Law No. 7 Of 18 February 2004 On The Code Of Conduct Of Civil Servants

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

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Law No. 7 of 18 February 2004 (republished) concerning the code of conduct of public servants *) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 525 of 2 august 2007-Note *) Republished pursuant to art. II of law No. 50/2007 for the modification and completion of the law #. 7/2004 code of conduct of public servants, as published in the Official Gazette of Romania, part I, no. 194 of 21 March 2007, posing a new texts.

Law No. 7/2004 code of conduct of public servants has been published in the Official Gazette of Romania, part I, no. 157 of 23 February 2004.


Chapter I scope and general principles article 1 scope of application (1) the code of conduct of public servants, referred to as the code of conduct governs the professional rules of conduct of public servants.
  

(2) the rules of professional conduct set out in this code of conduct is mandatory for persons occupying public office within public authorities and institutions of the Central and local public administration, as well as autonomous administrative authorities, hereinafter the public authorities and institutions.
  

Article 2 objectives the objectives of this code of conduct are designed to provide quality public service, a good administration in achieving public interest, as well as to contribute to the Elimination of bureaucracy and the facts of corruption in public administration, by: a) the regulation of professional conduct rules necessary to achieve certain social and professional relationships creating and maintaining appropriate high-level civil service institution and prestige of public servants;
  

b) informing the public about the professional conduct to which he is entitled to expect on the part of public officials in the exercise of public functions;
  

c) creating a climate of confidence and mutual respect between citizens and public officials, on the one hand, and between citizens and public authorities, on the other hand.
  

Article 3 General principles the principles that govern the professional conduct of public servants are as follows: the Constitution and the rule of) law, the principle according to which civil servants have the duty to respect the Constitution and laws of the country;
  

b) priority public interest principle under which civil servants have the duty to consider the public interest above personal interest in exercising public function;
  

c) ensuring equal treatment of citizens in the face of public authorities and institutions, the principle according to which civil servants have the duty to apply the same legal regime in identical or similar situations;
  

d) professionalism, according to which the principle civil servants have an obligation to perform service duties with responsibility, competence, efficiency, honesty and scrupulousness;
  

e) impartiality and independence, the principle according to which civil servants are required to have an unbiased, neutral attitude toward any political interest, economic, religious or otherwise, in the performance of public service;
  

f) integrity moral principle according to which civil servants are forbidden to ask or accept, directly indirectly, for her times, or for others, benefits in any benefit times the respective public function they hold, or abusing in any way by this function;
  

g) freedom of thought and expression, the principle according to which civil servants can express and to establish their views, while respecting the rule of law and morality;
  

h) honesty and fairness, principle according to which in exercising public function and fulfilling service civil servants must be in good faith;
  

I) openness and transparency, the principle according to which the activities of public officials in the exercise of their function are public and may be subject to monitoring.
  

Terms within the meaning of article 4 of this law, the following terms shall be defined as follows: a) public servant-a person named in a public office according to law nr. 188/1999 on the status of civil servants, republished *);
  

-Note *) Law No. 188/1999 was republished in the Official Gazette of Romania, part I, no. 365 on 29 May 2007.

b) public office duties and responsibilities as a whole-set by authority or public institution, pursuant to law, for the purposes of its powers;
  

c) public interest-that interest which involves guaranteeing and respecting institutions and public authorities the rights, freedoms and legitimate interests of citizens as recognized by the Constitution, domestic law and international treaties to which Romania is a party;
  

d) for personal benefit, or any other, the times pursued either directly or indirectly, for oneself or for others, by public officials using the reputation, influence, relationships, facilities, information available as a result of public tenure;
  

e) conflict of interest-the situation or circumstance in which personal interest, directly of indirectly, times of public functionary would be contrary to the public interest, so that affects or could affect the independence and impartiality of its decisions and timely times with the objectivity of the duties incumbent on it in the performance of public service;
  

f) information in the public interest-any information concerning the activities of or resulting from the activities of a public authority of the time, regardless of the public support it;
  

g) information regarding personal data-any information relating to an identified or identifiable person.
  


Chapter II general rules of professional conduct of public servants to ensure a quality service to the public in article 5 (1) public officials have the obligation to provide a public service quality for the benefit of citizens, through active participation in decision-making and the implementation of their practice, in order to carry out the powers of the authorities and public institutions.
  

(2) in exercising the public function, civil servants are required to have a professional behavior, as well as to ensure, in accordance with the law, administrative transparency, in order to earn and maintain public confidence in the integrity, impartiality and effectiveness of public authorities and institutions.
  

Loyalty to the Constitution and the Law Article 6 (1) public officials are obliged, through their acts and deeds, to observe the Constitution, laws of the country and to act for the implementation of legal provisions, in accordance with the tasks delegated to them, with due respect for professional ethics.
  

(2) civil servants must comply with the legal provisions concerning the restriction of the exercise of certain rights, due to the nature of public functions.
  

Loyalty to the authorities and public institutions in article 7 (1) civil servants have an obligation to defend fairly public authority or prestige of the institution in which they operate, and to refrain from any act which may produce times damages the image or its legal interests.
  

(2) civil servants are forbidden: a) to express appreciation to the public which do not comply with the facts in connection with public authority or institution in which it operates, with its policies and strategies or draft laws, normative or individual;
  

b) make unauthorized appraisals in relation to ongoing disputes settlement and in which the authority or public institution in which they operate quality;
  

c) to reveal information which non-public, under conditions other than those provided for by law;
  

d) to disclose information to which they gain access in exercising public function, if this disclosure is likely to attract undue advantages either to damage the image of the institution or the rights of civil servants of the time, as well as of natural and legal persons;
  

e) to provide assistance and advice to individuals or businesses in order to promote legal action times otherwise against the State authority or public institution in which the times operates.
  

(3) the provisions of paragraphs 1 and 2. (2) (a). a)-d) applies after termination of service, for a period of 2 years, if the provisions of the special law does not provide for other time limits.
  

(4) the disclosure of information which non-public or remit documents containing such information at the request of the representatives of other authorities of the time public institutions, is only permitted with the consent of the driver or the public institution where the public servant in question operates.
  


(5) the provisions of this code of conduct shall not be construed as a derogation from the obligation of public officials to provide information to those interested in public interest, according to the law, or as a waiver of the right of civil servant to make notifications based on law No. 571/2004 on the protection of the public authorities, public institutions and other units who report violations of the law.
  

Freedom of opinion Article 8 (1) in the performance of job duties, public servants have a duty to respect the dignity of the public function, correlating with promoting the interests of freedom of the authority or public institution in which they operate.
  

(2) in their work, public officials have the obligation to respect freedom of opinion and not be influenced by considerations of personal leave or popularity. 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 mass media shall be ensured by public officers appointed for this purpose by the head of the public body or authority under the law.
  

(2) public servants appointed to participate in activities or public debate, as the official, must respect the limits of the mandate entrusted to the authority by the head of representation of the time in which institution it operates.
  

(3) where there are designated for this purpose, civil servants can participate in activities or public debate, given the obligation to make known that the view expressed do not represent the official views of the public institution within the times which they operate.
  

Political activity article 10 In pursuit of public service, public servants are forbidden: a) to participate in the fundraising for the activity of political parties;
  

(b)) to provide logistical support to candidates to public office functions;
  

c) to cooperate with outside service relations with individuals or legal entities that make donations to political parties sponsoring times;
  

d) to display, within the framework of the authorities or public institutions, mean times objects inscribed with the name or logo of the political party or of their candidates.
  

Use your own image to article 11 In consideration of the public service, public servants are forbidden to allow the use of the name or image in advertising actions for promotion of commercial activities, as well as in electoral campaigning.
The relationship in the performance of public function Article 12 (1) in dealing with the staff of the public body or authority in which they operate, as well as with natural persons or legal entities, public servants are required to have a behaviour based on respect, good faith, fairness and courtesy.
  

(2) civil servants are obliged not to prejudice the honour, reputation and dignity of individuals within the institution or public authority in which they operate, and the persons with whom he enters in connection in exercising public function, through: (a) use insulting expressions);
  

b) disclosing aspects of privacy;
  

c) formulation of complaints or grievances libelous.
  

(3) public officials must take a neutral stance and justified for solving problems and effective citizens. Civil servants are obliged to respect the principle of equality of citizens before the law and public authorities, by: a) promoting similar or identical solutions reported in the same category of fact situations;
  

b) removal of any forms of discrimination based on nationality issues, religious beliefs and political material, health status, age, sex or other issues.
  

(4) For the development of social and professional relationships that will ensure the dignity of persons, efficiency, and increasing the quality of public service, it is recommended that compliance with the rules of conduct laid down in paragraph 1. (1) to (3) and by other subjects of these reports.
  

The conduct of international relations in article 13 (1) the public officials who represent the authority or public institution in the framework of international organizations, educational institutions, conferences, seminars and other international activities are required to promote a favourable image of the country and the authority or public institution he represents.
  

(2) In relations with representatives of other countries, civil servants are forbidden to express their personal opinions on issues of national or international disputes.
  

(3) The external movements, civil servants are required to have appropriate rules of conduct protocol and are prohibited from violating the laws and customs of the host country.
  

The ban on accepting gifts, services and benefits of Article 14 civil servants must not solicit or accept gifts, services, favours, invitations or any other advantage, they are intended for personal, family, parents, friends, times the persons with whom they had business relations or political in nature, that they can influence their impartiality in the exercise of public functions or constitute a reward in relation to those functions.
Participation in the decision-making process in article 15 (1) In the decision-making process, public servants have a duty to act in accordance with the legal provisions and the ability to exercise discretion in an even-handed manner and grounded.
  

(2) civil servants are forbidden to promise a decision of the authority or public institution, by other public servants, as well as duties in privileged mode.
  

Objectivity in the assessment of article 16 (1) in exercising the functions of specific public functions of leadership, public officials have the obligation to ensure equality of opportunity and treatment in respect of career development in public function subordinated to civil servants.
  

(2) public servants have a duty to examine leadership and to apply objectivity evaluation criteria of professional competence for matters related to personnel, when proposing to approve further advances times, promotions, transfers, appointments or issuing from offices or to grant incentives or moral, to the exclusion of any form of favoritism times discrimination.
  

(3) it is prohibited to public servants to encourage driving or promoting access times in unfavourably the discriminatory criteria of kinship, affinity, or other criteria which do not comply with the principles laid down in article 21. 3. Use of the prerogatives of public power in article 17 (1) it is prohibited to use by civil servants for purposes other than those prescribed by law and the prerogatives of the public function.
  

(2) the decision-making, advisory, drafting of draft normative acts, or participate in surveys, control action times public servants are prohibited from pursuing obtaining benefits or benefits for personal injury to production times material or moral to others.
  

(3) civil servants are forbidden to use the official position they hold or the relationships that we have established in exercising public function, to the influence of external or internal investigations of the time to determine a certain action.
  

(4) civil servants are forbidden from imposing other civil servants to join the organizations or associations, regardless of their nature, or they suggest this, promising them that the material or professional advantages.
  

Use of public resources in article 18 (1) civil servants are obliged to ensure the safety of public and private property of the State and administrative-territorial units, avoid producing any damage in any case, acting as a good owner.
  

(2) civil servants are obliged to use working time, as well as goods belonging to the authority or public institutions only for related activities the Tribunal service.
  

(3) civil servants should propose and ensure, according to powers, useful and effective use of public funds in accordance with legal provisions.
  

(4) civil servants performing personal or journalistic activities are forbidden to use during working times of logistics public authority or to achieve them.
  

Limiting participation in procurement, rental concessions or to article 19 (1) Any public official can acquire a good private owned State or administrative territorial units, subject to the sale under the law, except in the following cases:
  


a) when became aware, during or as a result of the completion of the job duties, about the value of quality goods to be sold;
  

(b)) when he took part in the exercise of job duties, the Organization of sale of the property in question;
  

c) when can influence sales operations or when he obtained information to people interested in buying the asset did not have access.
  

(2) the provisions of paragraphs 1 and 2. (1) shall apply accordingly in the case of the concession or hire a good public-owned private times State or administrative territorial units.
  

(3) civil servants are prohibited from providing information regarding the goods to public or private property of the State or administrative territorial units, subject to sales operations, lease or rental, under conditions other than those provided for by law.
  


Chapter III Coordination, monitoring and control of the application of the rules of professional conduct of the National Agency Role public servants Article 20 (1) of the civil servants Agency shall coordinate, monitor and control the application of the rules laid down in this code of conduct, exercising the following functions: (a) monitor the implementation and compliance), within the framework of public authorities and institutions, the provisions of this code of conduct;
  

b) develops studies and analyses relating to compliance with the provisions of this code of conduct;
  

c) collaborates with non-governmental organizations aimed at promoting and safeguarding the legitimate interests of citizens in relation to public officials.
  

(2) Through its work, the national agency of civil servants cannot influence the conduct of the proceedings of the disciplinary committees within public authorities and institutions.
  

The role of public authorities and institutions in article 21 (1) for the purposes of effective implementation of the provisions of this code of conduct, the managers of public authorities and institutions shall designate a public servant, as a rule within the human resources officer for ethics advice and monitoring compliance with rules of conduct.
  

(2) the persons referred to in paragraph 1. (1) performs the following tasks: a) advice and assistance for civil servants within the public body or authority with respect to compliance with rules of conduct;
  

(b) monitoring of the application of the provisions of the present) code of conduct within the public body or authority;
  

c) compilation of quarterly reports on compliance with the rules of conduct by public officials of the authority or public institution.
  

(3) the powers referred to in paragraph 1. (2) shall be exercised under an administrative act issued by the head of the institution or public authority or by completing the job description with distinct responsibilities include advising and monitoring compliance with rules of conduct.
  

(4) the reports provided for in paragraph 1. (2) (a). (c)), approved by the head of the public body or authority, shall be communicated to public servants within the public authority or institution and shall be submitted on a quarterly basis, within the time limits and in the form laid down by the standard instructions of the national agency of civil servants.
  

(5) Reports of authorities and public institutions regarding compliance with the rules of conduct will be centralized in a database necessary for the identification of:-determining) violation of the rules of professional conduct, including threats or constraints exerted on a public official to induce him to violate the laws in force or to apply them inappropriately;
  

b identify preventive procedures) the infringement of professional conduct;
  

(c) the adoption of measures relating to the reduction) and eliminating cases of non-compliance with the legal provisions.
  

Advertising of an infringement of the rules of conduct, Article 22 (1) the annual report on the management of public service and public servants, which is drawn up by the national agency of civil servants, shall contain the following information: a) the number and subject of complaints concerning cases of violation of the rules of professional conduct;
  

(b) the number and categories of) civil servants who have violated the rules of conduct and moral;
  

c) causes and consequences of a breach of the provisions of this code of conduct;
  

d) highlighting instances in which public servants were asked to act under pressure from political factor.
  

(2) the national agency of civil servants may be required to submit an annual report, in detail, some of the cases that are of particular interest for public opinion.
  


Chapter IV final provisions article 23 Liability (1) violation of the provisions of this code of conduct shall entail disciplinary responsibility of public servants, in accordance with the law.
  

(2) Disciplinary Committees have the power to investigate breaches of the provisions of this code of conduct and to propose disciplinary sanctions under the law.
  

(3) civil servants may not be punished or prejudiced in any way for the appeal in good faith to the competent disciplinary Commission, in accordance with the law, with regard to cases of infringement of rules of conduct.
  

(4) In cases where the acts perpetrated meeting constitutive elements of crimes shall be seised of the prosecution, in accordance with the law.
  

(5) civil servants are responsible according to the law in cases where, through deeds perpetrated in violation of the rules of professional conduct, create damage to natural or legal persons.
  

Harmonization of internal rules of organization and functioning of article 24 within 60 days after the entry into force of this law, public authorities and institutions shall harmonise the internal rules of organization and operation or specific codes of conduct, in accordance with the provisions of this code of conduct, according to their field of activity.
Publicity Article 25 for informing citizens, leading public relations within public authorities and institutions have the obligation to provide the advertising and display the code of conduct on the premises of the authorities or public institutions, in a conspicuous place.
Entry into force article 26 this code of conduct shall enter into force 15 days after the date of publication in the Official Gazette of Romania, part I. — — — — — —

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