Code of Ethics of Local Self-Government: Foreign Experience and Georgia

Abstract

The report discusses the best foreign experience in developing and operating codes of ethics for local and regional elected representatives, as well as analyzes the current situation in Georgia. In particular, it discusses the extent to which ethical norms are being introduced and the quality of local governance is being improved through conscientious approaches. The research was based on the study of official documents, codes of ethics, legal acts, and reports of local and international organizations. Qualitative content analysis and comparative analysis methods are used in the research process. Local government bodies have fundamental essence for the existence of democratic governance. The responsibility to ensure effective governance close to the citizen is imposed on these bodies. The European Charter of Local Self-Government states that building a Europe based on the principles of democracy and decentralization is vital to protect and strengthen local self-government. Local authorities' proper and conscientious functioning is crucial to building public trust. An actual democratic process is unimaginable in conditions of distrust of the government; therefore, strengthening the link between citizens and local policymakers and trust-based governance is considered a necessary condition of the democratic process. Across Europe, to reduce corruption and increase public confidence, there was a need to develop ethical standards in parallel with laws at the local and regional levels. On July 2, 1996, according to the European Congress of Local and Regional Authorities, a solid commitment to the public interest and a strong political conscience was essential to ensure a high level of local autonomy. The resolution, in good faith of local and regional authorities, aimed to establish ethical standards of conduct for politicians and to define the rights of citizens to request to elected officials. Congress recognized that the betrayal of these principles would undermine trust in local policymakers and harm democracy and the rule of law. Introducing ethical standards parallel to laws introduces an ethical dimension to the governance process. The 1999 Council of Europe adopted the European Code of Ethics on the good faith of local and regional elected representatives. The Code establishes the general principles of the rule of law and the public interest in the exercise of the mandate, which oblige elected representatives to perform their duties honestly and with a complete sense of responsibility. For local government representatives to comply with the terms of a mandate given by the electorate, it is essential to be guided by ethical values in decision-making. Behavior dictated by private interests and attempts to cover up the reasons for this or that decision hinders the conscientious performance of the mandate. Thus, elected representatives must adhere to ethical principles and stand guard over the protection of the public interest to ensure a sound political process based on public trust. In order to ensure conscientious governance in local authorities, ethical principles need to be perceived not as isolated but as an essential part of daily activities. Politicians, who are required to show a high degree of political conscientiousness in their duties, play an essential role in assimilating ethical values in the governing system. Thus, the elected representative's Code of Ethics is a tool; it can be said to be a guide that helps the local government in difficult and vague situations, clear up what behavior is ethical, and also avoid the danger of overshadowing the public interest. The European Code of Conduct on the Political Conscientiousness of Local and Regional Elected Representatives regulates the conduct not only in the performance of the mandate but also in the conduction of the pre-election campaign and the expiration of the mandate. The Congress of the Council of Europe calls on the governments of the member states to share the standards and principles set out in the Code with national legal norms and codes of ethics at different levels of government. For codes to be effective, it is necessary to consider human, geographical, cultural, historical, institutional, and legal diversity. Since the driving force of the Code is local government, it is necessary to take into account the local specifics, as well as the desire and will of local authorities not only to be guided by ethical values but also to approach people and raise public awareness in this regard. Therefore, local authorities' direct responsibility is to promote a good, honest, and responsible governance process. The European mentioned above Code of Ethics provides for the development of specific means of supervision, both in the conduct of the election campaign and in the exercise of mandated powers. Different effective control mechanisms have been tried in different countries, supervised by external or internal competent bodies or groups. The existence of effective governance mechanisms and accountability to the society according to ethical norms is vital for the Georgian state on the way to building a democratic state. Local government is closest to the people, and, naturally, the natural recovery of the political process should start from this level. No ethics document has been developed in Georgia so far which would oblige candidates to conduct election campaigns following ethical standards during local self-government elections. Introducing ethical standards of conduct and developing effective control mechanisms will help reduce the risks of corruption, establish transparent and accountable governance, and bring society and government closer together, which is an essential component of democratic governance. In addition, it is necessary to develop codes of ethics considering the specifics of each self-governing unit in order for the document to be enforceable and to promote conscientious and fair approaches to exercising rights and responsibilities. The introduction of ethical standards of conduct and the development of effective control mechanisms will help to reduce the risks of corruption, establish transparent and accountable governance, and bring society and government closer together, which is an essential component of democratic governance.