Articles 7 and 8 of the Proposed Directive on Combating Corruption and Their Applicability in View of the Romanian Legislation

Background: This paper analyses the proposed Directive of the European Parliament and the Council aimed at combating corruption, within the context of Romanian legislation, with special focus placed on the provisions of Articles 7 and 8 of the proposed Directive. Even if this phenomenon still lacks a unanimously accepted definition, corruption remains a pervasive challenge across various sectors in Romania, necessitating a comprehensive legislative framework to strengthen anti-corruption measures and fortify the rule of law. The proposed directive reflects the European Union (EU)’s proactive stance in addressing systemic corruption, with a particular focus on the Romanian legal landscape. The research delves into the substantive changes outlined by the proposed provisions of the directive in reference to the phenomenon of bribery, analyzing its potential implications for the existing anti-corruption framework in Romania in view of the interplay between anti-corruption efforts and the broader legal framework, assessing how the proposed changes may contribute to a more transparent, accountable, and resilient legal system. Method: Using a comparative approach, the authors analyze the provisions of Articles 7 and 8 of the proposed Directive in light of the relevant provisions of Romanian criminal law. At the same time, the authors argue that, given the institutional framework of Romanian anti-corruption efforts, the aforementioned regulation does not provide a clear advantage. Results and conclusions: While acknowledging the multifaceted nature of anti-corruption endeavors, the authors conclude that the proposed versions of Articles 7 and 8 of the Anticorruption Directive will not have a significant impact on the corresponding norms of the Romanian Criminal law, while explaining why this could be viewed as both a positive and a negative fact.