The Civil Law Convention Against Corruption
This treaty entered into force on the first November 2003.
It is the first Convention which lays down rules so that persons who have
suffered damage though practices of corruption can defend their rights and even
obtain compensation. The Convention covers state liability for acts
committed by public officials, the validity of contracts, the protection of
employees who report corruption, the accuracy of accounts and international
co-operation. The Group of States against Corruption monitor whether the
contracting parties are abiding by theri international commitments.
Criminal Law Convention on Corruption
This is Council of
Europe Convention Number 173. It co-ordinates the criminalisation of a
large number of corrupt practices and includes articles on international
co-operation in the prosecution of corruption offences. It also, covers,
besides other subjects, the active and passive bribery of national and foreign
parliamentarians, of international civil servants, of domestic, foreign and
international judges, active and passive bribery in the private sector,
trading in influence, accounting offences, and the money-laundering
of proceeds from corruption offences. The Convention also requires
States to set up specialised anti-corruption bodies and to give protection to
persons collaborating with prosecuting authorities. The proceeds of corruption
must also be confiscated and States must provide mutual assistance and
information and, if there is a need, to extradite persons.
EU Procurement
Regulations
In 2014 the EU enacted a new
Public Contracts Directive (2014/24/EU).
These EU rules reinforce the value for money focus of the Government’s
procurement policy and in most cases require competition. The vfm requires ‘the best mix of quality and
effectiveness for the least outlay over the period of use of the goods or
services bought.’ This should be
achieved through competition. Contracting authorities are encouraged to break
contracts into lots to facilitate the participation of Small and Medium Size
enterprises. Poor performance under previous contracts is permitted as a ground
for exclusion. The full life cycle costing can be taken into account when
awarding contracts. The principles of non-discrimination, equal treatment,
transparency, mutual recognition and proportionality apply.