Prohibition on the Practice of Professions and Related Activities for Directors of Autonomous Entities and Decentralized Services: A Constitutional Analysis

Abstract

This article offers an interpretation of the third paragraph of Article 200 of the Uruguayan Constitution, which establishes that general directors, members of boards of directors, or members of executive councils of autonomous entities or decentralized services are prohibited from simultaneously practicing professions or engaging in activities related to the public-law entity they direct. In this regard, the scope of the prohibition is determined and the consequences of non-compliance are analyzed. It is ruled out that the provision establishes an incompatibility in the strict sense. It is argued that, for the prohibition to apply, there must be a legal or jurisdictional relationship, and criteria for determining indirect relationships—also covered by the provision. Finally, in the absence of a specific legal consequence for engaging in the prohibited activity, the general regulations governing disciplinary offenses committed by members of the management bodies of Autonomous Entities and Decentralized Services are applicable. Without prejudice to any civil or criminal liability that may arise, it is argued that it falls to the Executive Branch, subject to ratification or approval by the Senate—as the case may be—to assess the illegality and, where appropriate, impose a sanction, in accordance with the provisions of Articles 197 and 198 of the Constitution.