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Cambridge Studies in European Law and Policy : The European Union's Fight Against Corruption: The Evolving Policy Towards Member States and Candidate Countries - Patrycja Szarek-Mason

Cambridge Studies in European Law and Policy

The European Union's Fight Against Corruption: The Evolving Policy Towards Member States and Candidate Countries

Hardcover Published: 31st March 2010
ISBN: 9780521113571
Number Of Pages: 318

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The fight against corruption emerged as one of the most significant issues during the 2004 enlargement of the EU and gained even more importance with the accession of Romania and Bulgaria in 2007. In order to prepare candidate countries for membership, the EU found it necessary to create new institutions and mechanisms to address corruption. Patrycja Szarek-Mason traces the development of the EU anti-corruption framework, showing how recent enlargements transformed EU policy and highlighting inequities between the treatment of candidate countries and existing Member States. The experience gained during the 2004 enlargement led to a more robust anti-corruption stance during the accession of Bulgaria and Romania and will have implications for future enlargements of the EU. However, the framework can still be strengthened to address corruption adequately and promote higher standards among Member States, especially through greater use of 'soft law' in the form of mutually agreed, non-legally binding policy recommendations.

Table of casesp. viii
Acronyms and abbreviationsp. ix
List of tables and figuresp. x
Introductionp. 1
Corruption: concept, importance and international responsep. 5
The EU's definition of corruptionp. 6
Case study: corruption in the Central and Eastern European countriesp. 11
The prevalence of corruption in the post-communist countriesp. 11
Causes of corruptionp. 16
The importance of combating corruptionp. 19
Corruption as an international policy problemp. 21
The contextp. 21
Evolution of international cooperationp. 23
The importance of international cooperationp. 33
Monitoring mechanismsp. 34
Conclusionp. 40
The scope of EU legal powers and development of the policy in the area of anti-corruptionp. 43
The legal bases in the area of anti-corruption policyp. 44
The EC Treatyp. 47
The EU Treatyp. 56
The development of the EU policy against corruptionp. 69
Phase One: the fight against corruption in the context of the protection of the Communities' financial interestsp. 73
Phase Two: beyond the protection of the Communities' financial interestsp. 82
Phase Three: a comprehensive policy against corruptionp. 83
Conclusionp. 87
The EU strategy against corruption within the Member Statesp. 89
EU legislative and institutional frameworkp. 92
The first pillar measuresp. 92
The third pillar measuresp. 98
The anti-corruption dimension of EU anti-money laundering legislationp. 116
Monitoring mechanismsp. 122
Cooperation with international organisationsp. 130
Conclusionp. 87
Conditionality in the EU accession processp. 135
The general conditions of accessionp. 138
The requirements of the 2004 enlargementp. 139
The Copenhagen criteriap. 139
Combating corruption as a membership conditionp. 143
The pre-accession strategy and its instrumentsp. 145
The Europe Agreementsp. 146
The 1997 Opinionsp. 148
The Regular Reportsp. 150
Accession Partnerships and the National Programmes for the Adoption of the Acquisp. 150
Impact of conditionality on domestic policies of the Central Eastern European countriesp. 152
Conclusionp. 155
The EU's evaluation of corruption in the Central and Eastern European candidate countriesp. 157
The importance of evaluationp. 158
The pre-accession institutions and mechanisms of evaluationp. 160
Evaluation within the Commissionp. 161
Evaluation within the Councilp. 168
Conclusion: assessmentp. 178
The EU anti-corruption strategy towards the Central and Eastern European candidate countries: achievement or missed opportunity?p. 182
The EU anti-corruption standards for the candidate countriesp. 185
Formal requirements of the acquisp. 186
Anti-corruption standards beyond the acquisp. 188
Technical and financial assistance as a policy transfer instrumentp. 199
The EU programmesp. 199
Joint programmes with the OECD and the Council of Europep. 204
The impact of EU accession on the anti-corruption policiesp. 206
Case study: Polandp. 208
Conclusionp. 214
The impact of 2004 enlargement on the EU anti-corruption policyp. 218
The reinforcement of the EU strategy towards Bulgaria and Romaniap. 221
The extension of anti-corruption policy to external relations of the EUp. 238
Potential candidate countriesp. 239
European Neighbourhood Policyp. 242
The anti-corruption policy after the 2004 enlargementp. 245
Possible developmentsp. 250
Arguments for a closer cooperation with the Council of Europep. 253
The case for a separate EU anti-corruption frameworkp. 257
Conclusionp. 262
Conclusionp. 265
p. 271
p. 273
Bibliographyp. 275
Indexp. 296
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ISBN: 9780521113571
ISBN-10: 0521113571
Series: Cambridge Studies in European Law and Policy
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 318
Published: 31st March 2010
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 23.6 x 15.7  x 1.8
Weight (kg): 0.61