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DRAFT 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

LIBE-PR-753573

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

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The draft report amends the Commission's proposed directive on combating corruption, setting minimum rules for criminalising bribery, illicit enrichment, concealment, and misconduct in public office, and aligning the PIF Directive with these standards.

Committee position. The rapporteur proposes to amend the Commission's proposal to strengthen definitions, add new offences, raise minimum penalties, enhance prevention and transparency, and align the PIF Directive.

Key points

  1. Member States must ensure merit-based recruitment and promotion in public administration and adopt preventive tools including anti-corruption strategies, open access to information, conflict-of-interest rules, asset disclosure, lobbying regulation, and transparency registers.
  2. Member States must annually assess corruption risks in sectors, including health, public procurement, and construction, and publish results; they must also ensure transparency in public finances and procurement.
  3. Member States must actively engage civil society in anti-corruption activities and establish an enabling environment for it.
  4. Anti-corruption authorities must be functionally independent, have adequate resources, and publish annual reports and databases on corruption cases.
  5. Bribery offences are defined to include giving or accepting undue advantages, and the definition of public official is extended to cover more categories.
  6. New offences are introduced: concealment of property from corruption, misconduct in public office, and obstruction of justice including evidence tampering.
  7. Illicit enrichment is criminalised when property is significantly disproportionate to lawful income and derived from criminal involvement.
  8. Minimum maximum prison terms are raised: at least seven years for bribery of officials, six for private-sector bribery, five for illicit enrichment and concealment, and three for misconduct in public office.
  9. Convicted persons may face removal from office, disqualification from holding office or standing for elections (at least two mandates or ten years for high-level officials), and exclusion from public funding.
  10. Immunities for officials must be limited to official acts during term, lifted through a transparent process, and eliminated for grand corruption; officials may be suspended or reassigned.
  11. Victims of corruption have rights to review of prosecution decisions, compensation, and representation; anti-corruption organisations may also seek review.
  12. The PIF Directive is amended to align definitions and sanctions, including new offences of trading in influence, abuse of functions, and illicit enrichment affecting the Union's financial interests.

Who is affected

  • Public officials at national, regional, and local levels, including high-level officials, face stricter rules on asset disclosure, immunities, and sanctions.
  • Private-sector entities and their employees are subject to bribery offences and preventive measures such as codes of conduct.
  • Civil society organisations gain rights to participate in anti-corruption activities and challenge prosecution decisions.
  • Victims of corruption are entitled to specific rights and compensation.
  • Member States' authorities must use SIENA for information exchange and cooperate with EU bodies.

Figures and deadlines

  • Fines for legal persons shall not be less than 5 percent of total worldwide turnover.
  • Disqualification from standing for elections shall be at least two consecutive mandates or ten years for high-level officials.
  • Limitation periods: eight years for offences in Articles 13 to 14, five years for certain others.
  • Maximum penalties: at least seven years for bribery of officials, six for private-sector bribery, five for illicit enrichment and concealment, three for misconduct in public office.

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