Josep Borrell Fontelles – Photo © European Union 2023
(BRUSSELS) – The Commission set out Wednesday a raft of new rules criminalising corruption offences and harmonising penalties across the EU, as well as a sanctions regime to target serious acts of corruption worldwide.
“Corruption is a global, transnational phenomenon that is estimated to cost the world at least 5% of its GDP,” said the EU’s foreign policy chief Josep Borrell: “Corruption undermines democracy, the rule of law, human rights, peace and international security and sustainable development, at the same time that hinders the achievement of SDGs, in Europe and worldwide.” He added that a new sanctions regime would also target “serious acts of corruption worldwide, to complement our external anti-corruption toolbox”, sending a clear message that “the EU is not open for business to those who engage in corruption, wherever that occurs.”
Key elements of the proposals:
I. Communication on the fight against corruption
In a Joint Communication, an EU network against corruption, bringing together law enforcement, public authorities, practitioners, civil society and other stakeholders, will act as a catalyst for corruption prevention across the EU and will develop best practices and practical guidance. A key task of the Network will be to support the Commission to map common areas where corruption risks are high across the EU. The work of the Network will feed into an EU anti-corruption strategy, to be developed in consultation with the European Parliament and the Council, to maximise the impact and coherence of EU actions.
Within the EU institutions there is a zero tolerance towards corruption. The Communication details the ethical, integrity and transparency rules in place to prevent corruption within the EU institutions. This framework must not only be applied with rigour and consistency, but also be continually updated.
II. Stronger rules to fight corruption
The Commission is proposing a new Directive on combating corruption. The proposal modernises the existing EU anti-corruption legal framework by:
a) Preventing corruption and building a culture of integrity
- Raising awareness of corruption, by carrying out information and awareness-raising campaigns, research, and education programmes to reduce corruption risks and offences.
- Ensuring that the public sector is held accountable to the highest standards by imposing an obligation on Member States to adopt effective rules on open access to information of public interest, the disclosure and management of conflicts of interests in the public sector, the disclosure and verification of assets of public officials and regulating the interaction between the private and the public sector.
- Setting up specialised anti-corruption bodies and ensuring adequate resources and training for authorities responsible for preventing and fight corruption.
b) One legal act for all corruption offences and sanctions
- Harmonising definitions of criminal offences prosecuted as corruption to cover not only bribery but also misappropriation, trading in influence, abuse of functions, as well as obstruction of justice and illicit enrichment related to corruption offences. The proposal makes all offences under the United Nations Convention against Corruption mandatory under EU law and brings together public and private sector corruption.
- Increases the level of criminal sanctions for natural and legal persons, and harmonises aggravating and mitigating circumstances.
c) Ensuring effective investigations and prosecution of corruption
- Investigative tools: Member States will have to ensure that law enforcement and prosecutors have appropriate investigative tools to fight corruption.
- Immunity or privileges from investigation and prosecution: Member States will have to ensure that privileges and immunity can be lifted during corruption investigations through an effective and transparent process pre-established by law, and in a timely matter.
- Introducing minimum rules on the statute of limitation to ensure sufficient time to bring corruption offences to justice.
III. Expanding the CFSP sanctions toolbox to cover serious acts of corruption
EU sanctions help to achieve key CSFP objectives such as preserving peace, strengthening international security, and consolidating and supporting democracy, international law and human rights. With today’s proposal from the High Representative, supported by the Commission, the EU will be able to target serious acts of corruption worldwide, no matter where they occur. It will complement and enhance EU’s internal and external instruments against corruption and show the EU’s determination to use any tools, including CFSP sanctions, to fight it.
Stronger rules to fight corruption in the EU and worldwide - guide
Factsheet: Strengthening EU action to fight corruption
Joint Communication to the European Parliament, the Council and the European Economic and Social Committee on the fight against corruption
