EU proposal for a directive on combating corruption

Goals and results

The aim of the proposal is to ensure that all forms of intentional corruption are criminalised in all Member States that legal persons can also be held liable for these offences and that effective, proportionate and dissuasive sanctions are imposed for them. The proposal also includes appropriate measures to prevent corruption in accordance with international standards and to facilitate cross-border cooperation as required by the UN Convention against corruption. The proposal is minimum regulation and Member States may provide for more extensive and/or severe criminalisation.

The proposal aims to strengthen and complement the existing EU acquis. The Directive to be negotiated is intended to replace the Council Framework Decision on combating corruption in the private sector (2003/568/JHA) and the Convention against corruption involving officials of the European Communities or officials of the Member States of the European Union.

Summary

On 3.5.2023, the European Commission submitted a proposal (COM (2023) 234 final) for a Directive of the European Parliament and of the Council on combating corruption. The proposal would lay down rules to update and harmonise the definitions and punishments of corruption.

Starting points

Council Framework Decision 2003/568/JHA lays down requirements for criminalising bribery in the private sector. The 1997 Convention on the fight against corruption against EU officials or civil servants of the Member States deals with certain cases of corruption in which such civil servants are normally involved. However, these instruments are not comprehensive enough and the existing rules of the Member States need to be further developed in order to ensure a more coherent and effective functioning of the Union. National implementation differences and obstacles to cooperation between competent authorities in different Member States have also emerged. Member State authorities face challenges related to excessive length of charges, short limitation rules, immunity and privileges rules, limited access to resources, training and investigative powers.

Additional information

• Komission tiedoksianto (EN)
• Linkki direktiiviehdotukseen (EN)