In June 2024, the International Anti-Corruption Conference (IACC) was held in Vilnius. During a panel on strategic litigation, Transparency International France had the opportunity to present the legal battle that has contributed to strengthening the French legal framework in the fight against corruption. 

The obtention of legal standing for anti-corruption civil society organizations (CSOs) in France has resulted from a long judicial battle. The story of ill-gotten gains started in 2007 following the publication of a report documenting the litigious acquisition of numerous properties by foreign leaders in France. On this ground, several CSOs including Transparency International France filed several complaints, which were initially dismissed by the French prosecutors. 

French criminal procedural rules allow victims to bypass the Prosecutor’s decision when he refuses to open an investigation or decides to close one. In fact, a victim can file a complaint as a civil party with an investigating judge and contest the closure of an investigation before the Court of Appeal. 

At that time, anti-corruption CSOs were not yet recognized as victims in criminal proceedings. However, they tried to file a complaint as a civil party with an investigating, notably against Teodorin Obiang, Vice-President of Equatorial Guinea. In 2010, the French Supreme Court finally recognized legal standing for anti-corruption CSOs. This decision was later enshrined into hard law in 2013. 

“Strategic litigation is an everyday battle, but it has been a game changer for civil society organizations by allowing them to initiate legal proceedings, advocate and change social norms,”

Charlotte Palmieri, head of Litigation and Illicit Financial Flows at Transparency International France.

The implementation of strategic litigation regarding international corruption in France has led to: 

• The conviction of two foreign leaders for ill-gotten gains; 

• Three anti-corruption CSOs have been granted legal standing; 

• More than 20 cases of ill-gotten gains currently under investigation; 

• Over 250 million euros permanently confiscated; 

• Initial restitution efforts underway, particularly involving Equatorial Guinea, in accordance with a 2021 law establishing a responsible mechanism for asset recovery as part of the active advocacy led by TI France. 

Over the past fifteen years, the landscape of anti-corruption efforts in France has significantly evolved. The National Financial Prosecutor’s Office (PNF), specialized in serious economic and financial crime, was established in 2013. Thanks to their international network, NGOs can share essential information with the PNF, some of which is particularly difficult for prosecutors to obtain initially. 

« Anti-corruption organizations detect violations and inform us« 

Céline GUILLET, first deputy financial prosecutor at the National Financial Prosecutor’s Office 

While strategic litigation is developing, it is still underutilized by global anti-corruption actors. However, it is an essential tool for civil society organizations to initiate battles for legal standing, bring cases before foreign courts, and support ambitious legislative reforms regarding the restitution of ill-gotten gains. 

In the face of the challenge of grand corruption, the fight must be supported by international collaboration and led by a multitude of actors. For this reason, TI France offers training modules to all foreign civil society organizations wishing to bring their cases to France or share insights on the French experience. 

Are you a foreign civil society organization? Would you like to learn more about the French legal framework? Transparency International France offers training courses to share French experience in strategic litigation.

Please, contact: Charlotte Palmieri