45 Amendments of Elena YONCHEVA related to 2023/0135(COD)
Amendment 138 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Member States should be provided with the tools and measures to combat the most serious corrupt behaviour, involving abuse of high level power or causing serious harm to societies. In order to ensure improved track record of tackling high level corruption cases across all Member States, it is imperative that national authorities dispose of specific measures with regards to the prevention, repression, investigation and prosecution of cases involving high level officials or gross misappropriation of public funds or resources.
Amendment 140 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) Corruption is not a victimless crime and the rights of victims of corruption should be safeguarded on the same level as those of victims of other crimes, including regarding the right to information, support and protection. Victims of corruption should be represented in court proceedings, consulted about corruption investigation and adequately compensated. This will ensure that the consequences and the damage of corruption to societies are recognised and guarantees the rights of people suffering from corruption.
Amendment 145 #
Proposal for a directive
Recital 5
Recital 5
(5) To root out corruption, both preventive and repressive mechanisms are needed. Member States are encouraged to take a wide range of preventive, legislative and cooperative measures as part of the fight against corruption. Whereas corruption is first and foremost a crime and specific acts of corruption are defined in national and international law, failings in integrity, undisclosed conflicts of interests or serious breaches of ethical rules can become corrupt activities if left unaddressed. The prevention of corruption mitigates the need for criminal repression and has wider benefits in promoting public trust and managing the conduct of public officials. Effective anti-corruption approaches oftenin all Member States should build on measures to enhance transparency, ethics and integrity, as well as by regulating in areas, considered to be enablers of corruption, such as conflict of interest, lobbying and, revolving doors, public procurements and political parties financing. Public bodies should seek the highest standards of integrity, transparency and independence as an important part of tackling corruption more broadly.
Amendment 148 #
Proposal for a directive
Recital 6
Recital 6
(6) Member States should have in place bodies or units specialised in the repression and investigation and specialised in the prevention of corruption. Member States may decide to entrust a body with a combination of preventive and law enforcement functions. In order to ensure that these bodies operate effectively, they should meet a number of conditions, including having the independence, resources and powers that are necessary to ensure the proper administration of their tasks. The management of the specialised bodies should be appointed through an open and transparent procedure in full compliance with the principle of legislative oversight, including several branches of government, to ensure public trust in the national anti-corruption bodies and avoid potential conflicts of interest.
Amendment 150 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) To ensure coordinated EU oversight over the efforts of Member States to tackle corruption, Member States should facilitate the tasks of an EU Anti- Corruption Coordinator. The Coordinator should be responsible for improving coordination and coherence among EU institutions, EU agencies and Member States and should contribute to the effective application of this Directive. To ensure implementation of the country- specific recommendations in regards to combatting corruption set out in the Commission annual Rule of Law Report, the Coordinator should report on the actions that Member States take to address and fulfil them. On its own initiative, or upon the request of the Commission, the Anti-Corruption Coordinator may draw up opinions regarding national measures which may have a significant impact on the implementation of this Directive, including the national anti-corruption strategies of the Member States.
Amendment 216 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) any other person assigned and exercising a public service function or providing public service in Member States or third countries, for an international organisation or for an international court.
Amendment 230 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘high level officials’ are heads of state, heads of central and regional government, members of central and regional government, as well as other political appointees who hold a high level public office such as deputy ministers, state secretaries, heads and members of a minister’s private office, and senior political officials, executives of state- owned corporations, leaders of political parties, as well as members of parliamentary chambers, members of highest Courts, such as Constitutional and Supreme Courts, and members of Supreme Audit Institutions.
Amendment 235 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
8a. ‘victim of corruption’ means a legal person, in accordance with national law, who is a victim as defined in Article 2(1), point (a), of Directive 2012/29/EU of the European Parliament and of the Council60a, that has suffered harm as a result of any of the offences within the scope of that Directive; _________________ 60a Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, OJ L 315, 14.11.2012, p. 57, ELI: http://data.europa.eu/eli/dir/2012/29/oj
Amendment 239 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 b (new)
Article 2 – paragraph 1 – point 8 b (new)
8b. ‘high level corruption’ means the commission of any offences referred to in Articles 7 to 14, where the offence involves a high level official or results in a gross misappropriation of public funds or resources.
Amendment 252 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall take measures to ensure that key preventive tools such asare in place, such the development of national anti-corruption strategies in consultation with the relevant specialised bodies referred to in Article (4) and civil society, an open access to information of public interest, effective rules for the disclosure and management of conflicts of interests in the public sector, effective rules for the disclosure and verification of assets of public officials and effective rules regulating the interaction between the private and the public sector are in placefor the disclosure and transparency of national political parties financing.
Amendment 258 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
Amendment 260 #
Proposal for a directive
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Member States shall take measures to regulate the movement of public officials from positions of public office to positions in the same field in the private or voluntary sector in either direction. Those measures shall include restrictions on post-term employment of public officials and post-term employment of interest representatives with a period of time, as determined in national law, following the end of their mandate during which public officials and interest representatives shall not undertake employment related to their former professional activities.
Amendment 262 #
Proposal for a directive
Article 3 – paragraph 3 c (new)
Article 3 – paragraph 3 c (new)
3c. Member States shall take measures to ensure transparency and accountability of public procurements. Such measures shall include creating a public and easily accessible national procurement register, providing standardised data, including information on all procurement contracts concluded by the public authorities.
Amendment 269 #
Proposal for a directive
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
(b) members of law enforcement and the judiciary, including measures relating to their merit-based appointment and conduct, and by ensuring adequate remuneration and equitable pay scales.
Amendment 277 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – point b
Article 3 – paragraph 5 – subparagraph 2 – point b
(b) develop anti-corruption action plans to address the main risks in the sectors identified.
Amendment 293 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures to ensure that one or several bodies, or organisational units specialised in the repression of corruptionand investigation of corruption, including high-level corruption, is or are in place.
Amendment 298 #
Proposal for a directive
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) are functionally independent from the government and have a sufficient number of qualified staff, including on the operational level, and the financial, technical and technological resources, as well as the powers and tools necessary to ensure the proper administration of their tasks;
Amendment 300 #
Proposal for a directive
Article 4 – paragraph 3 – point a a (new)
Article 4 – paragraph 3 – point a a (new)
Amendment 302 #
Proposal for a directive
Article 4 – paragraph 3 – point a b (new)
Article 4 – paragraph 3 – point a b (new)
(ab) are managed by executive member or members with an adequate and sufficient term of office, ensuring functional political independence. The executive member or members shall be appointed through a transparent, open and non-discriminatory procedure in accordance with the principle of legislative oversight. The selection criteria shall be predictable and known no less than 1 year before the planned appointment.
Amendment 304 #
Proposal for a directive
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) provide public access to relevant information on the exercise of their activities, including annual reports on their activities, with due regard for the protection of personal data and the confidentiality of investigations;
Amendment 311 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article4a Coordination of Union strategy on combating corruption 1. In order to contribute to a coordinated and consolidated Union strategy on combating corruption, Member States shall facilitate the tasks of a European Union Anti-Corruption Coordinator (‘the Coordinator’). In particular, Member States shall transmit to the Coordinator, when requested, information referred to in Article 26 of this Directive. 2. The Coordinator shall promote the effective and consistent application of this Directive and shall monitor the implementation of the provisions of Articles 3 and 4 of this Directive. 3. The Coordinator shall advise the Commission, on its own initiative or where requested by it, on the implementation of the country-specific recommendations related to combatting corruption, set out in the Commission annual Rule of Law Reports, or on national measures which might have a significant impact on their implementation.
Amendment 315 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that national authorities competent for the prevention, detection, investigation, prosecution or adjudication of the criminal offences referred to in this Directive are continually provided with an adequate number of qualified staff and the financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Amendment 318 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall take the necessary measures to ensure adequate resources for and the provision of training at a regular interval for its national officials to be able to identify different forms of corruption and corruption risks that may occur in the exercise of their duties and to react in a timely and appropriate manner to any suspicious activity.
Amendment 375 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article13a Liability for serious negligence The conduct referred to in Articles 7 to 13 shall constitute a criminal offence when committed with serious negligence.
Amendment 379 #
(a) the criminal offences referred to in Article 7 and 12 are punishable by a maximum term of imprisonment of at least sixeight years;
Amendment 380 #
Proposal for a directive
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) the criminal offences referred to in Article 8 to 11 are punishable by a maximum term of imprisonment of at least fiseven years; and
Amendment 381 #
Proposal for a directive
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
(c) the criminal offence referred to in Article 13 is punishable by a maximum term of imprisonment of at least foursix years.
Amendment 394 #
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) criminal or non-criminal fines, the maximum limit of which should not be less than 510 percent of the total worldwide turnover of the legal person, including related entities, in the business year preceding the decision imposing the fine;
Amendment 396 #
Proposal for a directive
Article 17 – paragraph 2 – point i a (new)
Article 17 – paragraph 2 – point i a (new)
(ia) the publication of all or part of the judicial decision that relates to the criminal offence committed and the sanctions or measures imposed, where there is a public interest, without prejudice to rules on privacy and the protection of personal data.
Amendment 399 #
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) the offender ice involves a high level official or constitutes high level corruption;
Amendment 405 #
Proposal for a directive
Article 18 – paragraph 1 – point g a (new)
Article 18 – paragraph 1 – point g a (new)
Amendment 406 #
Proposal for a directive
Article 18 – paragraph 1 – point g b (new)
Article 18 – paragraph 1 – point g b (new)
(gb) the offender does not provide assistance to enforcement authorities when legally required;
Amendment 407 #
Proposal for a directive
Article 18 – paragraph 1 – point g c (new)
Article 18 – paragraph 1 – point g c (new)
(gc) in the case of legal persons, the offence was committed by a person having a leading positons within the legal person concerned.
Amendment 408 #
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
Amendment 412 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States shall take the necessary measures to ensure that privileges or immunities from investigation and prosecution granted to national officials for the offences referred to in this Directive can be lifted, either at the national official's own initiative or through an objective, impartial, effective and transparent process pre-established by law, based on clear criteria, and that is concluded within a reasonable timeframe. Member States shall take the necessary measures to ensure that privileges and immunities accorded to public officials shall not be applicable in instances of investigation and prosecution of cases involving high level corruption.
Amendment 418 #
Proposal for a directive
Article 20 – paragraph 1 – point c a (new)
Article 20 – paragraph 1 – point c a (new)
(ca) the offence is committed in any Member State and is a case of high level corruption.
Amendment 448 #
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article23a Victims compensation 1. Member States shall take measures to ensure that victims of the criminal offences referred to in this Directive shall be afforded the rights under Directive 2012/29/EU. 2. Member States shall take measures to ensure the identification and timely notification of victims of corruption. Member States shall accord victims of corruption the right to instigate legal proceedings with the aim of securing proportional and adequate compensation for the infringement of their rights.
Amendment 459 #
Proposal for a directive
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. The Commission, through the EU network against corruption, and the European Union Anti- Corruption Coordinator, shall in particular:
Amendment 468 #
Proposal for a directive
Article 26 – paragraph 2 – point a a (new)
Article 26 – paragraph 2 – point a a (new)
(aa) the number of cases involving high level officials reported;
Amendment 469 #
Proposal for a directive
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
(b) the number of cases investigated, including those involving cross-border cooperation;
Amendment 470 #
Proposal for a directive
Article 26 – paragraph 2 – point b a (new)
Article 26 – paragraph 2 – point b a (new)
(ba) the number of cases involving high level officials investigated, including those involving cross-border cooperation;
Amendment 471 #
Proposal for a directive
Article 26 – paragraph 2 – point d
Article 26 – paragraph 2 – point d
(d) the averagemedian, average and maximum length of the criminal investigations of cases;
Amendment 472 #
(fa) the number of convictions for corruption crimes related to offences committed by a public official;
Amendment 477 #
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Member States shall, on an annual basis and by 1 June, publish, in a publicly available manner and in a machine- readable and disaggregated format, the statistical data referred to in paragraph 2 for the previous year and inform the Commission and the European Anti- Corruption Coordinator thereof.
Amendment 506 #
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
3. By [48 months after the deadline for implementation of this Directive], the Commission, in consultation with the Anti-Corruption Coordinator, shall submit a report to the European Parliament and to the Council, assessing the added value of this Directive with regard to combating corruption. The report shall also cover the impact of this Directive on fundamental rights and freedoms. On the basis of this evaluation, the Commission shall, if necessary, decide on appropriate follow-up actions.