NOTIZIARIO del 17 agosto 2003
internazionale civile sulla corruzione
del Consiglio d'Europa: l'Italia deve ancora apporre la
firma di ratifica
La legge civile per combattere la corruzione, stabilita come convenzione fra paesi europei ed aspiranti europei, dovrebbe entrare in vigore il primo novembre 2003, essendo stata aperta la sottoscrizione il 4 novembre 99. Condizione dell'entrata in vigore e' pero' che vi siano state apposte almeno 14 firme di ratifica, pena la nullita'.
La legge stabilisce in primo luogo i termini generali cui dovranno attenersi le leggi civili interne sulla corruzione in ciascuna nazione firmataria. In secondo luogo stabilisce regole internazionali, modalita' di collaborazione internazionale in tema di corruzione, metodi di monitoraggio comuni.
Fra i Paesi che l'hanno ratificata dopo averla sottoscritta non figura l'Italia, come si puo' vedere dal prospetto seguente.
Si notano fra i firmatari che hanno ratificato anche molti Paesi aspiranti all'ingresso nell'UE e che forse sono propensi alla collaborazione in materia anche per dimostrare la loro idoneita' al definitivo ingresso nell'Unione. Nonostante cio' si e' ancora ben lungi dal raccogliere le 14 firme necessarie per la ratifica e successiva applicazione.
By Bollettino Osservatorio
Civil Law Convention on Corruption Strasbourg, 4.XI.1999 Criminal Law Convention on Corruption (ETS 173)
The member States of the Council of Europe, the other States and the European Community, signatories hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Conscious of the importance of strengthening international co-operation in the fight against corruption; Emphasising that corruption represents a major threat to the rule of law, democracy and human rights, fairness and social justice, hinders economic development and endangers the proper and fair functioning of market economies; Recognising the adverse financial consequences of corruption to individuals, companies and States, as well as international institutions; Convinced of the importance for civil law to contribute to the fight against corruption, in particular by enabling persons who have suffered damage to receive fair compensation; Recalling the conclusions and resolutions of the 19th (Malta, 1994), 21st (Czech Republic, 1997) and 22nd (Moldova, 1999) Conferences of the European Ministers of Justice; Taking into account the Programme of Action against Corruption adopted by the Committee of Ministers in November 1996; Taking also into account the feasibility study on the drawing up of a convention on civil remedies for compensation for damage resulting from acts of corruption, approved by the Committee of Ministers in February 1997; Having regard to Resolution (97) 24 on the 20 Guiding Principles for the Fight against Corruption, adopted by the Committee of Ministers in November 1997, at its 101st Session, to Resolution (98) 7 authorising the adoption of the Partial and Enlarged Agreement establishing the "Group of States against Corruption (GRECO)", adopted by the Committee of Ministers in May 1998, at its 102nd Session, and to Resolution (99) 5 establishing the GRECO, adopted on 1st May 1999; Recalling the Final Declaration and the Action Plan adopted by the Heads of State and Government of the member States of the Council of Europe at their 2nd summit in Strasbourg, in October 1997, Have agreed as follows:
Chapter I Measures to be taken at national level
Article 1 Purpose Each Party shall provide in its internal law for effective remedies for persons who have suffered damage as a result of acts of corruption, to enable them to defend their rights and interests, including the possibility of obtaining compensation for damage.
Article 2 Definition of corruption For the purpose of this Convention, "corruption" means requesting, offering, giving or accepting, directly or indirectly, a bribe or any other undue advantage or prospect thereof, which distorts the proper performance of any duty or behaviour required of the recipient of the bribe, the undue advantage or the prospect thereof.
3 Compensation for damage
Article 4 Liability
Article 5 State responsibility Each Party shall provide in its internal law for appropriate procedures for persons who have suffered damage as a result of an act of corruption by its public officials in the exercise of their functions to claim for compensation from the State or, in the case of a non-state Party, from that Partys appropriate authorities.
Article 6 Contributory negligence Each Party shall provide in its internal law for the compensation to be reduced or disallowed having regard to all the circumstances, if the plaintiff has by his or her own fault contributed to the damage or to its aggravation.
Article 7 Limitation periods 1 Each Party shall provide in its internal law for proceedings for the recovery of damages to be subject to a limitation period of not less than three years from the day the person who has suffered damage became aware or should reasonably have been aware, that damage has occurred or that an act of corruption has taken place, and of the identity of the responsible person. However, such proceedings shall not be commenced after the end of a limitation period of not less than ten years from the date of the act of corruption. 2 The laws of the Parties regulating suspension or interruption of limitation periods shall, if appropriate, apply to the periods prescribed in paragraph 1.
Article 8 Validity of contracts 1 Each Party shall provide in its internal law for any contract or clause of a contract providing for corruption to be null and void. 2 Each Party shall provide in its internal law for the possibility for all parties to a contract whose consent has been undermined by an act of corruption to be able to apply to the court for the contract to be declared void, notwithstanding their right to claim for damages.
Article 9 Protection of employees Each Party shall provide in its internal law for appropriate protection against any unjustified sanction for employees who have reasonable grounds to suspect corruption and who report in good faith their suspicion to responsible persons or authorities.
Article 10 Accounts and audits 1 Each Party shall, in its internal law, take any necessary measures for the annual accounts of companies to be drawn up clearly and give a true and fair view of the company's financial position. 2 With a view to preventing acts of corruption, each Party shall provide in its internal law for auditors to confirm that the annual accounts present a true and fair view of the companys financial position.
Article 11 Acquisition of evidence Each Party shall provide in its internal law for effective procedures for the acquisition of evidence in civil proceedings arising from an act of corruption.
Article 12 Interim measures Each Party shall provide in its internal law for such court orders as are necessary to preserve the rights and interests of the parties during civil proceedings arising from an act of corruption.
Chapter II International co-operation and monitoring of implementation
Article 13 International co-operation The Parties shall co-operate effectively in matters relating to civil proceedings in cases of corruption, especially concerning the service of documents, obtaining evidence abroad, jurisdiction, recognition and enforcement of foreign judgements and litigation costs, in accordance with the provisions of relevant international instruments on international co-operation in civil and commercial matters to which they are Party, as well as with their internal law.
Article 14 Monitoring The Group of States against Corruption (GRECO) shall monitor the implementation of this Convention by the Parties.
Chapter III Final clauses
15 Signature and entry into force
16 Accession to the Convention
Article 17 Reservations No reservation may be made in respect of any provision of this Convention.
Article 18 Territorial application
19 Relationship to other instruments and agreements
Article 20 Amendments
21 Settlement of disputes
Article 23 Notification The Secretary General of the Council of Europe shall notify the member States of the Council and any other signatories and Parties to this Convention of: a any signature; b the deposit of any instrument of ratification, acceptance, approval or accession; c any date of entry into force of this Convention, in accordance with Articles 15 and 16; d any other act, notification or communication relating to this Convention. In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at Strasbourg, the 4th day of November 1999, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe.
The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, to the European Community, as well as to any State invited to accede to it.
I CONTENUTI DEL SITO POSSONO ESSERE PRELEVATI CITANDO E LINKANDO LA FONTE