Combating corruption in the private sector

 

SUMMARY OF:

Framework Decision 2003/568/JHA on combating corruption in the private sector

WHAT IS THE AIM OF THE DECISION?

KEY POINTS

Inclusion of the concept of corruption in national criminal law

Liability of legal and natural persons

Jurisdiction

Each EU country has jurisdiction if the offence has been committed:

The decision applies to Gibraltar.

This decision is affected by the judgment of the Court of Justice of the European Union in Case C-176/03 concerning the distribution of powers in criminal matters between the European Commission and the Council.

FROM WHEN DOES THE DECISION APPLY?

EU countries had to take the necessary measures to comply with the rules of the decision by 22 July 2005.

BACKGROUND

For more information, see:

KEY TERMS

Active corruption: giving bribes to a person to have them unlawfully accomplish an act within the exercise of their duties.
Passive corruption: taking bribes.
Legal persons: any entity having such status under the applicable national law, except for States or other public bodies acting in the exercise of State authority and for public international organisations.
Breach of duty: must be understood in accordance with national law. The concept of breach of duty in national law must cover as a minimum any disloyal behaviour constituting a breach of a statutory duty, or a breach of professional regulations.

MAIN DOCUMENT

Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, pp. 54-56)

RELATED DOCUMENTS

Report from the Commission to the European Parliament and the Council assessing the extent to which the Member States have taken the necessary measures in order to comply with Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (COM(2019) 355 final, 26.7.2019)

last update 18.02.2020