Conflict of interests' regulation on elected officials

Author:Marta-Claudia Cliza
Position:Associate professor PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (email: cliza_claudia@yahoo.ro).
Pages:79-87
LESIJ NO. XXIV, VOL. 1/2017
CONFLICT OF INTERESTS’ REGULATION ON ELECTED OFFIC IALS
Marta-Claudia CLIZA
Abstract
This article sheds an overview of the different perspectives that judicial courts grant regarding the
same concept, namely the conflict of interest in relation to the elected officials. We will also analyze
the ambiguous and contradictory interpretations that the Romanian legislation has to offer on the issue.
Keywords: conflict of interests, elected officials, local council, personal interests, patrimonial
interests.
1. Introduction
This study aims a short analysis of the
concept of conflict of interest in what
concerns local elected officials. We will take
into account the types of conflicts and the
expression of the interest, according to its
personal or patrimonial nature.
Furthermore, we will refer including to
the relevant case law of the co urts, in or der
to show the ways in which one can interpret
the law applicable to the concept of conflict
of interest.
The legislation applicable to local
elected officials who find themselves in the
situation of a conflict of interest is the
following: Law no. 215/2001
1
of the local
Associate professor PhD, Faculty of Law, “Nicolae Titulescu” University of Bucharest (email:
cliza_claudia@yahoo.ro).
1
Published in Official Journal no. 123 of February 20th, 2007, as further amended and supplemented.
2
on certain measures to ensure transparency in the exercise of publicly appointed offices, public functions and in
business environment, to prevent and sanction corruption, published in Official Journal no. 279 of April 21st, 2003,
as further amended and supplemented.
3
on the Status of local elected officials, published in Official Journal no. 912 of October 7th, 2004, as further
amended and supplemented.
4
Aspects which result not only from the content of the legislation, but also from the related recitals, material
available on the following internet address, in pdf format:
http://www.cdep.ro/proiecte/2004/400/80/4/em484.pdf, site consulted on March 10th, 2017.
5
See Verginia Vedinas, “Drept administrativ”, edition IX, revised and updated, Universul Juridic Publishing
House, Bucharest, 2015, p. 481 and the following: there are several types of liability of the local officials, namely:
administrative di sciplinary liability, administrative patrimonial liability and criminal liability. Furthermore,
several disciplinary sanctions for councilors were introduced by Law no. 393/2004, such as warning, removal from
the meeting, temporary exclusion from the works of the council and of the specialized commission, as well as the
withdrawal of the meeting allowance for a term between 1-2 months.
public administration, Law no. 161/2003
2
and Law no. 393/2004
3
.
The aforementioned normative acts
were adopted in order to establish the
general framework for corruption
preventing and co mbating, by establishing
special measures, of substantive and
procedural law, both in ter ms of
incompatibility and in terms of the concept
of conflict of interest
4
.
It is indisputable that persons who may
be in co nflict of interest or incompatibility
situation will have either to avoid such a
situation o r to undergo legal sanctions
5
.
Public interest shall always prevail,
therefore private interest of a person shall

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