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In May 2023, the European Commission proposed a directive to combat corruption, aiming to update the fragmented EU legislative framework and incorporate international standards. The proposal addresses corruption in both the public and private sectors and seeks to establish minimum rules for defining criminal offenses and sanctions, as well as measures to prevent corruption at the national and EU levels.
The European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) adopted its report in January 2024, and the Council confirmed its position in June. The new Parliament must now confirm its position before trilogue negotiations can take place. The proposal has faced scrutiny from national parliaments, some of which raised concerns about its compliance with the subsidiarity principle
The proposed directive aims to bring significant changes to the EU's approach to combating corruption. It defines criminal offenses and sanctions related to corruption, mandating that member states impose effective, proportionate, and dissuasive criminal penalties for activities like bribery, misappropriation, trading in influence, abuse of function, obstruction of justice, and enrichment from corruption offenses.
Key changes the proposal introduces include:
Higher minimum penalties for natural persons: The proposal sets minimum maximum penalties at 4, 5, or 6 years depending on the type of offence, which is higher than the 1 to 3 years mandated by the Framework Decision 2003/568/JHA on combating corruption in the private sector2. Additional penalties may include fines, removal from public office, deprivation of the right to stand for elections, and exclusions from public funding.
Liability for legal persons: Member States must ensure that legal persons can be held liable for criminal offenses defined in the directive, with sanctions that may include fines, temporary or permanent exclusion from public procurement, and judicial winding-up of the legal person.
Minimum limitation periods: The proposal mandates minimum limitation periods of 8 to 15 years, depending on the type of offence, to eliminate means of avoiding prosecution.
Preventative measures: In line with the UNCAC, the proposal requires member states to raise public awareness, ensure transparency and accountability in public administration, provide rules for the disclosure and verification of public officials' assets, and promote the participation of civil society in anti-corruption activities4. Member states are also required to establish specialized bodies for the prevention and repression of corruption that must be independent and adequately resourced.
Protection for whistleblowers: Member States must ensure that the EU Whistle-blowers Directive is applicable to reporting corruption offenses.
The new Parliament must now confirm its position before trilogue negotiations can take place.
The proposal has faced scrutiny from national parliaments, some of which questioned its compliance with the subsidiarity principle, arguing that it assimilates "radically dissimilar criminal phenomena" and that the EU lacks the competence to establish certain penalties. Stakeholders like Transparency International support the proposal but suggest additions to end impunity, hold legal persons accountable, adopt preventative measures and cooperate internationally. The European Criminal Bar Association (ECBA) stresses the need to uphold procedural safeguards, due process and fair trials when tackling corruption.
Download the briefing prepared by the European Parliament below:
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