THE DISCIPLINARY OFFENCES OF INCOMPATIBILITY AND CONFLICT OF INTERESTS REGARDING PUBLIC OFFICIALS, AS PROVIDED FOR BY THE LEGISLATION OF ROMANIA, ARE OF AN CRIMINAL NATURE UNDER ARTICLE 6, PARAGRAPH 1 ECHR
THE DISCIPLINARY OFFENCES OF INCOMPATIBILITY AND CONFLICT OF INTERESTS REGARDING PUBLIC OFFICIALS, AS PROVIDED FOR BY THE LEGISLATION OF ROMANIA, ARE OF AN CRIMINAL NATURE UNDER ARTICLE 6, PARAGRAPH 1 ECHR
Author(s): Tudor ChiuariuSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, EU-Legislation
Published by: Universul Juridic
Keywords: incompatibility; conflict of interests; criminal limb of Article 6 ECHR; ECHR Cătăniciu Decision; ECHR Manta Decision;
Summary/Abstract: The article analyses the disciplinary offences of incompatibility and conflict of interests through the lenses of the EHCR standards on criminal matters, giving a critical account of the latest case-law evolutions in the field and is structured in three parts: firstly, the offences are analysed according to the national legislation of Romania; secondly, the development of the autonomous concept of ”criminal offence”, according to Article 6 of the Convention, based on the relevant case-law of the Court, is summarized; thirdly, the latest developments on the matter from the Strasbourg Court’ jurisprudence are identified and critically assessed in context of its former case law and standards.
Journal: Law Review
- Issue Year: 2019
- Issue No: Supliment1
- Page Range: 51-61
- Page Count: 11
- Language: English
- Content File-PDF