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Jacob Bronowski
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Change of Employment, Working Under Previously Supervised Body

What is this?

An official must not within 1 year become a shareholder or a member of a management body or supervisory body of a company over which he or she performed direct or continuous supervision within the past year. In exceptional cases, considering the size of the local government, the specifics of the position or the small number of persons meeting the prescribed requirements, consent thereto may be granted by a person holding the right of appointing to the position. An exceptional consent is given only pursuant to the procedure prescribed in the Administrative Procedure Act. NB! This restriction applies only to officials and only in cases where the supervision was performed directly and continuously (i.e. it is not just a one-off supervisory activity but a systematic activity).

A Ministry’s Department Head becomes a museum’s Director

A Ministry's Department Head runs for the position of a museum’s Director and prevails over the competition. As an official of the Ministry, he has substituted for the Heads of another department with the consent of his direct superior and for a few individual cases and for one-off duties, whereas the other Department Head’s duties included inter alia the performing of supervision over the museum in question. The Department Head having run for the position of the museum’s Director did not perform any direct supervisory action over the museum.

Yes

From this description it becomes apparent that the Department Head who ran for the museum’s Director has dealt with the supervision of museums on a few occasions only, when substituting for the Head of another department. As this Department Head did not perform direct and ongoing supervision over the museum, the occurrence of a conflict of interests is improbable and the former official may start working as the museum’s Director.

A Ministry’s Head of Department becomes the CEO of a company with state holding

A Ministry’s Head of Department wishes to start working in the management body of a company with state holding. While working in the Ministry, the Department Head belonged into the company’s Supervisory Board as the state’s representative. In the Supervisory Board, the Department Head has factually participated in making decisions concerning the company’s activities.

No

Considering that the Department Head has belonged into the Supervisory Board of the company with state holding, it can be presumed that he has participated in making decisions concerning the company’s activities. The purpose of this restriction is to prevent the situation where an official decides matters related to a company and then starts executing the decisions him/herself. 

Former Project Manager of a non-profit association starts working in a state authority performing supervision

The non-profit association (NPA) implements a project funded partly from the Ministry’s budget and the Ministry is also responsible for the project’s supervision. During the project, the Project Manager terminates her employment relationship with the NPA and runs for the position of the Ministry's supervisory official in an open competition. The new position is in the department that performs supervision over her former NPA’s project as well.

Yes

Although the laws do not regulate the revolving door effect described in the case in question (unlike the movement from the public sector to the private sector), a Project Manager of an NPA may run for a position in the Ministry but if chosen, she must not deal with the matters of implementation and funding of that specific project. She would not be able to act unbiasedly and objectively concerning the NPA project. If her official tasks directly pertain to the NPA where she was a Project Manager, a deputy should be assigned as the project’s supervisor.