Reforming Integrity Checks and Code of Ethics in Bulgaria

Executive summary

This report provides practical, tailored recommendations for Bulgaria’s Commission for Anti-Corruption and Illegal Assets Forfeiture (Комисия за противодействие на корупцията и за отнемане на назаконно придобитото имущество; CACIAF) to strengthen its Code of Ethics and its integrity check procedures. It also provides insights on the institutional arrangements for integrity within the CACIAF and how they can be best strengthened and supported.

Reforming the integrity assessment procedures in the operation of the CACIAF

Integrity assessments help evaluate a public official’s integrity and ethics at the pre-employment stage, on an ongoing basis, or in response to identified risks. In Bulgaria, integrity assessments are referred to as “integrity checks” based on the Anti-Corruption Law of 2018. Integrity checks involve reviews of asset and interest declarations, knowledge tests, disciplinary sanctions in force, performance appraisals and drug and alcohol tests. They are important to ensure that the CACIAF’s officials uphold the highest levels of integrity in meeting their anti-corruption objectives.

Currently, the integrity check process is fragmented. This fragmentation is a result of the way the CACIAF was established and the various laws that govern its employees. The rules in force do not distinguish among the different types of employment laws in place, hierarchical levels or responsibilities in setting the scope and frequency of integrity checks. The integrity check system in its current form does not track or provide updated information about conflicts of interest and ethical values that may arise after officials pass the recruitment process check and begin their career at the CACIAF.

The CACIAF could consider the following recommendations to strengthen its integrity checks:

• introduce a comprehensive strategy and risk management process for identifying and mitigating public integrity risks in checking integrity and allocating resources.

• assign well-defined responsibilities and tasks to a specific unit or an integrity advisor to develop expertise and consistency in integrity checks undertaken at the CACIAF. A designated unit or integrity advisor could supervise and monitor the implementation of integrity check procedures, oversee the work of the inspection teams, contribute to the development of knowledge tests, report on the results, draw lessons from the procedures and any emerging trends, and provide recommendations for improving the system.

• adopt a plan and tailored internal rules for the implementation of periodic integrity checks to promote consistency and effectiveness.

• assign a co-ordinator to add integrity elements to the knowledge-testing system and information gathering from prospective and current staff to elevate integrity issues within existing testing procedures.

• introduce psychological assessments and attitude testing into the selection process of relevant positions to improve the integrity testing of potential CACIAF employment candidates and employees of high integrity risk. This complex discipline requires support from qualified psychological experts equipped with the right knowledge and skills, particularly for positions requiring the application of ethics in more complex or challenging situations.

• adopt a risk-based approach to asset and interest declarations based on the risk exposure of various roles or functions in the organisation.

• raise awareness and build capacity through training programmes on integrity check procedures to improve implementation.

Enhancing the impact of the Code of Ethics of the CACIAF

The Code of Conduct for Public Administration Employees covers the ethical aspects of professional conduct of all public servants in Bulgaria. The CACIAF’s Code of Ethics, adopted in 2018, is aligned with the national regulation but is tailored to its own mission and operation. The Code of Ethics and its related ordinances assign integrity-related competences and responsibilities to various units of the CACIAF. Currently, there is no central unit or designated personnel for co-ordinating the organisational integrity policy, advising officials and drawing lessons for further development. To strengthen the role and impact of the Code of Ethics, CACIAF could:

• assign an integrity advisor to promote the implementation of the Code of Ethics as a focal point of integrity management in the organisational structure.

• increase the reach of integrity training, especially for newly recruited officials. Furthermore, it could also develop regular training programmes for its employees tailored to their roles and responsibilities.

• revise the Code of Ethics (with input from staff and relevant stakeholders) and facilitate regular exchanges between staff on their experiences in applying the Code of Ethics to their daily work.

• strengthen rules to better protect internal whistleblowers and consider appointing the integrity advisor as an organisational contact point to reduce fragmentation and address gaps in confidentiality and protective measures.

• adopt a detailed gift policy to clarify how employees should proceed when they are offered gifts such as hospitality, entertainment, meals, sponsored events, or travel by third parties.

• develop a tailored lobbying policy for the CACIAF to ensure transparency, including on potential external influences, to reinforce public trust in the institution.