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Question 1Constitutional and Legal Framework of Public Administration
Under the Constitution of the Republic of Moldova, who is the head of state and guarantor of national sovereignty, independence, unity and territorial integrity?
- The Constitutional Court
- The Prime Minister
- The President of the Parliament
- The President of the Republic of Moldova Correct answer.
Explanation
The Constitution assigns the role of head of state and guarantor of sovereignty, independence, unity and territorial integrity to the President of the Republic of Moldova. The President also represents the state in foreign relations. This is a foundational provision defining the presidency within the constitutional order.
Question 2Constitutional and Legal Framework of Public Administration
In Moldova, the Parliament is the supreme representative body of the people and the sole legislative authority. Which function follows directly from this constitutional status?
- Adopting and amending laws within its legislative competence Correct answer.
- Appointing the President of the Republic by popular mandate
- Directing the activity of the prosecutor's office
- Administering local public finances in each district
Explanation
As the sole legislative authority, the Parliament's core function is adopting laws, including constitutional and organic laws, within its competence. Other bodies implement or apply legislation but cannot legislate. This distinguishes the legislature from executive and judicial institutions.
Question 3Constitutional and Legal Framework of Public Administration
A citizen asks which body exercises constitutional jurisdiction in Moldova and may declare a law unconstitutional. Which answer is correct?
- The Court of Accounts
- The Superior Council of Magistracy
- The Supreme Court of Justice
- The Constitutional Court Correct answer.
Explanation
The Constitutional Court is the sole body of constitutional jurisdiction and can declare laws or other normative acts unconstitutional. Its decisions on unconstitutionality are final and binding. Ordinary courts apply the law but do not hold this review power.
Question 4Constitutional and Legal Framework of Public Administration
In the Moldovan administrative system, what is the central specialized body of public administration subordinated to the Government that implements state policy in a defined sector?
- A mayor's office
- A district council
- A local referendum commission
- A ministry Correct answer.
Explanation
Ministries are central specialized public administration bodies that implement government policy in specific sectors. They are led by ministers who are members of the Government. Local councils and mayors' offices belong to local public administration.
Question 5Constitutional and Legal Framework of Public Administration
Which principle requires public administration authorities to act only on the basis of and in execution of the law?
- The principle of transparency
- The principle of legality Correct answer.
- The principle of decentralization
- The principle of subsidiarity
Explanation
The principle of legality means public authorities may act only within the powers granted by law and must execute it faithfully. It constrains administrative discretion and protects citizens from arbitrary action. Other principles organize how administration is structured or communicated, not the primacy of law.
Question 6Constitutional and Legal Framework of Public Administration
A civil servant is asked what the Constitution says about the exercise of public power in Moldova. Which statement reflects the constitutional rule?
- Public power is exercised at the discretion of the office holder
- Public power is exercised only under the law and in the public interest Correct answer.
- Public power is exercised according to internal administrative custom
- Public power is exercised only with prior approval of the courts
Explanation
The Constitution subjects the exercise of state power to the rule of law and the public interest. Discretion exists only within the limits set by law. This underpins accountability of civil servants to citizens and the state.
Question 7Constitutional and Legal Framework of Public Administration
Which of the following is a basic requirement for entering the civil service in Moldova?
- Being a member of a registered political party
- Holding the required education and meeting the general conditions set by law Correct answer.
- Owning property in the locality of the workplace
- Having prior elected office experience
Explanation
Entry to the civil service depends on meeting the education, experience and general conditions established by law and the competition announcement. Political affiliation, electoral experience and property ownership are not lawful entry conditions. Selection must respect equal access and merit.
Question 8Constitutional and Legal Framework of Public Administration
What is the main purpose of a public consultation in the Moldovan administrative decision-making process?
- To determine the salary of the responsible civil servant
- To allow interested parties to express views on a draft normative act before adoption Correct answer.
- To transfer decision-making authority to civil society organizations
- To replace parliamentary approval of the draft act
Explanation
Public consultations give citizens, businesses and civil society the chance to comment on draft normative acts before they are adopted. They improve the quality and legitimacy of decisions but do not transfer decision-making power. The adopting authority remains responsible for the final act.
Question 9Constitutional and Legal Framework of Public Administration
A ministry prepares a draft regulation affecting businesses. Under the transparency framework, what must accompany the draft when it is submitted for adoption?
- A list of employees who drafted the text
- An explanatory note and, where required, a regulatory impact analysis Correct answer.
- A confidential annex excluding public access
- A certificate that no consultation took place
Explanation
Draft normative acts must be accompanied by an explanatory note setting out the purpose and justification, and by a regulatory impact analysis where the law requires it. These documents support informed decision-making and public scrutiny. Personal drafting records and exclusion of access are not substitutes.
Question 10Constitutional and Legal Framework of Public Administration
A citizen submits a request for information to a public authority. Which rule reflects the applicable Moldovan framework on access to information?
- The authority must always charge a fee equal to the cost of the entire file
- The authority must respond within the statutory term and may refuse only on grounds expressly provided by law Correct answer.
- The authority may refuse whenever the request is inconvenient for its work
- The authority may ignore the request if the information is not already published
Explanation
Access to official information is the rule, and refusal is possible only for grounds expressly listed in the law, within statutory deadlines. Inconvenience or non-publication is not a lawful ground for refusal. Any fee is limited to the actual cost of copying or delivery as regulated.
Question 11Constitutional and Legal Framework of Public Administration
A civil servant receives an instruction from a superior that would require acting contrary to law. What does the civil service framework require?
- Refuse to execute the manifestly unlawful instruction and notify the superior in writing Correct answer.
- Refer it to a political party for guidance
- Execute it because obedience to superiors overrides legality
- Execute it and remain silent to preserve hierarchical discipline
Explanation
The legality principle prevails over hierarchical obedience: manifestly unlawful instructions must not be executed and the refusal should be recorded and reported in writing. This protects both the public interest and the official. Obedience does not legitimize illegality.
Question 12Constitutional and Legal Framework of Public Administration
Which body is competent to approve the Regulation on the organization and functioning of a ministry?
- The Government Correct answer.
- The district council
- The Parliament
- The Constitutional Court
Explanation
The Government organizes the central public administration, and the regulation on a ministry's organization and functioning is approved at government level. Parliament creates the legal framework through legislation but does not approve each ministry's internal regulation. Courts and local councils have no such competence.
Question 13Constitutional and Legal Framework of Public Administration
A local council adopts a decision that conflicts with an organic law. Which mechanism best describes the legal response available?
- The decision automatically prevails because it is closer to citizens
- The decision becomes valid because local autonomy is unlimited
- The decision can only be repealed by a local referendum
- The decision may be challenged in administrative court and suspended or annulled as unlawful Correct answer.
Explanation
Local autonomy operates within the law, so a council decision contrary to an organic law can be challenged before the administrative court and suspended or annulled. Local authorities cannot override national legislation. Autonomy is not sovereignty.
Question 14Constitutional and Legal Framework of Public Administration
What distinguishes a normative administrative act from an individual administrative act?
- An individual act can only be adopted by the Parliament
- A normative act contains general rules applicable to an indeterminate category of persons Correct answer.
- A normative act applies only to the person named in its heading
- An individual act establishes general rules for future cases
Explanation
Normative acts lay down general, impersonal rules for an indeterminate set of addressees, while individual acts resolve a specific case for identified persons. This distinction affects publication, entry into force and judicial challenge. Only normative acts require official publication to take effect.
Question 15Constitutional and Legal Framework of Public Administration
A candidate asks which document governs the general framework of the civil service in Moldova, including rights, duties and disciplinary liability of civil servants. Which is correct?
- The Law on local public administration
- The Regulation of the Constitutional Court
- The Civil Code
- The Law on the civil service Correct answer.
Explanation
The civil service law establishes the status of civil servants, including rights, obligations, career and disciplinary rules. The Civil Code governs private legal relations, while the local public administration law addresses local authorities. The Constitutional Court's regulation concerns that court only.
Question 16Constitutional and Legal Framework of Public Administration
Which statement correctly describes the relationship between the Government and the Parliament in Moldova?
- The Government may dissolve the Parliament at will
- The Government is subordinate to the President in all policy matters
- The Government appoints the Parliament
- The Government is politically responsible before the Parliament and may be subject to a vote of no confidence Correct answer.
Explanation
The Government is accountable to the Parliament, which can withdraw confidence through a censure motion. Parliament is elected directly and cannot be appointed or dissolved at will by the Government. The President has defined constitutional powers but does not direct all government policy.
Question 17Constitutional and Legal Framework of Public Administration
A civil servant is offered a gift by a company whose file is pending before the official's department. What does the integrity framework require?
- Accept it only if the file is decided in the company's favor
- Accept it and record it as a personal benefit
- Accept the gift because it is offered outside working hours
- Decline the gift and report the offer in line with conflict-of-interest and integrity rules Correct answer.
Explanation
Integrity rules prohibit civil servants from accepting advantages that may influence official decisions and require reporting such offers. Timing or form of the gift does not remove the conflict. Personal benefit from a pending file is incompatible with impartiality.
Question 18Constitutional and Legal Framework of Public Administration
Which of these functions belongs to the Court of Accounts of Moldova?
- External audit of the management of public financial resources Correct answer.
- Constitutional review of laws
- Drafting the annual state budget law
- Adjudication of administrative disputes
Explanation
The Court of Accounts performs external public audit over the formation and use of public financial resources. It does not review constitutionality, decide administrative cases or draft the budget law. Its reports inform Parliament and the public about financial management.
Question 19Constitutional and Legal Framework of Public Administration
A draft normative act is submitted to the State Chancellery for legal expertise. What is the main purpose of this expertise?
- To decide the political priorities of the Government
- To verify compliance of the draft with the Constitution, laws and drafting rules Correct answer.
- To appoint the officials who will implement the act
- To set the salaries of ministry staff
Explanation
Legal expertise checks whether a draft conforms to the Constitution, superior laws and normative drafting requirements. It strengthens legality and coherence of the regulatory framework. It does not make political choices or personnel decisions.
Question 20Constitutional and Legal Framework of Public Administration
Under the constitutional framework, which category of law requires adoption by a majority of at least half of the elected members of Parliament?
- Organic laws Correct answer.
- Ministerial orders
- Government ordinances
- Ordinary laws
Explanation
Organic laws must be adopted by a majority of the elected members of Parliament, a stricter threshold than for ordinary laws. They regulate matters such as the organization of institutions and electoral systems. Ordinances and ministerial orders are executive acts, not parliamentary laws.
Question 21Constitutional and Legal Framework of Public Administration
A person believes a final administrative act violated a constitutional right. Which route may lead to constitutional review in Moldova?
- Filing directly with the Supreme Court of Justice for constitutional annulment
- Asking the Government to declare the act unconstitutional
- Raising an exception of unconstitutionality before the ordinary court, which may refer it to the Constitutional Court Correct answer.
- Requesting the Ombudsman to annul the law
Explanation
Individuals can raise an exception of unconstitutionality in their case, and the court may refer it to the Constitutional Court under the constitutional procedure. The Supreme Court does not annul laws on constitutional grounds. The Government and Ombudsman cannot annul legislation.
Question 22Constitutional and Legal Framework of Public Administration
Which principle governs the allocation of competences between central and local public administration in Moldova, meaning tasks should be performed by the level closest to the citizen where feasible?
- Political neutrality
- Hierarchical subordination
- Subsidiarity Correct answer.
- Centralization
Explanation
Subsidiarity holds that public tasks should be assigned to the level of authority closest to citizens that can perform them effectively. It supports decentralization but does not eliminate central oversight of legality. Centralization and hierarchy describe different organizing logics.
Question 23Constitutional and Legal Framework of Public Administration
A ministry issues an order that restricts a right without any legal basis. What is the correct assessment under the hierarchy of normative acts?
- The order is unlawful because an administrative act cannot restrict rights without a legal basis Correct answer.
- The order is valid if it is published in the Official Gazette
- The order is valid because a minister has general regulatory power
- The order is valid if the minister's superior approves it orally
Explanation
Administrative acts are subordinate to law and cannot restrict rights absent a legal basis, regardless of publication or approval. Publication is a condition of enforceability, not a source of legality. The hierarchy of norms requires that limitations on rights be founded in law.
Question 24Constitutional and Legal Framework of Public Administration
Which statement best describes the role of the Ombudsman (People's Advocate) within Moldova's public administration system?
- A court that annuls administrative acts with binding effect
- An independent institution that examines complaints about violations of rights by public authorities and recommends remedies Correct answer.
- A parliamentary committee that adopts laws
- A government department supervising ministries
Explanation
The Ombudsman is an independent institution that investigates alleged violations of rights by public authorities and recommends corrective measures. It does not have the power to annul acts like a court. It reports to Parliament but is not a legislative committee or government department.
Question 25Constitutional and Legal Framework of Public Administration
A civil servant is transferred to another position following a lawful reorganization. Which principle best explains why this is permissible even without the official's consent to the specific post?
- The appointing authority owns the official's labor permanently
- Reorganization removes the need for any legal basis
- Civil servants waive all rights upon appointment
- The civil service relationship may be modified by law and administrative decisions in the public interest, subject to legal safeguards Correct answer.
Explanation
The status of civil servant allows modification of duties through lawful decisions taken in the public interest, such as reorganization, but only with the safeguards set by the civil service law. Appointment does not extinguish rights or create ownership over the person. Every change still needs a legal basis.
Question 26Constitutional and Legal Framework of Public Administration
Under the Moldovan Constitution, which authority exercises the executive power of the state?
- The Parliament
- The Superior Council of Magistracy
- The Government Correct answer.
- The Constitutional Court
Explanation
Article 96 of the Constitution establishes that the Government ensures the implementation of the domestic and foreign policy of the state and exercises the general management of public administration. Parliament is the supreme representative and legislative body, so it does not hold executive power. The Constitutional Court exercises constitutional jurisdiction, not executive functions.
Question 27Constitutional and Legal Framework of Public Administration
A ministry wants to create a new subordinate agency. Which legal instrument is required to establish such a structure within the central public administration?
- An internal order of the minister without further approval
- A recommendation of the State Chancellery issued on its own initiative
- A Government decision on the organization and functioning of the central public authority Correct answer.
- A decision of the Parliament adopted as an organic law
Explanation
The structure of central public administration is set by the Government through decisions that establish the organization and functioning of each ministry and its subordinate bodies. A minister cannot unilaterally create a new public authority by internal order, because that would exceed delegated organizational competence. Parliament's role is legislative, not to micro-manage each agency's internal structure.
Question 28Constitutional and Legal Framework of Public Administration
Which principle requires that a public authority may act only where the law has conferred competence on it?
- The principle of legality of public administration Correct answer.
- The principle of proportionality
- The principle of administrative decentralization
- The principle of subsidiarity
Explanation
The legality principle means public administration is bound by law and may act only within competences granted by legal norms; any action without a legal basis is unlawful. Proportionality concerns the balance between the measure and its aim, not the source of competence. Subsidiarity and decentralization concern the allocation of tasks between levels of government.
Question 29Constitutional and Legal Framework of Public Administration
A local mayor issues a disposition that imposes a new tax on residents. Which assessment is correct under the Moldovan legal framework?
- The disposition is valid only if the prefect countersigns it
- The disposition is valid because mayors may set local taxes by individual act
- The disposition is unlawful because local taxes must be established by the local council within the legal framework Correct answer.
- The disposition is valid if the mayor announces it publicly in advance
Explanation
Local taxes and fees are established by decisions of the local council within the limits set by law, not by a mayor's disposition. The mayor executes council decisions and manages local public services but cannot create fiscal obligations unilaterally. Publication or countersignature by the prefect does not cure the lack of substantive competence.
Question 30Constitutional and Legal Framework of Public Administration
What is the legal effect of a normative administrative act that has not been published in the Official Gazette, where publication is legally required?
- It remains valid but unenforceable for six months
- It is automatically converted into an individual act
- It applies retroactively from the date of signature
- It produces legal effects only after the required publication Correct answer.
Explanation
Normative acts that require official publication enter into force and produce effects only upon publication in the prescribed register, in line with the principle that citizens must be able to know the law. Signature alone does not make a normative act binding on those to whom it is addressed. There is no automatic conversion of a normative act into an individual one.
Question 31Constitutional and Legal Framework of Public Administration
A civil servant is subject to a disciplinary sanction. Which body is generally competent to examine an appeal against a disciplinary sanction imposed on a civil servant?
- The Court of Accounts
- The Superior Council of Magistracy
- The Constitutional Court
- The administrative court, following the procedure for administrative disputes Correct answer.
Explanation
Disputes concerning the legal relationship of civil service, including disciplinary sanctions, are administrative disputes resolved by the competent administrative court under the Administrative Code. The Constitutional Court does not hear individual employment disputes. The Superior Council of Magistracy and the Court of Accounts have different, specialized mandates.
Question 32Constitutional and Legal Framework of Public Administration
Which statement best captures the role of the prefect in relation to local public administration in Moldova?
- The prefect exercises control over the legality of acts adopted by local authorities Correct answer.
- The prefect appoints the local council members
- The prefect approves the local budget before adoption
- The prefect replaces the mayor during political disagreements
Explanation
The prefect represents the Government in the territory and verifies the legality of acts issued by local public authorities, being able to challenge unlawful acts before the administrative court. The prefect does not appoint council members, remove mayors for political reasons, or approve local budgets, which preserves local autonomy.
Question 33Constitutional and Legal Framework of Public Administration
Which document adopted by the local council sets the main directions of local economic and social development for a defined period?
- The strategy of local socio-economic development Correct answer.
- The internal regulation of the mayor's office
- The local budget
- The disposition of the mayor on personnel
Explanation
Local councils adopt development strategies that define medium-term priorities for the locality's economic and social development. The local budget is an annual financial instrument implementing those priorities. Internal regulations and personnel dispositions are administrative tools, not strategic planning documents.
Question 34Constitutional and Legal Framework of Public Administration
A draft Government decision is submitted for coordination. Which authority provides the overall coordination of draft acts before adoption?
- The Ombudsman's Office
- The National Anticorruption Center
- The Ministry of Finance only
- The State Chancellery Correct answer.
Explanation
The State Chancellery coordinates the drafting process for Government acts before adoption. Mandatory legal expertise is a separate function assigned to the Ministry of Justice under Article 37 of Law 100/2017, so Chancellery coordination does not replace that review.
Question 35Constitutional and Legal Framework of Public Administration
Under the hierarchy of legal norms, which statement correctly ranks the Constitution relative to an organic law and a Government decision?
- An organic law prevails over the Constitution when adopted by a two-thirds majority
- All three instruments have equal legal force
- Government decisions prevail over organic laws when adopted later in time
- The Constitution prevails over both organic laws and Government decisions Correct answer.
Explanation
The Constitution is the supreme law, and all other acts, including organic laws and Government decisions, must conform to it. A higher majority for adopting an organic law does not elevate it above the Constitution. Later adoption in time cannot override a superior norm in the hierarchy.
Question 36Constitutional and Legal Framework of Public Administration
A public authority plans to merge two subordinate units, affecting staff duties. Which approach best reflects the principle of legality and the rules on civil service modification?
- The authority must transfer the file to the Ombudsman for approval
- The authority must act through a lawful organizational decision and inform the civil servant, respecting the legal procedure for modifying the service relationship Correct answer.
- The authority must obtain the civil servant's written consent in all cases without exception
- The authority may change duties freely because the civil servant is subordinate
Explanation
Reorganizations are lawful when based on a valid organizational act and implemented according to the procedure governing modification of the civil service relationship, including notification and any applicable consent or transfer rules. Subordination alone does not allow arbitrary changes to duties. The Ombudsman does not approve administrative reorganizations.
Question 37Constitutional and Legal Framework of Public Administration
What is the main function of the Administrative Code in Moldova's public administration?
- It replaces the Constitution in matters of public administration
- It sets the salaries of all public employees in fixed amounts
- It governs only the activity of the Court of Accounts
- It codifies the procedure for administrative activity, administrative acts, and administrative litigation Correct answer.
Explanation
The Administrative Code consolidates the rules on administrative procedure, the adoption and effects of administrative acts, public consultation, and administrative court proceedings. It operates within the Constitution and cannot replace it. Salary setting and audit functions are governed by separate legal acts.
Question 38Constitutional and Legal Framework of Public Administration
A citizen considers that an administrative act has harmed a legitimate interest. Which condition is generally required before an administrative court will examine the merits of the case?
- The citizen must have exhausted the available administrative appeal procedure, where the law requires it Correct answer.
- The citizen must pay a deposit equal to the value of the disputed act
- The citizen must wait two years from the date of the act
- The citizen must first obtain a resolution from the local council endorsing the claim
Explanation
The Administrative Code requires prior administrative appeal in specified cases, so the administrative court can review the act only after that procedure is exhausted. There is no requirement of a council endorsement or a deposit proportional to the act's value. Strict statutory deadlines apply, and waiting two years would normally cause the action to be time-barred.
Question 39Constitutional and Legal Framework of Public Administration
Which statement correctly describes the relationship between a normative act and an individual administrative act in terms of addressees?
- An individual act always binds all citizens, while a normative act binds only the issuer
- A normative act applies to a general, indeterminate category of persons, while an individual act applies to specific, identified persons Correct answer.
- A normative act applies only to public employees, while an individual act applies to all citizens
- Both apply to the same general category of persons
Explanation
Normative administrative acts establish rules of general application for an indeterminate set of addressees, whereas individual acts resolve a specific situation for identified persons. This distinction determines publication requirements and remedies. The other statements invert or distort the categories.
Question 40Constitutional and Legal Framework of Public Administration
A civil servant discloses confidential information obtained during service to a private company. Which consequence follows from the general obligations of the civil service framework?
- Transfer to another position as the only possible measure
- Disciplinary liability, since confidentiality is a core duty of the civil servant Correct answer.
- No consequence, because the information was obtained in the course of employment
- Automatic criminal liability for every disclosure regardless of content
Explanation
Confidentiality of information obtained in service is a fundamental duty of the civil servant, and its breach attracts disciplinary liability under the civil service framework. Criminal liability may arise only where the disclosed information meets specific statutory elements, not automatically. Transfer is not the sole or automatic measure.
Question 41Civil Service Legislation and Status of the Public Servant
Under Moldova's Law on the Status of the Public Servant, which criterion primarily distinguishes public servants from other employees of public institutions?
- They must hold a university degree regardless of the position
- They are always employed under an individual labour contract regulated by the Labour Code
- They are elected by the population in direct universal suffrage
- They exercise public authority powers or provide public services and are appointed to a public office under the law Correct answer.
Explanation
The defining feature of the public servant is the exercise of public authority or the provision of public services within a public authority, on the basis of an appointment to a public office. Ordinary employees of public institutions without public authority duties fall outside this status. The status is therefore defined functionally by the nature of the office, not by the contract form or the level of education.
Question 42Civil Service Legislation and Status of the Public Servant
In Moldova's civil service, the primary legal basis for the professional relationship between a public servant and the public authority is:
- An administrative act of appointment to a public office Correct answer.
- A civil contract for services
- A mandate issued by a parliamentary commission
- A collective bargaining agreement
Explanation
The relationship of the public servant is established by an administrative act of appointment to a public office, which is the central legal instrument of the civil service relationship. The civil service relationship is a public-law relationship, so private-law contracts are not the instrument used. Collective agreements and parliamentary mandates do not create the individual civil service relationship.
Question 43Civil Service Legislation and Status of the Public Servant
A public authority in Moldova wants to fill a vacant public servant position. Which procedure is the general rule for recruitment into the civil service?
- Direct appointment by the head of the authority without any selection
- Seniority-based promotion from the auxiliary staff without competition
- Competition organised on the basis of merit and professional criteria Correct answer.
- Recommendation by a political party organisation
Explanation
Recruitment to public servant positions is generally carried out through a competition based on merit and professional criteria, which is a core guarantee of the civil service. Direct appointment without selection is the exception, limited to specific cases defined by law. Political recommendations and automatic promotion from auxiliary staff do not satisfy the merit principle.
Question 44Civil Service Legislation and Status of the Public Servant
Which principle requires that a public servant's conduct and decisions be based on the public interest rather than private or political interests?
- Impartiality and political neutrality Correct answer.
- Subsidiarity
- Collegiality
- Territorial decentralisation
Explanation
Impartiality and political neutrality require the public servant to serve the public interest and refrain from using the office for private or partisan advantage. Collegiality concerns decision-making by a body, not individual impartiality. Subsidiarity and territorial decentralisation are principles of public administration organisation, not of personal conduct.
Question 45Civil Service Legislation and Status of the Public Servant
A public servant in Moldova is asked to disclose confidential information obtained in the office to a private business partner. What does the duty of professional secrecy require?
- To disclose it freely because the information was obtained during working hours
- To refuse the disclosure, since confidentiality obligations continue to apply to information obtained in the exercise of the office Correct answer.
- To disclose it only if the business partner signs an informal note
- To disclose it after informing a colleague verbally
Explanation
The duty of professional secrecy obliges the public servant to protect confidential information obtained in the exercise of the office and to refuse unauthorised disclosure. The obligation is not removed by the fact that the information was acquired during working hours. Informal notes or verbal notification to a colleague do not create a legal basis for disclosure.
Question 46Civil Service Legislation and Status of the Public Servant
Which document typically sets out the specific duties, rights and responsibilities attached to an individual public servant position?
- The national budget law
- The collective labour agreement
- The job description (fișa de post) Correct answer.
- The internal rules of the authority only
Explanation
The job description is the individual document that defines the duties, rights and responsibilities of the holder of a specific public office. Internal rules apply to the authority as a whole rather than to one position. Budget laws and collective agreements do not define individual civil service duties.
Question 47Civil Service Legislation and Status of the Public Servant
What is the general rule on combining a public servant position with another paid activity in Moldova's civil service?
- Combining is entirely free and requires no declaration
- Combining is allowed if the second activity is performed at night
- Combining is restricted and permitted only in cases and conditions expressly allowed by law Correct answer.
- Combining is allowed if the second employer is a private company
Explanation
The civil service regime restricts cumulation of functions, allowing it only in the cases and under the conditions expressly provided by law. A public servant cannot freely take a second paid activity without regard to conflict-of-interest rules. The time of day or the private nature of the second employer does not remove the restriction.
Question 48Civil Service Legislation and Status of the Public Servant
Which body or mechanism is generally responsible for verifying declarations of income and interests submitted by public servants in Moldova?
- The Ombudsman's office
- The National Integrity Authority Correct answer.
- The Ministry of Finance
- The Central Election Commission
Explanation
The National Integrity Authority is the body competent to verify declarations of income and personal interests submitted by public servants and other declarants. The Ministry of Finance manages public finances and does not verify individual integrity declarations. The Central Election Commission and the Ombudsman have different mandates unrelated to integrity verification.
Question 49Civil Service Legislation and Status of the Public Servant
A public servant receives an offer of a gift from a company that has a pending contract with her authority. Under conflict-of-interest and integrity rules, the appropriate action is:
- To decline the gift and report the situation according to the internal integrity procedure Correct answer.
- To accept the gift and share it with the team
- To accept the gift because it is offered outside working hours
- To accept the gift only if its value is not mentioned in writing
Explanation
A gift from a person with a pending interest before the authority creates a conflict of interest and may influence impartiality, so the public servant should decline it and report the situation under the integrity procedure. The timing of the offer or the absence of written valuation does not remove the conflict. Sharing the gift with colleagues does not cure the underlying conflict.
Question 50Civil Service Legislation and Status of the Public Servant
Which of the following best describes the obligation of a public servant regarding the use of public property and resources?
- To use them for any purpose as long as the annual budget is not exceeded
- To use them for personal purposes if reimbursed at market price
- To use them only for official purposes and manage them efficiently and responsibly Correct answer.
- To lend them to colleagues without documentation
Explanation
Public property and resources are entrusted to the public servant for official purposes only, and must be managed efficiently and responsibly. Personal use, informal lending, or reliance on budget headroom is inconsistent with the duty of responsible administration. The obligation is about the purpose of use, not merely about reimbursement.