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A Comparative Approach to Civil Service Ethics in Estonia, Latvia and


Lithuania
Jolanta Palidauskaite; Aive Pevkur; Iveta Reinholde

Online publication date: 10 February 2010

To cite this Article Palidauskaite, Jolanta , Pevkur, Aive and Reinholde, Iveta(2010) 'A Comparative Approach to Civil
Service Ethics in Estonia, Latvia and Lithuania', Journal of Baltic Studies, 41: 1, 45 71
To link to this Article: DOI: 10.1080/01629770903525316
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Journal of Baltic Studies
Vol. 41, No. 1, March 2010, pp. 4571

A COMPARATIVE APPROACH TO CIVIL


SERVICE ETHICS IN ESTONIA, LATVIA
AND LITHUANIA

Jolanta Palidauskaite, Aive Pevkur


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and Iveta Reinholde

Ethics management is a rather new topic in public administration literature. The


authors compare civil service ethics in Estonia, Latvia and Lithuania. By
comparing statistical data, they describe models of civil service and features in
civil service, analyze institutional arrangements and legislative frameworks and
explore predominant values among Baltic civil servants. While there are some
common features in the ethical management of all three countries, the authors
conclude that the implementation of ethical management principles differs due
to differences in the civil service systems.
Keywords: civil service ethics; model of civil service; codes of ethics; values

Introduction

A fter the collapse of the Soviet Union, Estonia, Latvia and Lithuania began to
rebuild their public services based on Western models. Accession to the EU has
required that public service entities in all three countries function according to the
administrative capacity criteria set by the EU the so-called Copenhagen and Madrid
criteria requiring the capacity to implement acquis (Dimitrova 2004, p. 9). However,
in addition to formal functioning mechanisms, laws and procedures, there are ethical
issues to be explored. What is more, the terminology used to describe public service
has changed. Ten years ago, the agenda was filled with structural adjustment issues and
building the administration required for a democratic state. Since the basic legislation
has been passed and the necessary institutions have been created, more attention can
now be given to ethical issues and the principles of good governance.

Correspondence to: Professor Dr Hab. Jolanta Palidauskaite, Kaunas University of Technology, Faculty of Social Sciences,
Department of Public Administration, Donelaicio str. 20 219, Kaunas, LT- 44239, Lithuania. Email:
jolanta.palidauskaite@ktu.lt
ISSN 0162-9778 (print)/ISSN 1751-7877 (online) 2010 Journal of Baltic Studies
DOI: 10.1080/01629770903525316
46 JOURNAL OF BALTIC STUDIES

This article provides insight into the extant ethical management issues in all three
Baltic countries Estonia, Latvia and Lithuania. Although it has long been customary
on the part of the international community to address Estonia, Latvia and Lithuania as
a collective unit the Baltic States certain differences have influenced the
development of their civil service systems. These differences have been emphasized by
Vanagunas, who mentions linguistic, ethnic, historical, cultural and religious
differences (1999, p. 214). In the context of our analysis, some common historical
facts are important.
All three Baltic States were part of the Russian empire in the nineteenth century.
At the beginning of the twentieth century they started building new independent
states but the development was interrupted by Soviet annexation in the 1940s. These
historical facts mean that Estonian, Latvian and Lithuanian public services were heavily
influenced by Russian imperial1 and Soviet bureaucracy2 and only later by Western
practices.
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This article is structured into the five basic parts: civil service systems, legal
frameworks, institutional arrangements, ethical guidelines and values in the public
sector. By comparing statistical data, models of civil service, selection and promotion
procedures, the authors set out to describe common and differing features in the civil
service organization of the three countries. On the one hand, the authors provide
comparative descriptions and analyses of formal civil service frameworks, such as
institutional arrangements and legislative frameworks. On the other hand, ethical
management attitudes are analyzed from the perspective of the values predominating
among Baltic civil servants.
Such an approach exploration of formalized frameworks as well as real values
allowed us to identify where actual behavior differs from the expected and to posit
some reasons for the actual behavior of civil servants. The article also adapts a
chronological approach, which takes into account past actions, programs and policies
in each country. The chronological approach also allows analyzing and identifying
changes in legislation, institutional settings and values. Therefore, by utilizing
comparative and chronological approaches, the authors created a solid basis on which
to set out the main tendencies and prognoses in ethical management in the Baltic
countries. Such an approach also provided the necessary information for evaluating the
transition from one political and economic regime to another and for explaining how
this transition influences ethical issues in the short and long term. Finally, scientific
literature analyses, secondary data analyses and content analyses of legislation have also
been used.

Civil Service System


Soviet administrative traditions were the common background upon which the three
new democracies had to build their public administrations in the 1990s. The existence
of two parallel power structures (the state and the Communist Party) formed an
integral system of nomenclature (Voslenskij 1991). The subordination of the state
administration to political power the integration of the party administration into the
CIVIL SERVICE ETHICS IN ESTONIA, LATVIA AND LITHUANIA 47

state administration was the essence of the Soviet type of administrative system
(Blondel et al. 2007, p. 138; Cardona 1997, p. 12). Soviet administrative traditions
were inimical to Western administrative styles. Political pressure, lack of skills and
knowledge, lack of accountability traditions, trust in external control mechanisms
(instead of reliance on personal initiative) and rigidity in hierarchy and legislation were
all common features of public administration in Estonia, Latvia and Lithuania as well as
other East and Central European democracies (Beblavy 2002).
The starting point for the re-development of the public sector in all three Baltic
States can be dated to 1991. Although each countrys experience should be analyzed
on its own, similar tendencies can be identified as external factors promoting the
restructuring of civil service systems, especially the EU demand for PA reforms.
The Estonian and Latvian civil service reform agenda adopted a combination of
Weberian bureaucracy and New Public Management (NPM) inspired reforms. In
Lithuania the model has been a Weberian merit-based civil service system. The
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Estonian ideal was a contractual state; the Latvian ideal came closer to a social
market-economy model and the Lithuanian ideal came closer to the continental statist
tradition (Norgaard & Winding 2006, p. 143). General information on civil service is
presented in Table 1.

Models of civil service, selection and promotion procedures


According to the laws regulating Estonian public service, it can be characterized as an
open and position-based system. After 1995 further steps were taken to move away
from the career model integrated in Weberian logic and to develop an open (position)

TABLE 1 Comparative perspective of public sector size 2006

Number of Average age


Country civil servants of civil servants Civil service system

Estoniaa 28,676 Under 40 (55%) Open, position-based


Latvia 11,722 Under 40 (51.2%) Open, position-based mixed with some elements
of career based system
Lithuania 24,790 43.46 Open, mixed with dominating features of
career-based public service system

Notes: Data as of 31 December 2006.


a
In Estonia there are full data about the State Public Service and approximate data about Local
Government Public Service which all together are Public Service. In 2005 there were 23,644 State
Public Servants and approximately 4,500 Local Government Public Servants. In 2006, the numbers
were 23,376 and approximately 4,700.
Sources: for Estonia: Estonian Public Service webpage. Status, structure and size of public service.
Available at: http://www.avalikteenistus.ee/?id10901 (accessed 17 November 2007); for Latvia:
Webpage of Latvian State Civil Service Administration. Statistical data on civil service. Available at:
http://www.vcp.gov.lv/55/ (accessed 17 November 2007); for Lithuania: Valstybes Tarnybos Istatymo
ir su juo Susijusiu Teises Aktu Taikymo ir Igyvendimo Ataskaita uz 2006 m. (2007), pp. 656. Vilnius:
Valstybes tarnybos departamentas prie VRM.
48 JOURNAL OF BALTIC STUDIES

system of civil service with few elements of career service (Norgaard & Winding
2006, p. 152). In Estonia the state civil service is divided into grades with uniform
titles of offices and uniform salary scales. The division into grades does not mean that
candidates automatically enter the system with the lowest position of junior civil
service. If the person has the necessary skills and qualifications, he or she can apply for
any position at any level. The Public Service Act (of 25 January 1995) states clearly
that every citizen 18 years old or older who has attained at least a secondary education
can apply for positions in public service (article 14). At the same time there are some
restrictions. According to article 16 of the Public Service Act, persons under criminal
punishment or preliminary investigation for criminal activities, or who have been
punished for an act of corruption, or persons in a close relationship with a potential
superior official shall not be employed in public service. The Estonian Public Service
Act allows promotion if the individual has been in a position for at least six months
and the competition and evaluation committee decides that the applicant is sufficiently
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qualified for the higher position (article 83).


In Latvia, according to the State Civil Service Law (7 September 2000), civil
service is also an open and position-based system with some elements of a
career-based system. Every citizen of Latvia can apply for a civil servant position once
the open competition is announced (article 8). The basic criteria are as follows:
citizenship of the Republic of Latvia, higher education, not of retirement age, no
criminal record, unless accompanied by evidence of rehabilitation, no record of
dismissal from a civil service position by a court judgment in a criminal matter nor
appointment to a permanent staff position in the state security service or intelligence
service of the USSR, the Latvian SSR or a foreign state (article 7). At the same time,
civil servants can develop their career through internal promotion, which is not
clearly defined in the law. Career development of civil servants is actually dependent
on annual performance appraisal (article 35) and available positions. Latvian laws take
a stricter view on requirements for civil servants in the recruitment process in
comparison to Estonia. In Latvia higher education is required. The candidate is not
allowed to apply for a position where he or she might be related to the head of the
institution or a superior manager (article 7). The promotion of civil servants is based
on the annual performance appraisal. The Latvian civil service is also divided into
qualification categories and levels influencing remuneration (article 36). The State
Civil Service Law, passed in 2000, is more flexible in comparison with the previous
Civil Service Law of 1994. The 1994 law reflected classical Weberian ideas of public
service, since its preparation was based on German legislation and Latvian civil service
experience before World War II (Gailis 1997, p. 107). The State Civil Service law of
2000 foresaw the division of civil service into general and specialized civil service
(article 2) and abandoned the exam system for entry to the civil service.
Lithuanian public service is open in that an individual can apply for any position
once the formal criteria are fulfilled. During the period 19951999, a classic Weberian
bureaucratic system, following the example of German, Spanish and French public
service systems, was implemented in Lithuania (Masiulis 2007, p. 120). The result of
reforms started in 1990 is a mixed civil service system. The elements of a career civil
service system dominate the position-based system in Lithuania (six elements of career-
versus four elements of position-based) (Minkevicius & Ivanauskiene 2007, pp. 70, 88).
CIVIL SERVICE ETHICS IN ESTONIA, LATVIA AND LITHUANIA 49

The career-based model encourages professionalism and creates equal requirements


and working conditions but is criticized for inflexibility and stagnation, whereas a
position-based system is flexible and open from a managerial perspective but
encompasses greater possibilities for political pressure and corruption. The mixed
model offers features (flexibility and stability) of both systems (Krupavicius 2007,
p. 331; Minkevicius & Ivanauskiene 2007, p. 85).
Civil service in Lithuania is regulated by the Law on Public Service (23 April
2002) and the accompanying 20 secondary pieces of legislation. Civil servants are
divided into four groups and into three categories (A, B, C according to educational
level) and 20 grades, depending on the educational level and the rank of the post
(article 7). According to the Law on Public Service, the candidate should be a citizen
of Lithuania, at least 18 years old, but no older than 62.5 years and should have the
necessary education to fulfill the position (article 9). Qualifications and skills are the
basic criteria for an individual to acquire the position. A person who has been found
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guilty of a crime (corrupt activity or violation of public interests) or who has close
relatives who would be in a supervisory relationship may not take the civil servant
positions (article 9). The Law on Public Service emphasizes that during the interview
special attention should be paid toward identifying whether the candidate has the
necessary abilities to fulfill the specified functions; nothing is said about the personal
characteristics of the candidate (article 11).
Transfer to a higher position is based on merit. In Lithuania there is clear link
between levels of remuneration and the position. The 2003 Law on Public Service was
amended to include a provision that public servants may be discharged from the office
if they transgress public duties, legislation or ethical principles (article 29).
In summary, the civil service systems in all three Baltic countries are more or less
similar (Table 2). All three are open, meaning that every citizen of the respective
country can apply for civil service once he or she satisfies the formal requirements.
Estonia has a position-based system, but Lithuania and Latvia have mixed systems
which include elements of a career-based system. In the context of civil service
systems, the issue of whether selection and promotion procedures are linked to the
ethical side of activity is relevant. Recruitment and promotion procedures are still
criticized as being insufficiently transparent and too subjective in all three countries.3
Open systems do not provide solid grounds for creating a widely accepted public
service ethos. The precautionary behavior of legislators regarding inclusion of ethical
measures in legislation is directly connected to changes of political regimes and
subsequent changes of the values in society. In addition, recruitment and career
development are not totally free of political influence and bias. In all three Baltic
countries, one can find cases of political influence in some positions or even sectors.
For example, in 2005 the Estonian media pointed to attempts of ministers of
environmental policy to politicize the civil servants in the environmental sector. In
2007, the Latvian State Secretary of the Ministry of Agriculture (the top
administrative position) and member of a political party was transferred to another
ministry controlled by the same political party after changes in the coalition
government.
Legislation in Lithuania and Latvia describes liability for unethical conduct.
Lithuanian legislation establishes liability for unethical conduct but the Register of
50 JOURNAL OF BALTIC STUDIES

TABLE 2 Comparative perspective on civil service system (model type in brackets)

Feature Estonia Latvia Lithuania

Admission For any position (P) For any position (P) For any position (P)
Education Special education is Special education is Special education is
not required (P) not required (P) not required (P)
Age limit Might be released at Under retirement age 62.5 (C)
65 (P) (in 2007, for women
60, for men 62) (C)
Experience Not required (P) Not required (P) Not required (P)
Pay system Defined in State Public Defined in State Civil Defined in Public
Servants Official Service Act (C) Service act (C)
Titles and Salary
Scale Act (C)
Positionremu- Clear dependency Clear dependency (C) Clear dependency (C)
neration does not exist (P)
relationship
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System of Exist to some extent (P) Exist to some extent (P) Exist (C)
promotion
Appointment Not terminated (C) Not terminated (C) Not terminated (C)
Special pension Yes (C) No (P) No (P)
provisions
Special Public Service Act and State Civil service law Public Service act and
legislation the accompanying and the accom- the accompanying
secondary legisla- panying secondary secondary legisla-
tion (C) legislation (C) tion (C)

Note: P, position-based system; C, career-based system.

Public Servants does not provide statistics on how many officials received disciplinary
punishment for breaking ethical rules. In Latvia, the Law on Disciplinary Liability of
Civil Servants (11 May 2006) established liability for such activities as incorrect
behavior toward individuals (articles 40 and 41). The law differentiates between
incorrect behavior conducted while in the office and during personal time (weekends
and after working hours). Legislation specifies the penalties according to the extent of
damage (losses) for the country or for the person. Article 12 mentions the following
penalties for any disciplinary breach: (1) reprimand, (2) decrease of salary, but not
more than 20% for a period of three months to one year, (3) demotion for a period
not longer than three years, (4) dismissal and (5) dismissal with no right to be in
public administration for one year. No data are available for how many servants have
been punished for incorrect behavior in Latvia. In both countries, liability for
unethical conduct exists, but lack of data does not allow us to analyze the application
of liability. Article 84 of the Estonian Public Service Act lists disciplinary offenses,
among which is an indecent act, that is, a wrongful act which is in conflict with
generally recognized moral standards or ethical standards set for officials, or which
discredits an official or administrative agency, regardless of whether the act is
committed in or out of service. But the legislation does not specify the particular
disciplinary punishment for particular unethical conduct. The requirement to act
ethically, according to the requirements of the code of ethics, is expressed in certain
resolutions of the State Supreme Court.4
CIVIL SERVICE ETHICS IN ESTONIA, LATVIA AND LITHUANIA 51

Some relevant differences should be mentioned. Traditional bureaucratic civil


service based on French, German and Spanish models was initiated in Lithuania at the
end of the twentieth century to avoid facing the challenge of starting reform in the
New Public Management style (Masiulis 2007, p. 416). In 1993, Estonia and Latvia
were already more eager to pursue reforms in the New Public Management style
(Temmes et al. 2004, p. 33).
Each of the three Baltic States chose different public administration traditions to
follow. Lithuania followed the French model with emphasis on fulfillment of state
functions, while Estonia and Latvia were more impressed by the Swedish model with
its emphasis on provision of public services. In addition, the models and reforms of
the UK, Australia and New Zealand have significantly influenced the debate on civil
service development in Latvia (Verheijen 1999, pp. 3301). Keeping in mind the
legacy of Soviet administrative experience, it was easier to adopt traditional models
than to implement new managerial principles.
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Legal Framework
Constitutional provisions
The institutionalization of administrative ethics in the Baltic countries started with
the adoption of the new constitutions in Lithuania (1992) and Estonia (1992). The
Constitution of Latvia (passed in 1922) was restored after regaining independence. In
1998, a few amendments were made to the Latvian constitution. The constitutions set
the rules for administrators work, including the values serving as guidelines, and
defined public expectations with regard to government activities. Public officials,
better informed on the functioning of governments, interpret and determine the
implementation of the constitution and they advise ministers and politicians (Chapman
1993). Rohr tends to seek the background of civil service ethics in constitutions
(1989, p. 59).
As in many Western democracies, the constitutions of the three Baltic countries
do not include separate chapters that establish guidelines for civil service as they do
for the activities of parliament, government and the courts. Nevertheless, there are
separate articles defining the values to be used as guidelines for public servants or
public institutions, citizens rights in relationship to public authorities and restrictions
on civil servants. All three constitutions contain only one reference to civil service,
which states that every citizen has the right to hold a public position (article 33 in the
Lithuanian constitution, article 30 in the Estonian constitution and 101 in the Latvian
constitution). Estonian, Latvian and Lithuanian constitutions take different approaches
to setting guidelines for civil servants (Table 3).
The Latvian Constitution does not provide any guidelines for public servants. The
Lithuanian Constitution sets three basic principles for the functioning of public
officers: serving the public, lawfulness and equality (articles 5, 29 and 33). The
Estonian Constitution is the most detailed. It sets not only guidelines for civil servants
but also restrictions on their activity. The Estonian Constitution prohibits state
agencies and local governments, and their officials, from interfering with the private
or family life of any person, except in certain cases (article 26), or gathering or
52 JOURNAL OF BALTIC STUDIES

TABLE 3 Constitutional values for public servants/public institutions

Values Estonia Latvia Lithuania

Rule of law Art. 3 Art. 5


Justice Preamble Preamble
Serving the people Art. 14 Art. 5
Equality before the law, Art. 12 (courts and public Art. 91 (public institutions Art. 29
courts and public institutions are not are not mentioned)
institutions mentioned)

storing information about the beliefs of an Estonian citizen against the citizens free
will (article 42).
Clearly stated in the Estonian constitution (article 30) are restrictions against
some categories of civil servants engaging in commercial activities, forming
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profit-making associations or joining political parties, etc. No references are found


in the Latvian constitution to limiting constitutional rights for civil servants, such as
the right to political association or to free enterprise. In the Lithuanian constitution
similar restrictions are mentioned for members of government and parliament
(article 99, 60). The Estonian constitution also restricts the right of state and local
government civil servants to freely disseminate ideas, opinions, beliefs and other
information that seek to protect a state or business secret or information received in
confidence, which has become known to them by reason of their office, and the family
and private life of others, as well as in the interests of justice (article 45).
All three constitutions mention the right of citizens to information about and
appeal against administrative decisions of state or local government institutions.
Equality as a guideline for civil servants is also important, as is the right of citizens to
equal treatment before the law and in public institutions. The chapter on human rights
is the last one in the Latvian Constitution and makes very brief reference to the
citizenauthorities relationship. Equality before the law and courts (article 92), right
to information (article 100) and right to appeal and receive answers from state or local
government institutions (article 104) are listed in the Latvian constitution. In
comparison, the Estonian constitution is rather detailed when describing the
fundamental rights, freedoms and duties of citizens (articles 855). Article 25 of the
Lithuanian constitution establishes the right of citizens to access information about
them held in state institutions. Lithuanian citizens also have the right to criticize the
work of public servants and public institutions (article 33).

Normative foundations for civil service


The topic of normative foundations for civil service has a long history as many
philosophers, researchers and leaders have addressed this idea. Such foundations not
only rest on constitutional provisions but also are elaborated through the Public
Service Act, the text of the Public Servants Oath, Codes of Ethics and other related
legislation.
Estonian, Latvian and Lithuanian legislation set different principles for their civil
servants. Data for Table 4 were gathered from Public Service and Administrative
CIVIL SERVICE ETHICS IN ESTONIA, LATVIA AND LITHUANIA 53

TABLE 4 General guiding principles for civil servants and public institutions

Estonia Latvia Lithuania

(1) Protection of indivi- (1) Lawfulness (1) Supremacy of law


duals fundamental (2) Observation of human rights (2) Objectivity
rights and freedoms (3) Public Interest (3) Proportionality
(2) The use of discretion (4) Disinterestedness (4) Subsidiarity
within certain limits (5) Observation of principles of (5) Non-misuse of official
imposed by legislation good administration position
and by general prin- (6) Regular examination and (6) Inter-institutional
ciples of justice improvement of the quality of cooperation
(3) Proportionality services (7) Effectiveness
(4) Efficiency (7) Duty to inform the public of its (8) Principle of one-stop
(5) Impartiality activities shop
(6) Transparency (8) Accessibility to the public (9) Equality
(7) Faithfulness to the (9) Subsidiarity (10) Political neutrality
constitutional order of (10) Effectiveness (11) Transparency
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Estonia (11) Political neutrality (12) Loyalty


(8) Conscientious and (12) Honesty (13) Responsibility
accurate performance (13) Fairness
(14) Loyalty to Republic of Latvia
(15) Equality
(16) Principle of not allowing
arbitrariness
(17) Reasonable application of legal
norms
(18) Principle of democratic
structure
(19) Proportionality
(20) Procedural equity

Procedure Acts. The table shows fewer principles in the Estonian case, since the
Public Service Act does not provide any guiding principles for those officials. The
Administrative Procedure Act passed in Estonia on 6 June 2001 (principles 16 in
Table 4) and Oath of Office (principles 7 and 8) set the above-mentioned guidelines.
Two laws in Lithuania set out the guiding principles for civil servants. The Revised
Law on Public Administration (27 June 2006) promulgated effectiveness and the
principle of one-stop shopping, in addition to the first six principles of public
administration shown in Table 4 named in the Law on Public Administration (17 June
1999). The current edition of the Law on Public Service defines the following
principles as the basis for civil service: supremacy of law, equality, political neutrality,
transparency and career development as well as loyalty and responsibility for
decisions. Together with the general principles, they set out the key ethical principles
for Lithuanian civil servants.
The Latvian Parliament, seeking to ensure a democratic, lawful, effective, open
and publicly accessible State administration, adopted the State Administration
Structure Law (6 June 2002). Whereas Lithuanian legislation provides a list of
principles, Latvian legislation describes the content of each mentioned principle (the
first 10 in Table 4). For example, among the principles of good administration,
section 10.5 mentions openness, protection of data, fair implementation of
54 JOURNAL OF BALTIC STUDIES

procedures within a reasonable time and seeking to ensure the rights and lawful
interests of private individuals. The law determines that public interest shall also
include proportionate observance of the rights and lawful interests of private
individuals (section 10.3). The principle of political neutrality is mentioned in the
general provisions of the State Civil Service Law. The Latvian Administrative
Procedure Law (25 October 2001) enumerates 11 general legal principles, which
are listed in Table 4 (1, 2, 1520).5
The idea of an official oath comes from ancient times. Today usually only
military personnel and the highest elected politicians take an oath before starting
their activities. The pledge reflects the highest standards and ideals (Hart 2001,
p. 208). The texts of the official oath in Estonia and Latvia also refer to several
principles. Latvian civil servants pledge to be honest, fair and loyal to the
Republic of Latvia, to perform their duties in accordance with the constitution,
international agreements, the laws and decisions of the government and to serve
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the general interests of the public in order to ensure that the activities of state
administration are lawful, efficient and transparent (section 13 of the State Civil
Service Law). The Oath of Office in Estonia stresses faithfulness to the
constitutional order of Estonia, conscientious and accurate performance, fulfillment
of official duties and adherence to Public Service Code of Ethics (article 28 of the
Public Service Act).
A comparison of the above-mentioned principles for public servants permits some
observations: (1) the most detailed list of principles is found in Latvian legislation;
(2) Lithuanian legislation distinguishes between general and ethical principles;
(3) several common principles, namely political neutrality, lawfulness, proportion-
ality, faithfulness to the constitutional order, etc., bind civil servants.

Duties of civil servants


Some important normative aspects of civil-servant activities are elaborated in a
description of their duties. The comparison of duties for civil servants in the three
countries (Table 5) indicates more similarities than differences. Common require-
ments include acting pursuant to the public interest and observing legislation and the
Code of Ethics while performing civil functions. Estonian and Lithuanian legislation
address the issue of maintenance of official information. In this regard, Lithuanian
legislation also stresses the principle of transparency, formulated as the duty of the
civil servant to provide information on his or her activity. Estonian and Latvian
legislation mention the duty to perform the functions of absent officials. Latvian and
Lithuanian civil servants must be loyal to the government and improve their
qualifications. Latvian legislation requires that work should be discharged with
initiative and in the interests of society and requires the servant to refuse compliance
with unlawful orders. Principles mentioned in the pledge and duties listed in the
Estonian and Latvian public service acts are similar: loyalty to the state, legality,
performance of duties and serving the public interest.
In the chapter on duties, the Estonian Public Service Act (articles 5976) lists
some restrictions, such as membership of commercial associations or activity in
political parties. Some activities, such as participation in enterprise or possibilities for
CIVIL SERVICE ETHICS IN ESTONIA, LATVIA AND LITHUANIA 55

TABLE 5 Duties of civil servants

Duties

Estonia  performing duties in an accurate, timely and conscientious manner, expediently,


and without self-interest, pursuant to the public interest, public service code of
ethics and other codes of ethics established within the administrative agency
 observing legislation
 execution of orders not arising from position
 performance of functions not belonging to functions of public servant
 performance of functions of absent official
 transfer of operations and assets (before holiday, release from office)
 maintenance of information not subject to disclosure
 obligation to declare economic interest
Latvia  basic duties:
 observe the Constitution, the norms of international law, laws and other
regulatory enactments
 be loyal to the lawful government
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 conscientiously act in the public interest


 fulfill the duties of a civil service position, the lawful orders of supervisors
 be liable for ones actions
 observe the principles of conduct for a civil servant
 not discredit himself or herself, the institution or the State
 be responsible for the lawfulness of ones actions or failure to act
 improve qualifications
 duties of Civil Service positions:
 temporarily perform the duties of absent civil servants in addition to the direct
duties of the position
Lithuania  act according to the Constitution and laws
 be loyal to Lithuanian state and constitutional settings
 respect human rights and liberties, serve the public interests
 properly and in time perform official functions as described in job description
 adhere to ethical principles while mindful of the duty to avoid conflict of interests
and refrain from misuse of official position
 follow institutional rules of internal order
 provide information about the office
 study
 proper dissemination of official information
 not use state or municipal property and official time for other than official
purposes
 not to participate in other activity contradictory to official duties of a public
servant
 not to use official time for other purposes

outside employment, are bound up with the permission of the immediate superior or
administrative agency that has appointed him or her to office.
In the Lithuanian Law on Public Service, duties and restrictions are named in
separate articles (15 and 17). Article 17 concentrates on naming incompatible
activities: representation, signing contracts, etc. The Latvian State Civil Service Law
distinguishes two categories: general duties (chapter 4) and duties of civil service
positions, which are defined in the job description (chapter 5). In contrast to the
Estonian legislation, only a few restrictions are mentioned, such as restrictions on
entrepreneurial activity, obtaining income, exercising supervisory control and
expressing the official opinion of an institution.
56 JOURNAL OF BALTIC STUDIES

Institutional Framework
The OECD emphasizes the role of coordinating ethics bodies in building ethics
infrastructure in the public sector. These bodies usually perform one or more of three
roles: watchdog, counselor or promoter (OECD 1996). According to OECD
classification, the watchdog body investigates breaches of ethical conduct, the
counselor consults, advises and recommends, while the promoter raises awareness and
educates both society and public servants. The Baltic States have several institutions
that directly or indirectly oversee ethics in the public service sector (Table 6).
All three Baltic countries have an ombudsman institution. In addition, other
institutions have been created, in accord with the needs of each country and its
administrative tradition, to ensure the ethical behavior of civil servants. The
ombudsman or chancellor of justice, as it is labeled in Estonia, is responsible for
overseeing the implementation of principles of good governance in public
administration how public administration complies with the aforementioned
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principles.6 In 2005, the ombudsman processed 1,666 cases, out of which 372 or
22.3% were forwarded for verification of the legality of actions by public officials and
public authorities.7 In 2008 the comparable numbers were 1,944 cases in total, 258 or
13.3% of which were forwarded for verification.8
The Latvian ombudsman is responsible for (1) promoting human rights protection
and (2) overseeing the principles of good governance. The second task deals mainly
with the way civil service works, including its handling of ethical issues. During 2008,
the ombudsman received 285 applications regarding violation of principles of good
governance.9 The number of applications is quite large, considering that there is only
one ombudsman and only 39 total staff in the office.
In Lithuania, the office of the Seimas ombudsmen was established in 1994. Five
ombudsmen were appointed by the parliament for a period of five years. In Lithuania,
the ombudsmens office has the same functions as in other European countries to
protect the individuals rights to good administration, including supervising public
institutions to verify that they are correctly serving the public. In 2005, the Seimas
ombudsmen investigated 1,254 cases with regard to the actions of public officials. The
largest number dealt with actions by the Department of Prisons and its subordinate
institutions (21%) and actions of the police (12%) and prosecutors (10%).10 Only a
small percentage of the complaints related to breaches of professional ethics. The task

TABLE 6 Institutional framework for ethical supervision

Country Institutions Role according to OECD

Estonia State Chancellery Promoter


Ombudsman Watchdog, counselor
Ministry of Justice Counselor, promoter
Latvia Ombudsman Counselor
State Civil Service Administration Watchdog
Corruption Prevention and Combating Bureau Watchdog, promoter
Lithuania Chief Commission on Professional Ethics Promoter, counselor
Special Investigation Service Watchdog
Seimas Ombudsmen Watchdog, counselor
CIVIL SERVICE ETHICS IN ESTONIA, LATVIA AND LITHUANIA 57

of the Seimas ombudsmen is not to impose penalties on officers for violations but to
prevent them from abuse of office and red tape.
In addition to the ombudsmen, Latvia and Lithuania have anticorruption agencies
with a wide spectrum of functions. The Latvian Corruption Prevention and Fighting
Bureau (also known as KNAB) operates in the areas of preventing and combating
corruption. In practice, that means that KNAB examines all declarations submitted by
public officials as well as carrying out investigations and operative actions with respect
to corruption in the public sector. In 2005, KNAB received 712 complaints of possible
violations of the Law on Prevention of Conflict of Interest.11 The most common
violations of the law by public officials relate to a situation of conflict-of-interest while
performing official duties and issuing administrative acts. Recently, KNAB has
developed a set of interactive educational materials on public service ethics in CD
format. The materials include movies elaborating typical situations faced by officials
from an ethical or legal perspective and legal and explanatory texts on corruption,
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conflict of interest and ethics.


The Lithuanian Special Investigation Service (also known as SIS) set up in 1997 has
a single main task to detect, investigate and prevent corruption. It was created
following the Hong Kong model. After some reorganization initiated by the Ministry
of the Interior, it has the status of an independent agency accountable to the president
and parliament. SIS not only investigates corruption cases, but also implements
anti-corruption programs for high-school pupils, students, politicians, civil servants
and municipalities in cooperation with other public bodies. SIS carries out
investigative and operative actions in corruption-related crimes. In that capacity, in
2005, SIS investigated 62 civil servants and officials, most of whom were employed in
branches of interior affairs.12 Based on the collected information, stories and
international experiences, SIS conducts analysis, initiates legal acts (draft of Law on
Protection of Whistleblowers, draft Code of Conduct for Public Servants, etc.) and
advises public institutions on how to develop and implement anti-corruption programs
that carry out corruption-risk assessments. In 2008, public trust in this institution was
about 40%, which was higher than trust in parliament, the cabinet or judiciary, and
persons reporting or complaining about corrupt activities (1055) nearly doubled
compared to 2004 (675).13
The Latvian State Civil service administration is responsible for general civil
service policy and ethical issues. In Estonia the State Chancellery14 has the same
responsibilities and was one of the basic institutions in Estonia responsible for ethical
issues until the end of 2009. It worked closely with the Estonian Ministry of Justice,
which is responsible for anticorruption activities. The State Chancellery initiates a
wide range of activities with regard to the enforcement of the Code of Ethics
exchange of information among public sectors, development of training courses on
ethical issues and proposed amendments to existing legislation. In the autumn of 2009
the State Chancellery initiated a process to establish the Public Service Ethics Council.
In 2010, the Department of Public Service, which is responsible for the development
of public service ethics, is moving to the Ministry of Finance.
According to the State Civil Service Law in Latvia (article 4), the State
Chancellery is responsible for general civil service policy. The State Chancellery is
responsible for formulating the unified principles for personnel policy and ethics in
58 JOURNAL OF BALTIC STUDIES

civil service. However, each civil service institution has the duty to review complaints
of citizens with respect to the actions and behavior of civil servants employed at the
respective institution.
The Chief Commission of Professional Ethics (also known as the Commission) in
Lithuania was set up in 1999 to oversee two laws the Law on the Compatibility of
Public and Private Interests in Public Service and the Law on Lobbying Activity. Later,
their functions were widened, adding supervision of the Law on Corruption
Prevention and the newly adopted Code of Conduct for Politicians. The watchdog
role of the Commission is to be in charge of the conflict of interest declarations
submitted by state and local politicians, senior public officials and civil servants and to
decide when concrete legislation has been violated. In addition to the watchdog
functions, the roles of corruption prevention, consultation (public servants or
politicians) and education are of equal importance. When determining evidence of
legislative shortcomings, the Chief Commission for Professional Ethics can initiate
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changes in legislation.15 One of their recent proposals is to nominate an official


responsible for ethical issues in each public institution.
A review of the institutional frameworks related to the ethical behavior of civil
servants and civil service systems in all three Baltic countries reveals some
similarities. First of all, in all three the ombudsman institution monitors public
administration and principles of good governance. Secondly, there are institutions
whose duty it is to prevent and investigate corruption-related crimes in public
service, such as the Special Investigation Service in Lithuania and the Corruption
Prevention and Combating Bureau in Latvia. Estonia has not created such a separate
institution. Combating corruption is one of the tasks of the Security Police Board.16
On the one hand, the creation of such institutions can be viewed as a reaction to
high corruption levels in the country (see Table 10). On the other hand, such
institutions inevitably have some kind of effect upon the behavior of civil servants.
The Latvian KNAB is responsible for managing two serious ethical problems:
corruption and conflict of interests; in Lithuania, the Chief Commission on
Professional Ethics and the SIS share responsibility for fighting corruption and
avoiding conflict of interests.
A third common feature in Latvia and Estonia is an institution that formulates
general policy on ethical issues in public service. The Civil Service Department in
Lithuania at the moment does not concern itself with these issues.
Analyzing the institutional framework in the context of OECD-defined roles for
coordinating ethics bodies, it is evident that Lithuania and Latvia place more emphasis
on the investigation of cases than on consulting and advising. In Estonian legislation the
liability for unethical conduct is quite vague and no central institution investigates
cases of unethical conduct. According to the Public Service Act, responsibility for the
investigation of similar cases is assigned to each individual organization.

Ethical Guidelines
Codes of ethics reinforce the idea that public-office holders must adhere to higher
standards of conduct than others in society. By extolling democratic values and public
CIVIL SERVICE ETHICS IN ESTONIA, LATVIA AND LITHUANIA 59

service as public trust, they increase the legitimacy of public administration (Plant
1998, p. 168; 2001, p. 311). A well-written and well-implemented code of ethics/
code of conduct is a useful tool for clarifying the values and standards of official
behavior. In most cases, the code restates and elaborates the values and principles
already embodied in legislation (Moilanen & Salminen 2006).
The Public Service Code of Ethics in Estonia was drafted in 1999 and adopted by
the Parliament as an attachment to the Civil Service Act. The code is unique in Europe
(Demmke & Bossaert 2004). Some local experts point to confusion over the code
because of the vagueness of its content, in that it expresses values rather than rules for
conduct and has problems with the implementation plan (Saarniit 2005). The Estonian
code is of a very general character. The concepts used are not clarified and are rather
brief, consisting of 20 simple statements of a little bit more than half a page in total.
None of the officials it regulates was consulted during the preparation stage.17
On 9 January 2001, the government of Latvia passed the two-page document
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Principles of Ethical Behavior of Civil Servants, with 17 articles. The Latvian code is
nevertheless more specific than the Estonian document. For example, article 15
obliges a civil servant to prevent unlawful or unethical acts in an organization or in
public administration in general and to inform higher authorities of such cases.
The four-page Lithuanian document, called Ethical Rules for Public Servants,
has been in force since July 200218 and will remain so until Lithuania finishes drafting
the Code of Conduct for Public Servants. The rules explain how to implement eight
key ethical principles in civil service, namely: (1) respect for the citizen and the state,
(2) fairness, (3) disinterestedness, (4) impartiality, (5) moral propriety, (6)
responsibility, (7) transparency, and (8) exemplariness.
These principles were mentioned together with the general principles for
Lithuanian civil servants in the Law on Public Service. A governmental decision On
the Endorsement of Exemplary Rules of Internal Order for State Institutions and
Agencies, issued 28 February 2006, also addresses some ethical issues (general
requirements, requirements for clothing and conduct). Intuiting a direct relationship
between the conduct of civil servants and public opinion and the general image of
public institutions, the rules stress that the conduct of public servants and employees
should represent the institution (section 21).
Of all three codes, the Estonian document deserves special attention. It stresses
serving the public as the key priority. The first article reflects the idea of New Public
Management and provides a rather modern and democratic perception of a public
servant: an official is a citizen in the service of people. The document stresses that
departmental interest should be subordinated to public interest and that official
information should be used only in the public interest. Citizen participation, which is
internationally recognized as an essential for good governance, was referred to only in
the Estonian code (Palidauskaite 2005, p. 42).
A comparison of the guiding principles of public service highlighted in the codes
reveals three different trends: (1) Estonia simply names the main principles without
further specification; (2) Latvia groups various principles (general principles,
principles important for communication and conflict of interest situations); and (3)
Lithuania identifies the main principles and by further elaborating them also names
other principles, which are of no less significance (in Table 7 these are in brackets).
60 JOURNAL OF BALTIC STUDIES

TABLE 7 Principles revealed in Codes of Ethics

Country Principles

Estonia Serving the public, respect for the law and people, loyalty to the government, public
participation, political neutrality, impartiality, objectivity, predictability, open-
ness, honesty, benevolence, reliability, responsibility, consciousness,
competence
Latvia General principles: legality, loyalty to the government, diligence, responsibility,
objectivity, impartiality, efficiency
Principles of behavior in relation to other civil servants and the public: amicability,
courtesy, benevolence, respect for persons rights and duties, serving the public,
professionalism, humanity, self-criticism, equality, integrity, responsiveness
Norms of behavior in the situation of the conflict of interest: disinterestedness,
serving the public
Lithuania Respect for citizen and the state, fairness, disinterestedness, impartiality, moral
propriety, responsibility, transparency and exemplariness [legality, political
neutrality, loyalty to the government, careful and responsible performance of
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public duties, honesty, serving the public interest, objectivity, professionalism,


efficiency, tolerance, humanity]

Besides the general codes of ethics for public servants, a number of other public
institutions (the Tax and Customs Boards, the National Audit Office in Estonia, the
Special Investigation Service, State Control, State Tax Inspectorate in Lithuania as well
as Customs in Latvia) and professional bodies (accountants, internal auditors, social
workers, etc. in Estonia, policemen, bailiffs, social workers, etc. in Lithuania,
accountants, policemen, journalists, etc. in Latvia) try to regulate the conduct of their
members and employees. In Estonia, due to the decentralized nature of the civil
service system, it is very difficult to determine how many public institutions have their
own codes of ethics. According to data on the website of the Chief Commission on
Professional Ethics, Lithuania has more than 20 such codes. In Latvia, over the past
few years, most public institutions at the state level have developed codes of ethics.
One hundred and five state institutions have codes or declarations of ethics and several
other state institutions have prepared such codes or have integrated them into internal
regulations. In comparison, only seven municipalities have developed such codes
(Loskutovs 2006).

Comparison of Expectations and Values in Civil Service


All the Baltic States are moving toward integrating democratic values into society and
free-market values into the economy, but changing ethical behavior connected to
beliefs and values is both challenging and time-consuming. Ethics (laws or codes of
ethics) work when they encompass peoples existing beliefs and practices, writes
Demmke (2004, p. 12).
Three different approaches to articulating the values influencing the work of civil
servants can be observed. One of the approaches emphasizes the two inherent values
of civil service expressed in laws, norms and codes of ethics and conduct one
prescriptive, the other inspirational. Based on the overview of these (above), it is
CIVIL SERVICE ETHICS IN ESTONIA, LATVIA AND LITHUANIA 61

possible to draw the conclusion that core values expected from civil service are
generally recognized in official documents in all the Baltic States. The second approach
to civil service, which can be termed descriptive, is about values actually held by civil
servants. These values are expressed in administrative practice in all three countries,
but are less well analyzed using scientific methods. The third way to examine civil
service values is to analyze how the opinions of citizens express public expectations
and interests. The last two approaches will be explored below.

General remarks
When referring to the Baltic States during the Soviet times, more similarities than
differences were emphasized. After re-gaining independence, the aim of the Baltic
States was to emphasize their differences, but many of the current political contexts,
such as membership of the EU and NATO, challenged such differentiation. As the
treaty establishing a Constitution for Europe states:
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The Union is founded on the values of respect for human dignity, freedom,
democracy, equality, the rule of law and respect for human rights, including the
rights of persons belonging to minorities. These values are common to the
Member States in a society in which pluralism, non-discrimination, tolerance,
justice, solidarity and equality between women and men prevail.19
All three countries became members of the European Union in 2004, a date that
could be regarded as the starting point for being a part of the European
community. However, culturally and geographically Baltic countries were in Europe long
before that date. The ethical principles for public service of European Union
member states include commitment to the public, integrity, honesty and fairness,
independence, accountability, openness and transparency and honesty (Demmke
2004, pp. 1516).
Value perceptions throughout Europe differ (Demmke & Bossaert 2004). Is this
also true for the Baltic States, who share history and geographical location? According
to one survey, respondents in all three countries said that reform measures increase
the risk of unethical behavior (Demmke & Bossaert 2004, p. 52). In 2004 the
European Institute of Public Administration (EIPA) conducted a survey to determine
the biggest challenges facing the development of ethical standards. Estonia and
Lithuania were found to have a low civil service ethos or no shared values (Demmke
2004, p. 38). The official Estonian answer indicated a concern about securing core
civil service values in a decentralized and open civil service system, in which people
can move freely between private and public sectors. It was also expected that a great
turnover of staff in the civil service, especially at central level impedes the
development of a coherent set of values for the civil service (Demmke & Bossaert
2004, p. 52).

Values in administrative practice


In 2004 during the Dutch presidency of the European Union, the main features of an
Ethics Framework for the Public Sector were proposed. This document acknowledged
the existence of differences among the member states. The possibility of identifying
62 JOURNAL OF BALTIC STUDIES

basic core values for all was also posited. The list of proposed values included the
principle of the rule of law, impartiality/objectivity, reliability/transparency, duty of
care in decision-making and using the resources, courtesy, willingness to help in a
respectful manner and professionalism/accountability (EU 2004).
As EUPANs research revealed, general core values identified in the Ethics
Framework are well reflected in the official documents of member states. The EUPAN
study also attempted to ascertain core values in administrative practices.
Unfortunately this area of civil service is not well explored. An assessment of
real-life civil service values demands empirical questions. Responses in the EUPAN
study were based on respondents assessments of the current situation. Moilanen and
Salminen infer that according to the data, the real-life situation constantly lags behind
the official situation (Moilanen & Salminen 2006).
A number of other studies have been carried out to further elucidate values
embedded in administrative practices in the three Baltic States. In 2005 in Estonia, the
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State Chancellery initiated an extensive survey on roles, attitudes and values in the
Estonian public service. It was carried out by the Estonian Institute of Humanities,
Tallinn University and the research company Faktum. Altogether, 960 questionnaires
were received from civil servants at all levels and types of service, that is,
approximately 3.3% of all Estonian civil servants (Lagerspetz et al. 2006). In
November 2009, a repeat survey questionnaire was sent out.
In Latvia, KNAB commissioned a survey of public officials in 2006. In it, some
aspects of ethics-related issues were monitored. From 63,115 officials who submitted
their income declarations for 2004, 1,000 respondents were chosen for that survey.
The majority of the respondents (75%) mentioned that it is very important for public
officials to follow ethical principles (KNAB 2006, p.6).
The Management Training Centre of Kaunas University polled Lithuanian civil
servants in 2002 and 2004 on the question of civil service ethics. While the results are
not representative, they allow some insights to be made (Palidauskaite 2006). In
general, observance of ethics principles was assessed as follows: on a 10-point scale
the average assessment in Estonian public service organizations was 5.75. In Latvia,
the assessment was 7.9, while in Lithuania in 2004 it was 5.92. The reflected data are
not fully comparable but give us a starting point for perceiving average attitudes
toward the ethical situation. The answers seem to suggest that Latvian civil servants
evaluated the current situation higher than did those in neighboring countries. One
explanation could be that in Estonia and Lithuania civil servants are under greater
scrutiny from media and citizens. Media exposure of ethical problems in civil service
influences opinions. In addition, differences in tolerating corrupt behavior in each of
the three countries argue that a special survey is needed.
In Estonian civil service, it is commonly accepted that there are higher moral
demands on civil servants. According to the survey, 79% of civil servants agree or
strongly agree with the statement that there are higher moral demands in public
service than in private or business life (Table 8). Thus, there is good reason to believe
that the civil service as a professional body with its own values and ethics norms has
come into being. Being a civil servant is not only a job. It is also perceived as a
comprehensive role that can be identified as an ideology of the vocation of civil
servant (Lagerspetz et al. 2006, p. 5). The study revealed that servants discussing
CIVIL SERVICE ETHICS IN ESTONIA, LATVIA AND LITHUANIA 63

ethical issues do not really classify them as ethical; rather, they see them as issues
arising from the nature of their work and also as manifestations of the uncertain
situation in Estonian society in general.
The questionnaire listed a set of values widely recognized in public service in
democratic countries that are also mentioned in the Estonian civil service code of
ethics. They all were considered as very important or important in civil service. In the
context of New Public Management practice, it is common practice to divide civil
service values into two groups: traditional public administration and new businesslike
values (Van der Wal 2008; Van der Wal & De Graaf 2006/2007, p. 47; Van der Wal &
Huberts 2008). The survey revealed an interesting tendency in value-orientation in
the Estonian civil service. According to the survey, the most important values are
competency, honesty and lawfulness. In the scholarly literature these values are
defined as traditional public administration values. In reaching objectives, indepen-
dence and efficiency, which indicate a new businesslike understanding of public
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administration (Bossaert & Demmke 2005, p. 54; Samier 2005, p. 78), are less
valued. Although Estonian civil service is declared to be an open, modern NPM
system, actual civil service values tend to be more intrinsic to the classic
understanding of public administration. Negative values were not surveyed in Estonia.
In the Lithuanian survey, questions about the guiding values of Lithuanian civil
servants were included (Table 9). Palidauskaite (2006, p.18) points out that according
to survey results Lithuanian civil servants are becoming more competent, responsible,
objective and predictable. In 2004 more respondents emphasized the positive values
guiding public life.
In Latvia 58% of respondents considered the observance of ethical principles,
such as integrity, respect for law, justice and responsibility, as very important; 33%, as

TABLE 8 Moral demands in public, private and business sector in Estonia (%)

Fully agree Probably agree

Higher moral demands to public servants 41 38


Same moral demands in public, private and business life 10 11

TABLE 9 Guiding values for Lithuanian public servants 20022004

2002 2004

Irresponsibility 49 Competence 48
Political loyalty 49 Political loyalty 49
Personal sympathies 39 Personal sympathies 37
Pursuit of personal welfare 33 Pursuit of personal welfare 32
Competence 28 Irresponsibility 31
Lack of initiative 27 Lack of initiative 28
Subjectivity 27 Responsibility 21
Incompetence 25 Serving public interests 17
Unpredictability 25 Lack of transparency 16
64 JOURNAL OF BALTIC STUDIES

rather important (KNAB 2006, p. 44). In summary, we can say that all three Baltic
States have a legal and codified framework for civil service values but special attention
should be paid to the implementation of these values.

Citizens attitudes toward civil service


Traditionally citizens trust is considered to be one of main objectives of public service
and a key indicator of its good functioning. The estimated level of trust in institutions
indicates regime legacy (Listhaug & Wilberg 1998, p. 299). According to the data
from the 1999 World Values Survey,20 trust in civil service in the Baltic States was not
very high. In Lithuania during 19971999 it dropped from 35 to 18.6% (Vaidelyte &
Zvaliauskas 2007, p. 297). The low level of trust in public institutions had many
reasons economic, social and political. On one hand, the euphoria of having ones
own state had faded. On the other, as Rose states, citizens in these new democracies,
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which are democratic in form but rather inefficient in public management issues, are
persistently dissatisfied with how democracy is being implemented in Eastern and
Central Europe (Rose 2002, p. 43).
In measuring trust in public institutions, opinion polls rarely include civil service
as such. In September 2002, a special survey was carried out by the Lithuanian Free
Market Institute to determine the views of the society toward civil servants
(Palidauskaite 2006). Respondents had the opportunity to evaluate the performance of
civil servants. While 31.9% of respondents were satisfied with performance levels,
43.3% expressed the opposite view. Of the respondents, 46% described the ethical
norms of politicians and civil servants as satisfactory, 41% as unsatisfactory, and 10%
expressed a rather strong opinion that the norms are not followed at all.
In Estonia, in 2005 the State Chancellery initiated a program of periodic
monitoring of citizens opinions of public service. According to the information on
the Estonian Public Service web page,21 while 60% of respondents thought that civil
servants are trustworthy, by 2006 the percentage had dropped to only 47%. In 2008,
it was 49%. In 2005, 67% of respondents considered civil servants professional; in
2006, the rate had decreased to 54% and in 2008 had risen to 60%. Rather smaller
changes were observed when evaluating the politeness and attentiveness of civil
servants (73% in 2005, 65% in 2006 and 68% in 2008). Decreased satisfaction might
be explained by the influence on ordinary citizens of several scandals involving public
officials in 2006.
Hardin maintains that the decision to trust public service is influenced by belief in
its competence and benevolence (2000, p. 36). Mishler and Rose affirm that a
negative image of civil service (associated with bureaucracy, corruption, ignorance of
public interests, etc. that was widely spread in the totalitarian regime) is a relic of the
Soviet era. Similar attitudes influence lack of trust in public institutions and laws,
political alienation and cynical attitudes towards public service (Mishler & Rose 1997,
p. 420).
Public trust can be increased with information about achievements in
anticorruption activities. Table 10 displays the corruption perception index (CPI)
and country rank in the Baltic States.
CIVIL SERVICE ETHICS IN ESTONIA, LATVIA AND LITHUANIA 65

In the Transparency International CPI surveys, Estonia has been in the highest
position for the last nine years among the three Baltic States. The country rankings
have been rather stable (with exceptions in 2003, 2006 and 2007) but the CPI score
has risen by 1.0 point. In Latvia the appraisal has been 2.3 points, which is twice that
of the neighboring countries. During the last nine years the ranking of Latvia has
improved by 19 positions. The Lithuanian CPI score since 2002 has been more or less
stable, which is interpreted as a consequence of a rather weak fight against corruption.
This fact returns our attention to the above-mentioned information. Core civil
service values are fully recognized in official Estonian, Latvian and Lithuanian
documents but there may be practical problems with their implementation in everyday
activities. This difference suggests that the interdependency between the quality of
official documents on ethical principles and non-compromised (not corrupt) behavior
might not be straightforward. Instead, trust in public service derives from the actual
activities of public institutions their behavior (Newton & Norris 2000, p. 61).
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An intriguing question connected to civil service and citizens is the problem of


public interest. All civil servants and all agencies are required to provide state services
in a unified manner with respect to a common understanding of public interest. The
Estonian Public Service Code of Ethics Statement 4 states that public authority shall
be exercised solely in the public interest. But there is no common understanding of
how, who or what should express the public interest. Table 11 illustrates how
differently Estonian civil servants understand public interest within one service.
References to laws and norms give witness to the traditions of legal positivism more
typical of Weberian tradition than of NPM ideas. Public opinion is considered to be a
source of public interest only as a fourth option.
Monitoring values within civil service and in society in general is connected to a
better understanding of the realities of civil service. Monitoring assists in mapping
needs for further developments in the field of ethics and integrity. Increased
monitoring of public attitudes shows rising levels of interest towards citizens opinions
and expectations of civil service.

Improving ethics in civil service


How to guarantee ethical civil service can be found in the answers to Estonian and
Lithuanian surveys. Furthermore, methods proposed by Estonian respondents also

TABLE 10 Corruption Perception Index in Baltic States, year 19982009

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Estonia Country rank 26 27 27 28 29 33 31 27 24 27 27 27


CPI Score 5.7 5.7 5.7 5.6 5.6 5.5 6.0 6.4 6.7 6.6 6.6 6.6
Latvia Country rank 71 58 57 59 52 57 57 51 49 52 52 56
CPI Score 2.7 3.4 3.4 3.4 3.7 3.8 4.0 4.2 4.7 5.0 5.0 4.5
Lithuania Country rank * 50 43 38 36 41 44 44 46 58 58 52
CPI Score * 3.8 4.1 4.8 4.8 4.7 4.6 4.8 4.8 4.6 4.6 4.9

Note: *Survey was not conducted.


Source: Transparency International. Available at: www.transparency.org (accessed 6 August 2009).
66 JOURNAL OF BALTIC STUDIES

TABLE 11 Expression of public interest according to the Estonian civil servants (%)

Laws Political will of Decisions based Personal


and elected politicians on expert Public consciousness,
norms and political parties knowledge opinion morals

Mainly in these 59 6 23 13 35
To a certain extent 32 34 48 51 49
in these
To a small extent 4 29 17 23 9
Not at all 1 24 5 9 3
Cant say 3 7 7 4 4

indicate their attitudes to ethics culture in organizations, in the public sector and in
society in general (Table 12). The solutions proposed for Estonian civil service include
ethical leadership and an improvement of the political and administrative culture. Such
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proposals point to a perceived weakness in the external conditions of ethics


infrastructure (OECD 1998). Redrafting of existing laws was considered a preferable
means for improvement compared to establishing independent ethics commissions for
the purposes of counseling.
Lithuanian civil servants identified the same kinds of problems (2004) but the
main emphasis was on increasing personal responsibility (69%), strengthening
organizational culture (50%), introducing regular training (38%), implementing
anticorruption strategies (30%) and raising salaries (17%). For Estonian civil servants,
raising salaries emerged as a quite important tool for improving ethics (76%,
Table 12). The Lithuanian survey assigned an important role for raising integrity to
improved legislation (37%), whereas only 8% of Estonian civil servants considered
legislation an effective tool.
Monitoring citizens opinions constitutes another source of input for improving
the ethics climate in civil service. Respondents to a survey conducted by the
Lithuanian Free Market Institute (2002) were asked to identify the personal qualities
necessary for public officials. While their responses indicated that all qualities were
considered as fairly important, the most valued were fairness, honesty, commitment,
respect of laws and execution of legal powers (4.84.82 points). Other important
qualities included respect for people and disinterestedness (in serving public interests)
(4.72 points). The absolute majority of Lithuanian citizens agreed that stronger rules
should also be applied to the private life of public officials (i.e. outside the framework
of their duties). While 43% of respondents believed that stricter norms should be
applied everywhere and always, 36% stated that rules should be tighter in public
places (Palidauskaite 2006).

Conclusions
By comparing statistical data, models of civil service, constitutional provisions and the
legislative frameworks in the three Baltic countries, the authors found common and
contrasting features in civil service. This comparison led to the conclusion that the
Estonian and Latvian civil service reform agenda has been inspired by a combination of
CIVIL SERVICE ETHICS IN ESTONIA, LATVIA AND LITHUANIA 67

TABLE 12 Estonian civil servants attitudes on how to raise integrity in civil service (%)

Mainly That to a That to a That not Cant


that certain extent small extent at all say

Role model of the leaders 61 34 4 1


Improvement of political 54 37 5 1 3
culture
Improvement of administra- 43 45 6 1 5
tive culture
Transparent HRM policy 34 49 13 2 3
Higher salary 33 43 17 6 2
Raising ethical awareness in 29 50 15 2 4
society
Improvement of working 23 41 25 8 3
conditions
Stronger official supervision 21 51 20 3 5
on ethics in civil service
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Stronger public supervision 21 53 18 3 5


on ethics in civil service
Trainings of ethics for civil 20 51 22 3 4
servants
Toolkits, common norms of 18 44 27 6 4
ethics
Better quality of instructions 16 46 27 8 3
in office
Codes of ethics for 15 44 28 7 6
institutions
Independent ethics commis- 9 34 32 11 13
sion for counseling
Remaking laws 8 40 33 10 9
Other 9 6 5 2 79

Weberian bureaucracy and New Public Management ideas. In Lithuania the ideal has
been a Weberian merit-based civil service system. These orientations strongly
influenced the civil service model that each country developed. All three civil service
systems are open meaning that every citizen of each country can apply for public
service once he or she satisfies the formal requirements set by legislation. Estonia has
a position-based system, while Lithuania and Latvia have systems mixed with elements
of a career-based system.
While none of the constitutions of the three Baltic countries includes separate
chapters defining the guidelines for civil service, several common principles for
regulating civil servants can be identified, such as political neutrality, lawfulness and
proportionality. In addition, all three countries have Codes of Ethics and have
established institutional frameworks to oversee ethical issues directly and indirectly. All
three have ombudsman-type institutions, which monitor the implementation of good
governance and ethical conduct. Besides the ombudsmen, two of the Baltic countries
Latvia and Lithuania have anticorruption agencies with a wide spectrum of functions.
Nevertheless, no institutional framework can function perfectly without a set of
values expressed in laws, norms and codes of ethics and without the adherence of civil
servants to these values. Such values as rule of law, impartiality, transparency,
68 JOURNAL OF BALTIC STUDIES

professionalism and accountability are most frequently mentioned in the documents of


the Baltic States. In practice, civil servants in Estonia and Lithuania are under greater
scrutiny by the media and citizens than those in Latvia, which means that the media
expose ethical problems in civil service and influence opinions and perceptions.
The majority of the population in the three Baltic States expresses rather low trust
in civil service. In other words, citizens notice when the activities of civil servants
differ from the standards set by the legislation and codes of ethics. Corruption,
unethical conduct and maladministration are the most common realities faced by
citizens. The only way to increase public trust is to provide more information on
anticorruption achievements and to seek transparency, efficiency and effectiveness in
delivering services to various societal groups. A comparative and chronological
approach enabled us to analyze the situation in these three transitional societies, but
our work also points to the need for more research and opens up prospects for more
extensive comparative surveys in the future.
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Notes
1 For example, the first Estonian Republic State Service Act, adopted on 18
December 1924, was strongly influenced by the tsarist Russian Service Act.
2 The Soviet period definitely had a stronger influence on the current ethical systems
in all three societies.
3 This was pointed out in assessing 2003 Estonian, Latvian and Lithuanian public
services and their administrative framework.
4 Disciplinary investigations of ethical wrongdoings are rare because these cases are
hard to defend in court.
5 In the law some principles are mentioned several times, for example, rule of law,
principle of lawful bases, and the principle of priority of law. When summarized
without repetition there are eight.
6 Legal Chancellor of Estonia. Available at: http://www.oiguskantsler.ee/?
menuID51 (accessed 20 April 2007).
7 Annual Report of the Chancellor of Justice 2005, 2006, p. 152. Available at: http://
www.oiguskantsler.ee/.files/183.pdf (accessed 12 November 2009).
8 Annual Report of the Chancellor of Justice 2008, 2009, p. 84. Available at: http://
www.oiguskantsler.ee/public/resources/editor/File/Aasta_2008__levaade_.pdf
(accessed 12 November 2009).
9 Tiesbsargs. Tiesbsarga gada zinojums 2008. Rga, 2009, p. 59. Available at: http://www.
tiesibsargs.lv/lat/publikacijas/gada_zinojumi/?doc596 (accessed 14 November
2009).
10 Seimas Ombudsmen of the Republic of Lithuania. Annual Report of 2005, p.5. Available
at: http://www.lrski.lt/files/206.pdf (accessed 19 April 2007).
11 KNAB. Corruption Prevention and Combating Bureau. Public Report 2005. Available
at: http://www.knab.gov.lv/uploads/eng/public_report_2005.pdf (accessed 11
November 2009).
12 Special Investigation Service. Statistics: Detection and Investigation of Corruption Related
Crimes. Available at: http://www.stt.lt/?langen&menu_id1&sub_id0
(accessed 22 April 2007).
CIVIL SERVICE ETHICS IN ESTONIA, LATVIA AND LITHUANIA 69

13 Lietuvos Respublikos Specialiuju tyrimu tarnybos 2008 n metu veiklos analize. Available
at: http://www.stt.lt/documents/2008_veiklos_atsakaita.pdf (accessed 16
November 2009).
14 Functions, Units and Scope of the State Chancellery. Available at: http://
www.riigikantselei.ee/?id670 (accessed 20 April 2007).
15 Chief Commission on Professional Ethics. Lithuania. Available at: http://www.vtek.lt/
enver.html (accessed 22 October 2009).
16 The Security Police Board. Estonia. Available at: http://www.kapo.ee/eng_
index.html (accessed 17 November 2009).
17 According to a new draft law which passed the first reading in the Estonian
parliament in September 2009, the code of ethics is no longer an amendment to
the Public Service Act. Regulations of ethical questions in public service, e.g.
acceptance of a new code, are forwarded to the Public Service Ethics Council.
18 Government of the Republic of Lithuania Resolution No. 968 On the Approval of
the Code of Conduct of Civil Servants, 24 June 2002.
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19 Treaty Establishing a Constitution for Europe (2004). Part I, Title I, Art. 12.
Official Journal of the European Union, C 310, 47 (16 December 2004). Available at
http://eur-lex.europa.eu/JOHtml.do?uriOJ:C:2004:310:SOM:EN:HTML
(accessed 12 November 2009).
20 World Values Survey 1999. Available at http://www.worldvaluessurvey.org/
(accessed 19 January 2006).
21 Estonian Public Service webpage. Available at http://www.avalikteenistus.ee/
uuringud (accessed 12 November 2009).

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Jolanta Palidauskaite is researching ethics in public administration and public


service in Lithuania and in Eastern and Central European countries. Public service
motivation in Lithuania is another sphere of interest. (jolanta.palidauskaite@ktu.lt)

Aive Pevkur is an Advisor in the State Chancellery of the Republic of Estonia


(development of public service ethics) and a PhD student (University of Tartu,
Department of Philosophy). Her research interests are values, practical ethics and
professional ethics in the public sphere. (aive.pevkur@ut.ee)

Iveta Reinholde is researching public administration reform and public management


issues in Latvia. Her research interests focus on policy transfer, governance and EU
impact on national public administration. (iveta.reinholde@lu.lv)

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