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Identifying and managing conflicts of interest in the Parliamentary Assembly

Doc. 16287: compendium of written amendments | Doc. 16287 | 21/11/2025 | Provisional version

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1Any parliament should have transparent and clear processes for identifying and managing conflicts of interest. Such systems are essential to maintaining the standards of objectivity and public service that the public expects of its democratically elected politicians. Establishing and maintaining an adequate conflict-of-interest management system within the Parliamentary Assembly is vital for maintaining public trust in Europe’s democratic institutions and ensuring the credibility of its actions.
2The Assembly already has a well-established system for declaring interests, which has been further improved and developed in its Resolution 2596 (2025) “Respect for the rule of law and the fight against corruption within the Council of Europe”. However, to further improve its integrity system, the Assembly considers that it could benefit from:
2.1improved definitions in the Code of conduct for members of the Parliamentary Assembly for identifying what is a “conflict of interest” for the purposes of the Rules of Procedure and the code of conduct;
2.2clear guidance for identifying potential, perceived or actual conflicts of interest and for suggesting ways of managing conflicts of interest;
2.3a named person whose confidential advice members can seek for assisting them in identifying and managing conflicts of interest;
2.4efforts to simplify the language of the code of conduct – in particular to avoid repetitions between the general principles and the rules of conduct.
3It is important that members of the Assembly are given sufficient clarity and support in declaring their interests, in identifying conflicts of interest, and in managing potential, perceived or actual conflicts of interest. Practical guidance notes tailored to the Assembly’s context, regularly updated, both on making declarations of interest, and on identifying and managing conflicts of interest are a key tool in this respect.
4In line with best practice in managing conflicts of interest, it is appropriate to have a named person to whom members can go for confidential advice based on expertise on identifying potential, perceived or actual conflicts of interest, and how to react to, or manage, that situation. It nonetheless remains the responsibility of members for declaring their interests and for appropriately resolving any conflicts of interest situation. The Assembly considers that the Council of Europe Ethics Officer has the relevant expertise, suitability, independence and availability for this role. This advice should be specifically tailored to the context of parliamentarians exercising their functions within the Assembly.
5In light of the above, the Assembly amends the code of conduct for Members of the Parliamentary Assembly (contained in Appendix II to the Rules of Procedure) as follows:
5.1delete paragraph 9;
5.2after paragraph 21, insert the following new sub-section:
5.2.1“Managing conflicts of interest
5.2.21. For the purposes of this code, the following definitions shall apply:
5.2.3 1.1. 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;

In the draft resolution, paragraph 1.1, insert the following sentence:

"Professional expertise or previous professional experience shall not in itself constitute a conflict of interest, unless a direct and specific personal benefit related to the subject matter can be clearly demonstrated."

5.2.4 1.2. “close connections” includes one’s household, and close friends and family members;

In the draft resolution, paragraph 1.2, replace the words "Close connections’ includes one’s household, and close friends and family members" with the following words:

"‘Close connections’ includes one’s household and immediate family members whose interests create a direct, current and objectively relevant link with the matter concerned. Social relations, distant family ties or non-relevant personal connections shall not constitute a conflict of interest."

5.2.5 1.3. 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.

In the draft resolution, paragraph 1.3, replace the words "a 'conflict of interest' can be actual, perceived or potential." with the following words:

"a 'conflict of interest' can be actual, perceived or potential when based on objective and verifiable circumstances, and not on mere subjective impressions."

5.2.62. 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.
5.2.73. 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:
5.2.8– disclosure;
5.2.9– third-party involvement;
5.2.10– stepping back or recusal;
5.2.11– refusal;
5.2.12– avoidance.
5.2.134. 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.”;

In the draft resolution, replace paragraph 4 with the following paragraph:

"Advice may be sought from the Council of Europe Ethics Officer. Such advice is non-binding and cannot in any circumstance limit the political mandate or the legitimate decision-making autonomy of elected parliamentarians. Members remain solely responsible for declaring their interests and for identifying and appropriately resolving any 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."

5.3replace paragraph 22.1.1 with the following:
5.3.1“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”;
5.4replace paragraph 40.1.1 with the following:
5.4.1“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”.
6The Assembly decides to modify the Guidelines on the Observation of Elections by the Parliamentary Assembly (contained in Appendix XIII of the Rules of Procedure) by replacing paragraph 20 with the following:
6.1“All candidates for membership of an ad hoc committee, at the time of putting forward their candidacy, shall make a written declaration of interests in connection with the country concerned by an election observation; this declaration shall be added to their declaration of interests published on the Assembly website, and shall identify any conflicts of interest (as defined in the Code of conduct for the members of the Parliamentary Assembly), and any remedial steps in relation to those interests and the work of the ad hoc committee for observing those elections. Political groups shall not submit the candidatures of members with unmanaged conflicts of interest in respect of a particular country.”
7The Assembly decides that the amendments to the Rules of Procedure set out in this Resolution shall enter into force at the opening of its January 2026 part-session.