Conflict Of Interest In The Private Sector

  • C. Stoica
  • Marieta Safta
Keywords: сonflict of interest, private sector, Romanian law, regulation and sanctioning.

Abstract

This article is devoted to conflict of interest in the private sector. In this study, the authors referred to a decision which, although pronounced in criminal matters, had a significant impact on business law relations, namely on the freedom of action of persons, circumscribed in this case to labour rights and to economic freedom. This refers to the ascertainment of unconstitutionality regarding the criminalization of conflict of interest in the private sector.
The analysis of the legislation and the decisions of the Court is provided. The author concludes that аs a result, at present, if the acts of persons in the private sector of the kind of those described in this article are causing damage, civil liability of labour law or other form of accountability that does not involve the coercive force of the State, by means of criminal law, may be invoked against such persons.

References

This article is devoted to conflict of interest in the private sector. In this study, the authors referred to a decision which, although pronounced in criminal matters, had a significant impact on business law relations, namely on the freedom of action of persons, circumscribed in this case to labour rights and to economic freedom. This refers to the ascertainment of unconstitutionality regarding the criminalization of conflict of interest in the private sector.
The analysis of the legislation and the decisions of the Court is provided. The author concludes that аs a result, at present, if the acts of persons in the private sector of the kind of those described in this article are causing damage, civil liability of labour law or other form of accountability that does not involve the coercive force of the State, by means of criminal law, may be invoked against such persons.
Published
2019-06-23
Section
Articles