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Resolution 1903 (2012)
Code of conduct of members of the Parliamentary Assembly: good practice or a core duty?
1. On several
occasions in recent years, the Parliamentary Assembly has expressed
concern about criticism of representative democracy and of the institution
of parliament, about citizens’ disaffection with politics and democratic
procedures, and about the public’s loss of confidence in the effectiveness
of elected assemblies and the integrity of members of parliament.
In Resolution 1547 (2007) on the state of human rights and democracy in Europe
and Resolution 1746 (2010) on democracy in Europe: crises and perspectives, the Assembly
sought to elucidate this “crisis of democracy”, which has been intensified
by the financial and economic crisis.
2. Scandals involving misconduct by parliamentarians at both
national and European level have increased the need for politicians
to behave in an exemplary manner and have led national parliaments
and European parliamentary institutions to draw up rules of conduct.
In this context, the Assembly has sought to improve its institutional
framework so as to promote the principles of transparency, accountability
and integrity by which it sets great store.
3. The Assembly has therefore drawn up rules which aim to prevent
conflicts of interest, cronyism and, in general, any form of corruption
to which members might be exposed during their term of office, while
taking account of the objectives and specific nature of the duties
assigned to them. As a result, principles regarding transparency
and the declaration of interests of Assembly members were adopted
in 2007, a code of conduct for rapporteurs of the Parliamentary
Assembly was adopted in 2011, and specific provisions in the guidelines on
the observation of elections by the Parliamentary Assembly were
drawn up. The Assembly now considers it necessary to establish principles
and rules governing the conduct of all its members and to adopt
a transparent and effective reference framework. This code of conduct
is not intended to replace the aforementioned rules of conduct,
which supplement it.
4. The need to consolidate the rules of conduct applicable to
members also derives from the Parliamentary Assembly’s duty to set
an example as a statutory body of an international organisation
which is at the forefront of the fight against corruption, including
in the field of politics. The Assembly particularly welcomes the
work carried out by the Council of Europe’s Group of States against
Corruption (GRECO), whose activities it intends to follow closely
in the context of its third evaluation round concerning the transparency
of political party funding and its fourth evaluation round, launched
in January 2012, which concerns in particular the prevention of corruption
of members of parliament.
5. By adopting a code of conduct, the Assembly intends to guarantee
the primacy of public interest in its work and, through the establishment
of a system of consistent rules applicable to all its members, to
respond to general concerns arising particularly with regard to
political favouritism, offers of gifts or hospitality to members,
situations of conflicts of interest or the use of members’ mandates
to promote or safeguard personal interests.
6. The code of conduct contains provisions essential for the
proper functioning of an assembly of elected representatives in
a democratic society and with which members are asked to comply
in the performance of their Parliamentary Assembly mandates. The
general principles, which form an integral part of the code of conduct,
are intended to guide members of the Assembly as to the attitude
they should adopt when they face difficult and confusing situations.
7. Members’ conduct is first and foremost a matter of personal
belief and conviction; however, their behaviour has to meet the
expectations of those who placed their confidence in an elected
representative. The Assembly considers that the declared commitment
to abide by the code of conduct depends from the outset on members’
willingness to comply with it, in good faith.
8. The Assembly wishes to introduce greater transparency in its
activities and decision-making process. It is, however, concerned
at the pressure that some interest representatives, acting on behalf
of private entities or States, have exercised on members, even within
the Palais de l’Europe. The Assembly firmly supports a pluralist
culture, but also considers that clear and transparent procedures
should be introduced to regulate interest representatives’ access
to the Assembly. In this context, it recalls its Recommendation 1908 (2010) on lobbying in a democratic society (European Code of
Good Conduct on Lobbying).
9. In view of the above considerations, the Assembly:
9.1. decides to introduce the code
of conduct for members of the Parliamentary Assembly appended hereto,
and consequently:
9.1.1. amends Rule
12 of its Rules of Procedure as follows:
“Rule 12 – Code of conduct for members of the Assembly
12.1. In the exercise of their duties, the members of the Assembly shall undertake to comply with the principles and rules set out in the code of conduct for members of the Assembly, appended to these Rules of Procedure as a complementary text.
12.2. The provisions governing transparency and declarations of interest by members of the Assembly are appended to these Rules of Procedure as a complementary text.”;
9.1.2. decides that these new rules and complementary texts shall
come into force as soon they have been adopted;
9.2. with regard to the rules on access to and movement within
Council of Europe premises by interest representatives during Parliamentary
Assembly sessions, and with a view to clearly identifying members of
interest groups, instructs the Bureau of the Assembly to revise
the rules governing access to the Palais de l’Europe and the use
of the premises, and the appendices to the rules in question;
9.3. with regard to the prerogatives of former members of the
Assembly, instructs the Bureau of the Assembly to amend the special
rules on honorary association with the Parliamentary Assembly, and
the special rules on the title and prerogatives of Honorary President
of the Parliamentary Assembly of the Council of Europe, pursuant
to paragraph 16 of the appended code of conduct.
10. The Assembly also invites the national parliaments of Council
of Europe member States to:
10.1. co-operate
with GRECO in the context of the third and fourth evaluation rounds
and to continue to promote anti-corruption strategies;
10.2. draw on the provisions of the appended code of conduct
in respect of all current ethical rules and rules of conduct concerning
their members or in respect of any rules they may need to develop.
11. Lastly, the Assembly instructs its Bureau to review the guidelines
for the observation of elections by the Parliamentary Assembly in
the light of the provisions of the appended code of conduct, with
a view to amending the provisions concerning conflict of interest
and clarifying the declaratory requirements incumbent on members
of ad hoc committees.
Appendix – Code of conduct for members of the Parliamentary Assembly of the Council of Europe
(open)Purpose of the code of conduct
1. The purpose of this code is
to provide a framework of reference for members of the Parliamentary Assembly
of the Council of Europe in the discharge of their duties. It outlines
general principles of behaviour which the Assembly expects of its
members. By adhering to these standards members can maintain and strengthen
the openness and accountability necessary for trust and confidence
in the Parliamentary Assembly.
Scope of the code of conduct
2. This code applies to members
in all aspects of their public life relevant to their duties as
members of the Parliamentary Assembly.
3. Its provisions complement the obligations on members of the
Parliamentary Assembly to abide by the rules of conduct, as well
as resolutions of the Assembly and decisions of the President relating
to members’ conduct and discipline.
4. The application of this code shall be a matter for the Assembly.
Guidance on all matters covered by this code of conduct and situations
which may arise from its application may be sought from the Secretary
General of the Parliamentary Assembly.
General principles of behaviour
5. While performing their mandate
as members of the Parliamentary Assembly, members shall:
5.1. carry out their duties responsibly
with integrity and honesty;
5.2. take decisions solely in the public interest, without
being bound by any instructions that would jeopardise members’ ability
to respect the present code;
5.3. not act in such a way as to bring the Assembly into disrepute
or tarnish the Assembly’s image;
5.4. use the resources available to them responsibly;
5.5. not use their public office for their, or anyone else’s,
private gain;
5.6. declare any relevant interests relating to their public
functions and take steps to resolve any conflicts arising in a way
that protects the public interest;
5.7. promote and support these principles by leadership and
example;
5.8. undertake to comply with the Rules of conduct hereafter.
6. These principles will be taken into consideration when any
complaint is received of breaches of this code of conduct.
Rules of conduct
7. Members shall respect the values
of the Council of Europe and the general principles of behaviour
of the Assembly and not take any action which would cause damage
to the reputation and integrity of the Assembly or its members.
8. Members shall avoid conflicts between any actual or potential
economic, commercial, financial or other interests on a professional,
personal or family level on the one hand, and the public interest
in the work of the Assembly on the other, by resolving any conflict
in favour of public interest; if the member is unable to avoid such
a conflict of interests, it shall be disclosed.
9. Members shall draw attention to any relevant interest by an
oral declaration in any proceedings of the Assembly or its committees,
or in any relevant communications.
10. No member shall act as a paid advocate in any work of the
Assembly.
11. Members shall not request or accept any fee, compensation
or reward intended to affect their conduct as members, particularly
in their decision to support or oppose any motion, report, amendment,
written declaration, recommendation, resolution or opinion. Members
shall avoid any situation that could appear to be a conflict of
interests or accept an inappropriate payment or gift.
12. Members shall not use their position as a member of the Parliamentary
Assembly to further their own or another person’s or entity’s interests
in a manner incompatible with this code of conduct.
13. Members shall use information with discretion, and in particular
shall not make personal use of information acquired confidentially
in the course of their duties.
14. Members shall register with the Secretariat of the Assembly
any gifts or similar benefits (such as travel expenses, accommodation,
subsistence, meals or entertainment expenses) of a value in excess
of €200 that they accept in the performance of their duties as Assembly
members.
15. Members shall ensure that their use of expense claims, allowances,
facilities and services provided by the Council of Europe is strictly
in accordance with the relevant regulations laid down on these matters.
16. Former members of the Parliamentary Assembly involved in representing
and fostering another person’s or entity’s interests in the Parliamentary
Assembly shall not, throughout the period of such activity, benefit
from the prerogatives of the honorary associates or the Honorary
President of the Parliamentary Assembly as far as the distribution
of documents and the access to the buildings and meeting rooms are
concerned.
Observance of the code of conduct
17. If a member is believed to have
acted in breach of the code of conduct, the President of the Assembly may
seek clarification and further information from the member concerned,
the chairperson of the member’s national delegation, the chairperson
of the member’s political group or the chairperson of the member’s committee.
18. If necessary, the President of the Assembly may seize the
Committee on Rules of Procedure, Immunities and Institutional Affairs
to examine the circumstances of the alleged breach and make a recommendation
as to a possible decision to be taken by the President.
19. Should the President of the Assembly decide that the member
failed to comply with the code of conduct, he or she may prepare
a reasoned statement to be read out in the Assembly if need be.
20. Members shall co-operate, at all stages, with any investigation
into their conduct by or under the authority of the Assembly.