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the end of 2019. GRECO recommends ensuring that the procedures allowing for investigation and
prosecution of abuse of office (including passive bribery) do not hamper the criminal justice
process in respect of ministers/state secretaries suspected of having committed corruption related
offences.

Non-criminal enforcement mechanisms

107. As referred to in this report, there are a number of control mechanisms in place which
together provide a rather solid system of control over government business. The “High Councils of
State” as described in the Constitution include the main ones, i.e. the House of Representatives and
the Senate (Parliament), the Council of State, the Court of Audit and the National Ombudsman.
These institutions are independent of the government and play an important role in the system of
checks and balances. There are also inspectorates in the ministries.

108. As far as the PTEFs are concerned it would appear that they, to a large extent, are responsible
for their own acts or omissions, as well as for the acts of advisors and civil servants working under their
direction. Moreover, ministers and state secretaries are dependent on support from the Prime Minister
and this relation is largely based on trust. Ultimately, PETFs are responsible to Parliament. Both
Chambers of Parliament have the power to require information from ministers (and state secretaries),
and the latter have an obligation to provide such information in return, which, as a main rule, goes
public.

109. In addition to political accountability under parliamentary and public scrutiny, there are no
non-criminal enforcement proceedings applying directly to ministers or state secretaries. Although
the GET fully understands that this is how the political system is built, it has already stated that there
is a need to further develop rules/guidelines in respect of PTEFs as a complement to the element of
trust. To this end GRECO has recommended that a future code of conduct be accompanied by
credible enforcement measures, see paragraph 43 , including a notion of transparency embedded in
the system.

110. The political assistants, who are liable under the Code of Conduct of Integrity of the civil
service in so far as they carry out non-political functions, who fail to comply with integrity rules, may
be subject to disciplinary sanctions, ranging from a written reprimand, reduced remuneration /
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entitlement or fine to full or partial withholding of salary, transfer, suspension or dismissal . In
addition, the enforcement of a future code of conduct for PTEFs may also cover political assistants in
certain situations.

31 General Government Officials Regulations, Article 80.

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