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Cap. 510 · Malta Competition And Consumer (Cap. 510)

Cap. 510 ст. 13AIndependence.

PART IV

ДействуетОфициальный текст

(a)The Director General, his officers working at the Office for Competition and any other person assisting the Office for Competition shall: (i)perform their duties and exercise their powers for the application of articles 5 and, or 9 of the Competition

Act and, or Articles 101 and, or 102 of the TFEU, and any other responsibility vested in the Office for Competition as emanating from this Act, the Competition Act or any other regulation made thereunder, impartially and in the interests of the effective and uniform application of Articles 101 and, or 102 of the TFEU and independently from political and other external influence; (ii)neither seek nor take any instructions from Government or any other public or private entity when carrying out their duties and exercising their powers for the application of articles 5 and, or 9 of the Competition

Act and, or Articles 101 and, or 102 of the TFEU, without prejudice to the right of the Government, where applicable, to issue general policy rules that are not related to sector inquiries or specific investigations of the Office for Competition; (iii)refrain from taking any action which is incompatible with the performance of their duties and, or with the exercise of their powers for the application of article 5

and, or article 9 of the Competition Act and, or Articles 101 and, or 102 of the TFEU and are subject to procedures that ensure that, for a reasonable period of time after leaving office, they refrain from dealing with cases which are, or were before the Office for Competition, that could give rise to conflicts of interest as provided in article 46 of this Act.

(b) Any person who takes decisions at the Office for Competition exercising the powers contemplated in the

Competition Act or under any regulations made thereunder shall not be dismissed from the Office for Competition for reasons relating to the proper performance of their duties, or to the proper exercise of their powers for the application of articles 5 and, or 9 of the Competition Act and, or Articles 101 and, or 102 of the TFEU:

Provided that the person may be dismissed only if he no longer fulfills the conditions required for the performance of his duties, or if he has been found guilty of serious misconduct under national law, which includes the following:

(i) if the person fails to perform his duties impartially and independently, in relation to the application of articles 5 and, or 9 of the Competition Act and, or Articles 101

and, or 102 of the TFEU, or of any duties in relation to his Office emanating under this Act, the Competition Act and any regulation made thereunder;

(ii) if the person has been found guilty by a competent court of a criminal offence under article 28 of this Act;

(iii) if the person has been convicted of a criminal offence affecting public trust, or of theft or fraud.

История изменений
  • Amended by XLV.2021.23