raluca pruna - eu anti-corruption policy 270109

An EU policy against corruption

• Combating and preventing corruption is an integral part of the European Union’s 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 Union’s approach to international relations.

European Commission

The EU Comprehensive Anti-Corruption Policy

The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

Living in an

area of freedo

m, security

and justice

Directorate-General Justice, Freedom and Security

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/docs/jha_acquis_1008_en.pdf



Living in an

area of freedo

m, security

and justice

European Commission Directorate-General Justice, Freedom and Security

EC Main Policy statements

• 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



Living in an

area of freedo

m, security

and justice




Living in an

area of freedo

m, security

and justice


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

Main aspects at external level • inclusion of inclusion of ten general principlesten general principles into the national anti- into the national anti-corruption strategies of EU, acceding and candidate countries corruption strategies of EU, acceding and candidate countries as well as other EU partnersas well as other EU partners

• insertion of insertion of anti-corruption clausesanti-corruption clauses into cooperation into cooperation agreements and external aid programmesagreements and external aid programmes



Living in an

area of freedo

m, security

and justice


COM(2003) 317 final

• A single anti-corruption unit or body; training and specialisation in this area • 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.



Living in an

area of freedo

m, security

and justice


COM(2003) 317 finalAnnex

“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

• Encompassed as such in negotiation Chapter 23 (anti-corruption measures)



Living in an

area of freedo

m, security

and justice




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 anti-corruption policy, research on corruption and a minimum (transfer) of know how on strategic planning, consultation of civil society.



Living in an

area of freedo

m, security

and justice




2. Current and future EU Members shall fully align with the EU acquis and ratify and implement all main international anti-corruption instruments they are party to (UN, Council of Europe and OECD Conventions)

Pre-requisites: genuine political will



Living in an

area of freedo

m, security

and justice




3. Implementation of anti-corruption laws by competent and visible anti-corruption bodies

Pre-requisites: First option to focus on making existing institutions and mechanisms work rather than creating new ones.



Living in an

area of freedo

m, security

and justice




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.



Living in an

area of freedo

m, security

and justice




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.



Living in an

area of freedo

m, security

and justice




6. Codes of conduct in the public sector should be established and monitored.

Pre-requisite: consensus rather than top-down imposition. Role of the civil society (including the press).



Living in an

area of freedo

m, security

and justice




7. Clear rules should be established in both the public and private sector on whistle blowing and reporting.

Pre-requisites: public consultation, “monitoring” mechanism of effective protection of whistleblowers.



Living in an

area of freedo

m, security

and justice




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”.



Living in an

area of freedo

m, security

and justice




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.



Living in an

area of freedo

m, security

and justice




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

Council Decision 2008/852/JHA on a contact-point network against corruption

• 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



Living in an

area of freedo

m, security

and justice




Living in an

area of freedo

m, security

and justice


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

Associated risk: Saturation point of the public, high expectations and immediate spectacular results not met



Living in an

area of freedo

m, security

and justice


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

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



Living in an

area of freedo

m, security

and justice


Conclusions

There are no tailor made solutions, but only minimum standards and good practices that match the particular circumstances/context of a given country

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



Living in an

area of freedo

m, security

and justice


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

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

Thank you!

Questions?European Commission



Living in an

area of freedo

m, security

and justice


raluca pruna - eu anti-corruption policy 270109

Documents

combating corruption

corruption sec

corruption com2003

single anticorruption

comprehensive eu policy

area of freedom

general principles

european parliament