OVERVIEW - Major changes introduced by the revised Code of Conduct

On 28 January 2021, the EESC Assembly adopted a revised Code of Conduct, which repeals and replaces the Code that was adopted in March 2019, and modified some of the EESC Rules of Procedures accordingly.

Drawing inspiration from the best practices of other institutions – in particular the European Parliament and the European Committee of the Regions, the revised Code of Conduct introduces a number of significant changes in terms of content and structure, compared to the previous Code. Learning from recent experiences and shortcomings in the previous Code, and based on the Ombudsman's recommendations and the European Parliament's observations in the context of the refusal to grant the discharge for the 2018 exercise, the EESC aims to reinforce its internal framework and procedures in order to better tackle issues related to fraud and misconduct, such as harassment.

The revised Code of Conduct contains a number of innovative elements, in particular:

• Particular emphasis is placed on the appropriate behaviour of EESC members, by making an explicit reference to dignity and integrity and relevant principles enshrined in EU law. Attention is drawn in particular to the prohibition of disclosing sensitive information and to the prevention and prohibition of harassment practices.
• The provisions on the declaration of financial interests and on conflicts of interests have been improved and made more explicit. A new article was also inserted in relation to integrity and financial transparency, especially in relation to the reimbursement of missions and activities.
• The Advisory Committee on the conduct of members becomes an "Ethical Committee". A provision on the appointment of reserve members has been added, as well as the possibility for one of its members to recuse himself or herself, or to be removed if found guilty of breaching the Code of Conduct.
• The Ethical Committee's mission has been enlarged so as to be able to accept complaints from members and staff. The Committee now has explicit investigative powers in order to carry out its mission, and may also seek advice from external experts.
• A revised procedure regarding breaches of the Code of Conduct, where the President takes a reasoned opinion. Specific provisions have been added in relation to the protection of whistleblowers and the obligation to inform OLAF of such procedures.
• An internal appeal procedure, before the Bureau, has been introduced.
• The penalty system is considerably reworked. The imposition of penalties is now proportionate to the seriousness of the misconduct and to the member's hierarchical position. Penalties now also include the possibility of temporary forfeiture of entitlement to the daily subsistence allowance, temporary suspension from participation in all or some of the activities or missions of the EESC, prohibition from representing the EESC on any national, interinstitutional or international forums, limitation on the rights to access confidential or classified information and removal from one or more of the offices held within the Committee.
• A special procedure regarding the early termination of a member's office, to be endorsed by the Bureau and the Assembly, is introduced.
• Specific provisions are introduced regarding situations where a case is also investigated by OLAF.