The incompatibilities of public officials

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Incompatibility we understand the impossibility of reconciling the functions inherent to the position of public official , with the performance, either by itself or through substitution, of a second job or position in the public sector, except in the cases provided for by law. Basically, this regime is based on the need to apply the principle of dedication of personnel in the service of Public Administrations to a single job, with no further exceptions than those required by the Public Service and this so that private activities do not impede or undermine the fulfillment of duties or may compromise the impartiality and independence of public officials . II. Applicable legal regime The legal regime applicable to the incompatibilities of public officials is based on article of the Spanish Constitution, which provides that this must be regulated by Law. More specifically, the applicable regulations are regulated in Law /, of December , on Incompatibilities of Personnel in the Service of Public Administrations (hereinafter, LIPSAP), developed by Royal Decree /, of April

Subjects subject to the regime of incompatibilities of public officials The regime of incompatibilities of public officials is governed by a general principle of “non-compatibility” of their Cell Phone Number List functions as an official with a second job or position, also in the public sector. The first thing we must analyze, taking into account the above, is what LIPSAP understands by activity in the public sector . Well, the first precept of the aforementioned law indicates that activity in the public sector will be understood to be that carried out by the elected members of the Legislative Assemblies at the autonomous and local level, senior officials and staff of constitutional bodies and public administrations, encompassing in the latter, the Administration of Justice and the entities, organizations that depend on it, as well as the collaborating and concerted entities of Social Security. The regime of incompatibilities included in the LIPSAP is applicable to people who are at the service of the Public Administration, both public officials and labor personnel, that is, to: All civil and military personnel who perform functions for the State Administration and Public Organizations. Those who hold a position in the autonomous administrations and the organizations dependent on them, as well as the legislative assemblies and institutional bodies of an autonomous nature. The staff of the Local Corporations and the Organizations dependent on them.



People who work for public entities and organizations to which the Law of Autonomous State Entities does not apply. Those paid through tariffs. The staff of Social Security and all the Managing Entities that depend on it. Likewise, it will apply to the staff of entities, foundations, corporations and consortia that are financed at least % with subsidies or public money. People who are employed in a company in which the participation of the public Administration exceeds % of the capital. The staff of the Bank of Spain and public financial institutions. And the rest of the personnel that falls within the scope of application of the public official statute . Once the subjective scope to which the incompatibilities apply has been determined , we move on to see what they consist of. IV. The incompatibilities of public officials As we have been studying, the legislation establishes a general principle of incompatibility of a second job in the public sector or even in the private sector, regardless of whether it is employed or self-employed, when said second job is incompatible. with the functions he exercises in that first position as a public official . In any case, as provided in article of the LIPSAP, public officials may not carry out the following activities: It will not be compatible for the people described in the previous section to intervene in matters in which they are acting as public personnel, within the last two years or will intervene.