Brussels (Brussels Morning) – The EU Council agreed on a regulation setting minimum standards to combat corruption in both public and private sectors. It introduced unified laws, stricter sanctions, and enhanced investigation and prosecution measures.
To step up measures in the fight against corruption, the EU Council agreed its position on an EU regulation that sets minimum standards for the purpose and sanctioning of corruption offences, preventive measures and practices for more effective investigation and prosecution. The law’s major novelty is that, for the first time at the EU level, it brings jointly in one legal act rules on corruption in the public and private sectors.
According to the EU Council, the new law will substitute two separate EU laws – one law from 2003 dealing with corruption in the private sector and an EU Convention from 1997 on corruption concerning EU officials or officials of EU member states. It will also revise the 2017 directive on fraud and other criminal offences that concern the EU’s financial interests. When adopted, the new directive will align efforts to combat corruption in the private and public sectors. This will make combating corruption more effective.
What Crimes Are Covered Under the New EU Law?
All EU countries will be obliged to outlaw the same acts of corruption and define these actions in the same manner. The following violations will now, throughout the EU, be punishable as criminal violations: bribery in the public and private sectors, misappropriation, trading in influence, obstacle of justice and enrichment from corruption offences.
What Are the Penalties for Corruption Under New EU Rules?
The EU Council also arranged that member states must put in place adequate, proportionate and dissuasive criminal sentences to sanction these crimes. The criminal offences that will become unlawful under EU law will be punishable by a maximum period of imprisonment of at least two to four years, depending on the crime. People sentenced to corruption offences may incur additional damages such as fines, expulsion from public office, disqualification from holding public office or exerting a public service function, the withdrawal of access and exclusion from access to tender procedures and public funds.
Moreover, companies will also face fines in the form of penalties ranging from at least 3% to 5% of their entire worldwide turnover or at least €24 or €40 million, depending on the offence.
What Jurisdiction Changes Are Included in the EU Law?
Member nations have jurisdiction over offences executed within their territory, where the offender is nationwide. In addition, member states may choose to extend their jurisdiction to acts perpetrated outside their territory, where the offender is a regular resident in its territory, the offence is executed against one of its nationals or its habitual residents, the crime is committed for the benefit of a legal person specified in its territory or the offence is dedicated for the benefit of a legal person in respect of any interaction done in whole or in part on its territory.
What Preventive Measures Against Corruption Are Required?
The EU Council also agreed that member states must make an effort to raise public awareness concerning the harmfulness of corruption and to assure transparency and accountability in public administrations in the stake of preventing corruption. The 27 must also make sure to place in place bodies that will be charged with the prevention and repression of crime. These bodies (or units) need to be capable of operating without undue interference and must be provided with an adequate number of qualified staff and financial resources.
