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3 - The EU strategy against corruption within the Member States

Published online by Cambridge University Press:  03 May 2010

Patrycja Szarek-Mason
Affiliation:
University of Aberdeen
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Summary

It is in the EU's vital interest to ensure that all the Member States have in place effective policies for preventing and combating corruption. The premise of the EU legal system is that acquis is correctly implemented and enforced by public administration and courts in the Member States. However, widespread corruption within Member States constitutes a threat to the correct application of EU policies and effective implementation of the acquis. It carries particular dangers in the area of freedom, security and justice, where policy increasingly relies on mutual recognition and trust among Member States. The evidence of corruption in the police or in the courts has a destructive effect on that trust among Member States.

Corrupt practices undermine the legitimacy of judgments and arrest warrants issued by judicial authorities across Member States. In addition, criminal organisations and terrorists may use corruption to penetrate the structures of Member States and pursue their illicit goals. Above all, however, corruption undermines the principles of democracy and the rule of law, which as prescribed in Article 6 EU Treaty are fundamental to the functioning of the EU and common to all Member States. To prove its commitment to these principles, the EU must have a genuine policy addressing the problem of corruption within its Member States.

One other important reason for developing a more comprehensive policy against corruption across Member States is that corruption poses a danger for the regular distribution of EU funds. In particular, around 80 per cent of EU funds are under shared management by the Commission and the Member States.

Type
Chapter
Information
The European Union's Fight Against Corruption
The Evolving Policy Towards Member States and Candidate Countries
, pp. 89 - 134
Publisher: Cambridge University Press
Print publication year: 2010

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