Polish civil service Improving integrity and preventing corruption

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Polish civil service Improving integrity and
preventing corruption

• Dr. Jacek Czaputowicz
• Deputy Head of the Civil Service, Poland
• OECD MENA Initiative
• Working Group on Civil Service Reform and
  Integrity
• Rabat, 18-19 July 2005

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Polish 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

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Professional honesty integrity(public opinion
research)
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Types of corruption
  Source Korupcja, nepotyzm, nieuczciwy
lobbing. Komunikat z badan Corruption, nepotism,
dishonest lobbing. Research Bulletin, CBOS,
Warsaw, January 2004
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Constitution of the RP

• Article 153
• 1. A corps of civil servants shall operate in
  the organs of government administration in order
  to ensure a professional, reliable, impartial and
  politically neutral discharge of States
  obligations.
• 2. The Prime Minister shall be the superior of
  such corps of civil servants.

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Civil Service System
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Civil Service corps members - rights and duties

• civil service employee civil servant

• 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 participating
• in political parties
• Ban on combining employment
• in CS with self-government
• councillors status

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Anti-corruption Act - 1997

• Public 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 companies
• Mechanisms
• profit registry
• annual assets disclosure statement
• declaration concerning the spouses business
  activities
• Scope
• 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

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Anti-corruption strategy

• Objectives
• effective detection of corruption
• implementation of effective mechanism
• improving public awareness and promotion of
  ethical models of behaviour
• System 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)

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Code of Ethics- 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 Nolans Code
• The United States Code of professional ethics of
  civil services employee
• The Ethical code of the United States Public
  Administration Association

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Career position model

• Career system Position system
• France Poland The
  Netherlands, Canada,
• Germany, Estonia
  New Zealand,
• Spain, Sweden,
• Romania, Great Britain
• Bulgaria

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Delegation and individualisation approaches to HR
practices
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Challeges and difficulties

• 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

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Forces behind reforms

• Young people - well educated, with knowledge of
  languages
• National School of Public Administration
• Role of unemployment budgetary constrains
• Public opinions pressure
• Civil societys involvement Transparency
  International, Batory Foundation Anti-corruption
  Program,Institute for Public Affairs
• Role of international institutions UE, OECD,
  SIGMA, Council of Europe, World Bank

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