On May 3, 2023, the Commission took strong measures to combat corruption in the EU and worldwide, thereby fulfilling the commitment made by President Von der Leyen in her 2022 State of the Union address.
The corresponding proposals presented represent a milestone in the fight against corruption on a national and EU level. The Commission will escalate its actions as follows: Building upon existing measures, it will intensify efforts to integrate corruption prevention into the formulation of EU policies and programs, and actively support the work of Member States in developing strong anti-corruption policies and legislation. Through its annual Rule of Law reports, the Commission will also monitor the evolution of anti-corruption efforts at the national level and identify difficulties and issues that could be subject to recommendations for Member States.
The set of measures encompasses new and reinforced standards that define corruption offenses and harmonize sanctions across the EU, along with a proposal from the High Representative, supported by the Commission, to establish a specific regime of sanctions under the Common Foreign and Security Policy (CFSP) to combat serious acts of corruption worldwide. These new measures place special emphasis on prevention and the creation of a culture of integrity where corruption is not tolerated, while also strengthening enforcement instruments.
Key elements of the presented proposals:
I. Communication on the Fight Against Corruption
In a joint Communication, the Commission and the High Representative bring together existing work and develop new guidance and tools, both at the EU and Member State levels, thereby contributing to a clear commitment to combat corruption on a global scale. A EU network against corruption, bringing together law enforcement bodies, public authorities, professionals, civil society, and other stakeholders, will act as a catalyst for corruption prevention across the EU and develop functional guidance and best practices. A key task of the network will be to assist the Commission in identifying common areas where corruption risks are high across the EU. The network's work will be incorporated into an EU anti-corruption strategy, formulated in consultation with the European Parliament and the Council, in order to maximize the impact and coherence of EU measures.
In EU institutions, there is zero tolerance for corruption. The Communication outlines the existing ethical, integrity, and transparency standards to prevent corruption within these institutions. These regulations should not only be rigorously and consistently applied but also subject to ongoing updates.
II. Stricter Standards to Combat Corruption
The Commission proposes a new Directive on combating corruption. The proposal modernizes the existing EU legal framework for combating corruption through the following:
a) Corruption Prevention and Cultivating a Culture of Integrity
- Raising awareness about corruption through information campaigns and awareness-raising initiatives, as well as developing research and education programs to reduce corruption risks and offenses.
- Ensuring public sector accountability at the highest levels by imposing on Member States the obligation to adopt effective standards on open access to public interest information, disclosure and management of conflicts of interest in the public sector, disclosure and verification of assets of public officials, and regulation of interaction between the public and private sectors.
- Establishing specialized bodies for fighting corruption and ensuring adequate resources and training for authorities responsible for corruption prevention and enforcement.
b) Comprehensive Legal Framework for All Corruption Offenses and Sanctions
- Harmonizing definitions of offenses classified as corruption to encompass not only bribery, but also embezzlement or misappropriation, trafficking of influence, abuse of functions, obstruction of justice, and illicit enrichment related to corruption offenses. The proposal makes it mandatory to classify all offenses under the United Nations Convention against Corruption in EU Law and addresses corruption in both the public and private sectors jointly.
- Increasing criminal sanctions for individuals and legal entities, while harmonizing aggravating and mitigating circumstances.
c) Ensuring Effective Investigation and Prosecution of Corruption
- Investigative tools: Member States will have to ensure that law enforcement and prosecutors have appropriate investigative tools to combat corruption.
- Immunity or investigation and prosecution privileges: Member States will need to ensure that privileges and immunity can be lifted during corruption investigations through an effective and transparent process established by law and at the appropriate time.
- Minimum standards for the statute of limitations will also need to be introduced to allow sufficient time for prosecuting corruption offenses.
III. Expansion of CFSP Sanctions to Cover Serious Acts of Corruption
EU sanctions contribute to key CFSP objectives such as maintaining peace, enhancing international security, and supporting democracy, international law, and human rights. Through the presented proposal from the High Representative, endorsed by the Commission, the EU will be able to combat serious corruption worldwide, regardless of its location. This proposal will complement and enhance the EU's internal and external instruments in combating corruption and demonstrate its determination to use any instrument, including CFSP sanctions, to combat it.