Council on Basic Values

Common basic values for central government employees – a summary

Print: Elanders, september 2014 Photo: Law book: Fredrik Sandberg/TT Court document: Jessica Gow/TT SMSdeclaration: Jonas Ekströmer/TT Signs: Rolf Höjer/TT Article: S2014.021

Common basic values for central government employees – a summary

As a central government employee, you should be familiar with and understand the central government administration’s common basic values and your role as a civil servant. In central government administration, our actions must always stem from the constitutionally based principles of the equal value of all people, the rule of law and good service to citizens. This must be second nature in all we do; otherwise there is a risk that we as employees may forget who we are here to serve when we become absorbed by internal processes. This booklet is a brief account of the central government’s common basic values and has been drawn up on behalf of the Council on Basic Values by former Director Lars Ångström. It is based on the publication entitled Common basic values for central government employees – fundamental legal principles, which can be found (in Swedish only) on the Council’s website*. Lena Marcusson Chair Council on Basic Values

Robert Cloarec Principal Secretary Council on Basic Values

*www.vardegrundsdelegationen.se

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Content Introduction ........................................................................ 3

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Democracy .................................................................. 5

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Legality....................................................................... 6

3

Objectivity................................................................... 7

3.1

Bribery....................................................................................................... 7

3.2

Conflict of interest (disqualification).................................................... 8

3.3

Secondary activities ................................................................................. 9

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Free formation of opinion............................................ 10

4.1

Official documents................................................................................ 10

4.2 Freedom of expression......................................................................... 11

4.3 Freedom of communication................................................................ 12

4.4 Calling attention to irregularities......................................................... 12

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Respect for all people’s equal value, freedom and

dignity ...................................................................... 13

5.1 Rights and freedoms ............................................................................. 13

5.2 Non-discrimination............................................................................... 14

5.3 Integrity................................................................................................... 14

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Efficiency and service................................................. 15

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Basic values and real life ............................................ 17

Sources and recommended reading ..................................... 19

Some relevant statutes..................................................................................... 19

Literature (in Swedish only) ........................................................................... 19

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Introduction

Central government administration – and consequently also you as a civil servant – works on behalf of the citizens of this country. Elected representatives in the Riksdag (the Swedish Parliament) have democratically adopted the laws that regulate the tasks of your government agency and that establish the parameters of your professional duties. The Government’s ordinances and the agency’s own regulations further clarify your role. The regulation of your agency’s activities is based on the legal foundations that apply to all central government agencies. These can be summarised in six principles, which together make up the common basic values of central government activities: Democracy – all public power proceeds from the people. Legality – public power is exercised in accordance with the law. Objectivity – everyone is equal before the law; objectivity and

impartiality must be observed.

Free formation of opinion – Swedish democracy is founded on the free formation of opinion. Respect for all people’s equal value, freedom and dignity – public power is to be exercised with respect for the equal worth of all and for the freedom and dignity of the individual. Efficiency and service – efficiency and resource management must be combined with service and accessibility. These principles, which are set out in the constitution and acts of law, form a professional platform for you as a central government employee. They are to guide you in the performance of all your duties. Of necessity, the principles are formulated in a general way. You and your management must then clarify and exemplify what they mean in

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your particular activities. Different principles may sometimes be in conflict with each other. It is then a matter of carefully weighing alternatives that remain within the law and do not disregard important values. Central government employees often have a high degree of independence in their work. Many times you may discover that the law or regulations leave scope for interpretation. It is at such times, when you have to rely on your own judgement, that the central government’s basic values have a particularly important role as guidance. This booklet offers you a brief introduction to the six legal principles of the central government’s basic values. If you would like to learn more, there is a list of recommended reading provided at the end. One effective way of maintaining a dynamic understanding of the basic values is by frequently discussing their various elements at your workplace. With few exceptions, the basic values are common to all public sector employees. Reading this booklet may therefore also be of benefit to employees in municipalities, county councils and regions, while relevant parts may benefit elected representatives as well.

The Instrument of Government establishes that all public power in Sweden proceeds from the people. Photo: TT

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1

Democracy

The Instrument of Government is one of our fundamental (constitutional) laws. It establishes that all public power in Sweden proceeds from the people. In our representative democracy, the Riksdag, with its elected members, is the primary representative of Sweden’s citizens. The Riksdag takes decisions on the country’s governance. The Government implements the decisions in part through instructions to central government agencies. As a central government employee, you work in the service of a democratic state governed by the rule of law. The citizens are your ultimate employer. Your activities are financed by funds they have made available through taxes and charges. Under the Instrument of Government, government agencies are to promote the ideals of democracy as guidelines in all sectors of society. Appointments to posts in public administration are an important issue of democracy. When appointing central government officials, only objective grounds such as merit and competence are to be taken into account. Competence must be the primary consideration. No irrelevant factors or private interests are to have any influence on employment decisions. The most important laws: Instrument of Government, Public Employment Act

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Legality

The Instrument of Government establishes that public power is exercised in accordance with the law. A government agency may only take measures when it has the support of the law. This applies to all activities. Legal certainty demands that you always consider what legal support you have for any measures you contemplate taking. The Instrument of Government differentiates between the exercise of public authority and other matters. The exercise of public authority refers to government agencies taking decisions on the benefits, rights, obligations, disciplinary punishment or similar matters of an individual or organisation. In your handling of, or decision on, a matter involving the exercise of public authority, your actions must be based on appropriate legal texts and your interpretation of them. In the exercise of public authority, no superior or collateral body is entitled to influence individual decisions. In this regard, the law gives you as a civil servant considerable professional independence coupled with great responsibility. If, for example, an official decision turns out to be incorrect, the agency may in certain cases be liable. If one or more of the civil servants involved in the decision had malicious intent or displayed negligence, they may be punished for misuse of office. In other matters, you are to take the law and relevant regulations and instructions into account. The most important laws: Instrument of Government, Swedish Penal Code, Public Employment Act

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Objectivity

Objectivity means that courts of law, government agencies and other bodies performing tasks within public administration are to take into account the equality of all people before the law and observe objectivity and impartiality. Justice and predictability are to characterise central government activities. Similar cases are to be assessed in the same way. Decisions are to be based on factual grounds. Measures taken by government agencies or any requirements they place on citizens must be in reasonable proportion to what the matter concerns. A prerequisite for living up to the requirement of objectivity, impartiality and equal treatment is that you do not allow your personal views, sympathies or antipathies to influence your work. Professionalism – that is knowledge combined with independence, impartiality and integrity – is to characterise the performance of your duties. You must never act in a way that weakens public confidence in you or your agency’s objectivity and impartiality. You must also avoid placing yourself in situations that may jeopardise such confidence. More seriously, you must never even give reason for suspicion of being influenced by inappropriate requests or considerations. This would shake public confidence not only in yourself, but also in the agency and the activities you represent.

3.1

Bribery

Be extremely cautious in accepting gifts or benefits from people or companies that you deal with in the course of your work. The risk of bribery is considerable. According to the Swedish Penal Code, a bribe is taken when, for their own gain or on behalf of another, a person “accepts, agrees to an offer or requests an undue reward” for the performance of their duties. The courts’ view of taking a bribe is

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particularly strict with regard to public sector employees. Most agencies have internal rules that set even more stringent limits. If you are uncertain about how to deal with the offer of a gift or benefit you should ask your manager. In the event that practice at your workplace is unclear, always raise the issue regardless of how insignificant the offer appears to be.

3.2

Conflict of interest (disqualification)

Avoid situations involving conflict of interest. Regulations in the Administrative Procedure Act concerning conflict of interest apply to the handling of all cases and are directed at people who in one way or another can influence the outcome of a matter. You are in conflict of interest if the outcome of a decision involves extraordinary advantage or detriment for yourself, a close relative or an organisation in which you have decisive influence. If a matter is appealed to a higher instance, you may not take part in the decision if you have had contact with it at a lower instance. You are also in conflict of interest if there are any other circumstances that could weaken confidence in your impartiality. This may involve a friendship or antagonistic relationship with, or a financial dependence on, any party or stakeholder in the matter. You may also be considered to be in conflict of interest if you are so involved in a matter that your impartiality could be questioned. If you are in conflict of interest, or any suspicion of conflicting interests could arise, you must relinquish any connection with the matter. You are obliged to voluntarily report any circumstances that may be assessed as being in conflict of interest.

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3.3

Secondary activities

As a central government employee, you may not conduct any secondary activities alongside your employment that compete with the agency’s activities or in any other way weaken confidence in your impartiality or the agency’s reputation, or are liable to undermine public confidence. Neither may you engage in secondary activities that reduce your ability to carry out your duties. The most important laws: Instrument of Government, Swedish Penal Code, Administrative Procedure Act, Public Employment Act

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4

Free formation of opinion

The right of citizens to free formation of opinion, freedom of expression and access to information is essential to a functioning democratic social system. Under the Instrument of Government, every citizen has the right to freely express their opinion verbally, in writing or in any other way. Restrictions are few and are based on the law. The principle of public access to official documents is a cornerstone of the democratic process. This principle finds expression, for example, in the rules on public access to official documents and the rules on freedom of communication. The aim is to ensure that public sector services can be monitored and examined. This facilitates free public debate and formation of opinion. It helps ensure that abuse of power and irregularities are exposed.

4.1

Official documents

An official document is a text or other form of information that has been received or drawn up by, and is in the keeping of, a government agency. Official documents are public. This means that individuals can contact an agency and request access to them. Restrictions to public access may only be made if they are necessary on the grounds of national security, crime-fighting, protection of an individual’s financial or personal circumstances, or any other circumstance defined in the Constitution. Detailed rules governing secrecy are found in the Public Access to Information and Secrecy Act.

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Anyone requesting access to an official document does not need to provide their name or any details of how the document will be used. If you are involved in a document’s release, you must take action without delay.

4.2

Freedom of expression

Freedom of expression for central government employees means you have the right to publicly express your views and critical reflections, even of the activities of your own agency. The basis for this is the rules on freedom of expression found in the fundamental laws. If you make a public statement, it should be clear whether you are expressing your own personal views. The agency is not allowed to take any special measures against those expressing any critical views.

Anyone requesting access to an official document does not need to provide their name or any details of how the document will be used. Officials involved in a document’s release must take action without delay. Photo: TT

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4.3

Freedom of communication

Freedom of communication is the right to provide information to the media for publication. This right also applies, with certain exceptions, to information classified as secret. The type of media referred to and the restrictions that apply are defined in the Fundamental Law on Freedom of Expression, the Freedom of the Press Act, and the Public Access to Information and Secrecy Act. Journalists receiving such information are not allowed to reveal their sources and government agencies are not allowed to enquire after them.

4.4

Calling attention to irregularities

Do not hesitate to report to your manager or other relevant superior if you should discover any form of inappropriateness, irregularity or crime at your workplace or in any other part of the public sector. You can also turn to the agency’s management, internal audits, the police or prosecutors. The most important laws: Instrument of Government, Freedom of the Press Act, Fundamental Law on Freedom of Expression, Public Access to Information and Secrecy Act

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Respect for all people’s equal value, freedom and dignity

In a democratic state governed by the rule of law, the respect of government agencies for citizens’ rights and privacy is self-evident. As a civil servant, you have a responsibility to ensure that human rights and freedoms are not violated or ignored at your agency. Nor may you commit any act of discrimination.

5.1

Rights and freedoms

All citizens have the same fundamental rights and freedoms, regardless of age, sex or origin. The protection of rights and freedoms is guaranteed primarily by the Instrument of Government, which states that public power is to be exercised with respect for the equal value of all and for the freedom and dignity of the individual. These rules also apply with few exceptions to foreign nationals in Sweden. Fundamental rights and freedoms include freedom of expression, freedom of information (including freedom to procure and receive information), freedom of assembly, freedom to demonstrate, freedom of association and freedom of religion. These ‘positive freedoms of opinion’ aim to promote a free exchange of views, thus promoting democracy. The Instrument of Government also protects citizens from being forced to divulge where they stand politically, religiously or culturally and establishes that capital punishment, corporal punishment and torture are prohibited.

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5.2

Non-discrimination

The Discrimination Act prohibits discrimination on grounds of gender, transgender identity or expression, ethnic origin, religion or other belief, disability, sexual orientation or age. Actions that either directly or indirectly involve harassment or discrimination are also prohibited. The Instrument of Government states that government agencies and other public bodies are to combat discrimination.

5.3

Integrity

According to the European Convention on Human Rights, which is the law in Sweden, everyone has the right to respect for their private and family life, their home and their correspondence. Electronic communication is now included in the term “correspondence”. Government agencies may only restrict these rights in accordance with the law and under certain specific conditions. Government agencies are not allowed to register or process information on individuals in any way they choose. This is regulated in the Personal Data Act. It is not always permissible to share information that is handled by one government agency with other government agencies or researchers. The most important laws: Instrument of Government, European Convention for the Protection of Human Rights and Fundamental Freedoms, Swedish Penal Code, Discrimination Act, Personal Data Act, Public Access to Information and Secrecy Act

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Efficiency and service

A high degree of efficiency and sound resource management are to be combined with good service and a high level of accessibility. Citizens finance central government activities through taxes and charges. This places great demands on efficient activities and resource management. It also places demands on service. The Administrative Procedure Act states that every matter is to be handled as simply, rapidly and economically as possible without jeopardising legal security. The requirement of legality – taking action in conformity with the law – must never be set aside. It is the responsibility of the agency leadership to organise and direct activities to ensure they fulfil the requirements of efficiency and service. Agencies are also to continuously develop their activities. It is your responsibility, under the given conditions, to complete your duties in the best possible way and call attention to any deficiencies or opportunities to improve activities.

Efficiency and sound resource management are combined with good service and a high level of accessibility. Photo: TT

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Agencies are to actively inform citizens about their benefits, rights and obligations. You must always be prepared to provide information, guidance, advice and other assistance to individuals who call on you in your position as a civil servant. Assistance must be balanced so that neither you nor the agency can be perceived as being biased. Enquiries from individuals must be responded to without delay. A person who has contacted the wrong agency must be assisted to find the right one. The clear language requirements contained in the Language Act mean that you are to endeavour to use language that is cultivated, simple and comprehensible in verbal and written contacts with individuals. Sometimes your language may need to be adapted to suit the specific needs of the recipient. If necessary, an interpreter or translator should be engaged. The Administrative Procedure Act states that each government agency is to provide assistance to other agencies within the framework of its own activities. In the Instrument of Government from 1809 it was established that government agencies were to “extend each other a helping hand”. The most important laws: Administrative Procedure Act, Budget Act, Government Agencies Ordinance, Language Act

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Basic values and real life

The central government’s basic values contain many requirements and the principles are formulated in a general way. How then does any individual requirement affect the various parts of your activities? This is something that must be clarified and exemplified in order to be comprehensible. For example: Which of our documents are official documents? How far does our obligation to provide advice extend? What does it mean in practice that we are to treat everyone equally? Are our actions against individuals in reasonable proportion to the significance and nature of the matters involved? Conflicts of goals or values may arise here. The various requirements of the basic values can sometimes stand in conflict with each other and necessitate carefully considered trade-offs. A classic balance to strike is between resource management and service level. Other examples: the impartial processing of a matter demands that we collect detailed information on individuals, but this must be weighed against the individual’s right to privacy. Our forms of cooperation with external parties must be efficient, but should not shift into forms of social interaction that may risk inappropriate influence. The examples can be multiplied. What examples from your own activities have you thought about while you have been reading this? Have you resolved them or do you need to find answers? Gaining a genuine understanding of the intentions of the basic values and how they are to be realised in your role requires a contribution from both you and your agency. It is the agency’s responsibility to inform its employees of the relevant laws and how they are to be applied. It is your responsibility to acquaint yourself with the laws and guidelines that apply. Any issues that arise can then be resolved in discussion with your manager and colleagues.

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The constitutional principles that make up the common basic values are a professional platform for you as a central government employee. They will guide you in your actions as a ‘public servant’.

How far does our obligation to provide advice extend? What does it mean in practice that we

are to treat everyone equally?

Arbetsförmedlingen: the Swedish Public Employment Service, Försäkringskassan:

the Swedish Social Insurance Agency, Pensionsmyndigheten: the Swedish Pensions Agency,

Skatteverket: the Swedish Tax Agency. Photo: TT

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Sources and recommended reading

You can read the fundamental laws (the Swedish Constitution) on the Swedish Riksdag’s website: http://www.riksdagen.se/en/Documents-and-laws/Laws/

Some relevant statutes Instrument of Government, Chapters 1–2 and 11–12 European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 Freedom of the Press Act, Chapters 1–3, 7 and 14 Fundamental Law on Freedom of Expression, Chapters 1, 2 and 5 Swedish Penal Code, Chapters 4, 10, 12, 16, 19 and 29 Administrative Procedure Act Employment Protection Act Public Employment Act Personal Data Act Discrimination Act, Chapters 1, 3–5 Public Access to Information and Secrecy Act, Chapters 1, 3, 6, 8, 10, 13 and 44 Language Act Budget Act, Chapter 1 Government Agencies Ordinance

Literature (in Swedish only) Council on Basic Values, Den gemensamma värdegrunden för de statsanställda (Common basic values for central government employees), Government Offices, 2013 Axberger, H.-G., Yttrandefrihetsgrundlagarna, Norstedts Juridik, 2012 Danelius, H., Mänskliga rättigheter i europeisk praxis, Norstedts Juridik, 2007

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Eka, A., et al, Regeringsformen med kommentarer, Karnov Group, 2012 Hellners, T., Malmqvist, B., Förvaltningslagen med kommentar, Norstedts Juridik, 2010 Hinn, E., Aspegren, L., Offentlig arbetsrätt: en kommentar till lagreglerna om statlig och kommunal anställning, Norstedts Juridik, 2009 Lundquist, L., I demokratins tjänst: statstjänstemannens roll och vårt offentliga etos, SOU 1997:28 Marcusson, L. (ed.), Offentligrättsliga principer, Iustus Förlag, 2012 Wennergren, B., Offentlig förvaltning i arbete, Norstedts Juridik, 2008

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The central government’s basic values form a professional platform for you as a civil servant. They are to guide you in all your actions as you perform your duties. The basic values can be summarised in six principles of a constitutional nature. You must be familiar with them and know how they affect your activities. They are presented briefly in this booklet. The principles of these basic values apply with few exceptions to all public officials. Reading this booklet may therefore also be of benefit to employees in municipalities, county councils and regions, and relevant parts may benefit elected representatives as well. The booklet has been drawn up by the Council on Basic Values in the Government Offices. The Council is to promote and strengthen the work on basic values in central government administration and support government agencies in their work on basic values. The Council collaborates with government agencies, the member organisation for government employers and employee organisations for government workers.

Council on Basic Values Government Offices of Sweden SE-103 33 Stockholm Sweden

www.vardegrundsdelegationen.se