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