Ministers' Deputies
CM Documents

CM(2000)58 20 April 2000
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708 Meeting, 3 May 2000
10 Legal questions

10.2. Multidisciplinary Group on Corruption (GMC)

Abridged report of the 20^th meeting (Strasbourg, 11-13 April 2000)
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1. The GMC held its 20^th plenary meeting from 11 to 13 April 2000, with Mr. L. SALAZAR (Italy) in the Chair. The plenary meeting followed a meeting of the Working group on the financing of political parties (GMCF) and was followed by a meeting of the Working Group on criminal law (GMCP).

The list of participants appears in Appendix I.

2. The agenda, as adopted by the GMC, is reproduced in Appendix II.

3. The GMC examined the opinion expressed by the European Committee on Legal Co-operation (CDCJ) at its 73^rd meeting (4-7 April 2000) on the draft Recommendation of the Committee of Ministers to member States on the codes of conduct for public officials, including, in annex, a Model Code of Conduct for public officials [the opinion can be found in Appendix VII of document CDCJ (2000) 19]. This draft Recommendation had been approved in second reading by the GMC, at its 19^th plenary meeting [8-10 December 1999, cf. meeting report, GMC (2000) 1].

The GMC proceeded to a final examination of the draft Recommendation, in the light of the opinion of the CDCJ and the additional information supplied orally by Mr V. DE GAETANO, representative of this Steering Committee to the GMC. The GMC agreed to modify the Annex of the 2^nd reading version (document GMC (99) 10 rev 4) as follows:

i) in Article 12, paragraph 1, the expression «in accordance with the procedures specified in the relevant guidance or rules of conduct » was replaced by «in accordance with the law»;

ii) in Article 12, paragraphs 2 and 3, the terms «in accordance with the prescribed procedures » were replaced by the terms «in accordance with the law»;

iii) the second phrase of paragraph 5, Article 12, would now read: «The investigation of the reported facts shall be carried out by the competent authorities»;

iv) the English version of Article 13, paragraph 2, was brought into line with the French version, by replacing the words «shares or has shared business or political interests» with the expression «has or has had business or political relations»;

v) the English version of Article 18, paragraph 1, was brought into line with the French version, by the introduction of the same alteration as indicated in point iv) above;

vi) the English version of Article 26, paragraph 4 was brought into line with the French version, by deleting the words «be careful to»;

vii) in Article 28, paragraph 2, the term «Subject to the provisions of Article 2, paragraph 2» was introduced.

In addition, the GMC rejected the proposal to add in the first phrase of Article 12, paragraph 5, the terms «in conformity with required procedures».

At the end of the debate, the GMC unanimously approved the draft Recommendation of the Committee of Ministers to member States on the codes of conduct for public officials, including, in Annex, a Model Code of Conduct for public officials, as reproduced in document CM (2000) 60. The GMC further decided to transmit it to the Committee of Ministers with a view to its adoption.

4. The GMC examined the draft Explanatory memorandum to the draft Recommendation on the codes of conduct for public officials, reproduced in document GMC (2000) 2 rev. At the end of the debate, the GMC instructed the Secretariat to prepare an amended version, incorporating, in particular, additional explanations on the reasons which had led the GMC to:

i) exclude from the scope of the Model Code, ministers, elected representatives and holders of judicial office (Article 1, paragraph 3) ;

ii) insert an obligation to report behaviour or instructions, which are unlawful, improper, unethical or contrary to the Model Code (Article 12);

iii) provide the obligation to declare the nature and scope of personal or private interests of certain public officials (Article 14) ;

iv) prohibit all rewards, real or apparent, given by individuals, connected to the exercise of public functions (Article 18) ;

v) exclude «conventional hospitality and minor gifts» from the general prohibition on gifts (Article 18).

The amended version of the Explanatory memorandum, distributed during the meeting as document GMC (2000) 2 rev 2, was the subject of a second reading during which certain formal amendments were introduced.

At the end of the debate, the GMC unanimously decided to transmit to the Committee of Ministers the text of Explanatory memorandum, as it appears in document CM (2000) 61, and invited it to authorise the publication of this document.

5. Mr R. FREMR (Czech Republic), Chair of the GMCF, informed the GMC of the progress on the preparation of draft common rules for the prevention of corruption in the financing of political parties and election campaigns.

The GMC decided to grant the request of the GMCF to have more meeting days made available in order to progress in its work, by providing that a large part of the next meeting (June 2000) would be devoted to working groups.

Furthermore, the GMC invited the Secretariat to begin the preparation of a preliminary draft final activity report for the Committee of Ministers, which the GMC could examine in June 2000 and adopt in October 2000, in the light of subsequent developments taking place in the working groups (GMCF and GMCP).

6. The Chair recalled that the conclusions of the IVth Conference of specialised services in the fight against corruption (Limassol, 20-22 October 1999), on «International Co-operation against corruption and off-shore centres: problems and solutions» had already been distributed at the last meeting. For the rest, the examination of this point was adjourned to June 2000.

7. The Chair invited delegations interested in organising the Vth Conference of specialised services in the fight against corruption to contact the Secretariat. The theme and the location of this Conference would be decided at the next meeting of the GMC in June 2000.

8. The GMC was informed by the Executive Secretary of GRECO of the state of accessions to this Agreement. The GMC took note of the state of preparation of the first evaluation round (2000-2001) and of the decisions taken by GRECO in this context.

9. The GMC was pleased to learn that the Official Journal of Slovenia had already published the law of ratification of the Criminal Law Convention on Corruption (ETS No. 173) and that the instrument of ratification would reach the Secretariat General of the Council of Europe within a few days.

The GMC also noted that Bosnia-and-Herzegovina had signed the Convention on 1 March 2000, that Turkey was preparing to do so this year, probably on the occasion of the 23^rd Conference of European Ministers of Justice (June 2000), and that the parliamentary approval with a view to ratification by Slovakia had been obtained in March 2000.

10. The GMC noted that, since its last meeting, the Civil Law Convention on Corruption (ETS No. 174) had been signed by Estonia and Bosnia-and-Herzegovina, on 24 January and 1 March respectively. Furthermore, Slovenia and Slovakia indicated their intention to sign this Convention on the occasion of the 23^rd Conference of European Ministers of Justice (June 2000).

11. The GMC received information from the Secretariat General of the Council of the European Union on the publication of a study initiated by the European Commission on Off-shore Centres.

The Secretariat informed the GMC of the adoption, at the meeting of Working Table III in Sarajevo (15-16 February 2000), of the Stability Pact Initiative against corruption, which contains many references to Council of Europe instruments.

12. Mr E. AARNIO (Finland) informed the GMC that a draft law on the financing of election campaigns had recently been submitted to the Finnish Parliament. The text of the draft was distributed to the members.

Mrs CONSTANTINESCU (Romania) informed the GMC that the Regional Conference against corruption was held in Bucharest on 30-31 March 2000, entitled «Preserving the integrity of Justice and Security officials », which followed the Global Forum against corruption, held in February 1999 in Washington D.C. The conclusions of the Conference would be made available to the GMC.

13. The Secretariat informed the members that the mandates of the Chairman, Vice-Chairman and two members of the Bureau had expired. It was necessary to fill these positions. It was recalled that the Chairs of the two working groups currently in activity, Mr C. MANQUET (Austria), Chair of GMCP, and Mr R. FREMR (Czech Republic), Chair of GMCF, would remain ex officio members of the Bureau whereas, Mrs M.O. BAUR (France), Chair of GMCC, and Mrs N. CONSTANTINESCU (Romania), Chair of GMCA, would no longer be part of the Bureau, their working groups having completed their activities.

The GMC learned that Mr R. SAMS (United Kingdom), outgoing Vice-Chair, promoted to other functions within his ministry, could unfortunately no longer participate in the work of the Group.

The GMC expressed its gratitude to Mr SAMS whose personal and professional qualities were unanimously acknowledged. His competence and dedication had significantly contributed to the smooth progress of the work, fostered team spirit and greatly improved the quality of the instruments prepared by the GMC.

In view of the departure of the Vice-Chair, the forthcoming expiry of the terms of reference and the nature of the remaining work to conclude the implementation of the Programme of Action against corruption, many delegations were in favour of renewing the terms of office of Mr L. SALAZAR (Italy) as Chair of the GMC.

Following a vote, Mr SALAZAR was unanimously re-elected Chair, subject to derogation by the Committee of Ministers of Article 17, sub-paragraph f of Annex 2 to Resolution (76) 3.

In addition, the GMC unanimously elected Mrs N. CONSTANTINESCU (Romania) as Vice-Chair of the GMC and Mr S. MELI (Malta) as member of the Bureau and re-elected Mr K. STROLIGO (Slovenia) as member of the Bureau.

14. No question was raised under the item "Miscellaneous"of the agenda.

15. The GMC decided to hold its next meeting from 19 to 23 June 2000, the first three days being reserved for the GMCF and the GMCP and 22 and 23 June to the 21^st plenary meeting.

The GM decided also that, subject to the availability of credits, it would hold its 22^nd plenary meeting in the week from 9 to 13 October 2000, without deciding at this stage the number of days of the meeting to be devoted to working groups.

Mr Davor DERENCINOVIC, University of Zagreb, ZAGREB

CYPRUS / CHYPRE:

Mr George PAPANIOANNOU, Law office of the Republic of Cyprus, NICOSIA

Mr Hans J?rgen NYMARK, Ministry of Justice, COPENHAGEN

GERMANY / ALLEMAGNE: Apologised for absence / excusé

Mr Edgar RADZIWILL, Bundesministerium der Justiz, BERLIN

GREECE / GRECE:

Ms Guro KLEPPE, Royal Ministry of Justice and the Police, OSLO

Mr Jacek GARSTKA, Ministry of Justice, WARSAW

PORTUGAL:

M. Carlos PASCOAL, Ministère de la Justice, LISBOA

Mme Nadia Ileana CONSTANTINESCU, Ministère de la Justice, BUCAREST

RUSSIA / RUSSIE:

Ms Elena LAGOVSKAYA, Ministry of Interior, MOSCOW

Mme Zuzana ŠTOFOVÁ, Ministère de la Justice, BRATISLAVA

SLOVENIA / SLOVENIE:

Mr Klaudijo STROLIGO, Ministry of Finance, LJUBLJANA

SPAIN / ESPAGNE:

Mme Maria Luz PUERTO MENDOZA, Ministère de la Justice, MADRID

Mr Michael GROTZ (Chairman of the CDCP / Président du CDPC), Bundesministerium der Justiz, BONN

Apologised for absence / excusé

OBSERVERS TO THE COUNCIL OF EUROPE

OBSERVATEURS AUPRES DU CONSEIL DE L'EUROPE

HOLY SEE / SAINT-SIEGE:

Mme Odile GANGHOFER, Mission Permanente du Saint-Siège, STRASBOURG

Apologised for absence / excusé

JAPAN / JAPON: /

MEXICO / MEXIQUE:

M. Rafael LAVEAGA RENDÓ, Office of the Attorney General of Mexico for the European Union and Switzerland, MADRID

Mrs Lyudmila KAMENKOVA, Ministry of Foreign Affairs, MINSK

BOSNIA and HERZEGOVINA /

BOSNIE -HERZEGOVINE: /

NEW-ZEALAND / NOUVELLE-ZÉLANDE: /

THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW

CONFERENCE DE LA HAYE DE DROIT INTERNATIONAL PRIVE: /

ICPO-INTERPOL / OIPC-INTERPOL:

OECD / OCDE: Apologised for absence / excusée

UNITED NATIONS / NATIONS UNIES: Apologised for absence / excusées

THE WORLD BANK GROUP / BANQUE MONDIALE: Apologised for absence / excusée

M. Robert SZYMANSKI, Mme Danielle HEYSCH, Mme Corinne McGEORGE

1. Opening of the meeting / Ouverture de la réunion.

2. Adoption of the agenda / Adoption de l'ordre du jour.

3. Final reading of the draft recommendation of the Committee of Ministers to Member States on codes of conduct for public officials, including in appendix a Model Code of Conduct for public officials – Examination of the CDCJ’s opinion on above-mentioned draft recommendation / Lecture finale du Projet de recommandation du Comité des Ministres aux Etats membres sur les codes de conduite pour les agents publics incluant en annexe un Code modèle de Conduite pour les agents publics –Examen de l’avis du CDCJ sur le projet de recommendation sus mentionné.

4. Draft Explanatory report to the recommendation of the Committee of Ministers on codes of conduct for public officials, including in appendix the Model Code of Conduct for public officials / Projet de rapport explicatif de la recommandation du Comité des Ministres sur les codes de conduite pour les agents publics comprenant en annexe un Code modèle de Conduite pour les agents publics.

5. Activities to complete the implementation of the Programme of Action against corruption (PAC) – Information by the GMCP and GMCF chairs / Activités pour compléter la mise en oeuvre du Programme d’action contre la corruption –Information des Présidents du GMCP et du GMCF.

6. Information on the 4^th Conference of Specialised Services in the Fight against Corruption/ Informations sur la 4^e Conférence Européenne des Services Spécialisés dans la Lutte contre la Corruption.

7. Organisation of the 5^th Conference of Specialised Services in the Fight against Corruption/ Organisation de la 5e Conférence Européenne des Services Spécialisés dans la Lutte contre la Corruption.

8. Information on GRECO / Informations sur le GRECO.

9. Information on the state of signatures and ratifications of the Criminal Law Convention on Corruption (n° 173) / Information sur l’état de signatures et ratifications de la Convention pénale sur la Corruption (n° 173).

10. Information on the state of signatures and ratifications of the Civil Law Convention against Corruption (n° 174) / Information sur l’état de signatures et ratifications de la Convention civile sur la Corruption (n° 174).

11. Information concerning work carried out in other fora / Informations concernant les travaux entrepris par d'autres organisations:

- European Union / Union Européenne;

- OECD / OCDE;

- ICPO-Interpol / OIPC-Interpol;

- EBRD / BERD;

- The World Bank Group / Banque Mondiale;

- Others / autres.

12. Information concerning new developments at national level / Information sur les nouveaux développements au niveau national.

13. Election of the Chairman / Vice-Chairman and members of the Bureau / Election du Président, Vice-Président et des membres du Bureau.

14. Miscellaneous / Divers.

15. Dates of the next meetings / Dates des prochaines réunions.