On the eve of crucial inter-institutional negotiations on the adoption of the new EU Anti-Corruption Directive, 57 civil society organizations from across Europe – including Transparency International – have sent an open letter calling for the strengthening of anti-corruption mechanisms.
One of the most essential elements of the upcoming anti-corruption directive concerns the criminal liability of legal persons, including companies and corporations, suspected of participating in corruption schemes.
According to the Executive Director of TI Bulgaria, Mr. Kalin Slavov, the proposal envisages the introduction of serious sanctions for businesses, including fines of up to 5% of turnover in case of proven involvement in corruption crimes. For Bulgaria, this would be an unprecedented commitment and a signal for a serious change in the approach to public-private sector relations.
"We are convinced that business's commitment to anti-corruption actions should be systematic, not symbolic. The directive provides a chance for this to become part of the new EU legal framework," Slavov pointed out.
At the same time, he expressed concern that Bulgarian business was not adequately included in the process of forming the national position. “We missed the opportunity for business to participate in the discussions and express its position in a timely manner – at the stage when the directive could have been shaped with real input from the member states,” he commented.
According to the European Commission’s annual report, 87% of companies in Bulgaria believe that corruption exists in the country, and 57% say that it hinders their development. Even more worrying, over 30% perceive it as a “necessary practice” for success – a worrying trend that the directive aims to address.
It is also envisaged to expand the procedural role of non-governmental organizations, which will be able to participate as parties in criminal proceedings - similar to France, Belgium and Portugal. This could contribute to increased pressure on institutions and bigger transparency in the investigation of corruption practices.
Businesses in the EU and especially in Bulgaria – will have to prepare for a new era of legal responsibility. The seriousness of the commitments that will result from the directive requires not only legal adaptation, but also a proactive position on the part of companies, business associations and institutions.
Please read the full text of the letter in Bulgarian български езикas well as the letter in its original неговия оригинал.
