Page 10 - Aanbevelingen om de integriteit

organise meetings, budgetary regulations, principles for communication etc. and it is, indeed, a
useful tool for government officials. However, it does not provide a strategy for integrity matters,
even if it contains some guidance also in respect of the integrity of ministers/state secretaries. The
GET noticed that, above, all, trust and political responsibility are at the core of the system, which
explains the focus on self-regulation or no regulation to protect matters of integrity. In addition, the
GET did not come across a coordinated system for analysing risks of corruption in respect of PTEFs.

36. In view of the above identified shortcomings, the GET considers it important to increase the
attention to questions regarding the integrity of PTEFs and areas where risks of conflicts of interest
and corruption appear particularly challenging. Such an approach should aim at analysing the current
situation in order to allow for a dedicated anti-corruption and integrity policy covering PTEFs. As
noted earlier in this report, there may be situations where political assistants, appointed by
ministers/state secretaries in addition to their advisory role may be influential in respectof top
executive functions where this category of officials needs to be covered by integrity policies. A policy
for PTEFs, including ministers, state secretaries and, as appropriate, political assistants at different
levels should also build on the findings and recommendations in the current report. In view of the
above, GRECO recommends developing a coordinated strategy for the integrity of persons
entrusted with top executive functions, based on analysis of risks, aiming at preventing and
managing various forms of conflicts of interest, including through responsive advisory, monitoring
and compliance measures.

Legal framework, ethical principles and rules of conduct

37. The relevant legal framework on integrity includes the Constitution and legal acts such as the
Criminal Code; the Government Information (Public Access) Act; the General Data Protection
Regulation (GDPR) and the GDPR Implementation Act, the Civil Servants Act, the Central and Local
Public Administration Personnel Act, the Government Accounts Act, and the Intelligence and Security
Services Act 2017. Integrity matters are streamlined in the Oath for Ministers and State Secretaries.

38. In addition, in order to receive information on integrity/anti-corruption matters, PTEFs may
consult different documents such as the Handbook for Ministers and State Secretaries, circulars of
ministers and letters from the Prime Minister or ministers to the House of Representatives
addressing specific integrity issues. These are not legal rules, but they reflect the content of
constitutional and legal provisions, while presented in a self-regulatory guiding format.

39. Central to this is the Handbook for Ministers and State Secretaries, which provides some
guidance on issues such as the acceptance of gifts, financial and business interests and other forms
of situations where conflicts of interest are at stake (in)compatibilities, access to information,
confidentiality, security, official trips, remuneration, benefits etc. The Ministry of General Affairs is
responsible for the Handbook and it revises and updates it regularly.

40. The GET notes that rules on expected conduct of PTEFs are scattered through various
instruments, including the Handbook, circulars and letters of the PM and ministers etc. While the
GET welcomes the Handbook for Minsters and State Secretaries as a “living document”, that is
updated regularly, it also notes that it is a broad document, which most importantly deals with rules
of procedure applicable to ministers and state secretaries, but its main focus is not on integrity
issues. Furthermore, it does not cover sufficiently the aspects of conflicts of interest (as detailed
below). Its general provisions may be subject to different interpretation and they lack elaborate
explanations. Moreover, there is no particular enforcement mechanism connected to these
rules/guidelines, apart from the political oversight exercised by Parliament. Furthermore, these
guidelines, including the Handbook, do not appear to be particularly well known by the public, nor
suitable for public awareness raising. The GET would therefore see much benefit in establishing a
consolidated code of conduct in respect of PTEFs that contains principles and guidelines on the
integrity of PETFs in a comprehensive and dedicated document to be complemented with

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