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Activities of José GUSMÃO 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
2024/02/21
Committee: LIBE
Dossiers: 2023/0135(COD)
Documents: PDF(431 KB) DOC(202 KB)
Authors: [{'name': 'Ramona STRUGARIU', 'mepid': 134605}]

Amendments (54)

Amendment 167 #
Proposal for a directive
Recital 10
(10) It is necessary to strenghten the legal framework to combat bribery and to provide law enforcement and prosecution with the necessary tools. In bribery of public officials, there are two sides to distinguish. Active bribery exists when a person promises, offers, rewards or gives an advantage of any kind to influence a public official. Passive bribery exists when the public official requests or receives such advantagesin order to act or to refrain from acting in a certain way. This Directive should also set minimum rules on bribery and other forms of corruption in the private sector, where the immediate victims include companies that are impacted unfairly and where free competition is diminished by each bribe offered or accepted.
2023/10/16
Committee: LIBE
Amendment 175 #
Proposal for a directive
Recital 14
(14) Obstruction of justice is a criminal offence committed in support of corruption. It is therefore necessary to lay down a criminal offence for the obstruction of justice, which entails the exercise of physical force, threats or intimidation, or the inducement of false testimony or evidence. Actions to interfere in the giving of testimony or production of evidence, or with the exercise of official duties by judicial or law enforcement officials, as well as the destruction, alteration, concealment or falsification of evidence should also be covered. In line with the UNCAC, this Directive only applies to the obstruction of justice concerning proceedings relating to a corruption offence.
2023/10/16
Committee: LIBE
Amendment 177 #
Proposal for a directive
Recital 15
(15) Corruption feeds off the motivation for undue economic and other advantages. Ìn order to reduce the incentive for individuals and criminal organisations to commit new criminal acts and deter individuals from consenting to becoming fake property owners enrichment by corruption offences should be criminalised. This should, in turn, complicate the concealment of illicitly acquired property and reduce the spread of corruption as well as the damage done to society. Transparency helps competent authorities to detect possible illicit enrichment. For example, in jurisdictions where public officials arOfficials should therefore be required to declare their assets and interests at regular intervals, including when taking up and completing duties, authoritiesso that competent authorities, or independent entities, can assess whether the declared assets correspond to declared incomes, as well as detect and prevent potential conflicts of interest and revolving doors situations.
2023/10/16
Committee: LIBE
Amendment 179 #
Proposal for a directive
Recital 15 a (new)
(15a) Member States should be obliged to take measures that hold public officials accountable for any culpable breach of their official duties that results in harm to the rights or to the legitimate interests of individuals or entities. Such breaches, involving a failure to perform duties or a defective performance of duties, should be punishable as administrative or criminal offences.
2023/10/16
Committee: LIBE
Amendment 183 #
Proposal for a directive
Recital 20 a (new)
(20a) In the fight against corruption, urgent attention should be directed towards tackling the misuse of bearer shares and trusts, which are essential in clandestine financial activities. Member States still permit the use of bearer shares, allowing for illicit funds to be received, held, and transferred in a clandestine manner. These mechanisms create an opacity level even higher than tax havens, making them a serious concern in the battle against corruption. Moreover, trusts are also exploited for their potential to allow obscure financial transactions and to hide the true beneficiaries. The misuse of funds further compounds the challenge of tracking and combating corruption effectively. Therefore, Member States need to swiftly implement robust measures. Such measures should encompass an unambiguous ban on bearer shares and a comprehensive strategy to ensure transparency of ownership in the use of trusts.
2023/10/16
Committee: LIBE
Amendment 193 #
(30) Independent civil society organisations are crucial for the well- functioning of our democracies, and play a key role in upholding the common values on which the EU is founded. They 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. Member States should promote the participation of civil society in anti- corruption activities. The consistent involvement of civil society in the prevention and in the fight against corruption, as well as in raising public awareness regarding the existence, causes and gravity of corruption and the threats it poses should be an essential element of the Union’s approach.
2023/10/16
Committee: LIBE
Amendment 195 #
Proposal for a directive
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 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, whistleblowers, 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.
2023/10/16
Committee: LIBE
Amendment 197 #
Proposal for a directive
Recital 33 a (new)
(33a) Victims of corruption often lack representation in legal processes, consultation in corruption investigations, and opportunities for compensation. In practice, enforcing actions against international corruption often neglects the involvement and rights of victims, creating a significant gap where victims remain largely unknown. Member States should safeguard the rights of victims, ensuring their perspectives are voiced and considered without compromising the rights of the defence during criminal proceedings against offenders. The compensation of victims represents the essence of justice and victims should be empowered to seek remedies. Therefore, Member States should implement measures allowing individuals or entities harmed by acts of corruption to initiate legal actions against the responsible parties to seek fair compensation.
2023/10/16
Committee: LIBE
Amendment 199 #
Proposal for a directive
Recital 34
(34) Corruption is a cross-cutting issue, while vulnerabilities differ from sector to sector, as well as the most adequate way to tackle them. Member States should therefore regularly perform an assessment to identify the sectors most at risk of corruption and develop risk management plans to address the main risks in the sectors identified, including by organising, at least once a year, awareness-raising actions adapted to the specificities of the sectors identified. Member States that have broad national anti-corruption strategies in place, may also choose to address their risk assessments and risk management plans therein, as long as the risks are assessed and the measures are reviewed regularly. For instance, investor residence schemescitizenship schemes and investor residence schemes such as "golden visas" are among the sectors thatbear high risks for corruption59 . andThese should therefore be included in the assessments of the sectors most at risk of corruption and the trainings to be conducted by Mbe banned from all member Sstates as provided for by this Directive. _________________ 59 Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Investor Citizenship and Residence Schemes in the European Union, 23 January 2019, COM(2019) 12 final.
2023/10/16
Committee: LIBE
Amendment 200 #
Proposal for a directive
Recital 34 a (new)
(34a) The European Commission should support Member States and their authorities to comply with the obligations stemming from this Directive. In particular, the Commission should offer guidance and support to Member States in enhancing the capacity of their institutions, strengthening investigative bodies and the judiciary in order to respond better to risks of corruption identified at national and Union level.
2023/10/16
Committee: LIBE
Amendment 201 #
Proposal for a directive
Recital 34 b (new)
(34b) The EU network against corruption should bring together the expertise and resources of Member States, Union institutions, civil society, and the private sector in order to develop comprehensive strategies and share best practices in the fight against corruption. It should serve as a platform for cooperation, coordination, and information sharing, including with international organisations and bodies, thus allowing the Union to combat corruption more effectively.
2023/10/16
Committee: LIBE
Amendment 212 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
2. ‘property’ means funds or assets of any kind, whether corporeal or incorporeal, movable or immovable, financial or non- financial, tangible or intangible, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or an interest in, such assets.
2023/10/16
Committee: LIBE
Amendment 213 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
(a) a Union official or a national official, contractor or consultant/adviser or a national official, contractor or consultant/adviser of a Member State or of a third country,
2023/10/16
Committee: LIBE
Amendment 217 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
(b) any other person assigned and exercisexercising a public function or providing a public service function in Member States or third countries, for an international organisation or for an international court.
2023/10/16
Committee: LIBE
Amendment 220 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b a (new)
(ba) any other person defined as a ‘public official’ in the domestic law of that Member State.
2023/10/16
Committee: LIBE
Amendment 228 #
8. ‘high level officials’ are heads of state, heads of central and regional government, members of the College of Commissioners, or high-level positions of the European Commission, 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, Members of the European Parliament, heads and members of a minister’s private office, and senior political officials, as well as members of parliamentary chambers, members of highest Courts, such as Constitutional and Supreme Courts, military officials, senior executives of state owned corporations, political party officials and members of Supreme Audit Institutions.
2023/10/16
Committee: LIBE
Amendment 232 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
8a. 8a.‘grand corruption’ means the commission of any of the offences referred to in Articles 7 to 14, where the offence: (a) involved a high level official;or (b) was committed as part of a criminal scheme;or (c) resulted in a gross misappropriation of property;or (d) resulted in, or intended to result in, either a serious human rights violation or abuse, or any other human rights violation or abuse, in so far as that violation or abuse is widespread, systematic or is otherwise of serious concern. (a) involved a high level official;or (b) was committed as part of a criminal scheme;or (c) resulted in a gross misappropriation of property for personal gains;or (d) resulted in, or intended to result in, either a serious human rights violation or abuse, or any other human rights violation or abuse, in so far as that violation or abuse is widespread, systematic or is otherwise of serious concern.
2023/10/16
Committee: LIBE
Amendment 236 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 b (new)
8b. ‘victim of corruption’ means persons who, individually or collectively, have suffered harm, either directly or indirectly, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are a consequence of any of the offences referred to in Articles 7 to 14.
2023/10/16
Committee: LIBE
Amendment 240 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 c (new)
8c. 'qualified public interest entity’ means an entity which: (a) has a public or non-profit character; (b) pursues mainly objectives with a direct relationship to the action brought; (c) has been established for at least five years prior to the date of bringing action to the relevant court or competent administrative body;and (d) makes publicly available in plain and intelligible language by any appropriate means, in particular on its website, information that demonstrates that it complies with the criteria listed in points (a) to (c) and information about the sources of its funding, its organisational structure, its statutory purpose and its activities.
2023/10/16
Committee: LIBE
Amendment 244 #
Proposal for a directive
Article 3 – paragraph 1
1. Member States shall take appropriate action, such asincluding information and awareness-raising campaigns and research and education programmes, to raise public awareness on the harmfulness of corruption and reduce the overall commission of corruption offences as well as the risk of corruption.
2023/10/16
Committee: LIBE
Amendment 249 #
Proposal for a directive
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, such as: (a) an anticorruption strategy and action plan drafted with the participation of competent authorities and civil society; (b) effective rules for the periodic and risk-based disclosure and verification of assets and interests of public officials;namely by guarenteeing the establishment of an up to date open access EU Asset Register, and other open access databases with information of public interest on a national and European level;establishing sanctions for failure to report substantial assets or interests; (c) effective rules for the disclosure and management of conflicts of interest in the public sector, including ad-hoc disclosure of new conflicts as they arise; establishing sanctions for failure to report substantial assets or interests and for those involved in the materialization of such conflicts of interest; (d) effective rules addressing the interaction between the private and the public sector, including regulation of lobbying, revolving doors situations from the private to public sector and vice-versa, proactive publication of lobby meetings, establishing a public legislative footprint, and establishing the obligation rules for those who engage in interest representation to register in transparency registers and disclose corporate membership; (e) interoperable systems for the publication and disclosure of all data listed under this Article, such as transparency registers. All data listed under this Article shall be made publicly available, updated in a timely manner, accessible in machine-readable formats and downloadable in bulk; (f) effective restrictive measures to prevent situations of revolving doors between the private and the public sector, in Member States and in EU institutions; (g) effective restrictive measures to prevent corporate lobbys and consulting companies from influencing policy decision processes when they might have conflicts of interests; effective rules on the interactions between corporate lobbys and consulting companies, including their issuing of official impact assessments or studies vis-a-vis the public sector, and preventing their privileged access to information and preventing revolving doors between them and the public sector; (h) effective measures to ban CBI and RBI schemes; (i) effective measures to guarantee that such dispositions do not restrict the work of civil society organisations, non-profit or humanitarian organisations in their advocacy work that should not be confused with corporate lobbying.
2023/10/16
Committee: LIBE
Amendment 263 #
Proposal for a directive
Article 3 – paragraph 4 – introductory part
4. Member States shall adopt comprehensive and up-to-date measures to prevent corruption in both the public and private sectors, adapted to the specific risks of an area of activity. Such areas shall at least include common high-risk areas such as the financial sector, health, digital, agri business and pharma sector, public procurement and the construction sector. Such measures shall at least include actions to strengthen integrity and to prevent opportunities for corruption among:
2023/10/16
Committee: LIBE
Amendment 273 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1
Member States shall regularannually perform an assessment to identify the sectors most at risk of corruption.
2023/10/16
Committee: LIBE
Amendment 279 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – point b a (new)
(ba) ensure the results of the assessments are available to the public.
2023/10/16
Committee: LIBE
Amendment 280 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
5a. Member States shall take appropriate measures to promote transparency and accountability in the management of public finances including the establishment of an EU Asset Registry.Member States shall, in particular, take the necessary steps to establish appropriate systems of procurement, based on transparency, competition and objective criteria in decision making. Member States shall publish information in open data formats including, but not limited to, government budgets, government spending, public procurement, voting records, permits and concessions, state subsidies, large tax benefits and , cross-border tax rulings for high-net-worth individuals.
2023/10/16
Committee: LIBE
Amendment 282 #
Proposal for a directive
Article 3 – paragraph 6
6. Where appropriate, Member States shall take measures to promote the participation of civil society, non- governmental organizations and community-based organizations in anti- corruption activities and assessments. Member States shall establish an enabling environment for civil society to work and have meaningful engagement in anti- corruption activities.
2023/10/16
Committee: LIBE
Amendment 285 #
Proposal for a directive
Article 3 – paragraph 6 a (new)
6a. Member States shall take measures to prevent corruption involving the private sector through the development of codes of conduct, enhancing accounting and auditing standards, as well as internal controls and transparency, considering external auditing, particularly in high risk sectors and promoting cooperation with law enforcement. Member States shall take the necessary measures to ensure that a specialised body as defined in Article 4 or another competent authority examines on a regular basis the declaration by a public official of assets and interests and measures such declaration against the tax declaration by the public official. If such examination reveals a property owned, possessed or controlled by the public official, which is not in accordance with the taxed revenues of the public official, the appropriate measures shall be taken in order to identify the origin of the property.
2023/10/16
Committee: LIBE
Amendment 309 #
Proposal for a directive
Article 4 – paragraph 3 – point d a (new)
(da) have clear rules and protocols enabling swift and where possible automatic data sharing, within Member States and across the EU to the extent that is needed to fulfil their duties.
2023/10/16
Committee: LIBE
Amendment 312 #
Proposal for a directive
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that national authorities competent for the detection, investigation, prosecution or adjudication of the criminal offences and for the preventive measures 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.
2023/10/16
Committee: LIBE
Amendment 322 #
Proposal for a directive
Article 6 – paragraph 2
2. Each Member State shall take the necessary measures to ensure adequate resources for and the provision of specialised anti-corruption training at regular intervals for its members of law enforcement, the judiciary and the staff of authorities tasked with admnistrative and criminal investigations and proceedings of offences falling within the scope of this Directive.
2023/10/16
Committee: LIBE
Amendment 323 #
Proposal for a directive
Article 7 – paragraph 1 – point a
(a) the promise, offer or giving, or rewarding, directly or through an intermediary, of an advantage of any kind to a public official for that official or for a third party in order for the public official to act or refrain from acting in accordance with his duty or in the exercise of that official’s functions (active bribery);
2023/10/16
Committee: LIBE
Amendment 327 #
Proposal for a directive
Article 7 – paragraph 1 – point b
(b) the request or receipt by a public official, directly or through an intermediary, of an undue advantage of any kind or acceptance of an offer or the promise of such an advantage for that official or for a third party, in order for the public official to act or to refrain from acting in accordance with his duty or in the exercise of that official’s functions (passive bribery).
2023/10/16
Committee: LIBE
Amendment 333 #
Proposal for a directive
Article 8 – paragraph 1 – point a
(a) the promise, offer or giving, or rewarding directly or through an intermediary, an undue advantage of any kind to a person who in any capacity directs or works for a private-sector entity, for that person or for a third party, in order for that person to act or to refrain from acting, in breach of that person’s duties (active bribery);
2023/10/16
Committee: LIBE
Amendment 336 #
Proposal for a directive
Article 8 – paragraph 1 – point b
(b) the request or receipt by a person, directly or through an intermediary, of an undue advantage of any kind or the acceptance of an offer or the promise of such an advantage, for that person or for a third party, while in any capacity directing or working for a private- sector entity, to act or to refrain from acting, in breach of that person’s duties (passive bribery).
2023/10/16
Committee: LIBE
Amendment 343 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Member States shall take the necessary measures to ensure that the conduct defined in Article 9(1) is punishable as a criminal offence, when committed recklessly or with gross negligence on condition that: (a) the property concerned qualifies as public asset in accordance with the legislation of the Member State;and (b) such conduct results in loss of economic wealth or in the decrease of the value of the property.
2023/10/16
Committee: LIBE
Amendment 350 #
Proposal for a directive
Article 10 – paragraph 1 – point b a (new)
(ba) the promise of a future job, contract or consultancy/advisery position, usually referred to as revolving doors, with a view to obtain an undue access and advantage from the public sector.
2023/10/16
Committee: LIBE
Amendment 362 #
Proposal for a directive
Article 12 – paragraph 1 – point 1
1. the use, directly or through an intermediary, of physical force, threats or intimidation or the promise, offering or giving of an advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a proceeding concerning any of the offences referred to in Article 7 to 11, 13 and 14corruption offences;
2023/10/16
Committee: LIBE
Amendment 366 #
Proposal for a directive
Article 12 – paragraph 1 – point 2
2. the use, directly or through an intermediary, of physical force, threats or intimidation to interfere in the exercise of official duties by a person holding a judicial office or a member of law enforcement concerning any of the offences referred to in Article 7 to 11, 13 and 14corruption offences.
2023/10/16
Committee: LIBE
Amendment 367 #
Proposal for a directive
Article 12 – paragraph 1 – point 2 a (new)
2a. the destruction, alteration, concealment or falsification of evidence with the intent to interfere in a proceeding concerning corruption offences.
2023/10/16
Committee: LIBE
Amendment 371 #
Proposal for a directive
Article 12 a (new)
Article12a Registry of Assets 1. The Union and Member States shall establish a complete registry of beneficial ownerships to a full set of financial and non-financial assets, such as cash, art, gold or other valuables held at free ports, customs warehouses or safe deposit boxes, yachts and private jets. 2. The European Commission shall publish a directive by 2024 in order to create an EU Asset Register building on the Member States network of registries.
2023/10/16
Committee: LIBE
Amendment 388 #
Proposal for a directive
Article 15 – paragraph 4 a (new)
4a. Member States shall take into account the gravity of the offences concerned when considering the eventuality of suspended sentences, early release, parole or the pardoning of persons convicted of such offences.
2023/10/16
Committee: LIBE
Amendment 400 #
Proposal for a directive
Article 18 – paragraph 1 – point b
(b) the offender, including parent entities or subsidiary entities if the offender is a legal person, has been convicted before of an offence referred to Articles 7 to 14, in a Member State or equivalent offences in a third country;
2023/10/16
Committee: LIBE
Amendment 411 #
Proposal for a directive
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 through an objective, impartial, effective and transparent process pre-established by law, based on clear criteria, and that is concluded within a reasonable timeframe. Such privileges and immunities shall: (a) be limited to acts carried out in the performance of official duties; (b) only apply to acts carried out during a person's term in office or period of service as a public official;and (c) be lifted through an objective, impartial, effective and transparent process pre-established by law, based on clear criteria, and that is concluded within a reasonable timeframe.
2023/10/16
Committee: LIBE
Amendment 420 #
Proposal for a directive
Article 20 – paragraph 1 – point c a (new)
(ca) the offence is committed in any Member State, in the case of grand corruption.
2023/10/16
Committee: LIBE
Amendment 435 #
Proposal for a directive
Article 21 – paragraph 5 a (new)
5a. Member States shall take the necessary measures to ensure that no limitation period shall apply if an offence is classified as grand corruption.
2023/10/16
Committee: LIBE
Amendment 437 #
Proposal for a directive
Article 22 – paragraph 1
1. Member States shall take the necessary measures to ensure that Directive (EU) 2019/1937 is applicable to the reporting of the offences referred to in Articles 7 to 14 and the protection of persons reporting, including whistleblowers and investigative journalists, such offences.
2023/10/16
Committee: LIBE
Amendment 441 #
Proposal for a directive
Article 23 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such as those used in countering organised crime or other serious crimes, are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in this Directiveincluding those listed in Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters, or those used in the area of financial crime, such as the single access point to bank account registries in accordance with the Directive (EU) 2019/1153 or other tools, such as a EU Asset Register,which help to obtain company information to detect the beneficial ownership are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in this Directive. Member States shall ensure that all specialised bodies, as referred to in Article 4, have direct access to SIENA and use the SIENA system for exchanging information in cross-border investigations.
2023/10/16
Committee: LIBE
Amendment 447 #
Proposal for a directive
Article 23 a (new)
Article23a Rights of Victims Rights of victims and compensation for damage 1. Member States shall protect and enable victims to have their views and concerns presented and considered at appropriate stages during criminal proceedings against offenders, in a manner that is not prejudicial to the rights of the defence. 2. Member States shall take the necessary measures to ensure that the rights afforded to victims under Directive 2012/29/EU are also applicable to the victims of corruption, and to ensure that any victim of corruption: (a) is identified and notified of their status as a victim of corruption at the earliest possible opportunity; (b) without prejudice to Art. 11(5) of Directive 2012/29/EU, has the right to a review of a decision not to prosecute or a decision to enter into a non-trial resolution; (c) has the right to satisfaction including, but not limited to, an acknowledgement of the breach, an expression of regret, a formal apology or another appropriate modality; (d) has the right to a guarantee of non- repetition; and (e) is entitled to injunctive relief where applicable. 3. Member States shall ensure that any qualified public interest entity may, as a representative of the interests of victims of corruption and in accordance with national law, take action before the courts or competent administrative bodies to ensure that their rights under paragraph 2 are protected. 4. Member States shall take such measures as necessary to ensure that entities or persons who have suffered damage as a result of an act of corruption have the right to initiate legal proceedings against those responsible for that damage in order to obtain compensation.
2023/10/16
Committee: LIBE
Amendment 453 #
Proposal for a directive
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. Member States shall take the necessary measures to ensure that an organisational unit specialised in the identification, notification, representation and coordination of victims of corruption is in place.
2023/10/16
Committee: LIBE
Amendment 460 #
Proposal for a directive
Article 25 – paragraph 3 – point a
(a) facilitate cooperation and exchange of best practices among Member States’ practitioners, civil society, independent experts, researchers and other stakeholders;
2023/10/16
Committee: LIBE
Amendment 462 #
Proposal for a directive
Article 25 – paragraph 4 a (new)
4a. The Commission shall inform Member States about financial resources at the Union level to contribute financially to the efforts of third countries to combat corruption through technical assistance programmes and projects, and to facilitate the coordination of investigations and prosecutions.
2023/10/16
Committee: LIBE
Amendment 466 #
Proposal for a directive
Article 26 – paragraph 1
1. Member States shall collect disaggregated statistical data on each of the criminal offences as referred to in Articles 7 to 14 of this Directive.
2023/10/16
Committee: LIBE
Amendment 474 #
Proposal for a directive
Article 26 – paragraph 2 – point f a (new)
(fa) the number of freezing and confiscation orders, as well as their estimated value;
2023/10/16
Committee: LIBE
Amendment 505 #
Proposal for a directive
Article 29 – paragraph 3 a (new)
3a. Where Member States have more extensive sanctions and measures in place than this Directive, the transposition of the Directive will not limit them in relation to Article 15, Article 16, Article 17, Article 18, Article 19 and Article 20.
2023/10/16
Committee: LIBE