International newsletter of the HATVP – May-June 2024
European Union – In May 2024, several European Union (EU) countries, including France, Germany and Poland, took a stand against disinformation by publishing a declaration and proposals aimed at protecting EU candidate countries. The Council of the EU also adopted its position on an anti-corruption directive aimed at unifying the rules for combating corruption in the public and private sectors. Additionally, the creation of a European ethics body was acted to strengthen integrity and transparency within EU institutions.
International – The Council of Europe’s Group of States against Corruption (GRECO) published various reports on corruption and transparency within the executive, notably in Lithuania and Switzerland, highlighting both progress and shortcomings in the implementation of its recommendations.
France – A new law aimed at preventing foreign interference was adopted by the Parliament on 5 June 2024. It should now be promulgated by the President of the Republic.
EUROPEAN UNION
On 21 May 2024, in the margins of the General Affairs Council (GAC), France, Germany and Poland, together with 12 other countries, published a declaration to set out a common position in the fight against disinformation and foreign interference. These countries have also published a list of 20 proposals that include EU candidate countries, which are prime targets for disinformation. The strategy to combat this trend should focus on Ukraine, the Western Balkans, Moldova and Georgia, which are affected by EU enlargement and whose public opinion is vulnerable to disinformation. The protection of electoral processes was also raised at the GAC. (German Federal Foreign Office, 22 May 2024)
On 14 June 2024, the Council of the European Union adopted its position on the draft anti-corruption directive. For the first time, this text brings together a single legal act dictating the rules relating to corruption in the public and private sectors. There are currently three texts relating to corruption: a 2003 text dealing with corruption in the private sector, a 1997 convention regarding corruption of European officials or those of EU Member States, and a 2017 directive on offences affecting the Union’s financial interests. Harmonising the fight against corruption would make it more effective. Penalties would also be harmonised. However, each Member State has jurisdiction over offences committed on its territory. The Council of the EU must now negotiate with the European Parliament (which adopted its position in February 2024) to agree on a common final version. (Council of the EU, 14 June 2024)
On 15 May 2024, several European Union institutions, including the Parliament, the Council and the Commission, signed an agreement to create a European ethics body. This inter-institutional body will be responsible for defining and promoting common minimum ethical standards for the members of these institutions and advisory bodies. The aim is to strengthen integrity, transparency and public trust in the Union’s political, legislative and administrative work. The agreement also provides for mechanisms to ensure compliance with these standards, increased inter-institutional cooperation and the possibility for other EU bodies to join this initiative on a voluntary basis. The framework and operating principles of this body will pay particular attention to the independence and diversity of the experts who will assist the body. (European Commission, 15 May 2024)
An investigation carried out by several European media highlighted the parallel activities of some MEPs, which sometimes seem incompatible with their office due to a possible conflict of interest. A report by Transparency International in May 2024 also revealed the origin of MEPs’ secondary income. Out of 705 MPs, 452 declared that they had an activity in parallel with their mandate. These activities vary, but were often linked to private companies, some of which are listed in the EU’s register of interest representatives. These overlapping interests are found in many of the European countries represented. However, many of the MEPs interviewed denied that their parallel activities had any influence on their office. The question raised in the survey was based on the tension between the need for expertise in certain parliamentary committees and the over-representation of certain professions in these committees. To date, only one elected member has acknowledged a potential conflict of interest out of around 800 declarations of interest (Transparency International EU, 6 May 2024).
In the context of the mobility of a former director of the European Commission’s competition department to an American law firm, the European Ombudsman asked the institution to publish the restrictions to which he was subject. The fact that the law firm was in charge of communicating the official’s mobility may have given the impression that the law firm was anticipating a major advantage thanks to the official’s knowledge. Added to the fact that the official’s professional experience was communicated by the law firm and not by the Commission, this would underlie a desire for opacity on the part of the Commission, according to the Ombudsman. She therefore recommends that civil servants who have moved to the private sector make public the restrictions to which they are subject in order to guarantee a degree of transparency. (European Ombudsman, 22 May 2024)
INTERNATIONAL ORGANISATIONS
On 14 May 2024, GRECO published the first compliance report of the 5th evaluation round on Lithuania regarding the prevention of corruption and the promotion of integrity within central governments and law enforcement agencies. GRECO notes that of the 17 recommendations made previously, 4 have been « satisfactorily » implemented, 7 have been « partially » implemented and 6 have not been implemented. In GRECO’s view, further progress needs to be made, particularly with regard to the rules on gifts and benefits to persons occupying senior executive positions. GRECO also recommends setting up an independent body with powers of sanction, and clearly defined sanctions, in order to be able to conduct investigations into breaches of probity by these persons. Lastly, GRECO stresses the progress that needs to be made within law enforcement agencies, in particular through the creation of a centralised mechanism to harmonise measures to prevent conflicts of interest. (Council of Europe, 14 May 2024)
The publication of GRECO’s 2023 annual report shows how slow it has been to implement some of the recommendations made to States during the various evaluation cycles. In particular, GRECO considers that it is necessary to introduce more regulations concerning links between lobbyists and public officials. GRECO also considers it necessary to improve law enforcement services so that cases are dealt with in the same way at every level of the hierarchy. The fight against foreign interference is one of the key issues in this context. However, progress has been made by the Member States, notably with the introduction of codes of conduct for people in senior executive positions. For the States evaluated in the 5th evaluation cycle, 58% of the recommendations had been partially or fully implemented by 31 December 2023. As far as law enforcement is concerned, 67% of the recommendations have been fully or partially implemented. The recommendations concerning parliamentarians have been implemented the least, with 20% not implemented. GRECO celebrates its 25th anniversary in 2024. (Council of Europe, 30 May 2024)
On 19 June 2024 in Vilnius, the Secretary General of the Council of Europe, Marija Pejčinović Burić, opened the 21st International Anti-Corruption Conference. The theme of the conference was « Defending integrity in the face of global threats ». A number of commitments were made, including the protection of whistle-blowers, the links between corruption and environmental damage, and the need for a coercive response to corruption crimes. Finally, the use of technology and the strengthening of the capacity of anti-corruption agencies were highlighted as essential to an effective fight against corruption. (Council of Europe, 21 June 2024)
NETWORKS
For the first time, the Francophone Network for Parliamentary Ethics and Deontology will be awarding a research grant to a graduate student. The aim of the fellowship is to support research in French on topics related to parliamentary ethics and deontology. The application period for this fellowship will run from 13 June to 13 September 2024. The recipient will be invited to present his/her work at the Network’s Annual General Meeting. (Réseau francophone d’éthique et de déontologie parlementaires, 11 June 2023)
GEOGRAPHICAL AREAS
FRANCE
On 5 June 2024, the French National Assembly definitively adopted the law aimed at preventing foreign interference in France. A number of parliamentary reports highlighting certain weaknesses in the French system for dealing with foreign interference led to the drafting of this law. The law has a number of objectives. Firstly, it aims to create a register in which persons acting on behalf of a foreign principal will be recorded. The activities covered by this register are those whose purpose is to influence public decisions or the conduct of public policy. Diplomatic staff, however, will be exempt from registration. The text also strengthens the control of mobility between the private and public sectors by the Haute Autorité pour la transparence de la vie publique (High Authority for the Transparency of Public Life) by including the risk of foreign influence for a period of five years. The text also provides for the possibility of intelligence services using algorithms to detect potential foreign connections. In addition, the possibility of freezing financial assets, which is usually used in terrorism cases, could be introduced. Finally, an aggravating circumstance will be added to the Criminal Code when an attack on property or persons is committed on behalf of a foreign power or entity. The text is currently being examined by the Constitutional Council since the 10 June 2024. (Le Monde, 10 June 2024)
On 18 June 2024, Monaco’s municipal council announced its intention to set up an ethics commission to prevent conflicts of interest, apply ethical principles to elected representatives and monitor declarations of assets. In doing so, the Monegasque municipal council is responding to a GRECO recommendation. Monaco City Council has emphasised that an ethics committee must be set up before 2025 in accordance with the aforementioned recommendations (Monaco Voice, 20 June 2024).
Rached Ghannouchi, the leader of the Islamo-conservative party Ennahda, has been sentenced to 3 years in prison for accepting foreign funding. His son-in-law, Rafik Abdelassem, was also sentenced. Mr Ghannouchi has been in prison since April 2023 for inciting hatred. The Ennahda party was fined €900,000. The Ennahda party is one of the main opponents of the current president, Kais Saied (Al Jazeera, 18 May 2024).
At the beginning of July 2024, the law on foreign influence was definitively adopted by the Georgian Parliament after overcoming the veto of the pro-European president. According to opponents of the ruling Georgian Dream party, the law was largely inspired by a similar law passed in Russia in 2012. The EU and NATO have both condemned the adoption of this law, which obliges all NGOs or media receiving more than 20% of funding from abroad to register as an organisation « promoting the interests of a foreign power ». This law has been heavily criticised for threatening Georgia’s rapprochement with the EU, even though 80% of the population is in favour of it. (Le Monde, 29 May 2024)
FIJI
On 9 May 2024, the former Prime Minister of Fiji, Frank Bainimarama, was sentenced to one year in prison for corruption. Mr Bainimarama remained in power between 2006 and 2022 following a coup d’état. According to the investigation, he tried to use his influence to prevent a police investigation during his term of office. (Al Jazeera, 9 May 2024)