The Proposal for a Directive of the European Parliament and of the Council on the fight against corruption (COM/2023/234) was published in May 2023.
It was motivated by the shortcomings of Directive 2017/1371 (known as “PIF”), which include insufficient transposition, a lack of consistency in the definitions of offenses, the absence of liability of legal persons in certain Member States and the significant disparities in the sentences provided for and imposed.
The European Parliamentary Research Service (EPRS) published an updated note on September 24, detailing the most recent developments.
Recall that the directive aims to have a significant impact on financial crime compliance in the public and private sectors, while strengthening broader anti-corruption efforts.
Chronology of the stages of the legislative process of the anti-corruption directive (COM/2023/234): the trilogue in sight. European Parliament.
At this stage, it is planned in particular:
– as for the lifting of immunity, the amendments proposed by Parliament are likely to tighten the conditions relating to the maintenance of immunity;
– as for the criminal liability of legal persons: it is established, including the characterization of offenses by omission, lack of supervision or control;
– the implementation of extra-judicial resolutions for companies is encouraged;
– as for the quantum of penalties: at least 5 years in prison for private corruption, embezzlement, influence peddling and abuse of office; at least 4 years in prison for enrichment from corruption. For legal entities, the proposal provides for: “criminal or non-criminal fines the ceiling of which should not be less than 5% of the total worldwide turnover achieved by the legal entity […] during the financial year preceding the decision imposing the fine”;
– as to the rules of jurisdiction: extension of jurisdiction of the jurisdiction of the registered office of the company beneficiary of the infringement. The proposal states that the jurisdiction of a State should not depend on a complaint or denunciation coming from the State where the offense was committed;
– as for the preventive aspect (compliance policy): anticipate and avoid criminal liability by demonstrating adequate control and monitoring, in particular through the establishment of “effective” compliance programs for internal control, ethics awareness and compliance, and prevention tools to prevent corruption before the commission of the offense.
However, adoption does not yet seem imminent: the boycott of the Hungarian presidency due to Orbán’s trips to Moscow and Beijing is particularly aimed at the trilogue phase, which is precisely the next step in the legislative process. It is therefore to be feared that this phase will not evolve before, at the earliest, the beginning of 2025. Going back to jump better?
To learn more about the impact of this directive and prepare for your compliance, contact the firm by email to .
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