In a report published today, the Council of Europe's Group of States against Corruption (GRECO) acknowledges that the United States has in place a solid legal, ethical and institutional framework to prevent and fight corruption in respect of Members of Congress, judges and prosecutors. Nevertheless, the report draws attention to some areas where the system could be further enhanced.
While the United States is commended for a solid statutory framework regulating the legislative process within Congress, GRECO notes that the “pre-legislative” phase, leading up to the introduction of a bill in the Senate or the House of Representatives, could benefit from more transparency. Furthermore, GRECO calls on the authorities to consider additional measures regarding Members’ interactions with lobbyists as well as their possibilities for employment as lobbyists after leaving Congress (“revolving doors”). It takes the view that Members, in addition to the reporting requirements in place concerning potential conflicts of interest, ought to be required also to disclose unforeseen situations of conflicts of interest as they appear (“ad hoc disclosure”).
GRECO welcomes that Congress has in place extensive codes of ethics for Members of Congress and stresses the importance of furthering the mechanisms for the supervision and enforcement of congressional rules; in this context, GRECO commends the House of Representatives for its Office of Congressional Ethics (OCE). The report mentions that an equivalent pre-investigatory body might be appropriate also in the Senate.
GRECO acknowledges that the principle of judicial independence, as enshrined in the U.S. Constitution, is a fundamental feature of the United States manifested, inter alia, through federal judges’ life tenure. However, GRECO is concerned that two categories of federal judges (bankruptcy and magistrate judges) are not protected to the same extent as these are subject to re-appointments, a situation that merits further consideration by the judiciary. Furthermore, GRECO is pleased to note that the judiciary has, for a long time, had its own code of ethics, formally applicable to federal judges and suggests that justices of the Supreme Court also be invited to adhere to this Code.
