Guide to the obligations of officials and other servants of the European Parliament (Code of conduct)
Date: 2000-04-05
Institutions: European Parliament
Subjects: European Parliament, European official, duties of civil servants, servant (EU)

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I

(Information)

EUROPEAN PARLIAMENT

GUIDE TO THE OBLIGATIONS OF OFFICIALS AND OTHER SERVANTS
OF THE EUROPEAN PARLIAMENT

CODE OF CONDUCT

(2000/C 97/01)

CONTENTS

OBLIGATIONS OF OFFICIALS AND OTHER SERVANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I.

GENERAL OBLIGATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A. Obligation as regards independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

Permission to receive honours, decorations, favours, or gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

Permission to engage in an outside activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

Business interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

B. Obligation as regards circumspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C. Obligation as regards discretion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

Elective public office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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II.

SERVICE OBLIGATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A. Duty to be constantly at the disposal of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

B. Duty of officials and other servants to perform the tasks assigned to them . . . . . . . . . . . . . . . . . . . . . . . . . . .

C. Duty to comply with instructions from and to assist and tender advice to superiors . . . . . . . . . . . . . . . . . .

D. Duty to treat colleagues with respect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E. Duty of officials and other servants to exercise their responsibilities as such . . . . . . . . . . . . . . . . . . . . . . . . .

F. Duty to assist investigating authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

G. Duty of officials and other servants to fulfil their private obligations and to comply with the laws and
police regulations in force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

H.

Protection of officials and other servants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

8

8

8

9

9

9

10

10

III.

RELATIONS WITH CITIZENS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

A. Administrative openness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

B. Access to European Parliament documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C. Data gathering and information storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

D. Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

11

11

11

CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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OBLIGATIONS OF OFFICIALS AND OTHER SERVANTS

The aims of recruitment, as set out in Article 27 of the Staff Regulations, imply that the staff of
1.
the European institutions must offer the highest standards of ability, efficiency, and integrity. The fact
that Title II of the Staff Regulations is given over to the rights and obligations of officials and other
servants suggests that the European Civil Service is bound by its own code of ethics. Further evidence that
such a code applies can be found in the preamble to the basic regulation, Regulation No 31 (EEC),
11 (EAEC) of 18 December 1961, in which the Staff Regulations are identified as the legal means of
securing independent, upright, competent, and efficient personnel to work for the European Communities.
The rules of conduct laid down in the Staff Regulations apply to all staff employed by Parliament.

Once they have been appointed, officials and other servants immediately become subject to
2.
distinctive legal arrangements affecting both the exercise of their duties and their private lives. Although
they enjoy the freedoms accorded to all citizens, they must exercise them without prejudicing the interests
of the Community in any way whatsoever. The Staff Regulations thus lay down a whole series of dos and
don’ts that constitute obligations extending beyond the sphere of performance of duties and relations
with Parliament to encompass life outside work. Infringements are punished by the appropriate authority
(the appointing authority or AIPN), where necessary after conducting disciplinary proceedings, and,
depending on the seriousness of the case, may result in prosecution. The Directorate-General for
Personnel is responsible for ensuring that the rules laid down are properly observed.

3.
The object of this code is to set out the professional obligations of officials and other servants
based on Parliament’s interpretation of the Staff Regulations, the Conditions of employment of other
servants (CEOS), and the regulations or instructions deriving therefrom.

The code accordingly gives ‘directions for use’ for the purposes of implementing the relevant
4.
provisions as well as invoking the essential principles which every European Civil Servant has to observe.
It should be read in conjunction with the Staff Regulations and the related texts. As the Committee of
Independent Experts pointed out in its second report, codes of conduct do not constitute formal
procedures, but are intended to provide an ethical frame of reference for Civil Servants and other public
office-bearers.

I.

GENERAL OBLIGATIONS

seek nor take instructions from any government, authority,
organisation or person outside their institution’ (Staff Regu-
lations, Article 11).

By virtue of the general obligations applying to them in the
exercise of their duties and their private lives, officials and
other servants are bound by an obligation as regards independ-
ence and an obligation as regards circumspection. These
obligations have been established to safeguard the activities
and the reputation of the European Union and those working
in its service.

A.

Obligation as regards independence

The obligation as regards independence is an absolute
1.
requirement incumbent on European Civil Servants in relation
to national authorities, including the States of which they are
nationals, political
forces, and pressure groups, and also
implies that they must act with personal impartiality in order
to further the general interest.

2.
European Civil Servants must faithfully serve the Euro-
pean Union and the European Union alone: ‘they must carry
out
themselves solely with the
interests of the Communities in mind. They shall neither

their duties and conduct

3.
To guarantee such independence, Articles 11, 12, 13,
and 14 of the Staff Regulations lay down a system of express
authorisation and notification obligations. Since they have to
cooperate faithfully with Parliament, officials must, on their
own initiative, notify information concerning their personal
situation or seek the necessary permission without awaiting
action or checks by the Administration.

(a)

Permission to receive honours, decorations, favours,
or gifts

1.
Permission has to be obtained from the proper authority
before officials may ‘accept … from any [outside] source
[whatsoever], any honour, decoration, favour, gift or pay-
for services rendered either before their
ment …, except
appointment or during special
leave for military or other
national service and in respect of such service’ (Article 11).

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2.
The above procedure must always be followed when-
ever the item in question, including gifts or presents, might
appear to be or constitute an advantage within the meaning of
Article 11 of the Staff Regulations. Officials or other servants
wishing to benefit from such an advantage must seek the
necessary permission from the proper authority, through the
usual channels, using the appropriate form. If, however, the
intrinsic value of a gift is less than EUR 100, the recipient does
not require authorisation to accept it. When the value involved
is above that limit, officials and other servants are advised to
discourage outside parties from giving gifts connected in any
way with work performed in the line of duty. Those in doubt
should contact the Personnel Division for guidance on the
correct procedure to observe. The same applies where other
provisions of this code of conduct are concerned.

Officials and other servants need to be keenly aware of
3.
the risks to which they might be exposed, not least from the
disciplinary point of view, on account of
the aggressive
business practices of some companies or possible offers of
employment in the private sector after they have left Parlia-
ment’s service.

4.
It follows that, when dealing with the pressure groups
or lobbies that keep a close watch on Parliament’s activities,
officials or other servants must behave in the manner required
by the independence of their position and the principle of
integrity.

5.
Given that Parliament’s growing role and powers are
in certain quarters, officials and other
attracting interest
servants need to proceed with the utmost caution whenever
the occasion demands. They must accordingly show tact and
exercise their judgement (1).

6.
Finally, the reference to ‘honours’ in Article 11 covers
any form of reward, including gratuities, that might blur the
distinction between private dealings and the responsibilities
conferred on an official or other servant.

(b)

Permission to engage in an outside activity

Under Article 12 of the Staff Regulations, officials and
1.
other servants must obtain permission from the proper
authority when they propose to engage in an outside activity,

(1) The First Protocol to the Convention on the protection of the

European Communities’ financial interests states that:
‘ … the deliberate action of an official, who, directly or through
an intermediary, requests or receives advantages of any kind
whatsoever, for himself or a third party, or accepts a promise of
such an advantage, to act or refrain from acting in accordance
with his duty or in the exercise of his functions in breach of his
official duties in a way which damages or is likely to damage the
European Communities’ financial interests shall constitute passive
corruption’
(…)
‘… the deliberate action of whosoever promises or gives, directly
or through an intermediary, an advantage of any kind whatsoever
to an official for himself or for a third party for him to act or
refrain from acting in accordance with his duty or in the exercise
of his functions in breach of his official duties in a way which
damages or is likely to damage the European Communities’
financial interests shall constitute active corruption’.

gainful or otherwise, whether or not it is connected with their
duties in Parliament. The same applies to persons wishing to
carry out an assignment outside the Communities. ‘Permission
shall be refused if the activity or assignment is such as to
impair the official’s [or other servant’s] independence or to be
detrimental to the work of the Communities’.

The manner of giving effect

2.
to this provision is
determined by reference to Article 55 of the Staff Regulations,
which stipulates that ‘officials and other servants in active
employment shall at all times be at the disposal of their
institution’. For permission to be granted, the outside activities
should not provide more than a subsidiary occupation and
source of income, if gainful activity is involved, that could not
be considered to constitute normal employment for a person
in the country where the activities are carried on. In other
words, officials and other servants may not be employed
simultaneously in a public and private capacity (authorisation
to work as a translator, doctor, nurse, architect, full-time
teacher, or typist, or to carry on a business, etc. is invariably
refused).

3.
The ban on holding two jobs also applies to officials
and other servants working part time in accordance with
Article 3 of Annex IVa to the Staff Regulations but does not
affect those taking leave on personal grounds (Article 40),
provided that they conform to the ethos of the European Civil
Service (Article 16).

4.
When considering whether to grant permission, the
appropriate authority takes into account the nature of the
activity and the body in which the activity is to be performed,
the duration of and timetable for the services, the financial
arrangements, and, where applicable, the end results of the
activity (for instance publications). Officials and other servants
must apply using the appropriate form. Authorisation is given
only in respect of a specific activity for one year at a time. If
the activity is to continue for more than a year, the official or
other servant must submit a fresh application every year.

5.
Attendance at conferences or symposia as an official
representing Parliament is not affected by Article 12, since
authorisation and indeed travel orders are a matter for the
Directorate-General concerned. No fees may be paid for
attendance in the above capacity.

Leisure, charitable, and other activities of the same kind
6.
are not subject to authorisation. However, officials and other
servants may not engage in such activities unless these
are consistent with the principle of independence and the
requirement to remain at the disposal of Parliament and entail
no adverse consequences for the European Union.

7.
An official or other servant who has been permitted to
carry on an outside activity may not accept any payment other
than refunds of costs related directly or indirectly to that
activity.

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8.
Copyright and other rights in respect of works produced
by officials or other servants are excluded from the scope of
the above provisions, without prejudice to Article 18 of the
Staff Regulations. In cases covered by that Article, the sums
received are paid as revenue to the Community budget.

undertaking that it will cease within a specified period, the
appointing authority may decide that the officials [or other
servants] be transferred to another post or be required to
resign’ (Article 13). The form for declaring a spouse’s gainful
employment must be completed whenever the spouse changes
or leaves a job. The declaration is added to the personal file of
the official or other servant concerned.

(c)

Officials and other servants are forbidden to hold
interests in undertakings which are subject to the
authority of their institution or which have dealings
with that institution; consequences of a spouse’s
gainful employment

5.
To complete the system of rules in this area, the Staff
Regulations stipulate that officials or other servants ‘who in
the performance of their duties are called upon to decide on a
matter in the handling or outcome of which they have a
personal interest such as to impair their independence shall
inform the appointing authority’ (Article 14).

1.
Officials and other servants may not hold personal
interests likely to conflict with those of the Community or
their institution. Accordingly, the Staff Regulations prohibit
in
them from ‘keeping or acquiring, directly or indirectly,
undertakings which are subject
the
institution to which they belong or which have dealings with
that institution, any interest of such kind or magnitude as
might
impair their independence in the performance of
their duties’ (Article 12, second paragraph). The undertakings
referred to in this Article are those with which officials or
other servants are required to negotiate or conclude contracts
or which they supervise.

to the authority of

In practice, should officials or other servants be required
2.
to negotiate or conclude a contract or supervise an undertaking
in which they hold an interest,
inform the
Secretary-General of this fact in writing without delay through
their immediate superiors so that they may be relieved of their
duties and, where appropriate, transferred. If they did acquire
interests in such companies, they could incur severe disciplin-
ary penalties.

they must

3.
Given that an official’s spouse may retain or acquire
interests in undertakings subject to the authority of or having
dealings with Parliament and the nature or magnitude of those
interests might be such as to impair the independence of the
official in the performance of his or her duties, it is important
that the official declare the spouse’s interests to enable a
solution to be found whereby he or she can carry out his or
her duties and conduct him- or herself solely with the interests
of the Communities in mind, as is required under Article 11
of the Staff Regulations.

6.
The above provision, which is more sweeping than the
second paragraph of Article 12, relies on the honesty of
officials and other servants by asking them to inform the
proper authority whenever their neutrality might be called
into question (as might prove to be the case, for instance, if an
official or other servant were serving on a disciplinary board
or competition selection board that had to deal with a close
friend or relative) or their particular circumstances might cast
doubt on their impartiality and hence the impartiality of
Parliament. In such situations the proper authority determines
whether the duties of the person concerned should be changed.

7.
Finally, the obligation as regards independence has a
personal aspect that is closely connected with the obligation
i.e. the requirement for
as regards integrity and honesty,
officials or other servants to adopt an impartial approach in
relation to every action or fact from which they might derive
personal benefit because of their duties, even after they have
ceased to work for Parliament.

8.

Article 16 has been drafted to cover risks of that nature:

‘Officials [and other servants] shall, after leaving the service,
continue to be bound by the duty to behave with integrity and
discretion as regards the acceptance of certain appointments
or benefits.

Each institution shall, after consulting the Joint Committee,
specify what posts debar officials [or other servants] who have
held them from engaging in any occupation, whether gainful
or not, for a period of three years after leaving the service,
except in accordance with the following provisions.

4.
Where spouses ‘are in gainful employment, officials [or
other servants] shall inform the appointing authority of their
institution. Should the nature of the employment prove to be
incompatible with that of the officials [or other servants] and
if the officials [or other servants] are unable to give an

During these three years any officials [or other servants] who
have held such posts shall be required to inform immediately
the institutions to which they belonged during the three years
before they left the service of the duties or assignments which
they may be called upon to carry out.

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The institution shall, after consulting the Joint Committee,
notify the persons concerned, within 15 days of being so
informed, whether it forbids them to accept such duties or
assignments.’

job description (relations with the Press) or by decision of their
Director-General or the Secretary-General. Every Directorate-
General other than DG III should consequently appoint one of
its officials to handle relations with the Press in cooperation
with the Directorate-General for Information.

9.
The Bureau is the authority responsible for laying down
the list of posts to which, for Parliament’s purposes, the
three-year rule applies.

B.

Obligation as regards circumspection

1.
The Staff Regulations stipulate that ‘officials [and other
servants] shall abstain from any action, and, in particular, any
public expression of opinion which may reflect on their
position’ (Article 12, first paragraph).

The above provision establishes the general obligation
2.
as regards circumspection whereby officials and other servants,
while remaining free to express their opinions as the funda-
mental principles of human rights and citizens’ rights allow
them to do, must observe a degree of moderation and conduct
themselves at all times with a due sense of proportion and
propriety.

for it

3.
Any failure to observe the obligation as regards circum-
spection is assessed according to the nature and level of the
duties performed and the circumstances,
is more
incumbent on the most senior officials and other servants to
show self-control in what they say and write, as well as in their
attitudes. A distinction must also be drawn in terms of specific
actions, depending on whether they occur in or outside the
line of duty or in connection with trade-union activity, in
respect of which freedom of expression is guaranteed by
Article 24a of the Staff Regulations. Assessment is also based
on the amount of publicity given to an expression of opinion
or a particular action.

4.
The obligation as regards circumspection is different
from discretion with regard to facts and information to which
officials or other servants have become privy while performing
their duties (see point 3).

5.
The obligation as regards circumspection does not
prohibit officials from participating in public life both as
citizens and as elected representatives, but the Staff Regulations
lay down provisions concerning two instances, namely stand-
ing for election and publication of documents.

6.
Although specific reference is made to written material,
officials and other servants must not underestimate the
consequences of taking part in interviews or appearing on
broadcasts on television, radio, or other media. Even though
they might have been approached by the media for reasons
unconnected with their position, they are advised to inform
if an
Parliament whenever possible. On the other hand,
interview or programme relates directly to their duties, they
must be expressly authorised to appear either by virtue of their

C.

Obligation as regards discretion

1.
Pursuant to Article 17 of the Staff Regulations, ‘officials
[and other servants] shall exercise the greatest discretion with
regard to all facts and information coming to their knowledge
in the course of or in connection with the performance of
their duties; they shall not in any manner whatsoever disclose
to any unauthorised person any document or information not
already made public. They shall continue to be bound by this
obligation after leaving the service’.

The duty to exercise discretion relates to the internal
2.
proceedings and action of Parliament, the confidential nature
of which is thus taken as read. No distinction is made between
different forms of disclosure. Those entitled to have access to
information are, depending on the matters involved, the
superiors and subordinates of officials and other servants,
provided that the information is necessary for the performance
of their duties, or the body for which they are working
(competition selection boards, for example: selection board
proceedings may not be notified to the personal superiors of
officials or other servants appointed to such selection boards).
Officials and other servants must provide full information and
not conceal details likely to compromise a procedure. With
respect to their superiors, they may not consider themselves
the depository for professional secrets. It is only information
covered by medical secrecy that may not be revealed to
superiors, whoever they might be.

3.
In certain situations the duty to exercise discretion may
become professional secrecy for certain sectors, bodies, or
entities: the information entrusted as secret must then be
protected (proceedings of a competition selection board,
deliberations of committees when their internal rules of
procedure so provide), as must information which has come
to the knowledge of officials or other servants in the course of
their duties and relates to persons (medical secrecy, family life,
or financial or tax affairs). Thus, professional secrecy is a
fundamental obligation for all officials and other servants
working in the departments responsible for administering the
affairs of the Members or staff of Parliament.

4.
the
To underpin this duty to exercise discretion,
permission of the proper authority is required for officials or
other servants to ‘disclose on any grounds whatever, in any
legal proceedings, information of which they have knowledge
by reason of their duties’. Permission ‘shall be refused only

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where the interests of the Communities so require and such
refusal would not entail criminal consequences as far as the
officials [or other servants] are concerned. Officials [and other
servants] shall continue to be bound by this obligation after
leaving the service’ (Article 19). According to the case-law of
the Court of Justice, the proper authority has to give its consent
to enable an official or other servant to assist actively in
national legal proceedings, for instance to testify as a witness.
That authority is obliged to grant permission unless it is
entitled to refuse for urgent reasons connected with the need
to safeguard the interests of the Communities.

5.
However, such permission is not necessary if officials
or other servants are required to give evidence before the
Court of Justice or a disciplinary board on a matter involving
an official or other servant or former official or other servant
of the European Union.

which the obligation as regards circumspection is a less
sensitive issue. The proper authority nevertheless has to
determine whether they must take leave on personal grounds
on account of the specific nature of the election. Candidates
not on leave on personal grounds must behave in a manner
consistent with the duties that they are continuing to perform
in Parliament.

4.
Where officials or other servants are elected, they must
immediately inform Parliament so that the proper authority
may decide, having regard to the importance of the elective
office and the conditions under which it is to be discharged,
whether they should continue in active employment or apply
for leave on personal grounds. In the latter case, the duration
of the leave shall be equal to the term for which the officials
or other servants have been elected. To that extent, leave taken
for this purpose is different from the leave granted under
Article 40.

(a)

Situation of officials or other servants who are
candidates for elective public office

(b)

Publications

1.
Officials or other servants who are candidates for
elective public office must inform their institution and ensure
that a distinction is drawn between their status as candidates
and their official duties. They must observe the greatest
discretion with regard to all facts and information coming to
their knowledge in the course of or in connection with the
performance of their duties.

1.
The second paragraph of Article 17 stipulates that
‘officials [or other servants] shall not, whether alone or
together with others, publish or cause to be published without
the permission of the appointing authority, any matter dealing
with the work of the Communities. Permission shall be refused
only where the proposed publication is liable to prejudice the
interests of the Communities’.

2.
Allowing sufficient time and in any event not later than
the final date for delivery of nomination papers, candidates
must apply for leave on personal grounds (Article 15) using
the appropriate form. In principle, the leave will commence
on the first working day following the final date for delivery
of nomination papers and end in the evening of the last
working day before the election. Longer leave may nevertheless
be taken, up to a maximum of three months or, where
appropriate, under the provisions set out below, for a period
not exceeding the duration of the shortest official campaign in
Member States on the occasion of European elections, that is
to say, two weeks. Candidates must apply for leave on personal
grounds, the object of which is temporarily to dispense them
from the obligation as regards circumspection in order to
enable them to exercise the freedom of expression implied in
if they are standing in a European
an election campaign,
election or an election of national importance (to the national
Parliament, as the chief candidate on a list for an election to a
regional council or for office in a large conurbation, and so
forth).

Accordingly, the full text of any proposed publication
2.
connected with the work of
the Communities must be
forwarded to the proper authority through the usual channels,
together with the appropriate form, and may be published
only where express authorisation has been granted. In order to
assess the compatibility of a publication dealing with the work
of the Communities, the above authority must be able to refer
to the opinion of the immediate superiors of the officials or
other servants concerned. Should it think fit, it may also request
other opinions and is empowered to make an assessment in
the light of Parliament’s reputation. Officials and other servants
must ensure that the authority is given a reasonable period of
time in which to take a decision, including, where appropriate,
time for the proposed publication to be translated. Authoris-
ation to publish shall be refused only where the text in
question is genuinely liable to prejudice the interests of the
Communities.

3.
Instead of taking leave on personal grounds, candidates
may use their annual leave to meet their campaign obligations
if they are standing in an election of a type other than those
mentioned above, for instance local government elections, in

3.
As a general rule, officials and other servants are
authorised to publish texts on condition that they do not refer
to their status and that they indicate that the opinions set out
in the text constitute the personal opinion of the author, since
this will enable Parliament’s image and reputation to be
maintained to the greatest possible degree.

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4.
Outside the service, and in so far as European Union
activities are not involved, the general rule is one of freedom
and enables officials and other servants to contribute to
literary, artistic, or scientific publications and the like. In that
event, they are acting in a private capacity and may not
mention that they belong to the European Civil Service.

medical examination organised by Parliament. They could face
disciplinary proceedings if they refused to allow the examining
doctor to carry out such an examination or delayed it on
anything other than imperative medical grounds. The absence
of officials or other servants who left their place of employment
without permission during a period of sick leave would be
deemed to be unauthorised.

II.

SERVICE OBLIGATIONS

At the end of the period covered by an authorisation, officials
and other servants must return to their place of employment.

It is the task of officials and other servants to serve Parliament
by performing the role assigned to them. Several duties derive
from this concept of service, namely the duty to be constantly
at the disposal of Parliament, the duty of officials and other
servants to perform the tasks assigned to them, the duty to
comply with the instructions of immediate superiors, the duty
to assist and tender advice to superiors, the duty to assist
investigating authorities, and the duty of officials and other
servants to fulfil their private obligations and comply with the
laws and police regulations in force.

A.

Duty to be constantly at the disposal of Parliament

1.
‘Officials [and other servants] … shall at all times be at
the disposal of their institution’ (Article 55). They shall observe
official working hours, the normal working week, and arrange-
ments for leave, and may not absent themselves from work
without permission or justification.

2.
the
That provision enables Parliament, because of
exigencies of the service and within the limits laid down in
Article 56 of the Staff Regulations, to ask officials to work
overtime, recall them from annual leave, or cancel the leave
authorisation granted.

3.
To provide a more effective guarantee that officials and
other servants will comply with their duty to be constantly at
the disposal of their institution, the Staff Regulations have also
introduced a residence obligation, namely: ‘officials [and other
servants] shall reside either in the place where they are
employed or at no greater distance therefrom as is compatible
with the proper performance of their duties’ (Article 20).

4.
Pursuant to that provision, officials and other servants
may not ignore the obligation to notify their personal address
to Parliament (see form for notifying a change of private
address). Notification of a private address enables Parliament
to register officials with the appropriate national authorities,
with all the material, legal, and practical consequences that
such registration entails.

Article 60 underpins the provision by requiring officials
5.
and other servants to obtain prior authorisation from the
proper authority to spend sick leave away from their place of
employment. Such authorisation is granted by the authority in
question, after consulting the Medical Officer, in respect of a
specific period and a specific address. At any time, officials and
other servants on sick leave may be required to undergo a

B.

Duty of officials and other servants to perform the
tasks assigned to them

1.
‘Officials [and other servants] are responsible for the
performance of the duties assigned to them’ (Article 21). They
must devote themselves to performing the work involved in
the posts they occupy and may not transfer responsibility for
that work to their colleagues, otherwise they may be dismissed
on the grounds of incompetence (Article 51). Even if they feel
that a post does not suit them, they remain obliged to perform
their duties in their place of employment until such time as a
transfer may be granted. The obligation incumbent on officials
and other servants to perform the duties assigned to them also
implies that they must cooperate with other colleagues and
have an understanding of teamwork.

The requirement that officials and other servants per-
2.
form the duties assigned to them is sometimes accompanied
by an obligation to wear a uniform. In that case, the uniform
is selected and paid for by Parliament.

3.

Pursuant to Article 22:

‘Officials [or other servants] may be required to make good, in
whole or in part, any damage suffered by the Communities as
a result of serious misconduct on their part in the course of or
in connection with the performance of their duties.

A reasoned decision shall be given by the appointing authority
in accordance with the procedure laid down in regard to
disciplinary matters.’

Article 22 thus acknowledges the financial liability of officials
and other servants in cases of serious personal misconduct
and grants unlimited jurisdiction to the Community judicial
authorities in disputes arising under this provision.

C.

Duty to comply with instructions from and to
assist and tender advice to superiors

1.
Officials and other servants must perform their duties
in accordance with the instructions received. Irrespective of
their seniority, they are subordinate to their superiors and
subject to the authority of Parliament. Furthermore, ‘officials
[and other servants], whatever their rank, shall assist and
tender advice to their superiors’ (Article 21, first paragraph),

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which implies active and honest cooperation, informing and
explaining, proposing initiatives and solutions, and giving
advice clearly. In the performance of their duties, they are to
disregard their personal interests.

support to enable them to discharge their parliamentary office.
Bearing in mind the role, aims, and collective nature of
Parliament, they must take the utmost care not to place
particular interests above the general interest.

As a corollary to this duty to assist and tender advice,
2.
there is also the duty of deference and propriety towards those
on whom Parliament has conferred a superior position. The
Court of First Instance has ruled that officials and other
servants must refrain from conduct prejudicial to the dignity
and respect due to an institution and its authorities (judgment
of the Court of First Instance of 26 November 1991 in Case
T-146/89).

3.
The second paragraph of Article 21 stipulates that
‘officials [or other servants] in charge of any branch of the
service shall be responsible to their superiors in respect of the
authority conferred on them and for the carrying out of
instructions given by them. The responsibility of their subor-
dinates shall in no way release them from their own respons-
ibility’.

4.
Officials and other servants invested with hierarchical
authority have the power to give instructions and the obli-
gation to take responsibility for them, both as regards their
content and implementation, and may not disclaim such
responsibility. They must carry out the instructions of their
superiors without fail and may not misconstrue them when
doing so. The power deriving from authority also implies that
an immediate superior has a duty to listen to his or her
subordinates and show concern for their welfare.

The duty to comply with instructions from superiors
5.
has certain limits:
‘Officials [or other servants] who receive
instructions which they consider to be irregular or likely to
give rise to serious difficulties shall inform their immediate
superior,
if necessary in writing. If the officials [or other
servants] then receive written confirmation of the instructions
from their superior, they shall carry them out unless they
constitute a breach of criminal law or of the relevant safety
this provision,
standards’
respect for superiors takes precedence unless the irregular
instruction constitutes a breach of the law or is in conflict with
safety requirements.

(Article 21). Thus, by virtue of

6.
All officials are in the service of Parliament as such to
help it accomplish the tasks conferred on it by the Treaties to
the best possible effect. They must therefore act with complete
impartiality, fairness, and neutrality, having regard solely to
the interests of Parliament and the European Union. Proceeding
on that basis and without departing in any way from the laws
and administrative regulations governing the organisation and
power structure of Parliament’s internal hierarchy, they must
assist the Members of Parliament and lend every possible

D.

Duty to treat colleagues with respect

When on duty, officials and other servants must never
the dignity of colleagues, whatever their rank, by
slanderous

1.
insult
behaving improperly or using aggressive or
language. Such actions or words carry disciplinary penalties.

2.
Furthermore, officials and other servants must show
consideration for others, be they superiors, colleagues, or
subordinates. They are absolutely forbidden to take attitudes
of outright discourtesy, for instance by refusing to carry out
instructions received or to work with or assist an overworked
colleague or reporting for work in a state not befitting the
dignity inherent in the performance of their duties.

E.

Duty of officials and other servants to exercise
their responsibilities as such

The responsibility falling to every official and other servant is
of a general as well as individual nature. Solidarity and team
spirit must prevail because all are responsible, within their
the
own sphere of activity,
Secretariat. When a problem comes to light, officials and other
servants cannot maintain that they need do nothing about it
because it is not covered by their particular job description.
For example, faults discovered in any part of a building must
be reported immediately.

for the smooth running of

F.

Duty to assist investigating authorities

1.
Without infringing personal rights, Parliament must
create the climate and guarantee the transparency required to
ensure that any problems can be dealt with internally as soon
as they arise. For the purposes of administrative inquiries
instituted and conducted in the proper form, officials and
other servants must cooperate in every way and supply such
information in their possession as might be of use for the
investigations, supported by any necessary explanations.

Similarly, officials and other servants must cooperate
2.
closely in the official inspection operations carried out by the
Community institutions and bodies empowered to do so,
including the Court of Auditors, the Ombudsman, and the
European Anti-fraud Office (OLAF), by extending all necessary
assistance and supplying information requested in connection
with an investigation or inspection.

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3.
Moreover, in keeping with the institutions’ fraud pre-
vention commitments, when officials or other servants learn
of evidence giving cause to suppose that cases of fraud,
corruption or any other illegal activity, or serious professional
misconduct may have occurred,
inform their
immediate superior without delay or, if they consider it useful,
the Secretary-General or the Anti-fraud Office directly (Bureau
decision of 25 October 1999).

they must

4.
The obligation to provide information presupposes that
officials or other servants themselves know of factual ‘evidence’
from which it may be inferred that the cases to which it relates
are such that
they could become the subject of OLAF
investigations. Rumours and conjecture are not evidence. In
addition, it goes without saying that anyone who makes a
malicious accusation has to take personal responsibility for his
or her actions. The interinstitutional agreement also stipulates
that, when it emerges that an official or other servant may be
personally implicated, he or she must be swiftly informed,
provided that it is possible to do so without harming the
investigation. In any event, when an official or other servant
has been mentioned by name, the corresponding conclusions
may not be drawn at the end of the inquiry unless the named
party has been given an opportunity to comment on all of the
relevant points.

III.

RELATIONS WITH CITIZENS

The European Civil Service has to be both open and
1.
accessible to citizens because decisions taken at Community
level are having an increasingly direct impact on the various
aspects of everyday life.

2.
Parliament must consequently take the steps required
to enable it to adapt its management style and administrative
culture so as to make for better communication with the
public.

3.
The term ‘public’ covers all natural and legal persons
(European Union citizens, nationals of non-member countries,
business circles, and so forth), whether they act individually or
through representatives such as lawyers or interest groups.

4.
When handling a request or matter in the performance
of their duties, officials and other servants shall refrain at all
times from practising any form of discrimination on the
grounds of nationality, sex, race or ethnic origin, culture,
religion, age, language, sexual orientation, or physical con-
dition. They shall likewise take care never to abuse the powers
conferred on them when carrying out their duties.

G.

Duty of officials and other servants to fulfil their
private obligations and comply with the laws and
police regulations in force (Article 23)

5.
Officials and other servants shall behave in a courteous,
friendly, and helpful way when dealing with the public. The
answers that they give must be prompt, factual, polite, and
clear-cut.

‘The privileges and immunities enjoyed by officials [and
other servants] are accorded solely in the interests of the
Communities. Subject
to the Protocol on Privileges and
Immunities, officials [and other servants] shall not be exempt
from complying with the laws and police regulations in force.’

H.

Protection of officials and other servants

To match the obligations incumbent on them, Parlia-
1.
ment has a duty to protect its officials and other servants as
laid down in Articles 24 and 26 of the Staff Regulations.

2.
It must not only assist and defend officials and other
servants when they are exposed to threats or insults or when
they themselves or members of their families are the victims
of an attack on their person or property, but also, showing
concern for their welfare as it is required to do, take their
legitimate interests into account in all of its decisions.

A.

Administrative openness

Whenever an outside person sends a written request to
1.
an administrative department of Parliament, its receipt must
be rapidly acknowledged, specifying the surname, forename,
position, and office address of the person responsible for
processing it. These details must appear in all correspondence
sent to the applicant. The reply shall be drafted in the official
language of the European Union used by the applicant and, in
accordance with the Bureau decision of 10 July 1997, given
within 45 days.

2.
Officials and other servants are not obliged to acknow-
ledge receipt of requests submitted in such numbers or so
repeatedly or systematically that they can be said to constitute
an abuse.

3.
When requests have been sent to the wrong administrat-
ive department, the officials or other servants who receive
them shall
immediately pass them on to the appropriate
department and inform the senders of the action taken.

Furthermore, Parliament must preserve the confiden-
3.
tiality of personal files and existing computerised data used in
personnel management systems.

In addition to his or her signature,

the surname,
4.
forename, and position of the person responsible shall be
specified in every decision.

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Officials and other servants must clearly set out the

5.
reasons for an unfavourable decision.

documents. If necessary, they shall draw senders’ attention to
the cost of postage.

6.
If it is possible to appeal against a decision, that fact
must be clearly stated, together with the full details required to
enable an appeal to be lodged.

5.
Officials and other servants are not obliged to take
action on requests submitted in such numbers or so repeatedly
or systematically that they can be said to constitute an abuse.

7.
Officials and other servants holding posts that bring
them into contact with the public must answer telephone calls
and/or electronic messages as quickly as possible. When they
are absent from work, messages and calls must be rerouted to
the lines and e-mail terminals of the colleagues replacing them
and/or on duty. Superiors are responsible for ensuring that
services are manned.

8.
Officials and other servants working for departments
dealing with the public, and in particular the unit responsible
for organising open competitions, must answer questions as
and when permitted by the procedures laid down by regulation
and administrative practices.

Unclear or factually incorrect questions must be re-

9.
turned to the senders with a request for further clarification.

B.

Access to European Parliament documents

Article 255 of

the consolidated version of

1.
the EC
Treaties states that the public has a right of access to European
Parliament documents. The Bureau decision of 10 July 1997
published in the Official Journal of the European Communities (OJ
L 263, 25.9.1997, p. 27) lays down the specific provisions
regarding access (Article 255(3)).

The right of access applies only to completed docu-
2.
ments of a non-confidential nature and does not cover
documents drawn up in preparation for a decision. It no
longer operates when documents are circulated in the public
domain. It does not apply to documents produced in connec-
tion with a service contract performed purely for the internal
purposes of one or more of Parliament’s departments.

3.
When a request relates to a document produced by
another Community institution or body or any other national
or international organisation, the official or other servant
responsible for processing it must advise the person making it
to apply directly to the to the institution concerned or other
source of the document and, wherever possible, supply the
necessary names and addresses.

4.
Officials and other servants shall endeavour to find a
solution when requests are incomplete or relate to bulky

6.
The Secretary-General or his representative shall reply
on behalf of Parliament, on a proposal from the bodies or
departments concerned.

7.
Within 45 days of receiving a request, the official or
other servant concerned shall inform the applicant either that
the appropriate
the request has been approved or that
department intends to propose that Parliament reject it. In the
latter case, the applicant shall likewise be informed of the
reasons for the intention to recommend rejection and the fact
that a further request confirming the first may be submitted
within not more than 45 days. Should no confirmation be
sent, the applicant shall be deemed to have forgone his or her
initial request.

8.
Should the appropriate department refuse to allow
access to a document (within 45 days of confirmation of the
request), the official or other servant concerned shall inform
the applicant in writing as quickly as possible. The decision
must be duly substantiated and specify the means of appeal
available, namely application to a court or a complaint to the
Ombudsman.

C.

Data gathering and information storage

Where Parliament is called upon to gather information or data
from the public, that information, barring the express consent
of the parties concerned, may be stored to be used only for
historical, statistical, or legal purposes once the purpose for
which it was compiled has been achieved.

D.

Complaints

Members of the public are entitled to complain against

1.
any infringements of the provisions set out in Section III.

2.
A person responsible for handling complaints shall be
appointed within the Directorate-General for Personnel under
the authority of the Director-General.

3.
The person responsible for handling complaints shall
inform the Directorates-General concerned of their subject
matter and deal with them properly and in accordance with
the rules.

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CONCLUSIONS

Under the Staff Regulations, and in accordance with the intentions of its founders, serving the
1.
European Community confers special dignity on officials and other servants, whatever the nature of their
duties, the importance of their responsibilities, or their position in the hierarchy. Conversely, it imposes
obligations on them and requires conduct commensurate with such dignity. Anyone entering the
European Civil Service must be aware of these requirements, laid down solely in the interest of the
Community, and understand that the guarantees provided by the Staff Regulations (job security, career
structure, pay, welfare benefits for officials and members of their families, including after their death,
entitlement to Parliament’s assistance and support) are not merely intended to reward work and skills,
but are accorded in return for the duties of independence, impartiality, and circumspection, and the
loyalty due to Parliament.

2.
In establishing this balance of rights and obligations, the legislators wished to protect the
Community, in the common interest of the States of which it is made up, from the risk that its officials
and other servants might become obligated to persons or forces encountered in Community life. This
employment relationship is rooted in the culture and history of the Member States and its specific
character distinguished by the spirit of 9 May 1950.