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Romanian judicial bodies including the High Court and the Supreme Council of the Magistracy expressed serious concern about the amendments, on the grounds that they would have the effect of taking parliamentarians[31] out of the scope of legislation covering corruption offences like bribe taking, trading in influence and abuse of office.

Since all public officials have a duty to exercise judgment or discretion impartially, the giving of bribes in order to influence a public official's judgment or discretion and the taking of such bribes should be included in the definition of corruption, irrespective of the law or regulations applicable in the particular official's country or to the international organisation concerned.

Is a national law compatible with the obligation of a Member State to provide for the effective prosecution of criminal offences by customs officials if that law provides for criminal proceedings brought against customs officials — for participation in a conspiracy to commit corruption offences while performing their professional duties (accepting bribes for non-performance of customs inspections), and for specific bribery offences and concealment of bribes received — to be terminated, without the court having examined the charges brought, under the following conditions: (a) two years have elapsed since the accused was charged; (b) the ...[+++]accused has lodged a request for the pre-trial investigation to be concluded; (c) the court has given the prosecutor a period of three months to conclude the pre-trial investigation; (d) during that period, the prosecutor has committed ‘infringements of essential procedural requirements’ (failure properly to notify a supplementary charge, failure to disclose the investigation file, contradictory indictment); (e) the court has given the prosecutor a further period of one month to remedy those ‘infringements of essential procedural requirements’; ([f]) the prosecutor has failed to remedy the ‘infringements of essential procedural requirements’ within that time-limit — albeit that the infringements committed within the first three-month period and the failure to remedy them within the subsequent one-month period are attributable both to the prosecutor (failure to remove contradictions in the indictment; failure to take real action for most of those periods) and also to the defence (breach of the duty to cooperate with respect to notification of the charge and inspection of the investigation file due to the hospitalisation of the accused and claims regarding the lawyers’ other professional commitments); ([g]) the accused has acquired a subjective right to the termination of the criminal proceedings on account of the failure to reme ...

89. Calls on businesses to: ensure the implementation of internal procurement guidelines to ensure compliance with the law and maximum transparency in bidding processes for public contracts; avoid dealing with contractors and suppliers known or reasonably suspected to be paying bribes; exercise due diligence, as appropriate, in evaluating prospective contractors and suppliers to ensure that they have effective anti-bribery programmes; make known anti-bribery policies to contractors and suppliers; monitor significant contractors and suppliers as part of their ...[+++]regular review of relationships with them and have a right to termination in the event that the latter pay bribes or act in a manner inconsistent with the business's programme;