The scope of EU legal powers and development of the policy in the area of anti-corruption

Abstract

Similarly to other international organisations, the EU responded to the problem of corruption in the second half of the 1990s. It addressed corruption in its own characteristic way corresponding with its goals, its structure and, most importantly, its competences. This chapter provides a legal and historical context for the development of the EU policy, setting a useful background for a detailed discussion of the legislative and institutional framework against corruption in the next chapter. The chapter first outlines what the EU can possibly do to prevent and fight corruption within the Member States and what are the legal and political constraints of EU action. The anti-corruption acquis is complex from a legal point of view. The competences in the area of anticorruption are divided between Member States and the EU. In addition, combating corruption is a cross-pillar matter, regulated under both European Community (EC) and EU treaties. The chapter starts with an analysis of the available legal bases under the EC Treaty (also known as the ‘first pillar’) and explains that the Community has very limited legal powers with regard to preventing and combating corruption within the Member States. Next, the chapter discusses the competences under Title VI of the EU Treaty regulating police and judicial cooperation in criminal matters (also known as the ‘third pillar’) and argues that the action of the EU is restrained by political, rather than legal factors. The legislative and institutional framework under both Treaties was substantially amended by the Treaty of Lisbon.