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

Tudor CHIUARIU

 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.

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