- Under Article 27 of the Staff Regulations of Officials of the European Communities and Article 12 of the CEOS, staff of the European institutions must possess the highest qualities of competence, performance and integrity. The rules of conduct it lays down apply to all staff of the European Parliament.
* Articles 11 and 81 of the CEOS provide for the application by analogy of Title II of the Staff Regulations to temporary and contract agents.
- An official or servant is required to comply both with the provisions governing the performance of their duties and with certain provisions touching on the extra-professional sphere. Failure to comply is sanctioned by the competent authority (Appointing Authority for officials; Authority Authorised to Conclude Contracts of Employment for agents).
- The objective of the code of conduct is to explain to officials and servants their professional and ethical obligations by enabling them to better understand the scope and spirit of the applicable provisions.
- It is a "user guide" to the various applicable provisions. The code must be read in conjunction with the statutory texts and internal regulations.
- In case of doubt as to the appropriate course of action, the official is invited to contact the Personnel Management and Careers Unit of the Directorate-General for Personnel.
Internal regulation · European Parliament
Guide on the obligations of officials and servants
Code of Good Conduct
Adopted by the Bureau on 7 July 2008 · Ref. Art. 11, 15, 27, 55, 56 of the Staff Regulations + Art. 11, 12, 16, 17, 81, 91 of the CEOS
Code of Good Conduct
Guide on the obligations of officials and servants of the European Parliament
Chapter I
General obligations
The general obligations apply to officials and servants both in the performance of their duties and in their extra-professional life: the obligation of independence, the duty of discretion and of confidentiality. They were established to preserve the activity and reputation of the European Union and its staff.
- The obligation of independence is an absolute requirement. It applies in respect of national authorities, political forces and pressure groups, and implies an obligation of personal disinterestedness for the benefit of the interests of the European Union.
- The official or servant must "perform his duties and conduct himself solely with the interests of the Communities in mind, and shall neither seek nor take instructions from any government, authority, organisation or person outside his institution" (Article 11, paragraph 1 of the Staff Regulations).
- To guarantee this independence, the Staff Regulations provide, through Articles 11, 11a, 12c and 13, a system of express authorisations and reporting obligations.
- Authorisation from the competent authority is required to receive from a government or an external source an honorary distinction, decoration, favour, gift or remuneration of any kind whatsoever (Article 11, paragraph 2 of the Staff Regulations). Only gifts with a value of less than 100 euros may be accepted without prior authorisation.
- Each individual's vigilance is called upon regarding the risks represented by the aggressive commercial practices of certain firms or by possible promises of employment after leaving the service.
- The official or servant must adopt, in relation to pressure groups (lobbies), conduct consistent with the independence of their function and the principle of integrity.
- The interest presented by the development of the role and powers of our institution must lead the official or servant to exercise the greatest caution in this area.
- The reference made by Article 11 to "honorary distinctions" encompasses any form of reward, even gratuitous, which could create confusion between private relationships and the responsibilities incumbent on the official or servant.
- Article 12c, paragraph 1 of the Staff Regulations requires officials and servants to request authorisation when they intend to engage in an outside activity or mission, whether remunerated or not. This authorisation "shall be refused only if the activity or assignment is such as to interfere with the performance of his duties or is incompatible with the interests of his institution".
- Officials or servants may not combine public and private employment. Requests for employment as translators, doctors, architects, tenured professors, lawyers, typists, for commercial activities, etc. are systematically refused.
- Authorisation is granted only for a specific activity and for one year. If the activity continues beyond one year, the official or servant must renew their request.
- Participation in conferences or colloquia as an official is not covered by Article 12c. No fees may be received.
- Leisure, charitable and similar activities are not subject to authorisation.
- An official or servant authorised to engage in an outside activity may not accept any remuneration other than reimbursement of expenses directly related to that activity.
- Authors' rights and other rights relating to work carried out by officials or servants are excluded from the provisions mentioned above, subject to Article 18 of the Staff Regulations.
- In accordance with Article 11a of the Staff Regulations, an official or servant may not, in the performance of their duties, deal with a matter in which they have a direct or indirect personal interest. If required to deal with such a matter, they must immediately inform the competent authority.
- An official or servant may not have personal interests liable to conflict with those of the European Union. The Staff Regulations notably prohibit them from "retaining or acquiring, directly or indirectly, in the undertakings subject to the supervision of the institution, interests of such a nature or of such a size as to be capable of impairing their independence in the performance of their duties".
- If the spouse pursues a gainful professional activity, a declaration must be made to the Appointing Authority. Where such activity proves to be incompatible with that of the official, the Appointing Authority shall decide whether the official should be retained in his post or transferred (Article 13 of the Staff Regulations).
- Article 16 of the Staff Regulations provides that an official or servant is required, after leaving the service, to observe the duties of integrity and discretion as regards the acceptance of certain functions or benefits. Any professional activity in the two years following the cessation of duties must be declared to the institution.
- The Staff Regulations state that "an official shall refrain from any action or behaviour which might reflect adversely on his position" (Article 12 of the Staff Regulations).
- An official or servant, while benefiting from freedom of expression, must exercise a degree of restraint and behave in all circumstances with moderation and propriety.
- Failures to observe the duty of discretion are assessed in the light of the nature and level of responsibilities exercised and the circumstances.
- The duty of discretion differs from the duty of confidentiality relating to files and information of which the official or servant has become aware in the course of their duties.
- The duty of discretion does not prevent an official or servant from participating in public life, but the Staff Regulations specifically regulate candidacy for elections and the publication of texts.
- If the interview or broadcast is directly related to their function, the official or servant must be expressly mandated by a decision of their Director-General or the Secretary-General.
- Under Article 17, paragraph 1 of the Staff Regulations, "an official shall refrain from any unauthorised disclosure of information received in the course of the performance of his duties". This obligation remains binding after leaving the service.
- The duty of confidentiality concerns the internal life and actions of the institution whose confidential nature is presumed.
- Authorisation from the competent authority is required to allow an official or servant to "make any statement in legal proceedings in any capacity regarding matters which have come to his knowledge in the course of the performance of his duties" (Article 19 of the Staff Regulations).
- According to the case law of the Court of Justice, authorisation is also required for actively assisting in national judicial proceedings.
- However, such authorisation is not required if the official is called to testify before the Court of Justice or before the Disciplinary Board.
- If standing for elective public office, the official or servant must notify the institution and ensure a distinction is made between their status as a candidate and their functions within the institution.
- On the basis of Article 15, paragraph 1 of the Staff Regulations, they must inform the competent authority (annex 4). If elected or appointed, they must immediately inform the competent authority (annex 5).
- The competent authority decides whether the official must apply for leave for personal reasons, be granted annual leave or be authorised to work part-time.
- An official who is a candidate or elected in European or national elections, or appointed to high political office, is placed on leave for personal reasons for a period equal to the duration of the election campaign or their mandate.
- Article 17a, paragraph 2 of the Staff Regulations provides that an official who intends to publish a text related to the activities of the Communities shall inform the Appointing Authority in advance. If the Appointing Authority does not notify a decision within 30 working days, it shall be deemed to have raised no objection.
- If the competent authority does not demonstrate within the abovementioned period that the publication is liable to seriously prejudice the legitimate interests of the Communities, the publication may proceed.
- Generally, the competent authority does not raise an objection if the official or servant states that the text represents only their personal view.
- Outside the service and insofar as the activities of the European Union are not concerned, freedom of expression prevails and allows the official or servant to collaborate in publications of a literary, artistic or scientific nature.
Chapter II
Service obligations
The mission of an official or servant is to serve the institution by exercising the responsibilities conferred upon them. From this notion of service flow several duties: duty of availability, duty to perform their functions, duty of respect, assistance and advice towards superiors, duty to respect colleagues, loyal cooperation, and observance of the laws and regulations in force.
- On the basis of Article 55 of the Staff Regulations, an official or servant in active service is at the disposal of the institution at all times. They must observe the service timetable, respect the legal working hours and the leave arrangements.
- This provision allows the institution to require them to perform overtime*, to recall them when they are on annual leave, to refuse leave or to cancel authorised leave. All such decisions must be duly reasoned.
* Exclusively in cases of urgency or exceptional pressure of work, up to a maximum of 150 hours over a period of 6 months.
- Article 20 of the Staff Regulations provides that an official or servant is required to reside at their place of assignment or at a distance such as not to impede the performance of their duties.
- Article 60 of the Staff Regulations requires prior authorisation from the competent authority to spend sick leave away from the place of assignment.
- At any time, an official or servant on sick leave may be subjected to a medical check organised by the institution.
- On the basis of Article 21 of the Staff Regulations, an official or servant is responsible for the performance of the tasks assigned to them. They must devote themselves to carrying out the work attaching to the post held and may not pass this work on to colleagues. The duty to perform duties also implies a duty of collaboration between colleagues.
- The duty to perform duties is sometimes accompanied by the obligation to wear a uniform, chosen and paid for by the institution.
- Under Article 22 of the Staff Regulations, an official or servant may be required to make good, in whole or in part, the damage suffered by the Communities as a result of serious personal misconduct committed in the performance of their duties.
- Whatever their rank, an official or servant is required to assist and advise their superiors (Article 21, first paragraph, of the Staff Regulations), which implies the duty to cooperate actively and loyally with them.
- An official or servant entrusted with the management of a service is responsible for the authority conferred upon them and the execution of the orders they have given. The individual responsibility of their subordinates does not relieve them of any of their own responsibilities.
- An official or servant may neither fail to apply, nor distort in applying, an order received from superiors.
- The obligation to execute orders received has limits, set out in Article 21a of the Staff Regulations. In no case is an official or servant required to execute an order that is manifestly unlawful or contrary to applicable safety standards.
- Every official is in the service of the European Parliament and must help to enable their institution to best fulfil the missions conferred on it by the Treaties.
- An official or servant must in no case affront the dignity of colleagues through inappropriate behaviour or aggressive or defamatory remarks. Such behaviour is liable to disciplinary sanctions. The same applies to any form of psychological or sexual harassment, as provided for in Article 12a of the Staff Regulations.
- Attitudes such as refusing to follow instructions received or reporting for duty in a state incompatible with the dignity associated with the performance of the functions can in no case be tolerated.
- The responsibility of every official or servant implies respect for the esprit de corps and the proper functioning of the Secretariat-General. No one may shelter behind the description of their functions to avoid concerning themselves with a malfunction of which they have become aware.
- In the framework of a duly initiated administrative inquiry, every official or servant is required to cooperate fully and to produce all the elements at their disposal as well as useful explanations.
- Every official or servant is required to collaborate closely with the control operations officially conducted by the authorised Community institutions and bodies, notably the Court of Auditors, the European Ombudsman and the European Anti-Fraud Office (OLAF).
- Any official or servant who becomes aware of facts suggesting the possible existence of fraud or corruption must without delay inform their hierarchy or, if they consider it appropriate, the Secretary-General or directly OLAF.
- Rumours and speculation are not facts and a malicious denunciation would engage the personal responsibility of its author.
- Conclusions naming an official or servant may not be drawn at the conclusion of an inquiry without the person concerned having had the opportunity to express their views on all the facts that concern them.
- Under Article 23 of the Staff Regulations, "the privileges and immunities enjoyed by officials [or servants] are granted solely in the interests of the Communities. Subject to the Protocol on Privileges and Immunities, they are not exempt from fulfilling their private obligations, or from complying with the laws and police regulations in force".
- The institution has an obligation of protection, assistance and solicitude towards its officials and servants. This obligation is set out in Articles 24, 25, 26 and 26a of the Staff Regulations.
- The institution must not only assist, protect and defend the official or servant threatened in connection with their status and functions, but must also take into account the legitimate interests of officials and servants in all decision-making.
- The institution must preserve the confidential nature of all individual files and computerised data within the personnel management systems.
- The institution must guarantee officials and servants a proper working environment and efficient and transparent administrative procedures.
Chapter III
Relations with citizens
In accordance with the applicable rules, the European civil service must be both transparent and accessible to citizens. An official or servant must always avoid any discrimination and show proper and cooperative behaviour in contacts with the public.
- Any written request addressed to an administrative service of the European Parliament by a person external to the institution must be processed as quickly as possible. The reply must be given in the official language of the European Union used by the applicant.
- Where a request is wrongly addressed to an administrative service, the official or servant shall immediately forward it to the competent administrative service.
- Every decision shall include, in addition to the signature of its author, the author's surname, first name and title.
- An official or servant must clearly state the reasons for an unfavourable decision.
- If a decision may be subject to an appeal, it must contain an indication of the nature of the appeal, the bodies that may be approached and the applicable time limits.
- If an official or servant occupies a function that brings them into contact with the public, they must respond to telephone calls and electronic messages as quickly as possible. In the event of absence, the line and the email must be diverted to the colleague covering the replacement.
- Officials or servants of services in contact with the public are required to answer questions put to them within the limits of regulatory procedures and administrative practice.
- Any imprecise or incorrect question must be returned to its sender, inviting them to provide further details.
- Article 255 of the Treaty establishing the European Community stipulates that every person has a right of access to documents of the European Parliament. The general principles governing such access are established in Regulation (EC) 1049/2001 (OJ L 145 of 31.05.2001).
- The right to information is limited by the principle of protection of personal data, set out in Article 286 of the EC Treaty and specified by Regulation EC 45/2001, and by professional secrecy enshrined in Article 287 of the EC Treaty and Article 17 of the Staff Regulations.
- Officials and servants must always be aware, when dealing with persons requesting access to documents, of the right of public access as established by the abovementioned legislative instruments.
- The main instrument facilitating public access is the European Parliament's reference register. Officials and servants are required to scrupulously comply with the rules established by the Secretary-General concerning the registration of documents.
- The processing of access requests is managed on a centralised basis by the service responsible for the register (registre@europarl.europa.eu), which has in principle fifteen working days to reply to a request.
- When officials or servants are consulted on an access request, they shall endeavour to reply within five working days to the service responsible for the register.
- Should the European Parliament be required to collect information or data from the public, once the purpose for which they were collected has been achieved, such information may be retained, unless the persons concerned expressly agree, only for processing for historical, statistical or legal purposes.
- The public has the right to lodge a complaint against possible violations of the provisions in Chapter III of this Code, by contacting the Director-General for Personnel.
Conclusions
Dignity of the European civil service
According to the Staff Regulations, and in accordance with the will of its founders, serving the European Union confers on the official or servant a particular dignity, regardless of the nature of their functions, the importance of their responsibilities or their position in the hierarchy.
This situation imposes obligations on them and requires conduct commensurate with that dignity.
The person who joins the European civil service must be aware of these requirements, formulated exclusively in the interest of the European Union, and understand that beyond the guarantees granted to them by the Staff Regulations, they bear a set of duties and obligations to be respected.
In this way, the legislature sought to safeguard the European Union against the risks of allegiance of its officials and servants to the various actors and sources of external pressure.
The employment relationship established by the Staff Regulations is rooted in the culture and history of the Member States and bears in its specificity the hallmark of the spirit of 9 May 1950.