Discuții cu privire la incompatibilitățile aplicabile funcționarilor publici pe durata suspendării raporturilor de serviciu

Incompatibility and conflict of interest of public servant are often confused in the mind of public opinion. If the ethical aspects are more obvious in first case, because they concern the public servant when, by virtue of the position he holds, he is to take a decision or participate in the taking of a decision regarding which he has a personal interest, in the second case, they may appear as non-existent because they strictly aim at prohibiting the occupation, in certain situations, of several functions at the same time. A current issue of the judicial practice is the implementation of the public servants’ incompatibilities during the suspension of their employment relationship. Our paper analyzes the existence and the causes of a non-unitary judicial practice, anticipating the possible problems under the current legislation and formulates proposals for its improvement. These would allow to avoid in the future the non-unitary administrative and judicial practice regarding the incompatibilities of public servant whose service report has been suspended, but also to adapt the behavior of the recipients of the law in order to prevent any possible situations of incompatibility, which would also cover ethical aspects of these situations.