EXCLUSIVITY REGIME RULE

The fulfilment of public functions is, as a rule, made on an exclusivity basis

The fulfilment of other functions may be authorised, in accumulation with:

» Public functions

» Private functions

» REGIME OF ACCUMULATION OF PUBLIC FUNCTIONS

The fulfilment of public functions may be accumulated with the performance of other public functions provided that:

» The functions accumulated are not remunerated

» There is recognized public interest in the accumulation

Having recognized public interest, the accumulation of remunerated functions may be authorised in cases of:

Ex officio duties

Activities of representation of bodies or services or of the ministry

» Participation in commissions, advisory councils, working groups or other collegiate organs

» Temporary, complementary activities of the main function

» Teaching activities or of scientific research

» Holding of lectures, conferences and training actions of short duration

» REGIME OF ACCUMULATION OF PRIVATE FUNCTIONS

The fulfilment of private functions in accumulation may be authorised

The fulfilment of private functions in accumulation with or without compensation, with or without autonomy and directly or through an intermediary person may not be authorised in the following cases:

» Being the private functions similar and conflicting with public functions

» Being legally deemed incompatible

» Being developed in an overlapped work schedule, even though partially

» Jeopardise the neutrality and impartiality demanded for the performance of public functions

» Bring about damage for the public interest or for citizens? rights

» AUTHORISATION FOR ACCUMULATION OF PUBLIC OR PRIVATE FUNCTIONS

The accumulation of public functions with other public or private functions depends upon request of the person concerned, and therein must be set out:

» Place of the fulfilment of the function to be accumulated

» Work schedule to respect

» Remuneration to receive, if applicable

» Autonomous or subordinated nature of the work

» Grounds that justify and legitimate accumulation

» Commitment of termination of activity in the case of such activity shows to be conflicting with public functions