Resolution 1799 (2011) Final version

Code of conduct for rapporteurs of the Parliamentary Assembly

Author(s): Parliamentary Assembly

Origin - Text adopted by the Standing Committee, acting on behalf of the Assembly, on 11 March 2011 (see Doc. 12524, report of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Mr Mignon).

1. In order to guarantee their good governance, numerous national parliaments or interparliamentary organisations have introduced moral or ethical rules by which their parliamentarians are bound. Those rules or codes of conduct are aimed at preventing conflicts of interest, cronyism and, in general, any type of corruption to which the parliamentarians might be exposed during their term of office, in order to preserve citizens’ confidence in the integrity of the parliamentary institution. The responsibility of parliamentarians, which implies that they are accountable for their actions, and the transparency of those actions, are a fundamental requirement of democracy.

2. To give that requirement tangible form, the Parliamentary Assembly adopted, in 2007, principles regarding transparency and the declaration of interests of Assembly members.

3. The nature of rapporteurs’ duties leaves them particularly exposed to political, economic or financial pressures, which may emanate from public authorities or private interests. The Assembly may therefore justifiably expect its rapporteurs to comply with certain rules of ethical behaviour and professional conduct in the exercise of their duties.

4. Accordingly, the Assembly decides that it should introduce a code of conduct for rapporteurs of the Parliamentary Assembly and, consequently to:

4.1. add to Rule 48.1 of the Rules of Procedure, in fine, the following sentence:

“In the exercise of their duties, the rapporteurs shall comply with the rules set forth in the code of conduct for rapporteurs of the Parliamentary Assembly.”;

4.1. insert in the complementary texts the code of conduct for rapporteurs of the Parliamentary Assembly appended hereto.

5. The Assembly decides that the new regulatory and para-regulatory provisions set out in the present resolution shall enter into force upon their adoption.

Appendix - Code of conduct for rapporteurs of the Parliamentary Assembly

Pursuant to Rule 48.1 of the Assembly’s Rules of Procedure, the following rules shall be applicable to the rapporteurs of the Parliamentary Assembly in the exercise of their duties:

1. Rules of conduct for rapporteurs:

1.1. principle of neutrality, impartiality and objectivity, including in particular:

1.1.1. undertaking not to have any economic, commercial, financial or other interests, on a professional, personal or family level, connected with the subject of the report, and obligation to declare any relevant interests;

1.1.2. undertaking not to seek or accept instructions from any government or governmental or non-governmental organisation, or pressure group or individual;

1.1.3. undertaking not to accept any reward, honorary distinction, decoration, favour, substantial gift or remuneration from a government or governmental or non-governmental organisation, a pressure group or an individual in connection with activities carried out in the exercise of their duties;

1.1.4. undertaking to refrain from any act which may cast doubt on their neutrality;

1.2. obligation of discretion, in particular the undertaking not to make personal use of information acquired in the course of their duties;

1.3. undertaking of availability, in particular:

1.3.1. undertaking to attend committee meetings, Assembly sessions and Standing Committee meetings in connection with their duties;

1.3.2. undertaking to report to the committee;

1.3.3. undertaking to carry out all necessary fact-finding visits;

1.4. undertaking to present a timetable of action to the committee in keeping with the mandate, together with a deadline for submitting their draft report (in line with Rule 25.3 of the Assembly’s Rules of Procedure);

1.5. undertaking to respect the values of the Council of Europe.

2. Rules applicable to the conduct of fact-finding missions:

2.1. undertaking that any fact-finding mission should be consistent with and take place within the framework of the rapporteur’s mandate;

2.2. undertaking to act in a manner respectful of the laws and regulations of the country in which the fact-finding mission takes place.

3. Penalty for breaching the rules: Should a rapporteur fail to honour one or more undertakings, the committee may withdraw his or her mandate and replace him or her.

4. Any appointed rapporteur shall be given a copy of the present code of conduct.