NEW ANTI-CORRUPTION DIRECTIVE APPROVED, WARNING OF THE RISK THAT AMNESTIES AND PARDONS FOR PUBLIC OFFICIALS “UNDERMINE PUBLIC TRUST”

On December 3, an agreement was reached between the European Parliament, the Council, and the Commission to approve the new European Union Anti-Corruption Directive. This text, for the first time, includes an explicit warning against the use of amnesties, pardons, privileges, or immunities that may unduly protect public officials who are under investigation or have been convicted of corruption.

The Directive stresses that such measures may undermine public trust and be incompatible with the European objectives of integrity and accountability.

The Member of the European Parliament from the People’s Party and Chair of the Committee on Civil Liberties, Justice and Home Affairs (LIBE), Javier Zarzalejos, welcomed the agreement and highlighted its political significance. “The European Union is sending a very clear message: there can be no spaces of impunity for corruption, especially when it involves public officials,” he stated, emphasizing that the Directive introduces clear limits on the abusive use of acts of clemency in the political sphere.

The final text establishes that Member States must ensure that privileges and immunities can be lifted through objective, impartial, effective, and transparent procedures. “Privileges or immunities cannot become an obstacle to the administration of justice; unduly protecting public officials destroys citizens’ trust in institutions,” Zarzalejos said, referring to one of the core elements of the agreement.

In addition, the new Directive requires Member States to inform Brussels of all pardons granted in connection with corruption offenses, creating, for the first time, a verifiable European transparency mechanism. For Zarzalejos, this obligation strengthens democratic oversight: “Amnesties or pardons are not prohibited, but clear limits are set when they affect accountability. Europe thus raises its level of scrutiny against any attempt at political shielding.” The agreement must now be formally ratified by the European Parliament and the Council of the EU in order to enter into force.