Capabilities

Incompatibilities

Chiuariu & Associates is an uncontested market leader in the field of client representation in proceedings involving matters of integrity: incompatibility, conflict of interests and control of wealth (for the latter field, see Confiscation).

Promoting integrity in the public sector has been a priority for the Romanian society since 2003, because it represents a way of preventing acts of corruption, committed by public/elected officials. The institution of incompatibilities and conflicts of interests, and their respective sanctions, constitute limitations on fundamental rights and liberties.

The legal framework is a patchwork of regulations, which are sometimes affected by normative parallelism, constantly modified, lacking correlation, a fact which often required the intervention of the Constitutional Court or the High Court, through their respective mechanisms of mandatory interpretation (unconstitutionality decisions, appeals in the interest of the law, preliminary ruling on questions of law). Consequently, the legal framework is susceptible to interpretation that is contrary to the fundamental rights of the evaluated persons, giving rise to abuses by authorities.

Our vast experience in the field places us in the optimal position to ensure that the rights of the evaluated persons will be respected and that the penalties that are applied to them are not illegal or disproportionate.

Our team at Chiuariu & Associates is outstandingly experienced in this field, ensuring legal assistance and representation in cases which deal with challenging evaluation reports drafted by ANI, with a success rate of over 75%, all from 2010.

Our expertise in the field is not limited to challenges brought before the courts from administrative jurisdictions, but we can also offer assistance in connected matters which date to before (consultancy regarding the prevention of integrity incidents, representation in the administrative procedures before ANI, qualified opinions), as well as after (challenging the penalty, setting aside electoral prohibitions) such procedures.

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