Print
See related documents
Resolution 2170 (2017)
Promoting integrity in governance to tackle political corruption
1. The Parliamentary Assembly reaffirms
that the fight against corruption remains not only a cornerstone of
the rule of law but also a key component of a genuine democracy
and an essential element in ensuring the protection of human rights.
2. Frequent corruption scandals, both in national and European
institutions, have led populist leaders to exploit the disenchantment
of the people with the “corrupt elite”. Furthermore, the perception
of corruption or misconduct negatively affects voter turnout and
conditions citizens’ judgment regarding incumbent leaders and political
institutions. The Assembly therefore considers that stepping up
the fight against corruption and restoring trust in the efficiency
and effectiveness of democratic institutions must be a priority
for all European democracies, including European institutions.
3. The Assembly recalls, inter alia,
its resolutions and recommendations – “Corruption as a threat to
the rule of law” (Resolution
1943 (2013) and Recommendation
2019 (2013)); “Lobbying in a democratic society (European
code of good conduct on lobbying)” (Recommendation 1908 (2010)); “Improving
the protection of whistle-blowers” (Recommendation 2073 (2015) and Resolution 2060 (2015));
“Judicial corruption: urgent need to implement the Assembly’s proposals”
(Resolution 2098 (2016) and Recommendation 2087 (2016)); and
“Transparency and openness in European institutions” (Resolution 2125 (2016) and Recommendation 2094 (2016))
– and stresses the importance of further promoting integrity in
public governance.
4. While welcoming existing anti-corruption, transparency and
accountability measures at national, European and international
levels, the Assembly also stresses the need to promote a political
and cultural environment which is conducive to a corruption-resilient
society. It believes that any anti-corruption and transparency initiative
at national and European level should:
4.1. take into account the diversity and richness of political,
social, economic and cultural traditions in Council of Europe member
States;
4.2. receive strong grass-roots backing from a broad coalition
of groups in society opposed to existing corrupt practices;
4.3. be flexible enough to adapt and respond to new forms of
corruption as they emerge.
5. The Assembly takes note of the variety of functions, powers
and mandates of national anti-corruption institutions, including
multi-purpose anti-corruption agencies, law-enforcement bodies,
policy co-ordination and prevention bodies, and internal control
mechanisms by other public institutions. The Assembly reiterates
its invitation to all member States to review and strengthen their
legislation concerning the fight against corruption, ensuring that
all acts of corruption are criminalised in accordance with the standards
set out by relevant international instruments and monitoring bodies.
It calls on Council of Europe member States that have established
separate specialist anti-corruption bodies to provide them with
specific skills, a clear mandate and sufficient powers, subject
to proper checks and balances, in line with Committee of Ministers Resolution
97 (24) on the twenty guiding principles for the fight
against corruption, the recommendations of the Council of Europe’s
Group of States against Corruption (GRECO) and the guidelines of
the United Nations Convention against Corruption. It also calls
on these bodies to develop their monitoring and evaluation mechanisms
to examine their own performance and to improve public accountability
and support, with the possible support of the Council of Europe.
6. In the light of the above, the Assembly invites all Council
of Europe member and observer States and States whose parliaments
enjoy observer or partner for democracy status with the Parliamentary
Assembly to step up the fight against corruption by:
6.1. promoting integrity and transparency
in public life at all levels, in particular by:
6.1.1. adopting
sound rules on the declaration of assets, income and financial and
other interests by members of government and parliament, by leaders
of political parties and political movements and by civil servants,
judges and prosecutors;
6.1.2. making such declarations easily accessible to the public;
6.1.3. setting up independent supervisory bodies and regulating
lobbying activities, in line with Committee of Ministers Recommendation CM/Rec(2017)2 on
the legal regulation of lobbying activities in the context of public
decision making;
6.2. signing or ratifying without delay, if they have not yet
done so, the Criminal Law Convention on Corruption (ETS No. 173),
its additional protocol (ETS No. 191) and the Civil Law Convention
on Corruption (ETS No. 174);
6.3. ensuring full co-operation with GRECO and the Committee
of Experts on the Evaluation of Anti-Money Laundering Measures and
the Financing of Terrorism (MONEYVAL) and implementing their recommendations
without further delay, especially those emanating from GRECO’s Fourth
Evaluation Round, which focused on the prevention of corruption
in respect of members of parliament, judges and prosecutors;
6.4. ensuring the independence of the judiciary through transparent
appointment and promotion procedures and, if need be, the use of
appropriate disciplinary measures, applied by bodies free from political
interference and other undue influence;
6.5. acknowledging the role of the media in denouncing corruption
and ensuring that media regulation respects media freedom and responsibility;
6.6. continuing to improve the protection of whistle-blowers
in law and practice;
6.7. implementing the Recommendation on Public Integrity adopted
by the Organisation for Economic Co-operation and Development (OECD),
which provides a blueprint for upholding and prioritising the public
interest over private interests in the public sector;
6.8. considering establishing specialist integrity units in
public institutions to promote ethics, accountability and transparency;
6.9. paying attention to regional and local levels of government
and considering setting up an institutional source of confidential
counselling to provide local representatives with guidance and advice on
questions of ethics and integrity and on possible conflicts of interest,
as well as dedicated training activities;
6.10. organising public-awareness anti-corruption campaigns
targeting various groups of citizens, media, non-governmental organisations,
businesses and the general public;
6.11. developing integrity education programmes as part of primary
and secondary school curricula, focusing on individual and social
responsibility, with the support of the Council of Europe.
7. In addition to the traditional approaches based on legislation,
specialist institutions and stricter compliance and enforcement,
governments should pay particular attention, through further academic
and policy research, to the ways in which corruption was and is
embedded in social and cultural values, as these provide the essential
environment in which institutional reforms and anti-corruption initiatives
can succeed.
8. Furthermore, the Assembly calls on all parliaments of Council
of Europe member and observer States and parliaments which enjoy
observer or partner for democracy status with the Parliamentary
Assembly to further promote transparency and accountability measures,
in particular by:
8.1. developing
a code of conduct covering guidance on the prevention of conflicts
of interest, gifts and other advantages, accessory activities and
financial interests, disclosure requirements, and making it easily
accessible to the public, in line with Recommendation No. R (2000)
10 of the Committee of Ministers on codes of conduct for public
officials;
8.2. considering setting up an institutionalised source of
confidential counselling to provide elected representatives with
guidance and advice on questions of ethics and integrity and on
possible conflicts of interest, as well as dedicated training activities;
8.3. ensuring that parliamentary immunity does not protect
members of parliament from criminal prosecution for corruption-related
acts;
8.4. setting up specific parliamentary scrutiny procedures,
with special emphasis on the implementation of recommendations emanating
from GRECO’s Fifth Evaluation Round, focusing on preventing corruption
and promoting integrity in central governments (top executive functions)
and law-enforcement agencies;
8.5. ensuring that co-operation with the investigative media
is based on reasonably sound proof, and implementing Resolution 2171 (2017) “Parliamentary
scrutiny over corruption: parliamentary co-operation with the investigative
media”.
9. In accordance with the Code of Good Practice in the Field
of Political Parties of the European Commission for Democracy through
Law (Venice Commission), the Assembly invites all political parties
to exclude from their lists of candidates and from party membership
any person convicted of corruption.
10. For its part, the Assembly resolves to:
10.1. pay special attention to the revision and effective implementation
of its own code of conduct;
10.2. fully support the independent external investigation body
to look into allegations of corruption within the Assembly;
10.3. strengthen the PACE anti-corruption platform with the
aim of promoting integrity campaigns in national parliaments;
10.4. provide sound regulation for lobbying activities, including
through the setting up of a Parliamentary Assembly transparency
register, following the example of the European Parliament.
11. The Assembly welcomes the inclusion of the fight against corruption,
including its intention to participate in GRECO in the long term,
among the European Union’s priorities for co-operation with the
Council of Europe in 2016-2017. The Assembly further welcomes the
publication by the European Ombudsman of practical recommendations
for public officials’ interaction with interest representatives
(representatives of interest groups), as well as the European Parliament’s
resolution of 16 May 2017 on the 2015 Annual Report on the protection
of the EU’s financial interests – Fight against fraud (2016/2097(INI)),
which called for the European Union to advance its application for
membership of GRECO as soon as possible. Finally, the Assembly reiterates
its call to the European Union to pursue full accession to GRECO
as soon as possible, and to respect the principle of equal treatment
among members of GRECO, which involves the evaluation of European
Union institutions by GRECO’s mechanisms, taking into account its
specificity as a non-State entity.