Contents Speakers and chairs In 2011 the European Commission adopted the so-called ‘anti-corruption package’, a set of measures to address more vigorously the serious harm generated by corruption at economic, social and political levels. One year later, in March 2012, the new proposal for a Directive on freezing and confiscation was published. The conference will discuss these recent EU policy developments and legislative reforms and will present the results of a study commissioned by OLAF and to be published in March-April 2013 aimed at collecting information and developing methodologies to assist both the Commission and Member States' authorities with the implementation of the new EU anti-corruption policies. The study is intended to provide tools which may feed into the general anti-corruption review mechanism, improve the application of public procurement rules and promote implementation of the Commission’s anti-fraud strategy in the Member States. Presentations will be made by national, European and international experts. The role and contribution of OLAF will be outlined and concrete international and European cases presented. Kevin Aquilina, Professor of Media, Communications & Technology Law, Dean of the Faculty of Laws, University of Malta Key topics • • • • Recent European initiatives and major challenges in the fight against corruption Assisting Member States' authorities with the implementation of the new EU anti-corruption policies Developing a comprehensive methodology to measure the real costs of corruption in selected sectors of the economy Criminalising active and passive corruption carried out in the course of business activities Laviero Buono, Head of European Criminal Law, ERA, Trier Liviu Chirita, Head of Fraud Prevention at UniCredit Tiriac Bank S.A.; Chairman of the Antifraud Committee of the Romanian Banking Association, Bucharest Vania Cirese, Avvocato, Cirese Law Firm, Rome Jan Maarten de Vet, Director, Ecorys Brussels NV, Brussels Stefano Filletti, Filletti & Filletti Advocates, Valletta Philip Fitzgerald, Lawyer, Marseille Michael Hopmeier, Judge, Kingston Crown Court, London Rudy Hoskens, Partner, PwC Risk & Compliance, Brussels Lothar Kuhl, Head of Unit D.1, Policy Development, OLAF, European Commission, Brussels Michael Levi, Professor of Criminology, School of Social Sciences, Cardiff University Simon Marsh, Senior Investigations Expert, International Centre for Asset Recovery (ICAR), Basel Lech Paprzycki, President of the Supreme Court, Head of the Criminal Law Chamber, Warsaw Margarita Popova, Vice-President of Bulgaria, former Minister of Justice, Sofia Martin Priborsky, Policy Officer, Policy Development, OLAF, European Commission, Brussels Who should attend? Björn Rohde-Liebenau, Attorney, Mediator and Whistleblowing Ombudsman, RCC Risk Communication Concepts, Frankfurt Judges, prosecutors, national government officials, lawyers in private practice and policymakers. Laura Sanz-Levia, Administrator, Group of States against Corruption (GRECO), Council of Europe, Strasbourg Raluca Stefanuc, Administrator, Fight against Organised Crime, DG Home, European Commission, Brussels For further information: Annette Geibel Tel. +49 (0)651 937 37 321 Fax. +49 (0)651 937 37 773 E-mail: ageibel@era.int Online registration: www.era.int/?123463&en MAKING THE FIGHT AGAINST CORRUPTION IN THE EU MORE EFFECTIVE TOWARDS THE DEVELOPMENT OF NEW EVALUATION MECHANISMS St. Julians (Malta), 16-17 May 2013 Corinthia Hotel, St. George's Bay, St. Julians, STJ 3301 Language: English Organisers: ERA (Laviero Buono) in cooperation with the University of Malta (Criminal Law Department) / Maltese Association for European Criminal Law and for the Protection of the EU's Financial Interests This event has been co-financed by the European Commission (OLAF) under the Hercule II Programme Event number: 313RT08 Thursday, 16 May 2013 08:30 Arrival and registration of participants 09:00 Welcome and introduction I. Friday, 17 May 2013 III. 14:00 Chair: Lech Paprzycki 09:15 2011-2013: The Commission’s efforts to forge a comprehensive anti-corruption policy at EU level The Council of Europe’s Group of States against Corruption (GRECO): recent work and cooperation with the European Union Laura Sanz-Levia 10:15 Tackling corruption more effectively in the European Union: role and powers of OLAF 14:30 Discussion 11:15 Break II. ASSISTING MEMBER STATES' AUTHORITIES WITH THE IMPLEMENTATION OF THE NEW EU ANTI-CORRUPTION POLICIES Presentation of the main results of the Commission Study Jan Maarten de Vet / Rudy Hoskens Commentator: Martin Priborsky 12:45 Identifying innovative tools and mechanisms that are able to uncover irregularities in national and international corruption cases 15:00 Discussion 15:30 Break IV. WHAT MAKES THE FIGHT AGAINST CORRUPTION SO DIFFICULT IN PRACTICE? A VIEW FROM THE COALFACE Chair: Laviero Buono 16:00 The practitioner’s view in prosecuting and adjudicating corruption cases (including problems of mutual legal assistance) 16:45 Defence rights in corruption cases: on an equal footing with the prosecution? • Vania Cirese • Stefano Filletti 17:45 Discussion 18:30 End of first day and dinner (20:00) Liability of legal persons with regard to the bribery of a foreign public official and proposals to improve the current normative framework Philip Fitzgerald 09:30 Preventing corruption in the private sector: a banker’s perspective Liviu Chirita 10:00 Corporate compliance: who is setting the standards, why standard-setting may not be enough and why would anyone supersede the standard? Björn Rohde-Liebenau 10:30 Discussion 11:00 Break VI. CLOSING DEBATE Chair: Lothar Kuhl Michael Hopmeier Chair: Lothar Kuhl 11:45 09:00 Simon Marsh Lothar Kuhl 10:45 Improving cooperation between the national competent authorities and the European Union: sharing of information as key feature CRIMINALISING ACTIVE AND PASSIVE CORRUPTION CARRIED OUT IN THE COURSE OF BUSINESS ACTIVITIES Chair: Stefano Filletti Michael Levi Raluca Stefanuc 09:45 V. Chair: Martin Priborsky Kevin Aquilina & Laviero Buono RECENT INITIATIVES AND MAJOR CHALLENGES IN THE FIGHT AGAINST CORRUPTION TOWARDS THE DEVELOPMENT OF A COMPREHENSIVE METHODOLOGY TO MEASURE THE REAL COSTS OF CORRUPTION 11:30 Measuring the costs of corruption in the EU: what next? • Philip Fitzgerald • Michael Hopmeier • Martin Priborsky • Björn Rohde-Liebenau 12:30 Concluding remarks Margarita Popova Discussion and lunch (13:00) 13:00 End of conference and lunch