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EU Grant Agreement Number: 290529 Project Acronym: ANTICORRP Project Title: Anti-Corruption Policies Revisited

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EU Grant Agreement Number: 290529 Project Acronym: ANTICORRP Project Title: Anti-Corruption Policies Revisited This project is co-funded by the Seventh Framework Programme for Research and Technological Development of the European Union EU Grant Agreement number: 290529 Project acronym: ANTICORRP Project title: Anti-Corruption Policies Revisited Work Package: WP 10, Monitoring anti-corruption legislation and enforcement in Europe Title of deliverable: D10.2 Report on the implementation, monitoring and enforcement D10.2.1: Domestic compliance with European norms of political financing across the EU Member States Due date of deliverable: 31 October 2015 Actual submission date: 20 December 2015 (Editors): Dia Anagnostou and Evangelia Psychogiopoulou (Contributors): Dia Anagnostou, Evangelia Psychogiopoulou (ELIEEP(ELIAMEP)); Mihály Fazekas (University of Cambridge, BCE) Alejandro Ferrando Gamir (BCE); Andrea Wagner (SAR); Salvatore Sberna (EUI); Eva Nanopoulos (King's College London, University of Cambridge) Organisation name of lead beneficiary for this deliverable: ELIEEP (ELIAMEP) Project co-funded by the European Commission within the Seventh Framework Programme Dissemination Level PU Public X PP Restricted to other programme participants (including the Commission RE Services)Restricted to a group specified by the consortium (including the Commission Co CServices)onfidential, only for members of the consortium (including the Commission Services) Table of Contents Work Package: WP 10, Monitoring anti-corruption legislation and enforcement in Europe _________________________________________________________________ 1 Table of Contents _____________________________________________________ 2 Executive Summary _______________________________________________________ 4 Domestic compliance with European norms of political financing across the EU Member States ______________________________________________________ 10 1. Introduction __________________________________________________________ 10 2. The contours of political financing and its regulation _________________________ 13 3. The GRECO monitoring mechanism _______________________________________ 16 4. Council of Europe rules and norms around political financing __________________ 20 5. Research methodology: coding and measuring compliance ____________________ 23 6. Overview of findings: compliance _________________________________________ 27 7. What factors influence compliance (or lack of it) and the implementation of the adopted laws and rules? __________________________________________________ 37 8. The nature and limits of European international monitoring over political financing 41 9. Further implications of findings __________________________________________ 42 Bibliography ____________________________________________________________ 46 ANNEX I: Assessment Questionnaire ________________________________________ 49 Implementing the EU Public Procurement Directives: Effectiveness of the European Commission and the Court of Justice of the European Union as anticorruption actors _____________________________________________________________ 55 1. Introduction __________________________________________________________ 55 2. Institutional framework ________________________________________________ 57 2.1 EU PP Directives ____________________________________________________________ 57 2.2 EU remedies system _________________________________________________________ 58 3. Conceptual frame _____________________________________________________ 61 3.1 Understanding corruption as restricted competition _______________________________ 61 3.2 Prior relevant literature ______________________________________________________ 62 3.3 Causal mechanism linking EU-level decisions to corruption risks ______________________ 65 3.4 Hypotheses to be tested ______________________________________________________ 66 4. Data and variables _____________________________________________________ 66 4.1 Public procurement data used _________________________________________________ 66 4.2 EC/CJEU decisions data _______________________________________________________ 67 4.2.1 Linking EC/CJEU decisions to public procurement data __________________________ 68 4.3 Indicators of corruption risk in public procurement ________________________________ 69 5. Methodology _________________________________________________________ 70 6. Results ______________________________________________________________ 70 2 6.1 Characteristics of contracts in markets with EC/CJEU decisions _______________________ 70 6.2 The impact of EC/CJEU decisions on corruption risks _______________________________ 72 7. Conclusions and further work ____________________________________________ 78 Bibliography ____________________________________________________________ 79 APPENDIX A: EC/CJEU decisions used for statistical analysis _____________________ 83 APPENDIX B: The corruption risk index ______________________________________ 84 Defining the corruption risk index _________________________________________________ 84 Validity of the Corruption Risk Index _______________________________________________ 86 Preparatory study on confiscation and recovery of criminal assets in the EU Member States ______________________________________________________ 90 1. Introduction __________________________________________________________ 90 1.1. Motivations, problem definition _______________________________________________ 90 1.2. Aims _____________________________________________________________________ 90 1.3. Structure _________________________________________________________________ 92 2. Methodology _________________________________________________________ 92 2.1 Legal mapping ______________________________________________________________ 92 2.2 Data and Limitations _________________________________________________________ 93 3. Theory and Definitions _________________________________________________ 94 3.1 Objectives _________________________________________________________________ 94 3.2 Typologies and Definitions ____________________________________________________ 95 3.2.1 Criminal Assets _________________________________________________________ 95 3.2.2. Regimes ______________________________________________________________ 97 3.2.3. Powers and Institutions __________________________________________________ 99 4. Legal Analysis ________________________________________________________ 101 4.1 Key international legal norms and accompanying legal instruments __________________ 101 4.1.1. United Nations ________________________________________________________ 101 4.1.2 Council of Europe ____________________________________________________ 105 4.1.3 EU Initiatives __________________________________________________________ 108 EU actions plans and strategies _____________________________________________ 109 EU Measures ____________________________________________________________ 111 Applicable Reports and Strategies ______________________________________________ 117 4.2. Description of legal mapping results ___________________________________________ 118 4.3. Discussion of mapping results ________________________________________________ 120 4.3.1 Comparing 2010 with 2015, what have we learned, what are the main trajectories _ 120 4.3.2 What are the main deficiencies remaining in the EU framework and in domestic transposition _______________________________________________________________ 125 Conclusions ___________________________________________________________ 128 Bibliography ___________________________________________________________ 130 APPENDIX _____________________________________________________________ 133 3 Executive Summary The ANTICORRP Project WP10 on “Monitoring anti-corruption legislation and enforcement in Europe” has the overall aim to study state compliance and implementation of international and European anti-corruption norms in the EU member states. It is specifically interested in exploring whether international and European norms have an independent influence in prompting EU member states to adopt and implement effective anti-corruption laws, policies and practices domestically. While their research design and methodology are different, the three studies that are contained in this deliverable explore this broader issue by focusing on three areas of law and policy: (a) political financing, (b) public procurement, and (c) the confiscation and recovery of proceeds of corruption. These three studies are based on primary empirical research and extensive data collection across all the EU-28. The empirical finding of these three studies provide a solid empirical basis for identifying patterns of variation of state compliance and implementation, whether cross-national, in each of the three issue and policy areas. They shall also enable us in the subsequent, comparative phase of the WP10 research to explore the factors that account for significant variation across sectors or states. In this regard, these studies conducted in the frame of the second phase of WP10 contribute to filling an important gap in existing academic and policy-relevant research: there is a dearth of studies that systematically examine whether and the extent to which international anti-corruption legislation influences state laws and policies, and whether governments comply with the respective norms. We also lack comparative studies that investigate the factors and conditions under which states comply and implement international norms and rules designed to fight against corruption. WP10 seeks to contribute to the broader and flourishing area of anti-corruption studies. It
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