Abstention

In situations of real conflict of interest -when the decision must be taken and the interest cannot be eliminated-, the only tool that helps us manage them is abstention. In fact, the detailed analysis of the reasons for abstention set out in the public sector legal regime legislation shows that the five cases provide for inevitable personal relationships or professional relationships from which the person can no longer detach at that time. The duty of abstention is, therefore, a last barrier in cases where the conflict is already present and in which impartiality can only be preserved by removing the person from the decision-making process. For the rest of particular interests (such as second occupations, other sources of income, benefits derived from current professional relationships, etc.), the management of the conflict of interest anticipates the moment when it is still potential, through other tools that we will see continuation (incompatibility regime, gift policies and post-charge interest control).