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The EU Comprehensive Anti-Corruption Policy

The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

An EU policy against corruption

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Combating and preventing corruption is an integral part


of the European Unions internal and external policies:
Internal: priority in respect of the existing Member
States and also representing a key aspect of the
acquis for the accession countries;
External: priority in respect of the European Unions
approach to international relations.

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

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Relevant requirements for EU membership


Copenhagen criteria

What is under scrutiny from an acquis point of


view?
Chapter 23 Judiciary and Fundamental
Rights/
Anti-corruption policy
Chapter 24 Justice, Freedom and Security

http://ec.europa.eu/justice_home/doc_centre/intro/doc
s/jha_acquis_1008_en.pdf
European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

EC Main Policy statements

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Communication on a comprehensive EU Policy


against Corruption COM (2003) 317-final
Communication: The Hague Programme: Ten
priorities for the next five years COM(2005) 184 final
Annex 1 The Hague Programme" - European
Council of 4-5 November 2004
Action Plan implementing the Hague Programme
Commission Staff Working Document on the links
between organised crime and corruption SEC
(2008) 196

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

Communication from the Commission to the Council, the


European Parliament and the European Economic and
Social Committee - On a comprehensive EU policy against
corruption (COM(2003) 317 final) - Approved by the JHA
Council on 14 April 2005

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Main aspects at external level


inclusion of ten general principles into the national anticorruption strategies of EU, acceding and candidate countries
as well as other EU partners
insertion of anti-corruption clauses into cooperation
agreements and external aid programmes
European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

COM(2003) 317 final


A single anti-corruption unit or body; training and
specialisation in this area

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Implementation of the comprehensive anti-corruption


strategies
Each candidate country or co-operation partner should
ideally subscribe to these principles, and integrate them
into their national political, legal and administrative systems.

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

COM(2003) 317 final


Annex
Ten principles for improving the fight against corruption
in acceding, candidate and other third countries
Comprehensive framework addressing issues within both the
public and the private sectors

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Encompassed as such in negotiation Chapter 23 (anticorruption measures)

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

COM(2003) 317 final


Annex
Ten principles for improving the fight against corruption
in acceding, candidate and other third countries

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1. National anti-corruption strategies or programmes, covering


both preventive and repressive measures, should be drawn up
and implemented. These strategies should be subject to broad
consultation at all levels.
Pre-requisites: Cross party consensus, de-politicizing the anticorruption policy, research on corruption and a minimum (transfer) of
know how on strategic planning, consultation of civil society.
European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

COM(2003) 317 final


Annex
Ten principles for improving the fight against corruption
in acceding, candidate and other third countries

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2. Current and future EU Members shall fully align with the EU


acquis and ratify and implement all main international anticorruption instruments they are party to (UN, Council of
Europe and OECD Conventions)
Pre-requisites: genuine political will

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

COM(2003) 317 final


Annex
Ten principles for improving the fight against corruption
in acceding, candidate and other third countries
3. Implementation of anti-corruption laws by competent and
visible anti-corruption bodies

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Pre-requisites: First option to focus on making existing


institutions and mechanisms work rather than creating new
ones.

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

COM(2003) 317 final


Annex
Ten principles for improving the fight against corruption
in acceding, candidate and other third countries

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4. Access to public office must be open to every citizen.


Recruitment and promotion should be regulated by objective
and merit-based criteria. Salaries and social rights must be
adequate. Civil servants should be required to disclose their
assets. Sensitive posts should be subject to rotation.
Pre-requisites: clear related legislation; transparency in the
public sector.
European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

COM(2003) 317 final


Annex
Ten principles for improving the fight against corruption
in acceding, candidate and other third countries

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5. Integrity, accountability and transparency in public


administration should be raised through employing quality
management tools and auditing and monitoring standards [...]
Increased transparency is important in view of developing
confidence between the citizens and public administration.
Pre-requisite: consensus rather than top-down imposition,
public consultations.

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

COM(2003) 317 final


Annex
Ten principles for improving the fight against corruption
in acceding, candidate and other third countries
6. Codes of conduct in the public sector should be established
and monitored.

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Pre-requisite: consensus rather than top-down imposition.


Role of the civil society (including the press).

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

COM(2003) 317 final


Annex
Ten principles for improving the fight against corruption
in acceding, candidate and other third countries
7. Clear rules should be established in both the public and
private sector on whistle blowing and reporting.

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Pre-requisites: public consultation, monitoring mechanism of


effective protection of whistleblowers.

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

COM(2003) 317 final


Annex
Ten principles for improving the fight against corruption
in acceding, candidate and other third countries

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in an
area of
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8. Public intolerance of corruption should be increased,


through awareness-raising campaigns in the media and
training []
Civil society has an important role to play in preventing and
fighting the problem.
Pre-requisites: grass roots approach, role of pilot projects,
social trust.

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

COM(2003) 317 final


Annex
Ten principles for improving the fight against corruption
in acceding, candidate and other third countries

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area of
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9. Clear and transparent rules on party financing, and external


financial control of political parties, should be introduced to
avoid covert links between politicians and (illicit) business
interests.

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

COM(2003) 317 final


Annex
Ten principles for improving the fight against corruption
in acceding, candidate and other third countries

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10. Incentives should be developed for the private sector to


refrain from corrupt practices such as codes of conduct or
white lists for integer companies

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

Council Decision 2008/852/JHA on a contact-point


network against corruption

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Network of contact points of MS + Commission + Europol


+ Eurojust

MS Authorities / agencies competent in preventing or


combating corruption (min 1 max 3 for each MS)

Tasks:
Forum for exchange of information
Facilitates contacts between its members

Connexion with EPAC (European Partners against


Corruption).
European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

Conclusions
Once the anticorruption campaigns reach their aim of raising
awareness on corruption as a problem, sustainability of the
message and the implementation phase has to be ensured

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Associated risk: Saturation point of the public,


expectations and immediate spectacular results not met

European Commission

Directorate-General Justice, Freedom and Security

high

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

Conclusions
The success of an anti-corruption policy is not necessarily
linked to the magnitude of the financial resources put in
place by the EC and/or other international donors

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Associated risks: overlap of financial resources, that do not


match the energy and time available in a given country
Potential solution: donors coordination mechanisms, pilot
testing of solutions at local level

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

Conclusions
There are no tailor made solutions, but only minimum
standards and good practices that match the particular
circumstances/context of a given country

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Associated risk: import of institutions that fail to subsist the


time/post-accession test; saturation point of the public
(accession fatigue), high expectations and immediate
spectacular results not met

European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy

The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

Conclusions
EU accession represents an incentive driven approach
accompanied by the threat of (severe) sanctions
Associated risk: once EU membership is acquired, reforms
could at best stall if not regress

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Possible solution: to involve from the beginning all key


stakeholders (civil society) so that changes brought by an EU
accession driven anti-corruption policy are also rooted in non
governmental levels
European Commission

Directorate-General Justice, Freedom and Security

The EU Comprehensive Anti-Corruption Policy


The Role of Civil Society in Combating Corruption, Brussels 26-29 Jan 2009

Thank you!
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Questions?
European Commission

Directorate-General Justice, Freedom and Security