our Sanction and Transparency Index, the COI Strictness Index (composed of strictness of rules and enforcement) has a significant and robust negative association with trust, which highlights the importance of disentangling different elements of COI regimes. While future research has to explore the causal relationships between COI regulation and trust, capturing the complexity of COI regimes in an unbiased fashion and thereby making them comparable across European democracies is an essential step towards doing so.

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Parliamentary ethics regulation and trust in European democracies

Bolleyer

Smirnova

2017

West European Politics

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Conflict of interest regulation in European parliaments: Studying the evolution of complex regulatory regimes

Bolleyer

Smirnova

Mascio

et al. 2018

Regulation & Governance

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The growing complexity of parliamentary ethics regulation adopted over the last decades makes the systematic examination of its nature and the rationales underpinning regulatory choices an important endeavour. In this paper we introduce conceptualizations and measurements of conflict of interest (COI) regulation directed towards assuring the impartial and unbiased decision-making of national parliamentarians. We distinguish the strictness of rules, the nature of enforcement, sanctions and transparency requirements as core elements defining COI regimes. Applying our framework to 27 European democracies, we select two cases for in-depth analysis in which legislators chose very different solutions as response to growing pressures to regulate themselves to explore inductively the drivers underpinning the choice of COI mechanisms: the UK adopting a highly transparencyoriented and Belgium adopting a highly sanction-oriented COI regime. Echoing neoinstitutionalist perspectives, the longitudinal analyses indicate how distinct answers to similar functional pressures are shaped by the two democracies' different institutional environments.

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Policy considerations when drafting conflict of interest legislation

Cited by 2 publications

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Parliamentary ethics regulation and trust in European democracies

Parliamentary ethics regulation and trust in European democracies

Conflict of interest regulation in European parliaments: Studying the evolution of complex regulatory regimes

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