1. Codes of Conduct and other legal instruments for building the public trust in parliaments Austrian regulations and experiences Alexandra Becker, Austrian Parliamentary Administration ECPRD -Seminar “Structures and procedures with regard to the code of conduct for MPs and with regard to the integrity of parliamentary staff” 8/9 May 2014, Skopje

2. 2REPUBLIK ÖSTERREICH Parlament Code of Conduct and other legal instruments There is no Code of Conduct for Members of the Austrian Parliament But there are complex regulations concerning the rights and duties of Members of Parliament in various laws There is no internal Compliance Body in the Austrian Parliament Scope of this Presentation: (1.) Austrian National Council Rules of Procedure Act (2.) Austrian Federal Constitution (3.) Transparency Package (Incompatibility and Transparency Law in detail) (4.) Practical Experience

3. 3REPUBLIK ÖSTERREICH Parlament 1. Austrian National Council Rules of Procedure Act Compulsory presence in plenary and committee sittings The president has to ensure the protection of the dignity and the rights of the National Council/the Federal Council Disciplinary measures: Call to Order

4. 4REPUBLIK ÖSTERREICH Parlament 2. Incompatibility Rules in the Austrian Federal Constitution Membership in a parliamentary chamber is incompatible with being: Member of the other parliamentary chamber Member of the European Parliament Austrian Federal President President of the Audit Office Member of the Ombudsman Board Member of the Supreme Court of Justice, the Constitutional Court, an Administrative Court or the Higher Administrative Court There is no incompatibility with being a Member of the Federal Government or a State Parliament

5. 5REPUBLIK ÖSTERREICH Parlament 3. “Transparency Package” July 2012 Reforms of the: Political Party Act Criminal Code (Act Amending Anti-Corruption Legislation) Act on the Transparency of Lobbying and Interest Representation Incompatibility and Transparency Act

6. 6REPUBLIK ÖSTERREICH Parlament Incompatibility and Transparency Act I Regulates the admissibility of activities in the private and public sector All information concerning incompatibility has to be given within one month from joining the Parliament Members of Parliament are not allowed to accept any lobby-order The President of the National Council and the chairman/chairwoman of a Parliamentary Group are generally not allowed to have any profession with commercial motivation There is no need to report functions that can only be taken up because of being a Member of Parliament

7. 7REPUBLIK ÖSTERREICH Parlament Incompatibility and Transparency Act II – Obligations to report Every leading position in a stock company, a limited liability company, a foundation or a savings bank Every Employment with a regional authority Every activity for which Members of Parliament get money that is more than a compensation of costs Every leading voluntary activity Gross monthly income in addition to the income as a Member of Parliament - 5 categories: 1-1.000 €, 1.001-3.500 €, 3.501-7.000 €, 7.001- 10.000 € and more than 10.000 €

8. 8REPUBLIK ÖSTERREICH Parlament Incompatibility and Transparency Act III – Consequences All reported information has to be published by the President of the National Council/the Federal Council on the Website of the Austrian Parliament The responsibility for the correctness and completeness of the reported functions and activities lies only with the Members of Parliament The Incompatibility Committee examines only if the already reported functions are compatible with the work as a Member of Parliament If a Member of Parliament engages in an occupation or holds an office without permission, the Incompatibility Committee can file a request for termination of the office with the Constitutional Court

9. 9REPUBLIK ÖSTERREICH Parlament Practical Experience In October 2013 a new database for Members of Parliament to fill in all relevant data (personal data, biographical data, data for the parliament‘s children website, data to transfer the salary) went online Obligations to report because of the Incompatibility and Transparency Act were also implemented Information/Lists for the Website is/are automatically created “Service Centre”

10. Screenshot database “input form” 10REPUBLIK ÖSTERREICH Parlament

11. Screenshot “Who-is-Who-Page” 11REPUBLIK ÖSTERREICH Parlament

12. Screenshot “Transparency Tab” 12REPUBLIK ÖSTERREICH Parlament

13. Screenshot “Incompatibility and Transparency List” 13REPUBLIK ÖSTERREICH Parlament

14. Conclusions Transparency has increased significantly because of the new regulations Members of Parliament are very interested in correct reporting The legal regulations are still very complex – the database should help to prepare the information in a comprehensible way There are discussions but no concrete plans for a real Code of Conduct 14REPUBLIK ÖSTERREICH Parlament

15. 15REPUBLIK ÖSTERREICH Parlament Further information www.parlament.gv.at Alexandra Becker Legal, Legislative and Research Services Austrian Parliament Dr. Karl Renner-Ring 3, A-1017 Vienna Tel. +43 1 40 110-2764 (2608) E-mail: alexandra.becker@parlament.gv.atalexandra.becker@parlament.gv.at