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1 – 8 of 8Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption…
Abstract
Purpose
Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption (2023) and the Proposal for a Directive on Asset Recovery and Confiscation (2022). This paper aims to discuss these developments from the perspective of the UNCAC, to identify missing elements in the EU’s asset recovery mechanisms.
Design/methodology/approach
Critical approach towards EU anti-corruption policy (discussing the problems and solutions). Review of EU developments in asset recovery law.
Findings
There is a political will on the part of the EU to fight corruption through the rules enshrined in the UNCAC. However, improving EU law by introducing a new type of confiscation of unexplained wealth and criminalising illicit enrichment, without establishing convergent rules for the return of corrupt assets from EU territory to the countries of origin, cannot be seen as sufficient action to achieve the UNCAC’s objectives. In modelling mechanisms of the return of assets, the EU should search for solutions to overcome the difficulties resulting from the ordre public clause remaining a significant factor conditioning mutual legal assistance.
Originality/value
This paper discusses the possible input of the EU, as a non-State Party to the UNCAC, to advance implementing the UNCAC solutions on asset recovery by establishing convergent rules for the return of corrupt assets from EU territory to countries of origin.
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Jacobus Gerhardus J. Nortje and Daniel Christoffel Myburgh
The purpose of this paper is to identify and discuss impediments in the compilation of an application for a search and seizure warrant for digital evidence and the structure of…
Abstract
Purpose
The purpose of this paper is to identify and discuss impediments in the compilation of an application for a search and seizure warrant for digital evidence and the structure of such a warrant in South African criminal cases.
Design/methodology/approach
This paper provides a brief overview of international and local impediments, followed by a detailed discussion of the implications of these impediments and how it is approached in various jurisdictions. The methodology of this paper consists of a literature review.
Findings
Addressing the impediments in the compilation of the application and the warrant will be beneficial for forensic investigators, the South African Police Service (SAPS) and the administration of justice in South Africa.
Research limitations/implications
Search and seizures for digital evidence form part of civil, regulatory and criminal search and seizures. This study focuses on the search and seizure of digital evidence in criminal matters pursuant to mainly the provisions of the Criminal Procedure Act 51 of 1977 and the Cybercrimes Act 19 of 2020.
Originality/value
The originality of this paper lies in the approach to the drafting of applications for search and seizure warrants for digital information in South Africa. The contribution of the study is that, by using this approach, the SAPS can address the impediments during the application and compilation of the warrants, which would enhance the quality of investigations and contribute to the successful investigation and prosecution of crime in South Africa.
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Silvia Sacchetti and Alberto Ianes
This study aims to address the question of what coordination mechanism can be used for cultural production and, in particular, for the governance of music culture production. The…
Abstract
Purpose
This study aims to address the question of what coordination mechanism can be used for cultural production and, in particular, for the governance of music culture production. The authors locate their reflection within the specific institutional innovations introduced in Italy in 2017, focusing on the idea of shared administration and the public–private collaboration instituted in Trentino (a province located in northern Italy) in support of its cultural policy.
Design/methodology/approach
This study focusses on the Trentino’s music school system. This includes 13 organisations (musicians’ cooperatives as well as associations of musicians and students, plus one municipal school which do not overlap with the public school system). To analyse shared administration features, the authors rely on selected information from 50 interviews with Trentino Music Schools (TMS) teachers and administrators, and on the proceedings of the 1994 music school conference organised by the schools at the time when this novel educational system was created.
Findings
To offer an innovative educational service, the public actor (Provincia Autonoma di Trento [PAT]) and the schools (TMS) have developed a strong interdependence at the different levels of decision-making: PAT needs organisations that are sufficiently structured and organised to respect requirements of transparency and accountability, as well as educational standards, whereas TMS need public funding to maintain their service accessible for users, good labour conditions and be financially sustainable. Likewise, the success of TMS in educating thousands of students every year, including additional teaching programmes funded by PAT within general public schools, has contributed to decrease the exclusion from music education, raise interest in young people for music and fed enrolment in TMS as well as in the public schools related to the conservatoire filière. Conclusions emphasise the existence of a polycentric system of music culture production which needs to acknowledge the risk of being trapped in a static disequilibrium, while recognising change and the need to support and promote a culture of cooperation among schools and across layered institutional levels over time.
Research limitations/implications
Further research can observe this system of cultural production over time, to appreciate changes and organisational tranformations, while introducing comparative analysis with other systems in different regions.
Practical implications
The relationship between the public and private sectors to design, organise and manage activities of collective interest (in the social, cultural, sporting and other fields) can increasingly become an effective and efficient alternative to the traditional bureaucratic as well as to the competitive method. For this to happen, however, all actors involved must be aware not only of areas of efficiency but also of inefficiency. To remedy the latter, corrective measures will have to be introduced. For example, fostering and improving “co-programmazione” and “co-progettazione” means giving all stakeholders involved the opportunity to actively participate. Should the number of participants increase, more discussion fora could be set up because one alone may not be sufficient to foster maximum involvement, to enhance different points of view, to allow for intersectoral and multidisciplinary interpretations and responses.
Social implications
The system governance based on co-programming and co-design has allowed – despite limitations – to pursue educational purposes and thus well-being for the users, as well as for the teachers and the community as a whole. The continuity of this educational and cultural action has been guaranteed by the economic and financial sustainability of the schools, which is highly dependent on the public actor funding personnel costs, and in turn tied to the number of students (demand) attending each school. Actors embedded in the system need to build awareness of industry and cultural changes and knowledge of how to introduce more adaptive capacity. This points towards the need for strengthening networking capacity and collaboration among schools and other relevant stakeholders.
Originality/value
The case presented is a unique system of music culture production in Italy, and its governance has never been addressed by previous studies. It provides an application of shared administration to which public administrations and communities can learn to improve access to music culture and education. For public and private organisations to take advantage of the method of “co-programmazione” and “co-progettazione”, to make the production of a meritorious good more efficient and to favour its maximum accessibility, this study considers the strengths and weaknesses of this approach, or the areas of efficiency and inefficiency, for which new measures will have to be introduced.
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Imoh Antai and Roland Hellberg
The total defence (TD) concept constitutes a joint endeavour between the military forces and civil defence structures within a TD state. Logistics is essential for such joint…
Abstract
Purpose
The total defence (TD) concept constitutes a joint endeavour between the military forces and civil defence structures within a TD state. Logistics is essential for such joint collaboration to work; however, the mismatch between military and civil defence logistics structures poses challenges for such joint collaboration. The purpose of this paper is to identify logistics concept areas within the TD framework that allow for military and civil defence collaborations from a logistics operations perspective.
Design/methodology/approach
Pattern-matching analysis is used to compare patterns found in the investigated case with those prescribed from the literature and predicted to occur. The study seeks to identify logistics concepts within TD from the literature and from the events describing the Swedish response to the Covid-19 pandemic. Pattern matching thus allows for the reconciliation of logistics concepts from the literature to descriptions of how the response was handled, albeit under a TD framework.
Findings
Findings show quite distinct foci between the theoretical and observational realms in terms of logistics applications. While the theoretical realm identifies four main logistics concepts, the observational realm identifies five logistics conceptual themes. This goes on to show an incongruence between the military and civil parts of the TD.
Research limitations/implications
This study provides basis for further research into the applications and management of logistics activity within TD and emergency response.
Originality/value
Logistics applications within TD have not, until now, received much attention in the literature. Given this knowledge gap, this study is of original value.
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Manuel Castelo Castelo Branco, Delfina Gomes and Adelaide Martins
The purpose of this study is to contribute to the discussion surrounding the definition of accounting proposed by Carnegie et al. (2021a, 2021b) and further elaborated by Carnegie…
Abstract
Purpose
The purpose of this study is to contribute to the discussion surrounding the definition of accounting proposed by Carnegie et al. (2021a, 2021b) and further elaborated by Carnegie et al. (2023) from/under an institutionalist political-economy (IPE) based foundation and to specifically extend this approach to the arena of social and environmental accounting (SEA).
Design/methodology/approach
By adopting an IPE approach to SEA, this study offers a critique of the use of the notion of capital to refer to nature and people in SEA frameworks and standards.
Findings
A SEA framework based on the capabilities approach is proposed based on the concepts of human capabilities and global commons for the purpose of preserving the commons and enabling the flourishing of present and future generations.
Practical implications
The proposed framework allows the engagement of accounting community, in particular SEA researchers, with and contribution to such well-established initiatives as the Planetary Boundaries framework and the human development reports initiative of the United Nations Development Programme.
Originality/value
Based on the capability approach, this study applies Carnegie et al.’s (2023) framework to SEA. This new approach more attuned to the pursuit of sustainable human development and the sustainable development goals, may contribute to turning accounting into a major positive force through its impacts on the world, expressly upon organisations, people and nature.
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The paper provides a detailed historical account of Douglass C. North's early intellectual contributions and analytical developments in pursuing a Grand Theory for why some…
Abstract
Purpose
The paper provides a detailed historical account of Douglass C. North's early intellectual contributions and analytical developments in pursuing a Grand Theory for why some countries are rich and others poor.
Design/methodology/approach
The author approaches the discussion using a theoretical and historical reconstruction based on published and unpublished materials.
Findings
The systematic, continuous and profound attempt to answer the Smithian social coordination problem shaped North's journey from being a young serious Marxist to becoming one of the founders of New Institutional Economics. In the process, he was converted in the early 1950s into a rigid neoclassical economist, being one of the leaders in promoting New Economic History. The success of the cliometric revolution exposed the frailties of the movement itself, namely, the limitations of neoclassical economic theory to explain economic growth and social change. Incorporating transaction costs, the institutional framework in which property rights and contracts are measured, defined and enforced assumes a prominent role in explaining economic performance.
Originality/value
In the early 1970s, North adopted a naive theory of institutions and property rights still grounded in neoclassical assumptions. Institutional and organizational analysis is modeled as a social maximizing efficient equilibrium outcome. However, the increasing tension between the neoclassical theoretical apparatus and its failure to account for contrasting political and institutional structures, diverging economic paths and social change propelled the modification of its assumptions and progressive conceptual innovation. In the later 1970s and early 1980s, North abandoned the efficiency view and gradually became more critical of the objective rationality postulate. In this intellectual movement, North's avant-garde research program contributed significantly to the creation of New Institutional Economics.
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Jean Grugel, Sarah C. Masefield and Alan Msosa
Health in low-income countries has become associated with the provision of minimum guaranteed public health services though Essential Health Packages (EHPs). How far do EHPs…
Abstract
Purpose
Health in low-income countries has become associated with the provision of minimum guaranteed public health services though Essential Health Packages (EHPs). How far do EHPs deliver the human right to health for all? This study addresses this question through qualitative research into access to health care for vulnerable communities, using Malawi as a case study. This study shows that there are significant accountability gaps and perceptions of weak service provision in Malawi’s EHP in relation to some particularly marginalised (and stigmatised) groups that limit the right to health and the promise of “health for all”.
Design/methodology/approach
This study extends the body of qualitative work on EHPs in general and on Malawi in particular by exploring the perceptions of key stakeholders in relation to inclusivity and the delivery of health policies to particularly vulnerable groups. To do so, this study adopted an approach based on interpretive epistemologies (Scott, 2014). This study conducted largely unstructured interviews with a range of health stakeholders, speaking to stakeholders individually, rather than through focus groups due to the potentially sensitive nature of the topic.
Findings
The findings of this study are as follows: limited inclusion of civil society actors and local communities; local communities and local policymakers feel frustration with the gap between the promises of consultation in the EHP and the reality, and the difficulties of not having effective channels of communication; and exclusionary health practices for particularly vulnerable groups.
Research limitations/implications
There are limitations based on the qualitative methodology, and in terms of the particularly vulnerable groups – the authors studied two such groups (people with disabilities and those who identify as LBTQ) but a wider survey of vulnerable groups is needed to extend and confirm the findings.
Practical implications
Greater attention to the health rights of vulnerable groups would improve access and services, even in the context of resource restrictions. This study suggests that a deeper engagement with human rights-based approaches would pay dividends in terms of increasing access to health in Malawi, even within the constraints of the EHP process. Furthermore, without this, there is the risk that discrimination and exclusion will become more embedded in health policies, rather than progressively minimised.
Social implications
Without addressing these issues, there is the risk that discrimination and exclusion will become more embedded in health policies, rather than progressively minimised.
Originality/value
This paper makes an important contribution to the growing literatures on EHP in sub-Saharan Africa and Malawi in particular and to the importance of listening to stakeholder perceptions. It provides original data on stakeholder perspectives of the challenges associated with universalising health care in resource-constrained countries. To the best of the authors’ knowledge, it is one of the first papers to focus on the rights of disabled and LBTQ people in relation to EHPs.
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Mahesh Subramony and Mark S. Rosenbaum
The purpose of this study is to address United Nations’ sustainable development goals (SDGs) 8 and 9 from a service perspective. SDG 8 is a call to improve the dignity of service…
Abstract
Purpose
The purpose of this study is to address United Nations’ sustainable development goals (SDGs) 8 and 9 from a service perspective. SDG 8 is a call to improve the dignity of service work by enhancing wages, working conditions and development opportunities while SDG 9 calls upon nations to construct resilient infrastructures, promote inclusivity and sustainability and foster innovation.
Design/methodology/approach
This study uses a bibliometric review to extract important themes from a variety of scholarly journals.
Findings
Researchers tend to investigate policy-level topics, such as national and international standards related to working conditions, while ignoring the experiences or well-being of workers occupying marginalized and low-opportunity roles in service organizations. Service researchers, educators and practitioners must collaborate to improve the state of service industries by conducting participatory action research, promoting grassroots organizing/advocacy, implementing digitized customer service and addressing workforce soft skills deficiencies.
Research limitations/implications
The authors consider how service work can be transformed into respectable employment and present four specific ways nations can enhance their service industries.
Practical implications
Economic planners can view SDGs 8 and 9 as a framework for understanding and promoting the well-being of service employees and accelerating the productivity and innovation levels of the service sector.
Originality/value
The United Nations’ SDGs are examined from a services perspective, which increases their significance in service-dominated economies.
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