DEONTOLOGY IN THE BELGIAN HOUSE OF REPRESENTATIVES

ECPRD Seminar Skopje – May 8, 2014

Session 2Structures and Procedures for Implementation

of the Codes of Conduct in the National Parliaments

OVERVIEW

1. IncompatibilitiesFinancial ceiling (1999)

2. Statements of offices held (2005)Declarations of assets (2005)

3. Code of Deontology of the House (2013)

1. INCOMPATIBILITIESAND

FINANCIAL CEILING

Act of 1931 modified by an Act of 1999

1.1 Absolute incompatibilities1.2 Relative incompatibilities1.3 Financial ceiling

1.1 Absolute incompatibilities

- Limited enumeration in the Act of 1931:public offices (elected or not);judicial functions;private sector employment (attorney for the state).

- Constitution: Minister, MP in other Parliament.

- Acts regulating public institutions: railway, post, ...

1.2 Relative incompatibilities (1999)

MP + “one paid executive mandate”:

- Mayor, alderman, President social council;- Representative of a public authority in a

private or public institution with more competences than an ordinary Board or General Council member [especially (V)P];

- More than 672,39 EUR/month.

1.3 Financial ceiling

In case of plurality of public offices :

max. 1,5x parliamentary alllowance.

2. Statements of offices held Declarations of assets

Objective

Transparency and equal treatment.Information to the public.

Statements of offices – conflicts of interests.Declaration of assets – illegal enrichment.

2. Statements of offices held Declarations of assets

Procedure

MPs amongst other political representatives.

Statement of offices : public and private functions, indicating “remunerated or not” – no amounts.

Declaration of assets : assets and liabilities, in a sealed envelope.

To submit yearly to the Court of Audit.

2. Statements of offices held Declarations of assets

Publicity

Statements of offices published in Official Gazette.Rectifications possible (by subjects and third persons), contradictory procedure.

Declarations of assets : only judicial authorities can consult in case of a criminal procedure for an offence in the performance of parliamentary duties.

2. Statements of offices held Declarations of assets

Sanctions

List of defaulting (MPs) in Official Gazette.

Failure to submit = criminal offence : fine of 600 till 6000 EUR.

3. Code of Deontology

3.1 Federal Commission on Deontology

3.2 Code of Deontology of the House

3.1 Commission on Deontology

Independent body.

Advisory body (no punishing authority):- confidential individual opinions;- general opinions and recommendations.

Will draft a Code for public officers, except for MPs.

3.2 Code of Deontology of the House

Result of the 6th State Reform (2011).

November 2013.

New article in the Rules of Procedure that refers to the Code as annex of those Rules.

20 articles, 6 pages.

3.2 Code of Deontology of the House

Triple objective:- improve relations MPs-citizens;- framing/ contextualising work of MPs;- reinforce role of Parliament.

Orientated towards political services.

Citizens can deduce also guidelines for their behaviour.

MPs can be “punished” in next elections.

3.2 Code of Deontology of the House

MPs + staff members & 3rd persons acting in their name.

General rules on conduct (integrity, honesty, dignity, ...).

Title or prerogatives of MP may not be used for other purpose than performance of their duty. MPs have a referral function, they are themselves no complaints department. MP is not a mediator !

General interest > private interest.

3.2 Code of Deontology of the House

Conflict of interest:

“if a personal interest could have an undesirableinfluence on MPs’ duties” .

“personal” = in a large sense (see Council of Europe).

Affection of a personal situation is not sufficient.

Ask Commission for individual opinion in case of doubt.

3.2 Code of Deontology of the House

Conflict of interest

Has to be mentioned orally or written beforemaking any oral or written statement andbefore voting in committee or plenary.

3.2 Code of Deontology of the House

No financial or material advantages in exchange for acts accomplished in the performance of MPs’duties (except for symbolic gifts / reimbursment of costs).

No discrimination between citizens (see Constitution).

Informational and referral function (but no information to which citizens have no access).

3.2 Code of Deontology of the House

Interventions :acts in favour of citizens in the treatment of their file.

No- violation of separation of powers (incl. respect public services);- influencing or accelarating of adminstrative or judicial procedures ;- illicit or illegal favours;- sham interventions (faked) or interpositions (undemanded).

specific intervention : entrance into office

- informational / referral function;- no favouritism if MP in selection committee;- assistance to candidates after selection procedure

is possible.

Letters of recommendation are authorised.

3.2 Code of Deontology of the House

3.2 Code of Deontology of the House

Publicity

Limited to minimal necessary contact information,

except for political publications .

3.2 Code of Deontology of the House

Compliance

For the moment no sanctions.

But some articles repeat criminal provisions (e.g. corruption).

Commission can issue ex officio recommendations.

Political groups make summaries of problems to help theCommission for issuiing its opinions.

DEONTOLOGY IN THE BELGIAN HOUSE OF REPRESENTATIVES