11 Amendments of Alin MITUȚA related to 2023/0135(COD)
Amendment 30 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. These efforts shall be systematically integrated into all levels of education programs, designed to develop ethical values and promote a culture of integrity. Member States shall provide opportunities for educators to receive specialized training in anti- corruption education methodologies and strategies to insure the effective delivery of these programs.
Amendment 33 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member states shall implement the highest standard of transparency regarding public procurement processes, establishing open, competitive bidding procedures, with clear and standardized procurement rules accessible to all stakeholders. Public procurement procedures should be channelled through e-procurement systems, making processes more transparent and accountable. Member states shall take measures to publish all information online, whether it be tender notices, contract awards and details of awarded contracts. Member states shall conduct regular audits of public procurement activities to detect irregularities and misconduct that could amount to fraud and corruption.
Amendment 34 #
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. Members States shall establish anti-corruption training for all public procurement officials, evaluators and contractors on the risks of corruption, its detection and reporting, as well as ethical conduct and anti-corruption laws.
Amendment 35 #
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 as 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 place.are in place, such as:
Amendment 37 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. An open access to information of public interest, enacting laws and regulations that guarantee the public's right to access government information. Public information shall be made accessible through interoperable systems, making data available in a timely manner, in a standardized, machine-readable format, downloadable in bulk.
Amendment 39 #
Proposal for a directive
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Effectives rules for the disclosure and management of conflict of interest in the public sector, through a clear comprehensive policy framework, defining procedure for public officials to recuse themselves from any decision or activities in which they have a potential conflict of interest, including abstaining from decision making or divesting conflicting interests. Those rules shall include ad- hoc disclosure of new conflict as they arise, and establish sanctions for failure to report conflict of interest.
Amendment 40 #
Proposal for a directive
Article 3 – paragraph 3 c (new)
Article 3 – paragraph 3 c (new)
3c. Effective rules for disclosure and verification of assets, income and financial interest of public officials, establishing sanctions for failure to report substantial assets or interests. The disclosure should be made regularly and updated as necessary, ensuring that asset disclosure information is properly handled and treated in a way that serves the purpose of detecting corruption offenses.
Amendment 41 #
Proposal for a directive
Article 3 – paragraph 3 d (new)
Article 3 – paragraph 3 d (new)
3d. Effective rules regulating, where appropriate, interactions between the private and public sector such as: regulating revolving doors situations, enforcing cooling off periods, during which former public officials are restricted from engaging in activities that could exploit their previous positions or relationships; regulating lobbying activities of all organisations engaging in representation of interest, through mandatory registration in transparency registers.
Amendment 47 #
Proposal for a directive
Article 3 – paragraph 6 a (new)
Article 3 – paragraph 6 a (new)
6a. Member states shall implement laws that protect whistleblowers who report corruption or wrongdoing, ensuring their safety and preventing retaliation; establishing confidential reporting mechanisms that allow witnesses or victims of corruption to disclose information through secure channels.
Amendment 51 #
Proposal for a directive
Article 15 – paragraph 4 – point f a (new)
Article 15 – paragraph 4 – point f a (new)
(fa) When a national official is convicted of a criminal offense under this Directive, the conviction by national judicial authorities shall trigger a comprehensive assessment of the entire wealth associated with that official, as well as their close relatives and partners. This assessment encompasses all financial assets, movable and immovable properties, with the purpose of determining whether the wealth held by the official, relatives, or partners corresponds to the income officially reported by these individuals. In cases where a significant disparity exists between the reported income and the actual assets possessed by the national official or their affiliated individuals, national competent authorities shall initiate a distinct investigation into the matter. If this separate investigation reveals that the assets in question are unexplained wealth or the proceeds of illicit activities, such assets should be subject to seizure and confiscation by national authorities.
Amendment 54 #
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 appropriatIn the pursuit of this objective, 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 and the European Public Prosecutor's Office.