Ref. Ares(2020)5015182 - 24/09/2020
Staff ethics and
conduct
Training offer for the
new Cabinets
KEY ETHICAL OBLIGATIONS
STAFF REGULATIONS - Articles 11 to 26
• To carry out our duties
objectively,
independently,
impartially and to conduct
ourselves solely with the interest of the Union in mind (
duty of loyalty);
• To abstain from dealing with a matter in which we have a
personal interest
such as to impair our independence, and to notify this situation to the
Appointing Authority (
conflict of interest);
• To refrain from any action or behaviour which might reflect negatively on our
position and/or the Institution (
dignity of the function);
• To refrain from any
unauthorised disclosure of information received in the
line of duty, unless that information has already been made public or is
accessible to the public, even after leaving the service;
• To exercise the right to
freedom of expression, with due respect to the
principles of
loyalty and
impartiality;
• To report facts pointing to the existence of fraud, corruption or serious
irregularity.
KEY ACTIONS
Declare
spouse’s employment
Seek prior authorisation for any
outside activity during active service or
leave on personal grounds
Seek prior authorisation for any professional
activity after leaving the service
(2 years)
Notify (1) intention to stand for election (2) appointment to
public office
Notify beforehand
publication on matters dealing with the work of the Union
Gifts or favours - “no thank you” principle
CONFLICT OF INTEREST
“An official shall not, in the performance of his duties and
save as hereinafter provided, deal with a matter in which,
directly or indirectly, he has any personal interest such as
to impair his independence, and, in particular, family and
financial interests.” (SR, art. 11(a))
Cases T-89/01- Willeme c/ Commission (2002), T-21-01 - Zavvos c/
Commission (2002)
OBLIGATIONS IMPOSED ON STAFF
Staff member required to inform the Appointing Authority of a
situation where he/she is called to deal with a matter in which
she/he has a personal interest "such as to impair his/her
independence", and to abstain from dealing with this matter.
The
Appointing Authority must take any appropriate measure
to avoid the conflict of interest.
GIFTS AND HOSPITALITY
"NO, THANK YOU" PRINCIPLE
Authorisation possible if required by/in line with
diplomatic and courtesy usage AND no conflict of
interest
Relevant
criteria
can
be:
Apparent motive, destination of offer, value of offer,
function of staff member, benefits for the service…
Rules: Guidelines on Gifts and Hospitality SEC (2012) 167
final
GIFTS AND HOSPITALITY
GIFTS
Up to 50 EUR
Can be
accepted without authorisation unless circumstances
require particular caution
50-150 EUR
Explicit authorisation needed
Over 150 EUR
To be refused
HOSPITALITY
No fixed value limits
Common sense and transparency approach :
Taking into account who offers and the perception it gives
Prior authorisation presumed to be granted for working lunches/dinners,
occasional offers of simple meals, refreshments etc.
OUTSIDE ACTIVITIES
Commission Decision on outside activities and assignments and occupational
activities after leaving the Service
What is an outside activity in the meaning of the Decision?
Any activity
, paid or unpaid, that:
o
is not part of the staff member’s duties at the Commission, including
those covered by a mission order or an authorisation to travel for work-
related reasons such as giving a speech or a presentation, and
o
cannot reasonably be considered
a hobby or leisure activity.
Simple participation to an association, practising sport, helping hand in a
charity organisation are
NOT activities in the meaning of the Decision
If it is not an activity you should not declare it as such but other ethical rules
still apply
e.g. investing in shares could constitute an ad hoc conflict of interest
OUTSIDE ACTIVITIES (2)
Some activities no longer require notification if:
•
Unpaid
•
Not professional or commercial activities
•
No impact on the reputation of the Commission
•
No conflict of interest
•
Performed outside working hours
notably charitable, teaching, well-being, sport activities
Professional and commercial activities assessed on a case-by-case
• Authorisation on case-by-case basis: prohibition if interference with staff duties,
incompatible with the interest of the Commission or exceeding maximum ceiling of
remuneration (
10 000 EUR p.a. net)
No need to renew requests every year if no change in the activity or not changing post
OUTSIDE ACTIVITIES (3)
Leave on personal grounds
Article 12b of the Staff Regulations continues to apply
during a period of leave on personal grounds
Staff members on leave on personal grounds should
request prior permission for any outside activity or
assignment
No permission to engage in an occupational activity or
assignment which involves lobbying or advocacy vis-à-vis
the institution and which could lead to a conflict of interest
CONFIDENTIALITY,
PUBLICATIONS, SOCIAL MEDIA
Article 17 of the Staff Regulations
1. An official shall refrain from any unauthorised disclosure of
information received in the line of duty, unless that
information has already been made public or is accessible to
the public.
2. An official shall continue to be bound by this obligation
after leaving the service.
CONFIDENTIALITY, PUBLICATIONS, SOCIAL MEDIA
Types of information
Public
Europa
Commission staff
MyIntracomm
Sensitive non-classified
Subject to security marking/SECEM transmission
Classified
Subject to EUCI rules
FREEDOM OF EXPRESSION
• Information to the Appointing Authority in advance
• Serious prejudice to the legitimate interests of the Union?
• 30-day deadline for AA to reply
• Absence of AA reply = no objections
• Former staff members not covered by this provision
• Case-law C-274/99 (Connolly v. Commission) (41)
…”limitations must … be interpreted restrictively”
Conduct at work
Psychological harassment means any improper conduct that takes
place over a period, is repetitive or systematic and involves physical
behaviour, spoken or written language, gestures or other acts that are
intentional and that may undermine the personality, dignity or physical or
psychological integrity of any person.
Sexual harassment means conduct relating to sex which is unwanted by
the person to whom it is directed and which has the purpose or effect of
offending that person or creating an intimidating, hostile, offensive or
disturbing environment. Sexual harassment shall be treated as
discrimination based on gender.
(Article 12a SR).
Conduct at work (2)
Informal procedure
Confidential counsellors
Mediation Service
Formal procedure
Request under Art. 24 SR
Inquiry (IDOC)
Disciplinary procedure
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Document Outline