Staff regulationsl – Part III : Duties and obligations of staff

«I solemnly declare that I will carry out the duties entrusted to me as a member of the staff of the Council of Europe loyally and conscientiously, respecting the confidence placed in me. In discharging these duties and in my official conduct I will have regard exclusively to the interests of the Council of Europe. I will not seek or receive any instructions in connection with the exercise of my functions from any government, authority, organisation or person outside the Council. I will refrain from any action which might reflect upon my position as a member of the staff of the Council or which might be prejudicial morally or materially to the Council.»

2. Staff members may not, without the permission of the Secretary General, accept either directly or indirectly any material or other advantage offered in relation to the performance of their duties. This prohibition shall continue after the staff member’s employment has terminated.

Article 26 – Professional discretion

Staff members must maintain the utmost discretion in respect of facts and information which come to their notice in, or in connection with, the performance of their duties. Without the authorisation of the Secretary General they may not communicate in any form whatever to an unauthorised person any document or information which has not been made public. This obligation shall continue after a staff member’s employment has terminated.

Article 27 – Publications

1. Staff members may not publish or have published any text relating to the work of the Council, either on their own initiative or in collaboration with others, nor make public statements or deliver lectures on such matters, without the authorisation of the Secretary General.

2. The authorisation referred to in paragraph 1 shall be granted if there is no risk of the interests of the Council being affected. The decision shall be taken within thirty days of the staff member’s request. In the absence of a reply within that period, authorisation shall be deemed to have been given.

3. In the case of other publications, statements or lectures, staff members shall refrain from making use of their status as a staff member of the Council.

Article 28 – Giving evidence in legal proceedings

A staff member may not, without the consent of the Secretary General, make use in legal proceedings, for any purpose whatever, of information within the meaning of Article 26 of these Regulations. Consent shall be given if there is no danger of prejudice to the overriding interests of the Council. This prohibition shall continue after the staff member’s employment has terminated.

Article 29 – Place of residence

Staff members shall reside in such a place that they are not hampered in the performance of their duties.

Article 30 – Responsibility for performance of duties

1. Whatever their rank in the Organisation, staff members are required to assist and advise their superiors. They are responsible for discharging the tasks entrusted to them. The responsibility of their subordinates does not absolve them of the responsibilities which devolve upon themselves.

2. Where an order received by a staff member seems to that staff member to be irregular, or if he or she considers that its execution is likely to have undesirable consequences of a serious nature, he or she shall convey his or her opinion to the person giving the order, if necessary in writing. If the latter confirms the order the staff member may refer the question to the hierarchical authority immediately above. If the latter confirms the order, the staff member shall carry it out, unless its execution would constitute an act contrary to criminal law or to the safety regulations applicable to the Council. Staff members may request that they be given such confirmation in writing.

3. However, if the superior giving the order considers that it must be executed promptly, notwithstanding the provisions of paragraph 2, the subordinate shall carry it out unless its execution is contrary to criminal law or to the safety regulations applicable to the Council.

Article 31 – Unauthorised absence

Staff members may not absent themselves from their duties without authority. If they do so without valid reason, the Secretary General may deduct an appropriate amount from their remuneration, and disciplinary measures may be taken against them.

Article 32 – Secondary activities

A staff member intending to engage in an occupational activity outside the Organisation, whether paid or unpaid, shall seek the permission of the Secretary General. Permission shall be granted only if the activity in question does not interfere with the performance of the staff member’s professional obligations and is not incompatible either with the interests of the Council or with his or her being a staff member of the Council. The Secretary General shall answer the request within thirty days, failing which permission shall be deemed to have been given. Permission may be cancelled if it ceases to meet the above condition.

Article 33 – Incompatibilities [1]

1. A staff member may not be a member of a national parliament, the Parliamentary Assembly or any other international parliamentary assembly, or hold a post remunerated by a government.

2. A staff member standing for election to a parliament or assembly as referred to in paragraph 1 must notify the Secretary General, who shall place him or her on unpaid leave for the period of the election campaign. If the staff member is elected and chooses to serve his or her political mandate, he or she shall resign from the Council.

Article 34 – Election campaign for an elective mandate at regional or local level [2]

A staff member wishing to stand for public office at regional or local level shall inform the Secretary General, who, in the light of the interests of the service and the duration of the election campaign, shall decide whether the staff member may be granted leave of absence or whether he or she must take unpaid leave.

Article 35 – Acceptance of an elective mandate at regional or local level [3]

The Secretary General shall determine whether and to what extent a staff member may, in addition to his or her official duties, hold an elective mandate at regional or local level or whether he or she must take unpaid leave.

Article 36 – Official matters impinging on personal interests

Staff members to whom it falls, in the course of their duties, to deal with a matter which impinges on their personal interests in a manner which might affect their objectivity shall so inform their immediate superior. They shall be relieved of responsibility for any matter involving themselves or a member of their family.

Article 37 – Medical examination

A staff member shall submit to any medical examination provided for in the Regulations or ordered as a general measure by the Secretary General.

Article 38 – Recovery of overpayments

1. Any sum overpaid shall be recovered if the recipient was aware, or should have been aware, that there was no due reason for the payment.

2. The Secretary General may waive recovery of all or part of the amount on social grounds.

Article 39 – Privileges and immunities

1. The privileges, immunities and facilities laid down in the General Agreement on the Privileges and Immunities of the Council of Europe, signed in Paris on 2 September 1949, and in any other agreements relating thereto, are conferred on staff members solely in the interests of the Council of Europe and not for their personal benefit.

2. Privileges, immunities and facilities do not absolve staff members from their private obligations, nor from the obligation to observe the laws and regulations in force in the country where they perform their duties.

3. In every case where these privileges and immunities are invoked, the staff member concerned shall immediately inform the Secretary General.

4. Staff members may not themselves relinquish their immunities without the permission of the Secretary General, who shall if necessary take the decision to waive them.

[1]Note: as amended by Resolution Res(2004)5 of 8 July 2004.

[2]Note: as amended by Resolution Res(2004)5 of 8 July 2004.

[3]Note: as amended by Resolution Res(2004)5 of 8 July 2004.