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 2005
Polish experience
Under the communist regime:
• no clear legal rules concerning the system
of civil service, recruitment, promotion and
training
• arbitrary decision in different sectors of
public administration
• demonstration of political loyalty
0%
rate of affirmative opinions
politicians
state public servants
local public servants
labour union leaders
managers of companies
lawyers
policemen
20%
judges
doctors
clergy
40%
journalists
60%
teachers
62%
nurses
80%
university teachers
Professional honesty & integrity
(public opinion research)
57%
43%41%
33% 30%
20%19% 16%
15%
10% 9% 9%
6%
Types of corruption
Type of corruption
Incidence:
frequent and very frequent
Nepotism
87%
Bribery
84%
Settlement of contracts:
- for friends
- for own profits
Financing of parties
from public money
81%
78%
74%
Source: Korupcja, nepotyzm, nieuczciwy lobbing. Komunikat z badań [Corruption, nepotism, dishonest
lobbing. Research Bulletin], CBOS, Warsaw, January 2004
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.
Civil Service System
rec ru itm en t of em p loyees
em ploym ent contract
of lim ited duration
6 m onths
p rep aratory s ervic e an d exam in ation
em ploym ent contract
of unlim ited duration
2 years
q u alific ation p roc ed u re
nom ination
c om p etition s for s en ior p os ition s
cu rren t
em p loyees
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
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
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)
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
Career & position
model
Career system
France
Germany,
Spain,
Romania,
Bulgaria
Poland
Position system
The Netherlands,
Estonia
Canada,
New Zealand,
Sweden,
Great Britain
Delegation and individualisation approaches
to HR practices
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
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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