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The fight against corruption Key points · Corruption is a direct threat to Council of Europe values, namely democracy, human rights and the rule of law. It imperils good governance and proper operation of the justice system, for example, but also distorts competition and may be an obstacle to economic development. · It is practically impossible to quantify the total cost of corruption because under-the-counter payments are obviously unknown (they were to some extent known until the tax deductibility of corruption-linked expenses was abolished following anti-corruption efforts by the international community in the 1990s). Nevertheless, the World Bank Institute estimated in 2004 that over US$1,000 billion is spent each year on bribes worldwide. · According to the Global Corruption Barometer 2009 published by Transparency International which covers 69 countries, the dominant perception among the population is that political parties and public administration are particularly at risk and that governments are not sufficiently effective in their fight against corruption. The public also appears to be showing increasing concern over corruption in the private sector. · The Council of Europe fights corruption at three levels: - by setting standards through conventions and recommendations, the most important of which are the Criminal Law Convention on Corruption and the Civil Law Convention on Corruption; - by monitoring observance of these standards through the Group of States against Corruption (GRECO). This body assesses the implementation of standards by its member States by means of questionnaires, on-site visits and reports. GRECO is currently evaluating the transparency of political party funding and the criminalisation of corruption; - technical co-operation programmes with states aimed at helping them bring their laws and practices into line with the anti-corruption standards. Questions and Answers What is corruption? Article 2 of the Civil Law Convention on Corruption defines it as “requesting, offering, giving or accepting, directly or indirectly, a bribe or any other undue advantage or prospect thereof, which distorts the proper performance of any duty or behaviour required of the recipient of the bribe, the undue advantage or the prospect thereof". What are the aims of the Criminal Law Convention on Corruption? This is an ambitious international treaty designed to criminalise in a co-ordinated manner a wide range of acts of corruption, in particular: · active and passive bribery of national, but also foreign, public officials · active and passive bribery of national and foreign members of Parliament, and members of international parliamentary assemblies · active and passive bribery in the private sector The convention also aims at improving international co-operation speed up or permit proceedings against bribe givers and bribe takers. It was opened for signature by both member and non-member States of the Council of Europe in 1999. It came into force in 2002. To date, 40 Council of Europe member States and Belarus have ratified the Convention. An Additional Protocol adopted in 2003 extends the scope of the Convention to include national and foreign arbitrators and jurors. And the aims of the Civil Law Convention on Corruption? The convention lays down for the first time at international level common rules on the civil law aspects of corruption, particularly as regards compensation for damage, liability, contributory negligence, validity of contracts and protection of employees who report acts of corruption. The convention also deals with the quality of financial and accounting information (clear and true annual accounts and audits ). The Convention came into force on 1 November 2003. To date, it has been ratified by 32 Council of Europe member States and by Belarus. Are there any other Council of Europe texts aimed at fighting corruption? In 1997, the Committee of Ministers adopted the Twenty Guiding Principles for the fight against corruption: these are basic standards for the establishment of ambitious multidisciplinary anti-corruption policies covering corruption in its various forms and manifestations. These principles were the inspiration for subsequent instruments of the Council of Europe in this field. In addition to the three treaties already mentioned, the Committee of Ministers of the Council of Europe has adopted two important recommendations, one in 2000 proposing that governments adopt national Codes of conduct for public officials on the basis of a model code, and another in 2003 on the adoption of Common rules against corruption in the funding of political parties and electoral campaigns. Finally, texts adopted in other fields of Council of Europe activity cover specific aspects which are likewise crucial in the fight against corruption; for example, the Convention on laundering, search seizure and confiscation of the proceeds from crime, which entered into force in 1993. It covers the setting up of national systems for dealing with the proceeds of various types of crime and for facilitating international co-operation and mutual assistance in this field. What is GRECO? The Group of States against Corruption (GRECO) was established in 1999 under the aegis of the Council of Europe to ensure that member States comply with the anti-corruption standards adopted by the Organisation. The ultimate objective is to improve the capacity of states to fight this pernicious form of crime which harms the values defended by the Council of Europe. GRECO helps to identify shortcomings in national anti-corruption policies and encourages member States to carry out the necessary legislative, institutional and practical reforms. As a result, it also constitutes a forum for the exchange of experience and best practice, for example with regard to the prevention and detection of corruption. Who are the members of GRECO? GRECO is structured as an enlarged partial agreement. This means that not all Council of Europe member States are necessarily members of GRECO and that non member states can join it. GRECO now has 48 member States (the 47 Council of Europe member states plus the United States of America). Furthermore, any state that becomes a Party to the Criminal Law or Civil Law Convention on Corruption automatically becomes a member of GRECO and is subject to its evaluation procedures. In addition, certain international organisations such as the Organisation for Economic Co-operation and Development (OECD) and the United Nations have observer status. How does GRECO operate? GRECO, which is composed of representatives of member States, evaluates all its members on an equal footing through a process of mutual evaluation and peer pressure. Its monitoring work comprises two phases. The initial phase is the mutual evaluation procedure, in which a team of experts responsible for evaluating a pre-selected member State is appointed by GRECO. An analysis of the national situation is performed on the basis of replies to a questionnaire and of information collected at on-site meetings with representatives of national institutions and civil society. After the evaluation visit, the expert team draws up a draft report which, following comments from the State evaluated, is submitted to GRECO for examination and adoption. The conclusions of evaluation reports may state that legislation and practice meet - or do not meet – the standards contained in the provisions of the texts examined. The conclusions are usually followed by recommendations requiring action by the State within the following 18 months (e.g. amendments to legislation, institutional measures, awareness and guidance measures, etc). In the second phase, 18 months after adoption of the evaluation report, the compliance procedure involves an assessment of the measures taken by GRECO members to implement the recommendations, on the basis of a situation report submitted by the evaluated State. GRECO examines these reports and decides whether the member has complied or not with the recommendations. If the evaluated State has not complied with all the recommendations, the situation is reviewed after an additional 18 months. What are the topics covered by GRECO evaluations? In view of the extent of the topics to be addressed, GRECO works within evaluation rounds devoted to specific themes. To date, it has launched three rounds: The first round (2000-2002) evaluated two distinct themes, namely the independence, means and specialisation of national bodies involved in the prevention and fight against corruption, and the extent and scope of immunities which could stand in the way of prosecution. The second round (2003-2006) covered three fields: identification, seizure and confiscation of the proceeds of corruption; existing measures in public administrations relating to the status of public officials (e.g. audit and internal controls, rotation of staff, management of conflicts of interest); and finally, measures to ensure the transparency of legal entities and prevention of the use of such entities as shields to hide acts of corruption. The third evaluation round was launched in 2007 and concerns two distinct themes: · criminalisation under the Criminal Law Convention on Corruption and its Additional Protocol, in particular the definition of corruption offences in the law of member States, sanctions, judicial decisions and case law, limitation periods and means of defence; · transparency of political party funding. GRECO analyses the rules on the transparency of annual and electoral campaign accounts (in particular. rules on income and expenditure, scope of accounting requirements, inclusion of bodies associated with parties, publication of accounts) but also the system for general monitoring of the funding and accounts of political parties and candidates, as well as penalties for violation of national rules. Are the reports public? The information collected by GRECO in the course of its evaluations as well as the evaluation and compliance reports are confidential. However, once adopted, the reports are regularly made public with the consent of the countries concerned. For more information and the text of adopted reports: www.coe.int/greco Contact: Council of Europe Press Service Tel. +33 (0) 388 41 25 60 Updated: August 2010 |
