Legislation
EUROPEAN LEGISLATION
The European Union and the Council of Europe have developed and implemented a number of conventions that help regulate the anti-corruption struggle in the public and private sectors.
The European Union (EU) anti-corruption acquis includes the European Union Convention on fighting corruption involving officials, European Union Convention on the Protection of the European Communities’ Financial Interests and the Framework Decision on combating corruption in the private sector aims to criminalise both active and passive bribery.
European Union Convention on fighting corruption involving officials
The Convention:
- aims to ensure that each EU country takes the necessary measures to criminalise corruption involving public officials;
- is designed to fight corruption involving European officials or national officials of EU countries and to strengthen judicial cooperation between the EU countries in this fight.
The Convention entered into force on 28 September 2005 and all EU countries have acceded to it.
European Union Convention on the Protection of the European Communities’ Financial Interests
This convention harmonised the legal definition and criminal liability of fraud and replaced the old European treaties on fraud. It creates a unified definition of fraud, and signatory states have to ensure that criminal sanctions are in effect for it.
The convention entered into force on 17 October 2002 and all EU countries have acceded to it.The European Union (EU) combats corruption in the private sector. A harmonised definition of concepts should give more muscle to the fight against corruption, which destroys the basis of economic life and distorts competitiveness: the Union emphasises the need to prevent crime which favours a minority but is detrimental to society at large.
Criminal Law Convention on Corruption (ETS 173) (in English)
The convention entered into force in 2002. Parties to the convention are required to prosecute:
- all forms of active and passive corruption
- money-laundering of proceeds from corruption offences
- accounting offences connected with corruption offences
Furthermore, they are asked to exchange information concerning such offences with the other parties, provide mutual assistance and grant extradition requests.
Civil Law Convention on Corruption (ETS 174) (in English)
The convention entered into force in 2003. Parties to the convention are required to provide in their domestic law for effective remedies for persons, who have suffered damage as a result of acts of corruption: Victims must be able to defend their rights and interests, including the possibility of obtaining compensation for damage.
The Convention deals with the following issues:
- liability
- contributory negligence
- validity of contracts
- protection of employees who report corruption
- clarity and accuracy of accounts and audits
- acquisition of evidence
- court orders to preserve the assets necessary for the execution of the final judgment and for the maintenance of the status quo pending resolution of the points at issues
- international co-operation.
Additional Protocol to the Criminal Law Convention on Corruption (ETS 191) (in English)
The Convention to prevent and fight against corruption outlines measures to be taken at the national level, as well as the monitoring of implementation and final provisions.
Twenty Guiding Principles against Corruption (Resolution (97) 24) (in English)
Resolution adopted by the Committee of Ministers on 6 November 1997 at the 101st session of the Committee of Ministers.
The Council of Europe Committee of Ministers agrees on twenty guiding principles to fight corruption. The Resolution also aims to promote a dynamic process for effectively preventing and combating corruption.
Guiding principles include raising public awareness, improving investigation and prosecution procedures, promoting specialization of persons or bodies in charge of fighting corruption as well as increasing international cooperation.
Recommendation on Codes of Conduct for Public Officials (Recommendation № R(2000)10) (in English)
Recommendation adopted by the Committee of Ministers on 11 May 2000 at its 106th session.
The Council of Europe Committee of Ministers recommends that governments of member states promote, subject to national law and the principles of public administration, the adoption of national codes of conduct for public officials.
A model code of conduct is annexed to the declaration.