conflicts of interest and integrity
Public Integrity Authority
Oversee conflicts of interest, declared assets and other integrity rules applying to people who exercise functions in Candeia, through its own procedure and with separation from judicial and electoral competences.
Pre-Foundation · permanent institution not installedConstitutional Proposal · reference text · not promulgated
Why it exists
People who exercise power or manage Candeian resources should not be solely responsible for checking their own conflicts. The Authority is the proposed structure for making those rules independently enforceable.
How it oversees people exercising Candeian functions
Prevent, supervise and administratively investigate corruption, conflicts of interest, illicit enrichment, asset declarations, professional representation of interests, illicit political financing and retaliation against whistleblowers.
Receive and investigate integrity reports. Oversee conflicts, asset declarations and professional representation of interests. Refer evidence of criminal conduct to the Public Prosecution Service and seek systemic relief where appropriate.
A five-member board: 1 elected by the Assembly by a three-fifths majority; 1 chosen by the Court of Audit; 1 by the Ombudsman; 1 by the National Council of Justice; and 1 selected by public lot, all through qualification processes/lists.
No member is appointed by the sitting Government and no source controls a majority. The composition must bring together expertise in investigation, law, audit/finance, integrity, data and whistleblower protection.
Single, staggered seven-year terms.
It selects its staff, initiates investigations within its mandate and may not have its budget, agenda or access to information subject to discretionary control by the investigated party or the Government.
An independent budget and sufficient technical means under Art. 265.
Only for serious grounds, by decision of 6 of the 9 members of the Constitutional Court after constitutionally authorised proceedings are initiated.
Due process, judicial review, the privilege against self-incrimination where applicable, and coordination with the Public Prosecution Service/NEC/Judiciary without replacing their competences.
An external reporting channel, records of actions taken, aggregated reports, integrity declarations and data, budget and systemic recommendations.
It does not replace the Public Prosecution Service, National Electoral Commission or Judiciary; an administrative investigation is not a criminal conviction.
What it investigates in practice
- Receive and investigate integrity reports.
- Oversee conflicts, asset declarations and professional representation of interests.
- Refer evidence of criminal conduct to the Public Prosecution Service and seek systemic relief where appropriate.
Administrative integrity enforcement is not a criminal conviction
The Authority does not replace the Public Prosecution Service, Electoral Commission or Judiciary. An administrative investigation within Candeia does not, by itself, amount to a criminal conviction.