OG No. 49/06, 134/08.
CODE OF ETHICS
FOR PUBLIC SERVANTS
GENERAL PROVISION
Article 1
The code of ethics for public servants defines the rules of good behaviour for public servants based on the Constitution, ratified and published international agreements and acts, as well as other regulations of the Republic of Croatia.
Article 2
The code of ethics for public servants (hereinafter referred to as: Code of Ethics) contains the rules of good behaviour applicable to public servants in their dealing with citizens and with other public servants.
Article 3
The Code of Ethics familiarises the citizens with the kind of behaviour they can rightfully expect from public servants (hereinafter referred to as: public servants).
Article 4
In performing their public service, public servants are obliged to abide by the provisions of the Code of Ethics.
PROTECTION OF PERSONAL REPUTATION AND THE REPUTATION OF A PUBLIC SERVICE
Article 5
While performing their duty, public servants must observe the principles of a public service and the principles guiding the behaviour of public servants which are prescribed by the Public Servants Act and other regulations.
Article 6
Public servants must be careful not to compromise their personal reputation and diminish citizens' trust in the public service with the way they perform their duties or behave in a public place.
Article 7
Public servants are not allowed to use official identifications or the authority of the job position they hold in the public service while attending to their private affairs.
CUSTOMER RELATIONS
Article 8
When dealing with citizens, public servants must act professionally, impartially and politely.
When performing their duties, public servants must use their professional knowledge in order to help citizens in achieving their rights, all the while acting in accordance with the principle of legality and the principle of protection of public interest.
Article 9
When dealing with citizens officially, public servants are obliged to speak Croatian and use the terminology which citizens can easily understand.
Article 10
Public servants must treat each citizen equally, without discriminating them or granting them any privileges on the basis of their age, nationality, ethnic or social origin, language or race, political or religious believes or inclinations, physical impairments, education, social status, sex, marital or family status, sexual orientation or any other grounds.
Public servants must treat physically impaired people and people with special needs with extra care.
RELATIONS AMONG PUBLIC SERVANTS
Article 11
Relations among public servants are based on mutual respect, trust, cooperation, politeness and patience.
Article 12
A public servant must not interrupt other public servants while they are performing their duties.
Public servants should exchange opinions and information on certain expert issues with each other.
Article 13
The superior officer should motivate other public servants to perform their public service with quality and efficiency, to acknowledge and respect each other, collaborate with each other and exhibit appropriate behaviour when dealing with citizens.
PUBLIC APPEARANCES OF PUBLIC SERVANTS
Article 14
In all forms of public appearances and activities in which they act as the representatives of a state body, public servants must express the opinions of the public body, in accordance with the regulations, authorities obtained, their professional knowledge and the provisions of the Code of Ethics. During public appearances in which a public servant does not act as the representative of a state body, but which are related to the public service topic wise, the public servant must emphasise that fact that he or she is expressing his/her personal opinion. While expressing both their personal opinions and the opinions of a state body, public servants must protect their own personal reputation, as well as the reputation of the state body.
Article 14 a
In each state body the head appoints one public servant to the position of – ethics commissioner.
Ethics commissioners must supervise the application of the Code of Ethics in a state body, promote ethical behaviour in relations among public servants and in public servant's relations with citizens, advise public servants on issues related to ethical behaviour, receive complaints from public servants and citizens regarding unethical and possible corruptive behaviour of public servants, carry out the procedures investigating the groundness of such complaints, and keep records of all complaints received.
During the investigation procedure, ethics commissioners must gather evidence independently, that is, they receive written statements from the accused public servant, the witnesses, and if needed from the citizens or other public servants that filed such complaint, solicit written statements from competent bodies in case of suspicion of possible criminal offence, and take other actions needed to determine the facts. They are obliged to submit a written report on the completed investigation procedure to the head of the state body.
Ethics commissioners are also obliged to carry out an investigation procedure in case of an anonymous complaint. In case of any uncertainties whether the Code of Ethics has or has not been violated, the ethics commissioner must collaborate with the Ethics Department of the Central State Office for Administration and the Ethics Commission, and carry out the investigation procedure which was referred to them by the Ethics Department. Ethics Commissioners are entitled to special remunerations in the amount determined by the head of a central body of state administration dealing with relations among public servants.
Article 14 b
The Ethics Commission is established as an independent body with the function of promoting ethical principles in state bodies by issuing notices and warnings. The Ethics Commission comprises of six members with two representatives of public servants, one representative of the Croatian Parliament's Staff Service and one representative of a non-government association. The members of the Ethics Commission are appointed for the period of four years by a decision of the Government of the Republic of Croatia following the proposal from a central body of state administration dealing with relations among public servants. The president of the Ethics Commission is elected by and among its members. The members and the president of the Ethics Commission are entitled to remuneration for their work in the Ethics Commission. The Government of the Republic of Croatia determines the amount of the remuneration.
Article 14 c
The Ethics Commission acts and makes decision independently.
The Ethics Commission's head office is located at the Social Partnership Office of the Government of the Republic of Croatia.
The Social Partnership Office of the Government of the Republic of Croatia performs office related and other administrative tasks for the Ethics Commission.
Article 14 d
The Ethics Commission performs the following functions:
• receives and examines complaints made by citizens and public servants in cases where the head of a state body or an authorised employee failed to send a reply to a complaint within 60 days or when the submitter is not satisfied with the reply, and investigates whether such complaint is justified,
• supervises the application of the Code of Ethics, and gives opinions relative to the contents of the Code of Ethics,
• follows international standards in the area of ethical conduct, and give proposals to the central body of the public administration dealing with relations among public servants regarding the improvement of ethical standards in accordance with international practice,
• gives opinions on suspected violations of the Code of Ethics upon a request from the ethics commissioner, Ethics Department of the Central State Office for Administration, state bodies, public servants' courts, public servants, citizens and other individuals,
• supervises the application of regulations related to ethical behaviour of public servants, and proposes their amendments,
• analyses the cases of violation of the Code of Ethics which were brought to their attention by the ethics commissioner and the Ethics Department of the Central State Office for Administration,
• promotes and proposes the measures needed for the enforcement of ethical standards in public services relative to personal behaviour of public servants, possible conflicts of interest, acceptance of gifts, corruptive and other types of unethical behaviour, protection of the reputation of a state service and the personal reputation of public servants.
Within thirty days from the day when the decision on appointment of the members of the Ethics Commission enters into force, the Ethics Commission will pass a rule book regulating in greater detail their way of functioning.
Article 14 e
When the Ethics Commission receives a complaint from a citizen or a public servant, in cases where a head of a state body or an authorised employee failed to send a reply to a complaint within 60 days or in case where a submitter is not satisfied with the reply, the Commission will request without any delay a report on the investigation procedure executed and measures taken from the head of the state body.
The head of the state body is obliged to report within 15 days to the Ethics Commission on the investigation procedure executed and measures taken.
The Ethics Commission gives its opinion on whether the complaint has valid grounds and delivers it to the submitter of the complaint and the Ethics Department of the Central State Office for Administration within 30 days from the day of the complaint's receipt.
COMPLAINTS REGARDING VIOLATIONS OF THE CODE OF ETHICS
Article 15
Citizens and public servants are free to refer a complaint to a head of a state body and the ethics commissioner regarding the conduct of certain public servants regardless of whether the public servants in question were off or on duty, which they felt was in conflict with the regulations of the Code of Ethics.
When a complaint is referred to a head of a state body, the head of the state body is obliged to forward that complaint without any delay to the ethics commissioner who is then obliged to carry out an investigation as to whether the complaint has valid grounds or not.
The ethics commissioner is obliged to carry out the investigation procedure and submit a written report to the head of the state body within an appropriate deadline, and no later than 30 days from the date of the complaint's receipt. The head of the state body is then obliged to examine the complaint within 8 days, and if needed file a law suit due to the violation of official duty, as defined by the law, other regulations or a rulebook on internal order of a state body. The head of the state body must inform the Ethics Commissioner of it.
Upon a request from the ethics commissioner, the head of the state body is obliged to free the ethics commissioner of all of the duties of the job post he is normally assigned to do for the duration of the investigation procedure.
A head of a state body or an authorised employee must reply to a complaint no later than 60 days from the date of the complaint's submission.
In case where a head of a state body or an authorised employee fails to send their reply to a complaint within 60 days or in case where a submitter is not satisfied with the reply, the submitter has the right to file a complaint to the Ethics Commission.
Article 16
Heads of state bodies are obliged to submit yearly reports on complaints submitted in accordance with the article 15 of the Code of Ethics and the relevant measures taken to a central body of the state administration dealing with relations among public servants no later than 31 December.
The central body of state administration dealing with relations among public servants will issue a group report on its web site no later than 31 January of the following year.
INTRODUCING NEW EMLOYEES TO THE CODE OF ETHICS
Article 17
A head of a state body or an employee authorised by him/her is obliged to familiarise the employees entering public service with the regulations of the Code of Ethics.
AVAILABILITY OF THE CODE OF ETHICS TO THE GENERAL PUBLIC
Article 18
The Code of Ethics must be displayed in a visible place within a state body.
The Code of Ethics is published on the web site of the Government of the Republic of Croatia, as well as on the web sites of all state bodies.
SPECIAL CODES OF ETHICS
Article 19
When special requirements of a state service demand it, the heads of such state bodies can, with the permission from the Government of the Republic of Croatia, pass special codes of ethics.
The Code of Ethics under item 1 of this article must be in line with the regulations of this Code of Ethics.
ENTERING INTO FORCE
Article 20
This Code of Ethics enters into force on the eighth day from the day when it was published in the »Official Gazette«.