32026L1021#rec_5Directive (EU) 2026/1021 of the European Parliament and of the Council

Recital (5)

Diverse manifestations of corruption necessitate a coordinated and harmonised approach among Member States to address its root causes and consequences effectively. To effectively tackle corruption, both preventive and repressive mechanisms are needed. Member States are encouraged to take a wide range of preventive, legislative and cooperative measures as part of the fight against corruption. Whereas corruption is first and foremost a crime and specific corruption offences and corruption-related offences are defined in national and international law, failings in integrity, undisclosed conflicts of interest or serious breaches of integrity rules can result in corruption offences if left unaddressed. The prevention of corruption mitigates the need for criminal repression and has wider benefits in promoting public trust and managing the conduct of public officials. Effective anti-corruption approaches in all Member States should build on measures to enhance transparency and integrity, including by regulating in areas such as conflict of interest, lobbying and revolving doors. Public bodies should seek the highest standards of integrity, transparency and freedom from undue influence as an important part of tackling corruption more broadly. A public service staffed with individuals with a high level of skills and integrity is a fundamental pillar for efficient, transparent and effective Member States that aim to eradicate corruption effectively. Enhancing transparency, efficiency and the use of objective criteria in the recruitment and promotion of public officials could help to achieve such staffing. As the private sector also plays a key role in preventing and detecting corruption, Member States can encourage the development and implementation of robust and effective compliance mechanisms within private companies. In order to ensure a common approach regarding the effectiveness of such compliance mechanisms, which could include a risk map, a code of conduct, third-party evaluation, and internal control and audit, Member States can cooperate in developing common guidelines.

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