• Legal basis

The legal bases for this proposal are Articles 83(1), 83(2) and 82(1)(d) TFEU.

Article 83(1) TFEU identifies corruption as one of the crimes with a particular cross-border dimension. It enables the European Parliament and the Council to establish the necessary minimum rules on the definition of corruption by means of directives adopted in accordance with the ordinary legislative procedure.

There is no single definition of corruption as corruption exists in different forms involving different participants. Indeed, corruption is an endemic phenomenon that takes multiple shapes and forms across all facets of society, for example bribery, embezzlement, trading in influence, trading of information, abuse of functions and illicit enrichment [Cost of Non-Europe Report Stepping up the EU's efforts to tackle corruption, EPRS | European Parliamentary Research Service, Meenakshi Fernandes and Lenka Jančová, 2023, p. 15.].

During the negotiations of UNCAC, United Nations States Parties carefully considered whether to develop a legal definition of corruption. It was concluded that any attempt at a comprehensive definition would inevitably fail to address some forms of corruption. As a consequence, the international community reached consensus on certain manifestations of corruption while leaving each State free to go beyond the minimum standards set forth in UNCAC [UNODC, Safeguarding against Corruption in Major Public Events Facilitator's Guide, p. 30.].

Article 83(2) TFEU is the legal basis on which Directive (EU) 2017/1371, which is amended by the proposed Directive, was adopted. It sets out the EU's competence to establish minimum rules with regard to the definition of criminal offences and sanctions in EU policy areas which have been subject to harmonisation measures, if this is essential to ensure the effective implementation of such policy areas.