New laws will bring in a range of anti-corruption offences and penalties which are set to apply across the EU, the Council of the EU has announced.
Under the EU-wide measure, the following will become offences across the region:
Bribery in the public and private sectors
Misappropriation
Trading in influence
Obstruction of justice
Enrichment from corruption offences.
While many of these are already illegal in many European nations, the council said the main benefit of the new law is: “For the first time at EU level, it brings together in one legal act rules on corruption in the public and private sectors.”
There will now also be a more standardised approach to dealing with these crimes across the EU, with minimum penalties and sentences.
“All EU countries will be obliged to criminalise the same acts of corruption and define these acts in the same manner,” the Council of the EU said.
In a statement, the organisation added: “The criminal offences that will become illegal under EU law will be punishable by a maximum term of imprisonment of at least two to four years, depending on the offence.
“People convicted for corruption offences may incur additional penalties such as fines, removal from public office, disqualification from holding public office or exercising a public service function, the withdrawal of permits and exclusion from access to tender procedures and public funds.”
The organisation said that ‘legal persons’, i.e. companies, “will also face penalties in the form of fines ranging from at least 3% to 5% of their total worldwide turnover or at least €24 or €40 million, depending on the offence”.
Member states will have jurisdiction over offences committed within their territory, where the offender is a national.
“In addition, member states may decide to extend their jurisdiction to acts committed outside their territory,” the Council of the EU said.
This can apply when:
The offender is a habitual resident in its territory
The offence is committed against one of its nationals or its habitual residents
The offence is committed for the benefit of a legal person established in its territory
The Council of the EU said the 27 member states must ensure they have independent bodies in place which are tasked with fighting corruption.
“On the basis of this general approach reached, the Council will be able to enter into negotiations with the European Parliament, which already established its position in February 2024, in order to agree on a final legislative text,” the organisation said.
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