Activities of Jorge BUXADÉ VILLALBA related to 2023/0135(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on combating corruption, replacing Council Framework Decision 2003/568/JHA and the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union and amending Directive (EU) 2017/1371 of the European Parliament and of the Council
Amendments (11)
Amendment 157 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In order to uphold the principle of equality before the law and to avoid impunity for corruption offences in both the public and private sectors, the legal systems of Member States should prohibit general pardons or the adoption of amnesty laws that prevent the enforcement of the penalties laid down in national criminal codes and in accordance with this Directive, as well as of any civil liability arising from the commission of the offences concerned;
Amendment 160 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) In order to ensure the protection of the rule of law in all its complexity and richness, and to avoid impunity for actions seriously harmful to the rule of law and peaceful coexistence, the Directive should take an all- encompassing view of the concept of corruption and bribery of a political authority or public official in order to include behaviour whereby not only money or economic favours are obtained in exchange for illegal or illegitimate decisions, but also political favours, favours to third states or to certain parties, groups or collectives within the State, if such favours are particularly serious;
Amendment 192 #
Proposal for a directive
Recital 30
Recital 30
(30) Independent civil society organisations are crucial for the well- functioning of our democracies, ands they have the potential to play a key role in upholding the common values on which the EU is founded. TheyIn order to guarantee this independence, Member States should take the appropriate steps to avoid hidden foreign interference by promoting, inter alia, transparency on their funding. With these conditions, civil society organisations have the potential to act as essential watchdogs, drawing attention to threats to the rule of law, contributing to making those in powers accountable, and ensuring respect for fundamental rights. Both Member States and the institutions of the European Union should promote the participation of civil society in anti- corruption activities.
Amendment 194 #
Proposal for a directive
Recital 31
Recital 31
(31) Media pluralism and media freedom are key enablers for the rule of law, democratic accountability, equality and the fight against corruption. Independent and pluralistic media, in particular investigative journalism, play an important role in the scrutiny of public affairs, detecting possible corruption and integrity breaches, raising awareness and promoting integrity. Member States should be transparent as regards funding the media through institutional advertising, preventing any administration from favouring the media of their choice. In addition, Member States have an obligation to guarantee an enabling environment for journalists, protect their safety and pro-actively promote media freedom and media pluralism. The Commission’s Recommendation on the protection, safety and empowerment of journalists49, as well as the proposal for a Directive50 and a Commission Recommendation51 on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (‘Strategic lawsuits against public participation’) include important safeguards and standards to ensure that journalists, human rights defenders and others can carry out their role unhindered. _________________ 49 Commission Recommendation of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union, C(2021)6650 final. 50 Proposal for a Directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”), COM/2022/177 final. 51 Commission Recommendation on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation"), C(2022) 2428 final.
Amendment 198 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) In order to ensure the prevention and prosecution of corruption offences, both in the public and private sectors, Member States should have in place specialised bodies or organisation units that can centralise action in this area. The existence of many decentralised bodies or organisation units may, primarily in small administrations, result in a lack of monitoring, audit and accountability. In addition, given that corruption schemes may affect several administrations, joint measures are needed at national level.
Amendment 289 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that one or several bodies,a body or organisation units specialised in the prevention of corruption is or are in place at national level. This specialised body or organisation unit shall have offices or delegations in the other State administrations, which shall be required to report their actions to the central specialised body or organisation unit.
Amendment 292 #
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 severa national bodies,y or organisational units specialised in the repression of corruption is or are in place. This specialised body or organisational unit shall have offices or delegations in the other State administrations, which shall be required to report their actions to the central specialised body or organisation unit.
Amendment 310 #
Proposal for a directive
Article 4 – paragraph 3 – point d a (new)
Article 4 – paragraph 3 – point d a (new)
(da) operate in line with the objective of increasing their efficiency.
Amendment 401 #
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) the offender obtained a substantial benefit or the offence caused substantial damagbenefit and/or unjustified advantage, or the offence caused quantifiable damage, where this is not the act constituting the offence;
Amendment 416 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Equality before the law Member States shall take the necessary measures to uphold the principle of equality before the law, and ensure compliance therewith, in relation to the offences referred to in this Directive, by means of: 1) the prohibition of granting general pardons; 2) the restrictive and duly justified interpretation of the possibility of granting individual pardons; 3) the prohibition of the adoption of amnesty laws.
Amendment 454 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti-Fraud Office (OLAF) and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in this Directive. To that end, where appropriate, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti- Fraud Office (OLAF), and the Commission shall provide technical and operational assistance in accordance with their respective mandates to facilitate the coordination of investigations and prosecutions by the competent authorities in the fight against the criminal offences referred to in this Directive.