When conflicts of interest arise

Under Article 3 of Law 215/2004, a conflict of interest may arise in two distinct situations.

Conflict arising from incompatibility

A conflict arises where a holder of Government office who is already in a situation of incompatibility adopts or participates in the adoption of an act, or fails to perform a mandatory act, in the exercise of Government functions.

In these cases, the conflict of interest is based on an irrebuttable presumption that the office holder has breached the duty to abstain from decision-making while in a situation of incompatibility. The conflict exists even if the act or omission does not harm the public interest or benefit the office holder or relatives up to the second degree.

Conflict affecting personal assets

A conflict also occurs where a holder of Government office adopts or takes part in the adoption of an act, or fails to perform a mandatory act, that benefits them, their spouse or relatives up to the second degree, while at the same time harming the public interest.