Fight against corruption: EU Directive approved by the European Parliament

by Elisa Mazzucchelli

On 26 March 2026, the European Parliament gave its final approval to a new harmonized regulatory framework to fight corruption across the Union. This Directive replaces Council Framework Decision 2003/568/JHA and the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, and amends Directive (EU) 2017/1371 of the European Parliament and of the Council.

A common definition of criminal offences

For the first time, the EU establishes common definitions for a wide range of offences that all Member States must prosecute if committed intentionally:

  • Corruption in the public and private sectors: criminalization of both active and passive corruption.
  • Embezzlement and trading in influence: officials who misappropriate funds or promise improper influence over public decisions in exchange for benefits are punished.
  • Abuse of Functions: concerns serious breaches of the law committed by public officials to obtain undue advantages.
  • Enrichment through corruption and concealment: new offences to target public officials who acquire, hold or use assets knowing that they derive from corruption committed by another public official.
  • Obstruction of justice: violence, threats or incitement to perjury in corruption proceedings are punishable.
  • Concealment: punishes conduct involving the concealment or disguising of the true nature, origin or ownership of assets or rights derived from the commission of corruption offences.

Stricter and harmonized sanctions

The Directive introduces minimum levels for maximum prison sentences, ensuring that corruption does not find a ‘safe haven’ in more lenient jurisdictions. In addition to imprisonment, ancillary penalties are provided for, including both financial penalties and disqualifications, such as exclusion from public funding or a ban on holding public office.

Liability of legal persons

Member States must also ensure mechanisms for holding legal persons liable for the offences described in the Directive, providing for both financial penalties (the amount of which must be proportionate to the seriousness of the conduct and to the individual, financial and other circumstances of the legal person concerned) and penalties of a different nature proportionate to the seriousness of the conduct.

As regards financial penalties, the Directive requires Member States to take the necessary measures to ensure that the level of such penalties is not less than:

  • For offences of corruption and embezzlement: 5% of the legal person’s total worldwide turnover in the preceding financial year or, alternatively, an amount corresponding to €40,000,000;
  • For offences of illicit brokerage, obstruction of justice and enrichment through corruption: 3% of the legal person’s total worldwide turnover in the preceding financial year or, alternatively, an amount equivalent to €24,000,000.

Preventive measures

The new rules are not limited to the prosecution of corrupt practices, but also focus on prevention:

  • Information and awareness-raising campaigns: states must have appropriate measures in place to raise awareness among the public and the private sector regarding the impact and harmful effects of corruption, as well as organise up-to-date training for their officials and law enforcement and judicial authorities.
  • National strategies: adopted and published by Member States on the prevention and fight against corruption, these must set out objectives, priorities and measures to achieve those objectives.
  • Independent bodies: Member States must establish specialised units with adequate resources to prevent and prosecute offences.
  • Integrity standards: promotion of codes of conduct, rules on transparency, conflicts of interest and the so-called ‘revolving door’.

Whistleblower Protection: protection for those who report corruption is extended and strengthened, in accordance with existing EU standards.

Enhanced cooperation

The Directive provides for enhanced cooperation, information exchange and coordination between national authorities and EU bodies, including OLAF, the European Public Prosecutor’s Office, Europol and Eurojust.

Member States will also be required to publish comparable and accessible data annually, to improve transparency and evidence-based decision-making.

Next steps and transposition

The Directive must now be formally adopted by the Council. It will enter into force 20 days after its publication in the Official Journal of the EU.

Member States will have 24 months to transpose it (36 months for the provisions on risk assessment and national strategies).