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Law No. 571 Of 14 December 2004 On Protection Of Personnel In Public Authorities, Public Institutions And Other Units Who Report Violations

Original Language Title:  LEGE nr. 571 din 14 decembrie 2004 privind protecţia personalului din autorităţile publice, instituţiile publice şi din alte unităţi care semnalează încălcări ale legii

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LEGE no. 571 571 of 14 December 2004 on the protection of personnel from public authorities, public institutions and other establishments signalling infringements of the law
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 1.214 1.214 of 17 December 2004



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law regulates some measures regarding the protection of persons who have complained or have noticed violations of the law within public authorities, public institutions and other units, committed by persons with management positions or of execution from the authorities, public institutions and other budgetary units provided for in art. 2. + Article 2 (1) The provisions of this law shall apply to public authorities and institutions within the central public administration, to the local public administration, to the apparatus of the Parliament, to the working apparatus of the Presidential Administration, of the Government, autonomous administrative authorities, public institutions of culture, education, health and social assistance, national companies, autonomous regions of national and local interest, as well as national companies with state capital. (2) The present law shall also apply to persons appointed on scientific and advisory boards, specialized commissions and other collegial bodies organized in the structure or in addition to the public authorities or institutions. + Article 3 Within the meaning of the present law, the following terms and expressions have the following meaning: a) warning in the public interest means the complaint made in good faith with regard to any act that involves a violation of the law, professional deontology or the principles of good administration, efficiency, effectiveness, economy and transparency; b) whistleblower means the person making a referral according to lit. a) and which is classified in one of the public authorities, public institutions or other units provided in art. 2 2; c) discipline commission means any body entrusted with disciplinary research attributions, provided by law or by the regulations for the organization and functioning of public authorities, public institutions or other units provided in art. 2. + Chapter II General principles + Article 4 The principles governing the protection of public interest warning are as follows: a) the principle of legality, according to which the public authorities, public institutions and other units provided in art. 2 have the obligation to respect the rights and freedoms of citizens, procedural norms, free competition and equal treatment of beneficiaries of public services, according to the law; b) the principle of the supremacy of the public interest, according to which, within the meaning of this law, the order of law, integrity, impartiality and efficiency of public authorities and public institutions, as well as of the other units provided 2 are protected and promoted by law; c) the principle of responsibility, according to which any person who signals violations of the law is obliged to support the complaint with data or indications regarding the act committed; d) the principle of abusive non-compliance, according to which persons who advertise or notify violations of the law cannot be sanctioned, directly or indirectly, by applying an unfair and more severe penalty for other disciplinary violations. In the case of warning in the public interest, the deontological or professional rules likely to prevent the warning in the public interest are not applicable; e) the principle of good administration, according to which public authorities, public institutions and other units provided for in art. 2 I am obliged to carry out its activity in the realization of the general interest, with a high degree of professionalism, in conditions of efficiency, effectiveness and economy of the use of resources; f) the principle of good conduct, according to which the act of warning in the public interest regarding aspects of public integrity and good administration is protected and encouraged, in order to increase the administrative capacity and prestige of the authorities public, public institutions and other units provided for in art. 2 2; g) the principle of equilibrium, according to which no person can rely on the provisions of this law to diminish the administrative or disciplinary sanction for a more serious act; h) the principle of good faith, according to which the person classified in a public authority, public institution or other budget unit among those provided in art. 2, which made a complaint, convinced by the reality of the state of affairs or that the act constitutes a violation of the law. + Chapter III Warning of acts of violation of the law + Article 5 Signage of acts of violation of the law by the persons mentioned in art. 1 and 2, provided by law as disciplinary violations, contraventions or crimes, constitute a warning in the public interest and concern: a) corruption offences, crimes assimilated to corruption offences, crimes in direct connection with corruption offences, offences of forgery and crimes of service or in connection with the service; b) offences against the financial interests of the European Communities; c) preferential or discriminatory practices or treatments in the exercise of the duties of the units referred to in 2 2; d) violation of provisions on incompatibilities and conflicts of interest; e) misuse of material or human resources; f) political partisanship in the exercise of the powers of the post, except for persons elected or politically appointed; g) violations of the law regarding access to information and decision-making transparency; h) violation of the legal provisions on public procurement and grants; i) incompetence or negligence in service; j) non-objective assessments of personnel in the recruitment, selection, promotion, demotion and dismissal process; k) violations of administrative procedures or the establishment of internal procedures with non-compliance; l) the issuance of administrative or other acts that serve group or clientelistic interests; m) maladministration or fraudulent administration of public and private patrimony of public authorities, public institutions and other units provided in art. 2 2; n) violation of other legal provisions that require compliance with the principle of good administration and that of protection of the public interest. + Article 6 Referral on violation of law or deontological and professional norms, according to art. 4 lit. h), can be made, alternatively or cumulatively: a) hierarchical head of the person who violated the legal provisions, according to art. 5 5; b) the head of the public authority, public institution or budget unit of which the person who violated the legal provisions belongs, according to art. 5, or in which illegal practice is reported, even if the perpetrator cannot be identified exactly; c) discipline commissions or other similar bodies within the public authority, public institution or unit referred to in art. 2, of which the person who broke the law belongs, according to art. 5 5; d) judicial bodies; e) the bodies responsible for finding and researching conflicts of interest and incompatibilities; f) parliamentary committees; g) mass media; h) professional, trade union or employers ' organizations; i) nongovernmental organizations. + Chapter IV Protection of civil servants, contract staff and other staff + Article 7 (. In the face of the discipline committee or other similar bodies, the whistleblowers shall receive protection as follows: a) whistleblowers in the public interest benefit from the presumption of good faith, under the conditions of art. 4 lit. h), until proven otherwise; b) at the request of the whistleblower investigated as a result of an act of warning, discipline commissions or other similar bodies within public authorities, public institutions or other units provided for in art. 2 have the obligation to invite the press and a representative of the trade union or association. The announcement shall be made by communiqué on the website of the public authority, public institution or budget unit, at least 3 working days before the meeting, under penalty of nullity of the report and of the disciplinary sanction applied. (2) In the event that the one complained about by warning in the public interest is hierarchical chief, directly or indirectly, or has powers of control, inspection and evaluation of the whistleblower, the discipline commission or other similar body will ensure the protection the whistleblower, hiding his identity. + Article 8 In the case of warnings in the public interest, provided in art. 5 lit. a) and b), the provisions will be applied ex officio art. 12 12 para. ((2) lit. a) of Law no. 682/2002 on witness protection. + Article 9 (1) In labour disputes or in relation to service relations, the court may order the cancellation of the disciplinary or administrative penalty imposed on a whistleblower, if the sanction was imposed as a result of a warning in the public interest, made in good faith. (2) The court verifies the proportionality of the sanction imposed on the whistleblower for disciplinary misconduct, by comparing with the practice of sanctioning or other similar cases within the same public authority, public institutions or establishments budgetary, in order to remove the possibility of further and indirect sanctioning of warning acts in the public interest, protected by this law. + Chapter V Transitional and final provisions + Article 10 This law, regarding the protection of whistleblowers in the public interest, is supplemented by the provisions of the Labor Code, as well as with Law no. 188/1999 on the Statute of civil servants, republished, as amended. + Article 11 Within 30 days from the entry into force of this law, public authorities, public institutions and other budgetary units provided for in art. 2 will agree their internal order regulations with its provisions. 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. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, December 14, 2004. No. 571. ---------