BridgeGap
 

Theme: regulation

Components

Public accountability

Covers political and administrative accountability mechanisms. Indicators:

  • Total score for de jure transparency This score captures the government's commitment to transparency as per the country's legislation and international agreements. It looks at 6 different categories including the country's ratification of the United Nations convention against Corruption, the existence of a freedom of information law, and participation in initiatives such as the Open Government Partnership.  

Political Financing Regulation

Encompasses the assessment of regulations, transparency, and enforcement mechanisms governing political financing. Indicators:

  • Political Financing Score Strength of the legal framework on campaign and political financing  
  • Bans and limits on private income This indicator captures whether the existing legislation contemplates bans on private donations, including from foreign interests, corporations, trade unions, and anonymous sources.  
  • Public funding This indicator captures whether the existing legislation incorporates provisions to determine eligibility for public funding to political parties and how public funding is allocated. Additionally, the indicator considers whether public funding to political parties incorporates provisions to foster gender equality among political parties and candidates.  
  • Regulations on spending This indicator captures whether the existing legislation incorporates limits on spending and bans certain expenditures including vote-buying or the use of state resources to favor or disadvantage specific political parties or candidates.  
  • Reporting, oversight and sanctions This indicator captures whether the existing legislation defines specific reporting standards for political parties and campaign expenditures, as well as the existence of an adequate institutional framework to examine financial reports, investigate violations, and sanction political parties in case of infractions.  

Financial Disclosure Regulation

Evaluates financial disclosure requirements for public officials to detect conflicts of interest, prevent illicit enrichment, and ensure transparency in their financial activities to curb corruption and maintain accountability in public office. Indicators:

  • Financial Disclosure Score Strength of the legal framework on financial disclosure for politicians  
  • Financial Disclosure for Head of State This indicator evaluates various aspects of financial disclosure for Heads of State, including the items required to be disclosed, the frequency of filing, the sanctions for non-compliance, the mechanisms for monitoring and oversight, and public access to the declarations  
  • Financial Disclosure for Ministers This indicator evaluates various aspects of financial disclosure for Ministers, including the items required to be disclosed, the frequency of filing, the sanctions for non-compliance, the mechanisms for monitoring and oversight, and public access to the declarations  
  • Financial Disclosure for Members of Parliament This indicator evaluates various aspects of financial disclosure for members of Parliament, including the items required to be disclosed, the frequency of filing, the sanctions for non-compliance, the mechanisms for monitoring and oversight, and public access to the declarations  
  • Financial Disclosure for Civil servants This indicator evaluates various aspects of financial disclosure for civil servants, including the items required to be disclosed, the frequency of filing, the sanctions for non-compliance, the mechanisms for monitoring and oversight, and public access to the declarations  

Conflict of Interest Regulation

Assesses policies and restrictions aimed at preventing conflicts of interest among public officials. Indicators:

  • Conflict of Interest Score Strength of the legal framework on conflict of interest  
  • Restrictions This indicator captures whether the existing legislation restricts specific variations of conflict of interest such as accepting gifts, private firm/stock ownership, holding government contracts, etc.  
  • Sanctions This indicator captures whether the existing legislation stipulates fines, penal sanctions, or administrative sanctions for violations of COI regulations restricting behavior  
  • Monitoring and Oversight This indicator captures whether the existing legislation incorporates designates specific monitoring and enforcement bodies for matters of conflict of interest.  

Freedom of Information Regulation

Evaluates the legal framework and implementation of freedom of information laws, focusing on access to government-held information, proactive disclosure, and mechanisms that ensure accountability and transparency. Indicators:

  • Freedom of Information Score Strength of the legal framework on access to information  
  • Scope and coverage This indicator assesses the scope of public information disclosure, including the coverage of both public and private sectors, and the access to specific documents, whether subject to reactive and/or proactive disclosure  
  • Information access and release This indicator evaluates existing procedures to access public information and the deadlines for its release  
  • Exceptions and Overrides This indicator assesses exemptions to disclosure and the availability of appeals processes  
  • Sanctions for non-compliance This indicator assesses the presence of specified sanctions for violations of disclosure requirements, including administrative sanctions, fines, and criminal sanctions  
  • Monitoring and Oversight This indicator evaluates the existence of institutional mechanisms to support the implementation of disclosure requirements, including the mandatory appointment of information officers in public agencies, the designation of a public body responsible for applying sanctions, the presence of a public body dedicated to public outreach, the establishment of a nodal agency for RTI implementation support and compliance, the legal specification of the Ombudsman's involvement in implementation, and the requirement for reporting data and/or implementation.  

Public Procurement Regulation

Assesses the transparency, fairness, and regulatory compliance of public procurement processes, focusing on the availability of information, competition, and oversight mechanisms throughout key procurement phases. Indicators:

  • Public Procurement Score Strength of the legal framework on public procurement  
  • Scope and coverage This indicator captures mainly the existing thresholds above which the public procurement regulation applies in different sectors and types of products.  
  • Information availability This indicator captures the amount of information available online to trace the different stages of the procurement process, from tendering to contracting.  
  • Evaluation This indicator captures whether the existing legislation establishes specific criteria to evaluate the bids received and avoid preferential treatment. This includes, among others, reasons for exclusion, clauses that favour national companies over international ones.  
  • Open competition This indicator captures the extent to which the existing legal framework in a country helps guarantee open and competitive procurement procedures by ensuring the publication of the terms of reference, requiring a minimum number of bidders, and defining the minimum number of days that bidding processes remain open.  
  • Institutional arrangements This indicator captures whether the existing legislation in a country establishes an institutional framework to regulate public procurement and process complaints.  

Criminal Law

Focuses on the criminal justice system’s role in enforcing anti-corruption measures. Indicators: