Glossary entry on tailor-made laws
A law that seems to have a general purpose, but applies to a particular matter – like a business opportunity or weakening a public institution – and prevents courts from stopping and punishing specific instances of corruption. Tailor-made laws help serve private interests of individuals, groups and companies. This often happens at the cost of others, including the public. These laws can have three purposes:
- Controlling a sector or industry and gaining or protecting certain privileges: this type of tailor-made law focuses on what can be gained by influencing public decision-making and making these unfair benefits legal.
- Removing or appointing un/wanted officials or people in power: this type aims to replace independent officials in public office and justice systems with others who enable and permit corruption. For example, laws or amendments might be made to control personnel procedures or to create new positions and get rid of old ones.
- Reducing the capacity of public institutions for checks and balances: this type aims to remove the institutional obstacles to unfair privileges. For example, laws or amendments can be made to prevent accountability, reduce the monitoring capacity of agencies or cut their budgets. This type of law may also weaken the rights of the media or civil society organisations.
Glossary entries on each country’s hierarchy of laws
Laws and legal instruments have different names in each country. Here we list the legal instruments that potentially have a normative effect on any citizen, company or other organisation in each country. We do not consider an instrument which only concerns a single public body or one individual to a be law.
- Constitution
- Ratified international agreements
- Laws
- Normative acts of the Council of Ministers
- Constitution
- Ratified international agreements (the European Convention on Human Rights is an integral part of the Bosnia and Herzegovina Constitution)
- Laws
- Rules of procedure
- Decisions
- Instructions
- Rulebooks
- Court decisions
- Other general legal acts
- Constitution
- Ratified international agreements and legally binding norms of international law
- Norms of international organisations
- Laws
- Decisions
- Administrative orders
- Administrative instructions
- Constitution
- Ratified international agreements
- Laws
- Bylaws and normative acts developed by state institutions
- Constitution
- Amendments to the constitution
- Laws
- Amendments to laws
- Regulations
- Regulations with legal force
- Rulebooks
- Constitution
- Ratified international agreements
- Laws, adopted by the parliament
- Government decrees
- Rulebooks (mostly issued by ministers, but also by some independent regulatory bodies)
- Vojvodina province assembly decisions
- Vojvodina province government decisions
- Local self-government decisions (assembly)
- Constitution
- Ratified international human rights agreements
- Laws
- State of emergency presidential decree
- Other ratified international agreements
- Other presidential decrees
Glossary entry on state capture
A situation where powerful individuals, institutions, companies or groups within or outside a country use corruption to shape a nation’s policies, legal environment and economy to benefit their own private interests.