Law No. 95 of 13 June 1925 for ISSUING Administrative unification of PARLIAMENT Published in MONITORUL OFICIAL nr. 128 of 14 June 1925 (Decree No. 1972 of 13 June 1925), title I, Dividing the territory of the Kingdom. Administrative authorities and local elective. Control authorities.
Article 1 Romanian territory is divided, in terms of administrative districts and counties in common.
Article 2 the municipalities are rural and urban areas.
Article 3 the rural Commune is made up of one or more villages. A commune will be in one of the villages.
Rural municipalities which do not have the means, you can assign them to support services that need and to jointly pay administrative personnel, technical, sanitary, etc.
Article 4 of the urban Communes are population centers declared so by the law.
They are: urban, urban county residences and nereşedinţe.
Municipalities of the County's urban residences, are common in urban, who sits on the County Prefecture.
Urban county residence municipalities who by the number of inhabitants and by their economic or cultural importance have larger leaven over general desvoltării will declare the State by law, whichever is the higher advance administrative opinion.
Article 5 for the facilitation of enforcement control, supervision and proper guidance of administration, counties are divided into districts called December 1960, comprising several municipalities, and the municipalities in urban districts called sectors.
Sectors and called pretură are not legal persons.
Article 6 Nor a municipality cannot constitute and no change of counties, municipalities or plăşilor or changing their residence can't be done only in accordance with the provisions of this law, dispoziţiunile.
Article 7 each inhabitant of the country, without osebire of gender and nationality, must belong to a common tasks and participate in them.
Romanian citizens can move from one municipality to another with no leavening.
They are, however, owe it to convey the communal authorities so their settlement and displacement.
Any territory within the country must belong to a common.
Commune of exercising its authority over all the inhabitants and of the whole territory from them.
Article 8 Foreigners will not be able to establish in the municipality before they meet the specific formalities required by the law.
Housing or short-term temporal in a municipality is not subject to orders and measures than safety.
Article 9 the Township and County are legal persons.
They have full capability for all things that pertain to the initiative and administration of local interests, exercising these civil laws and within the limits of the tasks associated with supports.
No compulsory expenditure cannot be put in charge of the communes and counties without being allowed to cover assets and nourishing them.
Article 10 the Township and County administer their interests through their local councils composed of elected Councillors, law and women in cooptate County residence municipalities, on a voluntary basis in other municipalities.
These councils are obliged to execute and general interest measures ordered by the central authority within the limits of its legal competinţii.
A special law, based on the principles of the present law, shall determine the Organization and functioning of the administraţiunilor in the communes of more than 300,000 inhabitants.
Article 11 the Mayor is the head of the municipal administration. He's running all decisions of the Council and of the permanent delegation of the communal and along with it the communal administration oversees the walking.
The President is the head of the district administration.
In this capacity, running all decisions of the Council and of the permanent delegation of County and along with it the County Administration controls, as well as that of the municipalities in the County, except for the municipalities.
Article 12 communal councils and County Deciziunile may not be suspended or cancelled, except in the cases and forms, with the guarantees laid down in this law.
Article 13 Interior Minister leads, coordinates and controls the work of municipalities and counties, putting it into harmony with the general interests of the State. He is helped by an administrative superior.
A special law will determine the composition, atribuţiunile and the operation of this Council.
Article 14 the prefect is the representative of the central power in the whole County.
He's exercising his atribuţiunile either directly or through the subprefect, pretori, poliţai and notaries.
Prefects, subprefecţii, praetors, poliţaii and notaries are required to give their competition enforcement and for communal and county councils and permanent delegations.
Article 15 the Interior Minister may instruct the control and inspection of local administrations, as well as the activity of other representatives of his Administrative Board members and general administrative inspectors.
Article 16 All municipalities stand in a direct district from the administrative county authorities, except for the municipalities, which stand in direct relation to the Interior Ministry.
The County also stands in direct relation to the Interior Ministry from administrative point of view.
Title II chapter I Composition Township Municipal Council and Municipal Council article 17 consists of: three-fifths of the elected councilors) by all aldermen voters, with universal, equal, direct, secret and obligatory through elections and the representation of the minority;
b) up to two-fifths, as advisers;
c) cooptate women Councillors in maximum: Seven in urban municipalities with a populaţiune of more than 250,000 inhabitants: Five in urban municipalities with a populaţiune of more than 100,000 inhabitants;
Three urban communes in with a populaţiune of more than 50,000 inhabitants;
Two other common in urban areas.
Article 18 the number of Councilors elected settles in proporţiune with populaţiunea without distinction of sex, age or nationality. This number is: 36 in the communes with a populaţiune of more than 250,000 inhabitants;
30 in the communes with a populaţiune of more than 100,000 inhabitants;
24 communes with a populaţiune of more than 50,000 inhabitants;
18 communes with a populaţiune of more than 25,000 inhabitants;
15 in the communes with a populaţiune of more than 10,000 residents;
12 in other urban municipalities, irrespective of the number of inhabitants;
9 in the rural communes.
With elected councillors and a number of alternates, equal to one-third of the elected councilors, called on to supplement the statutory holidays cropped up in the Council, in accordance with art. 192. Article 19 of law Are advisers;
Two to seven District Councillors of the elected municipal councils, only urban residence;
The most senior representatives of holders of State primary education, vocational, secondary;
A representative of the largest cult.
He will be the highest in rank or, in the case when many would have equal degrees, the oldest;
Representatives of the most senior in rank of ministries of public health and Social Ocrotirilor, agriculture and Domains (livestock) and public works;
One representative of the boards of agriculture, industry and Commerce and labor, in the communes of residence by County, and in common with other managerial decision only the Interior Minister, on the basis of the opinion of the Administrative Council.
Law advisors will designate in the order set out above.
The appointment of Councillors of law will be made immediately after the publication of the calling of the election body, respectively.
Article 20 advisers must reside in the municipality in question, other than those designated from County Council, who may reside and the County.
Article 21 District Councillors who are not yet part of the Councils of the municipalities of the county urban residences, as law counselors, will be appointed by the County Council.
Representatives of the Chambers of agriculture, Commerce, industry and labor will be appointed by the steering committees of their respective Boards.
Article 22 of law fixing the number of Councillors for each class in the order determined in art. 19 and condiţiunilor who must meet these counselors, will be made for counties, municipalities of residence of supervisory board. For other common these formalities are fulfilled by the permanent delegaţiunea County.
In the absence of permanent appointment of delegaţiunii County will be made by the county administration.
In any case the number of members elected by the councilors will race right along with those who were enrolled.
Article 23 in the case when the County Council Chambers, agricultural times industry, trade and labor will not be appointed within 15 days of the electoral body, which from convening on law advisors, intended to be part of communal councils, this operation will meet the Minister of the Interior for the County Council and the respective Ministers for agriculture, industry, trade and labor.
Article 24 women Councillors will be co-opted by the elected councilors and law, summoned for that purpose as soon as Mayor after its entry into service.
Can I be women who meet the cooptate the same order as the elected Councillors.
Contestaţiunile on these cooptări will be made to the Interior Ministry for municipalities and the prefect for the other municipalities; They shall rule in accordance with art. 200 of this law.
The number of Councillors, aldermen elected cannot change than every 10 years, through the vote of the Council, approved by the Minister of the Interior, on the basis of the opinion of the Administrative Council for municipalities and superior of the prefect, with the opinion of the County, delegaţiunii for other permanent joint and only where statistics populaţiunii will advertise a change according to the rules set out in article 18.
Article 26 Heads of various public services will be in obligatory called and listening to the meetings of the Board in all matters of their competinţa.
In rural municipalities will be called and listen by the Council in the same order local representatives from the cult, education, professional, and service health, veterinary, technical service and Agriculture and cooperative.
Their opinions will be recorded in the minutes of the meeting.
Chapter II establishment of the communal Council, the election of the Mayor and communal delegaţiunii permanent article 27 If there was any dispute over the election or if they were found groundless, and elected Councillors of the municipalities shall be convened as soon as the Minister of the Interior, and in other municipalities of the prefect in order to rule on the cases of legal incapacity, nedemnitate and incompatibility, the oath in the election, the proceeds of the Mayor in the urban and rural municipalities, the delegaţiunii permanent and the appointment of Councillors candidates for mayor in the municipalities.
The summons will tell the purpose for which it is called.
Pending the entry into service of the Mayor, the Council shall preside over the most senior citizens among its members.
Counselors will provide oath in open court at the City Hall in the presence of the prefect for the County residence municipalities, and other municipalities in the presence of Commissioner delegate.
Oath will have to accommodate the following: "I swear allegiance to the King, and Constituţiunii obedience laws of my country, I swear to defend and support the interests of the commune".
If within 10 days of the election contestaţiunilor dela, rejection or upon expiry of the period within which from which appeal is to be made, the communal Council has not been convened, he meets law and oath may be served during and before the Council's age.
Urban communal councils, with due regard for the knowledge of members who compose them, you can share, for better administration of local interests in comisiuni specialties.
Article 28 The Council discharges relating to counter cases. 27, concerning incompatibility, incapacity and nedemnitate, every voter has the right to appeal to the Interior Minister for municipalities and the prefect for other municipalities.
The time limit for appeal is 10 days lapse deciziunii. dela
The Minister, with the opinion of the Administrative Council, the prefect of the County delegaţiunii, are required to rule on the appeals received within 10 days of their registration removed from him.
These authorities are bound to appeal to the communal councils, who are required to rule on all cases of legal incapacity or incompatibility of nedemnitate who would have knowledge, throughout the term of Office of Councillors and even ex officio.
Article 29 in order to proceed to the election of the Mayor, and the permanent delegaţiunii the appointment of Councillors candidates for mayor to municipalities, must be attended by an absolute majority of the members who make up the Council.
Article 30 permanent Members shall be elected delegaţiunii as far as possible from different branches.
Law advisors, civil servants, those who are appointed by the County Council, will not be able to be elected permanent delegaţiunea.
The permanent delegation is composed aside communal primary: 9 members and 3 deputies in townships of more than 250,000 inhabitants;
7 members and 3 deputies in townships of more than 100,000 inhabitants;
5 members and 3 deputies in townships of more than 50,000 inhabitants;
4 members and 3 deputies in townships of more than 25,000 inhabitants;
3 members and 2 alternates in subsequent municipalities;
2 members and 1 alternate in rural municipalities.
Choosing the permanent delegation is made for a term of four years by secret ballot and by an absolute majority of votes.
If at first the voting doesn't get this majority, the election shall be repeated in the same session and shall declare elected those who obtain the largest number of votes. If there is parity, bottom-side decides the election.
In case of demisiune or descompletare, the choice will be made in the same way.
Article 31 the Mayor will be chosen by the Councils in all municipalities except municipalities.
The choice will be made with a secret ballot and by an absolute majority of the votes cast.
If at first the voting doesn't get this majority, the election shall be repeated in the same session and shall be declared elected as the one who will get the largest number of votes.
In the communal Council of municipalities will choose from the bosom of his mayoral candidates elected councillors and those of law, except those sent by County Council; each Councillor entitled to vote for one candidate.
The names of the three candidates who will have obtained the largest number of votes shall immediately notify the Minister of the Interior, which will confirm that one of the Mayor's candidates.
If the Mayor is an adviser of law, public official, and if he accepts this dignity, no longer can perform the function that he had all the time in primariatului, but retains the right to be reinstated.
Years served as Mayor count function that would serve, holding him in drag and a pension. He has the right to choose between his salary and that of accomplishment that he had.
The Mayor cannot be a religious Minister.
Mayors or Presidents of the interim committees from municipalities are eligible in legislative Bodies.
Article 32 the result of the vote on the election provided for in articles 30 and 31 of the counties are for residences shall notify the Minister of the Interior, and that the other common to the attention of the Commissioner.
Article 33 Interior Minister and prefect, each in his competinţa, are entitled not only to report complaints, but even ex officio, examine whether the Mayor's choice, the permanent delegation of the candidates for mayor and the municipalities was done according to the law.
Those authorities will have to examine whether the councils were convened okay if members were încunoştiinţaţi that are called for this election, though it was against the majority required by law, if the voting was done by secret ballot and whether the chosen ones met the legal number of votes.
In the contrary case, the Minister of the Administrative Council and the prefect of the County delegaţiunii, permanent elections cancelled.
The Interior Minister and the President are required to rule within a maximum of 10 dela date when li was made known choice.
Article 34 the communal Council shall fix each year, from voting on the budget, the Mayor and members of the retribuţiunea permanent delegation, after means who has.
The mayors and members of the permanent delegaţiunii won't be able to handle at the same time no further service to the public.
Chapter III operation of communal Council Article 35 Municipal Council meets in at least once per quarter.
The Council may be convened whenever the interests of the commune would ask her, or when the Interior Ministry would calculate necessary prefect times.
The communal Council article 36 Summonses shall be made by the Mayor of the commune or the one you are înlocueşte through invitaţiuni by sent to the home with at least three working days before the meeting, convening and displaying it at the door of the House.
Article 37 the convocation will feature issues of who has to deal with the Council.
Convocation containing the agenda will be communicated in a timely manner, and the rural municipalities of notary and the pretor's other joint and prefect. They are entitled to attend Board meetings.
The prefect may ask to be heard in Municipal Council meetings whenever he believes, that the measures shall be designed to take ' would bring a touch of order or general interests.
The President does not have a deliberative vote.
No matter cannot be brought to the discuţiunea Council if it is not covered by the order of the day, except only if it has been declared urgent.
The emergency declared with two-thirds of the members present, with motivation in the minutes of the meeting, indicating that the delay would învederat păgubi township or a general interest of the State.
Matters contained in art. 211 may not be declared urgent.
Article 38 Proposals concerning the interests of the commune can be made to the Council-primary, parish by parish, delegaţiunea permanent any of the counselors.
Article 39 the Board may deliberate than being compared to an absolute majority of the members that compose it out only if the law requires the presence of a greater number of advisors.
Will not be considered as present advisors who could not take part in the deliberaţiune, being recuzabili under any legal causes.
Article 40 the Council is obliged to keep communal its meetings on the premises of the Town Hall.
Any meeting out of the time for which he was summoned in another place, and otherwise established by law, it is illegal.
The Ministry of the Interior or his delegate, constables and will take action as praetors such gatherings to be wasted, and can immediately notify the Prosecutor's Office in the same time, who will find that is the case, will prosecute guilty if they have deliberated on matters who could order the State safety and unregulated.
Counselors find such culprits may be punished with imprisonment for up to one month from the presence of two years, declared excluded from Council and the municipal councils and the eligible regions, and the legislators for 4 years, reckoned from the day of condemnation.
The court sentence against those concerned have the right of appeal within the time limits laid down by the courts and in criminal proceedings.
Laws made or decisions taken in such a gathering are null and neexistente.
Article 41 the Council's decisions shall be taken by an absolute majority of the members present, except where the law only requires a larger majority.
In the event of parity, the proposal which is desbate, is reckoned to be rejected.
Article 42 open Board meetings and shall chair the mayor or his predecessor.
Article 43 All communal Council members are voting, out only if there are people in the matter, when the vote is secret.
The President shall vote the latter.
Article 44 Parish Council meetings are public.
However, after a request by a third of the members present, the mayor or his substitute, the Council shall decide by a majority of two thirds and without desbateri if they are declared meeting secret.
The meetings discuss matters set out unto the head. III, IV, and X under Title IV may never be secrets.
Article 45 the Mayor alone has the police meeting.
When in the Hall for the meetings of one or more assistants will give public signs of approval or desaprobare, or will make noise in the times, the Mayor will call attention to keep peace and propriety. If disorder continues, you will be able to order the removal out of the Hall of turburătorilor and even arrest and their uses in the judgment of judge detour, based on what the report will conclude, to apply the penalty Dale 3 to 15 days in jail.
When keeping the sessions will be turburată any of the members of the communal Council, then the Council, with the absolute majority of those present, will be able to pronounce the temporary exclusion of that counsel, without this exclusion may be longer than the duration of that session.
Police and gendarmes in urban municipalities in rural municipalities are required to execute the orders of the mayor or his substitute.
Article 46 for each session will conclude a thorough report, which will be sign by the Mayor and the Secretary. A summary of such reports will display within 10 days at the door of the House.
Article 47 all Council deliberations will be in the order of their date in a register initialled by the Mayor and kept by the Secretary.
Article 48 Each Council meeting starts by reading the summary of the meeting, which shall be subject to a vote and approval by Councillors.
They have the right to do observaţiuni on the way, as were past their opinions in the minutes of the meeting and ask to make corrections.
Article 49 Municipal Council may decide to be called into session and heard others specialist whose explanations would need.
Chapter IV Atribuţiunile communal Council Article 50 municipal Councils have the initiative and decide in all matters of local interest, in accordance with the present law and special laws. They are obligated to be utter upon all matters what were ' would be referred to by other laws and to execute and dispoziţiunile taken by the central authorities in the general interest, within the limits of their legal competinţei.
In all this State keeps General according to the laws and control.
Article 51 Are primarily of local interest: a) welcoming the Issues primary and elementary;
(b) Matters relating to worship);
(c) Matters relating to public health), namely: the building, maintenance and supervision from the administrative burden of hospitals, dispensariilor, infermeriilor and poorhouses, poor, infirm, orphaned children find, etc., as well as the appointment of administrative staff and the necessary sanitary and other such instituţiuni of the district health services out of any physicians category;
d Matters regarding) cattle breeding and veterinary medicine, namely, building, maintenance and supervision of the administrative point of view to various establishments and instituţiuni, as well as the appointment of administrative staff and the necessary veterinary service vets out of any category;
e) construction and maintenance of roads, streets, bridges and all the ways of communication of any kind on land and water, sewers, correction of water courses, replanting râpelor, trains, marshy land fallowing fugitive, înfinţări nurseries and in General any public work of local interest;
(f) Issues relating to edilitate): Construcţiuni public buildings and private openings of roads, markets, water supply, sewer, lighting, ordering, facilitating circulaţiunei on roads, streets, squares, piers and other means of communication;
g) measures to protecţiunea landscapes, monuments and works of art, the establishment of regional museums;
h) for citizen education, adult schools, physical education and supporting existing ones;
I) matters to guide and encourage agriculture, Commerce, industry and trades, and in general to all economies of the Commons, in order to help and to the advancement of the country overall, in collaboration with the Chambers of agriculture, industry, Commerce and employment;
j) Facilitation of supply populaţiunii with the first necessity, as well as measures for normalization and the control of prices of these items can make to this end even acts of trade only to remove speculation;
k) budget income and Composition expenses;
l income) creation of every kind, the settlement and the charging of levies, taxes and cotizaţiunilor;
m) loan matters;
n) Research mânuitorilor management of communal funds, monitoring of compliance with the respective budgets and of charitable institutions times what their rank under supervision;
an asset creation and supervision) of the charitable institutions of charity and social welfare;
p) matters to intentări processes, transfer, Exchange, concessions, gift receipt, acceptance, transacţiuni, etc.;
r) matters at deslipiri villages alipiri, towns and villages, residences and names of communes, transformations of the urban and rural communes in vice-versa and in General any territorial changes of municipalities or other administrative divisions within them;
s) for roads, police from the streets, the performances, the costumes and the communal police;
t) drawing up regulations relating to edilitate, in hygiene, sanitation, rural and communal police, tax and other revenues, as well as to organize public services;
u) together with the Cooperation the counties, as well as the State works and public interest undertakings, which can be useful;
v) right to confer honorary citizenship of those individuals who have earned honors by gifts, related, notable improvements and services brought the commune;
This distincţiune cannot be granted only a two-thirds majority of the members of the Councils in question;
x) right to higher authorities or reclamaţiuni memory, relative to improvements, trasformări or changes what would calculate in different laws and regulations in the interests of expressing wishes and making proposals on the State and needs of the various public services who would be in touch with local interests. But Councils may not make or publish protestaţiuni, proclamaţiuni or political addresses.
Communal councils may correspond with all authorities in the matters of local interest, through the intercession of the Mayor.
Article 52 Municipal Council may establish committees of citizens, without distinction of sex, who under the direction of a communal Councillor to give local contest administraţiunii related issues: education, worship, health, social ocrotirilor, edilitate, agriculture, etc.
Chapter V Atribuţiunile permanent delegation Permanent Delegation of article 53 municipal înlocueşte Municipal Council in the interval between sessions and decide in its place, within the limits of the powers conferred by the Council any matters, except those concerning: acts of disposition of heritage, budget, start-up fees, taxes, cotizaţiuni, loan approvals, regulations, management concessions services, territorial changes contained in title IV Chapter X, awarding honorary citizenship.
Delegaţiunea together with the Mayor of supraveghiază public services, has its own civil and is an advisory body of the Mayor whenever he asks their opinion.
Article 54 of the Atribuţiunile are: permanent delegation of electoral lists) for both political elections and administrative;
b) project budget drawn up;
c) communal establishments and Supraveghiază any undertaking interested in who it is;
d) draws up draft regulations and submit them to the proof;
e) determines the selling prices of first necessity;
f) Sets price list of hotel and transportation from the presence of vehicles, public service Commissioners prestaţiunilor, hamalilor Street, as well as the price of transportation with undertakers chariots;
g) Oversees, according to special laws, administration and maintenance of churches and to all establishments and charitable institutions and public interest in the village. Inspect these establishments, priveghează that they do not deviate from the way of the will of donors and testators, or dela fundaţiuni documents and propose through the intercession of the Mayor and the Trustees of such establishments and îndreptările, what improvements would be made and what abuses were discovered;
h) check how often the House, ending the a record, which shall submit it to the Council;
I) fosters the application of measures of hygiene and sanitation, edilitate and communal police.
Article 55 Decisions shall be taken by the delegation of the absolute majority of the votes of users who compose it.
The presence of the mayor or his substitute is to enable the permanent delegation able to deliberate validly.
Article 56 the Mayor shares the permanent supervision of the various members of the delegaţiunii services of each specialty, and after we randomized and different issues of their competinţa.
On these matters the members will do their research and will refer to the delegaţiunii, which alone has the right to take deciziuni.
When the Mayor finds that due to the lack of permanent delegaţiunii members this may not work and the interests of commune-he may suffer from the call in place of the absent Council on alternate-reporting at its first meeting.
Chapter VI Article 57 Atribuţiunile Mayor Mayor is the head of administraţiunii. He manages all the interests of the commune or with permanent delegation, or with Municipal Council after the law.
The hallmark of a mayor is a girdle with national colorile, which he wears to all official ceremonies and at the celebration of marriages.
Article 58 the Mayor represents Justice. It can be done in an emergency any legal act necessary conservation of a right, remaining to be regulated subsequently by the Council.
Article 59 the Mayor is the Chief of police.
Article 60 the mayor shall convene the communal and presides.
Together with delegaţiunea, shall draw up the agenda of matters to be brought to the desbaterile Parish Council.
The mayor presides over the permanent delegation, to whom it matters who proposes to be discussed.
Council deliberations and running delegaţiunii and take all necessary measures to defend the interests of the commune in deciziunilor enforcement data Council and delegation.
Oversees compliance with the regulations.
Together with delegaţiunea, forward calls and permanent licenses from service officials decide punishments and aldermen.
Give autorizaţiuni construcţiuni needed for repair of buildings, fencing, according to plans to be aligned and the regulations.
Ordered the prestaţiuni in kind for urgent and necessary services, in case of public calamity.
Issuing certificates of public notoriety and liability.
Performs all the acts who are not specifically reserved to the Board or permanent delegation regarding the Administration and defense of the interests of the district.
The Mayor is the civil status officer. He may delegate this atribuţiune a member of the communal notary, delegaţiunii and permanent in the municipalities, the Director or the Chief of the service in question.
Celebration of marriage is made by the mayor or a member of the permanent delegation appointed by the Mayor has it. payments and signed authorisation of the Ordinances. He may delegate his personal responsibility, this atribuţiune a member of the permanent delegaţiunii.
Mayor inspects the roads, markets, fairs and show, what's the point, that establishments safety and sănătăţei are placed under the supervision of the commune; He can stop the shows to ensure the guard and the demands of public morality.
Require urgent measures of hygiene.
The Mayor may delegate part of its atribuţiunile another Member of the permanent delegaţiunii written by year, shall be made through and through advertising.
In municipalities consisting of several villages, the Mayor will be able to delegate, through written year, part of his atribuţiunile one of the Councillors elected in their respective villages.
The mayor presides over the auction house-keeping.
Article 61 the Mayor in case of absence, is replaced in its functions of a member of the delegaţiunii, designated by him If this designation has not been made, ' he will be replaced as the older members of the permanent delegaţiunii.
Article 62 the Mayor alone has the right to give orders concerning the measures that they are given in his atribuţiunile, of the Council or the permanent delegation.
When these Ordinances are regarding sanitary issues, agricultural, veterinary, public works or other specialties will be given following prior consultation with the head of the service concerned and countersigned by the latter.
The Ordinances will be displayed at the municipal door.
Any citizen has the right to make Ordinances in întâmpinări v., the Interior Ministry when they are given by the mayors of municipalities and the prefect when the other mayors are common data.
These Ordinances shall not suspend the execution of întâmpinări.
Interior Minister and prefect, each in its competinţa have the right to cancel any vintage ordinances when they are contrary to state laws and regulations, public administration, or to suppress from ordinances also dispoziţiuni.
In ruling against the prefect, Mayor and any citizen who has headed the welcome will be entitled to appeal to the Home Office within 10 days after receipt of deciziunii dela.
Ordinances become enforceable only after it has been brought to the attention of the public by display, publish and sell, when dispoziţiuni and contain general individual notification made by the persons concerned in other cases.
Displaying and publishing shall be evidenced by means of protocols signed by the Mayor and the Secretary, and încunoştiinţările individual evidence of receipt.
Article 63 the Contravenţiunile Ordinance will judge and punish in accordance with prescripţiunilor from laws and regulations.
The penalties prescribed in the Ordinance will not outrun those stipulated for breaking laws and regulations.
Article 64 the Mayor meets with any other civil, who are referred to by laws and regulations and represent the commune in all official ceremonies.
Chapter VII Municipal Police Article 65 the Mayor as the head of the municipal police may delegate part or whole of these permanent members from the civil parish delegaţiunea.
He exercised atribuţiunile arising from this quality either personally or through agents and officers of the administrative police.
When they would not be enough, the Interior Ministry, at the request of the House of Commons, will be able to designate for special tasks of municipal police and other agents and officers who in this case will be supported from the budget of the commune.
The Mayor, in an emergency, it is obliged to take the measures required by the circumstances, when public order and the safety of the village would be threatened, reporting the competinţă bodies and normally enters the civil implementation of these measures.
Article 66 of the communal police Measures ordering and apply in accordance with laws and regulations.
They have special object: Hygiene and healthiness of housing) and determination of condiţiunilor for construcţiunea private properties;
(b) Facilitate and circulaţiunii) safety on the streets, roads, wharfs, markets and other public places;
c) ensuring means of transport within the commune;
d) Ferirea fire inundărilor cities, to prevent and combat epidemic or contagious boalelor, epizootics;
e) removal and remediation of contingencies that might be caused by the angry and alienated persons of evil animals miracle;
f) destruction and eradication of harmful animals;
g) Mode of transporting bodies and maintaining good order and decency norms in cemeteries, without osebire of worship and religious beliefs;
h) Inspecting hotels and guesthouses and taking their own measures to ensure hygiene and sanitation;
I) quality assurance and weight of objects who are sold with scales or the measure;
j) Vigil premises drinks;
k) Control in terms of health foods and beverages;
l) monitoring display;
m) measures for eradication of begging;
n) Police and all theater shows of any kind;
an industrial safety Police);
p) hygienic measures.
Article 67 the Mayor is indebted to take measures to prevent the illicit use, theft and damage caused in the field, gathering the crops before they reach maturity, measures for the use of păşunelor guidance of communal data according to the Ministry of agriculture and the agricultural Areas of the County, through service in fine any other measures provided for in law and dispoziţiuni rural police currently in force or strides ' would be decided in the future.
Article 68 the Mayor and members of permanent delegaţiunii and competinţi techniques and medical officers, appointed by the Mayor, are entitled to check contravenţiunile to laws, regulations and ordinances. They will send offenders to the competent judiciary judgement, if laws won't even give their competinţa in finding the facts and the application of penalties.
Chapter VIII, Article 69 Edilitatea
Municipalities are obligated within four years from the way of promulgation of laws to determine if they have not already drawn up after the importance and means who have a general plan for town-planning, which take into account needs and satisfy all discretionary, as alignment of streets, openings and establishment of streets and squares, water supply, sewer, lighting, paving, gardens with start-up parks, plantaţiuni, means for transporting populaţiunii in common, eftine, housing etc.
The order of execution for the building industry will be set out in regulation law.
Rezoning plan will be drawn up for the development, which could take the commune and its various services in the future.
It will be made up by either local service or through drafting public competition among different specialists in the country.
In rural communes and urban town-planning plan nereşedinţe and comassare will form the edges of both the local municipal Council, after a proposal from the Commission which shall gather the data required at the commune.
Comisiunea consists of the head of the County's primary doctor, technic, and the respective permanent rural commune.
Comisiunea will be chaired in the rural municipalities of a permanent member of the County, and delegaţiunii in urban communes of the Mayor of nereşedinţe.
The plan thus drawn up will be approved by the Municipal Council and will remain permanently, after what will be subjected to the permanent delegation of County research, which will examine with chiefs and architectural drafting.
In suburban municipalities, town-plan will be drawn up by the technical services of care for urban and subdued in the wake of communal councils for approval.
In the capitals of the County's plan remains permanently after his investigation by the Administrative Council.
The supervisory authority shall deliver an opinion from technical point of view, proposing amendments would think useful to better achievement.
Article 70 Plans for alignment of streets and markets in the capital of the County's municipalities will be drawn up by the local technical services on the basis of systematic plans and will be approved by the municipal councils.
The conclusion can no longer return only when, due to extraordinary circumstances or force majeure, the commune would undergo changes who would require amendment of the rezoning plan.
In this case, the change cannot be done only with his consent the Council taken by a majority of two-thirds of the members in Office and with the opinion of the Administrative Council.
Article 71 the communal Council decides on the opening and closure of streets and public markets in accordance with the plan of the town.
Article 72 Streets, pasagiile or what markets will be opened without authorization, will be closed by the local authority.
Article 73 no construcţiune or reconstrucţiune buildings and no other work in the municipality will not be able to do without the authorization of permanent delegaţiunii, signed by the mayor or his delegate and date on the basis of the opinion of the technical service concerned, if this service exists at the Town Hall, or on the basis of the service which it will replace.
Article 74 it is entitled to impose on those who live goldfinch or repairs, namely measures and the exercise of the right of the owner restricţiuni dela, for the purpose of or in the interest of wellness wholesomeness and safety of citizens.
Municipal authorities are obliged to rule within 10 days to the requests for authorization.
Past this deadline without having obtained solving application, or when soluţiunea is not in accordance with the law and regulations, the petitioner has the right to apply to the judiciary, administrative courts, in determining damage.
Article 75 Construcţiunile built out of alignment or dispoziţiunilor covered and without autorizaţiuni will be removed if their owners within a maximum period of three months which from the municipal authorities did not somaţiunea ' dispoziţiunilor taken and complied with the regulations.
Article 76 will not allow consolidation of works found homes have been built in addition to aligning permanently established and approved in accordance with the laws in force.
The works ' would make strides without authorization will also be desfinţate by the municipal authority.
To facilitate the works and urban transformations which mood of the Commons's safety and wholesomeness, making their demand, you can make and expropriations on areas, according to the law of expropriation.
Public utility in this case shall be declared by the Municipal Council in question with the approval of the Minister of the Interior, on the basis of the opinion of the Administrative Council.
Chapter IX the dismissal, removal and suspension of the Mayor and members of the permanent Article 77 delegaţiunii communal mayors and members of municipal delegaţiunii presents the resignation of the Interior Minister, other County prefect.
Article 78 the Mayor and members of the permanent delegaţiunii can be removed through the year, the Municipal Council, taken by a majority of two-thirds of the total number of Councillors.
The Council cannot rule removal than for the following reason: bad management, through obvious acts of nepricepere, bad faith, gross negligence or culpable who jeopardize the interests of the inhabitants, and in acts against the State and assuring the safety of criminal offences.
The Council will not be able to be apprised in writing than by reasoned proposal of the Interior Minister for municipalities and urban residences of the prefect for the other municipalities, or at least one third of the Councillors.
Închierile municipal councils regarding the removal of mayors and members of municipal delegaţiunilor will be immediately brought to the attention of the Commissioner, when relating to rural and urban municipalities nereşedinţe and Interior Minister when relating to other municipalities. These remain the definitive conclusion if within 10 days from the way their communication have not been dispelled by the central authority. Those cut off and they have the right to complain in the same period.
You can't rule out the rule only on the basis of the opinion of the county or delegaţiunii senior counsel, as appropriate.
When the mayor or permanent delegaţiunii members have committed acts against peace, security and unity of the State or have not executed general interest measures, ordered by the central authority, they can be removed even if referred to the Council of the law found that there is no room for such a measure.
In this case, removal is done by Royal Decree, given on the basis of the report of the Minister of Internal Affairs-motivated, with the opinion of the Administrative Council.
Article 79 the mayors and members of the permanent delegaţiunii may be suspended by the upper control if and when they ' prove ' inquiry, submitted that he had been guilty of acts who reach the public order and security of the State. The suspension stands prefect for rural communes and urban nereşedinţe and the Minister of the Interior for other municipalities.
In this case the suspension will not be able to pass a month, after which it ceases as if research those suspended have not been removed from service.
The mayors and members of the permanent delegaţiunii will be suspended if they are sent to court, by virtue of the Ordinance of the judge's final instructions to the Prosecutor or rechizitorului or when they are arrested pursuant to a warrant or if required by the instruction judge in the interest of research.
Article 80 the quality of primary and delegaţiunii permanent membership is lost for the same reasons, for who is lost and the quality Advisor.
Article 81 Deciziunile removal will specify the period of disqualification of mayors and members of the permanent delegaţiunii.
Article Deciziunile 82 of suspension and removal will be motivated and will show you the evidence which it is based.
Article 83 no measure can not get in against delegaţiunii members or mayors, who would have to end before removing them, they have been called and listen by the competent authority.
They are entitled to present their defense and through memories.
If you refuse to submit memoranda, or pray the removal procedure will follow its course.
Judgment will be given will make mention of these formalities.
Chapter X, Article 84 suburban Township of communal councils, urban and rural municipalities will indicate who can be declared as suburban. The same law has County prefect, that appreciating the general interests and local we can refer to this end the Councils of communes.
This Declaration will follow after a search at the village, made by a comisiune composed of a member of the delegaţiunii, the Chief Engineer, the Mayor of the city, the Mayor and communicate 2 delegates of the rural commune in question.
Comisiunea will find situaţiunea number of inhabitants of the commune, topographic, food, hygienic state and public utilities (water supply, lighting, channel, etc., roads linking urban village, forests and water courses, distance between municipalities, ocupaţiunea inhabitants of taking products and any other informaţiuni thinks necessary.
The findings of the Commission shall be recorded in the minutes, which will join and an outline of the plan.
Article 85 urban commune Council, based on the data decides if rural township to be investigated is declared or not suburban.
Against this conclusion in the municipalities concerned, as well as Prefect, can call within 10 days at the Interior Ministry, which will rule within the term of 30 days.
Decisions of the boards even though they were not dialed, it cannot be put into work after approval by the Minister of the Interior, which will rule within the period above.
Article 86 approved Decisions cannot be appealed against on any path. They shall be notified to the interested municipalities and shall be published in the Official Gazette and in the "Gazette of the County".
These decisions are binding on the communes concerned and result in the fulfilment of all dispoziţiunilor as provided by law.
Within a period of one year from the presence of those judgments, by putting the care of urban communes shall arise out of general plans of situations who will comprise each municipality and urban rural suburban communes concerned declared.
Article 87 suburban Township retains its individuality, having regard to the Council's own communal and municipal authorities.
Article 88 the mayor or mayor of the suburban Township delegate forms part of the commune's Urban Council concerned.
When I'm in discuţiune matters of common interest to both, who, in particular, measures edilitate and power, the Council of the commune is represented to the suburban Council deliberations on urban commune near primary and permanent delegation will deliberative.
Article 89, Regulations edilitate and communal police of suburban commune will not be able to be put into execution until approved by the Council of the commune is linked to urban.
Health measures taken by urban communes will be mandatory for suburban municipalities.
Article 90 If there are misunderstandings between urban and suburban municipalities on the measures to give pursuant to dispoziţiunilor above, the Ministry of Interior to pronounce definitively within 10 day from when it was sezisat.
The House of Commons Administration are indebted to execute the measures approved under the penalties prescribed by the laws and regulations.
Article 91 For the application of regulation edilitate, and the municipal police, the rural suburban communes may be associated with urban township as to set up and maintain a joint service of execuţiune and control.
Article 92 buildings and establishments and all contents in the perimeter of the suburban will be subject to the hygiene measures, edilitate and municipal police established by urban and suburban municipalities concerned.
Chapter XI services and 93 communes Article officials Each municipality will establish who needs services and within the resources of who.
Municipalities will thus have the technical, administrative, financial, statistical, economic, public health, objectionable and other oricari would be dictated by local needs.
Municipalities can give not only administrative services, but also those of any desvoltare would ask their local needs, to the extent of funds who have.
Article 94 Each municipality will have at least one Secretary. The Secretary may be and account executive.
Article 95 is the Chief Secretary of the Chancellery. In this capacity he has all archives and supervision of works.
He countersigns all laws and attending all Board meetings, especially communal being tasked with drawing up the minutes of meetings and with the transcription in a special register of deliberaţiunilor delegaţiunii and communal Council permanent.
Article 96 Tellers and salespeople must submit specific doers guarantees. They work under the same conditions and with the same liability as to similar State officials.
Article 97 rural Municipalities who do not have the means, you can assign them to jointly pay the staff needed agricultural, technical, sanitary, veterinary, etc.
Assign to this end cannot be done only with the approval of the Commissioner, on the basis of delegaţiunii County.
Article 98 Officials of two aldermen are: administrative and specialized.
In the first category belong: aldermen Secretaries, directors or heads of different services, as well as the heads of biurou, impiegaţii and asimilaţii them.
In the second category belong: education, staff of the lower courts and staff health, veterinary, technical, economic, financial, and agriculture.
Article 99 the rigid conditions of admissibility of specialized officials whose appointment falls within the municipal authorities, as well as competinţa and their rights to the submission, retribuţiune, disciplinary action and retirement are those laid down in the staff regulations and laws.
This personal appointment is made on the basis of the proposals of the Chief of the service in question.
The rigid conditions of admissibility of administrative officials and other rights of the aldermen are laid down in the statutes and the law.
Municipal authorities have the right to exercise control over the officials immediately.
The mayors or their substitutes may at any time request the setting in motion of disciplinary action for irregularities committed by these officials, the ministries concerned are obliged to follow up immediately.
Comisiunilor communal administrations before disciplinary will be represented by a delegate of the Ministry concerned.
Article 100 Each municipality shall draw up regulations, in accordance with the law, through which alone will determine the way thorough organizing different services, atribuţiunile and retribuţiunea.
Title III chapter I Composition County County Council County Council Article 101 shall consist of: three-fifths of the elected members) all district voters, with universal, equal, direct, secret and obligatory through elections and the representation of the minority;
b) up to two-fifths of the members.
Article 102 district Councilors elected settles in proporţiune with populaţiunea without osebire by gender, age or nationality. In this calculation does not fall within populaţiunea County cities of residence.
This number is of 36 councilors in the counties who have populaţiune more than 400,000 inhabitants;
30 members in the largest of 200,000 inhabitants;
24 members in other counties.
With elected councillors and a number of alternates equal to a third of their number, who shall be called to complete the legal holidays cropped up within the Council in accordance with the second subparagraph of article dispoziţiunilor. 192. The number of elected district councilors cannot be changed only every 10 years, through the vote of the Council, approved by the Ministry of the Interior with superior administrative opinion, and only where statistics populaţiunii will advertise a change according to the rules set out above.
Article 103 Are counselors of law: the Mayor and possibly up to two elected councilors from the Commune Council of urban residence;
The Inspector General and the most senior representatives in professional grade and secondary education;
Representatives of the most senior in rank of ministries of public health and Social Ocrotirilor, agriculture and Domains (livestock and forests) and public works;
The archpriest NAE Vasilescu cult that has most believers in the County and residing in the capital of the County. If there are multiple protoerei in this situation will most prefer Valdez.
One representative of Chambers of agriculture, Commerce, industry and employment;
Head of the Legal Department of the State in question;
A representative of the cooperative system, namely: Chairman of federalei production and the lack of popular banks, President of federalei, which is headquartered in the capital of the County.
Law advisors will designate in the order set out above.
Their nomination will be made immediately after the publication of the convocation of the electoral body, respectively.
Article 104 counselors who are to be part of county councils as law counselors, will be appointed by the Council of the commune of urban residence of the county respectively.
Representatives of the Chambers of agriculture, Commerce, industry and labor will be appointed by the steering committees of their respective Boards.
Article 105 of the law fixing the number of Councillors for each category, in order of their nomination is determined by article 105. 103 and condiţiunilor, which must meet these counselors, will be made by the Supervisory Board.
Article 106 advisers must be part of eligible or to exercise their function or profession in the respective County.
Article 107 where the Council of the commune of urban residence times of agricultural industry Chambers, trade and employment will not be appointed within 15 days as advisers, intended to be part of the County Council, this operation will meet the Minister of the Interior for communal Council and the respective Ministers for agriculture, industry, trade and labor.
Chapter II establishment of County comisiunilor County Council and Article 108 If there were complaints over the election or if they were found groundless, the county councils shall be convened by the Minister of the Interior in order to rule on the cases of legal incapacity, nedemnitate and incompatibility.
The Councillors elected will do in noui presence prefect following oath: "I swear allegiance to the King and Constituţiunii, I swear to apply with equity laws of the country and to defend their interests, the County".
No member of the Council may not take part in the deliberations, shall take an oath before the oath.
County Council convenes as if it was not convened within 15 days of a complaint being made against rejection from the way of election or expiry where dela could make appeals.
After taking the oath, the Board, chaired by most of its members, shall elect by secret ballot the Office for four years.
Biuroul is composed of a President, two vice presidents, two Secretaries and two Questors. On the expiry of four years until the formation of the new biurou, biurou old works.
Article 110 since the formation of biuroului, the Council, taking account of the knowledge and specialty members who compose it, will form five comisiuni, each of at least five members and a maximum of eight members.
These comisiuni have atribuţiunea to study all matters to retailers who enters in the fallout of the County Council and to refer in writing, by means of a report, in the form to which the question will come up in plenary discuţiunea.
County Council with the election of comisiunilor, through his vote, designate for each of them, a rapporteur and an alternate.
Rapporteurs and their alternates may not be appointed from among the members of the Council, which would be the servants of the State.
Article 111 Comisiunile are elected for 4-year term and shall be chaired by the oldest of the members.
Their term of office expires at the age of preînoirea Council. Members whose term has expired may be in the legislature.
A county councillor may be part of a maximum of 2 comisiuni.
Article 112 Comisiunile are as follows: (a) administrative, financial) Comisiunea and control.
This comisiune handles all administrative matters, for all what concerns the finances of the County Council, with its observaţiunile project budget put together by the County, check the delegaţiunea permanent County calculations and presents them with the report to the Council;
b) Comisiunea public works deals with the study of issues relating to the means of communication by land and water, sewers, correction of water courses, construcţiuni, etc.;
c) Comisiunea economic research deals with matters relating to agriculture, industry and commerce, with all their branches and with the entire economy of the County. It examines what measures have been taken to supply populaţiunii funnels with Essentials;
d) culture and education Comisiunea studying all issues relating to worship and vocational education, elementary and primary education;
Comisiunea health and e) social assistance deals with all matters relating to public health and social assistance, combating epidemics and in General improving and maintaining health and charitable institutions for social assistance of any kind.
Comisiunile can make the Council any proposals relating to the matters in their field which enters competinţa.
District Councillors specialty of law take part in the respective comisiunile.
Article 113 the prefect may take part in the meetings of those comisiuni, and heads of County special services, as well as the financial administrator, are required to participate in the meetings of the Commission and to give explicaţiunile what will be required. Comisiunile can ask for lights and other specialists than those who are in the service of the County, for the resolution of questions of their competinţa.
Article 114 the rapporteur, or in case of foreclosure, alternate, previously studying matters to be desbătute of comisiuni and presents them with a written report.
Article 115 Comisiunile may decide to investigate issues of their investigation at the competinţa locality, through ' one or more officials of the Commission.
Article 116 Comisiunile works wherever it is needed.
They may, however, be convened by the County prefect or permanent delegation after the County's request.
Chapter III, Article 117 Atribuţiunile County Council County Councils have the initiative and decide in all matters of County interest in accordance with the law and special laws.
Through delegaţiunea County oversees, controls and leads the administration of County services, as well as that of the municipalities in the County, except for the municipalities.
I'm obligated to be utter on the questions what are the various laws and refers to execute and dispoziţiunile ordered by the central authority within the limits of its legal competinţei, in the general interest.
Article 118 of the County Are of interest particularly on matters relating to: (a) primary education), vocational and secondary;
(b) public health and safety), namely: the building, maintenance and supervision from the administrative burden of hospitals, dispensariilor, infirmeriilor, etc., as well as the appointment of district administrative staff and the necessary instituţiuni and sanitary establishments of these above mentioned out of any physicians category;
c) construction and maintenance of communication routes, public works and administrative and technical personnel appointment respectively out of engineers from any category: d) agriculture and cattle breeding, namely: administration of izlazurilor farm, elementary schools, County agricultural service organization in order to encourage agriculture, horticulture, viticulture, sericiculturii, as well as the appointment of administrative staff and lower specialization;
(e) Measures to support trade), industry, trades, education and protecţiunea for historical monuments.
In all these matters the county councils will collaborate with the Chambers of agriculture, Commerce, industry and labour.
In all these, as well as in other civil enforcement what were ' would give by law, the County Council will stimulate local initiative and will coordinate their activities in order to ensure the proper use of as local State assets through their respective departments keeping general directives, control and atribuţiunile what does based on the laws in question.
The County may cooperate with municipalities, local interest, and works with the State for general interest, vote on the annual budget, manages the assets of the County, County Services determines the number of functionaries and they fix retribuţiunile, acting within the limits of laws laying and collecting various taxes and fees, take measures for the protection of the interests of Justice authorizing County starting processes and their extinction, decides on the provision , sales, exchanges, donaţiuni, purchases, receipt of related etc.
Chapter IV operation of County Council Article 119 County Council meets in the capital of the County, on the premises of the Prefecture, in the regular session to 1 Octomvrie and 1 March of each year He meets at this data, even if n ' was convened.
In extraordinary session, the Council shall meet as often as the interests of the County, this advertisement or request the prefect or the Minister of the Interior.
The convening of the special session is done with the approval of the Minister of the Interior, which will communicate the reasons for calling and the program works with who will have to deal with the Council.
Article 120 the convocation is done for all sessions by the President of the Council.
If the President did not make the convocation within 10 days of when the President takes the special session press release approval by the Minister of Internal Affairs, this will then convene makes prefect.
Article 121 ordinary session Duration is 15 days but may be extended as a result of the decision of the Council, which will be reported and the prefect.
The duration of the special session is unable to depăşască 10 days.
It can however be extended with his consent of the Council, approved by the Interior Ministry on the extent of needs.
Article 122 the convening of the regular session and must precede the extraordinary 10 days to at least the day fixed for the meeting, except in cases of urgency referred to in the Act who funnels of convocation. The Act of calling for competition will be published in "Monitorul County" for both the regular session and extraordinary.
In addition to this the President of Convocation may addressed to special advisers at his residence and încunoştiinţări.
Summonses, both those published and individual, must contain the programme of works and subject matter of the call.
Article 123 session of the Council extending the Ordinance may by the Interior Minister, for a period not exceeding one month.
Article 124 of the work Programme shall be determined jointly by the Chairman of the County Council, permanent delegation and County prefect.
Article 125 County Council holds one or more sessions a day. Meetings are public. However after the President's request, the prefect or of one third of the members present, the meeting can be declared secret.
The meetings discuss matters set out unto the head. III, VI and X, under Title IV may never be secrets.
Article 126 Meetings open and close. They begin reading necessarily the minutes of the meeting last month that is approved by the Council in the case when no Adviser has no observaţiuni to do.
The agreed minute signed by the Chairman and one of the Secretaries. Each Advisor has the right to ask to make mention in the report, that he had voted for or against a proposal adopted or rejected.
The minutes of the Council meetings shall be kept in the order in which they were completed and published in the journal of the County ", no later than 10 days after the closing of the session from the rock. They are transcribed in a numbered register initialled by the President and by the Secretary of the County Council.
The Chairman may order that the decisions taken in secret meetings to be kept secret, as believed it is necessary for the best interests of the county or the State.
No matter cannot be brought to the discuţiunea Council, if it is not covered by the order of the day, except only if it has been declared urgent.
The emergency declared with two-thirds of the members present, with motivation in the minutes of the meeting, indicating that the delay would învederat păgubi County or a general interest of the State.
Matters contained in art. 211 may not be declared urgent. The agenda for at least one day prior to the meeting by the Office concerned, in agreement with the President. The order of the day is displayed in the Hall.
For the first day of the session, the agenda shall be communicated to Councillors with the summons.
In addition to advisors, who have the right district to require intervertirea majority agenda, the prefect may and he before or during the hearing, to ask them to put in discuţiune matters what to press or put in the deliberations of the Council.
Article 128 of the Assembly President has the police. He exercises by means of Quaestors was piquette and guard what has to be provided by the garrison.
To this end the Chairman înştinţează to time garrison. If you did not make this claim, he can make the prefect.
In public meetings, the President may, after inviting the order, addressed to the public, to order their arrest at midday, turburătorilor and communicating about this as soon as the Public Ministry, which will decide in accordance with the law, if you measure must be maintained.
When keeping the sessions will be turburată by any one of the members, then the County Council, the absolute majority of those present, will be able to pronounce the temporary exclusion of that counsel, without this exclusion may be longer than the duration of that session.
The police are obliged to execute the order of the President of the Council and to the person who was sent to the disposal of the judicial authority.
Article 129 Any meeting of the County Council, which would constitute ' and it takes out the time for which it has been convened, in another place and otherwise established by law, it is illegal.
Minister of the Interior or the prefect of the County will take action as well gatherings to dispel immediately by bringing in the same time Prosecutor, who will find it will prosecute guilty if they have deliberated on matters who could order the State safety and unregulated.
Counselors find such guilty can be punished with imprisonment for up to one month from the presence of two years, declared excluded from Council and the municipal councils and ineligible in the County for four years counted from the day of condemnation.
The court sentence against those concerned have the right of appeal within the time limits laid down by the courts and in criminal proceedings.
The acts or decisions of who s ' would get into such a meeting are null and void and neexistente.
Article 130 County Council cannot deliberate unless is present at least an absolute majority of the members who comprise the Assembly and any resolution is not valid, if not met by an absolute majority of votes of the members present, except where the law has not only established a quorum or a majority greater than votes.
In the event of parity, the proposal is rejected and in case of the invalidity of voting it is repeated in the next meeting.
If this meeting and to vote is also null, the proposal is rejected, he counts.
Article 131 Counselors roll-call vote or by a show of hands. Over all proposals or încheeri, they only roll-call votes.
In matters of people voting is secret.
Article 132 members may not speak until after they asked him and he gave the President, who shall be obliged to grant it in the registration order of speakers.
The President calls on the issue on the speaker that depart from the way her personality, any any insult, it counts it a violation of the order. In this case, the order's President calls on speaker. Call to order did not pass in the minutes of the meeting with the approval of the Council than.
Article 133 of the county counsel's mandate is not a salary. However Councillors will receive a been summoned transportation and maintenance for each day of work or for specific special tasks, with delegates who have been eluding them unto their usual dela ocupaţiunile.
Article 134 At meetings of the Board will assist in forever, as the representative of the Government of the County prefect, or împedicare as its Deputy Prefect.
Article 135 in all matters who is County prefect desbat, may require the word and Yes explicaţiunile.
He did not take part in the vote.
Article 136 of the County Board meetings take part in forever and the Secretary of the Council, which tracks and records the walking desbaterilor typing the minutes of the meeting.
Article 137 of the County Council may establish committees of citizens without distinction of sex, under the guidance of an adviser, to give the administraţiunii contest on matters of local interest, and especially those relating to education, worship, health, social protection, communication and agriculture.
Chapter V atribuţiunile Delegaţiunea County and her permanent Article 138 of the five Rapporteurs the specialized delegaţiunea comisiuni compose County. Their alternates are alternates for the members of that delegaţiuni.
Article 139 delegaţiunei permanent President is prefect. In his absence, its meetings shall preside over the older ones from among the members present you delegaţiunii.
Article 140 the delegation meeting at the prefecture. It will take a Secretary of the County Council's Secretary, tasked with keeping the works. He takes part in all meetings and countersigned by all delegaţiunii.
In the case of împiedecare, the Secretary is replaced in its atribuţiunile by a county administrative officer, delegate prefect.
Delegaţiunea County public works.
Article 141 the delegation can work out with three members. The presence of the prefect or his substitute is required.
For every meeting ends a report signed by all the members who have taken part in it and the Secretary.
In the case when the work of the delegation would be împedicate by the lack of members, will call at their meeting, which alternates shall be remunerated with a daily allowance fixed by the County Council.
Article 142 delegaţiunii Members by mutual agreement will allocate the work after each specialty.
Article 143 Permanent Delegation to pronounce on any of the issues of competinţa Council, out of voting on the budget, approving loans and Daffy Duck, acts of disposition (transfer, transactions, etc.), concessions services, associations, municipalities and territorial changes in the County.
Article 144 Delegaţiunea has its own civil and namely: a) Oversees the administration of County services;
b) Supervises, controls and leads from the county administration of communes out of municipalities;
c) to pronounce upon the încheerii communal councils, whenever the law requires it;
d) shall submit the required competinte;
(e) decide all appeals) or calls that are given in competinţă by law;
f) is pronounced as a Court of conciliation in accordance with dispoziţiunile of this Act;
g) take steps to defend the interests of the County Court, before which the County is represented by a member of the delegation.
Delegaţiunea is obligated to refer the County Council every seziune about the status of processes. In urgent cases may make any legal act for preserving the legal rights.
Article 145 permanent and Delegaţiunea is an advisory body of the prefect, who may ask for their opinion in any matters of local interest.
Article 146 the prefect or his substitute may attack with appeal decisions by the county when they are delegaţiunii with those breaking the law or regulations, or where they are against the general interest, even if they find themselves running.
Minister of the Interior shall act in an administrative opinion.
Article 147 delegaţiunii Members will be remunerated with a fixed salary from which deductions will be made for pension and they will not be able to simultaneously occupy any public function. Retribuţiunea the Council, and shall be entered in the budget shall be in the County that year.
Article 148 members of permanent settlements can be delegaţiunilor suspended or removed from their functions by the Interior Minister for the same reasons and with the same forms as those of permanent residence delegaţiunilor county municipalities. Vacations are being fulfilled with alternates; When they are missing, the County Council elections proceeds noui.
The County Council's first meeting will be încunoştiinţat about the disciplinary measures taken against members of the permanent delegaţiunii.
Chapter VI services and district officials Article 149 administraţiunii County Services are as follows: administrative service, financial service, and accounting, statistical service, technical service of roads and construcţiunilor, health service and social service ocrotirilor veterinary and zootechnical matters, education, service, service, service and community service efforts.
Counties will be able to give existing ones which it imposes on goods and services atribuţiunile in the report and by who. They can set up and other services.
Article 150 district Officials are of two categories: Professional and administrative.
In the first category belong to the Secretary of the County Council, directors or heads of different services, as well as the heads of biurou, their impiegaţii and asimilaţii.
In the second category belong: primary education and professional staff, staff of the lower courts and health, veterinary, financial, economic, technical and agricultural.
Article 151 to be appointed Secretary of the County Council candidate must meet the same conditions as praetor. He is assimilated to the degree, salary and rights to forward with pretor.
Article 152 the Secretary assists the County Council at the meetings of the Permanent Council and delegaţiunii, compile and record the minutes of all meetings, countersigned who exudes dela delegaţiunea and the Council or the responsible of the good of the county administrative service.
Drafting and regular occurrence of care "County Monitor" enters one side of the atribuţiunile Secretary.
In his absence, or in the event of foreclosure, he is replaced in his atribuţiunile a biurou designated delegaţiunea.
The current County Secretaries who will be determining the promulgation, shall confirm in their functions.
Article 153 the rigid conditions of admissibility of specialized officials whose appointment falls within competinţa county authority, as well as their rights to the submission, retribuţiuni, discipline and retirement, are those provided in the Statute and laws.
This personal appointment is made on the basis of proposals from the heads of their respective services.
Conditions for admissibility of district administrative officials and who other rights are provided for in the Statute and the law.
Article 154 the County Administration has the right to exercise control over the officials immediately.
The prefect may at any time request the setting in motion of disciplinary action for irregularities committed by these officials and ministries concerned are obliged to follow up immediately.
Before the Commission for disciplinary prefect will be represented by a delegate of the Ministry concerned.
Article 155 Every County Council shall draw up, in accordance with the law, through which alone will determine, on a thorough organization of various services, atribuţiunile and retribuţiunea.
Title IV Chapter I Dispoziţiuni common administrative Elections and Voters eligible SECTION I the municipality and County Article 156 Are common and County voters to all Romanian citizens who, in addition to other conditions which must be fulfilled by the voters for the Assembly of Deputies, also aged 21 years and real domicile for at least one year in the town or county where they are to exercise their rights. This condiţiune is not required of public servants.
Voters residing in the capital of the County shall not vote at the county elections; they are eligible in the county councils.
Property owners from climatic resorts and spas can declare the respective town halls during the month of January each year before voters remain definitive, that understand the right to exercise their vote in those municipalities even if they don't have their real domicile there.
Are also eligible voters in the County Council, even if you do not reside in the real County, Romanian citizens who exercise a trade, an industry, a profession, or are the owners of buildings and made within the time limit indicated in paragraph 3 the statement of their will to the Mayor's Office in the county where they intenţiunea to exercise their right to vote.
Article 157 of the communal and County voter lists are formed by the permanent delegation of each joint and communal.
Article 158 the electoral roll will be in alphabetical order, by last name, serial number of voters, or last name, age, ocupaţiunea, showing whether the voter is the municipality or County and a section for observations.
The electoral roll will be displayed in drawing up their no later than 1 Fevruarie and changes what ' would make every year will show everything up to that date.
Any citizen will be able to challenge the omissions, deletions or unlawful entries, through requests addressed to the judge that detour within 10 days from the rock show.
The judge shall decide in Council within 10 days from the presence of their receipt.
The terms of the judgment will show up at the door of the Court. The judge's decision shall be final and shall communicate on their own initiative and urgency of the Town Hall, which will comply.
Final lists will be posted by the communal authority in a special register numbered and initialled by the judge of the detour. Register your copy is submitted to the District Court of detour.
The register will be kept at the disposal of any citizen. They will be able to publish lists and brochures.
These lists thus prepared are permanent.
The municipal authority will cater to distribue later voters ' cards until three days before the election. The remaining undistributed at this term shall arise out of those interested in the municipalities of City Hall, which from the countryside, and in other municipalities of the respective District Court Dale detour, where one will do.
Deletion or inclusion again in permanent voter lists will be made after the forms shown above each year. Delegaţiunea permanent communal rural communes and in conjunction with the notary, make these changes, it shows the door of the House, and communicate it without delay in writing, under the proof of the making of the parties concerned, not later than 15 January of each year. They can address with requests the judge detour.
The procedure will follow as shown above.
Municipal authorities are obliged to make final changes in the register.
Appeal shall not suspend the execution.
Article 159 municipal councils are eligible and County all Romanian citizens who, in addition to being generally voters were age 25 years old and I know Miss and writes, as well as those show in the art. 156, para. II and III.
Article 160 of the voters and the elected officials and county municipality dela applicable to cases of incapacity, nedemnitate and incompatibility laid down both in the present law and the electoral law for legislative Bodies elections.
Article 161 cannot be elected Councillors: active soldiers, debitanţii of spirits in the rural communes, nuns, commune or County property leaseholders, whether direct or through persons entrepreneurs frontmen of the different works or supplies of the commune or county officials, supported by the municipality, County, State or public establishments under their control.
Article 162 of the municipal councillor's mandate is incompatible with that of the county counsel, apart from excepţiunile. 19, paragraph 2. 1 and art. 103, para. 1. One who finds himself in this category must opt in within 3 days from the presence of one of these validation mandates.
If not, it's considered opting Board Member where he chose earlier, declaring himself the other vacant seat.
May not be members of the same Council relatives up to the fourth degree inclusive.
In the case when these eventualities would crop up, will be the most preferred among the elect.
Terms of reference of article 163 once accepted is compulsory and may not be refused for: than the age of 60 years old, the disease that put in the impossibility to exercise the mandate, change of domicile, rooted in a public service that is incompatible with the mandate of Councillor.
Counselors who after two invitation takes the oath to provide themselves or who refuse to provide it, as well as those who are missing after taking the oath, without reasons legiuite, five consecutive meetings or one third of the total number of meetings during the year shall be punishable with fine up to 1,000 dela 100 lei in rural communes and urban nereşedinţe, from 1,000-10,000 lei in urban townships and counties residences. Câtimea amendei shall be decided by the Council and shall be levied, in accordance with law, in the interests of communal house or County.
If the Council does not take action to check these deviations, the prefect, ex officio for municipalities out of municipalities, and Interior Minister for municipalities and counties, are entitled to investigate the facts and to apply the penalties listed above.
These authorities cannot, however, take any action until after the înştinţaţi were advisers to defend, either verbally or by memories.
If failure or refusal by their advisers to provide sworn, village or County have suffered any damage, they are liable, in accordance with Chapter dispoziţiunilor dela responsibilities.
SECTION II ordinary Election and complementary preînoire Article 164 aldermen and County Voters may be summoned for ordinary elections, preînoire or complementary.
Article 165 of the regular Elections are held at the expiry of the term of 8 years from the expiry of the term of Office of Councillors elected by universal suffrage, or at any time, or when the Council is elected in his Panel.
Preînoire election held in every four years to elect a third of the Councillors who shall be appointed by drawing of lots.
Complementary elections can take place at any time during the period of 8 years, when vacations unfulfilled with alternates arrive at one-third the number of Councillors elected.
Article 166 If communal elections for various causes have not been possible at the time, the old councils or commissions and the interim rules established after the guarantee.
SECTION III convening of Aldermen and County voters. Article 167 electoral operations have always held Elections in no later than 2 months from the rock they fulfillment fact has caused, and the convening of the electoral body shall make and publish at least 21 days before the day fixed for the election.
The convening of the House of Commons and urban voters, out of municipalities is done by order of the prefect.
Convening district voters and the municipalities shall be by order of the Minister of the Interior.
Ordinary elections or electoral body be convened will be made so that the elections to be carried out before the expiry of the term of the Council that you înlocueşte.
Article 168 summons shall show the purpose of the call, if voters are summoned for the election of the county or municipality, namely what, if voters are summoned for the election, ordinary, or extra preînoire, where making the choice, the number of Councillors who are elected, the day following an election, start time and finirii of voting, as well as the date of the Council meeting that may not be the furthest 15 days of election date. MORIS
The convocation will be published in the Official Gazette for municipalities and counties and in other County Gazette and will be the first President of the Tribunal is governed by the central electoral Board Chairman biuroului.
Article 169 Each municipality is a constituency in the municipal elections.
When the number of voters of a municipality is greater of 1,500, circumscripţiunea will be able to be shared, in order to facilitate electoral operations, in multiple sections.
Article 170 distribution of voters voting sections shall be made by the President of the biuroului Highlands at least 15 days before the day of election, showing its care through the door of the Tribunal and shall be notified to the prefect of the County, which in turn, publish it and a display in the localities where following an election. These publicaţiuni will encompass all the indications shown in the order of Convocation, and the premises where they will vote, time of commencement and finirii voting.
One of the sections will centralize and total votes, all other sections from the rock will proclaim the result of the election and terms of Office will be divided.
County elections, central electoral results centralizes biuroul dela all sections of the County, shall allocate mandates and proclaim the result of the election in accordance with law prescripţiunilor.
Article 171 Electoral Operations for both the municipality and the County lasts for one day. They start at 8 o'clock in the morning, with only one interruption of two hours during the meal, and continues until 5 p.m., may be extended by the President of biuroului polling stations until 10 if there are voters who did not vote.
Article 172 Biurourile election of presiding magistrates, nominated by the first President of the Court or his replacement, 10 days before the election and by drawing lots. In municipalities where courts of appeal operate, presiding judges and are appointed by the first President of the Court of appeal or his substitute, and in the case when the number of judges and ajutorilor of detour, and the Magistrates Court is not enough to make up with Court of appeal advisors.
With lots of magistrates shall be determined and the section that will centralize the proclaim, and the outcome of the vote total for the communal elections. The first President of the Court or his replacement as Chairman is biuroului electorate.
In the case when the number of magistrates called to preside over the elections for rural municipalities, would be less than the number of communes in the field which is to be made, they will be carried out by groups of municipalities.
Grouping of communes will be made by the first President of the Court or its substitute with lots of magistrates to preside over election delegates.
When these elections lack magistrates ' could not be performed in time, they will be able to be chaired exceptionally by District Councillors appointed by lots in the first public meeting of the President of the Court or his replacement, while with the formation of groups of communes.
Article 173 in the case when the number of magistrates are called to preside over county elections would be less than the number of polling stations, this election will be carried out by groups of counties.
Grouping the counties and the number of polling stations will be established by the Minister of internal affairs together with Minister of Justice, taking as a basis the districts courts of appeal and prefects in respect of reports the number of voters, transport possibilities and proposals concerning the number of sections. Appointment of magistrates who will preside over the voting sections will be divided by the first President of the Court of appeal or his substitute among all district magistrates out of first President or a counselor and first President of the Court or his replacement, who will remain at Headquarters.
Article 174 President biuroului to vote at all elections will be assisted by one of the clerks or ajutorii which belongs to the Court and in the absence of an official delegation of the registry for that purpose, and by two electors, the Deputy or of those who have been appointed by the candidates with the applications.
Article 175 candidates are making Proposal for both municipalities and County for at least eight days before the day fixed for polling and until 6 p.m. of the last day.
In rural communes and urban nereşedinţe the proposal is made to the judge in whose constituency detour find. In the capitals of the County and for County election proposal shall be made to the first President of the Court of first instance, respectively.
The proposal must be submitted in writing in duplicate and signed by a number of at least 25 voters in rural and urban municipalities, and at least 50 in municipalities and counties.
Propunători voters will be presented with in person or through an agent. The magistrate receiving proposals will ensure their identity and if both they and candidates listed in the electoral rolls. It is not mandatory the presence before judges of the proposer from rural communes. Their identity can be attested by the notary.
For rural municipalities the proposal of candidates can be done verbally and, but only before the judge.
The magistrate who has received proposals from candidates will take note of the statements made and will record the names of the candidates in the order required by dresând propunători, a record.
Article 176 each list must contain a number of candidates equal to the number of Councillors being elected, as well as a number of candidates equal to one third of the total number of Councillors, for the election of the Deputy members.
When a municipality consists of several villages, the proposed listings should include at least one candidate for each village.
No one can run on only one list.
Article 177 with applications or at most until the preziua election, proponents or applicants will be able to appoint judges for each list and for each section of voting by two voters and two delegates.
Article 178 Candidates must declare in writing or verbally, in front of magistrate competinte, admissibility of at least 7 days before the day fixed for polling.
In the same period proponents have the faculty to declare a distinguishing feature, namely a number of black spots in the diameter of 5 mm or black bars in length of 1 cm. acceptance of applications For rural municipalities will be able to make before the notary who certifies them after, they shall submit to the judge concerned.
Once accepted, candidates their withdrawal will not influence the validity of the list.
Article 179 shall be deemed null and void cari contain a number higher or lower than that of candidates required by law, and those who are not made according to dispoziţiunilor. 176. Article 180 on the first day after the expiry of the period for receiving applications, the magistrate concerned shall order the printing of ballot papers.
Article 181 the ballot will take the form of a sheet of letter paper in four pages.
The dimensions to be determined by the magistrate who has printing, with due regard to the number of lists.
Neither a case Bulletin will not exceed the format of a regular sheet of writing paper.
Article 182 the paper ballots will be white and split into pages 1, 2, 3, etc., and in so many despărţituri equal how many lists of candidates were deposited.
These will be numbered despărţituri, which from left to right — and each of them will be printed one of the lists, indicating the proposed candidates and alternates, in the order in which they were proposed and their names in the order they were declared.
All ballot papers will be printed with the same characters and the same ink, given at the head of each list have been declared hallmarks.
Last page of the bulletin will remain white for that President to their respective polling division to apply his seal on it.
Article 183 ballots is entrusted to each of the election of President biuroul, under the evidence, making up on the eve of the day determined for the conduct of elections. The number of ballots will exceed by 10 percent the number of voters from the way each section.
On the day determined for the electoral operation, prior to the start of voting President biurou will be applied on each video last of each seal newsletter.
The voters vote and receive the biuroului bulletin containing President Dale all have lists who proposed, as well as a stamp which has printed the word "voted". Biuroului President shall ensure that the voter's identity and explains how. The voter enters the Chamber to vote, "voted" stamp on the list that you choose and then presents the President bent four bulletin, highlights the President's seal is applied.
Article 185 shall be null and void ballots who does not bear the seal applied chairwoman for control, those presented, those who are deleted some candidates, and those who would not be from those printed by the judicial authority or care who contain obvious signs of a prior agreement.
Cancellation shall be delivered to the President's vote bulletins for presentation do not bear a seal who applied or are portrayed, and for others to read.
Count the cast votes into account and come undone, except those presented open or without seal, which shall be deemed to be non-.
Article 186 Proponents or applicants may declare that waives the appointment of delegates and nurses and let the President biuroului to choose assistants of the voters if it finds necessary.
Article 187 on election Police at voting and in an area up to 500 metres around this place made by the President of biuroului, which has at its disposal troops and where there are troops, gendarmes.
In rural municipalities voting area comprises the entire municipality.
Article 188 nobody is allowed to go armed in the area and the vote, nor to make propaganda through the sell, nor to constitute aglomeraţiuni. In the area of voting all debts of spirits will be closed, and the rural municipalities of this measure extends throughout the municipality, in the day of election.
Article 189 once the poll closed, no one can enter the Hall voting than candidates, delegates and assistants.
The President shall proceed immediately to the vote despuierea.
It includes read each newsletter with a loud, pronouncing the name of the that was voted, saying ballots who are cancelled.
Included in the number of paintings assistants votes fulfilled every list and check each other.
Article 190 for a list to have the majority of seats, must meet, half plus one of the number of voters.
One-fifth of the number of seats is atribue minority.
Atribue lists minority mandates is that obtained at least a fifth of the votes cast.
If two lists won a fifth, atribue minority mandates these lists are equally; and if the number of seats is unmarried, one of them is atribue by drawing lots.
If none of the lists he obtained this number of votes, then all terms of Office shall be atribue the list which has obtained the absolute majority of votes.
191 article If none of the lists he obtained an absolute majority, the election shall be repeated in the corresponding day of the weekend ahead.
At this choice biuroul atribue majority of seats of the list which has obtained the largest number of votes, and mandates that minority list that has obtained a number of votes immediately below the first. In the event of parity, the mandates shall be distributed equally to all lists.
The remaining atribue warrants are retained by drawing lots.
Article 192 Mandates for both majority and minority candidates are addictive atribue each list in the order in which s ' propunători said.
Candidates who by the application of this provision have not come to obţie a mandate, become as alternates for that list.
The number of Deputies shall be up to one-third make up with alternates, proclaim elected the same rules as the holders by assigning each proposed alternates are lists.
Article 193 if you propose only one list of candidates for the President of the Tribunal, legal term for urban municipalities and County residences for counties, and the judge for other common detour proclaims chosen unique list, the next day after the expiry of the proposal, and bring it to the attention of the public.
Article 194 if it is a single action, President biuroului respectively, immediately after finishing the despuerii poll and training assistance report, proclaims the result of the vote.
If there are multiple sections, each section results shall be transmitted in the same evening at the central section, which summarizes them and proclaim the definitive result without interrupting work.
In this case, the Presidents of sections voting finds no than the number of votes face each list and the number of votes invalidated, and the award of mandates is made to the President of the section of the plant.
Article 195 Expenses for printing the ballots shall be borne by the candidates. The amount shall be determined by the President of the central electoral board biuroului for the County and townships where there are multiple sections and judge the other detour will display and publish immediately after the issue of convening the Ordinance voters.
With the proposal of the nominations will be submitted and the amounts needed to print ballots. In the case when no deposit these amounts count void proposals. Other expenses shall be borne by the respective municipal elections for Township and County for county elections.
Article 196 In the first ordinary session of the 4th year of the choice lots in open court by the Mayor in the municipal councils and the President in County Councils, one third of the number of Councillors, instead of which must take place before elections noui start of 5th year. If the number of members who make up the Municipal Council cannot divide with three , Trinity will be calculated from the largest number divisible by three close.
If you are in the Council who have not ' holidays could fill with alternates, those holidays fall within the number of preînoire. At the preînoire is filled in and alternate Councillors who was found vacant at that time.
Article 197 complementary Elections and preînoire are performed in the same way as ordinary ones. Counselors may quit the legislature.
Article 198 municipalities and rural elections Folders urban shall be submitted not later than 24 hours, while those of the prefect of municipalities and counties the Minister of Interior.
Article 199 throughout the electoral operation lasts until the proclamation of the result of the vote, voters, candidates and delegates can make contestaţiuni only by the President of the biuroului, the voting operations, as well as the formalities regarding the convening of electors and other dispoziţiuni in connection with the election.
After the proclamation of the result of election candidates, delegates, or a number of 20 voters are entitled to notify the prefect contestaţiuni upon choosing rural and urban communes and the Interior Minister over the elections in the municipalities and counties.
These contestaţiuni will address within 10 working days of the date of the proclamation of the result from the presence.
Article 200 Interior Minister to pronounce upon the contestaţiunilor of his competinţa with the opinion of the Administrative Council.
The prefect shall pronounce upon the contestaţiunilor of his competinţa with the opinion of the delegaţiunii County.
Managerial decision showing at the Prefecture and the Mayor of the commune.
Contestatorii may submit memoranda and can be heard before issuing the deciziunii over the opposition.
Authorities seized from contestaţiuni can direct any inquiries and investigations. They are, however, obliged to rule no later than 10 days after receipt of contestaţiunii dela. Deciziunile the Interior Minister are final and shall be communicated to the respective mayoralties and prefectures for county councils, publishing in the same time in the Official Gazette.
In v. deciziunilor, prefect candidates, delegates, or contestatorii have the right to appeal to the Home Office within 10 days after the Mayor of the commune, which from the show in question.
The Minister shall decide in the term and with the above forms.
Article 201 all documents of any kind relating to inclusion in electoral rolls, elections, or contestaţiuni, are exempt from the stamps.
Article 202 of law Penalties for legislators and dispoziţiunile taken by that law to ensure the secrecy of the vote, to prevent and punish electoral fraud are applicable to the administrative elections.
Chapter II the validity of communal and County Councils ' deliberations and the deliberations of the permanent delegaţiunilor of article 203 of the communal and county councils are enforceable by themselves, except those who act requires the approval of a higher authority.
Enforceable, even if deliberations n ' have been suspended or cancelled by the competent authority, may be put in the paper, however, until after the expiry of 10 days after their date. MORIS
When their respective Councils încheerile, taken by a two-thirds majority, finds that local interests ' would jeopardize any delay, proceedings of enforcement can be put in the work and before 10 days.
Încheerile permanent delegaţiunilor on the daily management acts are enforceable immediately.
Article 204 a copy your records it finds communal and County Councils ' deliberations will be sent within 48 hours from the presence of their date, Minister of internal affairs when it emanates from the presence of the prefect and the municipalities and counties when other common emanating from the presence
Counselors and the district are shut down: a) to take part in discussions in who they and their relatives or allies up to the fourth degree inclusive have a direct or personal interest;
b) to perform any service or service paid for by the municipality for counselors, for counselors of County District;
c) to intervene as advocaţi or charged business processes started in the counter, if it's the communal Councillor, or of the County, County Councillor;
(d)) to take part in examining accounts a deliberative vote any administraţiuni (municipality, County or administraţiuni outbuildings) from who would do or should have done, and to research any act of its administraţiunii.
I can, however, be called upon to give explicaţiuni, whether the Council reckons it necessary.
Article 206 shall be null and void decisions by municipal and county councils and the permanent delegations: a) foreign objects falling over, or taken apart for their meetings;
b) contrary to the laws and regulations of public administration;
c) Those strides through ' would be approved directly or indirectly any undertaking, accessories or any of the members of the concession;
(d)) as well as those who are contrary to the order and safety of the State.
Nullity may be required by law and rule of any era.
Article 207 shall be taken against anulabile deliberaţiunile dispoziţiunilor art. 205. Article 208 Nullity and annulment of law to pronounce, or on its own initiative or following a request by stakeholders: a) the prefect, when concerns decisions by communal councils out of municipalities;
b) by Interior Minister when it concerns municipalities and counties.
Constables must take the opinion of delegaţiunii, Interior Minister of the superior administrative opinion.
Cancellation must be requested within 10 days of the notification of proceedings prefecturei or Interior Minister, displaying and publishing or dela the minutes of the meeting in the "Monitor" or Communal "County".
Those authorities shall take a decision within 30 days following receipt of the request for cancellation to Dale or Dale at the prefecture or the communication deliberaţiunii Ministry invoacă, ex officio.
In v. deciziunilor prefect interested parties have the right of appeal to the Interior Minister, who stands with the opinion of the Administrative Council, within 10 days after receipt of the request from the rock.
This time limit may be extended up to 80 days to resolve the call Ministry, you need noui research.
The cancellation procedure is without prejudice to the rights of third parties and the authorities harmed to capitalize on common law damages.
Article 209 All communal councils and County deciziunile will be made available to citizens or to any authority, which would you guys to be aware of or to take copies of them.
However, the Council may decide that in the decisions relating to contentious business or even other can keep secrets when the interests of the inhabitants, of the county or the State would be jeopardized by their publication.
Supervisory authorities and members of the County Council and Municipal Board shall have the right at any time to inspect all documents and secret deliberations, in the Chancellery of City Hall or the county administration.
Article 210 Prefect and Minister of the Interior shall have the right to suspend the execution of the county councils ' deliberations and, even when I'm running, if you fall within the cases. Proceedings of the anulabile, if they were put into force before the expiry of the time limits laid down by law, it may also suspend the authority of the competent superior.
Matters relating to article 211 start-up fees, taxes, cotizaţiuni, tranzacţiuni, real estate sales in the area of the municipalities and counties, stingeri, loans, concessions, public services such as railways, tramvae or other means of transport of undertakings, sewers, matters the Constitution of associations and societies, and to matters covered by title IV, chapter II. X cannot be brought into the communal councils or County discuţiunea as urgent matters.
They cannot be rated until after two readings every 10 days and, once they have been set out in the agenda and shown with 10 days before the Council meeting.
Chapter III, Article 212 and communal works Administraţiunile and County will draw up an inventory covering the entire movable and real estate fortune of the village or County.
This inventory will always keep abreast of changes would occur in the situaţiunea estate.
It will be completed and supported the plans, hotărnicii and other descriptive documents and estimates.
The inventory will be kept in the archive, under the responsibility of the civil servants in charge of this service and that will keep the current heads of the administraţiunii situaţiunea of assets, contained in it.
Article 213 following the entry into service of a new Board, he will be unaware of the contents of the inventory.
The prefect, Mayor and delegaţiuni are permanent to ensure that personnel responsible for the existence and condition of furnishings and buildings listed in the inventory.
Article 214 Administraţiunile communal and County will oversee nearly properties belonging to them, caring for what to do at the time the necessary buildings and reparaţiunile not to let different goods, productive insisting that they are used for their intended purpose and the greatest use of the commune or County.
Administraţiunilor heads will priveghea not to produce gripping or encroachments and will take all necessary measures for the preservation or acquisition of rights related to the respective properties.
Article 215 sale, leasing, rental will be made by the respective Councils, through licitaţiune and in accordance with special laws dispoziţiunile.
Licitaţiunile up to the twentieth part of the annual ordinary revenue of the communes is approved by delegaţiunea 20th permanent communal dela up to one-tenth of the communal Council approves, from the tenth up is approved by delegaţiunea for permanent county municipalities of the Interior Ministry with the opinion of the Administrative Council.
Licitaţiunile for counties for the twentieth part of the annual income of an ordinary County delegaţiunea County approves permanent, from the 20th till the tenth by the County Council and from tenth in the top of the Interior Ministry with the opinion of the Administrative Council.
Article 216 documents available relating to immovable property and real estate rights, such as free trade, yielding mortgages, tranzacţiuni and compromised, renunciation and recognition, delineation and the Division of joint property, the purchase of real estate, destinaţiune exchanges of goods aimed at the convenience of the public, when their value is greater than the 20th annual ordinary income portion may not be valid if you do not have the approval of the Commissioner on the advice of the Permanent Joint delegaţiunii County except for municipalities, or the Ministry of the Interior with the opinion of the Administrative Council, for counties and municipalities.
Communal green land may not be alienated, encumbered, exchanged and neither can give destination other than with the approval of the Ministry of agriculture.
Article 217 Tranzacţiunile and compromisele relative to movable possessions and renunciation and recognition of such rights, when their value exceeds the 10th part of the annual ordinary budget revenues respectively, must, in order to be valid, to have the required approvals from the previous article.
Article 218 the gifts and bequests of fortunes being made moving and nemişcătoare and communes and counties shall be accepted by the councils concerned with the opinion of the courts, and for rural and urban municipalities who do not have a legal Department organized the advice of his contentious service, if it is missing, with the opinion of the advocatus State. Acceptance is done forever under benefit of inventory, when donaţiunile or bequests include conditions or tasks, or when I'm reclamaţiuni from persons who claim rights, of whatever nature, in these or related gifts.
Article 219 Yielding small portions of land to be neconstruibile who makes owners neighbors for the alignment of streets, squares, or roads, or who arise from situated between kilometeres are made on the occasion of the opening of streets, squares or noui roads may be sold without licitaţiune, only on the basis of price and condiţiunilor laid down by councils or County Municipal and definitive approval plans whatever their value, without any approval.
If the adjoining owner does not agree on the price and condiţiunilor, he is entitled to request the fixing of their justice, and if you refuse the purchase of land, the communal administration may request expropriation of the whole property or sell to another person the land in question, and if the land is to be found in the County in the event of refusal of the owner mărginaş to ' buy it, you can't sell any other person with the forms provided for in art. 215. Article 220 all businesses and regions with communal economic, as well as public services that this character will operate or in directing or cointeresare through public petition according to the law, marketing or through concession made by public auction.
In these latter cases, when the value of the service, the work or undertaking exceeds one quarter of the ordinary Minister of the ticket in question, the Council must have the approval of the Commissioner with the opinion of the County delegaţiunii for common out of cities, and the Minister of the Interior, with the opinion of the Administrative Council, for municipalities and counties.
Article 221 all work, supplies and supplies must be done according to the law on public accounting.
Delegaţiunea permanent shall appoint two of its members, who along with the head of department concerned will make recepţiunea.
Copy your 341 will join in the minutes of the recepţiunii.
Article 222 of the commune or County Council will be established through a regulation mode and under who will generally make use of or use of the goods which belong or their inhabitants, like: izlazuri, pasture, water, forests, jobs fairs, exhibitions, etc.
Article 223 Each municipality the County and each district, within two years of the entry into service of the first elected councils on the basis of the present law, shall draw up a general programme of works which intend to carry out in the course of eight years, showing and for carrying out this programme.
One year before the expiry of that time limit shall be drawn up on the same program, being eight years old and so forth will follow.
The program, which will contain general, indicaţiunile will not be able to be put in the work before taking administrative opinion, which will be able to bring the îndreptări and technical enhancements.
Higher administrative Council will look into the seriousness of what it means to propose for implementation of the programme, giving guidance and insomuch.
On the programme of work drawn up by the rural nereşedinţe urban municipalities will have jurisdiction under the same conditions of service and the County delegaţiunea County permanent.
Preparation and checking of the county roads programme will be made in accordance with the law.
Article 224 no change won't bring a program execution during periodului only for the case of force majeure well found by a vote of two-thirds of the municipal or county councils and with the approval of the supervisory authorities referred to in the previous article.
Article 225 All proectele appraisal încuvinţate works of communal councils or County shall be prepared and run, or by local or technical services through competition, by the specialists in the country if they have a particular importance.
For municipalities who do not have a technical service to these works shall be drawn up by the technical service, in Exchange for payment to decide with the approval of County delegaţiunii.
Article 226 execution laid down on the basis of currency and approaches final will be given in the enterprise through licitaţiune or good mutual consent, in accordance with the rules laid down by the law of public accounting.
Chapter IV, SECTION I, local Finances Budget Finances Article 227 of the communes and counties administered after public accounting dispoziţiunile law.
Article 228 all income and expenses, as well as municipalities and counties and sub-urban outbuildings and other charitable institutions, are set out, for each financial year by the respective budgets voted on and approved in the forms provided for in this law.
Financial year is 12 months.
It begins on 1 January and ends on 31 Decemvrie.
Article 229 of the Project budget will be made available to citizens with 10 days before the voting. They will have the right to do what would think greetings by fit, addressing them to the Mayor, who will submit them to the Council with voting on the budget.
Budgets voted each year by at least a month before January 1.
Article 230 are ordinary and extraordinary Income.
Article 231 shall consist of ordinary Income all proceeds, except: a) are determined by Contribuţiunile the extraordinary laws;
(b) the price of the goods) disposed of;
(c)) and related Gifts;
d) capital with recorded or loan;
e) income from fines, fees and arenzi, according to the law of the sale of spirituous beverages;
ordinary revenue surpluses, f);
g) Sums available, after the execution of the work complete unto contracted for was a loan.
h) fee income and grazing on izlazuri;
I) communal Reserve Fund;
(j) any other incidental income).
Article 232 are ordinary and extraordinary Expenses.
Article 233 of the ordinary Expenses are those who ensures walking regular services.
Extraordinary expenses are coincidental or timporare, which is covered with extraordinary revenues, which may not be used except to give the House of Commons and works procurement counties.
Article 234 ordinary Expenses shall be divided into mandatory and optional, mandatory Expenses are: a) for the payment of The administrative staff, technical and cultural, Church, police or any other data services by law or special laws in charge of the commune or County;
b) for maintenance of premises, reparaţiunea or construcţiunea required administraţiunii, school buildings, health care facilities and real estate rents Church occupied various public services, as well as the construction and maintenance of communication pathways and their annexes;
c) Annuities loans;
d) maintenance service and procurement of civil status registers in common;
e) payment for contribuţiunilor income-producing properties;
(f) administrative Expenses for election) provided by law;
g) maintenance for the sick, infirm ospiciilor, alienated children, orphans, find răsboi in the very top of the law;
h) Maintenance of cemeteries in common;
I, the Enlightenment) bringing water and drawing up plans for systematization;
j) payment of debts receivable;
Insurance of real estate and k) furniture municipalities and counties.
At least one-third of the surplus each year, as well as income rises from a year in other destination will be for economic, cultural, health and public works. The part attributed to economic goals will apply agreed with local chambers of agriculture, industry, trade and labor.
Article 235 in addition to mandatory expenses, no other cheltueală or raise will not be able to be entered ex officio by the supervisory authority over the figures adopted by their respective Councils.
Article 236 income Assessment will be made public in accordance with the accounting law.
Article 237 In each budget shall provide for a particular article a sum set aside for the opening of additional appropriations and extraordinary, in case when the credits opened by the budget would not get to cover the expenses provided for in the budget or when it would crop up during the year a cheltueală what ' could be provided for the formation of the budget and could not be postponed to the following year.
Article 238 all income and expenses must be included and in the annual accounts, which will wrap up and control as shown below.
Article 239 no resettlement of expenses will not be able to make an article to another from the rock, without încuvinţarea the Council and for carrying out the forms established by law.
Decisions relating to article 240, both voting and modification, in addition to credit openings, must be submitted to the Administrative Council for superior research cities and counties and County delegaţiunii for other permanent joint. If the expenses are not provided for binding, or budget was made up according to the law, the supervisory authority will return with observaţiunile needed, giving advice and guidance in order to consider what good households and demanding inclusion in the same time cheltuelilor.
If the commune or County not conformed to this superior authority duties to score ex officio in the budget the expenses required.
In v. delegaţiunilor County discharges relating to permanent budgets of their respective mayors have the right of appeal to the Interior Ministry, who will rule with the opinion of the Administrative Council.
Article 241 Each parish or County budget will be split by chapter, after income and cheltuelilor nature.
Revenues and expenses of the municipalities and counties will be included in a single budget chapter for the communal administration, for izlazul, for the health service, education, for worship, for technical and service roads and for unforeseen expenses.
What kind of times revenues, through laws, regulations, wills, donaţiuni acts of fundaţiuni have a special purpose, will be used for the purpose for which the obligatory were created. The Interior Ministry will draw up a budget for common forms and counties.
Article 242 When from different causes could not be ' budget would be voted on at the time, it will come with the budget of the preceding year until voting on the new budget.
If nevotarea budget comes from bad management, neglect or refusal of the Council to convene, those guilty of this băneşte will be liable, if they result in harm for the municipality or County.
Minister of the Interior or his representatives are required to have recourse to the courts, having done research through their authorized bodies, whether communal or county heads administraţiunii have not taken these measures in time.
In all matters concerning the finances of municipalities and counties, which are subject to the approval of the law his authority superior research control, Finance Minister will be represented by the financial manager at the county authorities and through its special delegate to its Administrative Council.
DEPARTMENT of municipal and County Revenues II Article 244 Municipalities and counties are authorized to cover cheltuelilor and local needs and to levy taxes, import the cotizaţiuni, direct and indirect, as well as to seek prestaţiuni in the wild, all of them within the limits of, and in accordance with dispoziţiunilor of this law and the general laws of the State of enforcement.
Article 245 communes and counties can't fret by the faculty to perceive taxes only if the proceeds of the property and undertakings concerned, those of cotizaţiunilor and fees they would not be sufficient to cover the cheltuelilor.
Article 246 Fees may be charged for any public service whose maintenance cannot be made from regular resources, and only to the extent of the service rendered.
Climatic spas in the municipalities are entitled to maintain their facilities, improvements and înfrumuseţărilor, to levy special taxes and from visitors.
Article 247 Cotizaţiunile are fees for the maintenance or creation of extraordinary who, although improvements can serve the public interest, especially in the use of a more specific categories of citizens, or parts thereof, the neighborhood, the streets or from the region of the commune or County.
These cotizaţiuni are applicable only to those taxpayers who shoot from the presence in particular benefits from the service or improvement that is creiază or support himself with those product cotizaţiuni.
The establishment of cotizaţiunilor, their distribution among taxpayers, while they remain in force will be established after a previous consultation of interested parties, through their respective authorities ' care.
Cotizaţiunilor distribution will be made, as far as possible in proportion to the benefits which has improved from being executed.
Once încuviinţate by most of the parties concerned, shall become binding for all cotizaţiunile, and the roles of perception.
Article 248 direct and indirect Taxes cannot be levied than under the general tax laws voted on by legislators.
No account cannot be added to taxable income and materials imposed by other State taxes, quotas or additional tenths than under those laws. It can, however, reduce the maximum rates established by law.
Article 249 Ratings listed in the roles of the State for taxes and serve in the Commons, and the elementary districts to direct taxation and levying of contribuţiunilor attributed to them.
Article 250 communes and counties cannot set up axize fees, barriers, jugărit and the like.
Indirect taxes or fees on the consumaţiunea of first necessity and on their circulaţiunea cannot be created.
Article 251 communes and counties there may grant other exemptions of direct or indirect taxes than is required for these taxes to the State.
Article 252 of commercial and industrial enterprises Administration of municipalities and counties will be made so that it could cover the expenses, and depreciation of capital employed.
Article 253 communal ways of communication and County with their accessories, data by law the responsibility of municipalities and road districts, will create and maintain general funds and proceeds of municipalities and counties, as well as special reports provided for in the law.
Article 254 Prestaţiunile in kind may be required from taxpayers for the fulfilment of specific services, exceptional or urgent, such as floods, fires, înzăpeziri, etc. who did not ' could meet in another way, on the basis of who discharges shall be taken by the respective Councils, with a majority of two thirds of the Councillors present.
When a contribuţiune was also determined, those who from various causes well established there could give, will be held to settle with a cash advance, established by Council decision.
Article 255 Finding taxation and levying of direct taxes, and other taxes who use in the same time the State, County and municipalities, will be done by working on them.
A regulation, made by the agreement with the Ministry of finance will establish modalities.
Article 256 and communal councils of Deliberations concerning the settlements and older form, cotizaţiuni or taxes of any kind, before putting them in the paper, will show up at town halls and the County Prefecture for ten days for the taxpayers to be able to get acquainted with them and to make reclamaţiunile what would think necessary.
Councils concerned will investigate the contents of reclamaţiunilor and rule over them.
The decisions of the Councils will have to be brought in any case notify the Ministry of the Interior, when counties and municipalities emanates from the rock, and the prefect, when other common emanating from the presence of whether reclamaţiuni were received, whether it were not done.
The Ministry of Interior on the advice of the superior administrative Council, or delegaţiunii with the opinion of the County prefect, decided Finally, being listened to, and the delegate of the Ministry of Finance of these councils.
SECTION III Loans Article 257 municipal and County Councils ' Deliberations regarding the loans will not be valid unless it be taken in the cases and with the formalities: a) the loan is intended to be in usage and in any case for payment or sporiri of lefuri, turn, graduations or rewards;
b) Loan to be intended for improvements in the order determined by the work programme determined in advance;
c) with a loan to be provided and the means to pay rates and depreciation. It is considered as loans and are subject to the same formalities and works contracts or concession, whose payment set forth in annuities, with or without a percentage;
d) joint interests and annuities to all loans not to attain the necessary budgetary allocation of mandatory services officials.
Article 258 communes and counties can raise loans at the credit municipal and County Home, as well as from any other public or private instituţiune.
They may be authorized by law to issue bonds and special.
Article 259 communes and counties may also take out loans for the conversion of old debts.
Article 260 municipal and county councils Decisions taken with respect dispoziţiunilor from previous articles will be sent to the Ministry of the Interior, whether relating to municipalities and counties and prefect, if they are related to other municipalities.
The Interior Ministry take administrative superior's opinion, and the opinion of the prefect delegaţiunii County take permanent and if found not to have fulfilled the required forms or annuities that cannot fly with ordinary income to the extent provided by law, or that the income from the newly created for this purpose ' have real basis, or are overly valued, return them to the Council respectively, which is held to comply dispoziţiunilor made by superior authority.
Sub-loans urban municipalities, and counties who exceed the fifth part of ordinary income will be made with the approval of the Council of Ministers, on the basis of paragraphs of Interior and Finance Ministers.
For other municipalities to approve such loans will be given by the Minister of the Interior, in consultation with the Minister of finance.
SECTION IV Conclusion, research and approval of accounts Article 261 Conclusion, research and approval of accounts shall be made in accordance with the law on the public accounting.
Article 262 final Amounts who through hotârîrile will be put in charge of those which spent unreasonably and foresight, will be tracked and încassate on the basis of the law.
Tax agents who through negligence or for any other reason not provided for in the Bill will not have complied with the above obligations shall be responsible băneşte and punishment for denial of service.
Township and County, through their representatives, or, in the event of their refusal, the superior authority of control, will be able to seziza the courts to give the path towards penalties against culprits.
Article 263 rules laid down for the commune and County accounts are applicable to the management and administration of all settlements or fondaţiunilor of any kind, which are put under control or vigil of the commune or County.
Chapter V Regulations in article 264 of the communal Councils and County regulations will be drawn up by who will prescribe measures and penalties relating to the administration of local interests.
Article 265 Through communal regulations prescribing measures to be edilitate: the determination of refugees ' home communes, the book is as much as possible the ancient hearths and to determine in what will be the future jobs for the communal house, to varying degrees, schools for children, libraries, gardens, churches, and in General for all kinds of public buildings.
The alignment of streets and markets;
Closures and openings of the streets, roads, squares, their appointments as well as the numbering of buildings and housing, aligning the rules construcţiuni;
Determination of servituţilor in order to igenei and esteticei;
Embellishment and systematization of the commune and for any other ' would find necessary.
Article 266 Through regulations igenă and sanitation will be taken for food substances: the sale of satiety;
Vigil of slaughterhouses and markets of the commune and for the execution of the measures concerning the establishments, businesses and professions are unwholesome;
The removal of the causes of infecţiune;
Hygiene, cleaning and housing places vacant;
The establishment and proper maintenance of the latrines and places where deposit gunoaele and lăturile;
Police înmormîntărilor and cemeteries;
Maintenance cleaning, sinks and water fântânelor of which populaţiunea is served or from which the cattle away;
Stopping the laying with evolutionary infectious communicable boalelor-contagious.
Article 267 by regulations drawn up by the municipal and county councils will determine the very top regarding supplies populaţiunii with items and services of first necessity.
Article 268 by regulations concerning the communal income tax can be set up for: timporară Use of property) in the public domain as of: pavements, squares, gardens, fairs, exhibitions of any kind, grassland;
b) exceptional Use and repeated of roads, streets, avenues, if all these are paved, with trucks-cars, with carts of burden and any vehicles, either because their own weight or burden of carrying or iuţelii them, add a manifest injury of these roads;
c) various services what would organize, in the commune of self-interest of the inhabitants, such as service water canals, cleaning latrines, picking up garbage and lăturilor, măturatul and sprinkling the sidewalks snow removal, control the sale of food, goods, vessels, cântăritul cotitul and mâhălitul, curăţitul baskets, display, transportation, etc.
Article 269 Through communal police regulations take measures especially for: food and Control the sale of other articles of first necessity, it provides in addition to immediate punishment and confiscation of food and articles of first necessity.
Ensuring and facilitating the circulaţiunii streets, roads, squares, chieiuri and other public places;
Moralităţei public insurance;
Securing means of transport within the commune and fixing charges racing into the city with any vehicle;
The fixing of tariffs of hotels, guesthouses and other public places, and may, for the purpose of removing speculation, provide more penalties against both entrepreneurs of such establishments and their prepuşilor;
Măturatul and common lighting and removal or repair of buildings who threatens with the fall, stopping to ask the Windows or other parts of buildings by falling objects who would bring harm to bystanders or neighbors, or would impede the sight or appearance of smooth streets, stopping to make and lay in the dirt streets or wastelands, and not throw in liquid Street , garbage and harmful objects circulaţiunii or public health;
Transportation of bodies, maintaining good order and decency norms in cemeteries;
Fire prevention, fire, defending against floods and others;
Extirpation of evil animals, insects and the miracle of the birds who do damage to sădirilor and crops;
Guard ţarinelor, crops, vineyards, hayfields, pomeţurilor, izlazurilor and sădirilor;
Use your water archaeologists;
Exhibitions and fairs, celebrations and others;
Prevention of accidents resulting from the removal of Earth, sand and gravel from pits;
Gather the harvest to prevent their harvesting before maturity, and, finally, the tabulation of the cattle, securing their property and the determination of the conditions of disposal.
Article 270 technical chiefs, health, veterinary, etc. are required to investigate measures to regulations relating to specialty unto them, to make observations that will calculate and submit them to the local authorities, who are responsible for sending them to the Interior Ministry to have them in their endorsement.
The regulations thus drawn up, after being voted on by the Council before being implemented, shall submit to the Ministry of the Interior, which they submit to the Research Board. Following the opinion given, if the Minister finds that the regulation is wholly or in part contrary laws and regulations of public administration, he returned to the Municipal Council or County to amend it, taking into account the observations made.
When the regulations relating to sanitary measures of a general nature, it will send the administrative superior Council to be examined by the Ministry of public health.
The regulations adopted by the authority and încuviinţate control, as shown above, do not become enforceable than 10 days after they have been made known to the public in rural municipalities, through their reading on the premises of the Town Hall, in the hearing of obştei commune called for it, and by showing the Town Hall, and in urban municipalities through the publication in the Gazette "County" or "Commune" and by displaying the communal House.
Proof of completion of those formalities shall be carried out through discharge, report, signed by the Mayor and the Secretary.
Article 271 Through regulations will provide more penalties, if they are not determined by special laws.
These penalties will not be able to get over 500 lei in rural and urban municipalities and over 5,000 lei nereşedinţe in urban residences.
In the event of a repeat offence, the prison will be police and provides up to 15 days and in severe cases even unsanitary housing and closing venues of Commerce.
Article 272 Contravenţiunile will judge the judge in both detour regards sentencing as well as in terms of cheltuelilor and fixing that fall to be borne by offenders and remedies at the township or county who is entitled, whatever their value. Both courts and courts of appeal in the case must adjudicate. The appeal suspends execution, only when the appellant with his goodness will justify that has a fine, the expenses and the compensation awarded or when they prove their condition of poverty with a liability under the law.
Fines, costs and compensation will be încassa according to the law.
In the event of insolvency, the fine will be converted into a prison, according to criminal laws, without that it may be longer than one month.
The regulations may provide for specific, however, contravenţiuni, the competent agencies to be able to not only find the standard deviation, but also apply a punishment not exceeding 100 lei fine in rural communes and urban communes 1,000 lei.
Proficient means through agents in the rural municipalities of the prefect, praetor, doctors and engineers, and in county municipalities, members of the Mayor's urban delegaţiunii permanent, doctors and architects, as well as chiefs of police.
When the offender is insolvent or with unknown domicile, he will be immediately submitted to judge detour along with the minutes of the discovery of the crime. If the report is approved, the judge will make a fine in prison, counting a maximum of 10 days in jail.
The prison runs in rural municipalities in the custody of gendarmes, while the urban communes in police custody.
The order by which the judge is turning fine in prison is final.
If the offender paid the fine even the staff member concerned, he has the right to make contestaţiune to the judge of the place where the detour was committed contravenţiunea in accordance with the law courts of detour, art. 52. Chapter VI Disolvarea communal councils and Municipal Councils, the district Article 273 and the County cannot be disolvate only in the following three cases: When the number of members) elected by universal suffrage was the legal cause of reduced to less than half and no ' could fill through alternate councilors: b) when the Council, coming out of his atribuţiunile, took the ruling as a political body made up , or did in acts against the general interests of the State or an agenda.
Isolated acts of individual members of the councils or even having that character, does not result in dissolution of the Council;
c) when the Council compromise in bad faith administraţiunii the interests ' of the child.
Article 274 Dissolution pronounced by Royal Decree on the basis of the opinion of the Administrative Council and the research submitted to the commune of an inspector general for the administrative County Councils and urban councils, municipalities and County residence municipalities.
For other common dissolution pronounced by the prefect on the basis of permanent delegaţiunei County, following a prior research.
In the case provided for in paragraph b, article 3. 273, Interior Minister for the County and the municipalities and the prefect for the other common reporting but as soon as the Minister of internal affairs can take measures as those councils no longer meet up will be decided upon dissolution.
In this case, however, the competent authority is obliged to rule on the dissolution within 10 days of the date when Dale were communicated the facts that caused the suspension.
In v. deciziunii of the dissolution of the prefect, those interested have the right to appeal to the Ministry of the Interior, who will rule with the opinion of the Administrative Council.
Article 275 the authority called upon to rule upon the winding-up, is obligated to listen before making the ruling, the Council of representatives whose dissolution is required. It will make mention of this in the managerial decision of dissolution.
Those interested in the case when fails to appear personally, can send memories of supporting.
The fact that the members of the Council, whose dissolution is requested, fails to appear at the call nor presents defence, drives cannot keep in place the procedure for their dissolution follows its course.
Decrees and deciziunile of dissolution, as well as what reports accompanying them, will be published in the official journals in question.
Acts of dissolution will show the date of the call for new elections, voters as well as the appointment of the interim committees that will administer the communal and County interests until the election and the formation of Councils.
Article 277 in all cases of dissolution law advisors will continue their mandate until it expires, the Council shall, unless they are they guilty of acts who challenged the dissolution.
Article 278 Comisiunile interim consist of alternate members. If alternates are missing, the comisiunile will be made up of prominent citizens, voters, preferably those who have never had administrative tasks.
Among these may be specialized and State officials, who are residing in the village.
The number of members of the interim committees will be at least three and no more than eleven, as will the authority appoints that is in the interest of local administraţiunii.
Article 279 interim Comisiunile will not be able to handle current affairs only. In no event shall have the right to decide on the budget of reckoning, nor to rule upon disposal or tranzacţiunilor matters provided for in title IV, chapter X.
In the case of article 280 for the reasons set out by the dissolvents and art. 273, para. b and c, the Minister of the Interior and its representatives have the right to refer the matter to the public prosecutor to take measures against councillors what ' would find the culprits.
Chapter VII Liability Article 281 Mayors, Presidents of the interim committees and permanent constables delegaţiunii municipal and County and municipal and County Council members are responsible băneşte the municipality or County for all the damage which they have caused through the administration of bad faith; they will be responsible, and when will they be contracted without papers have specifically allocated funds or loans will be made for purposes other than those determined by the law, or will be given to loans other than the destinaţiune established by the competent authority.
Article 282 district Officials and aldermen responsible civilmente toward counties and municipalities, as well as against their rights particularii harmed, according to prescripţiunilor art. 28 of the staff regulations.
Article 283 Actions for damages under article. 281 will be inserted before the ordinary courts and the common law jurisdiction after the judge.
They may exercise apart from criminal proceedings or disciplinary measure that would apply.
Article 284 in all cases, when the law provides for an action for compensation on behalf of the commune, County or criminal action for irregularities or abuses perpetrated, whether Township and County neglects or refuses to have recourse to the competent courts, the supervisory authority has the right to do so in their stead.
These actions shall be barred after three years from the presence of committing the injury.
Article 285 aside from responsibilities laid down in the preceding articles, those harmed in their rights, either through an administrative authority or by a discharge act done with the breaking of laws and regulations, whether by administrative authorities and hateful to loosing a right relating to the request, may apply to the courts for recognition of rights and why they were getting damage ' caused After special procedure provided for in the law on administrative courts.
Article 286 Communes are băneşte responsible for the damage done and the damage resulting from crimes or offences committed by violence within their territory by armed groups or gatherings or unreinforced, be upon persons, whether upon public or private property.
Whether for or assemblies are made up of residents of multiple communes, each of these municipalities are responsible for the damage done, or in proportion to the damage will be fixed.
Municipalities can not be made responsible for prima facie: a) If they have taken all the measures reported to the duties of solidarity that lie in their putinţa, in order to prevent dezordinele and discover the author;
b) If the damage done and the damage are as acts of răsboi.
Article 287 Actions for compensation must be filed prior to the Court competinte, according to common law.
Article 288-interests to pay Damages to which the commune would be permanently bound, under article. 286, will be distributed by the Ministry of the Interior through a special role over all the inhabitants actually residing in the municipality, in proportion to the number of direct reports with what I pay.
The special role of mayors will be drawn up, with communal delegaţiunea, together with the Secretary or the Treasurer-tax collector of the commune, taking into account the roles of contribuţiuni, not later than one month from the way of communication of the final decision.
It will be submitted to the Chancellor's Office of the City Hall, and the submission will be brought to the attention of General through publicaţiuni displayed in the table of contents.
Those dissatisfied can do contestaţiuni within 10 days from the way of displaying publicaţiunilor.
Contestaţiunile controversy of communal Council, convened the extraordinary no later than ten days after the expiry of the contestaţiune dela;
The Council shall judgments against may appeal to the Administrative Council not later than 10 days from the way of displaying the deciziunilor City Hall.
The Council may amend the role, but may not reduce the total amount of payment.
The role remained permanently run the tax collector under the law.
Fulfillment will be made with other direct and contribuţiuni with the same forms.
Article 289, as well as residents interested in, either individually or all together, consider that the community will be able to pursue action against recursorie in dezordinei authors and accomplices and damage.
Chapter VIII Conciliation and arbitration Article 290 no action will not be able to sue a municipality or a County, against another county or State, common times against any of it against the communes or districts, before the misunderstanding may have been subjected to administrative courts of conciliation and namely: delegaţiunii permanent settlements for disputes between its rural communes between them and the urban nereşedinţe from the same County and the superior Council for administrative disputes between all other administrative units as well as between them and the State. Delegaţiunea County should be filled in as Permanent Court of conciliation with a judge cast lots of local magistrates court, and the Administrative Council judges its Panel, complete and with the delegate of the Court of Cassation;
Article 291 of the Conciliation Courts are entitled to ask to be allowed to submit all paperwork and documents which the parties supporting their pretenţiunile. Representatives of the State, counties and municipalities, are required under the criminal penalty for refusal of service, execute those orders within the period prescribed. They will give verbal and explicaţiuni and submit memories or concluziuni by the who will expose their rights.
Article 292 once a misunderstanding or what kind of ' arose between administrative units above referred to, relating to property rights, their representatives are indebted to seziza conciliation Court competinte that will decide a term no more than 10 days after receipt of the request, in which the Court will summon the parties.
By calling will be required before the fixing of the time limit to submit all statements, documents and pleadings relied on pretenţiunile.
The Court in question, after researching documents and listening to legal representatives of parties, will deliberate on the items to be deducted and will try by all means to establish understanding.
Article 293 of the Conciliation Courts have the right to listen to informers, to investigate the situaţiunea actually at commune and take any informaţiuni through a member or delegate in their Panel.
I cannot but refer the oath.
In the case where, following the advice, the sides agreed to put out the dispute, the courts of conciliation will register and establish a protocol established understanding.
It forms a title deed for the findings contained in it and you can't knock down, in terms of the credibility established through color no other counter evidence only by enrolling in the bogus.
If after all the advice given was not able to reach a reconciliation, the Court in question is desezizează and the commune, County or State what addresses justice to harness their pretenţiunile.
Article 294 of the Conciliation Courts are competent to examine disputes in their Panel and give the definitive soluţiuni, where municipalities, County or State have agreed on the compromise drawn up in accordance with the civil procedure, to submit to obligatory arbitration on these instances.
No article 295 the Court will not grant an action brought by the State, counties or municipalities, some against others, until more întâiu do not have proof that these administrative units previously in the courts of conciliation.
In order to resolve pending actions now to the promulgation of this law before justice between State and county municipalities, courts will be fulfilled in the Council Chamber of the administrative courts, the fallout of conciliation and if not isbutesc to establish among themselves a deal will grant pending processes.
Chapter IX Asociaţiunea 296 municipalities and counties Article
Municipalities and counties may be associated with each other or with the State for the purpose, as determined to run, create, întreţie or instituţiuni, and are useful to local or regional, from the point of view of health, economic, cultural or public works.
No association shall not be for a primary purpose of Commerce nor for acts, creation or operation of services or institutions who wouldn't go into atribuţiunile and competinţa communes and counties under the laws.
Municipalities and counties, however, may be associated with particularii for the marketing economic undertakings, in accordance with the special law of property marketing.
Article 297 an association will not be able to take the legal, rather than being solely based on autorizaţiunii i can give and raise by the competent authority after the following procedure.
Article 298 Municipalities and counties who want to form a pool shall decide it by încheirile the respective Councils.
These closings will have to show in detail the purpose, duration, financial resources who are considered in order to achieve the object of the Association, each Member of the Association of intake, management and liquidation, headquarters of the Association is fixed, and project status. In the same time councils elected from their bosom by secret ballot two members at most, who along with the mayor or County Council Presidents, as applicable will constitute the General Assembly of the Association.
The General Assembly elects the Board of Directors and vote status. Through the Statute fixes the number of members of the Board of Directors.
Article 299 decisions by General meetings shall be sent to the prefect of the county when I look a asociaţiune between the communes of that County and the Ministry of the Interior when relating to other asociaţiuni.
The prefect decides over the approval, on the basis of the opinion of the County delegaţiunii permanent and Interior Minister, on the basis of the opinion of the Administrative Council.
Prefect and Minister are required to rule within 30 days after receiving the discharges from the rock.
If there was pronounced in this period, asociaţiunile will be able to work without any other authorization.
Article 300 In contra deciziunii prefect stakeholders can appeal to Interior Ministry within 10 days from the way the pronunciation deciziunii; the Minister shall decide on the appeal in the manner and within the time limit indicated in the previous article.
Article 301 Deciziunile authorization for operation of a asociaţiuni, as well as their approved statutes, shall be published in the Official Gazette, and from this time asociaţiunea has a legal existence.
Article 302 Delegaţiunea County superior and Supervisory Board are obliged to examine whether putting the opinion of asociaţiunile who aim is being determined by law, if they order or general interest, if the financial resources are well proven and if communal and county councils votes are given with respect to the legal forms.
These authorities also have the right to decide conclusively, there is misunderstanding between municipalities and counties.
Article 303 immediately after obtaining authorization, asociaţiunii Council shall be convened by the Minister of the Interior or by the prefect, as appropriate, to the respective Office to be choosing a President and vice President.
Article 304 asociaţiunii Board votes to end budget and conclude each year profit and loss balance sheet.
Both the balance sheet and the budget, as to become enforceable, will have to be approved by superior authority. It will proceed in the same way, and for any subsequent modifications ' would think should be made in the budget or in the balance sheet.
Municipalities and counties have always associated right up to the balance sheet and budget approval to submit observations in writing to the competent authority that have to be done on these acts.
Minister and prefect, as the case may be, shall decide on the approval, on the basis of the opinion of the Administrative Council or County delegaţiunii.
Article 305 of the Officials of the municipalities and counties you specialty or the State can be called and will listen and give advice and guidance asociaţiunii in all matters of their competence.
In this case they will be remunerated from the Fund asociaţiunii; asociaţiunea has the right to appeal to the knowledge and services of any other specialists.
Article 306 Interior Minister or a delegate, as well as the prefect and the praetor, are entitled to attend meetings of the Board asociaţiunii. They can makes proposals and observaţiuni, which will be recorded in the minutes of the meeting, but may not take part in the vote.
Article 307 Board of Directors of the Association may not be established for a period longer than the elected councils of communes or districts. Administrators whose term expires until the establishment of guarantee the new Board.
Article 308 municipalities and County Councils associated may withdraw by a vote of two-thirds of those mandates which i delegate to represent them in the General meetings of the Association.
Article 309 associate Administrators are responsible for the sound management and the entire leadership in accordance with the accounting law. They are dispensaţi.
Article 310 control, Authority and financial managers and financial inspectors may at any time to control operations and warehouses; they are required to notify the Minister of the Interior or the Commissioner, as well as municipal and County Councils who represent the Association, for the outcome of its findings. Will not be able to take no action, however, of their own volition.
Article 311 Association established under the above dispoziţiunilor is the statutory body. She may receive donaţiuni, related to subvenţiuni, and may take out loans and make the expropriation in the public interest on his behalf for accomplishing what follows.
Sub-loans expropriation proposals and must be approved by the Minister of the Interior, on the basis of the opinion of the Administrative Council.
Article 312 Asociaţiunile shall be exempt from tax by the same rules and under the same conditions as municipalities and counties.
Article 313 Disolvarea a asociaţiuni or liquidate them prior to the expiry of the period for strides ' formed, cannot take place only with the consent of all members who compose it and with the approval of higher authority control, in accordance with the rules laid down in Article 299.
Article 314 When the Board of Directors of an association who acts did coming out of the fallout, or who jeopardize the interests of the asociaţiunii, or when these acts are contrary to the laws, statutes, or are liable to endanger public order and security of the State, it can be disolva by Royal Decree after a proposal by the Ministry of the Interior on the basis of the opinion of the Administrative Council.
Acts made under these conditions is declared null and void and without result.
Until the dissolvents Interior Ministry can stop the execution of those acts and decisions, reporting within 24 hours, however, the Council of Ministers, which may maintain or raise the measure when it concerns asociaţiunile of counties or municipalities located in different counties. In the case of other asociaţiuni, the prefect shall be entitled to take such action, reporting, however, Interior Minister in the aceleaş period.
Article 315 in the event of liquidation of an asociaţiuni, communes and counties include installations and establishments situated in their territory, with the obligation to pay the difference in cash, if their value exceeds the amount of co-financing in association or rights who shall be yours.
If the statute does not provide for specific modalities for this operation and for other measures to be taken in the event of liquidation, apply dispoziţiunile of the code of Commerce.
Chapter X the common territorial Changes and counties, change of residence, establishes common transformations and Article 316 Requests regarding all changes set out in this chapter will not take advantage of research competinte than only after they brought to the attention of the public by display at County and Prefecture in the respective localities, and in rural municipalities and to church and announced through the sell.
Impressions and posts will make known to those concerned that they can straighten întâmpinări with respect to the changes required, either at the prefecture or at City Hall, until within 33 days of posting date. MORIS About the fulfillment of these formalities will be adaptations of those minutes in law.
The mayors of the municipalities and County prefect will submit to the authorities who have to rule on these changes and greetings observaţiunile who were received from interested parties.
Article 317 For the formation of a new joint, County Council, having received the request of the persons concerned, has a local research through the creation of ' a comisiune composed of: County prefect, financial manager, head of technical services and sanitary or delegates, respectively, praetor and a member of the permanent delegation designated by lots.
Comisiunea will investigate: If the number of families who are întovărăşi to establish the commune is enough to justify the new settlement if the income which will be able to organize commune services and claims burdens, if it is according to the chosen from the standpoint of health, if the land is properly for the build, if not subjected to floods, spillages and whether it is a sufficient stretch in order to desvoltării.
Comisiunea will take you to any other locality informaţiuni in consultation with the respective communal councils.
Annexations and deslipirile villages and municipalities are made with the same formalities as those for the establishment of a common, taking also the opinion of communal councils concerned.
Article 319 Report comisiunilor who will do research determined by the items above will be subject to the approval of the County Council, which shall decide by two-thirds of the members present.
The conclusion of the County Council to become valid and enforceable, trebuieşte approved by Royal Decree, following a proposal from the Minister of the Interior for common and establishes of noui only by decision of the Minister of the Interior, when it comes to alipiri and deslipiri villages and municipalities. In all cases it will seek the opinion of the Administrative Council.
Article 320 a rural Residence cannot change from one village to another, without the consent of the communal Council and the approval of the County Council, confirmed by the Ministry of the Interior, with the opinion of the Administrative Council.
Article 321 municipalities, a number of 15th century and his residence cannot change until after the application of the Commissioner or County Council and with the approval of the Minister of the Interior, taking the opinion of the Administrative Council.
The number and content of sectors of an urban municipality cannot change until after the Municipal Council, and request the approval of the Minister of the Interior, with the opinion of the Administrative Council. For municipalities are asking the confirmation by Royal Decree.
Article 322 Residence a district cannot change than the majority of the County Council, took two-thirds of the members making up the latter and with the approval of legislative Bodies.
Article 323 a common Name can not change than with Municipal Council vote, approved by the Ministry of the Interior.
This approval must be reinforced by Royal Decree for urban municipalities.
Article 324 a rural Gmina cannot be converted into municipality Council vote than urban, approved by the County Council and Administrative Council and confirmed by the vote of the legislative Bodies.
Article 325 Any interested has the right to make întâmpinări at the Ministry of Interior within 10 days from the way the County Council discharges date, regarding the amendments provided for in this chapter.
Minister of the Interior shall be the opinion of the Administrative Council, within 30 days of the expiry of the period which from above, over the county councils considered discharges this matter.
Article 326 Annexations and deslipirile, and constituirile of the common and transformations noui communes in rural urban won't go into effect until the beginning of the financial year.
Article 327 of the common Wealth of a joint with another municipality becomes the property of the commune.
It will draw up an inventory of these assets.
The inhabitants of the commune or village meeting shall keep the property or exclusive use of common property, that they belonged to.
In the case of deslipiri, village or village property in kind, resumes or, failing that, an equivalent in money rightfully belonged to him.
In both cases shall be determined in the Act of annexation or deslipire amounts in question and the rigid conditions of payment.
Article 328 in all cases of joint or deslipiri alipiri and communal councils of villages, communes in question is dissolved and local interests are receiving, until the election of interim comisiuni noui.
Article 329 of the common Misunderstandings regarding the determination of assets and their perimeters are resolved by the permanent delegation of the County, after they listened to the legal representatives of the municipalities and stakeholders, with appeal to the Interior Ministry, which will rule on the basis of the opinion of the Administrative Council.
When such misunderstandings pose in discuţiune county boundaries they are resolved by the Ministry of the Interior with the opinion of the High Council.
Title V central authority Representatives, the organs of control, chapter I and the Prefect Prefecture Article 330 County prefect called by Royal Decree, following a proposal from the Minister of the Interior.
To be appointed in addition to the other conditions required civil servants to the General, the candidate must have an age of 30 years old and possess a higher diploma şcoale recognized by the State, except for those who have worked in that capacity for at least a year.
Article 331 Prefect may not occupy any other public office paid the State, County or municipality, nor exercise any profession, no part, as an administrator, or censor the boards civil or commercial companies, cooperatives or popular banks across the district, unless the Administrative Council also appreciates that quality does not constitute a reason of incompatibility in order to not associate with his atribuţiunile on duty.
Article 332 When prefect place becomes vacant, the Minister of internal affairs can entrust the leadership of the Prefecture until the appointment of holder or to a subprefect's inspector general.
Article 333 besides its capacity of representative of the power plant is prefect and head of administraţiunii district.
In this capacity he has control and supervision of all County and municipal services.
He veghiază and take the necessary measures to execute the decisions of the County Council and the permanent delegation.
At meetings of the County Council to assist in its twofold prefect as a representative of the central power and local interests.
Municipalities Board meetings as a representative of the President of the power assist, having the right to say the word whenever it believes that general laws or interested, order the State likely to be affected by the measures ' would take.
Article 334 permanent delegation, together with the prefect called, submit, revoacă and apply disciplinary punishments to officials of the County, according to the statute law and special laws.
Article 335 Prefect, together with permanent delegation prepares all who funnels in the discuţiunea County Council.
Article 336 as a delegate of the central authority, the prefect represent the entire County Government and executive power and in connection with each Ministry for matters of Department facilities.
He is under the direct orders of the Ministry of the Interior.
Article 337 the prefect shall exercise the atribuţiunile what are referred to by laws and regulations. Cares for the publication of laws and regulations and will ensure that the County, their application and enforcement measures.
Article 338 Prefect is police chief in the County. In this capacity, take steps to prevent offences and cares for the maintenance of order and public safety.
He gives orders to all police and gendarmerie organs, which are obliged to execute immediately.
He can move the public force pue goings of rebellion, sediţiune, atrupamente, tumultuous opposition to the enforcement of laws or ordinances, or other unforeseen events who would threaten public order, security of persons and properties. In this case, he shall inform the Minister of the Interior and war. Officers and commanders are being held but to meet as soon as the request in writing of the Commissioner, without more, expect and other approvals.
Article 339 Prefect is entitled to personal trainers or to compel judicial police officers to tame her paperwork required for a finding of crimes, offences and contravenţiunilor and to submit to the judicial authorities on their făptuitorii.
Article 340 Prefect oversees all charitable institutions and social assistance, whether they are dependent on the State, County or municipality, whether they are private institutions.
He cannot take direct measures, but merely report to the authority or the Department depends on instituţiunea, shortcomings or irregularities noted, informing totdeodată and Interior Minister.
When these instituţiuni depend on the County, he can take all the measures which the law gives them.
Article 341 Prefect, in the event of floods, epidemics, Epizooties and others also take all measures reported by circumstances and intervenes for this purpose from those authorities.
Article 342 Prefect, as the representative of the Government in his County, he is entitled to report observaţiunile departments would be done on the functioning of the various public services.
He can point and improvement measures which would advertise the good of these services.
Article 343 Prefect is obliged to convene the Conference at the residence of each December 1960, at least twice a year, financial manager, Advisor: agriculture, physician and Mayor of the County veterinarian, the Inspector General, the heads of religious authorities in the County, the County's chief engineer, praetor and on other mayors, notaries and officials from the place in question, as well as the Presidents of banks and federalelor producţiune.
In these conferences will discuss various issues of local interest, will clarify the application of the laws and will deliver its opinion on the measures that are taken in order to ensure the proper States administrative, economic, cultural and sanitary.
Article 344 Prefect at the end of each year and addressed to the Minister of the Interior and publish a detailed report on the State of general financial, economic, cultural and administrative County and its municipalities in Vienna.
Article 345 For the fulfilment of those prescribed in article 4. 337, 338 and 340 of this law, the President has the right to give orders in the edges of the laws and regulations of General Administration.
The Ordinances before they are carried out will have to be communicated to the Minister of the Interior.
Ordinances relating to sanitary measures, veterinary, public works, agriculture, etc. will be given after consulting the heads of those services and they shall be countersigned.
Article 346 the Minister may withdraw his Ordinances in their acceptance of these provisions to suppress contrary to the laws and regulations or higher State interests. The nullity of the Ordinances shall have jurisdiction in any era.
Article 347 of the Ordinances do not become enforceable until they have been made known to the public by publication, display and sell, when dispoziţiuni, and contain general individual notification made by the persons concerned in other cases.
Article 348 Contravenţiunile the Ordinance will judge and punish in accordance with prescripţiunilor of the laws and regulations concerned.
The penalties prescribed in the Ordinance will not outdo those provided for by law or regulation.
Article 349 Prefect will have one or two administrative clerks at his disposal as Interior Minister will determine who will form the Cabinet of the Commissioner. They will appoint a Minister of internal affairs after the recommendation of the Commissioner. Their Atribuţiunile to be determined by regulation.
Article 350 Prefect Interior Minister presents his resignation and leave requests.
Replacing and revoking the prefect is made by Royal Decree.
The revocation takes place for serious misconduct in the service; She needs to be motivated.
The report, by requesting the revocation will be published with the Royal Decree.
Article 351 in each district will operate a prefect Prefecture consisting of: as President, Mayor of the County, first Prosecutor of the Tribunal or the Prosecutor, Mayor of the County financial administrator, engineer, architect and veterinarian, County officials, school inspector, agricultural Advisor, silvicultorul the highest degree in the County, the company commander of the gendarmerie, representatives of ministries, which from the residence industry, trade and labor.
Members of the delegaţiunii County are part of the permanent law in this Council. The Inspectors General of the various departments can always take part in Board meetings. The Council shall be convened by the prefect at the prefecture at least once a month and whenever it will think it is necessary.
Article 352 Atribuţiunile Council are to harmonize the work of the various administrative services in the County and to eliminate the difficulties what would arise in the application of laws and dispoziţiunilor.
For this purpose the respective Chiefs will communicate at each meeting about administraţiunii in the forehead. The Council shall deliver its opinion through common understanding and dispelling misunderstandings and conflicts, if not to be reached, the prefect solutions reports on all the Interior Minister and the one in question.
Chapter II the Deputy Prefect of the Prefecture Article 353 Each county will have a subprefect called by Royal Decree, after the proposal of the Minister of the Interior, on the basis of the recommendation made by the prefect.
To be called in this function, the candidate, in addition to other conditions required of public servants, must be licensed in law, diploma of special school or vocational training and have served at least five years as administrator or subprefect.
After his appointment, the Deputy Prefect, shall be assimilated to the degree with first class service Chief.
Article 354 assists the Deputy Prefect prefect in carrying out its înlocueşte and 2532/98 in their absence. He is also an officer of the judicial police.
The prefect may delegate decision part of its County atribuţiunile.
Chapter III the praetor and place each Number Article 355 plăşilor County-the municipalities which make up the House of Commons, as well as the establishment of the plăşilor, which will be the capital of the County, shall fix and change by decision of the Ministry of the Interior-after consulting the County Council or County Commission on an interim basis and on the basis of the opinion of the Administrative Council.
Each net will have in her forehead a praetor.
Article 356 Pretor sits under the direct orders of the prefect.
He is in the net, power Agent executes the decisions of the Council and of the County delegation and meets any other database tasks through laws and regulations.
The prefect may through year written to delegate and part of its atribuţiunile, but not on a permanent basis.
Article 357 Praetor is police chief in his place. In this capacity, under the supervision of the prefect, he takes steps to prevent offences and cares for the maintenance of order and public safety.
He gives the orders in this regard required police bodies and the police, who are obligated to execute them.
Pretor may trigger public force incidents of rebellion, sediţiune, atrupamente, tumultuous opposition to the enforcement of laws or ordinances, or other unforeseen events who would threaten public order, security of persons and properties. In this case, it shall immediately inform on County prefect.
The praetor is officer of the judicial police. In this capacity he can work either on its own initiative or by delegation.
Article 358 in addition to competinţa what is paid through art. law 272, praetors can check contravenţiunile and crimes, pursuant to article 5. 52 of the law courts of wards and to apply the penalties referred to there.
Article 359 will reside at the residence of the praetor plăşii.
Each positions will have a State-paid Secretary. to be called in the function of the Secretary, the candidate must meet rigid conditions required for notaries. Other officials ' would find it necessary to do so are called and paid by the County.
Article 360 In each county prefect, by managerial decision approved by the Ministry, allocates the praetors on December 1960.
Once assigned, the praetors can no longer be transferred only in accordance with the Statute. The prefect, however, could instruct and endorsement of the 15th century with another in the event of a holiday or absence of holder, încunoştiinţând about this Ministry of the Interior.
They can also instruct them with judicial orders or in any research in the interest of the service.
Article 361 Praetor is called by ministerial decision.
To be called praetor, in addition to other conditions required of public servants, the candidate must be a diplomat of the add administrative training or must have worked five years as a notary with stable academic title or degree add administrative training.
Until the Organisation for vocational education, administrative and until you get sufficient number of graduates, will be appointed as the pretori and licensees and in the sciences.
Article 362 Candidates, out of those who show in paragraph 2 of the preceding article must pass the entrance exam after a certain program.
If the number of candidates is greater than vacations, seats will be assigned on a contest.
Nominated candidates for the first time in operation have a provisional.
After a one-year internship, and if they prove to their administrative and research activity at the inspecţiunile made aptitudinele and possess knowledge accomplishment, praetors declares set Interior Minister, on the basis of the opinion of the Administrative Council.
Article 363 Praetor became stable fall within the Statute, has the same rights and guarantees and is subject to the same bonds as well as other administrative officials.
Praetors set may submit up to the rank of first class director in the Ministry of the Interior. They may submit up to this degree, but even in the limited places that will enroll each year in the budget of the Ministry of the Interior.
They can pass into the Central Administration of the Ministry of the Interior, in the same degree or through forwarding, with the opinion of the Commission for the submission of proposals and appointments.
Article 364 of the Praetors îndatoriţi sucking Guide, supervise and control the administration of their place.
They will review the communal scriptelor cassele accounting and record keeping will ensure existence of funds and supporting documents, together with the respective Mayor dresând report of the findings.
If the Mayor would refuse to assist him, even after the written invitation addressed it, he will be able to proceadă to inspecţiuni and also toward the minutes without its assistance. Praetors and moral condition will research the material populaţiunilor, hygiene and healthiness of the communes, generally economic and cultural of the villagers and will take steps, within the limits of the law of redress.
At the end of each month they will make a detailed report of the Prefect's findings and what measures would be taken in the interest of communal administrations.
Article 365 Praetors are îndatoriţi to convene at least once every 2 months, notaries, mayors and other officials, from their constituency to advise together on various issues of common interest, as well as on the application of laws and measures that are taken in order to ensure the proper administrative statuses, and economic health of the Commons and the harmonization of local services. They will make a report prefects on these talks.
Summonses will not be done only at the residence, but also in pretor's other municipalities located in his constituency.
Chapter IV, Article 366 Notary Clerk is agent to the central authority in the countryside.
In this capacity he is responsible for the application of the laws, regulations: public administration, ordinances, instructions and any other acts which the law requires them to be released as exuding Executive Dale;
The publication will be done through posters, sell and read through in public;
Execution of dispoziţiunilor concerning the collection of statistical information;
Enforcement of safety measures and police;
The accomplishment of all tasks that are given through laws and regulations.
The clerk is the Chief of police of their municipality.
He is an officer of the judicial police of the parquet, auxiliary, only in cases of flagrante delicto, when in addition to the documents, you will be able to take toward measures to hold offenders available to authority, heralds, and the respective positions of Prosecutor's. He may also receive complaints from contravenţiuni, of research and find.
Through the Mayor's delegation includes civil officer of civil status, except for the celebration of marriage. In all the cases he sees to it that the civil status acts to be drafted in accordance with the law and to countersign them.
In the localities who would ask service needs, you can set up and posts of Secretaries of notaries, in the wake of the report reasoned, approved of pretor prefect.
Notaries Secretaries, who have the same titles and meet the same conditions as notaries, may înlocuească them in default in their atribuţiunile, on the basis of a delegaţiuni by, once the personal liability of the notary.
Article 367 Clerk assists the Parish Council meetings, without taking part in the vote, giving advice and guidance to the communal administration.
In the absence of the Secretary, he fulfills its function.
Article 368 Notary is called by the prefect.
To be appointed a notary, in addition to other conditions what is required of civil servants, the candidate must be a diplomat of the add administrative preparedness.
Article 369 until the Organisation for vocational education, administrative and it will get sufficient number of graduates, will be appointed notaries at the holidays, in the following order of preference: a) in law and science Licensees;
b) Graduates from schools of notaries Făgăraş, Lugoş and Arad;
c) notaries schools Graduates of the old Kingdom.
All candidates before appointment must pass the examination provided for in the staff regulations capacity.
Article 370 Notaries are provisional and gains stability after a stint of two years and after having proven knowledge and research skills to the medical profession and inspecţiunile made and following the opinion of the Administrative Council.
Stability is given by decision of the Ministry of the Interior.
The clerk became stable enjoys all the rights and guarantees laid down in the Statute.
Provisional article 371 current Notaries have the rank of trainee impegaţi.
Existing notaries set of the old Kingdom and Bessarabia, who have a five-year-old into service, have a higher grade them. They can submit the statutes in place up to the degree of subşef of biurou including in limited places to the budget of the Ministry of Interior.
Notaries become set if coming from special schools, training of licensees in law graduates from schools or from Fagaras, Lugoş and Arad, as well as current notaries set in Transylvania and Bukovina, licensees, will have two degrees higher than previous years. They can submit the statutes in place up to the rank of Chief biurou, and within the limit of seats provided for in the budget of the Ministry of the Interior.
Article 372 Notaries with the University, or diplomats of administrative training schools will have the right to establish non-legal acts in the interests of agents, receiving a payment for this particular set.
The Interior Ministry taking the opinion of the Administrative Council will decide who acts way may Edition of notaries, and fees that may be charged.
The poor, they will get no payment.
Existing notaries connected provinces that today the right to edit documents on the basis of laws and regulations in force, and in future will retain that right.
Title VI final provisions Article Dispoziţiuni transitorii 373 and all decisions to be taken on the advice of the permanent delegation of the communal and County or with that of the Administrative Board, will always be in accordance with that opinion, except for the case when the law expressly ordered otherwise or when these delegaţiuni times higher Council will be heard only in an advisory capacity.
Until the voting and promulgation of the superior Council for administrative reorganization, all atribuţiunile that are conferred by this law shall be carried out by the Administrative Council.
Article 374 in all cases where the superior authority who is indebted by law to exercise a right of control over municipal and County Councils ' deliberations and permanent delegaţiunilor and the Mayor and the Commissioner, it shall be decided within the time limit of one month, when i was made aware of the Act or the conclusion or when it was sezisat with the call request , if the law provides for only out formal a period shorter or longer than this.
Article 375 whenever the present law grants a right of appeal or welcome, in the absence of special dispoziţiuni, this right will be exercised within 10 days of deliberations, flowing deciziunilor dela, displaying or attacking what be Ordinances.
Article 376 All time limits laid down in this law are counted on days off.
Article 377 shall in all cases, when the present law does not stipulate another provision, the prefect, and exercising permanent control action and immediate supervision over the Administration's acts and the House of Commons, and Minister of the Interior and municipalities of the district.
Article 378 will set up training schools for administrative officers of any administrative district branch, and aldermen agreed with the Ministry of public instruction.
By Royal Decree, based on log-the Council of Ministers shall lay down the rules for the Organization of these schools and the date when they will begin to operate.
Current paralegal schools will operate until the establishment and opening of schools above.
Article 379 All commercial and industrial enterprises of the municipalities and counties who will associate with private capital, will be subject to the legal regime created and for commercial and industrial enterprises of the State.
Article 380 Works for completing the implementation of the present law shall finish no later than a year from the presence of its promulgation.
By Royal Decree, given on the basis of the Council of Ministers and the journal in which the opinion of the Administrative Council, shall determine the territorial limits, the number and names of municipalities, counties, urban of the residences of the County and the municipalities.
Royal Decree shall determine, after a proposal by the Minister of the Interior with the opinion of the Administrative Council, the territorial limits, number and names of suburban and rural communes of the villages and the number of Councillors to be chosen as well as that of Councillors and co-opted for each county and each municipality.
By ministerial decision, after a proposal from the superior Council of prefects and the opinion of the Administration, called pretură will be determined for each county and their residences, and following a proposal from the House of Commons number of mayors urban sectors.
The number of sectors in the municipalities will be established with the same shapes by Royal Decree.
All these divisions and residences will not be able to change in the future than TSEs with the observation set out in chapter X under Title IV.
Nouile administrative division attractable above will become effective on the dates specified in the respective decrees and deciziunile.
Article 381 Data when the first election will take place on the basis of the present law shall be determined by Royal Decree for counties and municipalities and by the common ministerial decision for the other.
Article 382 of the communal and County voter lists, after that the first elections to be carried out on the basis of the present law shall be drawn up, within the time limits that are set by the Ministry of Internal Affairs managerial decision and the procedure indicated below, by the mayors in operation or interim Presidents comisiunilor and in rural municipalities together with notaries, but with nouile, and in particular divisions.
Lists thus drawn up will show up within 10 days after date of publication of the decree by Dale who snaps the counties and townships.
Any citizen will be able to challenge the commissions, unlawful entries, deletions or through request directed at judge detour in within 10 days from the way of displaying lists.
The judge is obliged to rule in the Council Chamber within 8 days after receipt of the request from the rock.
Time limits fixed by the judge for reclamaţiunilor will show up at the door of the Court.
The judge's decision shall be final and shall be communicated by the latter's care, the Mayor of the commune in question, which it is obliged to comply with.
Other formalities relating to electoral registers will be fulfilled in accordance with art. 158. These lists shall remain final no later than 30 days after the date of their impressions from the rock.
Article 383 From the first elections in the rural communes, in the absence of a sufficient number of magistrates, biurourile election may be chaired by persons designated by the President of the Tribunal through the local prize draw, in the same time as the draw of magistrates. The draw will make your a list of a hundred persons drawn up by the President of the local court in conjunction with the County prefect, of the most qualified voters, that will guarantee the impartiality of the leadership elections.
To inform those exit the draw will be made immediately. Those who know are required to notify within 24 hours the acceptance or refusal. Once accepted, failure to comply with the assignment without legitimate justification, makes them liable to the punishment provided in the elections Act, when because of this choice was not ' could perform.
Article currently running 384 Mayors in Romania are eligible in communal and county councils.
Article 385 no subvenţiune will no longer give municipalities and County of the State, which, however, will take care to make available to them the sums for the service and salary, and officials from the Central District or become aldermen, until by special laws shall be attributed to the counties and municipalities tax revenues with local nature.
Zestrelor wealth coming from any source, passes law on behalf of their respective counties, which increase in rights and obligations.
Article 386 Salaries prefects, subprefecţilor, pretorilor, notaries and any other officials appointed by the central power in municipalities and counties will pay State benefits will Counties for transportation and housing for prefects, subprefecţi and pretori, and municipalities for notaries.
Salaries, degrees and asimilările pretorilor, subprefecţilor, notaries and other district officials and aldermen shall be fixed by the general law of organization of wages. Until then are current ones.
Article 387 the Ministry of finance in agreement with the Internal data will determine who and how will make various amendments relating to the establishment of the financial resources of municipalities and counties must by law enforcement.
Article 388 Each municipality and County will prepare an array of services needed, officials within the limits of funds and local needs, and in view of the present law.
Officials set remain in operation. Legal holidays, however, will not be complete until the number of officials will reach the limit provided for in the scoreboard drawn up in accordance with this article.
District officials establish administrative, and aldermen, who by reorganizing or merging local services would remain neîntrebuinţaţi, will be appointed in similar functions in any service.
The Interior Ministry will examine the implementation of the law and will be able to control the times when communal and County services to operate in compliance with the General principles for the Organization of public services.
Article 389 of Bukovina administrative Officials who are stable will be appointed with the opinion of the Administrative Council, notaries, pretori, subprefecţi, district officials, if they prove that they have the appropriate professional knowledge and aptitudinele functions to handle.
Article 390 Current GAM officials administrative Prefecture, and in addition to the services and medical officials, agricultural techniques, and of any other branch or district who become aldermen, will move into their new quality within four years from the presence of promulgation, the data in the manner and in the number when it is established through Royal Decrees, data based on log-Council of Ministers After ' took and superior administrative opinion.
District officials who become aldermen and retains their rights laws under which they were appointed. They will carry out the duties given to officials in the administrative jurisdiction of the prefectures and County.
Article 391 of the prefecture's current executives of the old Kingdom and Bessarabia, which come from Admins mesh set, subprefecţi will be confirm by Royal Decree after the promulgation of the law.
Titraţi Subprefecţii in Transylvania, as well as the directors of the Prefecture and the old Kingdom, which would not be set and have no academic title, but have a seniority of at least five years in administrative functions and prove that they have the knowledge and skills of their public, they may be called subprefecţi, based on the opinion of the Administrative Council.
Article 392 After the promulgation of this law and on the basis of a proposal from the school prefects, Interior Minister sets number of pretorilor across the country.
Article 393 Current administrators, Prime praetors and subprefecţii in Bessarabia, lay will be confirm as pretori by operation of law.
Administrators, Prime the praetors and subprefecţii, even having no title or neprovenind of active soldiers, can be declared as set pretori, based on the opinion of the Administrative Council, whether they were appointed before 1 April 1921 and whether they will be turned out at inspecţiuni or research that possess the professional knowledge and skills.
The current administrators of the old Kingdom, licensees have the right set, with a 10-year-old in the function of Admins and subprefecţii in Bessarabia, from administrators, licensed in law, set with the same seniority, will be able to receive the rank of class based on subdirectory of the opinion of the Administrative Council.
The same law they will have current executives of the Prefecture, provided they meet rigid conditions above.
Provisional net administrators, appointed on the basis of the law on the organisation of rural communes of 1908, acquire stability as if they provided pretori seniority in terms of reference and only following reports of favorable opinion inspecţiune and of the Administrative Board.
Article 394 In transitoriu mode and up to the unification of the judiciary legislaţiunilor, praetors confirm or appointed on the basis of the present law in Transylvania, Banat, Crişana, Maramureş, retaining and competinţa established by law in 1901, and XX calls and contestaţiunile in their judgments will be made against judge courts ocol; 52 of the law courts of wards from the old Kingdom.
Article 395 Current helpdesk subprefecţi in Bessarabia, praetors in Transylvania, proofreaders and Secretaries, Secretaries of the old Kingdom land shall appoint, subject to vacancies, Secretaries or fulfil the law generally pretori, giving preference to those who meet the rigid conditions of law, giving preference to those who meet the rigid conditions of stability prescribed by statute.
Article 396 Current Secretaries of County Councils-even having the title-if they have a work experience of 5 years in operation and at research and inspecţiuni will demonstrate their knowledge and aptitudinele function occupying, can be declared as set on the basis of the Administrative Council.
Current heads of prefectures, with Dale Office at least 4 classes and with 5 years of work experience in administrative services, are entitled to submission in accordance with the regulations within the limits of available budgetary places.
Transylvania County Prime notaries who will be found to confirm that the promulgation of laws are Secretaries of the County Council, one for each County.
Article 397 Amounts affected by common and counties to pay insurance of buildings and imobilierului will constitute a fund put under the administration of the Ministry of the Interior. Neîntrebuinţat annual surplus after deductions for the formation of a reserve fund, will lend the communes and counties with a percentage shall be established by the Ministry, for the construiri of places put in charge and their improvements. Apart from compulsory insurance laid down in this article and article. 234, municipalities and counties are free to secure buildings and furniture and private enterprise.
Article 398 of the Administrative Council will decide when it is necessary for increasing the ratio of population to and communal local Government to use the minority language.
Article 399 Administrative Regulations will desvolta this law principles.
Article 400 All dispoziţiunile from laws, regulations or other oricari from all over the country, contrary to the law, are and shall remain abrogated.