Code of conduct
for members of the Parliamentary Assembly
Code of conduct
for members of the Parliamentary Assembly
Purpose
of the code of conduct
1. The purpose of this code
is to provide a framework of reference for members of the Parliamentary
Assembly of the Council of Europe in the discharge of their duties.
It outlines general principles of behaviour which the Assembly expects
of its members. By adhering to these standards members can maintain
and strengthen the openness and accountability necessary for trust
and confidence in the Parliamentary Assembly.
Scope
of the code of conduct
2. This code applies to members
in all aspects of their public life relevant to their duties as members
of the Parliamentary Assembly.
3. Its provisions complement
the obligations on members of the Parliamentary Assembly to abide
by the rules of conduct, as well as resolutions of the Assembly
and decisions of the President relating to members’ conduct and
discipline.
4. The application of this
code shall be a matter for the Assembly. Guidance on all matters covered
by this code of conduct and situations which may arise from its
application may be sought from the Secretary General of the Parliamentary
Assembly.
General
principles of behaviour
5. While performing
their mandate as members of the Parliamentary Assembly, members shall:
5.1. carry out their
duties responsibly, with due respect to human dignity and with integrity
and honesty;
5.2. take decisions
solely in the public interest, without being bound by any instructions that
would jeopardise members' ability to respect the present code;
5.3. not act in such
a way as to bring the Assembly into disrepute or tarnish the Assembly’s
image;
5.4. use the resources
available to them responsibly;
5.5. not use their public
office for their, or anyone else’s, private gain;
5.6. declare any relevant
interests relating to their public functions and take steps to resolve
any conflicts arising in a way that protects the public interest;
5.7. promote and support
these principles by leadership and example;
5.8. undertake to comply with the Rules of conduct hereafter.
6. These principles will be
taken into consideration when any complaint is received of breaches
of this code of conduct.
Rules
of conduct
7. Members shall respect the
values of the Council of Europe and the general principles of behaviour
of the Assembly and not take any action which would cause damage
to the reputation and integrity of the Assembly or its members.
8. Members shall refrain from
any form of sexism, harassment and sexual violence and misconduct.
9. Any member with interests
relevant to a debate that are not yet adequately reflected in their
written declaration must set them out in an oral declaration when
speaking in any proceedings of the Assembly or its committees, or
in any relevant communications.
10. No member shall act as
a paid advocate or consultant in any work relating to activities
of the Assembly.
11. Members shall not promise,
give, request or accept any fee, compensation or reward in-tended
to affect their conduct as members, particularly in their decision
to support or oppose any motion, report, amendment, written declaration,
recommendation, resolution or opinion. Members shall avoid any situation
that could appear to be a conflict of interests or accept an inappropriate
payment or gift.
12. Members shall not use their
position as a member of the Parliamentary Assembly to further their
own or another person’s or entity's interests in a manner incompatible
with this code of conduct.
13. Members shall use information
with discretion, and in particular shall not make personal use of
information acquired confidentially in the course of their duties.
14. Members shall not accept
any gifts or benefits whose nature and/or value is not strictly within
the bounds of parliamentary protocol or practices regarding hospitality.
15. Members shall ensure that
their use of expense claims, allowances, facilities and services provided
by the Council of Europe is strictly in accordance with the relevant
regulations laid down on these matters.
16. Former members of the Parliamentary
Assembly involved in representing and fostering an-other person’s
or entity's interests in the Parliamentary Assembly shall not, throughout
the period of such activity, benefit from the prerogatives of the
honorary associates or the Hon-orary President of the Parliamentary
Assembly as far as the distribution of documents and access to the
buildings and meeting rooms are concerned.
Declarations
of interests
17. Members shall be personally
responsible for submitting, at the opening of each session of the
Parliamentary Assembly, a declaration of interests by means of the
appropriate form. Members shall update their declarations of interest,
within 30 days, to include any relevant new information, including
any gifts or similar benefits (such as travel expenses, accom-modation, subsistence,
meals, or entertainment expenses) of a value in excess of €200 that
they accept in the performance of their duties as Assembly members.
The declaration shall be published on the Assembly’s website.
18. The declaration shall include
a specific entry for every specific role that member has within
the Assembly, including President or Vice-President of the Assembly,
chairperson or vice-chairperson of committees, sub-committees, networks,
platforms and alliances, rapporteur (including general rapporteur
or co-rapporteur), chairperson and member of an ad hoc committee for
the observation of elections, member of an ad hoc committee of the
Bureau, or a role representing the Assembly or a committee. Such
entries shall set out any interests specific to that role and shall
identify how any perceived, potential or actual conflicts of interest
that might arise would be addressed.
19. Any member who has not
submitted an annual declaration of interests for the relevant year shall
not be entitled to apply for, be granted, or to continue to hold,
any specific office within the Assembly including President or Vice-President
of the Assembly, chairperson or vice-chairperson of a committee,
sub-committee, network, platform or alliance, rapporteur (including general
rapporteur or co-rapporteur), member of an ad hoc committee for
the observation of elections, member of an ad hoc committee of the
Bureau, or a role representing the Assembly or a committee. In case
of the late submission of a declaration, this prohibition shall
cease two months after the submission of that member’s declaration
for that year.
20. If intervening in a debate,
a member who has not submitted an annual declaration of interests
for the relevant year must start their intervention with an oral
declaration of interests.
21. Upon the second consecutive
year of a failure to submit a declaration of interests by a given
member, the President shall write to the Speaker of the relevant
parliament highlighting the continued absence of a declaration of
interests for that member, and asking the Speaker to consider (in
accordance with national procedures and in consultation with the
competent persons) whether that member is suitable to remain a member
of the national delegation given the continued failure to provide
a declaration of interests.
Managing
conflicts of interest
22. For the purposes of this
code, the following definitions shall apply:
22.1. a personal “interest”
is something that could lead to a personal advantage to oneself or
one’s close connections. The interest can arise in relation to one’s
occupation, finances, business interests, relationships (family
and friends), liabilities or other interests;
22.2. “close connections”
includes one’s household, and close friends and family members;
22.3. a “conflict of
interest” can be actual, perceived or potential. It is a situation
where a person has a personal interest which is such as to influence
or appear to influence the impartial and objective performance of
their duties.
23. In their declarations of
interest, members shall identify any actual, perceived or potential conflicts
of interest between their personal interests and the public interest
in the work of the Assembly. In doing so, special regard should
be paid to that member’s particular roles within the Assembly (e.g.
President or Vice-President of the Assembly; chairperson or vice-chairperson
of a committee, sub-committee, network, platform, alliance or political
group; rapporteur (including co-rapporteur, general rapporteur and
youth rapporteur) or member of an ad hoc committee for the observation
of elections), with a separate entry included in their declaration identifying
any potential, perceived or actual conflicts of interest for each
role.
24. Once an actual, potential
or perceived conflict of interest has been identified, a member shall
set out in their declaration of interest, remedial steps that will
be taken to avoid that conflict unduly affecting their work in the
Assembly. Remedial steps can include, for example:
— disclosure;
— third-party involvement;
— stepping back or recusal;
— refusal;
— avoidance.
25. Advice may be sought from
the Council of Europe Ethics Officer who can provide confidential
advice to members, tailored to the context of parliamentarians exercising
their functions within the Assembly, to assist them in identifying
and managing potential conflicts of interest. Advice may also be
sought from the Secretary General of the Parliamentary Assembly
who is responsible for the application of the code of conduct. It
remains the responsibility of the member to declare any interests
and to identify and appropriately resolve any conflicts of interest. Conflicts
of interest should be resolved in favour of the public interest
and must be disclosed.
Rules
of conduct applicable to the President and Vice-Presidents of the
Assembly, the chairpersons and vice-chairpersons of committees,
sub-committees, networks, platforms and alliances and the chairpersons
of political groups
26. Rules of conduct applicable
to the President and Vice-Presidents of the Assembly, the chairpersons
and vice-chairpersons of committees, sub-committees, networks, platforms
and alliances and the chairpersons of political groups:
26.1. principle of neutrality,
impartiality and objectivity, including in particular:
26.1.1. obligation
to update their declaration of interests to declare any interests
relevant to that role, to identify any potential, perceived or actual
conflicts of interest and to record how any such conflicts will
be managed;
26.1.2. undertaking
not to seek or accept instructions from any government or governmental
or non-governmental organisation, or pressure group or individual;
26.1.3. undertaking
not to accept any reward, honorary distinction, decoration, favour,
substantial gift or remuneration from a government or governmental
or non-governmental organisation, a pressure group or an individual
in connection with activities carried out in the exercise of their
duties;
26.2. obligation of
discretion, in particular the undertaking not to make personal use
of information acquired in the course of their duties;
26.3. undertaking of
availability, in particular undertaking to attend Assembly sessions, Standing
Committee meetings, and meetings of committees, sub-committees,
network, platforms and alliances, in connection with their duties;
26.4. undertaking to
respect the values of the Council of Europe.
Observance
of the code of conduct
27. Implementation of this
code is the responsibility of the President of the Assembly, the Committee
on Rules, Ethics and Immunities and the Assembly, in accordance
with the powers and responsibilities granted to them by the Rules
of Procedure and this code of conduct.
28. For all the cases concerning
any form of sexism, harassment and sexual violence and misconduct
that involve members of the Parliamentary Assembly, a recommendation
or decision taken under the Council of Europe procedures in the
framework of its anti-harassment policy shall be forwarded to the
Committee on Rules, Ethics and Immunities for final de-termination of
the case.
29. Concerns about wrongdoing
affecting the public interest, including breaches of the Assembly’s
codes of conduct, or inaccurate declarations of interest, can be
reported to the President of the Assembly or the Committee on Rules,
Ethics and Immunities.
30. If a member is believed
to have acted in breach of the code of conduct, the President of the
Assembly may seek clarification and further information from the
member concerned, the chairperson of the member’s national delegation,
the chairperson of the member’s political group or the chairperson
of the member’s committee. The President of the Assembly may rule on
minor breaches of the Code of Conduct if the Committee on Rules,
Ethics and Immunities has not been called upon to consider the same
facts.
31. The
Committee on Rules, Ethics and Immunities (hereafter “the committee”)
shall examine alleged breaches of the code of conduct by members
of the Assembly brought to its attention by the President of the
Assembly or by at least 20 members of the Assembly representing
at least five national delegations (using the appropriate investigation
request form). It may also start an investigation of its own motion.
The Committee may avail itself of the expertise of internal and national
experts to assist in such an investigation.
32. The committee meets in
camera and shall act with due respect for confidentiality:
32.1. if it decides
to open an investigation, it shall notify the member concerned and
send him or her a copy of the evidence submitted to it in support
of the allega-tions, inform the member of his or her rights and
request the member’s prelimi-nary observations;
32.2. it shall hear
the member concerned together with any witnesses; the records of
these interviews or hearings shall be confidential;
32.3. it shall give
the member concerned, at all stages of the proceedings, the oppor-tunity to
comment on all the evidence gathered during the investigation in
sup-port of the allegations, including evidence that has led to
identification of possi-ble further violations of the rules; it
may consider any evidence provided by the member concerned and hear
any witness proposed by the member concerned who is able to provide
evidence relevant to the investigation;
32.4. before finalising
its conclusions, it shall give the member the opportunity to comment
on the factual parts of the draft report.
33. Members shall co-operate
with the committee at all stages of the investigation. They must disclose
any information or documents requested.
34. If the committee finds
that the allegations have no basis, it will inform the complainants and
the member concerned.
35. Where the committee decides
to open an investigation, it may refer the matter to the Con-duct
Investigation Panel of the Parliamentary Assembly to gather evidence
and to establish the facts on its behalf. The Conduct Investigation
Panel of the Parliamentary Assembly is composed of seven former
judges of the European Court of Human Rights, and supported by a
secretariat composed of Council of Europe staff members. For each
referral, three of those former judges will serve as the panel for
that matter. The provisions of paragraphs 32 and 33 above apply
to the Conduct Investigation Panel of the Parliamentary Assembly,
as if it were the committee. Any final determination shall remain
for the committee itself.
36. If the committee finds
that there has been a minor violation of the code of conduct, owing to
negligence for example, it will inform the member concerned and
ask him or her to take the necessary steps. The committee shall
decide whether the decision shall be published on the Assembly’s
website.
37. If the committee finds
that there has been a serious breach of the code of conduct, it
will prepare a report containing all the evidence gathered in the
course of the investigation, the observations of the member concerned,
and its conclusions. This report will be published on the Assembly’s
website. The committee shall decide whether to impose a sanction
and determine the appropriate sanction, in accordance with paragraph
41.
38. If the committee finds
that acts or omissions being investigated could constitute a violation
of the criminal law of a member State, it will notify the relevant
national authorities. It may decide to suspend the proceedings in
the Assembly if it turns out that the national authorities are conducting
an investigation into the same facts.
39. In respect of a member
who has left the Assembly, where allegations arise of significant breaches
of the rules of conduct, or conduct likely to bring the Assembly
into disrepute through association with that former member, the
Committee on Rules, Ethics and Immunities may examine alleged breaches
of the conduct of conduct as for current members.
40. Where a member leaves the
Assembly following allegations of serious or repetitive breaches
of the rules of conduct, the President of the Assembly or the President
of the Committee on Rules, Ethics and Immunities, should send information
concerning those concerns to the Speaker of the relevant national
Assembly, inviting them to consider taking appropriate action pursuant
to their own ethical standards and enforcement mechanisms and to
keep the President and the Committee on Rules, Ethics and Immunities
informed.
Measures
in the event of non-compliance with the code of conduct
41. In cases of serious or
repetitive breaches of the rules of conduct by a given member, the Committee
on Rules, Ethics and Immunities may take one or several of the following
measures:
41.1. temporary deprivation
of the right to speak and to be enrolled on the list of speakers;
41.2. temporary deprivation
of the right to sign an amendment, a motion for a resolution or
recommendation or a written declaration;
41.3. temporary deprivation
of the right to address questions to the Committee of Ministers;
41.4. temporary deprivation
of the right to be appointed rapporteur or temporary ban on acting
as a committee rapporteur;
41.5. temporary ban
on being a member of an ad hoc election observation committee;
41.6. temporary deprivation
of the right to stand as a candidate for President of the Assembly
or chairperson or vice-chairperson of a committee or sub-committee;
41.7. and temporary
deprivation of the right of institutional representation of the
Assembly and its committees.
42. In cases of serious or
repetitive breaches of the rules of conduct by a former member,
or of conduct by that member likely to bring the Assembly into disrepute
through association with that former member, the Committee on Rules,
Ethics and Immunities may remove that former member’s honorary status
and may ban the former member from attending the Council of Europe’s
premises.
Code of
conduct for rapporteurs of the Parliamentary
Assembly
43. Pursuant to Rule 50.1 of
the Assembly's Rules of Procedure, the following rules shall be applicable
to the rapporteurs of the Parliamentary Assembly in the exercise
of their duties:
44. Rules of conduct
for rapporteurs:
44.1. principle of neutrality,
impartiality and objectivity, including in particular:
44.1.1. obligation to
update their declaration of interests to declare any interests relevant
to that role, to identify any potential, perceived or actual conflicts
of interest and to record how any such conflicts will be managed.
Such a declaration shall be in writing and shall be made public
by being added to the existing annual declaration of interests for
that member;
44.1.2. undertaking
not to seek or accept instructions from any government or governmental
or non-governmental organisation, or pressure group or individual;
44.1.3. undertaking
not to accept any reward, honorary distinction, decoration, favour,
substantial gift or remuneration from a government or governmental
or non-governmental organisation, a pressure group or an individual
in connection with activities carried out in the exercise of their
duties;
44.1.4. undertaking
to refrain from any act which may cast doubt on their neutrality;
44.2. obligation of
discretion, in particular the undertaking not to make personal use
of information acquired in the course of their duties;
44.3. undertaking of
availability, in particular:
44.3.1. undertaking
to attend committee meetings, Assembly sessions and Standing Committee
meetings in connection with their duties;
44.3.2. undertaking
to report to the committee;
44.3.3. undertaking
to carry out all necessary fact-finding visits;
44.4. undertaking to
present a timetable of action to the committee in keeping with the mandate,
together with a deadline for submitting their draft report (in line
with Rule 26.4.
of the
Assembly's Rules of Procedure);
44.5. undertaking to
respect the values of the Council of Europe.
44.6. obligation on
rapporteurs to sign an undertaking, when updating their declaration
of interests, to abide by the obligations of neutrality, impartiality,
objectivity, discretion and availability as part of that role.
45. Rules applicable to the
conduct of fact-finding missions:
45.1. undertaking that
any fact-finding mission should be consistent with and take place within
the framework of the rapporteur's mandate;
45.2. undertaking to
act in a manner respectful of the laws and regulations of the country in
which the fact-finding mission takes place.
46. Rules applicable to the
publication of sources used in the drafting of the report:
The rapporteur should, unless there are good reasons for not
doing so, publish the list of individuals, experts and representatives
of governmental or non-governmental organisations consulted, met
or received in the process of drafting the report.
47. Penalty for breaching the
rules:
Should a rapporteur fail to honour one or more undertakings,
in particular if he or she failed to declare any relevant interests
or made an untruthful declaration, the committee shall withdraw his
or her mandate and replace him or her.
48. Application of this code
to youth rapporteurs:
48.1. paragraphs 44
and 47 of this code shall apply mutatis mutandis to youth rapporteurs;
48.2. a youth rapporteur
shall recuse themselves from intervening as a youth rapporteur in
respect of any report in which they may have a perceived, potential
or actual conflict of interest that cannot be adequately addressed
through a declaration of interests or through taking specific measures.
49. Any appointed rapporteur
shall be given a copy of the present code of conduct.
