The Business Crime Umbrella Working Group’s Corruption and Bribery sub-group proposes to prepare a concise follow-up position on the final EU Directive on combating corruption, building on the ECBA’s 2023 Statement issued during the legislative process. The purpose of this task is to assess whether the final text adequately responds to concerns previously raised by the defence community, particularly in relation to proportionality, procedural safeguards, corporate liability, and the practical protection of fundamental rights.
The proposed note would review the extent to which the final Directive introduces meaningful improvements, including references to compliance mechanisms and ne bis in idem, while also identifying structural weaknesses that remain unresolved. In particular, attention would be given to the continuing imbalance between expanded criminalisation and investigative powers on one hand, and insufficiently operationalised defence guarantees on the other.
The final output would be a short, authoritative position paper suitable for circulation within the working group and, subject to approval, for public release. It would reaffirm ECBA’s longstanding position that effective anti-corruption enforcement must be pursued in full respect of the rule of law, fair trial rights, and practical equality of arms.
Coordinators
Vladimir Hrle is a lawyer with 20 years of experience, recognised for his expertise in cross-border criminal defence, business crime, and international human rights law. He regularly acts in complex multi-jurisdictional matters, including extradition proceedings, corporate criminal liability, and cases involving international legal cooperation.
Amedeo Barletta, PhD, has over 20 years’ experience in complex criminal law cases, with multiple jurisdictions implications, advising companies and individuals.