THE STATE OF THE EUROPEAN UNION Towards a new legislative term

SITUATION OF THE RULE OF LAW IN THE EUROPEAN UNION. THE ANNUAL MECHANISM 41 Opening up a new path In any case, and within the limitations of the exercise, the maturation of this Rule of Law Mechanism has meant that European institutions, following EU meth- ods, have proposed new initiatives to defend the rule of law and the application of the recommendations adopt- ed in two of the four pillars on which the mechanism focuses, where the EU has competencies, demonstrat- ing the importance of the approach that actions speak louder than words. In the area of national anti-corruption frameworks and their efficacy both in preventing and combating cor- ruption (which is essential for citizens and business to have trust in the authorities), to ensure legal security, the Commission proposed an anti-corruption Directive on 3 May 2023, strengthening the European legal and institutional framework, and this proposal has now en- tered the legislative process. 13 This proposal modernises the European legal frame- work in three areas: – Prevention of corruption and creation of a culture of integrity, by conducting information and aware- ness-raising campaigns and developing research and education programmes to reduce risks (1); en- suring public sector accountability in line with the highest standards, imposing on Member States the obligation to adopt effective standards on open ac- cess to information of public interest, regarding the management of conflicts of interest in the public sector, the verification of assets of public servants, and regulating interaction between the public and private sectors (2); and creating bodies specialised in the fight against corruption, with adequate resources and training for the authorities responsible for pre- venting and combating corruption (3). – Encoding all the crimes and sanctions with regard to corruption, by harmonising definitions of crimes classified as corruption, including not just bribery 13 Proposed Directive on combating corruption, replacing the Frame- work Decision 2003/568/JAI of the Council and the convention on the fight against acts of corruption involving officers of the European Communities or the Member States of the European Union, modifying Directive (EU) 2017/1371 of the European Parliament and the Council. COM(2023) 234 final. but also embezzlement or improprer appropriation of funds, trafficking in influence, abuse of functions, obstruction of justice and illicit enrichment related to crimes of corruption(1); stiffening criminal sanctions on individuals and legal entities, and harmonising aggravating and attenuating circumstances (2). – Guaranteeing the effectiveness of the investigation and trial of corruption. Member States must ensure that the security forces and legal officers have ad- equate instruments to investigate corruption (1); and must ensure that privileges and immunity can be sus- pended during corruption investigations through an effective, transparent process, established by law and on a timely basis (2). Also relevant here are minimum standards on periods of prescription, so that there is sufficient time to bring crimes of corruption to trial. With respect to strengthening media freedom and pluralism, independence, security and access to informa- tion, and governance of the media; essential elements for the good health of our democracies, the Commis- sion proposed the European Media Freedom Law on 16 September 2022. 14 The Council recently adopted its common position, on 21 June 2023, and is currently negotiating its adoption with the European Parliament, under the ordinary legislative procedure, with comple- tion of this as one of the priorities of the current Spanish Presidency. This proposal constitutes a new set of rules and mechanisms to promote the pluralism and independ- ence of the media throughout the EU, in particular with respect to: – the protection of editorial independence; – firm measures to protect the rights of providers of media services, including the effective protection of employees and their families, and safeguards against the use of spy programs against the media, journal- ists and their families; – adequate, stable and transparent funding of public media services; – the obligation to evaluate the repercussions of con- centration in the media market on the pluralism and editorial independence of the media; 14 Proposal for a Regulation establishing a common framework for media services in the internal market. COM(2022) 457 final.