ethics and integrity in civil service utile/ro - adriana circiumaru.pdfethics and integrity in civil...

EthicsEthics and integrity in civil and integrity in civil serviceservice

National Agency of Civil ServiceNational Agency of Civil Service--RomaniaRomania

Adriana CAdriana Cîîrciumaru rciumaru head of unit head of unit

Seminar on legislation regarding transparency, ethics and integrity in public administration

Bucharest, 16 May 2012

Seminar on legislation regarding transparency, Seminar on legislation regarding transparency, ethics and integrity in public administrationethics and integrity in public administration

Legislative frameworkLegislative framework�� Law no. 7/2004 (republished) on Civil Servants Code of Law no. 7/2004 (republished) on Civil Servants Code of

Conduct Conduct

�� Order no. 4500/2008 on establishing a single framework for Order no. 4500/2008 on establishing a single framework for

completing and transmitting data and information on the completing and transmitting data and information on the

compliance of civil servants with the rules of professional condcompliance of civil servants with the rules of professional conduct uct

and implementing disciplinary measures and implementing disciplinary measures

�� Government Decision no. 1344/2007 on the organization and Government Decision no. 1344/2007 on the organization and

functioning rules of the disciplinary commissionsfunctioning rules of the disciplinary commissions


Legislative frameworkLegislative framework�� Law no. 161/2003 on certain measures to ensure transparency Law no. 161/2003 on certain measures to ensure transparency

in exercising public dignity or civil service positions and in tin exercising public dignity or civil service positions and in the he

business environment, prevention and combat of corruptionbusiness environment, prevention and combat of corruption

�� Law Law nno. o. 571/2004 571/2004 regarding the protection of whistleblowersregarding the protection of whistleblowers


Civil Servants Code of Conduct Civil Servants Code of Conduct

��Scope and objectivesScope and objectives

��General PrinciplesGeneral Principles

��General Rules of ConductGeneral Rules of Conduct

��The Coordination, Monitoring and Control The Coordination, Monitoring and Control of the Implementation of the Rules of of the Implementation of the Rules of ConductConduct


Civil Servants Code of ConductCivil Servants Code of Conduct

��Scope and objectivesScope and objectivesThe Code of Conduct regulates the mandatory general The Code of Conduct regulates the mandatory general

rules of moral and professional conduct for civil servants. rules of moral and professional conduct for civil servants.

Objectives:

• securing the increase in the quality of the public service,

• ensuring a good management with a view to best serving public interests

• contributing to the elimination of bureaucracy and corruption in public administration


��General Principles that govern the professional conduct General Principles that govern the professional conduct of civil servants: of civil servants:

–– supremacy of law supremacy of law

–– priority of the public interest priority of the public interest

–– ensuring the equal treatment of citizens in their relation ensuring the equal treatment of citizens in their relation

with public authorities and institutions with public authorities and institutions

–– Professionalism Professionalism

–– Impartiality and independence Impartiality and independence

–– Integrity Integrity

–– Freedom of thought and expression Freedom of thought and expression

–– Openness and transparency Openness and transparency

–– Honesty and fairness Honesty and fairness


General Rules of Conduct:General Rules of Conduct:

�� To provide a high quality public serviceTo provide a high quality public service

�� Loyalty to the law and to the public Loyalty to the law and to the public institutionsinstitutions

�� Freedom of opinion Freedom of opinion

�� Public and Public and politicalpolitical activity activity

�� The use of imageThe use of image

� Relationships within civil service


General Rules of Conduct:General Rules of Conduct:

�� Conduct in International relations Conduct in International relations

�� Restrictions regarding the acceptance of Restrictions regarding the acceptance of presents, services and advantages presents, services and advantages

�� ObjectivityObjectivity

�� The use of political prerogativesThe use of political prerogatives

�� The use of public resourcesThe use of public resources

�� Restricted participation in acquisitions, license Restricted participation in acquisitions, license granting or leasinggranting or leasing


The Role of the National Agency of Civil ServantsThe Role of the National Agency of Civil Servants

Coordinates and monitors the application of the rules of conductCoordinates and monitors the application of the rules of conduct

� monitors the application and compliance with the rules of conduct in public institutions and authorities;

� drafts studies and reports on the compliance with the rules of conduct;

� cooperates with the NGOs whose activities focus on promoting and protecting the legitimate interests of the citizens in their relation with civil servants;


The Ethics Counsellor

The civil servant appointed by the head of the public institution or authority to monitor the compliance with the rules of conduct and to offer ethics counselling.


The ethics The ethics counsellorcounsellor dutiesduties

�� provides provides advice and assistanceadvice and assistance on the on the compliance with the rules of conduct (task in compliance with the rules of conduct (task in the job description)the job description)

�� monitorsmonitors the implementation of the Code of the implementation of the Code of Conduct by the personnel in the public Conduct by the personnel in the public institution and authority in which they activate institution and authority in which they activate

�� draws up draws up quarterly reportsquarterly reports on the on the compliance with the rules of conductcompliance with the rules of conduct


The role of the ethics The role of the ethics counsellorcounsellor

Preventive function regarding misconduct:

– knowledge of specific rules of conduct of civil servants

– informing civil servants about the decisions of disciplinary commissions and courts

– informing the management of public institution/ authority on the main causes of non-compliance with the rules of conduct

– continuous training on legislation and interpretation of rules of conduct

– improving the image of civil servants in the eyes of citizens


Issues that were the subject of ethics counsellingwere link to:

– incompatibilities and conflicts of interest– behavior of civil servants during working hours;– providing quality public service;– scope of duties of civil servants;– rights and obligations of civil servants.


The civil servants violation with guilt of the duties they hold and the rules of professional and civic conduct provided in the Code of conduct = misconduct.

Miscounduct leads to a disciplinary sanction for the civil servant.


The Disciplinary Commission

A deliberative structure without legal personality, independent

in exercising its duties, with power to review acts of civil servants as misconduct and to propose how to address them, with the identification of applicable disciplinary sanction or dismissal notification.


Disciplinary sanctions� Written reprimand

� Salary decreases with 5-20% on a period of 3 months

� Suspending of the right to advance/get a promotion on a period of 1 to 3 years

� Downgrading in civil service on a period to 1 year

� Dismissal from civil service


Incompatibilities regimeIncompatibilities regime

� A civil service position is incompatible with any civil service position other than the one the civil servant is appointed in, and with any high official position

� Civil servants may not have other jobs and can not perform other activities, paid or unpaid (according to Law no. 161/2003 and Law no. 330/2009) as follows:– in public institutions and authorities;– in the political official’s cabinet, unless the civil servant is suspended

from the civil service position during this appointment, under the provisions of the law;

– in the autonomous public services enterprises, companies or other profit-making units in the public sector (per a contrario, in the non-profit entities in the public sector and the non-profit and profit-based entities from the private sector the interdiction is not applicable);

– as a member of an economic interest poll.


Civil servants can:

– may have jobs and perform activities in teaching, scientific research, literary and artistic domain

– may have jobs in other areas of the private sector which are not directly or indirectly linked to the duties performed as a civil servant, under the job description


The civil servant is not within an incompatibility situation if The civil servant is not within an incompatibility situation if she/he:she/he:

–– is appointed by an administrative act, issued under the law, to is appointed by an administrative act, issued under the law, to represent represent

state interests in connection with activities carried out by opestate interests in connection with activities carried out by operators with rators with

capital or assets owned wholly or majority statecapital or assets owned wholly or majority state--owned, according to the owned, according to the

normative acts in force,normative acts in force,

–– is appointed by an administrative act, issued under the law, to is appointed by an administrative act, issued under the law, to participate participate

as the representative of a public authority or institution in boas the representative of a public authority or institution in bodies or joint dies or joint

management bodies, established under the normative acts in forcemanagement bodies, established under the normative acts in force,,

–– is exercising a mandate of representation, appointed by a publicis exercising a mandate of representation, appointed by a public authority authority

or institution, as expressly provided in normative acts in forceor institution, as expressly provided in normative acts in force


The civil servant is not within an incompatibility situation if The civil servant is not within an incompatibility situation if

she/he:she/he:

is appointed by administrative act to be part of is appointed by administrative act to be part of project teams in projects with grants funded project teams in projects with grants funded through postthrough post--accession EU funds and through accession EU funds and through external refundable or not refundable loans external refundable or not refundable loans contracted or guaranteed by Statecontracted or guaranteed by State

ExceptiExceptiononcivil servants exercising duties as auditor of monitoring and civil servants exercising duties as auditor of monitoring and control activities carried out during the projectcontrol activities carried out during the project’’s s implementation and civil servants who are part of the project implementation and civil servants who are part of the project team, but the activities conducted in the project creates team, but the activities conducted in the project creates conflicts of interest with the civil service position they hold.conflicts of interest with the civil service position they hold.


Conflict of interestsConflict of interests

Situation in which there is a civil servant has a personal interest that might influence their objective performance of their duties.

When do we have conflict of interests?

� The civil servants is called to process an application, take a decision or to participate in making a decision about a person or entity with which it has personal / patrimonial relationships

� The civil servant participates in a civil servants commission composed of I degree relatives and spouse

The interests of I degree relatives, spouse can influence decisions that they must take in public office

Seminar on legislation regarding Seminar on legislation regarding transparency, ethics and integrity in public transparency, ethics and integrity in public

administrationadministration

Protection of whistleblowers

Whistleblowing = notification made in good faith of any offense involving a violation of law (under the law as a disciplinary offense, misdemeanor or offense), of professional ethics or of the principles of good governance, efficiency, effectiveness, economy and transparency.

Whistleblower = the person that makes a notification in good faith of any offense involving a violation of law, and works in a public institution and authority


Thank youThank you!!

[email protected]@anfp.gov.ro

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