Transparency International Bulgaria sent a brief survey to the Bulgarian members of the European Parliament regarding their views and attitudes toward the Directive of the European Parliament and of the Council on the fight against corruption, adopted on March 26, 2026.
The questions focus on key elements of the Directive, which will shape European and national legislation for many years to come.
These include the understanding of and approach to harmonizing the definitions of corruption offenses, the introduction of new corruption offenses, the establishment of minimum thresholds for maximum penalties within the EU, and the introduction and/or expansion of criminal liability for legal entities – an issue that is currently not addressed in Bulgarian criminal law.
Our questions are intended not only to gauge political support for the directive, but also to identify the specific challenges involved in transposing it into the Bulgarian legal framework.
- 1. Harmonization of the definitions of corruption offenses
– Strongly support – 25%
– Support – 75%
– Neutral / Do not support / Strongly oppose – 0%
2. Introduction of a minimum required threshold for maximum penalties
– Strongly support – 25%
– Support – 75%
– Neutral / Do not support / Strongly oppose – 0%
3. Introduction of criminal liability for legal entities
– Strongly support – 25%
– Support – 75%
– Neutral / Do not support / Strongly oppose – 0%
4. Introduction of a new crime: enrichment through corruption offenses
– Strongly support – 25%
– Support – 75%
– Neutral / Do not support / Strongly do not support – 0%
5. Preventive Measures (Transparency in Lobbying, Party Financing, Conflicts of Interest)
– Strongly Support – 25%
– Support – 75%
– Neutral / Do Not Support / Strongly Do Not Support – 0%
The overall result shows a unanimous positive attitude among the MEPs who responded, with no negative or neutral positions recorded on the issues under consideration.
The responses received indicate that all Members of the European Parliament who answered the questions expressed a positive stance and support for the adoption of the directive.
We would like to remind that the directive is of key importance for harmonizing the anti-corruption legal framework across the member states of the European Union. It not only introduces uniform definitions of key corruption offenses but also a structured system of sanctions, including minimum requirements for maximum penalties commensurate with the severity of the offenses. This is a step toward more effective and harmonized law enforcement in the EU.
To what extent is Bulgaria prepared?
Despite the existing regulatory framework, Bulgaria will have to make significant legislative changes to transpose the directive. The following pose a particular challenge:
- – the lack of a comprehensive legal framework governing the criminal liability of legal entities;
– the absence of certain new offenses, such as “enrichment through corruption-related crimes”;
– the need to clarify the distinction between criminal and administrative measures.
In this sense, the directive will require not only formal changes but also a more profound reform of the approach to combating corruption.
Key risks to the legal framework
Among the potential risks identified in the expert discussions that Transparency International held during the preparation of the Directive are:
- – uncertainty regarding the application of the new definitions and the possibility of conflicting case law;
– challenges in introducing minimum penalty levels that are consistent with national principles of criminal law;
– the need to guarantee the rights of legal entities, including effective pre-trial protection mechanisms;
– the risk of merely formal transposition without any actual improvement in the effectiveness of law enforcement.
Transparency International Bulgaria works to promote the key elements of the Directive and strives to engage in active consultations with stakeholders, particularly with representatives of business associations and chambers of commerce in Bulgaria. During the meetings and discussions, a number of significant issues were raised regarding the scope and clarity of legal entities’ liability, the criteria for its reduction or waiver, the risk of overregulation and additional administrative burdens, as well as the need for clear and predictable rules that do not create legal uncertainty.
During these discussions, concerns were also raised that the legislative and executive branches lack sufficient awareness and preparation regarding the upcoming directive. Since it is now a reality and the two-year deadline for its transposition will begin very soon, we call on representatives of public institutions to act responsibly and to initiate, in a timely manner, a transparent and effective transposition process involving affected and interested parties, the academic community, and civil society.
The timely, correct, and complete transposition of the directive and the subsequent effective implementation of national legislation depend to a great extent on an effective and “regular” legislative process, rather than on laws adopted through a “fast-track” procedure. The transposition of the directive will not only change national criminal law theory, legislation, and practice, but will also potentially have a significant impact on the competitiveness of Bulgarian economic entities, as well as on ensuring their sustainability and even their survival.