International Journal on Criminology
In recent years , France has strengthened its regulatory arsenal , which is now very comprehensive , to prevent conflicts of interest that may concern elected officials and public servants , including :
• a mechanism for monitoring and verifying asset declarations ;
• severe sanctions in the event of non-compliance with these regulations ;
• control of this compliance by independent administrative authorities . The High Authority for Transparency in Public Life ( HATVP ), created in 2013 , is responsible for monitoring the asset declarations and declarations of interest of 15,000 public officials , and the civil service ethics commission , created in 1993 , is more specifically responsible for “ slippage .”
Public officials are now required to immediately put an end to any conflict of interest situations in which they find themselves or could find themselves .
2 The Advantages of These Mechanisms in the Fight Against Corruption
The law of December 9 , 2016 on transparency , the fight against corruption ,
and the modernization of economic life ( Sapin II law ) reinforces the actions to be implemented to prevent corruption : a register of lobbyists , protection of whistleblowers , the crime of obstruction , etc . The missions it entrusts to the anti-corruption agency also recognize the place to be given to soft law instruments such as the ethics officer , an ethics charter and committee , and mandatory declarations of interest .
2.1 The Contribution of Deontological Codes and Conflict of Interest Prevention Mechanisms in Relation to the Prohibitions and Sanctions Imposed by Positive Law
Codes of ethics and the prevention of conflicts of interest are characterized , compared to repressive police and judicial instruments , by a strong declarative dimension : the codes are declarations of intent and the prevention of conflicts of interest is based on the spontaneous declarations of public leaders who must voluntarily deport themselves when they are led to make a decision that has an impact on their personal interests .
As recalled in Table 3 below , this declarative dimension does not allow them to correct all sources of corruption . However , by creating a culture of ethics and an environment of compliance , they can correct other factors that foster corruption .
There are other advantages of these devices , such as constituting ethics in action , practical ethics . Unlike general ethics or laws , practical ethics deal with concrete situations , and give indications on daily professional practice . The gen-
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