Proposal of MPs’ Code of Conduct within the framework of 'fight against corruption'

in the Czech Republic

Jan Němec

nemecj@psp.cz

MPs’ Code of Conduct 2005: failed attempt

• Reaction on a scandal - alleged attempt to “buy” an MP

• Elaborated by the Speaker of the Chamber of Deputies

• Declaration of received presents

• Regulation of contact with lobbyists

• Against party groups switching

• Against nepotism

• Sanction: apology in the plenum

• On voluntary basis – signed by only 9 out of 200 MPs

Corruption Perception Index

TI Surveys: Most corrupted institutions

• 2011: 1 not corrupted, 5 extremely corrupted– Political parties: 3,8– Public officials: 3,7– Parliament: 3,6

• 2013:– Political parties: opinion of 73% of respondents– Public officials: 71%– Parliament: 59%

TI Surveys

Over the past two years how has the level of corruption changed?– Increased: 2011 – 44%, 2013 – 57%– Stayed the same: 2011 – 42%, 2013 – 36%– Decreased: 2011 – 14%, 2013 7%

How effective do you think your government's actions are in the fight against corruption?– Inefective: 2011 60%, 2013: 72%– Neither efffective nor ineffective: 2011 – 29%, 2013 – 24%– Effective: 2011 – 12%, 2013 – 4%

Corruption as electoral issue

• 2009: successful no confidence vote (alleged corruption)

• 2010: anti-corruption “Public Affairs” party enters Parliament and consequently also the government („government of fight against corruption“)

• 2013: anti-corruption Movement of Dissatisfied Citizens 2011 (ANO 2011) and Dawn of Direct Democracy enter Parliament, ANO 2011 in the new coalition government

“Government of fight against corruption”

• Among other goals:– Public procurement regulation– Regulation of lobbying– MPs Code of Conduct

• Deputy PM for fight against corruption• Special joint (government and parliament) working group • Draft of MPs’ Code of Conduct finished in May 2013• Summer 2013: resignation of PM (corruption scandal),• October 2013: early election in October• January 2014: new government coalition.

2013 Draft MPs’ Code of Conduct

• Explanatory Memorandum:• general public expects MPs would be impartial, professional

and honest;• MPs mandate is equal to any other job; thus, adoption of list

of rights and duties will provide equality;• Adoption of CoC is an expression of MPs’ willingness to

exert their mandate in accordance with expectations of voters, in a transparent way and according to good manners;

• CoC supports public trust in elected representatives;• The draft adopts several provisions from the MEP Code of

Conduct.

Ethical Commission

• At least 5 members, at least one from each party group on parity basis

• President elected by the

• Initiative can be done by any MP (not general public)

• Decisions on breaches of CoC made by two thirds of present members, secret vote

• Decision shall be taken within 30 days since the beginning of the procedure

• Withnin 7 days after the decision report shall be published on the web