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Law No. 167 Of 11 February 1864 For A Board Infiintiarea Reading

Original Language Title:  LEGE nr. 167 din 11 februarie 1864 pentru infiintiarea unui consiliu de statu

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LEGE no. 167 167 of 11 February 1864 for the establishment of a state council
ISSUER MINISTRY OF JUSTICE IOAN I. with the mercy of God and the national voinesDomnu Principatelor-Unite-Romane.La all de fatia si viitoriţa health. Amu interitu si interimu, promulgățu și promulgăgățu ce urmedia:




+ Chapter 1 GENERAL PROVISIONS + Article 1 The state counsellor is placed lange the failed power to prepare the draft laws, which the Government will have before the Elective Assembly, and the administrative regulations, relative to the work of the law. Elu essercite and contenciose attributions, which are given by laws in administrative matters, and do not have legislative attributions. + Article 2 Council of State, after the initiative of the Government, how much is the consultation on the tutor of the Laws and the Public Administration Regulations. + Article 3 The state councilman may not be consulted on the project of relative laws: 1. When fixing the annual budget. 2. On loans supplication tallow estraordinare. 3. Final rule of the reckoning of either-to whom the essercitium. 4. When fixing the annual quota of the army alu and the chiemarea classeloru under the flag. + Article 4 The Lord will be able to withdraw from the deliberation of the Council of State. The projects tallow Proposals for projects that have them tramisu. + Article 5 The state councilman, in order of erarchia is equal to the Court of Comptations, and comes immediately after the Court of Cassation. + Chapter 2 COMPOSITION OF THE STATE COUNCIL + Article 6 The state counsellor is placed under the direction and presiedintion of the Lord. + Article 7 Elu is composed: a) By one Vice President. b) Nine members of the counselors. c) By one Secretary General and two Secondary Secretaries. d) By nine Auditors without lefa. + Article 8 Ministers potu assista la tote the works of the Council of State outside only candu delibera in contenciose subjects or on a started acusatii of one Minister against a fonctionaru administrativu. They only had a consultative vote. + Article 9 Vice president, members, Auditors and Secretaries of the state council, are called by Domnu and potu revoca. The revocation of the Councils will be personal, and motivated, and will be done by decreu Domnescu, following a report from the council of ministers. + Article 10 Ceia-l-other Impiegati of the State Council is appointed by Domnu after the Council's recommendation through the Presidentulu of the Cabinet of Ministers. + Article 11 The state councilman was composed of persons, who by capacity, and variety known theoretical and practical loru, voru presinta mustintiele diverseloru ramure de administration publica. The members of the saddle will choose to enter the persons who have occupied the fonctions, the Ministers of Agents of the Earth on the lange of foreign powers, the Members of the Central Commission, the former High Court or the Princely Court, the former school girl, the members of the The Court of Cassation and of the Court of Comrites, of Presiedinti, Members of the High Prosecutors of Curtiloru de apelu, of the Directors of faculties, of inspectors general, of the Prefecture and of Engineering-capi. These are how much to have one service to put years celu putinu in administrative functions, seu resci, without counting in the number of years phonctisome small ones that were remunerated with less than one thousand lei per month. For people who speak of a-date diplomas de Doctori seu Licentiati de rectangu seu sciintia, e de reached the justification of a service of four years, only in the shown ramure, tallow one essercitium of five years of the profession free of charge, medicu seu Engineeru. Potu fi assemene appointed Members of the State Council, the Presidents of the councilors of districts, the Presidents of the municipalities of: Bucuresci, Iași, Craiova and Galați, Pamenteni directors of the railway companies and of the public banks, after one essercitium for 5 years. + Article 12 The auditors speak of Domnu after a bent list pressured by the State Councilor dintra young people who have aged 21 years celu putinu, and a diploma in a specialty. These uniting on the lange the conditions cocaught in Art. 11, be one service with the distinction of four years celu putinu as Auditors, it would be called with the preference to the vacancies of Councillors. + Article 13 The members of the Council of State, who are Romanians, tallow naturalisati Romani and are older than three-so and five years celu putinu. + Article 14 They do not potu be deputies at the Elective Assembly, and their posts are incompatible with the times of another wage public Fonction. The grenerals of the army can be called State Councils; they speak out of the framework and receive only the lefa of Councils, without losing the right of seniority. + Article 15 At their entrance into the phonction, the Councillors of the oath in the hands of the Lord. The Secretaries and the other Impiegati swear before the General Assembly of the Council. + Article 16 The Vice-President of the Council of State will be able to chiema in the General Assembly, tallow in partial assemblies of the committee, on the times what persona tallow fonctionari destinies through their special acquaintances to the ' and gives their opinion on the chuestiuneloru that would be Pose. + Chapter 3 PROCEDURE OF THE STATE COUNCIL + Article 17 The decisions of the Council of State shall be taken in its General Assembly. + Article 18 The General Assembly of the Council of State will surrender to Domnu. In the absence of the Lord, the Vice President will keep his place. Candu and Vice-President will miss, ' i will keep his place more old. + Article 19 The state counsellor will not be able to deliberate, in the General Assembly, if not presenti, septe celu putinu from the members of the saddle, also counting the Vice-president. At the vote-sharing casu, the Vice-President's vote will be preponderant. + Article 20 The state councilman will be divided into the committees of the Committees, either-which the committee will be composed by the members. The other members-to whom the committee will chair the Committee. + Article 21 The vice president of the Council of State will be able to preside or which of the committees, and in the casu of vote-sharing, the vote tallow will be mainly. + Article 22 How many one Secretary will be joined by the fia-which Committees. + Article 23 The committees voru be pregnant with the preparation of work and with the general instruction, without the qu' and pute gives their opinion in the chuestion of a contenciose nature. + Article 24 The proposals tallow draft laws and regulations are tramitu de Domnu seu de Presiedinte council de Ministers catra Vice-presidentulu. Council of State. It divides the various works between the Council's committees in view of the equality of the task of the task of the task force, the Member and the Member's specialty of the committees. + Article 25 Tote cele-l-other chuestions that enter into the attributions of the Council of State, se tramitu totu Vice-president of the Council of statu de catra Presiedinte of the Cabinet of Ministers, and divide the various committees. + Article 26 The complaints raised by individuals for the defense of their interesseloru, in the specific boxes determined by the laws can be directed at the Council of State if those individuals complained before to the respective Ministerium, and they did not want Indestulation during the 15 days of the celu multu from the date of the complaint of the plaintiff. The state councilman will enter the direction in the esamination of unoru such complaints. + Article 27 The secretary-to whom the committee will prepare the works to be discussed in the committee and will gather the elements must be discussed more alesu for contenciose chuestiums. + Article 28 The Vice-President will charge the auditors with different work on the committees, tallow at the General Assembly of the Council. + Article 29 Fia-which work, which is finished in the Committee will be subject to the deliberation of the general assembly. One member of the committee will make one report on the work, and will support the discussion in the General Assembly. + Article 30 Draft laws, and other works of the Council of State, discussed and received in the General Assembly will be addressed to the Minister by Vice-President of the Council of State + Article 31 The President of the Council of the Ministers of the Council of State can return to the Council of State a paper of his own with no observations because the Council of State is still giving his opinion. + Article 32 Candu a work of the Council of State will be adopted by failure power, the decree that will be given on it will bear the formula: "Audendu and the opinion of the Council of State." The draft laws, which have to be given in the deliberation of the Legiuitoru body, voru can also bear the same formula. + Article 33 In matters contenciose, candu is reached the interessulu of a particolaru, tallow legal persons, the decision of the Council of State does not close the legal road to the ordinary Tribunaleloru, de catu in the houses that are voru determine by law, tallow in casu candu the parties voru da inscrisu multiumire on the decision of the Council. + Article 34 On a final decision, tallow on a consultative conclusion of the Council of a state party dissatisfied in matters, will be required within the time of the week from the communication of the decision of the end of the end, the revival of that decision in the following boxes: a) Candu the decision is the effect of an error of fact, which results from the documents and documents that were presented. b) Candu following the gift of the border, they found new documents that potu change the state of the chuestiunei. c) Candu by decision was given more than the cerutu. d) Candu the decision was given with the ironing of the formalities required by laws and regulations. + Article 35 In matters of litigation and discipline. unulu of the members of the Council of State, you can be tasked to do the investigation on the spot. + Article 36 The deliberations of the Council of State in general assembly and committees, are not public. In matters, however, contenciose and discipline, deliberatisome in general assembly are public and either-which from the sides will stink defend verbalu seu inscrisu, directu seu prin țăuțu. In these subjects the Committee will be able to call on the parties before they take the interrogation of them to ask them or what information. + Article 37 They will not be able to plead before the Council of State, as a lawyer, by those who can plead before the Court of Cassation. + Article 38 In matters of litigation and discipline, the Council of State, in general assembly, will be able to decide before tallow after listening to the plaintiff on the defender of the tallow, and before concluding the work to ask for informationsome must be, from the Cétalé de la ceia-l-other administrative agents. In assemene the unulu subjects of the members will be tasked by the Vice-President to fulfill in the general assembly the fonction of the public minister and will take the conclusions. This Member will not be able to take part in the vote. + Article 39 The vice president of the Council of State will rule the order of the dilemma in the general assemblies and will chiema on the sides in contentious and discipline subjects. + Article 40 The chiemation of the partesu will be done printr'one citation. The minority ' and will form its enrolment. + Article 41 Tote the decisions of the Council of State in general meeting tallow in committees, it would be taken after the majority of votes. + Article 42 An interioru regulamentu, datu in the form of the public administration regulation will rule more on broadening those relative to discipline, to order and to specify the work on the Committees. + Chapter 4 ATTRIBUTIONS TO THE STATE COUNCIL + Article 43 The state counselor, outside of the mission that has to prepare the projects of Laws and Regulations, will also have, in particular the attributions relative to the administration subjects, and the relative attribution to contenciose subjects: a) attributions relative to matters of administration. + Article 44 The state councilman will be consulted on the tutuloru chuestiuneloru administrative, how many he will speak of Domnu seu de Ministers. + Article 45 Elu will be consulted more alesu: a) On the drafting of the contract of arrears of the state and of the public establishment, and alu altoru contracts of public enterprises. b) on the non-understanding and on the difficulties of applying the same contracts. c) On the rental of the State's objections. d) On the regulations of the police and public hygiene. e) Asupra conflicteloru ivite enters the county, communal or municipal authorities, as well as on the conflict of attributions of the Administrative Authority and the Court. f) Over the cereresu of estraditiune. g) On the cereresu of naturalisation. h) On the concessischemoru of railways, the canals be public works companies. i) On the formation of the establishment of public utillity, and finally, j) Asupra tutuloru chuestiuneloru as many as it was meant by laws and regulations. + Article 46 The state councilman will esercite one right of discipline on the fonctionaresu of administrative branch, which will be different from the Domnu seu Ministers. + Article 47 The disciplinary penalties that the Councillor will be able to propose will be, rebuke, suspension of the provisory from one month to the trii, seu revoccare. Rebuke will be possible pronounce and without listening to the defendant. The provisory suspension and the revocation will be proposed, after the defendant will be heard, in the prevediutu modulus at Art: 37, 38 and 39, and it will be failed after the most anteia was submitted through the respective Ministerium to the approval of the Lord. + Article 48 The counsellor, apart from the disciplinary punishments that can propose, tallow without even proposing such a punishment ' and will give his opinion whether the actulu inputatu of the fonctionary is likely to give the locu to the competence of the courts. b) Relative Contributions to Litigation Subjects. + Article 49 The state counsellor will be judged, as the first tallow last Instantia; tote causes of the administrative nature administrative how many are spoken to him by a certain law. + Article 50 In tote cele-l-other cause in which the State Councilor will be chiematu to judge the interests by which the interessele of a particle is achieved, the decision of the Council will have the characterful consultation, conformu with the regular ones in Art. 34. + Article 51 The tallow particle and other legal entities of the interesting caroru are injured by any administrative massura, potu advertising at the State Council: a) In the contrary to the decision of the Ministers, data with a power stopover, tallow with the ironing of the legal and regulations in the fiinthia. b) In counter to the decision of the act of failure of the prefectesu tallow altoru administrative agents, data with calcare of laws tallow regulations. c) In the contrary to the decision of the Commission, public works. + Article 52 The particularies can be directed to the Council of State, to ask for the interpretation of a decree, the regulation of the regulation, given in administrative matters, if the request refers to a tallow one more points from that decree, ordinance; tallow the regulation by which one interessu altoru particulari would be reached, and if that request is not relative to a decision of the Council of State given in contentious matters and sanctioned once by Domnu. The government will be able to ask for such interpretations when elu will be in contact with interessu with individuals. + Article 53 In no one of the susu casings quoted (Art. 51 and 52) the appeal before the Council of State cannot suspend the execution of administrative decisions outside only if the commission to which the chuestion was tramisa, tallow to the Government itself will rule espresu that suspension. + Article 54 The decisions of the Council of State in matters contenciose se citescu in publicu, transcribe in a special register, and shall be submitted to the respective Ministerium. + Article 55 If the decision is final, tallow if it is given with the multiumation of partesu, conformu with the prevediute ones in Art. 34. will be established by the respective Ministeriulu, seu directu seu by decreu Domnescu. + Article 56 The police of the State Council of the State Council in matters of litigation and discipline is entrusted to the Vice-President. + Article 57 The members of the Council of State, for the crimes of tallow the crimes relative to the attribution of their fonctio are justifiable before the Court of Cassation. + Chapter 5 ABOUT CONGEDII AND VACANTS + Article 58 In either-which anu Counselor of statu, ' and insignia with the consent of the Lord the age of the holiday, which cannot pass over two months in the end of the year. + Article 59 For the time of the holiday will be drawn one Committee, a compound of three members who will care for the espedution of urgent businessmen. Either-which member cannot figure in the Committee of vacants, more than once in the years. + Article 60 The Congediulu that will not go over the optu dile will be granted to the members of the Council of State of Vice-President, the congediulu that will pass this term will be granted by Domnu, if the request will be supported by the declaration of the Vice-President that he will not suffer service. + Article 61 You cannot grant a congedium that will pass over two months in one year. Candu this deadline will pass, the Councilman will consider himself as demissiosatu. + Article 62 Secretaries, auditors and those-other inpiegati ' and ceru congediu from Vice-presiedinte. + Article 63 Ori-ce absentia without congediu seu without being justified printr'unu certificatu de bola, draw according to the loss of remuneration on the whole time of absence. + Article 64 At the end of the beast-caria on Monday, the Vice-President will depict the Lord, one estractus of the works of the Council, and the reasoned nessus of the members of the saddle. + Article 65 At the end of the year will form one tableau of tote the works of the Council of State over the year, which will be published through Monitorulu officialu. State of the Council of State One Vice President..................... on lei. 3,000 3,000. Nine Members of either-that......... "" 22,500 22,500. ................. "" 1,500 1,500. Two secondary secretaries of 1,000......... "" 2,000 2,000. .................. "" 500. Nine writers of 300............ "" 2,700 2,700. One boss of useri............. "" 300. Two Usieri a 200.............. "" 400. One Odaiasu.................. "" 150. Two Rindasi a 100............. "" 200. -------- Totalu per month lei..... 33,250 33,250. This law was voted by the General Assembly of Romania in the meeting of 21 Yanuary 1864, and was adopted by a majority of four-so and seven votes against four. (Signatu) Vice President: L. Catargiu. -------- -------- Secretary Ant. I. Arion. | | L. S. | -------- Director of Chancellery, I. Codrescu. We have known and ordered that those of fatia, invested with the seal of the State and passed in the Official Monitor to be addressed to Curtiloru, Tribunaleloru and administrative authorities, that they register in their registers are observed and made to Observes, and Minister Nostrand Secretary of State at the Department of Justice, is the commission of the vigil of the publication of the Lord. Datu in Bucuresci on 11 Februariu 1864. ALECSANDRU IOAN I. -------- | L. D. | -------- Minister Secretary of State, at Department of the Interior, Council President Minister, M. Kogalnicenu. Minister of the Secretary State Department Justisia, A. Papiu Ilarian. -------------