Ethics in Public Administration —Lecturer: —doc. JUDr. Soňa Skulová Ph.D. — What Do „Ethics“ Mean? —Branch of philosophy (discipline) —Normative social system based on the rules of morality which is different (but not isolated) from the legal normative system —Such system is exercised through the power of public (general) opinion —Sanctions mostly of moral character (condemnation, exclusion) —Key terms: —Right and correct (just) behavior v. unjust (unfair) behaviour GOLDEN RULE OF MORALE (ETHICS) One should not treat others in ways that one would not like to be treated Ethics in PA - significance —Development of public services, increasing allocation of public funds —Large scope of power of administrative authorities and individual officers when deciding on public funds (budgets, European funds, procurement) —Significant discretionary powers when deciding on citizens’ access to public funds and on rights and duties —Administrating personal data, business details, and other information — —Rise of ethics in PA – 70’s in the Western World, new millennium in post-communist countries [still developing] —Western World – regulation of ethics as a supplement to legal regulation; fulfillment of ethical rules is assessed regularly Ethics in PA in Context and Significance of Ethics for the society —Corruption is the very opposite of ethical behavior —Types of behavior: unethical x illegal x criminal —Are those totally different fields? —Are they overlapping? — —Ethical [right, correct and legal] PA is the prerequisite for the social prosperity [UN, OECD] —Unethical behavior/corruption has the opposite effect — — — — — — — — —Czech Republic: 52nd; Poland: 35th source: Transparency International —Causes? \\nss2\desktop\chadima\2014_CPIBrochure_EN.tif Normative Ethics v. Professional Ethics —Normative —Set of rules of correct conduct —Deals with what is supposed to be, what is right and just —Deals with moral norms, codes, principles and searches for their grounds —More theoretical —Professional —Does not ask why specific conduct is right but looks for the answer which conduct is right (ethical) —Does not deal with the motivation of the officer but analyzes if specific conduct is ethical —Aims to create values, norms and principles which form guidelines for the conduct —More practical Ethics of PA —The term 1.Desired value or condition, as well as all the means that leads the PA conduct towards such desired value 2.Operating toward elimination of PA misconduct, support of desired conduct —Context and and fundamentals —Internationally: integrity of an officer (personal, moral) – „honesty“ —Common cultural foundation and traditions of ethical conduct – modern conception of democracy, rule of law, universality of human rights —Principle of PA as a service to society and its members Ethics Infrastructure in PA —Not just the question of morality, but ethics have to be promoted in an organizational and continuous way —Ethics infrastructure = tools for influencing the level of ethics —Ethics infrastructure by OECD (chapters on each state) 1.Control – by superiors (internal), by citizens (external), set of punishments 2.Leadership – setting a good example by politicians, main officers, codes of conduct 3.Management – personal evaluations, counselors, ethical committees, right rules of job interview process —See http://www.oecd.org/gov/ethics/48994450.pdf — Ethics and PA in EU —EU, European Commission —The European Code of Good Administrative Behavior (2000) —European Anti-Fraud Office – OLAF (investigates fraud against the EU budget, corruption and serious misconduct within the European institutions) — —Council of Europe —Recommendation No. R (2000) 6 of the Committee of Ministers to member states on the status of public officials in Europe —Recommendation No. R (2000) 10 of the Committee of Ministers to member states on codes of conduct for public officials —Group of States against Corruption (GRECO) — — — Council of Europe Recommendations —Legal frame and principles for public service shall be set by law (a normative act) —The Government has the responsibility for public service and its management —Non-discriminatory rules for interview process and non-discrimination in general —Social security/welfare —Proper salary —Duty to educate oneself continuously —Right to a fair trial – defend one’s rights in a court proceedings —Neutrality, secrecy, impartiality, respect the addressees and be responsible for one’s action — What’s next? —Transfer of ethical requirements into an enforceable law — —Other means of support of ethical conduct in PA —Protection of whistleblowers? —Well regulated civil service – Czech Civil Service Act (2014) – how does it reflect ethics? Thank you for your attention.