The Ethics dimension of PA Civil Servants

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1 The Ethics dimension of PA Civil Servants Civil servants mobility in Europe The PATENT Project Public Administration Training European Network for the Harmonisation ation of Training Approach Leszek Mellibruda, Ph.D Roma, May 12, 2006 Civil Service Office, Warsaw, Poland 1

2 Why is ethical behaviour important? It s beneficial to everybody It supports a positive image of the public service, and enhances trust in the public service It saves taxes by reducing the waste of public resources It contributes to economic growth and social stability It enhances individual performance, It enhances trust in the rule of law, the principle of legality and in democracy It supports job satisfaction, job motivation and decreases sickness rates 2

3 What do Member States have in common? Since the beginning of the twentieth century, the European States have developed specific civil service systems with specific ethical standards and hierarchy of main proffessional values.. It was expected that ethical behaviour would be the result of a specific civil service structure (including a specific status, organisation and self-esteem). esteem). Today many States are in the process of changing organisational structures and reforming working conditions. Surprisingly, the ethical requirements for civil servants have not changed very much 3

4 What do Member States have in common? Ethical Principles on a pan-european scale: Results of the Study prepared by EIPA, Maastricht * show 6 ethical principles that all Member States agree on: 1.Commitment to the public 2.Integrity, honesty and fairness 3.Independence 4.Accountability 5.Openness and transparency 6.Honesty * Working towards common elements in the field of Ethics and Integrity, Dr Christoph Demmke, EIPA, 2004 for the 43rd Meeting of the Directors-General of the Public Services Member States European Union 4

5 What are the biggest challenges facing ethical standards? Corruption, bribery or other criminal activities A low civil service ethos or no shared values No clear mission for the civil service Low morale of civil servants Slovakia; Portugal; Germany; Netherlands; Italy; Poland; Estonia Slovenia; Portugal; Sweden; Belgium; Lithuania; Poland; Estonia Cyprus; Greece; Austria; Czech; Portugal; Sweden; ; Italy; Belgium Spain Country replies: Low salaries Poor working conditions Insufficient training on civil service values and on standards of conducts Insufficient commitment and support with respect to ethics by the management Increased contacts between the public and the private sector due to the enhanced trend towards private public Slovenia; Slovakia; Lithuania; Spain; Czech; Hungary; Latvia; Bulgaria Austria; Czech Cyprus; Ireland; Finland; Slovenia; Malta; Greece; Portugal; Netherlands; UK; Belgium; Hungary Finland; Malta; Greece; Slovakia; Czech; Portugal; Lithuania; Germany; Poland; Estonia Denmark; Cyprus; Finland; Malta; Austria; Sweden; Netherlands; 5 Germany; UK; Italy; Hungary; Bulgaria

6 Values and behaviour of civil servants Paradoxically, we are concerned with the values of civil servants, but know very little about them. Very few Member States regularly monitor their civil servants attitudes and values. Values and choices of a civil servant are determined by many situations, like: His/ her own philosophy Values of the organisation Expectation of the superior What the citizen wants Value changes in society Media scrutiny Information Developments in the job (atmosphere, leadership, etc.) 6

7 Nolan Principles values cover the whole public service Selflessness- Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial f or other material benefits for themselves, their family, or their friends. f Integrity - Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties. Objectivity - In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for r rewards and benefits, holders of public office should make choices on merit. Accountability - Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office. Openness - Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands. Honesty - Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve r any conflicts arising in a way that protects the public interest. Leadership - Holders of public office should promote and support these principles by leadership and example. These principles apply to all aspects of public life. The Nolan Committee has set them out here for the benefit of all who serve the public in any way. 7

8 Instruments to fight unethical behaviour typical principles, rules, instruments and tools in the Member States of the EU* 1. Constitution 2. Civil Service Act 3. Disciplinary rules 4. Code of ethics 5. Rules on conflict of interest 6. Rules in cases of wrongdoing (whistle blowing) 7. Rules s on unwelcome behaviour / codes on good behaviour 8. Rules of attitude testing, integrity testing 8. * Working towards common elements in the field of Ethics and Integrity, Dr Christoph Demmke, EIPA, 2004 for the 43rd Meeting of the Directors-General of the Public Services Member States European Union 8

9 Instruments to fight unethical behaviour typical principles, rules, instruments and tools in the Member States of the EU 4. Code of ethics: Sets public values to guide civil servants Democratic values (honesty, impartiality, loyalty to ministers, serve the public interest, provision of information, political neutrality) Professional values (objectivity, effectiveness, performance, citizen orientation, openness, efficient use of resources, performance, expertise) Ethical values (uphold public trust, responsibility, integrity, abuse of position) People values (fairness, respect for human right, principle of equality, non-discrimination, non- intimidation, respectful behaviour, merit) 9

10 Codes of ethics on International level European Union Council of Europe O E C D United Nations European Code of Good Administrative Behaviour Code of Good Administrative Behaviour for Staff of the EC Commission decision of on Raising Concerns about Serious Wrongdoing Recommendation 10 on Codes of Conduct for Public Officials and Model Code of Conduct for Public Officials Recommendation 10 on the European Code of Police Ethics Recommendation of the Council on Guidelines for Managing Conflict of Interest in the Public Service International Code of Conducts for Public Officials (resolutions 51/59, annex) C/2002/845 10

11 Codes of ethics on International level Codes of conduct may take different forms. According to results of the first EIPA study, there were huge differences among the Member States with regard to the legal nature of the codes of conducts. Only Greece, Luxembourg, Denmark, Austria, Spain and Portugal stated that such instruments do not exist in their country. 11

12 PATENT Training programme - Module Ethics the important question for future 12

13 PATENT Training programme - Module Ethics This course of 3 h aims at providing the basics in knowledge of ethics and anticorruption laws and solutions in EU member states and institutions. Program containing 4 components: Introduction (10 ) ) : Measuring ethics what has been done? (60 60 ) Individual and national costs for ethical and unethical behaviours (50 ( 50 ) lecture Values and cultures (60 60 ) - workshop 13

14 PATENT Training programme - Module Ethics - Contents of programme Introduction: Law and different formal aspects on ethical issues, concerning the EU and each EU country, with special focus on unethical behaviours and corruption; it should also include all the conventions and other international agreements Code of ethics where is it used and what is it used for? 14

15 PATENT Training programme - Module Ethics - Contents of programme Measuring ethics what has been done? International results of surveys on corruption and ways of measuring the corruption World Bank, OECD, value of corruption perception index Transparency International, typology of corruption BEEPS Research Main solutions to ethical problems - short analysis of experience of few countries (for example the United Kingdom Nolan Committee, France, Italy, Spain, Finland) 15

16 PATENT Training programme - Module Ethics - Contents of programme Individual and national price for ethical and unethical behaviours Economic and financial aspects of corruption Ethical behaviours psychological and sociological behaviours (role of feeling guilty, social pressure, Durkheim concept of social anomie and looking for false explanations and ethical reactions) 16

17 PATENT Training programme - Module Ethics - Contents of programme Values and cultures Different cultural (national, traditional, religious) aspects of behaviours how do we recognise them and how can we live with them? Values and culture of organisation how do they influence ethical or unethical behaviours? Role of leaders and managers in creating values and ethical behaviour in public service 17

18 PATENT Training programme - Module Ethics - Learning outcomes Knowledge better understanding of the specific nature of the ethical dilemmas in public administration. Knowing the basic international and local anticorruption law, agreements and conventions The Code of Ethics general knowledge and explanations of the composition, powers and functioning of the codes of ethics inside the institutions and countries. Learn appropriate behaviours: learn how to answer on difficulties question, how to react on common rationalisation of the border situations and how to react in unethical situations 18