29 Amendments of Nuno MELO related to 2023/0135(COD)
Amendment 139 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Combating corruption is essential for strengthening the quality of democracy and for the full realization of the Rule of Law. It is considered fundamental, for a good anti-corruption strategy, to act upstream of the phenomenon, preventing the existence of contexts that generate corrupt practices.
Amendment 143 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Diverse manifestations of corruption necessitate a coordinated and harmonized approach among Member States to address its root causes and consequences effectively.
Amendment 146 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) These phenomena strike at the heart of democracy, wounding it in its fundamental principles, namely those of equality, transparency, integrity, impartiality, legality, and fair redistribution of wealth. They have profoundly harmful economic effects, such as increased public spending, through interventions devoid of real interest, benefiting private individuals, deterring investors, and distorting competition rules.
Amendment 151 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Raising citizens' awareness about the scope, characteristics, and effects of corruption requires the design of campaigns that, in accessible language, warn about daily improper behaviors associated with corruption phenomena, thereby helping better detection of them, while also promoting their rejection. This approach is also essential for shaping more demanding, attentive, and less tolerant citizens to corrupt behavior.
Amendment 158 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) A Public Administration made up of agents with high ethical standards is a key condition for reducing corruption risks. Regardless of the type of public service entry exams, subsequent training, in all sectors of the administration, should incorporate content with a strong focus on probity and corruption prevention.
Amendment 162 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) State services must assess corruption and bribery risks associated with their type of activity, the nature of the services they provide, and the context in which these services are provided. For this purpose, they will have to draft prevention or risk management plans, in which services or acts most susceptible to bribery, exploitation or diversion of funds, and personal favoritism or favoritism towards third parties are identified, as well as measures to reduce risks and ways to react to illicit practices.
Amendment 163 #
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) Associated with the drafting of prevention or risk management programs is the creation of codes of ethics or conduct, which succinctly, objectively, and clearly describe the expected behaviors of all workers. These instruments must be simple, easily understood by their intended recipients, and adapted to the specificities of the respective activity. To achieve these results, it is recommended to involve all stakeholders in the drafting process.
Amendment 184 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Whereas public procurement, as a key interface between the public and private sectors, is inherently susceptible to corrupt practices, given the significant financial interests at stake and the complexity of procurement processes. Recognizing that these vulnerabilities can lead to inefficiencies, misallocation of public resources, and a loss of public trust in governmental institutions, robust measures are needed to enhance transparency, oversight, and accountability in public procurement processes. This includes establishing clear guidelines, promoting digital solutions for traceability, ensuring rigorous auditing mechanisms, and providing platforms for whistleblower protections and public scrutiny.
Amendment 206 #
1. ‘prevention of corruption’ refers to the proactive identification, detection and elimination of the causes of and conditions for corruption, through development and implementation of a system of appropriatecomprehensive system of measures, as well as deterrence against corruption-related acts.
Amendment 226 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘legal person’ means any entity recognized as having legal personality under the applicable national law, except for States or public bodies in the exercise of State authority and for public international organisations.
Amendment 251 #
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 254 #
Proposal for a directive
Article 3 – paragraph 3 – indent 1 (new)
Article 3 – paragraph 3 – indent 1 (new)
– elimination of administrative barriers and regulatory complexity that hinder timely decision-making on citizens' requests and condition their access to information and the decision-making process;
Amendment 255 #
Proposal for a directive
Article 3 – paragraph 3 – indent 2 (new)
Article 3 – paragraph 3 – indent 2 (new)
– effective rules for the disclosure and management of conflicts of interests in the public sector.
Amendment 256 #
Proposal for a directive
Article 3 – paragraph 3 – indent 3 (new)
Article 3 – paragraph 3 – indent 3 (new)
– an open access to information of public interest;
Amendment 257 #
Proposal for a directive
Article 3 – paragraph 3 – indent 4 (new)
Article 3 – paragraph 3 – indent 4 (new)
– an anticorruption strategy and action plan drafted with the participation of competent authorities and civil society
Amendment 265 #
Proposal for a directive
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. Member States shall adopt comprehensive and up-to-dateperiodically reviewed measures to prevent corruption in both the public and private sectors, adapttailored to the specific risks of an area of activity. Such measures shall at least include actions to strengthen integrity and to prevent opportunities for corruption among:
Amendment 275 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – point b
Article 3 – paragraph 5 – subparagraph 2 – point b
(b) develop plans to address the main risks in the sectors identifiedrevention or risk management plans, in which services or acts most susceptible to bribery, exploitation or diversion of funds and personal favoritism or favoritism towards third parties are identified, as well as measures to reduce risks and ways to react to illicit practices.
Amendment 284 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Where appropriate, Member States shall takeadopt measures to promote the participation of civil society, non- governmental organizations and community-based organizations in anti- corruption activities.
Amendment 314 #
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 detection, investigation, prosecution or adjudication of the criminal offences referred to in this Directive are consistently and proactively 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 321 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Each Member State shall take the necessary measures to ensure adequate resources for and the provision of specialisdelivery of dedicated anti-corruption training. This training should be conducted at regular intervals for its members of law enforcement, the judiciary and the staff of authorities tasked with criminal investigations and proceedings of offences falling within the scope of this Directive.
Amendment 354 #
Proposal for a directive
Article 11 – paragraph 1 – point 1
Article 11 – paragraph 1 – point 1
1. the performance of or failure to perform an act, in violation of laws, by a public official in the exercise of his functions for the purpose of obtaining an undue advantage of any nature for that official or for a third party;
Amendment 357 #
Proposal for a directive
Article 11 – paragraph 1 – point 2
Article 11 – paragraph 1 – point 2
2. the performance of or failure to perform an act, in breach of duties, by a person who in any capacity directs or works for a private-sector entity in the course of economic, financial, business or commercial activities for the purpose of obtaining an undue advantage of any nature for that person or for a third party.
Amendment 358 #
Proposal for a directive
Article 12 – paragraph 1 – point 1
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, conceal, destroy, or alter documents or evidence, 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 14;
Amendment 368 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
the unauthorized access to, alteration, deletion, or tampering with digital evidence, electronic records, or any other digital data relevant to an investigation or judicial proceeding concerning any of the offences referred to in Article 7 to 11, 13, and 14;
Amendment 369 #
Proposal for a directive
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
The act of deliberately influencing, pressuring, or coercing witnesses, experts, or any involved parties to abstain from participating, communicating, or cooperating with judicial authorities concerning any of the offences referred to in Article 7 to 11, 13, and 14
Amendment 374 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall take the necessary measures to ensure that the intentional acquisition, possession or use by a public official of property that that official knows is derived from the commission of any of the offences set out in Articles 7 to 12 and 14, is punishable as a criminal offence,. This is applicable irrespective of whether thate official was directly involved in the commission of that offence.
Amendment 389 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article15a Prohibition of pardons and amnesties Member States shall take the necessary measures to prohibit any pardon for the benefit of those who have been held liable for any of the criminal offences referred to in Articles 7 to 14 and to prohibit any amnesty for any of the criminal offences referred to in Articles 7 to 14.
Amendment 446 #
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
To ensure the effective use of these tools, Member States shall promote and facilitate the continuous training and skill development of personnel responsible for combating corruption. This shall include familiarising them with new and emerging corruption tactics, and the corresponding investigative techniques.
Amendment 450 #
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article23a Considering the evolving nature of corruption and the increasing use of digital platforms, Member States shall ensure the availability of digital investigative tools and capabilities, including but not limited to digital forensics, cybersecurity resources, and encrypted communication interception, in line with the respect for fundamental rights and data protection regulations.