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Polish civil service Improving integrity and preventing corruption

Polish civil service Improving integrity and preventing corruption. Dr. Jacek Czaputowicz Deputy Head of the Civil Service, Poland OECD MENA Initiative Working Group on Civil Service Reform and Integrity Rabat , 18-19 July 200 5. Polish experience. Under the communist regime:

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Polish civil service Improving integrity and preventing corruption

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  1. Polish civil serviceImproving integrity and preventing corruption Dr. Jacek Czaputowicz Deputy Head of the Civil Service, Poland OECD MENA Initiative Working Group on Civil Service Reform and Integrity Rabat, 18-19 July 2005

  2. Polish experience Under the communist regime: • no clear legal rules concerning the system ofcivil service, recruitment, promotion and training • arbitrary decision in different sectors of public administration • demonstration of political loyalty

  3. Professional honesty & integrity(public opinion research)

  4. 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% Types of corruption Source: Korupcja, nepotyzm, nieuczciwy lobbing. Komunikat z badań [Corruption, nepotism, dishonest lobbing. Research Bulletin], CBOS, Warsaw, January 2004

  5. Constitution of the RP Article 153 1. A corps of civil servants shall operate in the organs of government administration in order to ensure a professional, reliable, impartial and politically neutral discharge of State’s obligations. 2. The Prime Minister shall be the superior of such corps of civil servants.

  6. Civil Service System

  7. Civil Service corps members - rights and duties civil service employee civil servant • 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 participating in political parties • Ban on combining employment in CS with self-government councillor’s status

  8. Anti-corruption Act - 1997 Public 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 companies Mechanisms: • profit registry • annual assets disclosure statement • declaration concerning the spouse’s business activities Scope: • 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

  9. Anti-corruption strategy Objectives: • effective detection of corruption • implementation of effective mechanism • improving public awareness and promotion of ethical models of behaviour System 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)

  10. Code of Ethics- 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

  11. Career & position model Career system Position system France Poland The Netherlands, Canada, Germany, Estonia New Zealand, Spain, Sweden, Romania, GreatBritain Bulgaria

  12. Delegation and individualisation approaches to HR practices

  13. Challeges and difficulties • 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

  14. Forces 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 involvement: Transparency International, Batory Foundation: Anti-corruption Program,Institute for Public Affairs • Role of international institutions: UE, OECD, SIGMA, Council of Europe, World Bank

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