Post-charge interest control

Post-charge interest control refers to prohibitions (to eliminate private interest) or limitations (to avoid the influence of interest) in post-charge activities to preserve the impartiality of a public servant. In this way it is sought to avoid bias in the current professional judgment that unfairly favors a company or a particular industry with the expectation of obtaining professional advantages after ceasing in its public position (contracts or workplace).

The growing movement of professionals who go to work from the public sector to the private sector or vice versa, known in the Anglo-Saxon ambit as in-and-outers, shows that the line that separates the two areas is increasingly thinner. This phenomenon, known as the revolving doors (or pantouflage), can compromise the integrity and impartiality of public servants.

Of particular concern is the transition from the public to the private sector, in particular, of two groups. On the one hand, public officials with management and command functions, who carry out their functions in areas where there is a lot of interaction with companies and private entities, with a temporary employment position that fosters continuous movements -both between different public responsibilities, such as between the public and private sectors. On the other hand, public servants who may improperly use the experience, privileged information and contacts obtained in the exercise of their public office to benefit their new boss or their corporate clients as a lobbyist.

As a consequence of these concerns, the legislator has prohibited or limited, during a temporary period known as abstention or cooling, the possible private activities of certain persons who have held a public position or position. In this way, he wants to cautiously avoid, ex ante, an apparent and reasonably possible subsequent use of information, knowledge and contacts -acquired during the public occupation stage- improperly, that is, in order to favor private interests.

The regulation of post-charge private activities makes it a valuable preventive tool in the management of potential conflicts of interest in order to eliminate the interest that originates the risk, or avoid the influence of interest in professional duty, by establishing of prohibitions or limitations in the exercise of future activities.