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Law No. 7 Of 18 February 2004 (Republished) Code Of Conduct For Civil Servants *)

Original Language Title:  LEGE nr. 7 din 18 februarie 2004 (*republicată*) privind Codul de conduită a funcţionarilor publici*)

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LEGE no. 7 7 of 18 February 2004 (* republished *) on the Code of Conduct for civil servants *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 525 525 of 2 August 2007



---- Note * *) Republicated pursuant to art. II of Law no. 50/2007 to amend and supplement Law no. 7/2004 on the Code of Conduct of Public Servants, published in the Official Gazette of Romania, Part I, no. 194 of 21 March 2007, giving the texts a new numbering. Law no. 7/2004 on the Code of Conduct of Public Servants was published in the Official Gazette of Romania, Part I, no. 157 157 of 23 February 2004. + Chapter I Scope and general principles Scope of application + Article 1 (1) The Code of Conduct of Civil Servants, hereinafter referred to as Code of Conduct, regulates the rules of professional conduct of civil servants. (2) The rules of professional conduct provided for by this Code of Conduct are binding on public office holders and public institutions of the central and local public administration, as well as within the framework of the autonomous administrative authorities, hereinafter referred to as public authorities and institutions. Objectives + Article 2 The objectives of this Code of Conduct aim to ensure the increase of the quality of public service, good administration in the realization of the public interest, as well as contribute to the elimination of bureaucracy and corruption in the administration publish, by: a) regulation of the norms of professional conduct necessary to carry out social and professional relations corresponding to the creation and maintenance at high level of the prestige of the institution of public office and civil servants; b) informing the public about the professional conduct to which it is entitled to expect from civil servants in the exercise of public functions; c) creating a climate of trust and mutual respect between citizens and civil servants, on the one hand, and between citizens and public administration authorities, on the other. General principles + Article 3 The principles governing the professional conduct of civil servants are as follows: a) the supremacy of the Constitution and the law, a principle that civil servants have the duty to respect the Constitution and laws of the country; b) the priority of the public interest, a principle according to which civil servants have the duty to consider the public interest above personal interest, in the exercise of public office; c) ensuring equal treatment of citizens in front of public authorities and institutions, a principle according to which civil servants have the duty to apply the same legal regime in identical or similar situations; d) professionalism, principle according to which civil servants have the obligation to perform the duties of service with responsibility, competence, efficiency, correctness and conscientiousness; e) impartiality and independence, a principle according to which civil servants are obliged to have an objective, neutral attitude towards any political, economic, religious or other interest, in the exercise of public office; f) moral integrity, principle according to which civil servants are prohibited from soliciting or accepting, directly or indirectly, for them or for others, any advantage or benefit in consideration of the public office they hold, or to abuse in any way by this function; g) freedom of thought and expression, a principle according to which civil servants can express and substantiate their opinions, in compliance with the rule of law and good morals; h) honesty and fairness, a principle according to which in the exercise of public office and in the performance of the duties of civil servants must be of good faith; i) openness and transparency, principle that the activities carried out by civil servants in the exercise of their function are public and may be subject to the monitoring of citizens Terms + Article 4 Within the meaning of the present law, the following terms are defined as a) civil servant-the person appointed to a public office under the conditions Law no. 188/1999 on the Statute of civil servants, republished * *); ---- Note ** **) Law no. 188/1999 was republished in the Official Gazette of Romania, Part I, no. 365 365 of 29 May 2007. b) public office-the whole of the duties and responsibilities established by the public authority or institution, under the law, in order to achieve its competences; 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; d) personal interest-any material or other advantage, pursued or obtained, directly or indirectly, for itself or for others, by civil servants through the use of reputation, influence, facilities, relations, information to which they have access as a result of the exercise of public office; e) conflict of interest-that situation or circumstance in which the personal interest, directly or indirectly, of the civil servant is contrary to the public interest, so that it affects or could affect its independence and impartiality in taking decisions or the timely and objectivity of the duties incumbent upon them in the exercise of their public office; 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 civil servants Ensuring a quality public service + Article 5 (1) Public servants have the obligation to ensure a quality public service 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. (2) In the exercise of public office, civil servants have the obligation to conduct professional conduct, as well as to ensure, under the law, administrative transparency, to win and maintain public confidence in integrity, impartiality and effectiveness of public authorities and institutions. Loyalty to the Constitution and the law + Article 6 (1) Civil servants 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 professional ethics. (2) Public servants must comply with the legal provisions on the restriction of the exercise of certain rights, due to the nature of the public functions held. Loyalty to public authorities and institutions + Article 7 (1) Civil servants have the obligation to defend in a loyal manner 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. (. Public servants shall be 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 unauthorised assessments in relation to pending disputes and in which the public authority or institution in which it operates has the status of a party; 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 public office, if this disclosure is likely to attract undue advantages or to damage the image or rights of the institution or of civil servants, 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 service report, for a period of 2 years, if the provisions of special laws do not provide for other deadlines. ((4) Disclosure of non-public information or the remission of documents containing such information, at the request of representatives of another authority or public institution, shall be permitted only with the consent of the head of the authority or the public institution in which that public official operates. (5) The provisions of this Code of Conduct cannot be construed as a derogation from the legal obligation of public officials to provide information of public interest to those interested, under the law, or as a derogation from the right public servant to make referrals on the basis of Law no. 571/2004 on the protection of personnel from public authorities, public institutions and other establishments that signal violations of the law. freedom of opinion + Article 8 (1) In the performance of their duties, civil servants are required to respect the dignity of the public office held, linking the freedom of dialogue with the promotion of the interests of the public authority or institution in which activity. (2) In their activity, civil servants have the obligation to respect the freedom of opinions and not to be influenced by personal or popularity considerations. In expressing opinions, civil servants must have a conciliatory attitude and avoid generating conflicts due to the exchange of views. Public activity + Article 9 (1) Relations with the means of mass information shall be ensured by the civil servants designated in this regard by the head of the public authority or institution, under the law. (2) Public servants 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 activity. (3) If they are not designated in this regard, civil servants 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. Political activity + Article 10 In the exercise of public office, civil servants 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, outside of service relations, with 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. Using own image + Article 11 In consideration of the public office held, civil servants are prohibited from allowing the use of their own name or image in advertising actions to promote a commercial activity, as well as for electoral purposes. Relations in the exercise of public office + Article 12 (1) In relations with staff within the public authority or institution in which they operate, as well as with natural or legal persons, civil servants are obliged to have behavior based on respect, good faith, fairness and kindness. (2) Public servants are obliged not to prejudice the honour, reputation and dignity of persons within the public authority or institution in which they operate, as well as to the persons with whom they are connected in the exercise of public office, by: a) the use of offensive expressions; b) disclosure of aspects of private life; c) formulating referrals or slanderous complaints. (3) Public servants must adopt an impartial and justified attitude for the clear and effective resolution of citizens ' problems. Civil servants have the obligation to respect the principle of equality of citizens before the law and public authorities, by: a) the promotion of similar or identical solutions 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. (4) In order to carry out social and professional relations that ensure the dignity of persons, the efficiency of the activity, as well as the increase of the quality of public service, it is recommended to comply with the ((1)-(3) and by the other subjects of these reports. Conduct in international relations + Article 13 (1) Civil servants representing the public authority or institution in international organizations, educational institutions, conferences, seminars and other activities of an international nature have the obligation 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, civil servants are prohibited from expressing personal opinions on national issues or international disputes. (3) In external movements, civil servants are obliged to have a conduct corresponding to the protocol rules and it is forbidden to violate the laws and customs of the host country. Prohibition on the acceptance of gifts, services and advantages + Article 14 Civil servants 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. Participation in the decision-making process + Article 15 (1) In the decision-making process, civil servants have the obligation to act according to the legal provisions and to exercise their capacity of appreciation in a substantiated and impartial manner. (2) Public servants are prohibited from promising a decision by the public authority or institution, by other public officials, as well as the performance of their duties in a privileged manner. Objectivity in evaluation + Article 16 (1) In the exercise of tasks specific to public management functions, civil servants are required to ensure equal opportunities and treatment with regard to the development of their career in public office for subordinate civil servants. (2) Leading public servants have the obligation to examine and objectively apply the criteria for the assessment of professional competence for subordinate personnel, when they propose or approve advances, promotions, transfers, appointments or releases from functions or the granting of material or moral incentives, excluding any form of favoritism or discrimination. (3) It is prohibited for leading public officials to favor or disadvantage access or promotion to public office on discriminatory, kinship, affinity or other criteria not in accordance with the principles provided in art. 3. Use of public power prerogatives + Article 17 (1) It is forbidden to use by civil servants, for purposes other than those provided by law, the prerogatives of the public office held. (2) Through the activity of decision-making, counseling, draft normative acts, evaluation or participation in investigations or control actions, public officials are prohibited from pursuing the obtaining of benefits or advantages in the personal interest or the production of material or moral damage to other persons. (3) Public servants are prohibited from using the official position they hold or the relationships they have established in the exercise of public office, to influence internal or external investigations or to determine the taking of a certain measures. (4) Public servants are prohibited from requiring other public officials to register in organizations or associations, regardless of their nature, or to suggest them to them, promising them to grant material or professional advantages. Using public resources + Article 18 (1) Civil servants are obliged to ensure the protection of public and private property of the state and administrative-territorial units, to avoid the occurrence of any damage, acting in any situation as a good owner. (2) Civil servants have the obligation to use the working time, as well as goods belonging to the public authority or institution only for carrying out activities related to the public office held. (3) Public servants must propose and ensure, according to their duties, the useful and effective use of public money, in accordance with the legal provisions. (4) Public servants who carry out publishing activities for personal interest or teaching activities are prohibited from using the working time or logistics of the public authority or institution for their realization. Limitation of participation in acquisitions, concessions or rentals + Article 19 (1) Any public official 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) Public servants shall be 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. + Chapter III Coordination, monitoring and enforcement of the rules of professional conduct Role of the National Agency of Civil Servants + Article 20 (1) The National Agency of Public Servants shall coordinate, monitor 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) develop studies and analyses on compliance with the provisions of this Code of Conduct c) collaborate with non-governmental organizations aimed at promoting and defending the legitimate interests of citizens in relation to civil servants. (2) By its activity, the National Agency of Public Servants cannot influence the conduct of the working procedure of the discipline commissions within the public authorities and institutions. Role of public authorities and institutions + Article 21 (1) For the purposes of effective application of the provisions of this Code of Conduct, the heads of public authorities and institutions shall designate a public official, as a rule within the human resources department, for ethical advice and monitoring compliance with rules of conduct. (2) Persons referred to in par. (1) exercise the following tasks: a) providing advice and assistance to public officials within the public authority or institution on compliance with the rules of conduct; b) monitoring the application of the provisions of this Code of Conduct within the public authority or institution c) preparation of quarterly reports on compliance with the norms of conduct by public officials of the public authority or institution. (3) The attributions provided in par. ((2) shall be exercised pursuant to an administrative act issued by the head of the public authority or institution or by completing the job description with the distinct assignment of ethical advice and monitoring of compliance with the rules of conduct. (4) The reports provided in par. ((2) lit. c), approved by the head of the public authority or institution, shall be communicated to the public officials of the public authority or institution and shall be transmitted quarterly, within the standard and in the standard form established by instructions National of Public Servants. ((5) The reports of public authorities and institutions on compliance with the rules of conduct will be centralized in a database necessary for: a) identify the causes that cause violations of the rules of professional conduct, including constraints or threats exercised on a public official to determine him to violate legal provisions in force or to apply them inappropriately; 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. Advertising of infringements of the rules of conduct + Article 22 (1) The annual report on the management of public office and civil servants, which shall be drawn up by the National Agency of Public Servants, shall include the following data: a) the number and subject of complaints regarding cases of violation of the rules of professional conduct; b) the categories and the number of civil servants 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 cases where civil servants have been asked to act under the pressure of the political factor. (2) The National Agency of Civil Servants may present in the annual report, in detail, some cases that are of particular interest to public opinion. + Chapter IV Final provisions Liability + Article 23 (1) The violation of the provisions of this Code of Conduct attracts the disciplinary liability of civil servants, under the law. (2) The discipline commissions 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. (3) Public servants cannot be sanctioned or harmed in any way for the bona fide referral of the competent discipline commission, under the law, on cases of violation of the norms of conduct. (4) In cases where the acts committed meet the constituent elements of some crimes, the competent prosecution bodies will be notified under the law. (5) Public servants respond according to the law in cases where, through the acts committed in violation of the norms of professional conduct, it creates damage to natural or legal persons. Harmonization of internal organization and functioning regulations + Article 24 Within 60 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. Ensuring publicity + Article 25 To inform citizens, public relations compartments within public authorities and institutions are required to ensure advertising and display the code of conduct at the headquarters of public authorities or institutions, in a place visible. Entry into force + Article 26 This Code of Conduct shall enter into force 15 days from the date of publication in the Official Gazette of Romania, Part I. ------