Public officials
Duties and rights of public officials, responsibility of public officials
Lecture #3

¢Duties of public officials mostly responds to main principles of public administration. Concrete
duties are expressed by nationals legislations.
¢For European countries there are relevant principles expressed in:
—Recommendation of Committee of Ministers of Council of Europe, CM/Rec.(2007)7, on good
administration
¢For public officials of European unions‘ bodies, there are principles and duties in:
—Public service principles for the EU civil service
—The European Code of Good Administrative Behaviour
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DUTIES OF PUBLIC OFFICIALS

¢Administrative science deals with these general duties of public officials:
—Lawfulness. Requires knowledge of the law
—Obedience. Response to organizational structure. Official is obligated by orders from his
superior.
—Impeccability. Official is obligated to keep his impeccability
—Impartiality. Premise that official is neutral and isn‘t involved in case or biased.
—Loyalty. Official can‘t questions public administration
—Seriousness. That means seriousness of official‘s professional and private life
—Confidentiality. Official can‘t disseminate information which he knows from his service
—Prohibition on receiving gifts. Purpose of this duty is to avoid corruption.
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DUTIES OF PUBLIC OFFICIALS

¢Public officials should act according to this articles:
—Art 2) Lawfulness: Public officials can‘t act against law or take arbitrary measures.
—Art 3) Equality: Public officials ‚‚shall treat private persons who are in the same situation in
the same way.‘‘
—Art 4) Impartiality: Public officials must act objectively.
—Art 5) Proportionality: Public officials ‚‚shall impose measures affecting the rights or interests
of private persons only where necessary and to the extent required to achieve the aim pursued‘‘
—Art 6) Legal certainty: ‚‚Public authorities shall act in accordance with the principle of legal
certainty‘‘
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DUTIES OF PUBLIC OFFICIALS
COUNCIL OF EUROPE RECOMMENDATION ON GOOD ADMINISTRATION

¢Public officials should act according to this articles:
—Art 7) Act in adequate term: ‚‚Public authorities shall act and perform their duties within a
reasonable time.‘‘
—Art 8) Participation: ‚‚Public authorities shall provide private persons with the opportunity
through appropriate means to participate in the preparation and implementation of administrative
decisions‘‘
—Art 9) Respect to privacy: ‚‚Public authorities shall have respect for privacy, particularly when
processing personal data.‘‘‘
—Art 10) Transparency: Public authorities should ensure that, private persons are informed about
their activities.
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DUTIES OF PUBLIC OFFICIALS
COUNCIL OF EUROPE RECOMMENDATION ON GOOD ADMINISTRATION

¢Art 41 of the Charter of Fundamental Rights, states right to good administration. This Article is
elaborated by the European Code of Good Administrative Behavior.
¢Public service principles for the EU civil service states this principles:
—Commitment to the European Union and its citizens: ‚‚Civil servants should be conscious that the
Union’s institutions exist in order to serve the interests of the Union and of its citizens in
fulfilling the objectives of the Treaties.‘‘
—Integrity: ‚‚Civil servants should be guided by a sense of propriety and conduct themselves at all
times in a manner that would bear the closest public scrutiny‘‘
—Objectivity: ‚‚Civil servants should be impartial, open-minded, guided by evidence, and willing to
hear different viewpoints. They should be ready to acknowledge and correct mistakes.‘‘
—Respect for others: ‚‚Civil servants should act respectfully to each other and to citizens. They
should be polite, helpful, timely, and co-operative.‘‘
—Transparency: ‚‚Civil servants should be willing to explain their activities and to give reasons
for their actions.‘‘
DUTIES OF PUBLIC OFFICIALS
EUROPEAN UNION

STAFF REGULATIONS 1870
JUST FOR ILLUSTRATION


¢Administrative science deals with these general rights of public officials:
—Right on salary
—Right on service succession
—Right on official titles
¢Disadvantages of public service should be compensated by:
—Longer vacation
—Free uniform
—Certainty of service progress
—Free fare
—Quality of social and personal care
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RIGHTS OF PUBLIC OFFICIALS

¢General labour-law responsibility.
¢In connection with public administration, there are specific kinds of responsibility:
q      for illegal decision and incorrect conduct (compensation for damages caused to citizens, in
limited extent).
q      specific kind of public law responsibility is disciplinary responsibility.
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RESPONSIBILITY OF PUBLIC OFFICIALS

¢Service discipline means proper performance of any duties of public servants according to this
Act, another specific Acts, staff regulations or orders, including service oath.
¢Culpable violation of service discipline, is a disciplinary offense, which could be penalized by:
—Written reprimand
—Pay cut
—Withdrawal from superior position
—Discharge from public service
¢Disciplinary offences should be proceeded by disciplinary commissions (inside public
adminsitration).
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RESPONSIBILITY OF PUBLIC OFFICIALS