Commissioner Michael McGrath, answering a parliamentary question from ECR MEP Mariusz Kamiński, outlined the state of play on EU anti-corruption legislation, pointing to a forthcoming directive that will replace the 2003 Framework Decision on combating corruption in the private sector. McGrath stressed that the new directive, on which a provisional interinstitutional agreement was reached on 2 December 2025 and formally endorsed by the European Parliament on 26 March 2026, will modernise and harmonise rules across Member States, including on jurisdiction.
McGrath's answer comes in response to Kamiński's question about implementation of the 23-year-old Framework Decision, which requires Member States to establish jurisdiction over corruption offences committed by private entities based in the EU. The MEP had also asked about the EU's credibility in fighting corruption and kleptocracy, referencing Parliament's January 2026 report on the common foreign and security policy.
Concrete data on implementation
according to a Commission report, 16 Member States had decided not to apply certain jurisdiction rules when the offence was committed by one of their nationals or for the benefit of a legal person with its head office in their territory. Those Member States are Bulgaria, Denmark, Germany, Greece, Ireland, France, Italy, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Finland, and Sweden. Additionally, in Denmark, France, and Finland, a dual criminality requirement applies, subject to further conditions.
The Commissioner noted that the Commission has not identified additional notifications from Member States invoking exemptions under Article 7(4) of the Decision. He directed the MEP to the EUR-Lex database for a full overview of transposition and to a dedicated Commission report from 2019.
New directive and sanctions regime
McGrath emphasised that the new anti-corruption directive, once in force, will give Member States two years to transpose its provisions, and the Commission will closely monitor compliance. The directive replaces the 2003 Framework Decision for participating Member States.
On the proposed global anti-corruption sanctions regime, McGrath acknowledged that the Council has not yet reached consensus. However, he noted that several country-specific sanctions regimes (for Lebanon, Guatemala, Moldova, and Haiti) already allow targeting corruption, and the Council has adopted sanctions based on those criteria.
Policy orientation and follow-up
The answer signals the Commission's preference for a harmonised, modernised legal framework over the patchwork implementation of the 2003 Decision. The directive's adoption is expected to proceed after the Parliament's formal endorsement, with transposition deadlines likely in 2028. The fate of the broader sanctions regime remains uncertain, pending Council unanimity.
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