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Code of conduct of public servants Date: 2009-03-18

A new law on the code of conduct of public servants was passed and published in the Official Gazette of Romania No. 157 from February 23rd, 2004 for the purpose of improving the quality of the services provided by public institutions to the citizens, as well as in order to eliminate bureaucracy and corruption from the public administration.
 
Therefore, we shall present in the following some of the obligations and interdictions set forth by the said code of conduct that are to be observed by public servants:
  • Public servants shall duly provide citizens with high-quality public services.
  • Public servants must perform their activity professionally as well as ensure the transparency of the public administration in order to gain the citizens’ trust with respect to their efficiency and autonomy.
  • Public servants shall protect the prestige as well as the interests of the public institutions in which they perform their work duties.
Further, public servants shall not provide to the public false information or unsubstantiated appraisals concerning the services provided by the public administration or by public authorities for a period of 2 years after termination of the employment contract of the public servant. In the performance of their work duties public servants have the obligation to protect the freedom of speech and the dignity of their public position as well as of the authority that they represent. For this reason the relation between the said authority and mass media will be maintained by a public servant authorized in this respect. In case a public servant who is not authorized to mediate such a relation makes a public statement, he shall stress the fact that he does not speak in the name of the public institution which has employed him.
 
As for the political rights of public servants, the latter shall not support during the election campaign a political party or a certain candidate. Further, public servants are not allowed to use their name and image in advertising. Public servants shall observe a line of conduct based on respect, justice, courtesy and sincerity at work as well as when they perform their work duties. A further interdiction refers to the acceptance or demand by public servants of presents, services, benefits or any other preferential treatment, which might influence their impartiality in the performance of their work duties or be regarded as a return for provided services.
Further on, restrictions on the purchase, concession or lease by public servants of assets that are private property of the state are set forth and regulated. The National Agency for Public Servants monitors to what extent the rules of conduct set forth in the said law are being observed and applied. Further, the National Agency for Public Servants is authorized to decide on any claims and complaints made against the breach by public authorities of the rules of conduct.
 
S.P.R.L. Radnóczy & Menzer NÖRR STIEFENHOFER LUTZ
Attorneys – Tax Advisers – Auditors
28C, General Constantin Budisteanu Str., RO-010773 Bucharest
Tel.: 0040 21 312 58 88
Fax: 0040 21 312 58 89
 

 

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