Polish civil service Improving integrity and preventing corruption Dr. Jacek Czaputowicz Deputy Head...
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Polish civil servicePolish civil service Improving integrity and preventing corruptionImproving integrity and preventing corruption
Dr. Jacek CzaputowiczDeputy Head of the Civil Service, Poland
OECD MENA InitiativeWorking Group on Civil Service Reform and Integrity
Rabat, 18-19 July 2005
Polish experiencePolish experience
Under the communist regime:
• no clear legal rules concerning the system of civil service, recruitment, promotion and training
• arbitrary decision in different sectors of public administration
• demonstration of political loyalty
Professional honesty & integrityProfessional honesty & integrity(public opinion research)(public opinion research)
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62% 57%
43%41%33%30%
20%19% 16%15%10% 9% 9% 6%
0%
20%
40%
60%
80%
rate of affirmative opinions
Types of corruptionTypes of corruption
Type of corruption Incidence:frequent and very frequent
Nepotism 87%
Bribery 84%
Settlement of contracts:- for friends- for own profits
81%78%
Financing of parties from public money
74%
Source: Korupcja, nepotyzm, nieuczciwy lobbing. Komunikat z badań [Corruption, nepotism, dishonest lobbing. Research Bulletin], CBOS, Warsaw, January 2004
Constitution of the RPConstitution of the RP
Article 153Article 153
1. A corps of civil servants shall operate in the organs of 1. A corps of civil servants shall operate in the organs of government administration in order to ensure a government administration in order to ensure a professional, reliable, impartial and politically neutral professional, reliable, impartial and politically neutral discharge of State’s obligations.discharge of State’s obligations.
2.2. The Prime Minister shall be the superior of such corps of The Prime Minister shall be the superior of such corps of civil servantscivil servants..
Civil ServiceCivil Service System System
cu rren tem p loyees6 m onths
2 years
em ploym ent contractof l im ited duration
em ploym ent contractof unlim ited duration
nom ination
com p etit ion s fo r sen io r p os it ion s
q u a lifica tion p roced u re
p rep ara to ry service an d exam in a tion
rec ru itm en t o f em p loyees
Civil Service corps Civil Service corps members members
- rights and duties- rights and duties
Ban on the public manifest of political beliefs
Ban on participating in strikes and actions of protest, which interfere with functioning of the office
Ban on performing functions within trade unions
Ban on establishment or participatingin political parties
Ban on combining employmentin CS with self-government
councillor’s status
civil service employee civil servant
Anti-corruption Act - 1997Anti-corruption Act - 1997Public officials cannot:• be members of management, supervisory boards, audit commissions
or be employed in companies under commercial law• be members of executive boards of foundations that conduct
business activity• hold more than 10% of the shares in companiesMechanisms:• profit registry• annual assets disclosure statement• declaration concerning the spouse’s business activitiesScope:• Highest state officials and Constitutional Tribunal members• Managerial positions in government and local administration• DG and control officials of Supreme Control Chamber• State-owned agencies, enterprises and banks management
Anti-corruption strategyAnti-corruption strategyObjectives:• effective detection of corruption• implementation of effective mechanism• improving public awareness and promotion of ethical
models of behaviourSystem should include:• reorganisation of legislation• propagation the knowledge on the hazards and
consequences of corruption practices• importance of high-level leadership, civil society
participation and scrutiny• engagement of relevant professional groups (judges,
academies)
Code of EthicsCode of Ethics- constitutional principles- constitutional principles
The civil service corps members shall:- perform their duties reliably- enhance their competencies- be impartial in the execution of their assignment and duties- be politically neutral
• Inspirations- The Recommendation made by the Committee of Ministers of
the Council of Europe No R (2000)10 - The Nolan’s Code - The United States Code of professional ethics of civil services
employee - The Ethical code of the United States Public Administration
Association
Career & position Career & position modelmodel
Career system Position system
France Poland The Netherlands, Canada,
Germany, Estonia New Zealand,
Spain, Sweden, Romania, Great Britain Bulgaria
Delegation and individualisation approaches Delegation and individualisation approaches to HR practicesto HR practices
Challeges and Challeges and ddifficultiesifficulties
• Change of mentality and habits
• Lack of sufficient financial resources
• High influence of political pressure groups particularly in local administration
• Fragmentation of Public Administration – a need for the whole government approach
• Tension between the long-term and short-term perspectives
• Strengthening the civil service & ethical behaviour
Forces behind reformsForces behind reforms• Young people - well educated, with knowledge of
languages
• National School of Public Administration
• Role of unemployment & budgetary constrains
• Public opinion’s pressure
• Civil society’s involvementCivil society’s involvement: : Transparency International, Batory Foundation: Anti-corruption Program,Institute for Public Affairs
• Role of international institutions:Role of international institutions: UE, OECD, SIGMA, Council of Europe, World Bank