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_____ _____ ____ _____ _____ _____ ETHICAL MANAGEMENT WORKSHOP 1.

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Presentation on theme: "_____ _____ ____ _____ _____ _____ ETHICAL MANAGEMENT WORKSHOP 1."— Presentation transcript:

1 _____ _____ ____ _____ _____ _____ ETHICAL MANAGEMENT WORKSHOP 1

2 _____ _____ ____ _____ _____ _____ Contents 1. Slides presentation 2. Pre-workshop questionnaire 3. Exercises 4. Annexes: Staff Regulations Title II Guidelines on Gifts and Hospitality Guidelines on the Use of Social Media Documents on ethics or their links can be found on: /index.aspx 2

3 _____ _____ ____ _____ _____ _____ ETHICAL MANAGEMENT Enhancing the Environment for Professional Ethics in the Commission Awareness-raising and Prevention

4 _____ _____ ____ _____ _____ _____ Our guiding principle of all staff TO PROVIDE HIGH QUALITY PUBLIC SERVICE TO 500 MILLION EU CITIZENS 4

5 _____ _____ ____ _____ _____ _____ Purpose of the course To raise awareness To prevent wrongdoings 5

6 _____ _____ ____ _____ _____ _____ Outcome of the course The course should contribute to : Understanding staff conduct rules; Prevention of wrongdoings; Protection of staff in working relationships and delivery of work; Recognising and minimising risk situations. 6

7 _____ _____ ____ _____ _____ _____ Main references of ethics Staff Regulations; Title II, Art 11-26a Code of Good Administrative Behaviour Internal Control Standards Communication on ethics of 5th March 2008 Guidelines for all staff on the use of social media 2011 New guidelines on gifts and hospitality ex.aspx 7

8 _____ _____ ____ _____ _____ _____ Main topics of the course PART I: Principles of professional ethics in the European Commission PART II: Main staff obligations including: Conflicts of interest, External activities, Freedom of Expression and discretion, Gifts and Interest Groups Proper conduct, internally and externally Financial liability, Whistle-blowing and Disciplinary proceedings 8

9 _____ _____ ____ _____ _____ _____ PART I: Principles of professional ethics in the European Commission 9

10 _____ _____ ____ _____ _____ _____ Enhancing the environment for professional ethics in the Commission Ensuring a Culture of Integrity, Loyalty and Trust in the Commission and in its external relations (Communication 5 March 2008) 10

11 _____ _____ ____ _____ _____ _____ Management and staff are aware of and share : Appropriate ethical and organisational values Uphold these through their own behaviour and decision-making Internal Control Standards 11

12 _____ _____ ____ _____ _____ _____ Ethics: Professional staff conduct standards within and outside the Commission (Deontology) in order to provide high quality service to EU citizens Integrity: Individual conduct in the light of the Commissions standards What does it mean in the European Commission? 12

13 _____ _____ ____ _____ _____ _____ Dimensions of ethics ( 3 Rs of ethics) RULES RESPONSIBILITY RESPECT 13

14 _____ _____ ____ _____ _____ _____ Respect Citizen (external stakeholders) EU Resources and Property Economy, Efficiency, Effectiveness Relations Working Together, Communication Diversity and Tolerance, Resolving conflicts 14

15 _____ _____ ____ _____ _____ _____ A culture of integrity …...is in everybodys interest because it: Gives Citizens a better service Promotes public trust and enhances public image of the Commission and its staff Makes the Commission a better place to work Ethics is a key to better performance! 15

16 _____ _____ ____ _____ _____ _____ Fish bowl Accountability Transparency 16

17 _____ _____ ____ _____ _____ _____ Our image High ethical standards and behaviour help to improve the reputation of the Commission and its staff The diffusion of a good image stimulates higher ethical performance Ethics are a key principle of good governance! 17

18 _____ _____ ____ _____ _____ _____ Instruments for ensuring ethical behaviour Staff Conduct Rules Communication policy/ Training Control and monitoring systems/ bodies Disciplinary legislation Registering private interests Job rotation (mobility) Whistleblower policy Mediator/ Ethics correspondent DG Leadership / Role modelling management Instruments should lead to a self-regulating system 18

19 _____ _____ ____ _____ _____ _____ Instruments for ensuring ethical behaviour Who is looking at what? Inside Commission: Internal audit capabilities in DGs Internal Audit Service (Commission) DG Budget, IDOC, OLAF Data Protection Officer DG HR B1 - Ethics, Rights and Obligations 19

20 _____ _____ ____ _____ _____ _____ Who is looking at what? Outside Commission: Other EU institutions European Parliament Council Court of Justice Court of Auditors Ombudsman European Data Protection Supervisor Instruments for ensuring ethical behaviour 20

21 _____ _____ ____ _____ _____ _____ Fundamental EU values – Treaty Liberty, democracy and respect for human rights and fundamental freedoms and the rule of law…solidarity United in diversity Peace and worldwide perspective (Founding fathers vision) Sharing a common destiny (basis for solidarity ) 21

22 _____ _____ ____ _____ _____ _____ Commission staff......must offer the highest standards of : Ability Efficiency Integrity 22

23 _____ _____ ____ _____ _____ _____ Key principles of staff conduct Staff conduct: INDEPENDENCE (Art 11, 11a) IMPARTIALITY and OBJECTIVITY (Art11, 11a) LOYALTY (Art 11, Art 16, Art 17a) By acting with: RESPONSIBILITY (Art 21, 21a,22, 22a/b) CIRCUMSPECTION (Art 12, 12a, 16, 17, 17a, 23) 23

24 _____ _____ ____ _____ _____ _____ Relations with the public Code of Good Administrative Conduct (external): Citizens First Principles of relations between Commission and public 24

25 _____ _____ ____ _____ _____ _____ Principles: Lawfulness Non-discrimination and Equal Treatment Proportionality and Consistency Objectivity and Impartiality Transparency and accountability Relations with the public 25

26 _____ _____ ____ _____ _____ _____ Citizens have the Right : To be heard; Reasons for decisions; Procedure for complaints; Response in the same EU language. Relations with the public 26

27 _____ _____ ____ _____ _____ _____ ACCESS TO DOCUMENTS General rule: Right of access to all documents (Art 255 EU Treaty) Unless: Disclosure would undermine for example public or private interest, relating to data protection, security and discretion Relations with the public 27

28 _____ _____ ____ _____ _____ _____ HANDLING OF THE MEDIA: Refer to the spokesperson and /or ask for instructions from hierarchy Relations with the public 28

29 _____ _____ ____ _____ _____ _____ Relations with the public Complaints from the public: European Ombudsman in cases of administrative malpractices Right of petition to the European Parliament Court of Justice 29

30 _____ _____ ____ _____ _____ _____ Ethical dilemma Situation is not always straightforward Not always obvious what is right or wrong Which choice to make? How to act? Do not confuse with temptations! 30

31 _____ _____ ____ _____ _____ _____ Ethical reasoning Reflect before you act, Be Transparent! Analyse the situation Consider the consequences Check (Rules, Hierarchy, Ethical correspondent DG, DG HR) Take action/Decide on best option Evaluate Ethical Reflex: Is my behaviour risking the Commissions position? 31

32 _____ _____ ____ _____ _____ _____ Part II: Main staff obligations 32

33 _____ _____ ____ _____ _____ _____ Conflict of interest Situations that compromise independence in decision making or are perceived or might be perceived as compromising such independence When in doubt, duty to ask and inform in advance! 33

34 _____ _____ ____ _____ _____ _____ Conflict of interest OBLIGATION to inform in advance ! Avoid situations which might impair your independence or impartiality (Art 11, 11a) Undertakings and independence Inform about your interests (Art 11a) Inform about employment of spouse (Art 13) No misuse of insider information (Art 11a, 17a) 34

35 _____ _____ ____ _____ _____ _____ Outside/external activities Obligation to ask for permission for outside activities, paid or not paid, in advance (Art 12b) Refused if activity impairs independence and/or is detrimental to the interest of the Institution or work in the Commission (Art 11a, 12, 23 and 55) Amount of the net remuneration Ceiling of 4500 per year Obligations after leaving the service (Art 16) 35

36 _____ _____ ____ _____ _____ _____

37 ____ _____ _____ _____ Sysper 2 37

38 _____ _____ ____ _____ _____ _____ Sysper 2 38

39 _____ _____ ____ _____ _____ _____

40 ____ _____ _____ _____ What to know about: Candidates for elective office (Art 15) => Notify the Appointing Authority Witness in legal proceedings => Ask permission for disclosing information related to duties (Art 19) 40

41 _____ _____ ____ _____ _____ _____ Every staff member should: Refrain from acts/behaviour inside or outside the Commission that could bring the image and the reputation of the Commission and its Staff into disrepute (Art 12) Refrain from any form of harassment (Art 12a, 24) 41

42 _____ _____ ____ _____ _____ _____ Publications and speeches Circumspection, confidentiality and discretion (Art 12, Art 17 and Art 18), also after leaving service Freedom of expression, provided loyalty and discretion (Art 17a) Publications on professional and EU matters and speeches (17a)=> Inform Appointing Authority (AIPN) in advance. Communication on Social Networks Remuneration for publications and speeches All contacts with the media about EU matters: Spokesperson 42

43 _____ _____ ____ _____ _____ _____ Classified documents Information that is only for staff who need to know it for their work: RESTREINT UE CONFIDENTIEL UE SECRET UE TRES SECRET UE/EU TOP SECRET Consult Local Security Officer and Local Informatics Security Officer 43

44 _____ _____ ____ _____ _____ _____ Relations with interest groups (incl. lobbyists) European Transparency Initiative: Code of Conduct-Register for Interest Groups Be Transparent: inform about external contacts and ask for instructions Be aware of Risks, in particular of Conflicts of Interest and Public Image Commission Ethical Reflex: Is my behaviour risking the Commissions position? 44

45 _____ _____ ____ _____ _____ _____ Gifts In principle NO to gifts/ other favours! Negative for public image and potential conflict of interest (Art 11,12) Possible Exceptions: Gifts <= 50 per year (presumed permission of the Appointing Authority) Gifts between 51 and 150 prior permission by the Appointing Authority Gifts > 150 – refused by the Appointing Authority Be Transparent and consider Consequences! 45

46 _____ _____ ____ _____ _____ _____ Hospitality Prior permission presumed granted by the Appointing Authority: Lunches/dinners linked to function Occasional offers of simple meals, refreshments, snacks, etc. All other cases or in doubt: prior explicit permission required by the Appointing Authority. The mission order will cover all predictable offers of hospitality and their acceptance declared in expense statement. 46

47 _____ _____ ____ _____ _____ _____ Staff should know and observe legal obligations, administrative, financial and safety/security rules and procedures. 47

48 _____ _____ ____ _____ _____ _____ Staff Responsibility Staff is responsible for the performance of their duties and shall assist and tender advice to superiors (Art 21) 48

49 _____ _____ ____ _____ _____ _____ Instructions from superiors As a general rule an official must follow instructions, unless they are manifestly illegal or constitute a breach of the relevant safety standards (Art 21a) Do not confuse with disagreements! 49

50 _____ _____ ____ _____ _____ _____ Relations among staff Refrain from acts/behaviour inside or outside the Commission that could bring the image and the reputation of the Commission and its Staff into disrepute (Art 12) Refrain from Harassment (Art 12a, 24) 50

51 _____ _____ ____ _____ _____ _____ Harassment: Psychological harassment is improper conduct: 1.Takes place over a period, 2.Is repetitive or systematic, 3.Involves behaviour that may undermine a person. Sexual harassment is unwanted conduct towards the person to whom it is directed. It offends, intimidates or disturbs environment in the workplace. 51

52 _____ _____ ____ _____ _____ _____ Finances and budget Fact: 95 % of the EU budget is spent in the form of money transfers benefiting private institutions and people Dealing with finances is sensitive issue: Sound financial management is top priority (Refer: fish in a fishbowl) 52

53 _____ _____ ____ _____ _____ _____ Public procurement and grants Public procurement and grants are sensitive area for mistakes! Important as more than 90% of budget is spent this way! Main Principles: Transparency Proportionality Equal treatment and non-discrimination Code of Good Administrative Behaviour Beware of conflicts of interest! 53

54 _____ _____ ____ _____ _____ _____ Financial liability Staff members may be held responsible for any financial damage as a result of serious personal misconduct in relation with the performance of his/her duties (Art 22) 54

55 _____ _____ ____ _____ _____ _____ REPORTING OF FRAUD AND DISCIPLINARY MATTERS 55

56 _____ _____ ____ _____ _____ _____ OLAF: Fights against fraud, corruption and other serious illegal financial activities affecting the EU-budget Also charged with investigating serious matters relating to officials obligations 56

57 _____ _____ ____ _____ _____ _____ Disciplinary measures Title IV, Art 86 and Annex IX Staff Reg. Failure to comply with staff obligations may lead to disciplinary action Disciplinary investigations: OLAF and/or Appointing Authority (AIPN) 57

58 _____ _____ ____ _____ _____ _____ Disciplinary measures: IDOC Investigation and Disciplinary Office of the Commission IDOC: Administrative inquiries (independently) and prepares disciplinary proceedings of Disciplinary Board. IDOC reports are published Rights of staff: to be heard, access to certain documents and of defence AIPN decides on measures. Appeal procedure 58

59 _____ _____ ____ _____ _____ _____ Whistleblowing Art 22a/b Staff Regulations Duty to report immediately suspicions of illegal acts/ serious failure to comply with staff obligations, in exercise of duties, to Superior/ Director General/ SG and OLAF Staff member has the right to be protected and should suffer no negative consequences, provided he/she acted reasonably and honestly Whistleblower may address the President of the Commission, the Court of Auditors, the Council or the EP or the Ombudsman only if own Institution/ OLAF have not informed about the course of action taken within 60 days 59

60 _____ _____ ____ _____ _____ _____ A Culture of Integrity and Managers Identify, analyse and address integrity risks in your area of competence; Promote and ensure compliance with rules; Create an environment of Trust, Loyalty, Responsibility and Respect in workplace; Encourage questions and reward good behaviour; Keep ethics on the agenda of your team; Set the good example yourself! 60

61 _____ _____ ____ _____ _____ _____ Integrity comes from inside Keeping the highest ethical standards in the conduct of our work is a continuous process and effort. We cannot afford to be complacent It is our shared responsibility to act and decide in accordance with the Commissions ethical standards We should set the good example ourselves. A CULTURE OF INTEGRITY is in our own interest 61

62 _____ _____ ____ _____ _____ _____ Further sources of information Staff Regulations and Financial Regulations Code of Good Administrative Behaviour Communication on Ethics Internal Control Standards Practical Guide on Staff Ethics and Conduct Consult DG HR Intranet site Staff Ethics and Conduct: aspx 62

63 _____ _____ ____ _____ _____ _____ Questions and answers Thanks for your attention 63


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