Combating corruption

DEAR Sir or Madam, The German Bar Association (DAV) recognises the need to effectively counter corruption, but still recalls the ultima ratio character of criminal law. With regard to the notion of ‘public official’ or ‘national official’, there assigned to be a lack of consistency with Directive (EU) 2017/1371 on the fight against fraud to the Union’s financial interests by means of criminal law and a lack of a…

Filed in German · English published by the European Commission

We would like the following elements to be added to the fight against corruption: Serious crime is conduct that harms the interests of the people and of Europe. Europe cannot afford to endure the harmful consequences of corruption and lobby.

Filed in French · English published by the European Commission

Dear Ladies and Gentlemen, the The Austrian Federal Economic Chamber comments on the Proposal for a Directive on combating corruption [COM(2023) 234] as enclosed. We kindly ask to take our comments into account. Yours sincerely Dr. [name removed] Head of Department

Regarding the GRECO report on fight against corruption and the subsequent actions of the CRIM resolution, we recall the following regarding the transparency of public activities as well as the activities carried out by interest groups (many of the statements below can also be found in the Principia Association's statements made during the public consultations of Commission_ but who would be interested in what an NGO…

We would like to say that we welcome this initiative (which comes extremely late) of the Commission, but that every time we see in advance the dust that will also be gathered from this document, which would (in theory) produce a relevant effect against corruption.

In my submission on the call for the communication on EU the anti-corruption policy I already stressed the vital importance of the fight against corruption. Various national and international organizations have already published excellent guidelines to prevent, detect and address bribery and corruption. In the call for evidence, the UNCAC Treaty is mentioned, for example.

The Centre welcomes the initiative of the EU to update its rules on fight against corruption in the EU, while also considering closely the link between corruption and the rule of law, namely the contribution of corruption to the erosion of the rule of law.

Transparency International Czech Republic endorses Transparency International EU´s feedback: 1.Remark concerning the legal basis: The chosen legal basis for EU action in the field of the fight against corruption is Article 83 of the TFEU, which concerns criminal matters.

1) Concerning the legal basis, the chosen for EU action in the field of the fight against corruption is Article 83 of the TFEU, which concerns criminal matters and includes other matters that are directly linked to corruption offenses such as money laundering, counterfeiting of means of payment or organized crime.

Open Spending EU Coalition, a European Network of NGOs, journalists and scholars focusing on transparency in public spending, input on the call for evidence - Fighting against corruption in the EU updated rules. Financial transparency is essential to the fight against corruption, as it plays a crucial role in preventing corrupt practices.

The Research Center on Legality and Participation - LEPA of the University of Perugia (www.lepa.unipg.it) is a Center which, although recently established (it was established in 2019, and, since 2022 has been operating as autonomous research center of the University), has developed significant experience in the field of the study of anti-corruption, integrity and transparency policies.

While corruption should indeed be treated as a serious crime, accompanied by appropriate sanctions, we would like to highlight that Article 83 TFEU as a legal basis can also be very limiting. Hence, we propose Article 114 TFEU on the establishment of the internal market as the appropriate legal basis.

Democracy, public ethics, transparency (Dem.e.tra.), founded in 2021, brings together more than a hundred scholars from different disciplines (law, public, criminal, labour, international; philosophy, morals and politics, public economics, political science, statistics, sociology) which have dealt with anti-corruption policies in Italy under various headings, in particular in the following years following the entry…

Filed in Italian · English published by the European Commission

Transparency International Finland (TI Finland) strongly welcomes the Commission's initiative to introduce more harmonised measures in fighting against corruption. While the Nordic countries have traditionally ranked well in corruption measurements and indexes, countries like Finland have severe vulnerabilities in the field of corruption that remain to be addressed.

Anticorruption authorities in Europe are paying close attention to and support the initiative of the European Commission to harmonise minimum rules on definitions and sanctions on corruption offences. Being at the forefront of corruption crimes, we are well aware that corruption remains a serious threat to the rule of law and public finances in Europe, as well as to society and business trust in public governance…

We endorse TI EUs feedback: 1) Remark concerning the legal basis The chosen legal basis for EU action in the field of the fight against corruption is Art. 83 of the TFEU, which concerns criminal matters. While corruption should indeed be treated as a serious crime, accompanied by appropriate sanctions, we would like to highlight that only Art. 83 TFEU as a legal basis can be very limiting.

1. There is a need for a thorough analysis of whether and in what way it is necessary to duplicate the work of the UNCAC and to consider whether it is possible to use other legal instruments instead of criminalisation. It is important to reflect on what new input the proposed legal framework will provide to Member States.

Filed in Estonian · English published by the European Commission

1) Remark concerning the legal basis The chosen legal basis for EU action in the field of the fight against corruption is Article 83 of the TFEU, which concerns criminal matters. While corruption should indeed be treated as a serious crime, accompanied by appropriate sanctions, we would like to highlight that only Article 83 TFEU as a legal basis can be very limiting.

The Romanian Directorate-General for Anti-Corruption of the Ministry of Internal Affairs welcomes the Commission’s initiative to strengthen the anti-corruption legislative framework, in line with international standards, by working closely with the United Nations Office on Drugs and Crime (UNODC), the OECD, the Council of Europe (GRECO) and the OSCE.

Filed in Romanian · English published by the European Commission

Dear Sir/Madame, Based on ACER and my long-term engagement in anti-corruption activities/projects in Albania, I would recommend EU Commission to fully support the signature of Declaration in Support of the Creation of an International Anti-Corruption Court (http://integrityinitiatives.org/declaration).

Corruption in public life has for long been a subject of much debate and ways and means of its eradication have been outlined by EU countries. Corruption in public life in the EU is a means of obtaining personal benefit through illicit means and the abuse of public office and property. It poses significant threat to EUs rule of law, economic development, democracy, social cohesion, and its national security.

With regard to the present invitation to submit comments on an initiative (anti-corruption rules updated in the EU), it should be noted at the outset that it is unclear why two requests for comments have been issued at the same time on the same subject [i.e. also on Ares(2023)452845]. It is undisputed that corruption harms society and the economy.

Filed in German · English published by the European Commission

Regulation is considered the first and most powerful tool for combating and preventing corruption: establishing conflicts of interest rules, adopting more severe sanctions for infringements, introducing intrusive controls, and requiring compliance programs and anticorruption systems are considered the proper way to react when corruption scandals occur. There is a reverse side of the coin.

A corrupt environment can be created not only by a concrete drain of public funds, but also by creating an environment that allows for this risk. In many cases, this is also the difference between existing EU rules and the national legislative environment, opening the door to the need for additional resources, which are, however, already being drawn down in a purposeful and inefficient way.

Filed in Slovak · English published by the European Commission