Recitals
- Recital (1)Corruption remains a significant problem at Union level, threatening the stability and security of societies, including by enabling…
- Recital (2)Council Framework Decision 2003/568/JHA lays down requirements on the criminalisation of corruption concerning the private sector. The…
- Recital (3)The existing legal framework should be updated and strengthened to facilitate an effective fight against corruption across the Union. This…
- Recital (4)Corruption is a transnational phenomenon that affects all societies and economies. Measures adopted at national or Union level should…
- Recital (5)Diverse manifestations of corruption necessitate a coordinated and harmonised approach among Member States to address its root causes and…
- Recital (6)While this Directive fully respects all relevant provisions of national constitutions, constitutional principles and laws, it is emphasised…
- Recital (7)Without prejudice to their institutional and administrative autonomy, Member States should have in place bodies or organisational units…
- Recital (8)In order to raise citizens’ awareness of the scope, characteristics and effects of corruption, it should be possible to undertake various…
- Recital (9)The Union is a party to the United Nations Convention Against Corruption (UNCAC), which is the most comprehensive international legal…
- Recital (10)Taking account of the evolution of corruption threats, the legal obligations of the Union and Member States under international law, and…
- Recital (11)To avoid impunity for corruption offences in the public sector, the scope of application of this Directive should be well defined. First,…
- Recital (12)High-level officials should be understood as persons who exercise key executive, administrative, legislative or judicial functions. Such…
- Recital (13)It is necessary to strengthen the legal framework to combat bribery and to ensure that law enforcement and prosecution authorities are…
- Recital (14)Conduct in breach of professional duties by directors or workers of private-sector entities in the course of economic, financial or…
- Recital (15)In order to ensure that public officials do not intentionally damage the financial interests of the public or private entity concerned by…
- Recital (16)The exertion of influence over public decision-makers with a view to obtaining an undue advantage can seriously hamper the proper…
- Recital (17)The unlawful exercise of public functions risks undermining public trust, the rule of law and economic fairness and can cause serious harm…
- Recital (18)The obstruction of justice is a criminal offence committed in support of corruption, among other offences. This is acknowledged in Member…
- Recital (19)Corruption is driven by the pursuit of undue economic and other advantages. In order to reduce the incentive for individuals and criminal…
- Recital (20)Member States should adopt measures to define as a punishable criminal offence the intentional concealment or disguising of the true…
- Recital (21)Illegal political financing can be a means of inducing decision-makers to take decisions which might be in the interest of the financer.…
- Recital (22)The criminal offence of enrichment from corruption offences should cover the conduct of a public official who acquires, possesses or uses…
- Recital (23)In order to deter corruption throughout the Union, Member States should lay down minimum types and levels of criminal and non-criminal…
- Recital (24)This Directive should not affect the proper and effective application of disciplinary measures or penalties other than those of a criminal…
- Recital (25)Member States are encouraged to enable their competent authorities to impose, in addition or as an alternative to imprisonment, penalties…
- Recital (26)In order to enhance the criminal justice response to offences concerning corruption and to deter the commission of those offences, the…
- Recital (27)Legal persons should not be able to avoid responsibility by using intermediaries, including related legal persons, to offer, promise or…
- Recital (28)While there is no obligation to increase sentences, Member States should ensure that the judge or the court is able to take into account…
- Recital (29)Member States should ensure that the judge or the court is able to take into account the mitigating circumstances set out in this…
- Recital (30)Members of parliament and other public officials can have immunity or legal protection from investigation or prosecution, which helps…
- Recital (31)Without prejudice to the set-up of their national judicial systems, discretionary powers under national law not to prosecute persons for…
- Recital (32)This Directive is without prejudice to the general rules and principles of national criminal law on the application and execution of…
- Recital (33)Given, in particular, the mobility of certain perpetrators and proceeds stemming from criminal activities, as well as the complex…
- Recital (34)In order to ensure that the competent authorities have sufficient time to conduct complex investigations and prosecutions, this Directive…
- Recital (35)Corruption offences can be difficult to identify and investigate, as they mostly occur covertly. Thus, a significant proportion of…
- Recital (36)Persons reporting information to competent authorities concerning past, ongoing or planned instances of corruption, having acquired such…
- Recital (37)Since the general public is negatively affected by corruption offences and cannot generally represent itself as a victim in criminal…
- Recital (38)This Directive requires Member States to adopt and publish a national strategy on preventing and combatting corruption. Member States are…
- Recital (39)Independent civil society organisations are crucial for the proper functioning of democracy, and play a key role in upholding the common…
- Recital (40)Media pluralism and media freedom are key enablers for the rule of law, democratic accountability, equality and the fight against…
- Recital (41)To effectively address the criminal offences defined in this Directive, it is necessary that competent authorities in the Member States…
- Recital (42)To combat corruption effectively, the efficient exchange of information between competent authorities responsible for the prevention,…
- Recital (43)Corruption is a cross-cutting concern, and vulnerabilities, as well as the most appropriate way of tackling them, differ from sector to…
- Recital (44)To provide for an equivalent level of protection between the Union’s and the national financial interests, the provisions of Directive (EU)…
- Recital (45)The implementation of this Directive should ensure a level of protection of the Union’s financial interests which is equivalent to the…
- Recital (46)Since the objectives of this Directive, namely to establish common minimal rules concerning the definitions of criminal offences in the…
- Recital (47)The intended dissuasive effect of the application of criminal law penalties requires particular caution with regard to fundamental rights.…
- Recital (48)In accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council the European Data Protection…
- Recital (49)In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom,…
- Recital (50)In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the TEU and to the TF EU, Denmark is not taking…
Text as published in the Official Journal; for the authentic version, see EUR-Lex.
