The European Union strengthens criminal rules against corruption in all member states

The new European directive on combating corruption has come into force and establishes a more coherent criminal framework for all member states. The rules harmonize offenses such as bribery, embezzlement, influence peddling, illegal exercise of public functions, obstruction of justice, and corruption-related enrichment, and member states will be obliged to transpose them into national legislation.

The new European directive on combating corruption has come into force, opening the period during which member states must adapt their criminal legislation to a common framework for preventing, investigating, and sanctioning acts of corruption.

The directive establishes harmonized definitions for several corruption offenses, introduces minimum levels for penalties applicable to individuals and companies, and requires member states to ensure sufficient investigative tools for prosecutors and law enforcement authorities.

In short The new directive harmonizes the definitions of several corruption offenses in the member states of the European Union. The rules cover bribery, embezzlement, influence peddling, illegal exercise of public functions, obstruction of justice, and corruption-related enrichment. The directive establishes minimum requirements regarding penalties for individuals and companies. Member states must ensure limitation periods that allow for effective investigation and prosecution of acts of corruption. The European Commission is also preparing an EU anti-corruption strategy, for which public consultation is open until July 6. The new rules aim to reduce the differences between national criminal legislations in an area where lack of coherence can affect cross-border investigations, protect public funds, and the ability of authorities to pursue acts committed in multiple jurisdictions.

The directive covers both the public and private sectors. It includes offenses such as active and passive bribery, embezzlement, influence peddling, abuse or illegal exercise of public functions, obstruction of justice, concealment of acts of corruption, and enrichment related to such offenses.

For individuals, member states must provide effective, proportionate, and dissuasive criminal penalties. For companies, the directive introduces common requirements regarding liability and penalties, so that legal entities can be sanctioned when acts of corruption are committed for their benefit.

The Council of the European Union specified, upon the adoption of the act, that convicted individuals may face maximum penalties of between three and five years in prison, depending on the offense. Companies can be fined between 3% and 5% of their total worldwide turnover or between 24 million and 40 million euros, depending on the type of offense.

The directive also introduces rules regarding limitation periods, to give authorities sufficient time to investigate and bring acts of corruption to trial. This part of the file is important for complex investigations, where financial trails, intermediaries, conflicts of interest, and cooperation between states can prolong the duration of investigations.

Member states must provide authorities with adequate investigative tools. The directive also calls for strengthening prevention, including through national anti-corruption strategies, specialized bodies, and public awareness measures.

Henna Virkkunen, Executive Vice-President for technological sovereignty, security, and democracy, stated that "corruption undermines our democracies and the security of our societies." She asserted that the new rules are part of the Commission's commitment to the rule of law and that, together with the future EU anti-corruption strategy, "send a clear message: this Commission will take decisive action against those who betray public trust."

Michael McGrath, Commissioner for democracy, justice, the rule of law, and consumer protection, stated that "corruption is not a victimless crime." He asserted that it drains public resources, distorts fair competition, and erodes citizens' trust in democratic institutions.

"Through these new rules, we strengthen our ability to prevent corruption, to more effectively pursue those responsible, and to ensure a more coherent approach across the EU," McGrath said. According to him, the goal is to protect the integrity of democracies and ensure that public power is exercised in the public interest.

The entry into force of the directive does not mean that all rules automatically become applicable in national criminal law. Member states generally have 24 months for transposition. For provisions regarding risk assessments and national anti-corruption strategies, the deadline is 36 months.

The new directive replaces two older EU instruments: the 2003 framework on corruption in the private sector and the 1997 convention on corruption involving officials of the European Communities or member states. The update was necessary to better cover modern forms of corruption and to reduce the fragmentation of rule enforcement.

For companies, the change can have direct effects on compliance programs, internal controls, due diligence procedures, and risk management in procurement, public contracts, relationships with intermediaries, and cross-border operations. For authorities, the directive provides a common basis for criminal cooperation and for pursuing acts that exceed the borders of a single member state.

The directive is part of a broader anti-corruption agenda. The Commission is preparing an EU anti-corruption strategy, for which public consultation and a call for contributions are open until July 6. The strategy would complement the criminal framework with a broader approach to prevention, integrity, transparency, and institutional cooperation.

Corruption is treated by the Commission as a rule of law, security, competitiveness, and public money protection issue. In the 2023 legislative proposal, the Commission would show that the phenomenon affects democratic institutions, reduces the efficiency of public spending, creates uncertainty for the business environment, and can facilitate organized crime or hostile interference. In the political guidelines for the 2024-2029 period, the fight against corruption appears in connection with the rule of law, protecting the financial interests of the EU, and the ability of the European Public Prosecutor's Office to handle serious cross-border cases affecting Union funds.

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