Raluca Pruna - EU Anti-Corruption Policy 270109

The EU Comprehensive Anti-Corruption Policy
The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009
An EU policy against corruption
Living
in an
area of
freedo
m,
Combating and preventing corruption is an integral part

of the European Unions internal and external policies:
Internal: priority in respect of the existing Member
States and also representing a key aspect of the
acquis for the accession countries;
External: priority in respect of the European Unions
approach to international relations.
European Commission
Directorate-General Justice, Freedom and Security

Living
in an
area of
freedo
m,
Relevant requirements for EU membership

Copenhagen criteria
What is under scrutiny from an acquis point of

view?
Chapter 23 Judiciary and Fundamental
Rights/
Anti-corruption policy
Chapter 24 Justice, Freedom and Security
http://ec.europa.eu/justice_home/doc_centre/intro/doc
s/jha_acquis_1008_en.pdf
European Commission

EC Main Policy statements
Living
in an
area of
freedo
m,
Communication on a comprehensive EU Policy

against Corruption COM (2003) 317-final
Communication: The Hague Programme: Ten
priorities for the next five years COM(2005) 184 final
Annex 1 The Hague Programme" - European
Council of 4-5 November 2004
Action Plan implementing the Hague Programme
Commission Staff Working Document on the links
between organised crime and corruption SEC
(2008) 196
European Commission

Communication from the Commission to the Council, the

European Parliament and the European Economic and
Social Committee - On a comprehensive EU policy against
corruption (COM(2003) 317 final) - Approved by the JHA
Council on 14 April 2005
Living
in an
area of
freedo
m,
Main aspects at external level

inclusion of ten general principles into the national anticorruption strategies of EU, acceding and candidate countries
as well as other EU partners
insertion of anti-corruption clauses into cooperation
agreements and external aid programmes
European Commission

COM(2003) 317 final

A single anti-corruption unit or body; training and
specialisation in this area
Living
in an
area of
freedo
m,
Implementation of the comprehensive anti-corruption

strategies
Each candidate country or co-operation partner should
ideally subscribe to these principles, and integrate them
into their national political, legal and administrative systems.
European Commission

COM(2003) 317 final

Annex
Ten principles for improving the fight against corruption
in acceding, candidate and other third countries
Comprehensive framework addressing issues within both the
public and the private sectors
Living
in an
area of
freedo
m,
Encompassed as such in negotiation Chapter 23 (anticorruption measures)
European Commission

COM(2003) 317 final

Annex
Living
in an
area of
freedo
m,
1. National anti-corruption strategies or programmes, covering

both preventive and repressive measures, should be drawn up
and implemented. These strategies should be subject to broad
consultation at all levels.
Pre-requisites: Cross party consensus, de-politicizing the anticorruption policy, research on corruption and a minimum (transfer) of
know how on strategic planning, consultation of civil society.
European Commission

COM(2003) 317 final

Annex
Living
in an
area of
freedo
m,
2. Current and future EU Members shall fully align with the EU

acquis and ratify and implement all main international anticorruption instruments they are party to (UN, Council of
Europe and OECD Conventions)
Pre-requisites: genuine political will
European Commission
COM(2003) 317 final

Annex
3. Implementation of anti-corruption laws by competent and
visible anti-corruption bodies
Living
in an
area of
freedo
m,
Pre-requisites: First option to focus on making existing

institutions and mechanisms work rather than creating new
ones.
European Commission

COM(2003) 317 final

Annex
Living
in an
area of
freedo
m,
4. Access to public office must be open to every citizen.

Recruitment and promotion should be regulated by objective
and merit-based criteria. Salaries and social rights must be
adequate. Civil servants should be required to disclose their
assets. Sensitive posts should be subject to rotation.
Pre-requisites: clear related legislation; transparency in the
public sector.
European Commission

COM(2003) 317 final

Annex
Living
in an
area of
freedo
m,
5. Integrity, accountability and transparency in public

administration should be raised through employing quality
management tools and auditing and monitoring standards [...]
Increased transparency is important in view of developing
confidence between the citizens and public administration.
Pre-requisite: consensus rather than top-down imposition,
public consultations.
European Commission

COM(2003) 317 final

Annex
6. Codes of conduct in the public sector should be established
and monitored.
Living
in an
area of
freedo
m,
Pre-requisite: consensus rather than top-down imposition.

Role of the civil society (including the press).
European Commission
COM(2003) 317 final

Annex
7. Clear rules should be established in both the public and
private sector on whistle blowing and reporting.
Living
in an
area of
freedo
m,
Pre-requisites: public consultation, monitoring mechanism of

effective protection of whistleblowers.
European Commission

COM(2003) 317 final

Annex
Living
in an
area of
freedo
m,
8. Public intolerance of corruption should be increased,

through awareness-raising campaigns in the media and
training []
Civil society has an important role to play in preventing and
fighting the problem.
Pre-requisites: grass roots approach, role of pilot projects,
social trust.
European Commission

COM(2003) 317 final

Annex
Living
in an
area of
freedo
m,
9. Clear and transparent rules on party financing, and external

financial control of political parties, should be introduced to
avoid covert links between politicians and (illicit) business
interests.
European Commission

COM(2003) 317 final

Annex
Living
in an
area of
freedo
m,
10. Incentives should be developed for the private sector to

refrain from corrupt practices such as codes of conduct or
white lists for integer companies
European Commission

Council Decision 2008/852/JHA on a contact-point

network against corruption
Living
in an
area of
freedo
m,
Network of contact points of MS + Commission + Europol

+ Eurojust
MS Authorities / agencies competent in preventing or

combating corruption (min 1 max 3 for each MS)
Tasks:
Forum for exchange of information
Facilitates contacts between its members
Connexion with EPAC (European Partners against

Corruption).
European Commission

Conclusions
Once the anticorruption campaigns reach their aim of raising
awareness on corruption as a problem, sustainability of the
message and the implementation phase has to be ensured
Living
in an
area of
freedo
m,
Associated risk: Saturation point of the public,

expectations and immediate spectacular results not met
European Commission
high

Conclusions
The success of an anti-corruption policy is not necessarily
linked to the magnitude of the financial resources put in
place by the EC and/or other international donors
Living
in an
area of
freedo
m,
Associated risks: overlap of financial resources, that do not

match the energy and time available in a given country
Potential solution: donors coordination mechanisms, pilot
testing of solutions at local level
European Commission

Conclusions
There are no tailor made solutions, but only minimum
standards and good practices that match the particular
circumstances/context of a given country
Living
in an
area of
freedo
m,
Associated risk: import of institutions that fail to subsist the

time/post-accession test; saturation point of the public
(accession fatigue), high expectations and immediate
spectacular results not met
European Commission
Conclusions
EU accession represents an incentive driven approach
accompanied by the threat of (severe) sanctions
Associated risk: once EU membership is acquired, reforms
could at best stall if not regress
Living
in an
area of
freedo
m,
Possible solution: to involve from the beginning all key

stakeholders (civil society) so that changes brought by an EU
accession driven anti-corruption policy are also rooted in non
governmental levels
European Commission

Thank you!
Living
in an
area of
freedo
m,
Questions?
European Commission

Raluca Pruna - EU Anti-Corruption Policy 270109

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Raluca Pruna - EU Anti-Corruption Policy 270109

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The EU Comprehensive Anti-Corruption Policy

An EU policy against corruption

Combating and preventing corruption is an integral part

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

Relevant requirements for EU membership

What is under scrutiny from an acquis point of

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

EC Main Policy statements

Communication on a comprehensive EU Policy

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

Communication from the Commission to the Council, the

Main aspects at external level

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

COM(2003) 317 final

Implementation of the comprehensive anti-corruption

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

COM(2003) 317 final

Encompassed as such in negotiation Chapter 23 (anticorruption measures)

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

COM(2003) 317 final

1. National anti-corruption strategies or programmes, covering

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

COM(2003) 317 final

2. Current and future EU Members shall fully align with the EU

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

COM(2003) 317 final

Pre-requisites: First option to focus on making existing

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

COM(2003) 317 final

4. Access to public office must be open to every citizen.

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

COM(2003) 317 final

5. Integrity, accountability and transparency in public

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

COM(2003) 317 final

Pre-requisite: consensus rather than top-down imposition.

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

COM(2003) 317 final

Pre-requisites: public consultation, monitoring mechanism of

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

COM(2003) 317 final

8. Public intolerance of corruption should be increased,

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

COM(2003) 317 final

9. Clear and transparent rules on party financing, and external

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

COM(2003) 317 final

10. Incentives should be developed for the private sector to

Directorate-General Justice, Freedom and Security