Exceptions to the public employees’ incompatibilities regime

Abstract

The purpose of this paper is to show an analysis of the normative and practical dysfunctions that are presented in the legal application of the exceptions to the public employees’ incompatibilities regime of art. 19 of the Law 53/1984, of December 26, of incompatibilities of the Public Administrations’ service staff (LI) and in the scarce regulations of development. We will analyze the most controversial aspects of the exceptions and address the delimitation of indeterminate legal concepts, expanding more in the analysis of the exception referred to the administration of personal and family assets, as a kind of «hodgepodge» to which public employees resort when they are caugth in the exercise of a second activity, to finally make a series of proposals for normative change in order to guarantee the coordination of the regulatory principles of the legal regime of public servants with the exercise of a second activity. Finally, we will deal with a specific case referred to officials with national qualifications, which arises in the day to day, excepted for this law by the peculiar regime that applies to these officials.