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The preventive role of the judiciary in protecting the financial interest of the European Union.
A comparative analysis for improved performance
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2.
THE METHODOLOGY OF THE NATIONAL AND COMPARATIVE RESEARCH
2.1.
METHODOLOGY OF THE NATIONAL ASSESSMENTS
Four national case studies: Greece, Italy, Lithuania and Romania have been conducted in order to
support conclusions and recommendations at European level.
The methodology of the national assessments targeted four main areas of interest:
a.
The legal framework
based on desk research. The research has focused on the national legal
framework on anti-corruption for the private sector, the sanctions applied to these entities for
corruption crimes, money laundering, and other related crimes, as well as the national legal
framework that provides the option of exclusion from public procurement as accessory sanction,
besides the already common financial and criminal sanctions.
b.
The background statistical data on judicial practice
based on desk research and information
gathered using the freedom of information acts in the countries of interest (Greece, Italy, Lithuania
and Romania). The national juridical practices on criminal sanctions applied to legal persons for
corruption, money laundering, and other related offences have been taken into account, as well as
the application rate of the accessory sanction of exclusion from public procurement besides the
common financial and criminal sections for the previously mentioned offences.
c.
The opinions and input from judicial experts and other stakeholders
, based on a small survey or
focus groups, regarding the accessibility and adequacy of the exclusion system for administrative or
law enforcement agencies responsible for due diligence in protecting the financial interests of the
European Union and the exclusion system application in relation to the breach of fair competition
and the non-discrimination and presumption of innocence principles.
d.
Two case studies in each of the countries included in the assessment.
Based on data collected during the online or face to face questionnaires (interview) and desk research,
the researchers drafted conclusions and recommendations for improvement addressed to all categories
of stakeholders.
2.2.
METHODOLOGY OF THE COMPARATIVE RESEARCH
Based on the national assessments, a comparative research has been drafted on the following
criteria/themes:
The criminal liability of the legal person in the four cases assessed and in the context of the
comparative and international law;
Criminal penalties for legal persons and the exclusion, ban or prohibition from public
procurement as (accessory) criminal penalties;
Comparative statistical data on the judiciary and the practice regarding sanctions in the four
European countries;
The existing grounds for exception from a criminal conviction or sanction for the legal persons in
the four cases assessed;
Administrative sanctions of exclusion, ban or prohibition from public procurement in the
European context of Directive 2014/24/UE and in the four countries analysed;