In order to be able to discharge their duties Members of the European Parliament enjoy special immunities and privileges, such as laissez passer ensuring freedom of movement throughout the territory of the Member States and a right of access to all files and information concerning Parliamentary work, with the exception of private data. These privileges should not be understood as bestowing additional rights, but rather as a source of further professional and political obligations towards the electoral and the Institution. Thus Members of the European Parliament are also subject to specific check and procedures by competent bodies to ensure that they are discharging their duties to the full (e.g. checks on attendance at Parliament's sittings).

The immunity of Members of the European Parliament can nevertheless be waived before the end of their term of office by a parliamentarian committee at the request of the competent body in any of the Member States, should a particular situation arise (e.g. serious accusations of criminal behaviour, need to appear as witness, etc.

1. Ineligibility and incompatibilities

   The provision regarding ineligibility and incompatibilities with membership
   of the European Parliament generally coincides with those applicable to
   the Members of national Parliaments in the Member States.
   Members of the European Parliament are therefore prohibited from
   carrying on certain professional activities or holding specific offices such
   as judge, minister in national government, or Member of the European
   Commission or the European Court of Justice.
   As stated above, the office of Member of the European Parliament is in
   some countries incompatible with the office of Member of a national
   Parliament. Consequently, Members have to comply with national law with
   regard to any restriction or on prohibition of a dual mandate. In order to
   ensure that these rules are respected, there is an obligation to verify the
   credentials of Members officially declared elected by the Member States'
   prior to the taking office in the European Parliament.

   
   

2. Independence

   The Members of the European Parliament are expected to act in the performance of their duties in the public interest. This principle is enunciated in Rule 2 of the European Parliament's Rules of Procedure which states that MEPs shall not be bound by any instructions regarding their mandate, in order to preserve the independence of their office and the public image of trustworthiness..

   
   

3. Transparency and Lobbying

   In order to ensure the utmost transparency, the debates of the Parliament are held in public, as are the meetings of its committees, with exceptions being made depending on the sensitivity of particular issues (Rule 96 of the European Parliament's Rules of Procedure).
   
   With a view to involving citizens closely in the legislative process and ensuring the widest possible dissemination of the acquis, public access to documents and detailed information is guaranteed (e.g. legislative proposals, preparatory documents, position papers, other documents which are not directly accessible) with very few exceptions justified only on grounds of security, privacy, defence and military matters, etc.
   
   The relationship with lobbying and interest groups deserves particular attention as it has been a key part of the European Union's debate on transparency, openness and accountability over the last decade. Furthermore, the impressive number of lobbyists and lobby groups in Brussels has been rising inexorably, with approximately 20,000 practices in Brussels at the present time, and they have become a real partner for legislative and political dialogue.
   
   In the course of their work, MEPs do need the expertise of the industry and interest groups as a primary source of information. It goes without saying that, conversely, lobby groups have the highest interest in closely following Parliament's work.
   
   Groups and individuals with a specific interest in this work requiring frequent visits to Parliament's premises may be therefore granted access passes provided that they agree to respect the rules of conduct laid down for lobbyists and they are entered in a special register.
   
   In addition to the rules adopted by the European Parliament on lobbying and interest groups, the lobbyists' own organizations have gone ahead with a system of self-regulation consistent with European rules to establish their own bona fides and their desire to cooperate efficiently with EU institutions. Wishing to distance themselves from the negative connotations of 'secret deals', European lobbyists have tried to legitimate their status and have drafted their own codes of conduct including an obligation to:

   
   
   • clearly state their identity
   • declare the interest represented
   • honour confidential information
   • avoid any conflicts of interests
   • not to allow or give any financial inducement
   
   

   It has been observed since that, as lobbying is done in this spirit of transparency, not only does it not represent a threat to the democratic decision-making process, but it can on the contrary facilitate the dialogue and the formation of policy.
   
   In accordance with the principle of transparency laid down in Article 225 of the EC Treaty and reinforced in the Amsterdam Treaty, Parliament provides free access to the register containing information on lobby groups and their contacts with Members, as well as declarations of their financial interests and the sources of their incomes. Art. 225 EC Treaty "Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have a right of access to European Parliament, Council and Commission documents, subject to the principles and the conditions to be defined in accordance with paragraph 2 and 3" (limits on grounds of public interest, Rules of Procedure).
   
   The benefits of such an open approach are:

   
   
   • respect for the principle of taking decisions as open and as close as possible to the citizen, as well as for the general principles of democracy highlighted in the Charter of Fundamental Rights
   • enabling active and well-informed participation by citizens in the legislative process
   • facilitating institutional reform
   • greater efficiency
   • avoiding potential sources of fraud and corruption
   
   

4. Conflict of interest. Declaration of financial interests

   Members of the European Parliament are required to declare their financial interests or assets that could create a situation of conflict in the performance of their duties.
   
   As in a majority of the Member States, Members of the European Parliament have an obligation to declare their financial interests at the moment of taking office as well as orally when a Member has an interest in one of the issues being debated at a sitting. Furthermore, Members of the European Parliament are responsible for updating their declaration of financial interests with regard to their extra-parliamentary activity. Their declarations are included in the public register kept by the Quaestors. The register is public and may be consulted by anyone in Parliament's three places of work (Strasbourg, Luxembourg and Brussels) and more recently via the Internet in order to allow access to this information without having to travel to one of these places.
   
   Accepted by the vast majority of MEPs, this solution has nevertheless met some opposition from a few. Their reaction was criticised by the Brussels press which led a 'transparency campaign' publishing the names of MEPs unwilling to make information on their financial interests available via the web. Since then, the number of such MEPs has steadily declined.
   
   The monitoring and transparency of MEPs' finances will also improve once the disparities in salary between Members of different nationalities disappear. At present, Members of the European Parliament receive the same parliamentary allowance as Members of their national Parliament, plus an amount paid by the European Parliament to cover the running costs of their offices.
   

Staff Regulations and the Code of Conduct of the Officials of the EP

The Staff Regulations and the Code of Conduct of the officials of the European Parliament confer special conditions and rights proportionate to the particular responsibilities incumbent on this category of public sector staff.

Conversely, a set of obligations commensurate with the importance of their position is binding on parliamentary officials and ensures their independence and loyalty in their daily work. Under the Staff Regulations, the officials recruited by the European Parliament must offer the highest standards of efficiency, integrity and ability.

Once appointed, the European Parliament's officials and other staff (e.g. assistants, contractors etc.) are subject to a set of rules regarding the management of their work, but also their integrity outside the office environment that will not cause prejudice to Parliament.

The obligations placed upon European Parliament staff can be classified as follows:

1. General Obligations

   
   
   • Independence in the widest sense of the word is the sine qua non which defines what is expected of parliamentary officials. Independence should be understood in relation to the State of which the official is a national, the party political framework and other national and international authorities.
     
     A system of rules exists therefore in order to protect EP staff from any outside influence and safeguard their independence (e.g. permission to engage in outside activity, permission to receive honours, to undertake outside activities connected with work, etc.).
   • The ban on holding interests in undertakings which are subject to the authority of their Institution is a second obligation designed to avoid situations of conflicts of interests. It applies both to the member of staff and his or her spouse for a period of up to three years following employment in the European Parliament.
     
     In view of the subjectivity of such a decision, the regulations require staff to seek prior approval from the appropriate body, which is obliged to answer within a strict deadline.
   • A third type of obligation refers to the circumspection and moderation that staff must display within and outside the working environment with regard to Parliament's proceedings and policies.
     
     This obligation, linked to the more traditional principle of loyalty, is a qualified one and should not be seen as a restriction on the views and opinions of a staff member as a citizen.
   • Confidentiality with respect to the facts, documents and information of which staff have knowledge by reason of their duties. Special permission is usually required for the disclosure of such material, although in the light of recent trends towards increased transparency in the public sector, the confidentiality principle may be interpreted in a more flexible manner.
     
     The principle of confidentiality should hence be seen in direct connection to the principle of administrative openness and not in opposition to it.
   • Non-discrimination in dealings with the public is another essential principle of the staff's rules of conduct.

National Example of Code of Conduct

The Code of Conduct for Members of Parliament (UK)

I. Purpose of the Code)

II. Public duty

III. Personal conduct