European Commission presents study “Strengthening the fight against corruption: assessing the EU legislative and policy framework”

On 3 January 2023, the European Commission published the study “Strengthening the fight against corruption: assessing the EU legislative and policy framework”. The results of the study – a key deliverable of the EU’s Organised Crime Strategy 2021-2025 – will feed into the Commission’s legislative proposal on combating corruption by criminal law, as announced in the State of the Union Address 2022.

The European Commission contracted this study, carried out by EY and RAND, to analyse the gaps in the EU legislative framework in the area of corruption prevention and repression, to provide recommendations for possible EU measures to address these gaps and to assess and compare their impacts.

The preferred policy option, according to the study, is stronger legislative alignment between EU Member States in the fight against corruption, flanked by supporting soft measures. Specifically, the study calls for the establishment of common minimum rules concerning the definition of corruption offences and related penalties, alongside common rules towards enhanced investigation and prosecution of corruption crimes across the Member States such as harmonising approaches to immunity and statutes of limitation. Furthermore, it foresees measures aimed at ensuring adequate prevention of corruption, including comprehensive collection of corruption data, as well as the establishment of dedicated anti-corruption authorities both at the EU and national level.

According to the authors, given the complexity and extent of corruption crimes, alongside their more and more prominent cross-border nature, an EU intervention could create added value by contributing to ensuring a level playing field between Member States, hence contributing towards greater harmonisation of national approaches in fighting against corruption.

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