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