• Ex-post evaluations/fitness checks of existing legislation

The 1997 Convention on the fight against corruption involving public officials, covering bribery in the public sector, and Framework Decision 2003/568/JHA, covering bribery in the private sector, have not been subject to an ex-post evaluation.

The Commission has so far adopted two reports on the implementation of Directive (EU) 2017/1371. On 6 September 2021, the Commission adopted the first such report [Report from the Commission to the European Parliament and the Council on the implementation of Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law, Brussels, 6.9.2021, COM(2021) 536 final.], which outlines that all Member States bound by the Directive have transposed its main provisions, yet the transposition of the Directive still needs to be improved with regard to some other provisions. The report notes that some aspects of the definition of 'public official' have not been transposed into the legislation of about a half of the Member States. According to the report, an additional aspect 'breach of duties' is required in the definition of both active and passive corruption in several Member States. This additional aspect significantly narrows the scope of the Directive's definitions of corruption.