Democracy and the rule of law in the eu: anti-corruption framework
“Corruption is one of the greatest threats to our communities, to our national and European Union institutions. It erodes democracy, undermines trust in public institutions, and deprives our citizens of the opportunities and services they deserve. We want a corruptionfree Europe that tackles the phenomenon at all levels. Finally, we will have harmonised rules in place, enabling us to fight corruption efficiently.” Quote by Rapporteur Ramona Strugariu (Renew, RO), (EP, 2024).
The rule of law is a core value of the European Union (EU) and is explicitly recognized in Article 2 of the Treaty on the European Union. It also serves as a guiding principle for the EU’s external actions, as outlined in Article 21 of the Treaty. The strong connection between the rule of law and combating corruption was underscored in the EU’s first Rule of Law Report from 2020. In this report, the EU identified four main pillars of the rule of law framework: the judicial system, anti-corruption measures, media pluralism, and institutional checks and balances.
Corruption poses a serious threat to society, democracy, the economy, and individuals. By undermining institutions, it weakens their credibility and ability to deliver public services effectively. Corruption distorts market operations, worsens quality of life, and fosters the growth of organized crime, terrorism, and other security threats. While it impacts countries globally, regardless of their size or wealth, the effects are especially damaging in developing regions. Corruption erodes the efficiency of public spending, deepens social inequalities, and costs the EU economy an estimated €120 billion annually. Its repercussions undermine efforts worldwide to achieve good governance, economic prosperity, and the United Nations Sustainable Development Goals (EC – Press release, 2023).
The rule of law has consistently been highlighted as a key priority in major EU policy frameworks, such as the 2011 Agenda for Change and the 2017 Consensus for Development. Within these documents, the EU reaffirms its dedication to upholding and promoting the rule of law both domestically and through its foreign policies. This emphasis on the rule of law, and by extension anticorruption, is reflected in the EU’s external and internal engagements. However, in the current global climate marked by rising authoritarianism, reduced civic space, and the growing influence of populism, advancing rule of law and anti-corruption initiatives has become increasingly complex.
To adapt, the EU’s 2016 Global Strategy for its Foreign and Security Policy introduced the concept of « principled pragmatism, » acknowledging the necessity of balancing its idealistic objectives with a practical approach to prevailing international challenges. This raises questions about the effectiveness of the EU’s efforts to promote rule of law and anti-corruption abroad as well as internally. To evaluate its impact, the EU commissioned an external review of its support for rule of law and anti-corruption in partner countries from 2010 to 2021. This evaluation took a broad perspective, examining assistance to key state institutions, civil society organizations, and the broader application of rule of law principles beyond just justice and anti-corruption measures.
The push by Members of the European Parliament (MEPs) for stricter EU-wide measures and penalties is largely driven by the fallout from the « Qatargate » scandal. This high-profile corruption scandal, which emerged in late 2022, implicated several MEPs and involved significant sums of cash allegedly used by non-EU countries such as Qatar and Morocco to influence European policymaking. Prominent figures were arrested, and large sums of cash were seized in investigations across multiple countries. This scandal has exposed vulnerabilities in the EU’s anti-corruption framework and heightened concerns over foreign influence and integrity within EU institutions. In response, many MEPs are advocating for stricter measures to increase transparency and accountability in parliamentary operations. Proposals have included enhanced scrutiny over lobbying activities, stricter rules on conflicts of interest, and measures to curtail ex-MEPs’ lobbying activities. New rules will also enforce stricter financial disclosures and the imposition of harsher penalties for rule breaches. However, implementing comprehensive reforms has faced internal resistance, revealing divisions on the extent of necessary changes and raising questions about the European Parliament’s capacity to meaningfully combat such misconduct (Wax – Wheaton, 2023).
Study published by the Patriots for Europe Foundation