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Assoc. Prof. Dr. Celina Nowak

Liability for Corruption in Poland in Light of the Commission Proposal for a New Directive on Corruption

The Devil is in the Details

25 January 2024 (updated 2 months, 1 week ago) // english

This article refers to the Polish anti-corruption law and the new European Commission proposal for a Directive on combating corruption. It aims at analysing the Polish provisions currently in force in light of the Commission proposal. Against the background of the anticipated new EU legal instruments, the author points out the most significant loopholes in Polish law hindering an effective fight against corruption. The analysis carried out in the article indicates, in particular, that there is a high need to modify the Polish legal framework as regards the liability of collective entities for offences. Compliance measures need to be adopted. In addition, the author advocates putting in place preventive measures and effectively penalizing corruption in the private sector in Poland.

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Bellingeri_Matilde_sw Matilde Bellingeri / Luppi_F_sw Federico Luppi

Combating Corruption in EU Legislation

An Analysis of Some Aspects of the Commission Proposal for the EU Anti-corruption Directive

25 January 2024 (updated 2 months, 1 week ago) // english

The anti-corruption package presented by the European Commission in May 2023 reaffirms the priority given to combating corruption crimes in the EU. In response to the current disharmony and fragmentation of national legal systems, the proposal for a new EU Directive on combating corruption calls for greater alignment at the European level. By applying the EU’s “non-exclusive” competence in criminal matters, serious corruption offenses will be countered on a shared basis, also in view of their potential cross-border dimension. The authors argue, however, that there are provisions in the proposed directive that raise serious doubts as to the adherence to the principle of proportionality, the tendency to largely equalize responses to corruption in the public and private sectors, and the preservation of basic principles of criminal law, such as legality and the degree of certainty required for offences.

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Lucia Zoli

The Amendment of the PIF Directive by the New Proposal for a Directive on Combating Corruption

18 January 2024 (updated 2 months, 1 week ago) // english

This article outlines the targeted amendment of the PIF Directive proposed in the Commission’s legislative initiative for a Directive on Combating Corruption, which was tabled in May 2023. The targeted amendment seeks to align the PIF Directive with the standards set out in said anti-corruption proposal. The areas of alignment are sanctions for natural and legal persons, aggravating and mitigating circumstances, and limitation periods. The amendment is designed to ensure respect for the principle of equivalence and effective protection of the EU’s financial interests, as laid down in Art. 325 of the Treaty on the Functioning of the European Union.

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Clementucci+sw Francesco Clementucci / Miekina_sw Adrianna Miekina

The Commission Proposal for a Directive on Combating Corruption

11 December 2023 (updated 2 months, 1 week ago) // english

This article sketches the legal background and institutional history that has led the EU Commission to propose a Directive on Combating Corruption. It outlines the role the future directive shall play in the context of other EU tools, including those belonging to the 2023 anti-corruption package. The article looks at the objectives of the proposed anti-corruption directive, which are threefold: (1) consolidating the existing anti-corruption rules into one single legal act; (2) building up an effective integrity system through awareness-raising campaigns as well as research and education programmes in order to mitigate incentives for corruption; (3) facilitating the effective investigation and prosecution of corruption cases by ensuring sufficient resources as regards staff and dedicated investigative tools. Lastly, the article explains the potential future impact of the envisaged directive on the national anti-corruption frameworks, both in terms of repression and prevention.

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Bachmaier_New2 Prof. Dr. Lorena Bachmaier

Mutual Admissibility of Evidence and Electronic Evidence in the EU

A New Try for European Minimum Rules in Criminal Proceedings?

2 November 2023 (updated 5 months, 2 weeks ago) // english

This article seeks to provide arguments in support of legislative action on mutual admissibility of evidence and electronic evidence in criminal proceedings at the EU level. To this end, it will first describe the status quo and then the main features of a corresponding proposal recently tabled by the European Law Institute. In the light of this proposal, the author explains why Member States should reconsider their traditional stance against any EU initiative on evidentiary rules in criminal proceedings. Ultimately, especially in this new digital era, the best solution to prevent the inadmissibility of cross-border evidence is to adopt a set of minimum rules.

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