What
you need to know if you are a civil servant and want to run in the 2020 local
government elections
General information:
• CAN CIVIL SERVANTS BE ELECTED OR APPOINTED IN A PUBLIC DIGNITY OFFICE?
Civil servants may be elected or appointed to a position of public dignity, under the conditions of the Administrative Code and in compliance with the conditions provided by Law no. 161/2003. [1]
• CAN CIVIL SERVANTS BE MEMBERS OF POLITICAL PARTIES?
Civil servants may be members of legally constituted political parties, subject to the prohibitions and limitations provided by the Administrative Code [2], except for senior civil servants and general secretaries of the administrative-territorial unit / subdivision, under penalty of dismissal [3].
• CAN CIVIL SERVANTS BE MEMBERS OF THE GOVERNING BODIES OF POLITICAL PARTIES OR CAN THE PUBLICS OF A POLITICAL PARTY PUBLICLY DEFEND THEIR POSITIONS?
Civil servants are prohibited from being members of the governing bodies of political parties and from expressing or publicly defending the positions of a political party [4].
• ARE PROHIBITIONS AND LIMITATIONS ESTABLISHED REGARDING THE INVOLVEMENT OF PUBLIC OFFICIALS IN POLITICAL ACTIVITY?
Prohibitions and limitations regarding the involvement of civil servants in the political activity are established by the Administrative Code [5].
Example:
In the exercise of public office, civil servants are prohibited from:
• participating in the collection of funds for the activity of political parties, of organizations to which the same legal regime is applicable as for political parties, of foundations or associations operating with political parties, as well as for the activity of independent candidates;
• providing logistical support to candidates for positions of public dignity;
• displaying, within public authorities or institutions, signs or objects inscribed with the logo and / or name of political parties, organizations to which the same legal regime applies as political parties, foundations or associations operating alongside political parties, candidates as well as independent candidates;
• using the acts they perform in the exercise of their duties in order to express or manifest their political beliefs;
• attending public political meetings during working hours.
• HOW IS THE VIOLATION OF THE PROVISIONS REGARDING DUTIES AND PROHIBITIONS PUNISHED?
Violation of the provisions regarding duties and prohibitions established by law for civil servants, other than those related to conflicts of interest and incompatibilities, constitutes a disciplinary violation [6].
• WHAT HAPPENS IN CASE OF INFRINGEMENT OF INCOMPATIBILITY PROVISIONS?
Violation of the provisions regarding incompatibilities, if the civil servant does not act for their termination within 15 calendar days from the date of intervention of the case of incompatibility, constitutes a disciplinary violation [7].
Dismissal from public office is applied by administrative act and directly by the person who has the legal competence to appoint in public office( example: mayor, president of county council, minister, etc., as appropriate ), if a legal reason for incompatibility, and the civil servant does not act for its termination within 15 calendar days from the date of intervention of the case of incompatibility.
The situation of incompatibility is ascertained and sanctioned under the conditions of Law no. 176/2010, with subsequent amendments and completions [8].
PARTICULARS BY PUBLIC SERVICE CATEGORIES
HIGHER CIVIL SERVANTS
1. PREFECTS AND DEPUTY PREFECTS [9]:
• CAN SENIOR PUBLIC OFFICIALS BE MEMBERS OF A POLITICAL PARTY?
Civil servants who, according to the law, are part of the category of senior civil servants cannot be members of a political party, under the sanction of dismissal from public office [10].
• CAN PREFECTS AND DEPUTY PREFECTS CANDIDATE AND PARTICIPATE IN THE ACTIONS OF THE ELECTION CAMPAIGN?
Prefects and deputy prefects cannot run and cannot participate in the actions of the electoral campaign, under the sanction of dismissal. Their candidacy or participation in the actions of the electoral campaign is possible only if resigns, at least 50 days before the election date . [11]
A civil servant who holds the public office of prefect or deputy prefects, in case he intends to run in the local elections must resign from this public office 50 days before the date of the elections. For civil servants who have held the public positions of prefect and deputy prefects by temporary exercise, it may be ordered to terminate this measure, returning to the public positions from which the modification of service relations was ordered, with the possibility to run according to the rules applicable to the public position management or execution held.
Considering that the date of the elections for the local public administration authorities from 2020 was set on Sunday, September 27, 2020 (art. 1 of Law no. 135/2020), the term of 50 days is fulfilled on August 8, 2020.
2. DEPUTY SECRETARIES GENERAL AND SECRETARY GENERAL OF THE PUBLIC AUTHORITIES AND INSTITUTIONS OF THE CENTRAL PUBLIC ADMINISTRATION, INCLUDING THE ORDINARY ADMINISTRATIVE AUTHORITIES
• CAN SECRETARIES-GENERAL, DEPUTY SECRETARIES-GENERAL AND GOVERNMENT INSPECTORS CANDIDATE IN LOCAL ELECTIONS?
Secretaries-General, Deputy Secretaries-General and Government Inspectors who are not members of a political party may run as independents in local elections.
In order to participate in the electoral campaign, during the electoral campaign and until the day after the elections, the service report is suspended at the initiative of the civil servant. In this case, it is mandatory to inform the public authority or institution:
- at least 5 working days before the incidence of the suspension situation,
- 15 days before the date of cessation of the reason for suspension at the initiative of the civil servant, but not later than the date of becoming aware of the reason for termination of suspension, in order to issue the administrative act resuming the activity [12].
PUBLIC MANAGEMENT AND EXECUTION OFFICIALS
• CAN MANAGEMENT OR EXECUTIVE CIVIL SERVANTS CANDIDATE IN LOCAL ELECTIONS?
Leading or executing civil servants who are members of legally constituted political parties, without being members of the governing bodies of political parties, as well as those who are not part of political parties, may run in local elections, with the obligation to suspend relations at their own initiative during the election campaign and until the day after the elections. In this case, it is mandatory to inform the public authority or institution:
- at least 5 working days before the incidence of the suspension situation,
- 15 days before the date of cessation of the reason for suspension at the initiative of the civil servant, but not later than the date of becoming aware of the reason for termination of suspension, in order to issue the administrative act resuming the activity [12].
• CAN THE GENERAL SECRETARIES OF THE ADMINISTRATIVE-TERRITORIAL UNIT / SUBDIVISION CANDIDATE FOR LOCAL ELECTIONS?
The civil servant holding the specific public management position of general secretary of the administrative-territorial unit, who is not a member of a political party, has the possibility to run as an independent in local elections, with the obligation to suspend service relations at his initiative during the election campaign and until the day after the elections. In this case, it is mandatory to inform the public authority or institution:
- at least 5 working days before the incidence of the suspension situation,
- 15 days before the date of cessation of the reason for suspension at the initiative of the civil servant, but not later than the date of becoming aware of the reason for termination of suspension, in order to issue the administrative act resuming the activity [12].
WHAT HAPPENS AFTER ELECTION TO A PUBLIC DIGNITY FUNCTION?
In the case of general secretaries, deputy general secretaries within the public authorities and institutions of the central public administration, government inspectors, general secretaries of administrative-territorial units / subdivisions, of civil servants and civil servants public executions , who are elected to a position of public dignity, the service report is suspended by law for that period .
In order to resume the activity and to issue the administrative act of resumption of activity, it is mandatory to inform in writing the person who has the legal competence of appointment to public office, about this fact, 15 days before the date of termination of the reason for suspension, but not later than the date of notification of the reason for the termination of the suspension [15].
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[1] book I, title IV of Law no. 161/2003, with subsequent amendments and completions and art. 420 of GEO no. 57/2019, with subsequent amendments and completions
[2] art. 242 para. (4) and art. 420 of GEO no. 57/2019, with subsequent amendments and completions
[3] book I, title IV of Law no. 161/2003, with subsequent amendments and completions and art. 420 of GEO no. 57/2019, with subsequent amendments and completions
[4] art. 98 para. (2) of book I, title IV of Law no. 161/2003, with subsequent amendments and completions
[5] art. 242, 420, 436, 460 and 462 of GEO no. 57/2019, with subsequent amendments and completions
[6] art. 492 para. (2) lit. k) from GEO no. 57/2019, with subsequent amendments and completions
[7] art. 492 para. (2) lit. k) from GEO no. 57/2019, with subsequent amendments and completions
[8] art. 520 lit. b) from GEO no. 57/2019, with subsequent amendments and completions
[9] the regime of incompatibilities and conflict of interests applicable to the position of prefect and subprefect are provided by book I, title IV of Law no. 161/2003, with the subsequent modifications and completions, and the ascertainment and sanctioning of the state of incompatibility and of the conflict of interests for the persons holding the position of prefect and subprefect is made under the conditions of Law no. 176/2010, with subsequent amendments and completions, (art. 274 of GEO no. 57/2019 on the Administrative Code, with subsequent amendments and completions)
[10] art. 98 para. (2) of book I, title IV of Law no. 161/2003, with subsequent amendments and completions
[11] art. 119 of Law no. 115/2015, with subsequent amendments and completions
[12] art. 514 para. (1) lit. h) linked to aer. 514 para. (2) and (3) from GEO no. 57/2019, with subsequent amendments and completions
[13] art. 514 para. (1) lit. h) linked to aer. 514 para. (2) and (3) from GEO no. 57/2019, with subsequent amendments and completions
[14] art. 514 para. (1) lit. h) linked to aer. 514 para. (2) and (3) from GEO no. 57/2019, with subsequent amendments and completions
[15] art. 513 para. (1) lit. b) and para. (2) from GEO no. 57/2019, with subsequent amendments and completions