Transcript Titel
Codes of Conduct and other legal instruments for building the public trust in parliaments Austrian regulations and experiences
Alexandra Becker, Austrian Parliamentary Administration ECPRD Seminar “Structures and procedures with regard to the code of conduct for MPs and with regard to the integrity of parliamentary staff” 8/9 May 2014, Skopje
Code of Conduct and other legal instruments • There is
no Code of Conduct
for Members of the Austrian Parliament • But there are
complex regulations
concerning the rights and duties of Members of Parliament in various laws • There is
no internal Compliance Body
in the Austrian Parliament •
Scope of this Presentation
: (1.) Austrian National Council Rules of Procedure Act (2.) Austrian Federal Constitution (3.) Transparency Package (Incompatibility and Transparency Law in detail) (4.) Practical Experience 2 REPUBLIK ÖSTERREICH Parlament
1. Austrian National Council Rules of Procedure Act •
Compulsory presence
in plenary and committee sittings • The
president
has to ensure the protection of the dignity and the rights of the National Council/the Federal Council • Disciplinary measures:
Call to Order
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2. Incompatibility Rules in the Austrian Federal Constitution • • • • • • • • • Membership in a parliamentary chamber is
incompatible with
being: Member of the other parliamentary chamber Member of the European Parliament Austrian Federal President President of the Audit Office Member of the Ombudsman Board Member of the Supreme Court of Justice, the Constitutional Court, an Administrative Court or the Higher Administrative Court There is
no incompatibility
with being a Member of the Federal Government or a State Parliament 4 REPUBLIK ÖSTERREICH Parlament
3. “Transparency Package” July 2012
Reforms
of the: • Political Party Act • Criminal Code (Act Amending Anti-Corruption Legislation) • Act on the Transparency of Lobbying and Interest Representation • Incompatibility and Transparency Act 5 REPUBLIK ÖSTERREICH Parlament
Incompatibility and Transparency Act I • Regulates the
admissibility
of
activities
in the private and public sector • All information concerning incompatibility has to be given
within one month
from joining the Parliament • Members of Parliament are
not allowed
to accept any
lobby-order
• The
President
of the National Council and the
chairman/chairwoman
of a Parliamentary Group are generally
not allowed
to have any
profession with commercial motivation
• There is
no need to report
functions that can only be taken up because of being a Member of Parliament 6 REPUBLIK ÖSTERREICH Parlament
Incompatibility and Transparency Act II – Obligations to report • Every
leading position
in a stock company, a limited liability company, a foundation or a savings bank • Every Employment with a
regional authority
• Every
activity
for which Members of Parliament get than a compensation of costs
money
that is more • Every
leading voluntary activity
•
Gross monthly income
in addition to the income as a Member of Parliament -
5 categories
: 1-1.000 €, 1.001-3.500 €, 3.501-7.000 €, 7.001 10.000 € and more than 10.000 € 7 REPUBLIK ÖSTERREICH Parlament
Incompatibility and Transparency Act III – Consequences • All reported information has to be
published
by the President of the National Council/the Federal Council on the
Website
of the Austrian Parliament • The responsibility for the
correctness
and functions and activities lies only with the
completeness Members
of the reported of Parliament • The
Incompatibility Committee examines functions
only if the already
reported
are compatible with the work as a Member of Parliament • If a Member of Parliament engages in an occupation or holds an office without permission, the Incompatibility Committee can file a
request for termination of the office with the Constitutional Court
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Practical Experience • In October 2013 a
new database
for Members of Parliament to fill in all relevant data (personal data, biographical data, data for the parliament‘s children website, data to transfer the salary) went online •
Obligations
to report because of the
Incompatibility
and Transparency Act were also
implemented
•
Information/Lists
for the Website is/are
automatically created
• “
Service Centre
” 9 REPUBLIK ÖSTERREICH Parlament
Screenshot database “input form” 10 REPUBLIK ÖSTERREICH Parlament
Screenshot “Who-is-Who-Page” 11 REPUBLIK ÖSTERREICH Parlament
Screenshot “Transparency Tab” 12 REPUBLIK ÖSTERREICH Parlament
Screenshot “Incompatibility and Transparency List” 13 REPUBLIK ÖSTERREICH Parlament
Conclusions •
Transparency
has
increased
significantly because of the new regulations • Members of Parliament are very
interested in correct reporting
• The legal
regulations
are
still
very
complex
– the
database
should
help
to prepare the information in a comprehensible way • There are discussions but no concrete plans for a real Code of Conduct 14 REPUBLIK ÖSTERREICH Parlament
Further information www.parlament.gv.at
Alexandra Becker Legal, Legislative and Research Services Austrian Parliament Dr. Karl Renner-Ring 3, A-1017 Vienna Tel. +43 1 40 110-2764 (2608) E-mail: [email protected]
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