DEVELOPING ETHICAL STANDARDS IN PUBLIC ADMINITRATION ...

DEVELOPING ETHICAL STANDARDSIN PUBLIC ADMINITRATION - STRATEGIC APPROACH -

NATIONAL AGENCY NATIONAL AGENCY

OF CIVIL SERVANTSOF CIVIL SERVANTS

LILIANA PAULA MOGOLILIANA PAULA MOGOŞŞ

CounsellorCounsellor

NECESSITY vs. UTILITYNECESSITY vs. UTILITY

�� The perception on integrity in our countryThe perception on integrity in our country

�� Corruption Perception Index evaluated by Corruption Perception Index evaluated by

Transparency International for the year 2010 Transparency International for the year 2010

places Romania at the bottom of the top of the places Romania at the bottom of the top of the

European countriesEuropean countries

�� Compared to 2009, Romania's index lost a tenth Compared to 2009, Romania's index lost a tenth

of a percentage marking a deterioration in the of a percentage marking a deterioration in the

perception of integrity in our countryperception of integrity in our country

KEY REGULATIONS ON ETHICS AND INTEGRITY

� The Law no. 7/2004 on the Code of conduct for the civil servants, republished;

� The Law no. 161/2003 on certain measures to ensure transparency in exercising civil office and in the business environment, preventing and combating corruption;

� The Order of NACS’s president no. 4500/2008 for establishing a common framework of methods for completion and submission of data and information relating to the compliance with the rules of conduct by the public servants and the implementation of disciplinary procedures, with subsequent amendments.

COVERED ISSUESCOVERED ISSUES (1)(1)

� CONFLICT OF INTEREST

� INCOMPATIBILITY

� CIVIL SERVANTS CONDUCT

– The conflict of interest means a situation where the person exercising public office has a personal financial interest, which might influence the objectivity of their duties.

– Incompatibilities of public offices are regulated by the Constitution, the law of the public authority or institution where the persons exercising public office deploy their activity, the provisions of the Law no. 161/2003, with its amendments as well as the specific regulations with sectorial implementation.

COVERED ISSUESCOVERED ISSUES (2)(2)

� The conflict of interest and incompatibilities are regulated mainly by Law no. 161/2003

� The National Agency of Integrity monitors the compliance with the regulations regarding the conflict of interest and incompatibilities

� The legal framework regulating the professional conduct of civilservants is Law no. 7/2004 republished, on the Code of conduct for civil servants

� 2007 - Law no. 50/2007 amending Law nr.7/2004 introduced the obligation for the public authorities and institutions to appoint a civil servant with the role of ethics counselor. The same law specifies their duties.

MONITORING THE CORRUPTION CAMBATTING PROCESS - EFFECTS (1)

�� The European CommissionThe European Commission’’s Monitoring s Monitoring

Reports on corruption / integrity Reports on corruption / integrity revealed revealed

critical aspects in Romania, leading to the critical aspects in Romania, leading to the

necessity of monitoring the necessity of monitoring the activity of ethics activity of ethics

counsellors.counsellors.

�� Development of new legal measures Development of new legal measures --

O.P.A.N.F.P. no. 4500/2008, as amended O.P.A.N.F.P. no. 4500/2008, as amended

and completed.and completed.


� The National Agency of Civil Servants has improved the monitoring system regarding the compliance of civil servants with the rules of conduct.

� Provided the necessary conditions for broadening the network of ethics counsellors, strengthening their coordination.

� The Agency, in collaboration with representatives of the civil society, offered training to ethics counsellors, to persons responsible for human resources and to decision-makers in public authorities and institutions.


In the Progress Report In the Progress Report drew up in drew up in July 2011 July 2011 there were:there were:

–– recognised recognised the efforts of the National Agency of Civil Servants to strengthen the role of ethics counsellors in public administration

– particularly appreciatedappreciated the training sessions and the public the training sessions and the public debates debates organised by the Agency

– The Commission intends to modify the legislative framework as assumed by the National Anti-Corruption Strategy on vulnerable sectors and local public administration for the period 2008-2010, approved by GD no.

611/2008

– Currently, the National Anti-Corruption Strategy for the period 2012-2015 was approved by G.D. no. 215/2012

FINDINGS AND RECOMMENDATIONS

FF.1..1. Low administrative capacity to evaluate vulnerabilities associated to

civil service

FF.2..2. The organisational culture in public authorities and institutions is not

focused on the protection of civil service and civil servants by means

of managerial measures to reduce risks and vulnerabilities

GRECO’s and European Commission’s recommendations propose to

Romania the drawing up of anti-corruption strategies for public

administration, at least at the level of vulnerable sectors.

WHY DO WE NEED A PUBLIC POLICY ON WHY DO WE NEED A PUBLIC POLICY ON

COMBATTING CORRUPTION?COMBATTING CORRUPTION?

� Establishing the concept of “ethics counsellor”

� Strengthening the role and competences of ethics

counsellors

� Professional training and development of ethics

counsellors civil servants

� Improving the systems monitoring the counselling activity

regarding the compliance with the rules of conduct

� Active communication within the ethics counsellors

network

THE PURPOSE OF THE PUBLIC POLICYTHE PURPOSE OF THE PUBLIC POLICY

� Strengthening the administrative capacity

regarding the development of ethical

standards in public authorities and

institutions

PUBLIC POLICY OBJECTIVES (1)PUBLIC POLICY OBJECTIVES (1)

1. Strengthening the role and competences of ethics counsellors in public institutions and authorities

1.1. Counselling and training actions for preventing corruption

1.2. Establishment of a multidisciplinary committee in each institution / public authority to assess the vulnerability to corruption of public servants

1.3. Elaboration and implementation by the heads of public authorities, with the support of multidisciplinary committee and ethics counsellors of plans of measures to protect the public service positions vulnerable to corruption

1.4. Monitoring the compliance with the legal provisions related to the obligations of filling out the assets and interest statements

1.5. The continuous improvement of the monitoring systems of the counsellingactivities regarding the compliance with the rules of conduct inside public authorities and institutions

1.6. Ensuring the protection of the ethics counsellors


2. Improving the working conditions for the ethics counsellors

2.1. Developing the procedural tools for the activity of ethics counsellors

2.2. Ensuring an adequate framework for carrying out the counselling activities in each public institution / authority

2.3. Establishing on annual basis the priorities in the training and professional development of ethics counsellors


3. Improving the visibility of ethics

counsellors inside public authorities

3.1. Encouraging the active communication

within the network of ethics cousellors

3.2. Informing all civil servants with regard to

the role and duties of the ethics counsellor

BENEFICIARIES

� Direct beneficiaries: Civil servants, heads

of public authorities or institutions, ethics

counsellors, the National Agency of Civil

Servants

� Indirect beneficiaries: Citizens as

beneficiaries of public services

IMPLEMENTATION OPTION NO. 1

Amending the legislative framework followed by developing specific procedures for ethics counsellors, carrying out training activities for ethics counsellors and promoting the ethics and integrity concepts.

This option engages the ethics counsellor in assessing the civil service vulnerabilities and implies the accountability of the management in adopting management protection measures in case of irregularities.

IMPLEMENTATION OPTION NO. 2

Amending the legislative framework followed by developing specific procedures for ethics counsellors, carrying out training activities for ethics counsellors and promoting the ethics and integrity concepts.

The second option implies the implementation of the measures proposed in option no. 1, except engaging the ethics counsellor in assessing the civil service vulnerabilities and the accountability of the management in adopting management protection measures in case of irregularities.

IMPLEMENTATION OPTION No. 3

� Improving the current system by means of legislative measures referring to the standardisation of terms used for certain concepts.

� The legislative measures may be only referring to the standardisation of terms used for certain concepts - such as semestral and not quarterly reporting and the single use of the term ethics counsellor, in the light of the terms used in Law. 7/2004 republished “civil servant for ethical counselling and monitoring compliance with rules of conduct” and the term of “ethics counsellor” used in Order no. 4500/2008 of the President of NACS, as amended.

RECOMMENDED IMPLEMENTATION OPTION

�� Amending the legal frameworkAmending the legal framework followed by the followed by the development of proceduresdevelopment of procedures specific to ethics specific to ethics counsellorscounsellors, , conducting training for ethics conducting training for ethics counsellorscounsellors and promoting concepts of ethics and promoting concepts of ethics and integrity.and integrity.

�� This option This option engages the ethics engages the ethics counsellorcounsellor in in assessing civil service vulnerabilities assessing civil service vulnerabilities and implies and implies the accountability of the management on adopting the accountability of the management on adopting management protection measures if irregularities management protection measures if irregularities occur.occur.

BENEFITS

� A Single sustainable prevention activity;

� NACS will grant assistance to all institutions

and ethics counsellors.

INDICATORINDICATORSS

� Amended legislative framework;

� Number of awareness and informing campaigns and their effects;

� Number of seminars, conferences, working groups;

� Number of informing activities and their number of attendants;

� Number of trainings and no. of trainees;

� Number of public institutions submitting reports;

� Number of cases of noncompliance with the rules of conduct;

� Number of specific procedures developed.

RISRISKSKS

� The level of commitment of public authorities

and institutions will influence policy outcomes

� Difficulties in implementing the procedures

within small municipalities with limited human

and material resources

� The numerous prevention activities will be

conducted in a relatively short period of time

MONITORING & EVALUATINGMONITORING & EVALUATING

� NACS will develop a Monitoring Report each

semester

THANK YOUTHANK YOU!!

[email protected]

DEVELOPING ETHICAL STANDARDS IN PUBLIC ADMINITRATION ...

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