CONSIDERAII CU PRIVIRE LA INTEGRITATEA SECRETARULUI UNITII

ADMINISTRATIV-TERITORIALE

CONSIDERATIONS CONCERNING THE INTEGRITY OF THE SECRETARY

OF THE ADMINISTRATIVE-TERRITORIAL UNIT

Viorica TTARU
Legal Advisor, Institution of the Prefect of Bihor County
PhD student at West University of Timisoara

Abstract: Given that, in the course of time, instances of conflict of interest or incompatibilities have been signaled in
practice regarding the public office of secretary of the territorial-administrative unit, in this paper we propose to analyze
the current legal framework governing the integrity monitoring tools, the control exercised by the National Integrity
Agency, and the applicable sanction in the field.

Key words: secretary of the territorial-administrative unit, integrity, wealth control, incompatibilities, conflict of interest

1. INTRODUCTION.

In the context of ever-increasing globalization, a growing competition that has overtaken the national or
regional level, reaching the global level, the human resources in the public administration, as the main factor of this
competition, and the issue of their integrity, are the foundation of some Heated discussions around the world. A public
authority, a state and, implicitly, a community is as powerful as the civil servants that make up it are capable and integrity,
not surprising the many theories on this already established theme that invade the public space in this daily.
In this context, the present paper deals with the analysis of the aspects regarding the integrity of the
administrative-territorial unit secretary, a public civil servant in the mayoralties or county councils. The incidence of the
transposition into the national legislation of the European Union directives on integrity, Its educational and professional
evolution, a SWOT analysis: strengths, weaknesses, opportunities and threats necessary for the implementation of
measures to prevent and control the risks of corruption, as well as a critical reflection on integrity incidents and the causes
of ethical maraudism , Identifying the factors leading to the violation of the legal norms regulating the integrity of civil
servants and the appearance of corruption, the obstacles in the implementation of anti-corruption measures, as well as
measures to prevent corruption and the possibility of anticipating corruption behaviors. However, our study does not aim
at exhausting the complex ensemble of issues related to the integrity of the local public administration, but it desires a
useful work in the theoretical and applicative training of practitioners in the field.
An important place in the picture of civil servants in the local public administration is the public function of
secretary of the administrative-territorial unit, which is the basic link of the local public administration activity, especially
with regard to countersigning and approving the legality of administrative acts , although the interface of the activity of
the mayoralties or county councils is ensured by the local public authorities: the mayor / president of the county council
as executive activity and the local / county council as a deliberative authority. We cannot start with this without
emphasizing that a quality public administration implies major quality change, changes that are relatively permanent and
irreversible and that are centered on transparent public services that are beneficial to citizens. We are not talking here
about a pure behavioralist approach, but about the observable behavior of the secretary of administrative-territorial unit,
which is based on violations of the legal framework in force, as well as on scientific evidence based on evidence.

2. LEGISLATIVE RELATIONS, EUROPEAN POLICIES, GUIDELINES AND PERSPECTIVES OF

INTERNATIONAL INTEGRITY POLICIES.
The efficiency of the local public administration is reflected especially in the activity carried out by the
secretary of the commune, city, city or county and the importance of this function derives from the requirements expressly
provided by the legislator, which a person must meet in order to participate in the competition Recruiting for such a
public office. Thus, besides the general conditions established by art. 54 of the Law no.188 / 1999 on the Civil Servants1

1
Republished in the "Official Gazette of Romania", Part I, no. 251 of March 22, 2004.
Statute, in order to hold the public office of secretary of the administrative-territorial unit, the candidate must meet the
minimum conditions of seniority in the specialty of the studies necessary for the participation in the organized recruitment
contest, namely: To have 2 years in the specialty of studies necessary for the exercise of the public management function,
according to art. 57, par. (6) letter a) have graduated from master's or post-graduate studies in the field of public
administration, management or in the specialty of the studies necessary for the exercise of public office, according to art.
57, par. (7), while, paradoxically, in the case of local elected representatives, the law provides only conditions of age and
domicile. 2
The activity of this public civil servant, which is the object of our study in terms of integrity analysis, is
twofold: the first parameter is to ensure the legality of administrative acts and the second involves the provision of
effective secretariat of local / county council meetings. Since between the two parameters, One dealing mainly with the
activity of endorsement of the lawfulness of the administrative acts and the other with the secretariat activity, establishes
a univocal relationship due to the possibility of full connection of the two categories of qualitative-special attributions,
we consider that the analysis of the integrity concept referring to this public function, Provides the possibility of capturing
the specificity of the relationship between these parameters and the register of incompatibilities, conflict of interest or
asset valuation, governed by special laws in the field.
Starting from the etymology of the word integrity, it derives from the Latin adjective "integer," meaning
whole. The meanings assigned over time to the integrity or integrity concept are varied and multiple according to the
time and the associated internationality, namely: feeling of dignity, justice and conscientiousness, reporting to morality,
serving as a guide in human conduct, honesty, honesty, fairness, incorruptibility.
On the other hand, the notion of administration derives its etymological origin from the Latin "ad ministry"
which signifies a servant subject, consequently the local public administration acts in the service of the public interest
through the administrative apparatus, in this case through the civil servants. The term corruption3, it is defined as a state
of deviation from morality, from honor, from debt.
As a natural consequence, the question that arises is the following: what is the relationship between integrity
and corruption and the answer is that the integrity factor has an overwhelming role in preventing corruption and the staff
evaluation of the integrity involving the three types of control of civil servants in terms of valuation of assets,
incompatibilities and conflicts of interest is the ultimate goal pursued by the National Integrity Agency.
If we look at the concept of integrity from the perspective of managerial internal control standards, they define
a minimum of management rules, which all public entities have to follow, ethics and integrity, is found in the I standard,
according to which the management and employees of the public entity Have to know and support the ethical values and
values of the public authority, the personal and professional integrity of the employees, to observe and apply the
regulations on ethics, integrity, to avoid conflicts of interest, to prevent the production of frauds, corruption acts and to
Encourage the reporting of irregularities. It is also necessary to create an appropriate environment for the local public
authorities, which facilitates the employees' open communication about their ethical and integrity concerns, and the
irregularity reporting must have a character Transparent to eliminate suspicion of delinquency and should be regarded as
exercising a professional duty.4
In ethics, integrity is considered to be similar to honesty and fairness and is assessed by the accuracy of the
actions of the National Integrity Agency set up by Law no. 144/20075 on the establishment, organization and functioning
of the National Integrity Agency as a recommendation of the Council of Europe Group of States Against Corruption,
GRECO (second round of evaluation, 2005) regarding the elaboration of a unitary verification system in the field of
wealth control, Conflicts of interest and incompatibilities aimed at combating corruption through administrative means.
The National Integrity Agency shall exercise its powers in accordance with the principles of legality, confidentiality,
impartiality, operational independence, celerity, good administration, and the right to defense. 6
National Integrity Agency whose main responsibility legal assessment wealth of possible incompatibility and
conflict of interest and the fundamental ways of working, to detect cases of incompatibility or detection of an infringement
of the laws on conflict of interest, it is indispensable not only as regards the preparation of reports and in the monitoring
of the implementation incompatibilities civil servants, which requires verification of declarations of assets and interests,
control the deposit term of these statements by persons prescribed by law or : dignitaries, elected officials, civil servants,
finding that between the wealth acquired during the function and income at the same time there is an obvious difference

2See Art 4, Law no. 115 of 19 May 2015 for the election of the local public administration authorities, for the modification of the Local Public
Administration Law no. 215/2001, as well as for amending and completing the Law no. 393/2004 on the Statute of local elected officials
published in the "Official Gazette of Romania", Part I, no. 349 of May 20, 2015.
3https://dexonline.ro.
4See Order no. 400 of 12 June 2015 for the approval of the Managing Internal Control Code of public entities published in the "Official Gazette

of Romania", Part I no. 444 of 22 June 2015, Annex 1, point 1.1.

5Republished in the "Official Gazette of Romania", Part I, no. 535 of 3 August 2009.
6https://www.integritate.eu.
that cannot be justified, brought before a court of order to establish the assets acquired unjustified, whose seizure requests,
but communication to the relevant prosecution if there is evidence or reasonable grounds for committing criminal acts.7
In order to remedy issues that favored integrity incidents, a series of professional conduct rules for civil
servants in the public administration were enacted and the legal content of these norms is reflected at the level of local
public administration and is essentially a set of ethical rules , The non-compliance of which engages the civil servants'
liability as the main instrument by which the public administration acts, synthesized according to the principle governing
moral integrity, according to which civil servants are forbidden to seek or to accept, directly or indirectly for themselves
or for others, Any advantage or benefit in view of the public office they hold or abuse in any way this function.8
Also, the Civil Servants' Statute was adopted by organic law and regulates the basic principles of the public
administration system: legality, impartiality and objectivity, transparency, efficiency and effectiveness, accountability,
according to legal provisions, orientation towards the citizen, stability in the exercise of office Public order, hierarchical
subordination, the general regime of legal relations between civil servants and the public administration. Thus, like other
civil servants, the secretary has the obligation to professionally, impartially and legally comply with the service duties
and to abstain from any act that could harm the natural or legal persons or the prestige of the body of civil servants, to
comply strictly with the legal regime of the conflict of interests and incompatibilities established according to the law.9
In this context, the reform of the public administration aims at reforming the public function by: increasing
the professionalism of the human resources occupied within the civil service, the stability of the institutional and legal
framework, eliminating the exceptions and strengthening the anticorruption policy. Strengthening the capacity of local
public authorities to self-assess the way ethical standards are observed have been synthesized in the responsibilities
assigned to the National Agency of Civil Servants. In addition, the role of the National Agency of Civil Servants is
provided by art. 20 of the Law no. 7/2004, for the purpose of coordination, monitoring, control and enforcement of the
rules set out in the Code of Conduct.
In the present socio-economic-political context, Romania as a member of the European Union has the
obligation to reform and improve the efficiency of the public administration apparatus, and this reform includes a series
of steps, including: National Anticorruption Strategy10 for 2016-2020, sets of indicators Performance, risks associated
with the objectives and measures of the strategy and verification sources, inventory of institutional transparency and
corruption prevention measures, evaluation indicators, and standards for the publication of public interest information.
The National Anticorruption Strategy, in conjunction with the Cooperation and Verification Mechanism
(MCV), the sectoral policies of integrity and the anti-corruption measures taken by both the National Anticorruption
Directorate and the National Integrity Agency reflect a series of measures in this respect Romania has accepted MCV in
the mid-2000s as a prerequisite for joining the European Union on 1 January 2007 and, according to the MCV reports,
presented annually by the European Commission, it monitors the progress made in Romania as a Member State of the
European Union. The prospect of social progress, it goes without saying that the field of integrity of the civil servant puts
an emphasis on society, so we appreciate that this issue is an extremely important territory, which the European Union
permanently tattooes. Been expressed by GRECO11 And OECD12 - Organization for Economic Co-operation and
Development Convention on Combating Bribery of Civil Servants in International Business Transactions. Most recent
report, presented in January 2017, within the framework of the M.C.V. On Romania's progress, underlines the fact that
in recent years Romania has made progress in judicial reforms and in the fight against corruption, but there are no
recommendations.
The European Union promotes the facilitation of access to quality public services or civil service, is part of
the integrity priority objectives, being closely linked to the principles of legality and non-discrimination. In this field, a
number of strategic objectives European Convention on Corruption, adopted in Strasbourg on 4 November 1999 13, the
United Nations Convention Against Corruption, adopted in New York on 31 October 200314, which aims to promote and
strengthen measures in the field of The purpose of preventing and combating corruption in the most effective way,
promoting, facilitating and supporting international cooperation and technical assistance to prevent and combat
corruption, including the recovery of goods, the promotion of integrity, And good governance of public affairs and public
goods.

7Article 13 of Law no. 144/2007.

8See Art. 3, lit. F of Law no. 7 of 18 February 2004 on the Code of Conduct for Civil Servants, republished in the "Official Gazette of

Romania", Part I, no. 525 of 2 August 2007.

9 See Art. 43, par. (1) and art. 49 of Law no. 188/1999.
10 Adopted by H.G no. 583 of 10.08.2016, published in the "Official Gazette of Romania" Part I, no. 644 of 23 August 2016.
11 http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/ReportsRound3_en.asp.
12http://www.oecd.org/corruption/acn/preventionofcorruption/;http://www.oecd.org/corruption/anti-corruption-reforms-eastern-europe-

central-asia-2013.htm.
13Ratified by Romania through Law no.147 / 2002, published in the "Official Gazette of Romania", Part I, no. 260 of 18 April 2002.
14Ratified by Romania through Law no. 365/2004, published in the Official Gazette of Romania, Part I, no. 903 of October 5, 2004.
 On the other hand, corruption is seen by the United Nations, according to the International Code of Conduct
for Public Agents15, a problem that affects the stability and security of citizens, damaging democracy and morality, and
impeding economic, social and political development. The Code is an instrument in the struggle of states against
corruption and includes the general principles for the conduct of public officials, as well as the principles of conflict
prevention, wealth assurance, gift acceptance, confidential information management and involvement in political
activities.
Talking about the register of incompatibilities, conflicts of interest and wealth control in domestic legislation,
we emphasize that this is a complex system, the result of the interdependence between the European values system and
principles, with a well-defined purpose, that of putting into practice the ideology of ethics The public function which
characterizes an integral person and its opposite, defined by the violation of these values, namely the committing of acts
that effectively cancel the moral probity of the secretary of the administrative-territorial unit.
It is imperative, therefore, that in the exercise of the public office, the secretary of the territorial-administrative
unit should observe the observance of the legal framework in force regarding integrity, to assert his professional
competence, to enforce the laws and the other normative acts and the activity To reflect the full and accurate character of
the operations and documentation he manages, the professional way of approaching specific tasks, capitalizing on
competence, transparency and fairness.
At the local public administration level, employees reporting irregularities, acts of violation of civil servants
prescribed by law as disciplinary offenses, contraventions or offenses, which are directly or indirectly aware of, are
protected16 against any discrimination and the directors have the obligation To undertake the appropriate investigations
in order to elucidate the ones signaled and to take, if necessary, the necessary measures in compliance with the principle
of the supremacy of the public interest, according to which the rule of law, integrity, impartiality and efficiency of the
public authorities are protected and promoted by law . Legally, we emphasize that the secretary of the territorial-
administrative unit can be both a whistleblower or a witness and a civil servant who violates the law, in which case the
disciplinary commission or other similar body Will protect the whistleblower by hiding his identity.17

3. MANIFESTATIONS OF AVERAGE EVALUATION, CONFLICT OF INTERESTS AND INCOMPATIBILITY

REGIME IN THE EXERCISE OF THE SECRETARY PUBLIC FUNCTION OF THE ADMINISTRATIVE-
TERRITORIAL UNIT.

An important objective of the domestic legislation is to ensure the integrity of the secretary of the territorial-
administrative unit, which is a standard in the field of ethics, aiming at developing a body of elite public servants, whose
vital activity for the local public administration and for the community, among other things, education, honesty and
respect for the law, without reducing it. In our opinion, we consider three important directions from the perspective of
theory and the concept of integrity: the importance of its preparation as a vector of stability and of ensuring the legality
of both administrative and individual administrative acts, the importance of the external impulse role of its activity, With
the resonance of the efficiency of the activity of the other public servants with which it relates but also of the subordinated
ones, of the local public authority and implicitly of the local elected representatives and of the importance of integrating
the objectives of the National Anticorruption Strategy into the local public administration at the level of some strategic
models Specific to the objectives of the European Union and the programs in the field.
In other words, between the quality and efficiency of services in the local public administration and integrity
there is an inter-causality relationship that can also be pursued in the area of activity of the secretary. At the level of
European policies, both the EU member states and Romania, identify the access to an efficient and transparent public
administration as a fundamental right. This is both an essential way of preventing the risk of permanent corruption and
an important way to make local public administration more efficient through civil servants. For this reason, the activity
of this senior civil servant is subject to special laws of appreciation, namely to achieve the most efficient results and to
match the goals and objectives anticipated.
Firstly, observing the rigors of integrity as a civil servant seeks to stabilize optimal relationships between
integrity monitoring tools: wealth declarations and declarations of interest and the exercise of activity by the National
Integrity Agency, which seeks to trigger sanctions that impose those Three levels: property valuation for illicit or
unjustified wealth, incompatibilities, conflicts of administrative or criminal interests. It is worth noting that all national

15The International Code of Conduct for Public Officials was adopted by Resolution 51/59 of the O.N.U. General Assembly. Of 12
December 1996, available at www.un.org/documents/ga/res/51/a51r059.htm.
16Law no. 682 of 19 December 2002 on witness protection, republished in the "Official Gazette of Romania," Part I, no. 288 of April 18,

2014.
17Article 7, paragraph (2) of the Law no. 571/2004 regarding the protection of personnel from public authorities, public institutions and

other units reporting violations of the law, published in the "Official Gazette of Romania", Part I, no.1214 of December 17, 2004.
and international anti-corruption legislation effectively promotes principles that encourage correct understanding of the
law, Assuming the risks but also taking over the initiative by civil servants in order to respect the integrity of other civil
servants and public authorities.
Then, also through the special laws18, it is still desirable to allocate the necessary capital of trust to the
secretary of the administrative-territorial unit, since the law poses him in the person who designates the person to whom
the declarations of wealth of the local elected, which denotes that this An official has an indisputable role as an engine
of ensuring integrity, of the correctness of the administrative acts he advocates for legality, but also of identifying cases
where local elected representatives have to abstain from voting for the adoption of local council decisions.19
Speaking about special laws on integrity, we note that both the Anti-Corruption Law no. 161/2003 which has
been elaborated in accordance with the integrity of the exercise of the powers of the public power, with the fundamental
right to good administration20, the respect due by all citizens,21 and Law no.176 / 2010, impose an ascendant sense of the
interventions of the National Integrity Agency, the importance of the principle of legality must be emphasized. Therefore,
the special importance of the Secretary's activity must be emphasized, since, according to the legislator, other civil
servants or contract agents are not fit to assume the "risk" of engaging in such an activity, The public can be considered
as a sensitive function in terms of the assertion of the legality of apparently legal administrative acts but which in reality
hide incompatibility or conflicts of interest, which is why we consider that due importance should be given to the
problems of "The activity sphere" and, in this respect, to increase the number of measures for the implementation of the
risk management and of the financial incentives to this officer, but also to the persons who carry out the operational
procedures related to the managerial internal control of the public entities.
Although the pervasive legal framework fits as a glove to the complex structure that the National Integrity
Agency demonstrates locally through the implementation of modern technologies that have as major objectives the
increase of efficiency, the reduction of corruption, the attraction of the population's trust in System and raising the level
of citizens' satisfaction, it would be best if the National Integrity Agency provide the secretary of the administrative-
territorial unit, but also other civil servants, training courses in the field, including a full package of assistance, starting
with the initial training but And compulsory counseling, continuing with the permanent counseling stage and then with
the verification of its activity and implicitly of the declarations of assets and interests within a reasonable time established
by law and, ultimately, the application of the fines. Thus, we believe that an effective mechanism for prevention of
incidents of integrity would be created, implicitly in the area of local elections when the secretary also exercises the
capacity of polling station chairman.
Secondly, if we look at the function in terms of attributions, we notice that these are different and involve the
combination of law enforcement and the actual exercise of service duties, which is why the role of the secretary can move
from the pole where he is a source of information Which results in the examination of the legislation in force and its
correct application, concretized in the approval of the lawfulness of the administrative acts, key competence of the
secretary, in the field in which it performs a simple reproduction of the law which consists in the effective fulfillment of
the attributions related to the affiliation of the relevant secretariat Local / county council meetings. But, in abstract terms,
the differentiation of the duties seems arbitrary to us, because even if it is the activity related to the declarations of assets
and interests of the local elected representatives, which is itself directed and coordinated by the secretary, this operation
requires all the effort that and if the Secretary carries out the control of the legality of the acts, integrity must prevail
irrespective of the activity he carries out. In practice, the secretary's application to the current legal framework has
different shades depending on the personality of the person in charge Such a function.
Thirdly, we would like to point out that each secretary of the commune, city, municipality, county, acts in a
field of political factors, therefore, its purpose includes a certain degree of probability. We deduce from all that integrity
occupies a central place within the legal norms, but the correct application of laws, which in practice provide for a series
of prohibitions, incompatibilities and conflicts of interest, and which have the same integrity as a point of congruence, is
thus rendered nuanced by Secretary, each adopting its own path, depending on the internal structure, on the level of
professional training, motivation or mentality.
By Law no. 161/2003, developed as a result of avoiding incidents of integrity, being the result of all the actors
involved, identifying the monitoring tools and showing the ways to find out the truth. All these peculiarities were
theorized by the delimitation of five fundamental registers, briefly and strictly delineated, in the activity of the
secretary of the administrative-territorial unit.
18
Law no.161 / 2003, published in the "Official Gazette of Romania", Part I, no. 279 of 21 April 2003 and Law no. 176/2010, published
in the "Official Gazette of Romania", Part I, no.621 of September 2, 2010.
19Art. 46 of the Law no. 215/2001, republished in the "Official Gazette of Romania", Part I, no. 123 of 20 February 2007.
20Article 41 of the Charter of Fundamental Rights of the European Union, http://eur-lex.europa.eu.
21Article 16, paragraph 1 of the Romanian Constitution, republished in the "Official Gazette of Romania", Part I, no. 767 of 31 October

2003.
a) Incompatibility

In the first register, the incompatibility consists in the simultaneous exercise of the public office of secretary
of the administrative-territorial unit with another function, in the conditions in which the cumulus of functions is expressly
forbidden by law22. According to art. 80 of the Law no. 161/2003, the incompatibilities regarding the public dignities and
public functions are those regulated by the Constitution, the law applicable to the public authority or institution in which
the persons exercising a public dignity or a public office perform their activity. The exercise of the control of the
incompatibilities is carried out by To the National Integrity Agency, and there are a number of monitoring tools for
incompatibilities, such as completing the wealth declaration and declaration of interests. Regarding the regime of
incompatibilities, which was applicable to the secretary of the territorial-administrative unit, it was not synthesized in a
single normative act, with several disparate laws providing for cases of incompatibility.
The local public administration law23 provides that the secretary cannot be a member of a political party under
the sanction of dismissal, a matter relevant to his apolitical position, as a natural requirement of the need for impartiality
and objectivity in his work of verifying the legality of administrative acts. Beyond this case of incompatibility, under the
right of opinion, regulated by the Constitution, at art. 30 and established by the Code of Conduct for civil servants24, this
public official is limited in the expression or public manifestation of his political beliefs only during the exercise of his
duties and outside the exercise of public office he has the possibility to express political convictions. 25 Thus, unlike the
other categories of public servants who, according to Article 98, paragraph (1) of the Civil Servants' Statute, may be
members of legally constituted political parties, the secretary of the territorial administrative unit cannot have this
capacity.
Another case of incompatibility derives from the situation provided by art. 29, paragraph (3) and par. (3 ^ 1)
of the Civil Servants Statute in conjunction with Art. 117 of Law no. 215/2001, respectively the situation in which the
secretary of the administrative-territorial unit as authorizing officer, in the situation provided by art. 55, par. (8 ^ 1), is
elected by the governing bodies of the trade union organizations. In this case, the secretary has to choose one of the two
functions and if he chooses to conduct the activity according to the leadership in the trade union organizations, shall be
suspended for a period equal to that of the term of office of the trade union organization.
Under Article 32 (1) of H.G. no. 611/200826 for the approval of the norms regarding the organization and
development of the civil servants' career, a civil servant who has been disciplined cannot be appointed a member of the
competition commission or of the appeal committee, and the sanction applied has not been canceled, according to the
law. According to art. 32 par. (2) of H.G. no. 611/2008, the membership in the competition commission, the secretary of
the administrative-territorial unit for the recruitment of civil servants or even another secretary of the administrative-
territorial unit, is incompatible with the membership in the appeal panel. art. 34, this situation of incompatibility shall be
reported to the person concerned by any of the candidates, the leader of the local public authority or the National Integrity
Agency or by any other interested person at any time during the organization or performance of the contest.
According to art. 94, paragraph (1) of the Law no. 161/2003, the quality of civil servant and implicitly of the
secretary of the administrative-territorial unit is incompatible with any public office, as well as with the public dignity
functions. 94, paragraph (2) of Law no. 161/2003, he / she cannot hold any other functions or perform other remunerated
or unpaid activities: within the public authorities or institutions within the dignitary cabinet, unless the secretary is
suspended from the respective public office, under the law, during the appointment And at the end of the mandate of the
official, the civil servant is reinstated in the public office, as well as in the autonomous companies, commercial companies
or in other public sector profit units or as a member of a group of economic interest.
Exceptions to incompatibility do the cases listed in art. 94, par. (2 ^ 1) and (2 ^ 2) of Law no. 161/2003, when
the secretary: is appointed by an administrative act, issued under the law, to participate as a representative of the local
public authority within the bodies or collective bodies constituted under the normative acts in force, exercises a Mandate
of representation on the basis of the designation by a public authority, under the conditions expressly provided by the
normative acts in force. According to the same article, it is not in a situation of incompatibility, the secretary who is
appointed by administrative act to be part of the team of a project financed from post-accession non-reimbursable
Community funds, unless the activity carried out within that team generates a situation of conflict of interest with the

22Article 25, paragraph (1) and paragraph (2) of the Law no. 176/2010.
23Article 116, paragraph (2) of the Law no. 215/2001.
24 Article 8 of Law no. 7/2004.
25 A.Trilescu, Administrative Law, Edition 4, C.H.Bech Publishing House, Bucharest, 2010, p.143.
26 Published in the "Official Gazette of Romania", Part I, no. 530 of July 14, 2008.
public office it occupies. (4) of the same article, the secretary of the administrative-territorial unit may not be the person's
representative in respect of the performance of acts in connection with the public office he performs.
As a derogation from these provisions, Article 96, (1) of the Law no.161 / 2003 establishes the possibility of
the secretary to perform functions or activities in didactic field, scientific research, literary-artistic creation. Regarding
the case provided by art. 96, par. (1), according to which civil servants may perform duties in other areas of activity in
the private sector which are not directly or indirectly connected with the duties exercised according to the job description,
in the case of the secretary of the administrative-territorial unit, this cannot materialize, For the reasons outlined below.
Art.117 of the Law no. 215/2001, the secretary of the territorial-administrative unit fulfills, according to the
law, a series of tasks: approves, for legality, the provisions of the mayor and the president of the county council, the
decisions of the local council, respectively of the county council, participate in the meetings of the local council,
respectively Of the county council, ensures the administration of the administrative procedures regarding the relationship
between the local council and the mayor, the county council and its president, as well as between them and the prefect,
organizes the archive and the statistical evidence of the decisions of the local council and of the mayor's orders,
respectively of the decisions of the county council The provisions of the president of the county council, etc. Also, by
way of derogation from the provisions of art. 21, par. (2) of the Law no. 273/2006 on local public finances, as
subsequently amended and supplemented, in the situations provided by art. 55, par. (8 ^ 1) or, as the case may be, in
Article 99, paragraph (9), the secretary of the administrative-territorial unit shall be the main authorizing officer for the
current activities.
In addressing the above-mentioned law, regarding the problem that the special law does not impose on the
secretary of territorial-administrative unit duties attributable to the representation of the local public authority in court,
although some of these civil servants have legal studies, unlike others Who have only administrative studies, and the
legislator's intention is to make a connection between the professional training of the civil servant and the function he
performs. 27 Taking into account the provisions of Law no. 514 of November 28, 200328 regarding the organization and
the exercise of the profession of legal adviser, according to which the legal counselor in his activity approves and counters
the legal acts similar to the secretary's basic attribution, the only difference is that the latter countersigns and endorses
Administrative matters, an important point is the fact that the secretary cannot legally represent another entity in the
private sector before the courts, although, according to art. 116, par. (1 ^ 1) of Law no. 215/2001, the period in which the
person with higher legal education holds the position of secretary, as well as leading positions in the specialized unit of
the administrative-territorial unit / administrative-territorial subdivision, constitute seniority in the specialty.
Another case of incompatibility of the secretary of the administrative-territorial unit derives from the
provisions of art. 97 of the Law no.161 / 2003, according to which the secretary's service report is suspended during the
electoral campaign until the day after the elections, if it is not elected or until the end of the eligible position or of the
public dignity function, which civil servant was elected or appointed. Also, according to art. 34 of Law no. 188/1999, the
secretary may be appointed to a position of public dignity, according to the law, only after the termination of the service
relations. The incompatibility regarding the membership of the secretary who has the capacity of authorizing officer, to
the governing bodies of the unions is provided by art. 29, par. (3) of the Law no. 188/1999.
The provisions of art. 44 of the Law no. 115/2015, exposes a case of incompatibility in which the secretary
may be present when he is the chairman of the municipal, municipal, municipal or electoral district electoral bureau
because he cannot be a member of the electoral bureaus Constituency or election bureaus, election candidates, spouses,
relatives and their affiliates up to the second degree included.
Granting the preventive financial control visa is another incompatibility case. According to Annex 2, lit. F)
of the Specific Code of professional norms for persons exercising the activity of own preventive financial control, Chapter
II of the Order of the Ministry of Finance no. 923 of 201429 stipulates the conditions to be fulfilled by the persons called
in the activity of own preventive financial control and the principles underlying the exercise of this activity. According
to this law, the person designated to carry out his own preventive financial control activity cannot be involved in the
approval and execution of the operations subject to his own preventive financial control through his duties, in conclusion,
the secretary of the administrative-territorial unit cannot grant a visa of financial accounting control, as its countersign
and endorse the administrative acts that concern the approval and the rectification of the local budget.
In addition to the previously mentioned integrity cases, we would like to highlight the Secretary's attributions
with regard to instruments for monitoring incompatibilities, although I have recalled them above, according to Art. 5, lit.
G Law no. 176/2010: the county councilors and local councilors, the mayors, as well as the presidents of the county
council, submit the declarations of wealth and interests to the person designated by the secretaries of the respective
administrative-territorial units. In practice, however, there are many cases which, due to lack of personnel , The number

27Guide on Incompatibilities and Conflicts of Interest, 2016 Edition, page 29, www.integritate.eu.
28 Published in the "Official Gazette of Romania", Part I, no. 867 of 5 December 2003.
29 Published in the "Official Gazette of Romania" Part I, no. 555 of 28 July 2014.
of civil servants in some mayoralties being restricted, the secretary to carry out the tasks related to the implementation of
the provisions regarding the declarations of wealth and the declarations of interests provided by art. 6 of the Law no. 176
/ 2010. Art. 7 of the Law no. 161/2003, state the procedure for reporting the deficiencies in completing the declarations
as well as the rectification thereof. Until the expiration of the deadline for submission of the declaration of assets and /
or the rectified declaration of interests, the National Integrity Agency may not initiate the procedures provided by the
special law.
At the legislative level we point out the lack of correlation between the provisions of art. 5, lit. G of Law no.
176/2010 and the provisions of art. 80 of Law no. 393 of 200430, according to which the secretary of the territorial-
administrative unit shall send to the secretary general of the prefecture, by 1 March of each year, a copy of the updated
statements of the local elected representatives, who are obliged to update the statement of personal interests at the
beginning of each year, Later than 1 February, if significant changes have been made to the previous statement. The lack
of correlation consists, on the one hand, of the fact that the two legal texts nominate different persons who have
attributions regarding the implementation of the provisions regarding the declarations of assets and declarations of
interests and on the other hand that the respective statements are transmitted directly to the Agency National Integrity in
order to carry out the evaluation tasks, as well as certified copies of the two types of declarations submitted and a certified
copy of the special registers, not later than 10 days after their receipt, and not to the secretary general of the prefecture,
Which is no longer present in the organigram of prefect institutions.
A special role in our study, although not in itself a case of incompatibility but related to the integrity of civil
servants within the specialized apparatus of the mayor or the county council, is the endorsement of the legality of the
mayor / president of the county council regarding The approval of the Ethics Code,31 of the specialized apparatus and the
appointment of a public officer for ethical advice on compliance with the rules of conduct and the monitoring of conduct
rules, the drawing up of quarterly reports on compliance by the civil servants within the public authority or institution in
compliance with the rules of conduct. With art. 21 of Law no. 7 / 2004. Also another administrative act on integrity,
which is implicitly countersigned and approved by the secretary, is the provision of the mayor / president of the county
council for the implementation of the internal managerial control rules, as well as the designation of the last two cases
exemplified by administrative acts related to the integrity of civil servants and may employ, according to art. 128 of the
Law no. 215/2001, the administrative, civil or criminal liability of the secretary of territorial-administrative unit that
countersigns and endorses the legality of these acts.

b) Conflict of interests

Specifically for the second register, is the state of conflict of interest, which means according to art. 70 of the
Law no. 161/2003, the situation in which the person exercising a public office has a personal interest of a patrimonial
nature, which could influence the objective fulfillment of the attributions according to the Constitution and other
normative acts and according to Art. 71 of the same law, the principles underlying the prevention of conflicts of interest
in the exercise of public dignities and public functions are: impartiality, integrity, transparency of the decision and the
supremacy of public interest. In the sense of art. 4, lit. Of the Code of Conduct for Civil Servants, the term conflict of
interest is the situation or circumstance in which the personal interest, directly or indirectly, of a civil servant is contrary
to the public interest, such that it affects or might affect its independence and impartiality in making decisions or fulfilling
in a timely and objective manner, of the duties incumbent upon him in the exercise of his public office. The conflict of
interest control is also exercised by the National Civil Servants Agency as in the case of incompatibilities, which is also
competent on this level of integrity. Of the three cases of conflict of interest presented by Law no. 161/2003, two
concerning the dignitaries and the local elected ones, one represents the cases of conflict of interests of public servants,
section where the secretary of the administrative-territorial unit is registered.
Taking into account the provisions of art. 79 of Law no. 161 of 2003, the secretary of the territorial-
administrative unit is in conflict of interest if he / she is in one of the following situations: he / she is called upon to
resolve requests, to make decisions or to participate in decision-making regarding natural and legal persons with whom
he / Heritage interests, participate in the same commission, constituted under the law, with civil servants who have the
status of a first degree spouse or relative, her patrimonial interests, her spouse or relatives of grade I can influence the
decisions she has to take in the exercise In the event of a conflict of interest, the civil servant is obliged to refrain from
solving the request, taking the decision or taking part in making a decision and immediately informing the hierarchical

30Published in the "Official Gazette of Romania", Part I, no. 912 of 7 October 2004.
31Order of the President of the National Agency of Civil Servants no. 3753/2015 of 3 November 2015 on the monitoring of compliance
by the civil servants with rules of conduct and the implementation of disciplinary procedures. Published in the "Official Gazette of
Romania", Part I, no. 844 of 12 November 2015.
chief directly to his or her subordinate. The violation of the provisions of the legal provisions in the field may, as the case
may be, imply disciplinary, administrative, civil or criminal liability, according to the law.
In interpreting the provisions of art. 19 of Law no. 7/2004, the compulsory conditions for the secretary of the
territorial-administrative unit to acquire a private property belonging to the state or the administrative-territorial units,
subject to sale under the law, are circumscribed to the legal conditions provided for the other civil servants, except for In
the course of or as a result of the performance of his duties, of the value or quality of the goods to be sold when he
participated in the organization of the sale of the good in question, And the endorsement of the legality of a decision
taken by local councils, when it can influence sales operations or when it obtained information that people interested in
buying the property did not have access to. The provisions in question shall also apply in the case of the concession or
rental of a property in the public or private property of the State or of the administrative-territorial units. The Secretary
is also prohibited from providing information on the public or private property of the State Of the administrative-territorial
units, subject to sale, concession or rental operations, under conditions other than those provided by law.
Article 33 of the H.G. no. 611/2008 for the approval of the norms regarding the organization and development
of the civil servants' career, presents three cases of conflict of interest in which the secretary of the territorial-
administrative unit can be found, namely: he has patrimonial relations with any of the candidates or his interests, The
spouse who may affect the impartiality and objectivity of the evaluation is a spouse, relative, or relative up to and
including the fourth degree with any of the candidates or with another member of the contest committee or the appeal
panel To be, directly hierarchically subordinate to any of the candidates.
Also in the sphere of conflict of interest are the cases described by art. 95 of Law no. 161/2003, which result
from the direct hierarchical report between the mayor / chairman of the county council and the secretary, in correlation
with art. 116, par. (3) of the Law no. 215/2001, according to which the secretary cannot be a spouse or a first-degree
relative of the mayor under the sanction of dismissal, which implies the same requirements of impartiality and objectivity.
One aspect to be emphasized is that the latter Is more a prohibition than a proper incompatibility, not a cumulation of
functions, but rather a quality that could lead to deficiencies in respecting the conflict of interest regime in terms of
personal interest. A similar situation in practice Advocates respect for the legal framework, within 60 days, the local
elected mayors choose to renounce the local elected, although they should assess their possible risks before being elected.
A particularly interesting aspect to be considered is the case when one of the local councilors is a spouse or
relative of the first degree with the secretary and they have a patrimonial interest related to the subject of a decision to be
adopted by the local council, Applicable provisions of art. 79, paragraph (2) of the Law no. 161/2003, according to which
the Secretary is obliged to abstain from the countersigning and endorsement of the respective decision, in conjunction
with Art. 46, par. (1) of Law no. 215/2001 stipulating that the local councilor who, either personally or through husband,
wife, affinity or relatives up to the fourth degree inclusive, cannot take part in the deliberations and the adoption of the
decisions, has a personal interest in the matter subject to the debates of the council Local and with the provisions of art.
46, par. 2 of the Law no. 215/2001 according to which, the decisions taken by the local council in violation of the
provisions of para. (1) are null and void. Referring to this example, if both the secretary and the local councilor concerned
do not comply with the above-mentioned legal provisions, and the decision of the council is to be adopted, respectively
legally, with the consequence that the personal interest in the By placing the two protagonists in a situation of conflict of
interest, the warning in the public interest signaled by other civil servants or the notification of other local elected persons
or any interested person who is aware of this situation may be an extreme one useful.
In order to monitor conflicts of interest, it is possible to use efficient methods / tools in the documentation of
possible cases of conflicts of interest, such as: requests for information from the Trade Register, requests for information
of public interest based on Law no. 554/2001 on free access to information, documents on the data of the local elected
representatives' declarations, information published in the press.32 In conclusion, the secretary who approves of
administrative acts legality may also have the role of a whistleblower in this case if he / she identifies other situations of
conflict of interest than the one mentioned above, in which local / county councilors can be found, in order to avoid
Annulment of the administrative act.
The special law does not clearly distinguish the conflict of administrative interests from the criminal one, but
in the communiqus made public by the National Integrity Agency a number of cases of conflicts of interest appeared in
the public law relations regarding the public office of secretary of unity Administrative-territorial conflict, conflict of
interests presented in a different way, which takes two forms: conflict of administrative interests and conflict of penal
interests.

32R. Nicolae and others, Integrity of Local Public Administration, Didactic and Pedagogical Publishing House, R.A.Bucureti, 2007, p.
21.
b1) Conflict of administrative interests

The conflict of administrative interests means the violation of the legal regime regarding the conflict of
interests in administrative matters, provided by art. 79, par. (1), lit. A), b) and c) of the Law no. 161/2003. Conflict of
administrative interests also aims at producing a material benefit for himself, his spouse or his first-degree relatives
as regards civil servants. Also, the conflict of administrative interests differs from the conflict of interest Criminal and
under the responsibility of the secretary or civil servants according to the provisions of art. 25, par. (3) of the Law no.
176/2010 stating that the deed of a person who has been found to be in breach of legal obligations regarding conflict
of interest or incompatibility constitutes a disciplinary offense and is sanctioned according to the regulations
applicable to the dignity, function or activity concerned."

b2) Conflict of criminal interests

According to the Criminal Code Law no. 286/2009,33 The conflict of interest, as a crime of service, taken
from Law no. 278/200634 for amending and completing the Penal Code, as well as for amending and completing other
laws, is defined of art. 301 as the act of a civil servant who, in the exercise of his professional duties, has performed an
act or participated in a decision which directly or indirectly obtained a patrimonial benefit for himself or for his spouse
for a relative or For a birch up to the 2nd degree inclusive or for another person who has been in commercial or
employment relations for the past 5 years or from which he has benefited or benefits from any kind, is punished by
imprisonment from one to five Nor the ban on exercising the right to hold a public office. Therefore, we can speak of a
conflict of criminal interests, when the deed has a higher degree of gravity than in the case of incompatibilities and the
conflict of administrative interests, it is provided by the criminal law, so it constitutes an offense and the subject of the
offense is the civil servant in the meaning of art. 2 of the Law no. 188/1999, in this case the secretary of the administrative-
territorial unit. Also, the sanction consists of one to five years imprisonment and a ban on exercising the right to hold a
public office. Concerning the objection of unconstitutionality of the draft law for amending Law no. 286/2009, for the
decriminalization of the conflict of interests, in the sense of its existence only if the employment of relatives or persons
with whom the civil servant was in the employment relationship constitutes an offense and only if the public interest was
damaged, the Constitutional Court Recently decided that eliminating the notion of conflict of interest in the criminal code
and replacing it with the use of the function of favoring certain persons is constitutional.

c) Property control

The third register concerns the verification of assets, this control being regulated by Law no. 115/1996 on the
declaration and control of property of dignitaries, magistrates, of persons with management and control positions and
civil servants35. A legal framework that presents the algorithmic prescription by which the wealth control is carried out
and precisely circumscribes the set of operations to be solved in order to reach the solution, in the parties involved in the
process, the procedures to be followed, the limits within which the courts can act and Their legal obligations.
After the administrative procedure for valuation of wealth by the National Integrity Agency, the State Property
Research is undergoing the administrative procedure of wealth research, according to the law above, having a filtering
role between the National Integrity Agency's assessment and the control activity of the property of the courts. 36 In the
materialization of its competence, the National Integrity Agency, in accordance with the provisions of art. 10 of the Law
no. 115/1996, which regulates the practical way of carrying out the control of the wealth, the research commission
notifies, only on the basis of the report of the property valuation, prepared according to the law.
According to art. 10 par. (1) of the Act, in addition to each Court of Appeal, there is a commission for the
research of the assets that can conduct local investigations or may order the carrying out of an expertise for the
clarification of the case. The decisions that this committee may issue, according to art. 10 ^ 4 of the Law no. 115/1996
may be: referral of the case to a court of appeal within the jurisdiction of the person whose wealth is controlled, if it is
established, on the basis of the administered evidence, that the acquisition of a share of this or of certain specified goods
does not have Justified by the classification of the case by an ordinance when it finds that the provenance of the goods is
justified, the suspension of the control and the referral of the case to the competent Prosecutor's Office, if the offense is
committed in connection with the goods whose origin is unjustified.

33 Published in the "Official Gazette of Romania," Part I, no. 510 of 24 July 2009
34 Published in the "Official Gazette of Romania", Part I, no. 601 of 12 July 2006
35 Published in the "Official Gazette of Romania" Part I, no.263 of 28.10.1996
36T.Chiuariu, Controlul averilor, incompatibilitilor i conflictelor de interese, Editura Hamangiu, 2016, p.137.
d) Administrative litigation

The Fourth Registry has as its object the administrative litigation regarding the control of the assets,
incompatibilities and conflicts of interest and the legal nature of the reports of the National Integrity Agency. Regarding
the legal nature of the reports produced by the National Integrity Agency, these are genuine administrative acts and May
be challenged by the persons concerned at the administrative court under the terms of the Law on administrative
contentious no. 554/200437. A necessary observation is the question of the possibility of challenging the classification
order issued by the commission of property research, which, according to Art. 10 ^ 4, lit. C) of the special law, is not
subject to any appeal, therefore the actions brought by the National Integrity Agency in similar cases are inadmissible.
In this respect, by Decision no. 415/201038, The Constitutional Court of Romania declared unconstitutional the
notification of the administrative contentious instance by the National Integrity Agency in order to control the property.

e) Legal consequences

The Fifth Registry refers to the administrative or criminal liability of a civil servant and the applicable
sanctions in the matter of valuing the assets, incompatibilities and conflicts of interest, as well as to the legal regime of
administrative acts adopted in violation of the law on integrity. Regards sanctions, according to art. 25, paragraph (2) of
the Law no. 176/2010, the sanction of violation of the regime of incompatibilities or the conflict of administrative interests
consists in the disqualification from the right to exercise a public position, with the exception of the electoral ones, for a
period of 3 years from the date of issue, dismissal from the respective public office. In this respect, by Decision no.
418/2014,39 The Constitutional Court found that the provisions of art. 25, par. (2) second sentence of Law no. 176/2010
are constitutional, in so far as the syntagm of the same function refers to all the eligible functions provided by art. (1) of
the same law and no authority can ignore the constitutional meaning thus established. Under the same law, if the person
no longer occupies a public office on the date of incompatibility or conflict of interest, the three-year ban Operates
according to the law, from the date of the final evaluation report, is the final and irrevocable stay of the court's decision
confirming the existence of a conflict of interests or a state of incompatibility. Also, the legislator establishes the
administrative accountability of the civil servant by nature The act of the person found to be incompatible or conflict of
interest constitutes a ground for dismissal or, as the case may be, constitutes a disciplinary offense and is sanctioned
according to the regulations applicable to the dignity, function or activity of the respective person As regards the criminal
liability of the civil servant for committing the offense of conflict of interest, the sanction is provided by Article 301,
Criminal Code.
Regarding the sanction applicable to the liability of the secretary of the territorial administrative unit, related
to the situation of illegally acquired assets, according to art. 18 of Law no. 115/1996, this consists in the confiscation of
unjustified assets or the obligation to pay sums of money equal to the value of the goods, sanctions ordered by a court by
a final and irrevocable court decision. According to art. 26 par. (3) of the Law no. 176/2010, by way of derogation from
the provisions of the special law regulating disciplinary liability, the sanction may be applied within 6 months at most
from the date of the final evaluation report, according to the legal provisions.
If the cause of incompatibility ceased before the notification of the Agency, the disciplinary sanction may be
applied within 3 years after the cessation of the cause of incompatibility, unless the law provides otherwise. Therefore,
in practice, due to the delay in the application of the sanction, there may be a challenge to the evaluation report and,
implicitly, the initiation of an administrative litigation process, resulting in the actual non-application of that sanction, as
a result of the exceeding of the special term from the date of the final evaluation of the National Integrity Agency's
assessment report.
The sanction imposed by art. 101 of the Civil Servants' Statute refers to dismissal from the public office
ordered by administrative act of the person having the legal competence to appoint in the public position as a disciplinary
sanction applied for reasons attributable to the civil servant if a legal reason for incompatibility, And the civil servant
does not act to terminate it within 10 calendar days from the date of the incompatibility case. The administrative act shall
be communicated to the civil servant within 5 working days from the date of issue. Also, the communication of the
administrative act must be made prior to the date of dismissal from the public office.
In the case of committing crimes by the civil servant, the National Integrity Agency shall notify the competent
prosecutor's office for verifying the indications of the possible offense of conflict of interest and shall take all necessary
steps to annul the issued acts, adopted or drawn up in violation of the legal provisions.

37 Published in the "Official Gazette of Romania," Part I, no. 1154 of 7 December 2004.
38 Published in the "Official Gazette of Romania" Part I, no. 294 of May 5, 2010.
39 Published in the "Official Gazette of Romania" Part I, no. 563 of July 30, 2014.
Regarding the administrative acts adopted in violation of the provisions of art. 46, par. 1 of the Law no. 215/2001, these
are null, according to art. 46, paragraph (2) of Law no. 215 / 2001. The nullity is established by the court of administrative
contentious. The action may be brought by any interested person, under the applicable law.

4. CONCLUSIONS AND RECOMMENDATIONS.

At first glance, it would appear that the legal provisions invoked are the ideal form for integrity but,
considering their finality, the situation changes, because the law is sometimes confused, with harmful or superficial
provisions, and we cannot fail to notice the degree of confusion currently existing between incompatibilities and conflicts
of interest or some of the prohibitions provided by law. Also, in practice, there have been a number of deficiencies in
practice: intentionally depositing statements of wealth or Interests that do not reflect their reality or failure to submit them
in due time, lack of thorough knowledge or misinterpretation of the notion of integrity and the applicable legislation,
failure to address the legal provisions of those who have knowledge of incidents of integrity, failure to observe the
operational procedures regarding the implementation of internal managerial control, Not publishing on the website The
local public authority of the declarations of assets / interests, the non-observance of the obligations stipulated by the law
by the person designated to carry out the legal provisions regarding the declaration of assets and interests and the proper
non-prosecution, the non-filling of civil servants in training and monitoring of integrity , The delay in the application of
legal sanctions, the non-observance of the rules deriving from the law, from the Constitution, from the European standards
in the field.
Beyond the still unbridled flame of controversy, the main idea that is being distilled is that the efficiency of
anti-corruption measures, at least locally, is incomplete. Taking into account the fact that there are the risks materialized
by the incidents of integrity, we conclude that they are in contradiction with the moral and legal norms, which is why,
the ferenda law, we propose: the presence of the integrity inspectors in the mayoralties / county councils, by performing
unannounced inspections , the establishment of integrity competencies under the control body of the prefectures, the
obligation to complete an integrity test for the employment of the secretaries of the administrative-territorial units, the
creation of a differentiated framework of incompatibilities and conflicts of interest for the secretaries of the
administrative-territorial unit, all court rulings on the integrity of civil servants and implicitly of secretaries of
administrative-territorial units, increasing the level of knowledge and understanding of integrity standards, Employers
and beneficiaries of public services, increase the degree of implementation of anti-corruption measures by approving the
integrity plan and periodic self-evaluation at the level of local public authorities, ensuring the necessary conditions for
participation of the ethics counselor in vocational training programs having topics such as ethics, conduct and integrity,
Anti-corruption measures at the local level and their communication with all civil servants from the local public authority
concerned.
In addressing the needs of local public administration reform, an important role is played by the process of
reforming the field of integrity, which should be articulated in particular around the principles for the implementation
of anti-corruption measures, in accordance with the needs circumscribed to the public interest. In this regard, the
legislator has the freedom to use examples of lender ferenda so that the completion of specific laws facilitates an
appropriate approach to resolving the concrete situations that have arisen over time in terms of integrity, thus ensuring
the premises of the contextualized application of the rules Legal and moral aspects, and the design of paths to comply
with principles adapted to the current needs of civil servants and, in particular, of the secretary of the administrative-
territorial unit.

BIBLIOGRAPHICAL LIST

1. A.Trilescu, Administrative Law, 4th Edition, C. H. Bech Publishing House, Bucharest, 2010, p.143.
2. R.Nicolae et al., Integrity of local public administration, Didactic and Pedagogical Publishing House, R. A.
Bucureti, 2007.
3. T. Chiuariu, Control of Property, Incompatibilities and Conflicts of Interest, Hamangiu Publishing House,
2016, p.137.
4. Guidelines on Incompatibilities and Conflicts of Interest, Edition 2016, p. 29, www.integritate.eu.
5. Law no.188 / 1999 published in the "Official Gazette of Romania", Part I, no. 251 of March 22, 2003.
6. Law no. 115 of 19 May 2015 for the election of the local public administration authorities, for the
modification of the Local Public Administration Law no. 215/2001, as well as for amending and completing the
Law no. 393/2004 on the Statute of local elected officials published in the "Official Gazette of Romania", Part I
no. 349 of 20.05.2015.
7. Order nr. 400 of 12 June 2015 for the approval of the Managing Internal Control Code of public entities
published in the "Official Gazette of Romania", Part I no. 444 of 22.06.2015, Annex 1, point 1.1.
8. Law no. 144/2007 on the establishment, organization and functioning of the National Integrity Agency,
republished in the "Official Gazette of Romania", Part I, no. 535 of 3 August 2009.
9. Law no. 7 of 18 February 2004 on the Code of Conduct for Civil Servants, republished in the "Official
Gazette of Romania", Part I, no. 525 of 2 August 2007.
10. Government Decision no. 583 of 10.08.2016, published in the "Official Gazette of Romania" Part I, no. 644
of 23 August 2016.
11. Law no.147 / 2002, published in the "Official Gazette of Romania", Part I, no. 260 of 18 April 2002.
13. Law no. 365/2004, published in the Official Gazette of Romania, Part I, no. 903 of October 5, 2004.
14. International Code of Conduct for Public Officials was adopted by Resolution 51/59 of O.N.U. General
Assembly. Of 12 December 1996, www.un.org/documents/ga/res/51/a51r059.htm ..
15. Law no. 682 of 19 December 2002 on the protection of witnesses, republished in the "Official Gazette of
Romania," Part I, no. 288 of April 18, 2014.
16. Law no. 571/2004 regarding the protection of personnel from public authorities, public institutions and
other units reporting violations of the law, published in the "Official Gazette of Romania", Part I, no.1214 of
December 17, 2004.
17. Law no.161 / 2003, published in the "Official Gazette of Romania", Part I, no. 279 of 21 April 2003.
18. Law no. 176/2010, published in the "Official Gazette of Romania", Part I, no.621 of September 2, 2010.
19. Local Public Administration Law no. 215/2001, republished in the "Official Gazette of Romania", Part I,
no. 123 of 20 February 2007.
20. The European Union Charter of Fundamental Rights, http: //eur-lex.europa.eu.
21. The Constitution of Romania, republished in the "Official Gazette of Romania", Part I, no. 767 of 31
October 2003.
22. Government Decision no. 611/2008 for the approval of the norms regarding the organization and
development of the civil servants' career, published in the "Official Gazette of Romania", Part I, no. 530 of July
14, 2008.
23. Law no. 514 of 28 November 2003 published in the "Official Gazette of Romania", Part I, no. 867 of 5
December 2003.
24. Order of the Ministry of Finance no. 923 of 2014 published in the "Official Gazette of Romania" Part I, no.
555 of 28 July 2014.
25. Law no. 393 of 2004 on the Statute of Local Elected, published in the "Official Gazette of Romania", Part I,
no. 912 of 7 October 2004.
26. Order of the President of the National Agency of Civil Servants no. 3753/2015 of November 3, 2015,
regarding the monitoring of observance of the norms of conduct by civil servants and the implementation of
disciplinary procedures, published in the "Official Gazette of Romania", Part I, no. 844 of 12 November 2015.
27. Law on the Penal Code no. 286/2009, published in the Official Gazette of Romania, Part I, no. 510 of 24
July 2009.
28. Law no. 278/2006, published in the "Official Gazette of Romania", Part I, no. 601 of 12 July 2006.
29. Law no. 115/1996 for the declaration and control of the property of dignitaries, magistrates, persons with
management and control positions and civil servants, published in the "Official Gazette of Romania" Part I,
no.263 of 28.10.1996.
30. The law of administrative contentious no. 554/2004, published in the "Official Gazette of Romania," Part I,
no. 1154 of 7 December 2004.
31. Decision of the Constitutional Court of Romania no. 415/2010, published in the "Official Gazette of
Romania" Part I, no. 294 of May 5, 2010.
32. Decision of the Constitutional Court of Romania no. 418/2014, published in the "Official Gazette of
Romania" Part I, no. 563 of July 30, 2014.
33. https: //dexonline.ro.
https://www.integritate.eu.
34. http: //www.coe.int/t/dghl/monitoring/greco/evaluations/round3/ReportsRound3_en.asp.
35. http: //www.oecd.org/corruption/acn/preventionofcorruption/; http: //www.oecd.org/corruption/anti-
corruption-reforms-eastern-europe-central-asia-2013.htm.