The policies of identifying and managing conflicts of interest of civil servants in the civil service

Julejda Gërxhi Afet Mamuti
Abstract:
At the core of preventing and managing conflicts of interest are a set of principles that underlie the functioning of a democratic state and service of its citizens. Thus, principles such as transparency and impartiality in decision-making, the integrity of officials and keeping in mind the best interest of potential public during the decision-making, public confidence and increase his confidence in the government, form the basis of identifying policies and management of conflicts of interess or civil servants. Albanian law to prevent conflicts of interest is a law in its entirety, permeated by a spirit of somewhat stringent restrictions on civil servants. Such limitations have been given as the need to secure a decision as fair and impartial in the public interest, and the current state of the low level of public trust and confidence in the integrity of government institutions. The policy followed for identifying and managing conflicts of interest can be analyzed by doing, at first, a distinction between direct action policies in the field of conflict of interest (which are intended to prevent potential situations of conflict of interest through the specific regulatory provisions as laws and regulations) - and indirect action policies (aimed at preventing these situations by organizing public administration reform). In the context of direct action policies should distinguish between: cases in which the legislator has aimed to identify the ex - ante (before that happens) situations which could lead to conflicts of interest and cases or decisions designed to determine the important rules and non-specific prevention clause requiring verification on a case by case ex - post (as is) in order to decide whether an individual case is inconsistent with the general framework legislative described above (ie the ex-ante). Indirect action policies intended to prevent situations of conflict of interest by reforming the organizational structure of Public Administration and designed to create favorable conditions to prevent civil servants, recruited by the political institutions “to invade” the area in which administrative discretion is exercised.

Keywords:
civil servants, conflicts of interest, the policy, law, prevention and management

Full text available in PDF: Academicus-MMXI-3-134-144.pdf

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