Standarde de integritate privind funcţionarii publici. Regimul juridic al conflictelor de interese și al incompatibilităţilor

Abstract

The article analyses the public servant’s incompatibilities and conflicts of interests’ legal framework from the constitutional jurisprudence and the High Court of Cassation and Justice jurisprudence’s approach. In the same time, the study refers to the recent findings of the CVM Report on Romania (2016) related to the relative inefficiency of anticorruption public policies and strategies at the level of local public administration. In this respect, the study investigates the strategic objectives of the recent National Anticorruption Strategy (2016–2020) emphasizing the need of raising integrity standards at the level of local public administration, in conditions of strengthening the processes and instruments of anticorruption prevention and education. Also, the article highlights the risks of repeated amendments brought by the Parliament towards the legal framework of integrity, translated into instability and precariousness of protection instruments of public officials’ mandates.

Keywords

• incompatibility, conflict of interest, anticorruption policy, local public administration