Skip to main content
European Commission logo
en
European Commission

EU legislation on anti-corruption

One tool to help anti-corruption efforts is ensuring a common high standard of legislation, either specifically on corruption, or incorporating anti-corruption provisions in other sectoral legislation.

The EU proposes new legislation and works to prevent corruption within the limits established by the Treaty on the Functioning of the European Union (TFEU).

  • The EU should ensure a high level of security, including through the prevention and combating of crime and the approximation of criminal laws (Article 67 TFEU).
  • Article 83 of TFEU designates corruption as a 'euro-crime' - a particularly serious crime with a cross-border dimension, by which the EU may in certain circumstances, adopt minimum rules in this area.
  • The legal basis for combating fraud and any other illegal activities affecting the EU’s financial interests is Article 325 TFEU, which tasks the EU itself and its Member States with the obligation to protect the EU’s budget.

Modernising the EU anti-corruption framework

In her 2022 State of the Union Speech, Commission President von der Leyen announced to update  the EU’s legislative framework on anti-corruption  to better prevent and fight corruption across the European Union in the future.

On 31 May 2026, Directive 2026/1021 on combatting corruption entered into force. The directive aims to set EU-wide standards, in order to address corruption more efficiently and effectively across the Union. 

The Directive harmonises the definition of corruption offences across Member States -  going beyond bribery covering misappropriation, trading in influence, and the unlawful exercise of public functions, as well as obstruction of justice and enrichment related to corruption offences. The minimum level of criminal penalties is also harmonised for both individuals and companies.

The Directive will  contribute to making investigations and the prosecution of corruption more effective. Member States will have to ensure that law enforcement and prosecutors have adequate investigative tools to fight corruption. In addition, the Directive sets minimum rules on limitation periods to ensure sufficient time to bring corruption offences to justice. The Directive also includes provisions aimed at strengthening preventive and integrity measures in Member States, for example with the adoption of national anti-corruption strategies.

Member States will now have two years – for some provisions three years – to transpose its provisions into national law. 

The Commission had originally presented its proposal in May 2023 in order to address a fragmented, pre-Lisbon Treaty legal framework.  

The Directive replaces the  1997 Convention on fighting corruption involving officials of the EU or officials of EU countries and the 2003 Council Framework Decision on combating corruption in the private sector, which criminalises both active and passive bribery, for all EU Member States with the exception of Denmark (which has an opt-out in Justice and Home Affairs matters and for whom these two instruments continue to apply)

The 2008 Council Decision 2008/852/JHA on a contact-point network against corruption remains into force

Legislation to protect the EU’s financial interests

Legislation on combating fraud, corruption and other illegal activities affecting the Union's financial interests is also a corner stone of the EU anti-corruption policy framework

  • The Directive on the fight against fraud to the Union’s financial interests by means of criminal law (Directive (EU) 2017/1371) establishes rules on the definition of criminal offences and sanctions with regard to combatting fraud, corruption and other illegal activities affecting the EU’s financial interests.
  • Based on the Regulation on a general regime of conditionality for the protection of the Union budget (Regulation (EU, Euratom) 2020/2092), the Commission can propose to the Council to impose budgetary measures on EU countries where breaches of the rule of law principles – including corruption - can affect, or seriously risk affecting the sound financial management of the EU budget.
  • Next to that is the establishment of the European Public Prosecutor's Office, which has a mandate to conduct criminal investigations and prosecute cross-border corruption cases (Council Regulation (EU) 2017/1939 of 12 October 2017, implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office).
  • The European Anti-Fraud Office (OLAF) conducts administrative investigations in line with Regulation (EU, Euratom) No 883/2013 to combat fraud, corruption and other illegal activities affecting the financial interests of the EU (see also Commission Decision 1999/352/EC, ECSC, Euratom establishing the European Anti-Fraud Office (OLAF)).

Sectoral legislation

The effective fight against corruption is facilitated by the EU rules on the prevention of money laundering and terrorist financing; public procurement; asset recovery and confiscation rules and whistleblowing.

  • The 6th Anti-Money Laundering Directive (AMLD) and the Regulation establishing the Authority for Anti-Money Laundering and countering the financing of terrorism (AMLA) are the most recent EU framework to prevent money laundering and terrorist financing
  • The Directive on combating money laundering by criminal law (EU) 2018/1673 sets minimum rules on the criminalisation of money laundering and sets out that corruption must be a predicate offence to money laundering.
  • The EU regulates in the field of asset recovery and confiscation to recover the proceeds of crime – including in cases of corruption. In particular, this includes Directive 2024/1260 on asset recovery and confiscation, which represents the most updated EU framework in these matters.
  • Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime, Council Decision 2007/845/JHA concerning cooperation between Asset Recovery Offices, Council Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property and Regulation (EU) 2018/1805 on the mutual recognition of freezing orders and confiscation orders continue to apply in some instances.
  • The EU’s Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law (‘the Whistleblowing Directive’) was adopted in 2019 with the aim to increase the detection of corruption and to better protect whistleblowers.
  • EU rules on public procurement aim to prevent corruption in tender procedures.
  • To fight tax evasion, a corruption-related crime, Directive (EU) 2010/24 provides for mutual assistance for the recovery of claims relating to taxes, duties and other measures. Directive (EU) 2011/16 in Administrative Cooperation in direct taxation provides for mutual assistance to combat tax evasion and tax avoidance, as well as measures to enhance corporate tax transparency.

Internal rules for EU institutions

The EU also applies strict rules on the prevention of corruption and transparency across its institutions. For this purpose, several rules and policies are in place: