Perspectivă teoretică și jurisprudențială asupra „învelișului juridic” al stării de incompatibilitate a funcționarului public
Theoretical and jurisprudential perspective on the „legal framework” of the state of incompatibility of civil servants

Summary/Abstract: The study aims to analyze the regime of incompatibilities in the exercise of a public function or dignity. He starts from a practical case, where the fundamental legal issue is whether the state of incompatibility also exists in the situation where the holder of a public office has suspended himself from the basic office before taking over and effectively and exclusively exercising the second office, public or contractual. Unfortunately, the High Court validated the practice that the National Integrity Agency validated, in the sense that the suspension from office only suspends the exercise, not the holding of the office. Moreover, the formula has been established, unsupported by any normative act or doctrine, that we should make a difference between suspension by right and that ordered by request. Such approaches affect the regime of incompatibilities and the reason why they were instituted and affect the fundamental right, the right to work, guaranteed by art. 41 of the Constitution.

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