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Council of Europe

 

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.    
 

Contact Name

Permanent Commission Against Corruption
Chateau De La Ville
Archbishop Street
Valletta, VLT 2000
 
Telephone
(+356) 2567 4309 /
(+356) 2567 4310
Secretary - (+356) 7966 6028
 
Email