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REPORT (COM(2023)0234 – C90162/2023 – 2023/0135(COD))

On the proposal for a directive of the European Parliament and of the Council on combating corruption, replacing Council Framework Decision 2003/568/JHA and the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union and amending Directive (EU) 2017/1371 of the European Parliament and of the Council

A-9-2024-0048

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Ramona Strugariu

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Parliament's amended version of the proposed directive on combating corruption sets minimum rules for defining corruption offences and sanctions, and measures to prevent and fight corruption at national and Union level. It adds new offences such as illicit political financing, concealment, and misconduct in public office, and raises minimum penalties for existing offences. It strengthens prevention by requiring transparency tools, asset disclosure, regulation of lobbying and revolving doors, and bans citizenship-by-investment schemes. It enhances the role of specialised anti-corruption bodies, requires national strategies, and establishes an EU Anti-Corruption Coordinator and annual EU Anti-Corruption Report. It extends victims' rights and public participation in proceedings, and aligns Directive (EU) 2017/1371 on protecting the EU's financial interests with the new rules.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs proposes to amend the Commission proposal substantially, adding new offences, raising penalties, and strengthening prevention and victims' rights.

Key points

  1. Member States must criminalise active and passive bribery in the public and private sectors, trading in influence, embezzlement, and obstruction of justice, with definitions extended to cover acts in violation of laws or duties.
  2. New criminal offences are introduced: illicit political financing, concealment of property derived from corruption, and misconduct in public office causing substantial damage.
  3. Minimum maximum prison terms are raised: at least seven years for bribery of officials (five if for a lawful act), six for private-sector bribery and embezzlement, five for illicit enrichment and concealment, three for misconduct in public office.
  4. Member States must impose additional sanctions on convicted natural persons, including removal from public office, disqualification from holding office, and exclusion from public funding; pardons and amnesties for these offences are prohibited.
  5. Legal persons can be held liable for offences committed for their benefit by any person performing services, and fines must be at least 10% of worldwide turnover; non-trial resolution processes must be established.
  6. Member States must ensure privileges or immunities for national officials are limited to official acts during term, can be lifted through transparent processes, and do not shield property held through personal asset-holding vehicles.
  7. Limitation periods are set: at least eight years for offences like illicit political financing and concealment, with shorter periods allowed under conditions; rules on interruption and suspension are specified.
  8. Member States must provide effective investigative tools, including those from the European Investigation Order, and ensure direct access to SIENA for cross-border information exchange.
  9. Victims of corruption have rights to information, review of non-prosecution decisions, compensation, and participation in proceedings; the public concerned can seek judicial review of prosecutorial decisions.
  10. Member States must adopt national anti-corruption strategies, conduct annual risk assessments, and implement preventive tools such as asset disclosure, conflict-of-interest rules, and lobbying regulation.
  11. An EU Anti-Corruption Coordinator and a platform on prevention and repression are established; the Commission must publish a yearly EU Anti-Corruption Report with country-specific recommendations.
  12. Directive (EU) 2017/1371 is amended to align definitions and sanctions for offences affecting the Union's financial interests, including new offences and higher penalties.

Who is affected

  • Public officials, including high-level officials and Union officials, face new criminal offences and stricter sanctions.
  • Private-sector entities and their employees are subject to bribery offences and liability for corruption.
  • Political parties and candidates face new criminal offence of illicit political financing and transparency rules.
  • Victims of corruption gain rights to participation, compensation, and review of prosecutorial decisions.
  • Civil society organisations can participate in proceedings and are consulted in anti-corruption strategies.

Figures and deadlines

  • Maximum fines for legal persons not less than 10 percent of total worldwide turnover.
  • Deprivation of right to stand for elections at least two consecutive mandates or ten years for high level officials.
  • Limitation periods: eight years for offences in Articles 12a and 13 to 14; shorter periods not less than five years.
  • Member States must publish statistical data annually by 1 June and transmit to Commission and Coordinator.
  • Commission to adopt implementing act within one year from entry into force of Directive.
  • Commission to publish EU Anti-Corruption Report annually by 1 April.
  • Member States to provide written replies to Anti-Corruption Report within three months from publication.

Legal basis: Articles 82(1)(d) and 83(1) and (2) of the Treaty on the Functioning of the European Union