Practical implementation of a forward-looking code of ethics in the Romanian public sector

Although the Romanian government has, for some years now, worked to improve the situation by setting up independent institutions with extended powers, it decided to bolster the ethics of its administration, both to ensure transparent public action and to increase the trust placed in it by Romanian citizens.

As part of this, the Etica project (acronym for "ethics, transparency and integrity in the conduct of the administration") was launched. It is one of the components of the POCA programme (1) and is coordinated by the National Agency for Public Officials, which is responsible for HR.

At the end of 2019, an ordinance clarified and completed the existing provisions on ethics, amending the administrative code – the equivalent of a status – which is applicable without distinction to all government employees, whether permanent or contractual.

.

The fundamental obligations of impartiality, loyalty and neutrality are given particular attention in the new code, but emphasis has been placed on managerial responsibility (Art. 449). Managers are the "guarantors of equal opportunities and treatment with regard to professional development". They must ensure a fair and equitable distribution of tasks.

The initiative also created the role of "ethics counsellor". This important role is the cornerstone of the entire structure. The conditions of appointment, exercise and assessment are enshrined in a prescriptive act:

• Any employee may apply. The application must be accompanied by a recommendation from one of his or her superiors (to attest to his or her moral integrity) and a personal declaration of integrity and assets.
• Once selected (for a maximum of 3 years), the counsellor undergoes specific training. The counsellor retains his/her post but is given 50% time off to carry out this task, which is not subject to any hierarchical authority. He/she receives confidential reports and writes detailed reports concerning the monitoring of enforcement of the code and compliance with the principles and rules of conduct in his/her department.
• An individual performance assessment is conducted annually. It is carried out by the Director and focuses exclusively on the achievement of the objectives established by law. In the event of a dispute, the file is sent to the ANFP for review.

In time, there will be some 700 ethics counsellors throughout Romania.

¹ Operational programme for the capacity of the Administration.