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Law No. 477 Of 8 November 2004 On The Code Of Conduct For Contractual Staff Of Public Authorities And Institutions

Original Language Title:  LEGE nr. 477 din 8 noiembrie 2004 privind Codul de conduită a personalului contractual din autorităţile şi instituţiile publice

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LEGE no. 477 477 of 8 November 2004 on the Code of Conduct of contractual staff in public authorities and institutions
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 1.105 1.105 of 26 November 2004



As facts were identified generating lack of public integrity among the advisers assigned to the dignitary's office and also identified the need for other staff to benefit from the provisions of the law. Law no. 7/2004 on the Code of Conduct of Civil Servants, as a framework law for the staff of public authorities and institutions, taking into account that the application Law no. 188/1999 on the Statute of civil servants, republished, as amended, had as its object only the powers provided for in art. 2 2 para. (3) and as, implicitly or expressly, by the provisions of art. 6, the staff responsible for the management of fixed assets and inventory within the administrative departments shall also have duties as members in the selection committees in public procurement, in accordance with the provisions of Recommendation no. 10/2000 10/2000 of the Council of Ministers of the Council of Europe, The Romanian Parliament adopts this law + Chapter I Scope and general principles + Article 1 Scope of application (1) The code of conduct of personnel from public authorities and institutions, hereinafter referred to as code of conduct, regulates the rules of professional conduct of contract staff. ((2) The rules of professional conduct provided for by this Code of Conduct are binding on the contractual staff of the public authorities and institutions, Law no. 53/2003 -Labor Code, as amended, except for persons elected or politically appointed. + Article 2 Objectives The objectives of this Code of Conduct aim to ensure the increase of the quality of public service, a good administration in the realization of the public interest, as well as the elimination of bureaucracy and corruption in public administration, by a) regulation of the rules of professional conduct necessary to carry out social and professional relations corresponding to the creation and maintenance of the prestige of the public institution and of the contractual staff; b) informing the public about the professional conduct to which it is entitled to expect from the contractual staff in the exercise of the function; c) creating a climate of trust and mutual respect between citizens and contract staff in public administration, on the one hand, and between citizens and public administration authorities, on the other. + Article 3 General principles The principles governing the professional conduct of contract staff are as follows: a) the priority of the public interest-principle according to which the contractual staff have the duty to consider the public interest above the personal interest, in the exercise of their duties; b) ensuring equal treatment of citizens in front of public authorities and institutions-a principle according to which contractual staff have the duty to apply the same legal regime in identical or similar situations; c) professionalism-principle according to which the contractual staff have the obligation to perform the duties of service with responsibility, competence, efficiency, correctness and conscientiousness; d) impartiality and non-discrimination-principle according to which contractual employees are obliged to have an objective, neutral attitude towards any political, economic, religious or other interest, in the exercise of their duties; e) moral integrity-principle according to which contract staff are prohibited from soliciting or accepting, directly or indirectly, for him or for another, any advantage or moral or material benefit; f) freedom of thought and expression-principle according to which the contractual staff can express and substantiate their opinions, in compliance with the rule of law and good morals; g) honesty and correctness-principle according to which, in the exercise of office and in the performance of duties, the contractual staff must be of good faith and act for the compliant performance of their duties; h) openness and transparency-principle that the activities carried out by contractual employees in the performance of their duties are public and may be subject to the monitoring of citizens. + Article 4 Terms Within the meaning of the present law, the expressions and terms below have the following meanings: a) contract staff or contract staff-person appointed to a position in public authorities and institutions under the conditions Law no. 53/2003 ,, as amended; b) function-all tasks and responsibilities established by the public authority or institution, under the law, in the job description; c) public interest-that interest that involves the guarantee and respect by the public institutions and authorities of the rights, freedoms and legitimate interests of citizens, recognized by the Constitution, domestic law and treaties international to which Romania is a party, as well as the performance of duties, in compliance with the principles of efficiency, effectiveness and economy of spending resources; d) personal interest-any material or other advantage, pursued or obtained, directly or indirectly, for itself or for others, by the contractual staff by using reputation, influence, facilities, relations, information to which it has access, following the performance of the duties of the function e) conflict of interest-that situation or circumstance in which the personal interest, directly or indirectly, of the contractual employee is contrary to the public interest, so that it affects or could affect its independence and impartiality in taking decisions or the timely and objectified performance of the duties incumbent upon him in the exercise of his or her position; f) information of public interest-any information that concerns its activities resulting from the activities of a public authority or public institutions, regardless of its support; g) information on personal data-any information on an identified or identifiable person. + Chapter II General rules of professional conduct of contract staff + Article 5 Ensuring a quality public service (1) Contract staff are required to provide a public service of quality for the benefit of citizens, through active participation in decision-making and their transposition into practice, in order to achieve the powers of the authorities and the public institutions, within the limits of the tasks set out in the (2) In the exercise of the function the contractual staff are required to have professional conduct, as well as to ensure, under the law, administrative transparency, to win and maintain public confidence in the integrity, impartiality and effectiveness of public authorities and institutions. + Article 6 Respect for the Constitution and laws (1) Contractual employees have the obligation, by their acts and deeds, to respect the Constitution, the laws of the country and to act for the implementation of the legal provisions, in accordance with their duties, in compliance with the ethics professional. (2) The contractual staff must comply with the legal provisions regarding the restriction of the exercise of certain rights, due to the nature of the functions + Article 7 Loyalty to public authorities and institutions (1) The contractual staff are obliged to defend with loyalty the prestige of the public authority or institution in which they operate, as well as to refrain from any act or fact that may cause damage to the image or interests Its legal. (2) Contractual employees are prohibited: a) to express in public non-conforming assessments with the reality in relation to the activity of the public authority or institution in which it operates, with its policies and strategies or with the draft normative acts or individually; b) to make assessments in relation to disputes pending and in which the public authority or institution in which it operates has the status of a party, if there are no skills in this respect; c) to disclose information that is not of a public nature, under conditions other than those provided by law; d) disclose the information to which they have access to the exercise of the office, if such disclosure is likely to attract undue advantages or to damage the image or rights of the institution or of civil servants or contract employees, as well as of natural or legal persons; e) to provide assistance and advice to natural or legal persons, in order to promote legal or other legal actions against the state or authority or to the public institution in which it operates. (3) The provisions of par. ((2) lit. a)-d) shall also apply after the termination of the employment relationship, for a period of 2 years, if the provisions of special laws do not provide for other deadlines. (4) The provisions of this Code of Conduct cannot be construed as a derogation from the legal obligation of the contractual staff to provide information of public interest to those interested, under the law. + Article 8 freedom of opinion (1) In the performance of duties, the contractual employees are obliged to respect the dignity of the position held, linking the freedom of dialogue with the promotion of the interests of the public authority or institution in which they operate (2) In their activity contract employees have the obligation to respect the freedom of opinions and not to be influenced by personal considerations. (3) In expressing opinions, contract staff must have a conciliatory attitude and avoid generating conflicts due to the exchange of views. + Article 9 Public activity (1) Relations with the means of mass information shall be ensured by the persons designated in this regard by the head of the public authority or institution, under the law. (2) Contractual employees appointed to participate in public activities or debates, as official, must respect the limits of the mandate of representation entrusted by the head of the authority or public institution in which they carry out the activity or mandate given by the dignitary in whose cabinet they are assigned. (3) If they are not designated in this regard, contract employees may participate in public activities or debates, having the obligation to make known that the opinion expressed does not represent the official point of view of the authority or the public institution in which it operates. + Article 10 Political activity In the exercise of their duties, contract staff shall be prohibited: a) participate in the collection of funds for the activity of political parties; b) provide logistical support to candidates for public dignity functions; c) to collaborate, both within the service relations and outside them, with the natural or legal persons who make donations or sponsorships to political parties; d) to display within the public authorities or institutions means or objects inscribed with the logo or the name of political parties or their candidates. + Article 11 Using own image In consideration of the position he holds, the contractual staff are required not to allow the use of their own name or image in advertising actions to promote a commercial activity, as well as for electoral purposes. + Article 12 Relationships in the performance of duties (1) In relations with contract staff and civil servants within the public authority or institution in which they operate, as well as with natural or legal persons, contract employees are obliged to have a based on respect, good faith, fairness and kindness. (2) The contractual staff shall be obliged not to prejudice the honour, reputation and dignity of persons within the public authority or institution in which they operate, as well as of the persons with whom they relate to exercise of function, by: a) the use of offensive expressions; b) disclosure of aspects of privacy; c) formulating referrals or slanderous complaints. (3) The contractual staff must adopt an impartial and justified attitude for the clear and effective resolution of citizens ' problems. Contract staff are required to respect the principle of equality of citizens before the law and public authority, by: a) the promotion of coherent solutions, according to the principle of non-differentiated treatment, reported in the same category of factual situations; b) the elimination of any form of discrimination based on issues regarding nationality, religious and political beliefs, material condition, health, age, gender or other aspects. + Article 13 Conduct in international relations (1) The contractual staff representing the public authority or institution in international organisations, educational institutions, conferences, seminars and other activities of an international nature are required to promote an image favourable to the country and to the public authority or institution it represents. (2) In relations with representatives of other states, contractual employees have the obligation not to express personal opinions on national issues or international disputes. (3) In trips outside the country, the contractual staff shall be obliged to have a conduct corresponding to the protocol rules and to respect the laws and customs of the host country. + Article 14 Prohibition on the acceptance of gifts, services and advantages Contract employees must not require or accept gifts, services, favors, invitations or any other advantage, which are intended for them personally, family, parents, friends or persons with whom they have had business or nature relationships. the policy, which may influence their impartiality in the exercise of their public functions or may constitute a reward in relation to these functions. + Article 15 Participation in the decision-making process (1) In the decision-making process, the contractual employees have the obligation to act according to the legal provisions and to exercise their capacity of appreciation in a substantiated and impartial manner. (2) Contractual employees are required not to promise a decision by the public authority or institution, by other public officials, as well as the performance of their duties in a privileged manner. + Article 16 Objectivity in evaluation (1) In the exercise of the duties specific to the management positions, the contractual employees are required to ensure equal opportunities and treatment with regard to the career development for the subordinate contract staff. (2) The management contract staff shall have the obligation to examine and objectively apply the criteria for the assessment of professional competence for subordinate personnel, when proposing or approving advances, promotions, transfers, appointments or releases from functions or the granting of material or moral incentives, excluding any form of favoritism or discrimination. (3) The management contract staff has the obligation not to favour or disadvantage the access or promotion to the contractual functions on discriminatory, kinship, affinity or other criteria not in accordance with the principles provided in art. 3. + Article 17 Misuse of duties of the position held (1) The contractual staff shall be obliged not to use the duties of the office held for purposes other than those provided by law. (2) Through the activity of decision-making, counseling, evaluation or participation in investigations or control actions, the contract staff cannot pursue the obtaining of benefits or advantages in the personal interest or the production of damage material or moral to other people. (3) Contractual employees have the obligation not to intervene or influence any investigation of any nature, within or outside the institution, in consideration of the function they hold. (4) Contractual employees have the obligation not to require other contract employees or civil servants to register in organizations or associations, regardless of their nature, or not to suggest them to them, promising them to grant advantages. materials or professional. + Article 18 Using public resources (1) The contractual staff shall be obliged to ensure the protection of the public and private property of the state and of the administrative-territorial units, to avoid the occurrence of any damage, acting in any situation as a good owner. (2) The contractual staff are required to use the working time, as well as the goods belonging to the public authority or institution only for carrying out the activities related to the (3) The contractual staff must propose and ensure, according to their duties, the useful and effective use of public money, in accordance with the legal provisions. (4) The contract staff who carry out publishing activities for personal interest or teaching activities shall be prohibited from using the working time or logistics of the public authority or institution for their realization. + Article 19 Limitation of participation in acquisitions, concessions or rentals (1) Any contractual employee may acquire a good in the private property of the state or administrative-territorial units, subject to sale under the law, except for the following cases: a) when he became aware, in the course or as a result of the performance of his duties, about the value or quality of the goods to be sold; b) when he participated, in the performance of his duties, in organizing the sale of that good; c) when it can influence sales operations or when it has obtained information that people interested in buying the good have not had access to. (2) Provisions of para. ((1) shall also apply accordingly to the concession or lease of a property in the public or private property of the state or administrative-territorial units. (3) Contractual employees are prohibited from providing information on public or private property of the state or administrative-territorial units, subject to sales, concession or lease operations, in other conditions than those provided by law. (4) The provisions of par. ((1)-(3) shall also apply in the case of transactions through the interposed or in the event of conflict of interest. + Chapter III Coordination and enforcement of the rules of professional conduct for contract staff + Article 20 The role of the Ministry of Administration and Interior, Ministry of Foreign Affairs and National Control Authority (1) The Ministry of Administration and Interior shall coordinate and control the application of the rules provided by this Code of Conduct, exercising the following tasks: a) pursues the application and observance within public authorities and institutions of the provisions of this Code of Conduct b) settle petitions and complaints received regarding the violation of the provisions of this Code of Conduct or transmit them to the competent body, according to the law; c) formulates recommendations to resolve the cases with which it was notified; d) develop studies and research on compliance with the provisions of this Code of Conduct e) collaborates with non-governmental organizations aimed at promoting and defending the legitimate interests of citizens in relation to public administration personnel, with the exception of public officials. (2) By its activity the Ministry of Administration and Interior cannot influence the conduct of the disciplinary procedure within the public authorities and institutions, carried out in accordance with the provisions Law no. 53/2003 ,, as amended. (3) For the contractual, diplomatic and auxiliary staff, within the internal and external apparatus of the Ministry of Foreign Affairs, this ministry shall apply the provisions of par. ((1) and (2). (4) For the contractual staff of the authorities and institutions of the central public administration and the autonomous public administration, except for the prefectures, the National Control Authority shall apply the provisions of par. ((1) and (2). + Article 21 Referral (1) The Ministry of Administration and Interior, the Ministry of Foreign Affairs and the National Control Authority may be notified by any person of: a) violation of the provisions of this Code of Conduct by contractual employees; b) the coercion or threat exerted on the contractual employee in order to induce him to violate the legal provisions in force or to apply them improperly. (2) The complaint referred to in par. (1) does not exclude the complaint of the competent disciplinary body, according to the law, within the public authorities and institutions. (3) Contract employees may not be sanctioned or harmed in any way for the good faith referral of competent disciplinary bodies, under the law. (4) The Ministry of Administration and Interior, the Ministry of Foreign Affairs and the National Control Authority will verify the documents and facts for which they were notified, in compliance with the confidentiality regarding the identity of the person who made referral. ((5) The referrals submitted to the Ministry of Administration and Interior, the Ministry of Foreign Affairs and the National Control Authority will be centralized in a database at the Ministry of Administration and Interior, necessary for: a) identification of causes that determine the violation of the rules of professional b) identification of ways to prevent violations of the rules of professional conduct; c) adoption of measures on reducing and eliminating cases of non-compliance with legal provisions. + Article 22 Settlement of referral (1) The results of the activity of centralizing referrals or petitions shall be recorded in a report on the basis of which the Ministry of Administration and Interior, the Ministry of Foreign Affairs and the National Control Authority will make recommendations to the authority of the public administration or that institution in the budgetary sector on how to correct the deficiencies found. (2) The recommendations of the Ministry of Administration and Interior, the Ministry of Foreign Affairs and the National Control Authority will be communicated: a) the contractual employee or the person who made the referral; b) the contractual employee subject to the referral; c) the head of the public authority or institution in which the contractual employee who is the subject of the complaint operates. (3) Within 30 working days from the date of settlement, the public authorities and institutions shall have the obligation to communicate to the competent authorities in monitoring the implementation and application of this code of conduct, according to the provisions of art. 20, how to resolve the measures provided for in the Recommendation. ((4) If the head of the public authority or institution or his deputies is involved in the situation, the recommendation of the competent authorities in monitoring the implementation and application of this code of conduct will be transmitted and hierarchical structure superior to the institution or public authority or, as the case may be, the Prime Minister. + Article 23 Advertising of cases referred to (1) The annual report on the Standard of Conduct of Contract Staff, which shall be drawn up by the competent authorities in monitoring the implementation and application of this Code of Conduct, shall be presented to the Government and shall include, and the following: a) the number and subject of complaints regarding cases of violation of the rules of professional conduct; b) the categories and number of contract employees who have violated the rules of moral and professional conduct; c) the causes and consequences of non-compliance with the provisions of the d) highlighting the cases in which the contract staff were required to act under the pressure of the political factor; e) the proposed recommendations; f) public authorities or institutions that have not complied with the recommendations. ((. The competent authorities in monitoring the implementation and application of this Code of Conduct may submit in a detailed annual report some cases which are of particular interest to public opinion. (3) The report shall be published on the website of the authorities referred to in par. (1), and the publication shall be announced by a press agency. + Chapter IV Final provisions + Article 24 Liability (1) The violation of the provisions of this Code of Conduct attracts the disciplinary liability of the contractual personnel, under the law (2) The bodies with disciplinary powers have the competence to investigate the violation of the provisions of this Code of Conduct and to propose the application of disciplinary sanctions under the Law no. 53/2003 ,, as amended. (3) In cases where the acts committed meet the constituent elements of some crimes, the competent prosecution bodies will be notified under the law. (4) The contractual staff are responsible for the patrimonial, according to the law, in cases where, by the acts committed in violation of the norms of professional conduct, it damages the natural or legal persons. + Article 25 Harmonization of internal organization and functioning regulations Within 30 days of the entry into force of this law, the public authorities and institutions shall harmonize the internal organization and functioning regulations or the specific codes of conduct, according to the provisions of this Code of conduct, depending on their field of activity. + Article 26 Ensuring publicity In order to inform citizens public relations compartments within public authorities and institutions are required to ensure advertising and to display the code of conduct at the headquarters of public authorities or institutions, in a place visible. + Article 27 Entry into force This law shall enter into force 5 days from the date of publication in the Official Gazette of Romania, Part I. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. PRESIDENT OF THE HOUSE OF DEPUTA VALER DORNEANU SENATE PRESIDENT NICOLAE VaCaROIU Bucharest, November 8, 2004. No. 477. ------------