European anti-corruption regulation and its implementation in the Central Europe: on the case of Poland

Authors

Keywords:

Anti-corruption law, Central Corruption Bureau, Anti-corruption report, Transparency International, Law and Justice, GCECO

Abstract

The article examines the implementation of the European Union anti-corruption regulations in its member states of Central Europe, in particular, in Poland. Nowadays, Poland is one of the most economically developed states of Central Europe. Its role as the growing leader on the scene of Europe attracts the attention of many political scientists. Even though Poland is on its way growth and prosperity, it is challenged with the remaining elements of all post-communist states. Corruption is one of the main challenging factors for such countries. The purpose of the article is to fi nd out what are the anti-corruption European law implemented in Poland and its efficiency. It also refers to the real mechanisms for the corruption fi ght. In terms of action mechanism in the fi ght with corruption, it includes several institutions. In addition to the police and the Public Prosecutor’s Offi ce or other law enforcement agencies (for instance, secret services), the Polish legal system has a specifi c institution aimed for investigating corruption – The Central Anticorruption Bureau (CBA). The CBA has its specifi c tools to detect corruption among public officials and legal entities to gather evidence for criminal cases. The article tries to fi nd out the influence of European pressure on the national fi ght against corruption. It shows the todays scope of corruption in the state and its challenging effect on the modern European legal framework. Moreover, it tries to fi nd the answer if the change of government infl uence the increasing transparency in Polish political life. Finally, the article concludes Poland’s perspectives to become a real future leader of Central Europe in terms of its anti-corruption efforts and transparency

Author Biography

  • М. С. Міщук, «KROK» University

    Honoured lawyer of Ukraine, Candidate of Juridical Sciences (Ph.D.), Associate Professor of the department of State and Legal Disciplines.

References

Batory, A. (2018), “Corruption in East Central Europe: has EU membership helped?”, Handbook on the geographies of Corruption, pp. 169-182.

CBOS (2017), Public opinion research center, vol. 5, p. 3.

– The offi cial web site of the Transparency International (2018), Corruption perception index. URL: https://www.transparency.org/cpi2018 (Accessed 17 February 2019)

The offi cial web site of the European Commission (2014), Anti-corruption report. URL: https://ec.europa.eu/home-affairs/what-we-do/policies/organized-crime-and-human-traffi cking/corruption/anti-corruption-report_en (Accessed 17 February 2019)

Official website of GRECO (2018), Group of states against corruption// Addendum to the Fourth Round Evaluation Report on Poland (Rule 34). URL: https://www.coe.int/en/web/greco/-/poland-council-of-europe-anti-corruption-group-criticises-weakening-independence-of-courts-andjudges (Accessed 17 February 2019)

The offi cial web site of the Transparency International (2018), How do you defi ne corruption? URL: https://www.transparency.org/what-is-corruption#defi ne (Accessed 17 February 2019)

Darasz , J. (2017), “Fighting VAT fraud brings a substantial increase in Poland’s budget revenues”, Central European Financial Observer. URL: https://financialobserver.eu/poland/fi ghtingvat-fraud-brings-a-substantial-increase-in-polands-budget-revenues (Accessed 27 February 2019)

The offi cial web-site of the Freedom House (2018), Nations in Transit: Report on Poland. URL: https://freedomhouse.org/report/nations-transit/2018/poland (Accessed 27 February 2019)

Poland is Europe’s dynamic future (2016), Politico. URL: https://www.politico.eu/article/letter-to-editor-poland-warsaw-is-europes-dynamic-future (Accessed 27 February 2019)

Polish Penal Code, 1997. Art.228-230a, pp. 81-82.

European Parliament research service (2018), “The costs of corruption across the EU”. URL: https://www.greens-efa.eu/en/article/press/new-report-the-cost-of-corruption-across-the-eu (Accessed 27 February 2019)

Treaty on the Functioning of the European Union (2012), Euro–lex. URL: https://eur-lex.europa.eu/legal-ontent/EN/TXT/?uri=celex%3A12012E%2FTXT (Accessed 27 February 2019)

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Published

2019-06-23

Issue

Section

Section II. Civil Law and International Law

How to Cite

Міщук, М. С. (2019). European anti-corruption regulation and its implementation in the Central Europe: on the case of Poland. Legal Bulletin of «KROK» University, 35, 71-76. https://lbku.krok.edu.ua/index.php/krok-university-law-journal/article/view/224