International newsletter of the HATVP – July-August 2024
On 24 July 2024, the European Commission published its fifth annual report on the rule of law, according to which 68% of last year’s recommendations have been implemented. The report finds that Member States and the European Union are overall better equipped to detect, prevent and respond to emerging challenges.
In July and August, the Council of Europe published several reports evaluating European countries in the fight against corruption.
EUROPEAN UNION
On 12 July 2024, the European Commission published a communication on the publication of information regarding occupational activities of senior officials after leaving their functions. It provides an overview of the activities carried out by former office-holders, who declared a total of 18 activities in the academic field (28%), think tanks and national or international administrations (17%), companies or consultancies, as well as law firms (11%). (European Commission, 12 July 2024)
On 24 July 2024, the European Commission published its fifth annual Rule of Law Report, according to which 68% of last year’s recommendations have been fully or partially implemented. The report covers four pillars: national justice systems, anti-corruption frameworks, media pluralism and other institutional checks-and balances. It assessed all EU countries, and for the first time included an assessment of the enlargement countries: Albania, Montenegro, Northern Macedonia and Serbia. Compared with the first edition of the Rule of Law Report adopted in 2020, Member States and the European Union as a whole are better equipped to detect, prevent and respond to emerging challenges. However, the report highlights the need for further measures to strengthen preventive anti-corruption frameworks, such as those governing lobbying and conflicts of interest, and rules on asset declarations. (European Commission, 24 July 2024)
The Ombudsman has opened an inquiry into how the European Commission applies rules meant to ensure transparency and participation in expert groups that provide the European Commission with specialised advice. (European Ombudsman, 1 July 2024)
INTERNATIONAL ORGANISATIONS
GRECO (Group of States against Corruption) published its 5th round Compliance Report on Serbia, which focuses on the prevention of corruption and the promotion of integrity within central governments (senior executive functions) and law enforcement agencies. The report highlights the adoption of an Integrity Plan for the Office of the President and a Code of Ethics for persons with top executive functions (PTEFs). It also highlights the improvement in controls of asset declarations, but deplores the absence of concrete measures to broaden the notion of “lobbying” to include all contacts with PTEFs. (Council of Europe, 4 July 2024)
GRECO published its 4th Round Addendum to the Second Compliance Report on Germany which deals with corruption prevention in respect of Members of Parliament, judges and prosecutors. GRECO welcomes the reform of the Lobbying Register Act and the strengthening of integrity rules in the Bundestag. (Council of Europe, 8 July 2024)
In its 5th round Evaluation Report, GRECO called on Georgia to adopt a specific strategy to prevent corruption within the executive branch, as no national anti-corruption strategy or action plan had been developed since 2020. GRECO also considers that further measures are needed to ensure that the newly established Anti-Corruption Bureau can adequately fulfill its role, including revising its legal framework in order to provide it with increased operational independence and to equip the Bureau with adequate financial and personnel resources to operate effectively. (Council of Europe, 9 July 2024)
GRECO published its 5th round Evaluation Report on the Principality of Monaco. GRECO recommends that ethical rules and the obligation to declare interests and assets be made applicable to the closest collaborators of ministers, the Secretary of State for Justice and the Prince’s advisors (Council of Europe, 24 July 2024)
GRECO published an addendum to the Second Compliance Report of the 5th round on Iceland. GRECO highlights the adoption of the lobbying guidelines as an adequate response to the need to promote transparency. (Council of Europe, 1 August 2024)
GRECO published its 5th Round Compliance Report on Montenegro, which welcomes the introduction of integrity checks for candidates to be appointed Chief of cabinet of the Prime Minister and advisors to the Prime Minister and Deputy Prime Ministers. However, GRECO considers that progress remains limited despite important legislative measures taken or under development. (Council of Europe, 8 August 2024)
GRECO published its 5th round compliance report on Italy. GRECO calls for determined measures to be taken to prevent corruption in Italy in respect of persons with top executive functions (PTEFs), including the President of the Council of Ministers, ministers, undersecretaries of State, extraordinary and special commissioners, members of the offices of direct collaboration, as well as members of the State Police, the Carabinieri and the Guardia di Finanza. The report highlights the complexity of the legal framework for preventing and combating corruption, particularly with regard to conflicts of interest and financial disclosure. (Council of Europe, 28 August 2024)
The OECD published its second survey on drivers of trust in public institutions across 30 OECD countries in 2023 and their evolution since 2021. In November 2023, in OECD countries, the proportion of the population with low or no trust in national government (44%) was higher than those with high or moderately high trust (39%). The greatest differences in trust levels are linked to people’s sense of having a say in defining public action, which is a key determinant of trust. (OECD, 10 July 2024)
In a report published on 13 August 2024, UN experts deployed to Venezuela to monitor the presidential elections found that the basic measures of transparency and integrity required for credible elections had not been respected. (BBC,14 August 2024)
GEOGRAPHICAL AREAS
UNITED STATES
On 29 July 2024, a New York court banned Wayne LaPierre, former director of the NRA, the American pro-gun lobby, from the association for 10 years. He had been fined $6.35 million in February for embezzling funds for personal gain. (Office of the New York State Attorney General, 29 July 2024)
Following his conviction on 16 July 2024 by the Manhattan Federal Criminal Court, which found him guilty of 16 counts of corruption, including using his political influence to benefit Egypt and Qatar, Democratic Senator Robert Menendez withdrew his candidacy for the Senate elections. (Le Monde, 17 August 2024)
The Constitutional Court ruled that the Parliament’s Code of Ethics complies with the Constitution. The drafting of this new Code of Ethics, the second after that of 2018, is in line with King Mohammed VI’s desire to reinforce the moralisation of the political scene. (Yabiladi, 9 August 2024)
ALGERIA
In a press release issued on 1 August 2024, the Independent National Elections Authority (ANIE) recalled the rules and legal provisions relating to sources of funding for election campaigns and the obligations to be met by each candidate in the presidential elections. (Algeria press service, August 1, 2024)
MOZAMBIQUE
Mozambique’s former Finance minister, Manuel Chang, has been found guilty by the US justice system of conspiracy in a case of massive fraud and money laundering. The case had revealed in 2016 illegal borrowing by Mozambique’s State-owned enterprises from international banks to buy a fleet of tuna fishing boats as well as surveillance vessels. (United States Attorney’s Office, 8 August 2024)
On 14 August 2024, Thailand’s judiciary removed its Prime Minister, accused of having breached ethical rules by appointing as minister a lawyer sentenced in 2008 to six months’ imprisonment in a corruption case. (Le Monde, 14 August 2024)
PHILIPPINES
The former Chairman of the Commission on Elections (COMELEC) of the Republic of the Philippines was indicted on 8 August 2024 in Florida for conspiracy to commit money laundering. He was suspected of accepting bribes from a company supplying voting machines during the 2016 presidential election. (United States Department of Justice, 9 August 2024)