Anne van Aaken

The pros and cons of stricter disclosure rules for parliamentarians are hotly debated. Some argue that disclosure rules for parliamentarians increase transparency of the legislative branch, leading to lower levels of rent-seeking and corruption, increased citizen trust in parliament, and better quality of law-making. Others argue that disclosure rules endanger the privacy of parliamentarians, that their introduction would stop businesspeople and lawyers from running for seats, which would decrease the quality of law-making. This is the first attempt to empirically test these conjectures on the composition of parliament empirically. We find that the introduction of disclosure rules is usually not accompanied by a significant shift in the proportion of lawyers and businesspeople in parliament.

It is hypothesized that prosecution agencies that are dependent on the executive have less incentives to prosecute crimes committed by government members that in turn increases their incentives to commit such crimes. Here, this hypothesis is put to an empirical test focusing on a particular kind of crime, namely corruption. In order to test it, it was necessary to create an indicator measuring de jure as well as de facto independence of the prosecution agencies. The regressions show that de facto independence of prosecution agencies robustly reduces corruption of officials.

Criminal investigation and prosecution of politicians, top civil servants and other public figures are topics frequently discussed in the media. The nature of the investigating or prosecuting authority varies between countries - from the general public prosecutor, through magistrates to independent counsels or parliamentary investigation commissions. This paper analyzes the role and status of public prosecutors within the separation of powers-concept. Prosecutors are usually part of the executive and not the judicial branch, which implies that they do not enjoy the same degree of independence as judges, and are ultimately subordinated to the directives of the minister of justice or the government. Conflicts of interest may hence arise if members of government can use the criminal process for their own or partisan interests. The incentives of public prosecutors in different jurisdictions are compared.