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Recommendation 2019 (2013) Final version

Corruption as a threat to the rule of law

Author(s): Parliamentary Assembly

Origin - Assembly debate on 26 June 2013 (23rd Sitting) (see Doc. 13228, report of the Committee on Legal Affairs and Human Rights, rapporteur: Ms Reps; and Doc.13247, opinion of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Mr Díaz Tejera). Text adopted by the Assembly on 26 June 2013 (23rd Sitting).

1. The Parliamentary Assembly, referring to its Resolution 1943 (2013) on corruption as a threat to the rule of law, stresses the paramount importance of strengthening the fight against corruption, which is a major threat to the rule of law.
2. For years, the Committee of Ministers and the Parliamentary Assembly have been demonstrating a strong political determination to fight corruption. Therefore, the Assembly recommends that the Committee of Ministers invite member and observer States of the Council of Europe to examine their existing legislation on the fight against corruption and its implementation, with a view to assessing its conformity with the guiding principles set out in Resolution 1943.
3. In order to respond effectively to today’s and tomorrow’s challenges, it also invites the Committee of Ministers to reassess and consolidate the Council of Europe strategy in the fight against corruption, which represents a core area and key strength of the Organisation, by:
3.1. taking stock of current achievements and pitfalls, clearly identifying priorities for action and measuring their implementation;
3.2. empowering relevant Council of Europe bodies such as the Group of States against Corruption (GRECO) to contribute to the effective implementation of the new strategy, by revising its mandate if need be;
3.3. mainstreaming anti-corruption in various Council of Europe activities and programmes, such as education for democratic citizenship, social cohesion, media and sport.
4. The Assembly asks the Committee of Ministers to consolidate further co-operation between the European Union and the Council of Europe in the fight against corruption, in particular by inviting the European Union to accede to the Criminal Law Convention on Corruption (ETS No. 173) and speeding up the negotiations on the participation of the European Union in GRECO, in order to contribute to more co-ordinated anti-corruption policies in Europe. Moreover, recalling its Opinion 284 (2013) on budgets and priorities of the Council of Europe for the biennium 2014-2015, the Assembly asks the Committee of Ministers to ensure that joint programmes are further developed, are based on a suitable and stable system of financing and include a parliamentary dimension.
5. It further recommends that the Committee of Ministers draw up a set of guidelines for codes of conduct and ethics for public officials, in conformity with the guiding principles set out in Recommendation 1908 (2010) on lobbying in a democratic society (European code of good conduct on lobbying).
6. It invites the Committee of Ministers to instruct the Secretary General of the Council of Europe to ensure that the training programmes implemented by Council of Europe bodies include curricula specifically dedicated to the fight against corruption.
7. Having regard to the growing need for a Europe-wide regulatory framework in respect of lobbying, the high level of expertise of the Council of Europe’s specialised bodies, the extensive studies already carried out and the solid data collected by them on lobbying, the Assembly invites the Committee of Ministers to launch a feasibility study on lobbying in the light of which further standard-setting work could be considered. This would be an excellent opportunity for the Council of Europe to take a leading role and gain in visibility as the guardian of human rights and democratic values.
8. Furthermore, the Assembly urges the Committee of Ministers to address a recommendation to the member States calling on them to implement without delay the recommendations of GRECO and the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL).