Law No. 95 Of 13 June 1925 For Administrative Unification
Original Language Title: LEGE nr. 95 din 13 iunie 1925 pentru Unificarea AdministrativÄ
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LEGE no. 95 95 of 13 June 1925 for Administrative Unification
Published in OFFICIAL MONITOR no. 128 128 of 14 June 1925
(Decree No. 1972 of 13 June 1925) + Title I Dividing the kingdom's territory. Local administrative and elective authorities. Control authorities. + Article 1 The territory of Romania is divided, administratively, in counties and counties in communes. + Article 2 The communes are rural and urban. + Article 3 The rural municipality consists of one or more villages. The commune's residence will be in one of the villages. Rural communes, which do not have the means, can associate themselves to support their services they need and pay in common administrative, technical, sanitary, etc. + Article 4 The urban communes are population centers declared thus by law. They are: urban, county residences and urban non-residences. The urban communes of county residences, are those urban communes, in which the county prefecture is located. The urban communes of county residences that by the number of inhabitants and by their economic or cultural importance have greater inrauration on the general dissolution of the State, will be declared by law to the municipalities, taking in advance the opinion of the council superior administrative. + Article 5 For the facilitation of control, the supervision of the application of laws and the good guidance of the administration, the counties are divided into constituencies called plasi, comprising several communes, and urban communes, in constituencies called sectors. Sectors and nets are not legal entities. + Article 6 No commune may be constituted and no territorial modification of the counties, communes or nets or their change of residence can be done except in accordance with the provisions laid down in this law. + Article 7 Either a resident of the country, with no regard for sex and nationality, must belong to a commune and participate in her tasks. Romanian citizens can be displaced from one commune to another without any prior invocation. However, they are obliged to make known to the communal authorities both displacement and their settlement. Any territory in the country must belong to a commune. The commune exercises its authority over all the inhabitants and the entire territory of its contents. + Article 8 Foreigners will not be able to establish themselves in a commune before carrying out certain formalities provided for in the special law. The temporary or short-term dwelling in a commune shall be subject only to measures of order and safety. + Article 9 The commune and county are legal entities. They have full capacity for all the initiative and administration of local interests, exercise these powers within the limits of the laws and bear the related tasks. No mandatory expense can be put to the communes and counties without being created and means for its coverage. + Article 10 The commune and the county manage their local interests through councils composed of elected councillors, law and counsellors women compulsorily co-opted in the communes of county residences, optional in the other urban communes. These councils are also obliged to execute the measures of general interest ordered by the central authority within the limits of its legal competence. A special law, based on the principles of the present law, will establish the organization and functioning of administrations in the communes of more than 300,000 inhabitants. + Article 11 Mayor is the head of the communal administration He executes all the decisions of the council and the communal permanent delegation and together with it oversees the walk of the communal administration. Prefect is the head of the county administration In this capacity, it executes all the decisions of the council and the county permanent delegation and together with it controls the county administration, as well as that of the communes in the county, outside the municipalities. + Article 12 The decisions of the communal and county councils cannot be suspended or annulled, except in the cases, with the forms and guarantees established in this law. + Article 13 The interior minister directs, coordinates and controls the work of communes and counties, putting it in harmony with the general interests of the State. He is helped by an upper administrative board. A special law will determine the composition, duties and functioning of this council. + Article 14 The Prefect is the representative of central power throughout the county. He exercises his duties either directly or through sub-prefect, pretenders, politai and notaries. Prefects, sub-prefects, pretors, police and notaries are obliged to give their competition and for the execution of decisions of the communal and county councils, as well as of the permanent delegations. + Article 15 The Minister of the Interior may charge with the control and inspection of local governments, as well as the work of his other representatives, the members of the senior administrative council and the administrative inspectors general. + Article 16 All communes of a county stay in direct connection from an administrative point of view with the county authorities, outside the municipalities, which stay in direct connection with the Ministry of Interior. The county also sits in direct connection with the Ministry of Interior from an administrative point of view. + Title II Common + Chapter I Composition of the communal council + Article 17 The Communal Council shall consist of: a) Three fifths of councillors elected by all municipal voters, with universal, equal, direct, secret, obligatory vote on the list and representation of the minority; ... b) Up to two fifths of councillors, of law; ... c) Female counselors co-opted in number of at most: ... Seven in urban communes with a population of more than 250,000 inhabitants: Five in urban communes with a population of more than 100,000 inhabitants; Three in urban communes with a population of more than 50,000 inhabitants; Two in the other urban communes. + Article 18 The number of elected councillors shall be determined in proportion to the population, irrespective of gender, age or nationality. This number is: 36 in the communes with a population of more than 250,000 inhabitants; 30 in the communes with a population of more than 100,000 inhabitants; 24 in the communes with a population of more than 50,000 inhabitants; 18 in the communes with a population of more than 25,000 inhabitants; 15 in the communes with a population of more than 10,000 inhabitants; 12 in the other urban communes, whatever the number of inhabitants; 9 9 in rural communes. With councillors, a number of alternates are also chosen, equal to one third of the number of elected councillors, called to complete the legal holidays arising in the council, according to art. 192. + Article 19 They are law counselors; Two to seven county councillors from the chosen ones, only in the urban communal councils of residence; Representatives of the oldest holders of primary, professional, secondary state education; A representative of the largest cult in the locality. He will be the highest in the grade or, if more would have equal degrees, the oldest; The most senior representatives of the Ministries of Public Health and Social Protection, Agriculture and Domains (zootechnical service) and Public Works; One representative of the Chambers of Agriculture, industry and trade and labor, in the communes of county residences, and in the other communes only with the decision of the Minister of Interior, based on the opinion of the superior administrative council. Legal advisers will be designated in the order set out above. The appointment of legal advisers will be made immediately after the publication of the respective electoral body. + Article 20 All councillors must live in that commune, apart from those appointed from the county council, who can also house in the county. + Article 21 County councillors who are to be part of the councils of urban communes county residences, as legal advisers, will be appointed by the county council. Representatives of the Chambers of Agriculture, Trade, Industry and Labour will be appointed by the steering committees of the respective Chambers. + Article 22 Establishment of the number of legal advisers for each category in the order decided in art. 19 and the verification of the conditions that these councillors must meet, will be made for the communes of county residences, by the higher administrative council. For the other communes these formalities are fulfilled by the county permanent delegation. In the absence of the permanent county delegation the appointment will be made by the county interim commission. In any case the number of elected members will surpass the number of law advisers together with the co-opted. + Article 23 If the county council or the Agricultural Chambers, industry, trade and work will not be designated, within 15 days from the convocation of the electoral body, on the legal advisers, intended to be part of the communal councils, this the operation will be carried out by the Minister of the Interior for the county council and the respective ministers for the Agricultural Chambers, by industry, trade and work. + Article 24 The women's advisers will be co-opted by the elected and rightful councillors, convened for this primary purpose immediately after its entry into service. Women who meet the same conditions as elected councillors can be co-opted. The appeals regarding these co-opcountries will be made at the Ministry of Interior for the municipalities and the prefect for the other communes; they will rule according to art. 200 200 of this law. + Article 25 The number of elected communal councillors can only change from 10 to 10 years, by the vote of the respective council, approved by the Minister of Interior, based on the opinion of the superior administrative council for the municipalities and the prefect, with the opinion of the delegation county permanent, for the other communes and only where the population's statistics will advertise a change according to the norms established by Article 18. + Article 26 The heads of the various communal services will be obligingly called and listened to at the council meetings in all matters of their competence. In the rural communes will be called and listened to by the council in the same conditions local representatives of the cult, of primary, professional education, as well as of the health service, vet, technical and agricultural service and of the cooperation in Locality. Their views will be passed in the minutes of the meeting. + Chapter II Constitution of the communal council, election of the mayor and the communal permanent delegation + Article 27 If there was no contest over the election or if they found themselves unfounded, the elected and rightful councillors of the municipalities immediately convene by the interior minister, and in the other communes by the prefect to rule on the cases of inability, undignity and incompatibility, to take the oath, to choose the mayor in the urban and rural communes, the permanent delegation and to appoint the councillors mayoral candidates in the municipalities. Convening will show the purpose for which the council is called. Until the mayor's entry into service, the council is presiding over the oldest of its members. The oath of the councillors will be held at the public meeting, in the respective town hall, in the presence of the prefect for the communes of county residences, and for the other communes in the presence of the prefect's delegate. The oath will have the following: "I pledge allegiance to the King, allegiance to the Constitution and laws of my country, I swear to defend and support the interests of the commune." If within 10 days from the rejection of the appeals on the elections, or from the expiry of the term within which appeals could be made, the communal council was not convened, it meets the right, and the provision of the oath will be could also do in front of the council's age chair. Urban communal councils, taking into account the knowledge of the members who compose them, can be divided, in order to better manage local interests, in commissions on specialties. + Article 28 Against the conclusion of the council regarding the cases in art. 27, regarding incapacity, undignity and incompatibility, any voter has the right of appeal to the Minister of Interior for the municipalities and to the prefect for the other communes. The appeal period shall be 10 days from the decision of the council. The Minister, with the opinion of the superior administrative council, the prefect with the opinion of the permanent county delegation, are obliged to rule on the calls received within 10 days from their registration. These authorities are obliged to notify the communal councils, which are obliged to rule on all cases of incapacity, undignity or incompatibility of which they would be aware, throughout the duration of the mandate of councillors and Right of office + Article 29 In order to proceed with the election of the mayor, the permanent delegation and the appointment of councillors mayoral candidates to the municipalities, it must be present the absolute majority of the members who compose the council. + Article 30 Members of the permanent delegation will be chosen as far as possible from different specialist branches. Legal advisers, civil servants, those appointed by the county council, will not be able to be elected to the permanent delegation. The communal permanent delegation shall be composed of: 9 members and 3 alternates in the communes of more than 250,000 inhabitants; 7 members and 3 alternates in the communes of more than 100,000 inhabitants; 5 members and 3 alternates in the communes of more than 50,000 inhabitants; 4 members and 3 alternates in the communes of more than 25,000 inhabitants; 3 members and 2 alternates in the other urban communes; 2 members and 1 alternate in rural communes. The choice of the permanent delegation is made for a term of 4 years by secret elections and with the absolute majority of votes. If this majority is not obtained at the first vote, the election shall be repeated at the same meeting and those who will obtain the highest number of votes shall be elected. If parity, the apron decides the choice. In case of resignation or dissolution, the choice will be made in the same way. + Article 31 The mayor will be elected by councils in all communes, outside the municipalities. The choice will be made with secret ballot and with the absolute majority of votes cast. If this majority is not obtained at the first vote, the election shall be repeated at the same meeting and shall be declared elected which shall obtain the highest number of votes. In the municipalities the communal council will choose from the bosom or mayoral candidates among the elected and rightful councillors, except those sent by the county council; each councillor having the right to vote for a single candidate. The names of the three candidates who will have won the highest number of votes will be communicated immediately to the interior minister, who will confirm as mayor one of the candidates. If the mayor is a law adviser, civil servant, and if he accepts this dignity, he can no longer fulfill his function that he had throughout the mayoralty, but he retains the right to be reintegrated. The years served as mayor are counted served in the function that he had, keeping them in mind at the advance and at the hostel. He has the right to opt between his salary as mayor and that of his function. The mayor cannot be the minister of worship. Mayors or chairmen of interim commissions in municipalities are eligible in the Legislative Bodies. + Article 32 The result of the vote on the elections provided for in Articles 30 and 31 for the county residences shall be brought to the attention of the Minister of the Interior, and that regarding the other communes to the prefect + Article 33 The Minister of Interior and the Prefect, each in his competence, have the right not only noticed by the appeals, but even ex officio, to examine whether the election of the mayor, the permanent delegation and the mayoral candidates to the municipalities was made according to the law. These authorities will have to look into whether councils have been called in order, if members were told they were called for this election, if the majority required by law was present, if voting was made by secret ballot. and if the chosen ones met the legal number of votes. In case otherwise, the minister with the opinion of the superior administrative council and the prefect with the opinion of the county permanent delegation will cancel the elections. The Minister of the Interior and the Prefect are obliged to rule within no more than 10 of the date when their election was made known. + Article 34 The communal council shall fix each year, at the vote of the budget, the retribution of the mayor and members of the permanent delegation, according to the means of which the commune has Mayors and members of the permanent delegation will not be able to occupy any other public service at the same time. + Chapter III Operation of the communal council + Article 35 The communal council shall meet on a compulsory basis at least once a quarter. The council can convene whenever the interests of the commune ask for it, or when the interior minister or prefect would deem it necessary. + Article 36 The summons of the communal council shall be made by the mayor of the commune or by the one who replaces him by written invitations sent to the home, with at least three days off before the meeting, displaying the convocation and at the door of the communal house. + Article 37 The convocation will include the matters of which the council is in charge. The convocation including the agenda will be communicated in a timely manner, in the rural communes of the notary and the respective pretor, and in the other communes and the prefect. They have the right to attend the meetings of the communal council. The Prefect can ask to be heard in the meetings of the council of the municipalities whenever he believes, that through the measures that are designed to be taken it would bring a touch, the order in the State or the general interests. The Prefect has no deliberative vote. No matter can be brought into the council's speech if it is not contained in the order of the day, except if it has been declared an emergency. The urgency is declared by two-thirds of the members present, with particular motivation in the minutes of the meeting, showing that the delay would damage the commune or a general interest of the State. The issues contained, in art. 211 cannot be declared urgent. + Article 38 The proposals regarding the interests of the commune can be made to the communal council of mayor, by the communal permanent delegation, by any of the communal councillors. + Article 39 The Council can only deliberate by being the absolute majority of the members who compose it, except if the law requires the presence of a greater number of councillors. It will not be considered that the councillors who could not take part in the deliberation, being recusable under any legal case. + Article 40 The communal council is obliged to hold its meetings in the town hall. Any meeting outside the time for which it was convened in another place, and contrary to the manner established by the law, is unlawful. The interior ministry or its delegate, prefects and pretors will take measures for such gatherings to be scattered immediately, and may refer to the same time the prosecutor's office, which, if found to be the case, will sue the culprits, if they deliberate in issues that could jeopardize the order and safety of the State. Councillors thus found guilty, can be punished with imprisonment from one month to two years, declared excluded from the council and ineligible in the communal and county councils and in the Legislative Bodies for 4 years, counted from the day of the conviction. In contrast to the sentence of the tribunal those interested have the right of appeal within the time limits and at the courts provided The acts made or decisions taken in such a gathering are void and non-existent. + Article 41 The decisions of the council shall be taken by an absolute majority of the members present, except if the law does not require a larger majority. In the event of parity, the proposal on which it is opened, shall be deemed rejected. + Article 42 Council meetings shall open and be presided over by the mayor or his replacement. + Article 43 All members of the communal council cast their votes on the face, outside only if they are persons in question, when the vote is secret. The president votes the latter. + Article 44 The communal council meetings are public. However, after the request of a third of the members present, the mayor or his replacement, the council shall decide by a majority of two thirds and without debauchery whether the secret meeting is to be declared. The meetings in which the issues under the head are discussed. III, IV and X under Title IV can never be secret. + Article 45 The mayor has the assembly police. When in the meeting room one or more assistants will give public signs of approval or disapproval, or make noise in times what way, the mayor will draw their attention to keep quiet and proper. If the disorder continues, it will be able to order the removal from the hall of the turburers and even their arrest and envol in the judgment of the detour judge, based on the minutes to be concluded, in order to apply their sentence from 3 to 15 prison days. When holding meetings will be flattened by any of the council members, then the communal council, with an absolute majority of those present, will be able to pronounce the temporary exclusion of that councillor, without this exclusion being able to be longer than duration of that session Police in urban communes and gendarmes in rural communes are obliged to execute the orders of the mayor or his replacement. + Article 46 A thorough account will be concluded for each meeting, which will be signed by the mayor and secretary. A summary of this report will be displayed within 10 days at the door of the communal house. + Article 47 All deliberations of the council will be entered, in the order of their date in a register, initialled by the mayor and held by the secretary. + Article 48 Each council meeting begins by reading the summary of the previous meeting, which is subject to the vote and approval of the councillors. They have the right to make observations on the way, as their views have passed in the minutes of the meeting and to ask for rectifications. + Article 49 The communal council can decide to be called into the meeting and listened to any other specialist persons whose clarifications they would need. + Chapter IV Tasks of the communal council + Article 50 The communal councils have the initiative and decide on all matters of local interest, in accordance with the present law and the special laws. They are obliged to speak on all matters that would be brought to them by other laws and to execute the provisions taken by the central authorities in the general interest, within the limit of their legal competence. In all this the State retains general directives according to laws and control. + Article 51 They are of local interest in particular: a) Welcoming matters at primary and elementary education; ... b) Questions regarding worship; ... c) Public health issues, namely: ... building, maintenance and administrative supervision of communal hospitals, dispensaries, infermers and nursing homes of poor, infirm, children found, orphans, etc., as well as the appointment of administrative and health personnel necessary to these institutions and other sanitary services of the commune outside the doctors of any category; d) The issues regarding cattle and veterinary medicine, namely: the building, maintenance and administrative supervision of various local establishments and institutions, as well as the appointment of administrative staff and the veterinarian necessary for these services, except for veterinarians of any category; ... e) Construction and maintenance of streets, roads, bridges and all communication paths of any nature on land and on water, sewers, water courses rectifications, replanting of rapids, fugitive trains, land drying marshes, nurseries and in general any public works of local interest; ... f) The issues regarding the edility: ... Constructions of public and private buildings, openings of roads, water supply, canal, lighting, systematization of the commune, facilitation of traffic on roads, streets, squares, quays and other means of communication; g) Measures for the protection of landscapes, the defense of monuments and art objects, the establishment of regional museums; ... h) Measures regarding citizens ' education, adult schools, the dissolution and support of physical instruction; ... i) Questions regarding the guidance and encouragement of agriculture, trade, industry and trades and in general the entire economy of the communes, in such conditions as to help in the general propassion of the country, in collaboration with the Chambers of agriculture, industry, trade and labour; ... j) The facilitation of the supply of the population with articles of first necessity, as well as measures for the normalization and price control of these articles, and can do for this purpose even acts of trade only to remove the speculum; ... k) Alcating the revenue and expenditure budget; ... l) Creation of income of any kind, settlement and levying of taxes, levies and taxes; ... m) Issues regarding loans; ... n) Research of the management of communal funds, the control of the implementation of the respective budgets, as well as of the institutions of times that are placed under their supervision; ... o) Creation and supervision of the smooth running of welfare and social assistance institutions; ... p) Matters regarding the filing of lawsuits, estrangements, exchanges, concessionaires, receipt of gifts, related acceptances, transactions, etc.; ... r) Issues regarding the soldering, the desolation of villages and communes, changes of residences and names of communes, transformations of rural communes in urban and vice-versa and in general any territorial changes of the communes or other divisions administrative provisions of their contents; ... s) Measures regarding the police of roads, streets, performances, mores and communal police; ... t) Preparation of regulations relative to edility, hygiene, sanitation, rural and communal police, taxes and other incomes, as well as the organization of various communal services; ... u) Cooperation together with the counties, as well as with the State in those works and enterprises of public interest, which can be of local use; ... v) The right to give honorary citizenship to those persons who have earned special merits by gifts, related, improvements and services to the commune; ... That distinction may be granted only by a two-thirds majority of the members of those councils; x) The right to appeal to the higher authorities complaints or memoirs, relative to improvements, trasformities or changes that would be considered to be made in different laws and regulations in the interest of the locality, expressing wishes and making proposals on the state and needs of the various public services that would be related to local interests. Councils, however, cannot make or publish protestations, proclamations or addresses of a political nature. ... Communal councils can correspond with all authorities, in matters of local interests, through the intercession of the mayor. + Article 52 The Communal Council can set up committees of citizens, without distinction of sex, under the leadership of a communal councillor to give the contest to the local administration in matters concerning: education, worship, public health, social protection, edility and agriculture, etc. + Chapter V Duties of the communal permanent delegation + Article 53 The permanent delegation replaces the communal council in the interval between the sessions and decides in its place, within the limits of the powers conferred by the council in any matters, except those regarding: fees, taxes, levies, loans, management approvals, regulations, service and works concessions, territorial changes contained in Title IV, Chapter X, conferring of honorary citizenship. The delegation together with the mayor supervises the communal services, has its own attributions and is also an advisory body of the mayor whenever he asks his opinion. + Article 54 The duties of the permanent delegation shall be: a) Intocmeste electoral lists for both political and administrative elections; ... b) Intocmeste the budget proect; ... c) Supervise the communal establishments and any undertakings in which the commune is interested; ... d) Intocmeste draft regulations and subject them to the probing of the council; ... e) Set the selling prices of items of first necessity; ... f) Set the prices of hotel and transport rooms with public vehicles, the price of service benefits of commissions, street hops, as well as the price of transport with funeral cars; ... g) Supervise, in accordance with the special laws, administration and maintenance of churches and all establishments and institutions of benefit and public utility in the commune. Inspect these settlements, watch as they do not deviate from the will of donors and testers, or from acts of foundations and propose by interceding the mayor and administrators of these establishments the improvements and straightening, what would be to do and eliminate the abuses that have discovered; ... h) Check out how often the commune's house, concluding about this a minutes, which it submits to the council; ... i) Care for the application of hygiene and public sanitation measures, edility and communal police. ... + Article 55 The conclusion of the delegation shall be taken by an absolute majority of the votes of the members. The presence of the mayor or his replacement is indispensable for the permanent delegation to be able to deliberate. + Article 56 The mayor shares the members of the permanent delegation with the supervision of the various services according to their specialty, and appoints them different issues of their competence On these issues the members will do research and refer to the plenary of the delegation, which alone is in the right to take decisions. When the mayor finds that for the lack of members of the permanent delegation he cannot work and the interests of the commune suffer-he can call instead of those absent on the alternates-reporting to the council at his first meeting. + Chapter VI Mayor's duties + Article 57 The mayor is the head of communal administration. He manages all the interests of the commune or together with the permanent delegation, or with the communal council according to the law The mayor's hallmark is a cingator with national treasures, which he wears at all official ceremonies and the celebration of marriages. + Article 58 The mayor represents the commune in Justice He can make in urgent cases any legal act necessary to preserve a right, remaining to be subsequently empowered by the council. + Article 59 The mayor is the head of communal police + Article 60 The mayor convenes the communal council and chairs the meetings. Together with the permanent delegation, it draws up the agenda of the issues to be brought in the dissolution of the communal council. The mayor presides over the permanent delegation, which proposes the issues to be discussed. Execute the deliberations of the council and the delegation and take all necessary measures to defend the interests of the commune in the execution of decisions given by the council and Oversee compliance with regulations. Together with the permanent delegation he appoints, submits and licenses from the service the communal officials and decides on the penalties. Gives necessary permits for construction, repair of edifices, fencing, according to alignment plans and regulations. Orders benefits in kind for necessary services, emergencies and in cases of public calamity. It releases certificates of public notoriety and paupertate. It fulfils all the acts that are not specifically reserved for the council or the permanent delegation regarding the administration and defense of the interests The mayor is a civil status officer. He may delegate this assignment to a member of the notary's communal standing delegation, and in the respective municipalities, director or head of service. The celebration of the marriage, however, is made by the mayor or a member of the permanent delegation designated The mayor orders the payment order and signs the ordinances. He can delegate on his own personal responsibility, this assignment to a member of the communal permanent delegation. The mayor inspects the markets, roads, show halls, fairs and times what establishments, which from the point of view of safety and health are put under the supervision of the commune; he can stop the performances to ensure the guarding of tranquil and public morality. Order urgent hygiene measures. The mayor may delegate part of his duties to another member of the permanent delegation by written decision, which is brought to the attention by display and advertising. In the communes composed of several villages, the mayor will be able to delegate, by written decision, part of his duties to one of the elected councillors in the respective villages. The mayor presides over bidding. + Article 61 The mayor, in case of absence, is replaced in his duties by a member of the permanent delegation, designated by him. If this designation has not been made, it will be replaced by right through the oldest of the members of the permanent delegation. + Article 62 The mayor is alone in giving ordinances on the measures that are given to him in his duties, of the council or of the permanent delegation. When these ordinances are related to sanitary, agricultural, veterinary, public works or other specialties, they will be given after prior consultation with the respective head of service and countersigned by him. The ordinances will be displayed at the communal door. Any citizen is in law to meet in order against the ordinances, at the Ministry of Interior when they are given by the mayors of the municipalities and the prefect when they are given by the mayors of the other communes. These greetings do not suspend the execution of orders. The Minister of the Interior and the Prefect, each in his jurisdiction, are entitled to any era to cancel the ordinances when they are contrary to the State order, laws and regulations of, public administration, or only to suppress from such ordinances Dispositions. In contrast to the prefect's decision, the mayor and any citizen who directed the welcome have the right to appeal to the Ministry of Interior within 10 days of receiving the decision. The orders become enforceable only after they have been brought to public knowledge by display, publication and shouts, when they contain general provisions and by individual notifications made to the interested in the other cases. The display and publication are found by minutes signed by the mayor and secretary, and the individual knowledge by evidence of receipt. + Article 63 Contraventions to ordinances will be judged and punished according to the prescriptions of laws and regulations. The sanctions prescribed in the ordinances will not exceed those provided for the ironing of laws and regulations. + Article 64 The mayor performs any other attributions, which are brought to him by laws and regulations and represent the commune in all official ceremonies. + Chapter VII Communal Police + Article 65 The mayor as head of the communal police may delegate part or all of these attributions to members of the communal permanent delegation. He exercises the duties arising from this quality either personally or through agents and officers from the administrative police. When these would not be enough, the Ministry of Interior, at the request of the communes, will be able to designate for special tasks of communal police and other agents and officers who in this case will be repaid from the commune's budget. The mayor, in case of emergency, is obliged to take the measures of necessity of circumstances, when the public order and the safety of the Village would be threatened, reporting to the bodies in whose competence and attributions the application of these measures usually enters. + Article 66 Communal police measures are ordered and applied by the mayor according to laws and regulations. They have special purpose: a) Hygiene and sanitation of homes and determination of conditions for the construction of private properties; ... b) The facilitation and safety of the movement on the streets, roads, quays, markets and other public places; ... c) Insurance of means of transport within the commune; ... d) Happiness of cities against fires, floods, to prevent and combat epidemic or contagious diseases, epizootic diseases; ... e) Removal and remediation of events that could be caused by angry alienations and bad animals; ... f) Destruction and starling of harmful animals; ... g) The way of transporting the bodies and maintaining good order and living in cemeteries, without ossebres of worship and religious beliefs; ... h) The inspection of the hotels and the penalties and the taking of their own measures to ensure their hygiene and sanitation; ... i) Ensure the quality and weight of the objects that are sold with the scales or with the measure ... j) Privegherea of the drinks venues; ... k) Sanitary control of food and beverages; ... l) Display surveillance; ... m) Measures to stir up begging; ... n) Police of theatres and all performances of any nature; ... o) Industrial police, trade safety; ... p) Social hygiene measures. ... + Article 67 The mayor is indebted to take measures to prevent illicit use, theft and damage caused in the field, gathering crops before reaching adulthood, measures for using communal pastures according to guidance given by the Ministry. Agriculture and Domains through the county agricultural service, finally any other measures and provisions provided for in the rural police law currently in force or which would be decided in the future. + Article 68 The mayor and members of the permanent delegation as well as the competent officials and health officials, appointed by the mayor, are entitled to find the contraventions to laws, regulations and ordinances. They will send the offenders to the judgment of the competent judiciary, if the laws do not even give in their jurisdiction the finding of the facts and the application of the penalties. + Chapter VIII Edility + Article 69 The communes are obliged within four years from the promulgation of the law to determine, if they do not already have them drawn up, after the importance and means of which they have, a general system of systematization, to consider the satisfaction of all the needs of edilitary order, as the alignment of streets, openings and establishment of streets and squares, water supply, canal, lighting, paving, establishment of gardens, parks, plantations, means for transporting the population in communes, eftine dwellings, etc. The order of execution of the publishing works will be provided for in the law The systematization plan will be drawn up for development, which it would also be able to take jointly and its various services in the future. He will be made up either by the local technical service or by public competition between the various specialists in the country. In rural and urban communes non-essential the systematization and comassary plan will be made up in the margins of the local need, after the proposal of the respective communal council, by a commission that will gather the necessary data in the locality. The commission consists of the head of the county technical service, the primary doctor and the permanent delegation of the respective rural commune. The commission will be chaired in rural communes by a member of the county permanent delegation, and in the urban communes not before the mayor of the commune. The plan thus drawn up will be approved by the communal council and will remain final, after being submitted to the research of the county permanent delegation, which will examine it together with the heads of the county technical and architectural services. In the suburban communes, the systematization plan will be drawn up by the care of the technical service of the respective urban commune and subject to the approval of the urban communal councils. In the county capitals the plan remains definitive after his research by the administrative higher council. The control authority will give its opinion from a technical point of view, proposing changes that would think useful for a better achievement. + Article 70 Plans for the alignment of streets and markets in the county capital communes will be drawn up by local technical services based on systematization plans and will be approved by communal councils. Only when, due to extraordinary circumstances or force majeure, the commune would suffer changes that would require the modification of the systematization plan. In this case, the amendment can only be made with the consent of the council, taken by a majority of two thirds of the members in office and with the opinion of the administrative higher council. + Article 71 The Communal Council decides on the opening and closing of streets and public squares according to the systematization plan. + Article 72 The streets, passengers or markets that will open without authorization in order, will be closed by the communal authority. + Article 73 No construction or reconstruction of edifices and no other work in the commune will be possible to do without the authorization of the communal permanent delegation, signed by the mayor or his delegate and given on the basis of the opinion of that technical service, if this service exists at the town hall, or based on the opinion of the service that will replace + Article 74 The commune is entitled to impose on those who build or repair, namely measures and restrictions from the exercise of the owner's right, in order to embellish the locality or in the interest of public sanitation and citizen safety. The communal authorities are obliged to rule within 10 days on applications for authorization. Passed this term without having obtained the resolution of the application, or when the given solution is not in accordance with the law and the communal regulations, the petitioner has the right to address the judiciary, on the way of administrative litigation, for the establishment damage suffered. + Article 75 The constructions built apart from the alignment or against the regulated provisions and without permits will be torn down if their owners, within the period of no more than three months from the notice of the communal authorities, have not complied with the provisions Taken and regulations. + Article 76 No consolidation works will be allowed for houses found to be built apart from the definitive alignment established and approved according to the laws in force. The works that would be done without such authorization will be dissected by the communal authority. In order to facilitate the edilitary works and the transformations that the good state of the communes of sanitation, safety and embellishment require, expropiers can also be made on areas, according to the law of expropiation. The public utility in this case is declared by the respective communal council with the approval of the interior minister, based on the opinion of the superior administrative council + Chapter IX Dismissal, removal and suspension of the mayor and members of the communal permanent delegation + Article 77 Mayors and members of the delegation of municipalities submit their resignation to the interior minister, the other prefect of the county. + Article 78 The mayor and members of the permanent delegation can be removed by reasoned decision of the communal council, taken by a two-thirds majority of the total number of councillors. The Council can only pronounce the removal for the following reasons: bad administration, through manifest acts of incomprehension, bad faith or culpable negligence, which compromise the interests of the commune, acts against the order and safety of the State and criminal acts. The Council, will only be able to be notified by the reasoned written proposal of the Minister of the Interior for the urban communes of residences and the prefect for the other communes, or of one third at least of the number of councillors. The closures of the communal councils regarding the removal of mayors and members of the communal delegations will be immediately brought to the attention of the prefect, when they concern the rural and urban communes of non-president and the interior minister when they look on other urban communes. Such termination shall remain final if within 10 days of their communication they have not been refuted by the central authority. Those removed also have the right to complain at the same time. The infirmation can only be pronounced on the basis of the opinion of the county delegation or the administrative higher council, as is the case. When the mayor or members of the permanent delegation have committed acts against the order, security and unity of the State or have not executed the measures of general interest, ordered by the central authority, they may be removed even if the council in law he found there is no room for this measure. In this case, the removal is made by royal decree, given on the basis of the reasoned report of the Minister of Interior, with the opinion of the administrative + Article 79 Mayors and members of the permanent delegation can be suspended by the superior control authority if they proved, through the investigation made, that they have been guilty of acts that reach the public order and the safety of the State. The suspension is pronounced by the prefect for rural and urban communes and the interior minister for the other urban communes. In this case the suspension will not be able to pass for a month, after which it ceases by law if following the investigations made the suspended ones were not removed from operation. Mayors and members of the permanent delegation will be suspended if they are brought to trial, by virtue of the final order of the investigating judge or the prosecutor's indictment or when they are arrested by virtue of a warrant or if The investigating judge requires it in the interests of research. + Article 80 The quality of mayor and member of the permanent delegation is lost for the same causes, for which the quality of councillor is also lost. + Article 81 The removal decisions will also specify the period of non-eligibility of mayors and members of the permanent delegation. + Article 82 The suspension and removal decisions will be motivated and will show the evidence on which it is based. + Article 83 No action can be taken against mayors or members of the permanent delegation, which would aim to remove them, before they have been called and listened to by the competent authority. They are entitled to present their defence and written pleadings. If they refuse to present or send the memoirs, the removal procedure will follow its course. The decision that will be given will make mention of the fulfilment of these formalities. + Chapter X Suburban commune + Article 84 Urban communal councils will indicate rural municipalities that can be declared suburban. The same right has the prefect of the county, who appreciating the general and local interests will be able to refer the councils to the urban communes for this purpose. This declaration will follow after a research at the locality, made by a commission composed of a member of the permanent delegation, the chief engineer, the primary doctor of urban communication, the mayor and 2 delegates of the council of the respective rural commune. The commission will find the topographic situation, the number of inhabitants of the commune, the means of food, hygienic and edilitary state (water supply, lighting, canal, etc., connecting roads with urban commune, forests and water courses, the distance between the communes, the occupation of the inhabitants, the products of the locality, taking and any other information will believe The findings of the commission will be recorded in a minutes, to which a draft plan will be joined. + Article 85 The Council of the Urban Commune, based on these data, decides whether the rural commune under investigation is to be declared or not suburban. In contrast to this conclusion the interested communes, as well as the prefect, can appeal within 10 days to the Ministry of Interior, which will rule within the 30-day period. The decisions of the councils even if they have not been appealed, can only be put into work following the approval of the Minister of the Interior, which will rule in the above term. + Article 86 The approved rulings can no longer be appealed on any path. They are communicated to the interested communes and are published in the Official Gazette and in the "Gazette of the County" These decisions are mandatory for the respective communes and attract after them the fulfillment of all the provisions provided by law. No later than one year from the date of these decisions, the urban communal care will raise general plans of situations that will include each urban commune and the respective rural communes declared suburban. + Article 87 The suburban commune retains its individuality, having the communal council and its own communal authorities. + Article 88 The mayor or delegate of the mayor of the suburban commune is part of the law of the respective urban commune. When, however, there are issues that interest both communes, and especially the taking of sanitation, edility and food measures, the council of the suburban commune is represented at the deliberations of the urban commune council in addition to the mayor and the permanent delegation with deliberative will. + Article 89 The sanitation, edility and communal police regulations of the suburban commune will not be able to be executed until after they have been approved by the council of the urban commune to which it is linked. Health measures taken by urban communes will be mandatory for suburban communes. + Article 90 If there are misunderstandings between the urban and suburban communes over the measures to be given according to the above provisions, the Ministry of Interior is definitively pronounced within 10 days since it was sitting. The administrations of the respective communes are indebted to execute the measures approved under the sanctions provided by laws and regulations. + Article 91 For the application of the sanitation, edility and municipal police regulation, suburban rural communes can associate with the urban commune to establish and maintain a joint execution and control service. + Article 92 All buildings and establishments and the entire perimeter within the suburban commune will be subject to hygiene, edility and municipal police measures established by the respective urban and suburban communes. + Chapter XI Community services and officials + Article 93 Each commune will set up the services it needs and within the means of which it has. The communes will have administrative technical, economic, financial, statistical, sanitary, contentious and no matter how many others would be dictated by local needs. The communes can give not only to the administrative services, but also to the specialized ones, any desvoltation would ask for their local needs, as far as the financial means available to them. + Article 94 Each commune will have at least one secretary. The secretary can be a cassier. + Article 95 The secretary of the commune is the head In this capacity he has the supervision of all archives and works. He contrasemates all acts and assists at all meetings of the communal council, being in particular in charge of drafting the minutes of the meetings and with the transcript in a special register of the deliberations of the communal permanent delegation and of council. + Article 96 The cashiers and the fulfilling agents must make certain guarantees. They operate under the same conditions and with the same responsibilities as the similar officials of the State. + Article 97 Rural communes that do not have means, can be associated, to pay jointly the necessary agricultural, technical, sanitary, veterinary staff, etc. The association for this purpose can only be done with the approval of the prefect, based on the opinion of the permanent county delegation. + Article 98 The municipal officials are of two categories: administrative and specialized. The first category includes: communal secretaries, directors or heads of various services, as well as heads of biurou, impiegates and their assimilations. The second category includes: education staff, litigation staff and lower health, veterinary, technical, economic, financial and agricultural staff. + Article 99 The conditions of admissibility of the specialized officials whose appointment enters the competence of the communal authorities, as well as their rights to advance, retribution, disciplinary measures and retirement are those provided for in the statute and laws Special. The appointment of this staff shall be based on the proposals of the respective Head The conditions of admissibility of the communal administrative officials and their other rights are laid down in the statute and the present law. The communal administrations have the right to exercise immediate control over the work of the specialist officials. Mayors or their substitutes may at any time request the setting in motion of the disciplinary action for the deviations committed by these officials, and the respective Ministries are obliged to act without delay to the request. Before the disciplinary commissions the communal administrations will be represented by the delegate of the respective ministry. + Article 100 Each commune will draw up its regulations, in accordance with the present law, by which it will thoroughly determine the organization of the various services, the attributions and the retribution of the staff. + Title III County + Chapter I Composition of the county council + Article 101 The county council is composed: a) Three-fifths members elected by all county voters, with universal, equal, direct, secret, obligatory voting on the list and representation of the minority; ... b) Up to two fifths of law members. ... + Article 102 The number of elected county councillors is established in proportion to the population, without ossebness of sex, age or nationality. In this calculation does not enter the population of the county residences. This number is 36 councillors in the counties that have a population of more than 400,000 inhabitants; 30 members in the largest of 200,000 inhabitants; 24 24 members in the other counties. With the councillors are also chosen a number of alternates equal to a third of their number, who will be called to complete the legal holidays arising in the council according to the provisions of art. 192. The number of elected county councillors can only change from 10 to 10 years, by the vote of the respective council, approved by the Ministry of Interior with the opinion of the superior administrative council, and only where the population's statistics will advertise a amendment according to the above rules. + Article 103 They are law counselors: The mayor and possibly up to two elected councillors from the council of urban commune of residence; School reviewer and older representatives in the degree of vocational and secondary education; The most senior representatives of the Ministries of Public Health and Social Protection, Agriculture and Domains (zootechnical service and Forest House) and Public Works; Financial manager; Agricultural adviser; The prototype of the cult that has the most faithful in the county and residing in the capital of the county. If there are more of the protoera in this situation it will prefer the most old in operation. One representative of the Chambers of Agriculture, Trade, Industry and Labour; The head of the contentious service of the State in that county; A representative of the cooperation, namely: the president of the production federation and in the absence of the president of the federation of popular banks, which is based in the county capital. Legal advisers will be designated in the order set out above. Their appointment will be made immediately after the publication of the respective electoral body. + Article 104 The communal councillors who are to be part of the county councils, as legal advisers, will be appointed by the council of the urban commune of residence of that county. Representatives of the Chambers of Agriculture, Trade, Industry and Labour will be appointed by the steering committees of the respective Chambers. + Article 105 The establishment of the number of legal advisers for each category, their appointment in the order decided by art. 103 and the verification of the conditions, which these councillors must meet, will be done by the higher administrative council. + Article 106 All advisers must be among the eligible or exercise their function or profession in the respective county. + Article 107 If the council of the urban commune of residence, or the Agricultural Chambers of Industry, Commerce and Labor will not be designated within 15 days on the legal advisers, intended to be part of the county council, this operation will be fulfilled. by the Minister of the Interior for the communal council and the respective ministers for the Agricultural Chambers, by industry trade and work. + Chapter II Constitution of county council and county commissions + Article 108 If there were no appeals over the election or if they found themselves unfounded, the county councils convene by the interior minister to rule on cases of incapacity, undignity and incompatibility. The newly elected advisors will submit in the presence of the prefect the following oath " I pledge allegiance to the King and the Constituent, I swear to apply with unbias the laws of the country and defend the interests, the county No member of the council can take part in deliberations until they are sworn in. The county council meets the law, if it has not been convened within 15 days from the rejection of appeals made against the elections or from the expiry of the term in which appeals could be made. + Article 109 After the swearing-in, the council, chaired by the oldest of its members, chooses by secret ballot the office for four years. The biuroul consists of a president, two vice presidents, two secretaries and two quaestors. At the end of the four-year term, until the new biurou is established, the old biurou works + Article 110 After the constitution of the biuro, the council, taking into account the knowledge and specialty of the members who compose it, will form five commissions, each of at least five members and no more than eight members. These committees have the task of studying retail all the issues that fall into the county council's falls and refer in writing to it, with a report, in the form of which the matter will come in plenary discussion. The county council, with the choice of commissions, designates by its vote, for each of them, one rapporteur and one alternate. The rapporteurs and alternates cannot be designated from among the members of the council, who would be state officials. + Article 111 The commissions shall be chosen for 4 years and shall be chaired by the oldest of the members. Their term expires at the time of the council's preening. Members whose term of office has expired may be re-elected. A county councillor can be part of no more than 2 commissions. + Article 112 The commissions are as follows: a) Administrative, financial and control commission. ... This commission deals with all administrative matters, all of which concerns the county's finances, presents to the council with its observations the budget proect made up by the county permanent delegation, checks the accounts. the county and presents them to the council; b) The commission of public works deals with the study of the issues regarding the communication paths on land and water, sewers, water courses rectifications, constructions of any kind, etc.; ... c) The economic commission deals with research on agriculture, trade and industry, with all their branches and the entire economy of the county. It examines the measures to be taken to supply the population with articles of first necessity; ... d) The commission of cults and education studies all matters concerning worship and vocational education, elementary and primary; ... e) The health and social assistance commission deals with all matters relating to public health and social assistance, the fight against epidemics and in general the improvement and maintenance of health and social care institutions of any Same. ... The Commission may make any kind of proposals to the Council on matters falling within their competence. Specialist county councillors take part in law in those committees. + Article 113 The Prefect may take part in the meetings of these commissions, and the heads of the county special services, as well as the financial administrator, are obliged to take part in the meetings of the respective commission and give the explanations that will be required of them. Commissions can ask for lights and other specialists than those who are in the service of the county, to solve the issues of their competence. + Article 114 The rapporteur, or in the event of hindering, the alternate, shall study in advance the questions to be opened by the committees and shall present them with written report. + Article 115 The commissions may decide for the research of the questions of their competent investigations in the locality, through one or more delegates of the commission. + Article 116 Commissions work whenever needed. However, they can also be convened by the prefect of the county or after the request of the county permanent delegation. + Chapter III County council attributions + Article 117 County councils have the initiative and decide on all matters of county interest in accordance with the present law and special laws. Through the county delegation supervises, controls and directs the administration of county services, as well as that of the communes in the county, outside the municipalities. I am obliged to speak on the issues brought to them by different laws and to execute the provisions ordered by the central authority, within the limits of its legal competence, in the general interest. + Article 118 I am of county interest in particular matters regarding: a) Primary, professional and secondary education; ... b) Public health and social protection, namely: building, maintenance and administrative supervision of hospitals, dispensaries, nurses, etc. county, as well as the appointment of administrative and health personnel necessary for these institutions and establishments above mentioned outside by doctors of any category; ... c) the construction and maintenance of communication routes, public works as well as the appointment of administrative and technical personnel respectively outside of engineers of any category: ... d) Agriculture and cattle breeding, namely: administration of communal springs, agricultural elementary schools, organization of the county agricultural service for the purpose of encouraging agriculture, fruit growing, shericiculture, viticulture, as well as the appointment the administrative staff and the lower of that specialty; ... e) Measures to support trade, industry, trades, education and the protection of historical monuments. ... In all these matters county councils will work with the Chambers of Agriculture, Trade, Industry and Labour. In all this, as well as in the execution of other attributions that would be given to them by laws, the county council will stimulate the communal initiative and coordinate their activity in the best possible use of local means, the state through the departments in question, keeping the general directives, the control and the attributions based on those laws. The county can cooperate with communes for, works of local interest and with the State for works of general interest, vote on the annual budget, manage the county's assets, determine the number of county service officials and fix them retributions, decides within the limits of the laws of settlement and levying of various taxes and fees, takes measures to defend the interests of the county by authorizing the start of the processes and their extinction, decides on the provisions of the sales, exchanges, donations, purchases, related receipts, etc. + Chapter IV County council operation + Article 119 The county council meets in the county capital, in the prefecture venue, in ordinary session at 1 Octomvrie and on March 1 of each year. He meets with the right to this data, even though he has not been summoned. In extraordinary session, the county council meets whenever it advertises this county's interests, either after the request of the prefect or the interior minister. The convocation in extraordinary session is made with the approval of the Minister of Interior, who will be told the reasons for the convocation and the schedule of the works with which the council will be + Article 120 The convocation is done for all sessions by the council president. In the case when the president of the council did not convene within 10 days of the prefect having communicated the approval of the extraordinary session by the interior minister, this convocation will then be made by the prefect. + Article 121 The duration of the ordinary session is 15 days, but can be extended following the decision of the council, which will also be communicated to the prefect. The duration of the extraordinary session cannot exceed 10 days. However, it can be extended by invoking the council, approved by the Interior Ministry as needs. + Article 122 The convocation in ordinary and extraordinary session must precede by 10 days at least the day fixed for the assembly, apart from emergency cases that must be shown in the act of convocation. The convocation act will be published in the "County Gazette" for both the ordinary and extraordinary session. In addition to this convocation the president also addresses councillors and special knowledge at everyone's home. The summons, both those published and the individual ones, must contain the schedule of works and the object of the convocation. + Article 123 A session of the council may be extended by the order of the Minister of the Interior, for no more than one month. + Article 124 The program of works is agreed by the president of the county council, the permanent delegation and the prefect of the county. + Article 125 The county council holds one or more sessions a day. The meetings are public. However, after the request of the President, the prefect or a third of the members present, the meeting may be declared secret. The meetings in which the issues under the head are discussed. III, VI and X, under Title IV can never be secret. + Article 126 The meetings open and close to the president. They necessarily begin with the reading of the minutes of the past meeting that is approved by the council, in the case when no adviser has any observations to make. The approved minutes shall be signed by the President and one of the Secretaries. Each counsellor shall have the right to make mention in the minutes, that he has 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 concluded and shall be published in summary in the "Gazette of the County", no more than 10 days from the closing of the session. They shall be transcribed in a register numbered and initialled by the President and the Secretary of the County Council. The president of the council can order that the terminations taken in secret meetings be kept secret, as he believes it is necessary for the interest of the county or + Article 127 No matter can be brought into the discussion of the council, unless it is contained in the order of the day, outside only if it has been declared an emergency. The urgency is declared by two-thirds of the members present, with particular motivation in the minutes of the meeting, showing that the delay would damage the county or a general interest of the State. The matters contained in art. 211 cannot be declared urgent. The agenda shall be decided at least one day before that meeting by the office, in agreement with the prefect. The agenda is displayed in the hall. For the first day of the session, the agenda shall be communicated to the councillors with the convocation. Apart from the county councillors, who have the right to ask for a majority the interversion of the day order, the prefect can also before or during the meeting, ask to discuss the issues that have to be communicated or put into deliberation. Council. + Article 128 The president has assembly police. He exercises it with the help of the quaestors and the guard picket who must be provided by the commander of the garrison. To this end the president of the council instates in time the garrison. If he did n' t make this request, the prefect can do it. In public meetings, the president can, after inviting the public, order the departure of the turrears and their arrest, communicating about it immediately to the Public Ministry, which will decide in accordance with the law, if the measure must be maintained. When holding meetings will be flattened by one of the council members, then the county council, with an absolute majority of those present, will be able to pronounce the temporary exclusion of that councillor, without this exclusion being able to be longer. than that session's duration. The police are obliged to execute the order of the president of the council and hold the person who was sent to the judicial authority. + Article 129 Any meeting of the county council, which would be constituted and deliberate, outside the time for which it was convened, in another place and contrary to the manner established by the law, is unlawful. The interior minister or prefect of the county will take measures like such gatherings to immediately dispel, referring at the same time the prosecutor's office, which, will find that it is the case will sue the culprits if they deliberated in matters that could peril State order and safety. Councillors found thus guilty can be punished with imprisonment from one month to two years, declared excluded from the council and ineligible in communal and county councils for four years counted from the day of the conviction. In contrast to the sentence of the tribunal those interested have the right of appeal within the time limits and at the courts provided The acts or judgments that would be taken in such an assembly are void of law and non-existent. + Article 130 The county council cannot deliberate if it is not present at least the absolute majority of the members who compose the assembly and no decision is valid, if it did not meet the absolute majority of the votes of the members present, outside only if the law did not set a quorum or a larger majority of votes. In case of parity the proposal is rejected and in case of nullity of the vote it is repeated in the next meeting. If at this meeting the vote is also null, the proposal is considered rejected. + Article 131 Councillors vote by roll call or hand lift. On the whole proposal or conclusion, they vote only by roll call. In matters of people the vote is secret. + Article 132 The members of the council cannot speak until after they have asked him and given them by the president, who is indebted to him in order to register the orators. The president calls to the matter the orator who departs from her. Any personality, any swearing, is reckoned with a violation of the order. In this case the president calls the orator to order. The call to order is not passed in the minutes of the meeting except with the approval of the council + Article 133 The county councillor mandate is not repaid. However, the counselors will receive an indemnity of transport and maintenance for each day of work or for certain special tasks, with which they were delegated and who evade them from their usual occupations. + Article 134 At the meetings of the council will always assist, as the representative of the government prefect of the county, or in case of its impedication, the sub-prefect. + Article 135 In all the matters that are opened, the prefect of the county can ask for the word and give the necessary explanations. He doesn't take part in voting. + Article 136 At the meetings of the county council he always takes part and the secretary of the council, who follows and records the walking, drafting the minutes of the meeting. + Article 137 The county council can set up committees of citizens without distinction of sex, under the leadership of an adviser, to give the contest to the administration in matters of local interest and especially in those regarding education, worship, public health, social protection, communication and agriculture. + Chapter V The County Permanent Delegation and its attributions + Article 138 The rapporteurs of the five specialized committees compose the county delegation. Their alternates are the alternates of the members of this delegation. + Article 139 The chairman of the permanent delegation is the prefect. In his absence his meetings are presided over by the oldest of the present members of the delegation. + Article 140 The delegation meets at the prefecture. She will have the secretary of the county council secretary, tasked with keeping the works. He takes part in all meetings and counteracts all acts of the delegation. In case of impiedecare, the secretary is replaced in his duties by a county administrative official, delegated by the prefect. The county delegation is working at all times. + Article 141 The delegation can work validly with three members. The presence of the prefect or his replacement is mandatory. For each meeting, a report signed by all the members who took part in it and the secretary is concluded. If the works of the delegation were imposed by the lack of full members, their alternates will be called to the meeting, which will be repaid with a daily allowance set by the county council. + Article 142 The members of the joint delegation will allocate their works according to their specialty. + Article 143 The permanent delegation shall rule on any of the matters of the council's competence, outside the voting of the budget, approval of the accounts, loans and provisions (estrangements, transactions, etc.), service concessions and works, associations, territorial changes to the communes and the county. + Article 144 The delegation also has its own attributions, namely: a) Supervise the administration of county services ... b) Supervise, control and guide the administration of the communes in the county outside the municipalities; ... c) It is pronounced on the conclusion of the communal councils, whenever the law requires it; ... d) It gives its opinion requested by the competent authorities; ... e) Decision on all appeals or appeals, which are given in the jurisdiction by laws; ... f) It shall be pronounced as the conciliation court, in accordance with the provisions of this law; ... g) Take measures to defend the interests of the county in justice, before which the county is represented by a ... delegation member. The delegation is indebted to the county council in each session about the state of the processes. In urgent cases it can do any legal act for the preservation of rights in the judiciary. + Article 145 The permanent delegation is also an advisory body of the prefect, which can ask him for his opinion on any issues of local interest. + Article 146 The prefect or his replacement may appeal with appeals to the county delegation when they are taken with the ironing of the law or regulations, or when they are against the general interest, even if they find themselves in the process of execution. The Minister of the Interior is speaking with the opinion of the + Article 147 The members of the delegation will be repaid with a fixed salary from which detentions will be made for the hostel and will not be able to occupy any public service at the same time. The retribution is decided by the council, and is part of the county budget. + Article 148 Members of the county permanent delegations may be suspended or removed from their duties by the Minister of Interior for the same reasons and with the same forms as those of the permanent delegations of the communes of the county residences. The holidays are fulfilled with alternate members; when they are also missing, the county council processes the new elections. The county council at its first meeting will be pleased about the disciplinary measures taken against members of the permanent delegation. + Chapter VI County services and officials + Article 149 The services of the county administration are: Administrative service, financial and accounting service, statistical service, technical service of roads and constructions, health service and social protection, veterinary and zootechnical service, service of education, service cult, economic service and contentious service. Counties will be able to give the unwind that the attributions of each service require in the report and with the means of which they have They can also set up other services. + Article 150 County officials are of two categories: administrative and specialized. The first category includes the secretary of the county council, directors or heads of various services, as well as the heads of biurou, impiegates and their assimilations. The second category includes: the staff of primary and vocational education, the contentious and the lower health, veterinary, technical, financial, economic and agricultural staff. + Article 151 To be appointed secretary of the county council the candidate must meet the same conditions as the pretor. He is assimilated in grade, salary and in rights to advance with the pretor. + Article 152 The secretary of the county council assists the meetings of the council and the permanent delegation, drafts and records the minutes of the meetings, counteracts all the acts that emanate from the council or the permanent delegation and has the responsibility the smooth running of the county administrative service. The drafting and care of the regular appearance of the "County Monitor" falls into the duties of the secretary's function. In his absence, or in case of hindering, he is replaced in his duties by a biurou chief designated by the permanent delegation. The current secretaries of the county councils who will be established at the promulgation of the law, are confirmed in their positions. + Article 153 The conditions of admissibility of the specialized officials whose appointment enters the jurisdiction of the county authority, as well as their rights to advance, retributions, disciplinary measures and retirement, are those provided for in the statute and laws Special. The appointment of this staff is based on the proposals of the respective heads of service. The conditions of admissibility of the county administrative officials and their other rights are provided for in the statute and the present law. + Article 154 The county administration has the right to exercise immediate control over the work of the specialized officials. The Prefect may at any time request the setting in motion of the disciplinary action for the deviations committed by these officials and the respective ministries are obliged to act without delay to the request. Before the disciplinary commission the prefect will be represented by the delegate of the Ministry. + Article 155 Each county council will draw up its regulations, in accordance with the present law, by which it will determine, in detail the organization of the various services, the attributions and the retribution of the staff. + Title IV Common provisions + Chapter I Administrative choices SECTION I Voters and eligible to the commune and county + Article 156 There are voters in communes and county all Romanian citizens who, in addition to the other conditions that voters must meet for the Assembly of Deputies, are 21 years of age and real residence for at least one year in the commune or county where are to exercise their rights. This condition does not require civil servants. Voters domiciled in the county capital do not vote in county elections; however, they are eligible in county councils. Owners of buildings in the climatic and spa resorts can declare at the respective town halls, during the month of January of each year, before the electoral lists remain final, that they understand to exercise the right of voter in those communes even if they don't have their real domicile They are also voters and eligible in the county council, even if they do not have the real domicile in the county, the Romanian citizens who exercise there a trade, an industry, a profession, or are real estate owners and have done shown in paragraph 3 the declaration of their will at the town hall of the county where they have the intention to exercise their right to vote. + Article 157 The communal and county electoral lists are formed by the permanent and communal delegation of each commune. + Article 158 The electoral lists will include in the alphabetical order, after the last name, the number of orders of the voters, the surname or baptism, the age, the occupation, the showing if it is a voter in the commune or county and a column for observations. The electoral lists will be displayed at their preparation at the latest until 1 Fevruarie, and the changes that would be made every year will be displayed until this date. Any citizen will be able to challenge omissions, deletions or illegal enrolments, through requests addressed to the respective detour judge, within 10 days from the display. The judge shall rule in the council chamber within 10 days of receipt of applications. The trial deadlines will be displayed at the door of the court. The judge's decision is final and will be communicated ex officio and emergency to the respective city hall, which will comply. The remaining definitive lists will be transcribed by the communal authority in a special register, numbered and initialled by the detour judge. Copy of the register shall be submitted to the respective detour court. The register will be kept available to any citizen. It will be possible to publish the lists in brochures. These lists thus drawn up are permanent. The communal authority will care to distribute the books to the voters at the latest until three days before the election date. The remaining undistributed at this deadline will be raised by those interested from the respective town hall in the rural communes, and in the other communes from the respective detour, where they will be submitted. Deletions or registrations again in the permanent electoral lists will be made according to the forms shown above every year. The permanent communal delegation and in the rural communes together with the notary, make these changes, display them at the door of the communal house, and communicate them immediately in writing, under the proof of those interested, until January 15 of each year. They can apply with requests to the detour judge. The procedure will follow as shown above. The communal authorities are obliged to operate in the register the remaining definitive amendments. The appeal does not suspend enforcement. + Article 159 All Romanian citizens who, in addition to the conditions of being voters, are 25 years old and know ceti and write, as well as those shown in art. 156, para. II and III. + Article 160 Voters and elected officials from the commune and county are applicable to cases of incapacity, undignity and incompatibility provided both in the present law and in the electoral law for the elections of the legislative bodies. + Article 161 Councillors cannot be elected: active soldiers, spirits of spirits in rural communes, monks, tenants of the properties of the commune or county, direct entrepreneurs or through interposed persons of different works or supplies of the commune. or the county, officials repaid by the commune, county, state or public establishments placed under their control. + Article 162 The mandate of communal councillor is incompatible with that of county councillor, apart from the exceptions provided in art. 19, para. 1 1 and art. 103, para. 1. The one found in this category must opt within 3 days of validation for one of these mandates. If he does not opt, he is considered as a member of the council in which he chose following, the other place declaring himself vacant. There may be members of the same council as relatives up to the fourth degree. If these eventualities arise, the oldest of those elected will be preferred. + Article 163 The mandate of councillors once accepted is mandatory and can only be refused for: the age of 60 fulfilled, the disease that puts them in impossibility to exercise their mandate, change of domicile and order in an incompatible public service with the term of counsel. Councillors who after two summons do not appear to perform the oath or who present themselves refuse to perform it, as well as those who after the swearing-in are absent, without legal reasons, five consecutive sessions or one third of the total number of the meetings during a year are punishable by a fine of 100 to 1,000 lei in rural and urban communes, from 1,000 to 10,000 lei in urban communes residences and counties. The velvet of the fine is decided by the council and is collected, by the tracking law, for the benefit of the communal or county house. If the council does not take measures to find these deviations, the prefect, ex officio for communes outside the municipalities, and the interior minister for municipalities and counties, are in law to investigate the facts and apply the above sanctions. These authorities, however, cannot take any action until after the councillors have been established to defend themselves, either verbally or through written memoirs. If by not presenting the councillors or their refusal to take the oath, the commune or the county have suffered any damage, they are liable, according to the provisions of the chapter of the responsibilities. SECTION II Ordinary election compliments and preinoire + Article 164 Communal and county voters can be summoned for ordinary, pre-swimming or complimentary elections. + Article 165 The ordinary elections take place at the end of the 8-year term, the term at which the mandate of the councillors elected by universal suffrage expires, or at any time or when the council chooses, in its panel. The pre-renewal elections take place every four years, for the election of one-third of the councillors who will be designated by lot. The complimentary election may take place at any time during the 8-year period, when unfulfilled vacations with alternates reach one-third of the number of elected councillors. + Article 166 If from different causes the communal elections could not be carried out in time, the old councils or the interim commissions gireaza according to the established norms. SECTION III Convening communal and county voters. Electoral operations + Article 167 Elections always take place in no more than 2 months from the fulfillment of the fact that caused them, and the convocation of the electoral body is made and published at least 21 days before the day fixed for elections. The convocation of the voters of rural and urban communes, outside the municipalities, is done by the prefect's ordinance. The convocation of county and municipality voters is made by the ordinance of the interior minister. In the ordinary elections the convocation of the electoral body will be made so that the elections are carried out before the expiry of the mandate of the council it replaces. + Article 168 The convocation must show the purpose of the convocation, if the voters are summoned for the county or commune elections, namely for what commune, if the voters are summoned for elections, ordinary, preening or complimentary, the locality where he has the choice is made, the number of councillors who are elected, the day on which the election is to be made, the start time and the end of voting, as well as the date of the meeting of the council, which cannot be more than 15 days from the date of election. The convocation will be published in the Official Gazette for municipalities and counties and in the County Gazette for the other communes and will be communicated to the first president of the respective tribunal, who is rightful the president of the central electoral biuro. + Article 169 Each commune is an electoral district in the communal elections. When the number of voters in a commune is more than 1,500, the constituency can be divided, for the facilitation of electoral operations, in several sections. + Article 170 The distribution of voters by polling sections is done by the president of the central electoral biuris at least 15 days before the election day, is displayed by his care at the door of the courthouse and communicated to the prefect of the county, who at turn a public and display it in the localities where the choice is to be made. These publications will include all indications shown in the convocation ordinance, as well as the place where the voting will be started, the time of start and end of voting. One of the sections will centralize and total the votes from all other sections, proclaim the outcome of the election and apportion the mandates. In the county elections, the central electoral biuroul centralizes the results from all sections of the county, appoints the mandates and proclaims the result of the choice according to the provisions of + Article 171 Electoral operations for both the commune and the county last a single day. They start at 8 a.m., with a single two-hour interruption during the meal, and continue until 5 p.m., being able to extend by the president of the voting biuron at most until 22 p.m., if there are still voters who did not vote. + Article 172 The electoral biuros are presided over by magistrates, appointed by the first-president of the local court or his replacement, 10 days before the elections and by drawing lots. In the communes where appeals courts operate, magistrates preside and are appointed by the first chairman of the Court of Appeal or his replacement, and in case the number of detour judges and helpers as well as tribunal magistrates is not. Sufficient shall be completed with the Court of Appeal With the draw of the magistrates will also determine the section that will centralize, total and proclaim the result of the vote for the communal elections. The first-president of the tribunal or his replacement is rightfully the chairman of the central electorate. If the number of magistrates called to preside over the elections in rural communes, it would be lower than the number of communes in which elections are to be made, they will be carried out by groups of communes. The grouping of the communes will be made by the first-president of the tribunal or his replacement with the draw of the magistrates delegated to preside over the elections. When for the lack of magistrates these elections could not be carried out within the deadline, they will be able to be chaired exceptionally by the county councillors appointed by lot in the public sitting by the first-president of the tribunal or his replacement, in the same time as the formation of joint groups + Article 173 If the number of magistrates called to preside over the county elections would be lower than the number of polling stations, these elections will be carried out by county groups. The grouping of counties and the number of polling stations will be determined by the Minister of the Interior with the Minister of Justice, taking as a basis the constituencies of the Courts of Appeal and the prefects ' reports regarding the number of voters, the possibilities transport and proposals on the number of sections. The appointment of magistrates who will preside over the polling sections will be made by lot by the first-president of each Appeal Court or his replacement of all the constituency magistrates out of the first-chair or an adviser and the The first-president of the tribunal or his replacement shall remain at the premises. + Article 174 The president of the voting biuron will be at all elections assisted by one of the clerks or helpers of the court to whom it belongs and in the absence of a clerk of the Registry delegated for this purpose, and by two electors, drawn from those who have been designated by to candidates with the submission of applications. + Article 175 The proposal of applications is made both for communes and for the county at least 8 days before the day fixed for voting and until 18 o'clock of the last useful day. In rural and urban communes non-essential the proposal is made to the judge of detour in the constituency to which the commune is found. In the county capitals and for county elections the proposal is made at the first president of the respective court. The proposal must be made in writing in two copies and signed by at least 25 voters in rural and urban communes and at least 50 in municipalities and counties. Proposed voters will present themselves in person or through the trustee. The magistrate who receives the proposals will ensure their identity and if both they and the candidates appear in the electoral lists. The presence before the judges of the proposers of the rural communes is not mandatory. Their identity can be attested by the notary of the commune. For rural communes the proposal of the candidates can be done verbally, but only before the judge. The magistrate who received the proposals for applications will take note of the statements made and will register the names of the candidates in the order requested by the proposers, training a minutes. + Article 176 Each list must include a number of candidates equal to the number of councillors who are elected, as well as a number of candidates equal to one third of all councillors, for the choice of alternates. When a commune is composed of several villages, the proposed lists must include at least one candidate for each village. No one can run except on one list. + Article 177 With the submission of applications or at most until the election, the proposers or candidates will be able to nominate to the respective judge for each list and for each polling section two assistant voters and two delegates each. + Article 178 The candidates must declare or verbally, before the competent magistrate, the acceptance of the candidacy at least 8 days before the day, fixed for voting. At the same time the proposers have the faculty to declare a distinctive sign, namely a number of black dots in diameter of 5 mm or black bars in length of 1 cm. For rural communes the acceptance of applications will also be possible before the notary, who after certifying them, will submit them to the judge. Applications once accepted, their withdrawal will not influence the validity of the list. + Article 179 The lists that contain a higher or lower number of candidates than the one required by law, as well as those that are not composed according to the provisions of art. 176. + Article 180 On the first day after the deadline for receiving applications expires, the respective magistrate will order the printing of the ballots. + Article 181 The ballot will have the form of a letter paper sheet in four pages. The dimensions will be determined by the magistrate who has the printing, taking into account the number of lists submitted. Even in a case the bulletin will not exceed the format of a regular sheet of writing paper. + Article 182 The paper of bulletins will be white and will be divided into pagins 1, 2, 3, etc., and in so many equal separations how many lists of candidates were submitted. These partitions will be numbered from the left to the right-and in each of them will be printed one of the lists proposed with the indication of the tenured and alternate candidates, in the order in which they were proposed-and their names in the order in which they were declared. The bulletins will be printed all with the same characters and the same ink, having at the head of each list the declared hallmarks The last page of the bulletin will remain white for the president of the respective polling station to apply on it his seal. + Article 183 The ballots are entrusted to each president by the electoral biuroul, under the proof, until the eve of the day determined to make the elections. The number of ballots will exceed by 10 percent the number of voters from each section. On the day determined for the electoral operation, before the start of voting the president of each biurou will apply on the last page of each bulletin his seal. + Article 184 Voters cast their ballots and receive from the president of the biurst the bulletin containing all the lists that were proposed, as well as a stamp that has printed the word "voted". The president of the biuro ensures the identity of the voter and explains how to vote. The voter enters the voting room, applies the stamp "voted" on the list he chooses and then presents to the president the ballot bent in four, bearing in evidence the part on which the seal of the president is applied. + Article 185 They are void the bulletins that do not bear on them the seal applied by the president for control, those presented open, those from which some candidates are deleted, as well as those that would not be of those printed by the care of the judicial authority or that contain the obvious signs of a prior understanding. The cancellation shall be pronounced by the President at the presentation of the vote for the bulletins that do not bear the seal applied or are presented open, and for the others when reading The votes cancelled, except those presented open or without a seal, which shall be deemed unexpressed shall be counted and shall be counted. + Article 186 The proposers or candidates can declare that they give up the appointment of delegates and assistants and leave the president of the poor faculty to choose their assistants among voters if he finds it necessary. + Article 187 The police of the elections in the voting place and in an area up to 500 meters around this place to do by the president of the voting biuron, who has at his disposal troops and where there are no troops, gendarmes. In the rural communes the polling area includes the entire commune. + Article 188 No one is allowed to enter the area armed and the voting place, nor to make propaganda through shouts, nor to constitute agglomerations. In the polling area all spirits flows will be closed, and in rural communes this, the measure extends throughout the commune, all day of election. + Article 189 Once the vote has closed, no one can enter the voting hall any more than the candidates, delegates and assistants. The President shall immediately proceed with the vote. He counts and reads each bulletin with a loud voice, pronouncing the name and sign that was voted on, declaring the ballots that are cancelled. Assistants enroll in the paintings the number of votes met by each list and control each other. + Article 190 For a list to have the majority of mandates, it must meet, half plus one of the number of voters. A fifth of the number of mandates is attributed to the minority. The mandates of the minority are attributed to the lists that have obtained at least one fifth of the number of votes cast. If two lists have obtained a fifth, the mandates of the minority are assigned to these lists equally; and if the number of mandates is without a spouse, one of them is assigned by lot. If none of the minority lists obtained this number of votes, then all mandates are assigned to the list that obtained the absolute majority of votes. + Article 191 If none of the lists have obtained the absolute majority, the choice is repeated on the corresponding day of the next week. At this election the biuroul assigns the majority of the mandates of the list that obtained the highest number of votes, and the minority of the mandates of that list that obtained a number of votes immediately inferior to the former. In the event of parity, the mandates shall be distributed equally to all lists. Remaining non-assigned warrants are assigned by lot. + Article 192 The mandates for both the majority and the minority shall be assigned to the candidates on each list in the order in which it was declared by the proposers. Candidates who by applying this provision have not come to obtain a mandate, become the alternates of that list. The number of alternates up to a third shall be completed with the alternates proclaimed elected by the same rules as the holders by assigning each list to the proposed alternates. + Article 193 If only one list of candidates is proposed within the legal term, the president of the courthouse for the urban communes of county and county residences, and the detour judge for the other communes, the proclama chosen unique list, the day after expiry of the term of proposal, and bring it to public knowledge. + Article 194 If it is a single voting action, the president of that biuro, immediately after the end of the vote and the training of the minutes, proclaims the result of the vote. If there are several sections of voting, the results of each section shall be transmitted in the evening to the central section, which shall total and proclaim the definitive result without interrupting the works. In this case, the presidents of the polling stations shall only find the number of votes met by each list, as well as the number of votes cancelled, and the assignment of the mandates shall be made to the president of the + Article 195 The expenses for printing the ballots are borne by the candidates. The amount is determined by the president of the central electoral biuro for the county and the communes where there are several sections and the respective detour judge for the others will display and publish immediately after the issuance of the voter convocation ordinance. With the proposal of applications will also be submitted the amounts needed to print the ballots. In case these amounts are not deposited, the proposals shall be counted void. The other expenses are borne by the respective commune for the communal and county elections for the county elections. + Article 196 In the first ordinary session of the 4th year of the election they are drawn in public sitting, by the mayor in the communal councils and by the president in the county councils, one third of the number of councillors, in the place of which the nines must be made elections, before the start of the 5th year. If the number of members who compose the communal council cannot be divided by three, the third will be calculated at the highest close number divisible by three. In the case when on this date they are on board holidays that could not be completed with alternates, those holidays enter the number of places of renewal. The places of alternate councillors who would find themselves vacant at that time are also completed in the preening elections. + Article 197 The compliments and the preinoire choices are carried out in the same way as the ordinary ones. You can reelect the counselors. + Article 198 The files of the elections of rural and urban communes shall be submitted no later than 24 hours to the prefect, and those of the municipalities and counties of the Minister of Interior. + Article 199 In all the time the election operation lasts and until the vote result is proclaimed, voters, candidates and delegates can make appeals only written to the president of the biuron, voting operations as well as formalities relating to the convocation of electors and other provisions in relation to elections. After the proclamation of the result of the election, the delegates, candidates or a number of 20 voters have the right to address the prefect of appeals on the election in rural and urban communes and the interior minister on elections in municipalities and counties. These appeals will be addressed within the 10-day period from the proclamation of the result. + Article 200 The Minister of Interior rules on appeals of his jurisdiction, with the opinion of the superior administrative council. The Prefect shall rule on appeals of his jurisdiction, with the opinion of the permanent county delegation. The decision is displayed at the prefecture and the commune hall. Objectors can submit memoirs and be heard before the decision on the appeal is rendered. The authorities notified by the appeals can order any investigations and investigations. However, they are obliged to rule within 10 days from the receipt of the appeal. The decisions of the Minister of Interior are final and are communicated to the respective municipalities and prefectures for the county councils, publishing at the same time in the Official Gazette. In contrast to the prefect's decisions, the candidates, delegates or objectors have the right of appeal to the Ministry of Interior within 10 days from the display at the respective commune hall. The minister is definitively pronounced in the term and with the above mentioned forms. + Article 201 All acts of any nature regarding registration in electoral lists, elections or appeals, are exempt from stamps. + Article 202 The penalties in the electoral law for the Legislative Bodies and the provisions made by that law to ensure the secrecy of the vote, prevent and punish electoral fraud are also applicable to administrative elections. + Chapter II Validity of deliberations of communal and county councils and permanent delegations + Article 203 The deliberations of the communal and county councils are enforceable by themselves, except those for which the law requires the approval of a higher authority. The enforceable deliberations, even if they were not suspended or annulled by the competent authority, can only be put into the work after the 10-day deadline of their date. When the respective councils by their submissions, taken by a two-thirds majority, find that local interests would be jeopardised by any delay, enforceable deliberations can be put into the work and before 10 days. The conclusion of the permanent delegations regarding the daily management acts shall be immediately enforceable. + Article 204 A copy of the minutes that finds the deliberations of the communal and county councils will be sent, within 48 hours from their date, to the Minister of Interior when emanating from the counties and the municipalities and the prefect when emanating from the other communes. + Article 205 The communal and county councillors are stopped: a) To take part in the deliberation of matters in which they and their relatives or allies up to the fourth degree including have a direct or personal interest; ... b) To perform any service or function repaid by the commune for the communal, county councillors for county councillors; ... c) To intervene as a lawyer or in charge of business in processes started against the commune, if he is a communal councillor, or of the county, if he is a county councillor; ... d) To take part with deliberative vote on the examination of the accounts of any public administration (commune, county or administrative dependencies of them) from which they would do or would have been a party, as well as to the research of any act of its administration. ... However, they can be called to give explanations, if the council reckons necessary. + Article 206 They are null and void the ends of the communal and county councils and of the permanent delegations: a) On foreign objects of their downfall, or taken apart from their legal assemblies; ... b) Contrary to public administration laws and regulations; ... c) Those that would have directly or indirectly approved any enterprise, furnace or concession to one of the members of the council; ... d) As well as those that are contrary to the order and safety of the State. ... Nullity of law can be required and pronounced at any age. + Article 207 The deliberations taken against the provisions of art. 205. + Article 208 Nullity of entitlement and cancellation shall be pronounced, or ex officio, or after the request of the a) By the prefect, when it concerns the terminations of the communal councils outside the municipalities; ... b) By the Minister of the Interior when it concerns the counties and municipalities. ... The prefects must take the opinion of the permanent delegation, the interior minister the opinion of the superior administrative council. The cancellation must be requested within 10 days from the communication of the deliberations of the prefecturei or the interior minister, or from the display and publication of the minutes of the meeting in the "Communal Gazette" or of the "County". The respective authorities shall rule within 30 days from the receipt of the request for cancellation or from the communication of the deliberation to the prefecture or ministry, when invoking ex officio. In contrast to the decisions of the prefect the interested parties have the right of appeal to the Minister of the Interior, who shall speak with the opinion of the superior administrative council, within 10 days from the receipt of This term can extend up to 80 days if for the resolution of the ministry call, you need new research. The cancellation procedure does not exclude the rights of third parties and the injured authorities to capitalize on their damages under the common law. + Article 209 All decisions of the communal and county councils will be made available to citizens or any authority, who would know them or take children after the dances. However, the council may decide that in the relative terminations of the litigious or even other affairs may be kept secret when the interests of the commune, of the county or of the State would be jeopardized by their publication. The control authorities and the members of the county and communal council have the right, at any time to become aware of all the documents and secret deliberations, in the chancellery of the city hall or + Article 210 The Prefect and the Minister of Interior have the right to suspend the execution of the deliberations of the county and communal councils, even when they are being executed, if they enter the cases of nullity. Cancellable deliberations, if executed before the expiry of the legal deadlines, may be suspended by the competent authority. + Article 211 Matters relating to the establishment of taxes, levies, taxes, transactions, sales of buildings in the private domain of the communes and counties, quenching of processes, loans, works concessions, railway services, trams or other means of public transport, undertakings, sewers, matters relating to associations of associations and companies, and to the matters contained in Title IV, cap. X, cannot be brought into the discussion of communal or county councils as urgent matters. They cannot be voted on until after two readings every 10 days and, after having been provided in the agenda and displayed 10 days before the meeting of the council. + Chapter III Goods and works + Article 212 The communal and county administrations will draw up an inventory including the entire furniture and real estate of the commune or the county. This inventory will always keep up to date with the changes that would intervene in the situation of the assets. He will be completed and supported on plans, decisions and other descriptive and estimative acts. The inventory will be kept in the archive, under the responsibility of the responsible official and the respective service, which will keep the heads of the management of the assets, contained in it, in the current. + Article 213 Upon the entry into service of a new board, he will be made aware of the contents of the inventory. The prefect, the mayor and the respective permanent delegations are obliged to personally ensure the existence and condition of the furniture and buildings listed in the inventory. + Article 214 The communal and county administrations will supervise almost the properties belonging to them, caring to make the necessary repairs on time to the buildings and not to leave unproductive different goods, stirring that they should be used according to their destination and to the greatest use of the commune or the county. The heads of the administrations will vigil not to produce usurpations or invaders and will take all necessary measures to preserve or acquire the rights regarding those properties. + Article 215 The sale, the lease, the rental will be made by the respective councils, by public auction and in accordance with the provisions of the special laws. The auctions up to the twentieth part of the annual ordinary income of the communes shall be approved by the communal permanent delegation from the twentieth to the tenth part shall be approved by the communal council, from the tenth part up shall be approved by the delegation. county permanent, and for the municipalities of the interior ministry with the opinion of the administrative superior council. The tenders for counties for the twentieth part of the county's annual ordinary income are approved by the county permanent delegation, from the twentieth to the tenth part by the county council and from the tenth part up by the ministry. internal to the opinion of the Administrative Board. + Article 216 Acts of provision regarding real estate and real estate rights, such as: free disposals, exchanges, mortgages, transactions and compromise, waivers and recognition of rights, delimitation and division of buildings into devaluation, purchases, exchanges of destination of goods meant for public use, when their value is higher that the 20th part of ordinary annual revenues cannot be valid if they do not have the prefect's approval, with the opinion of the county permanent delegation for the communes outside of the municipalities, or of the interior ministry with the opinion of the superior administrative council, for counties and municipalities. Communal isates cannot be alienated, encumbered, changed, nor can they be given any destination other than with the approval of the ministry of agriculture. + Article 217 Transactions and trade-offs relative to securities, as well as waivers and recognitions of such rights, when their value exceeds the 10th part of the respective budget's annual ordinary income, must, in order to be valid, be valid. have the approvals required by the previous article. + Article 218 The gifts and legates of moving and unmoving fortunes and made to communes and counties are accepted by the respective councils with the opinion of the contentious, and for rural and urban communes that do not have an organized contencios, with the opinion the contentious service of the county or, if it is also missing, with the opinion of the local State's representative. Acceptance shall always be made under the benefit of the inventory, when the donations or the legates include conditions or tasks, or when there are complaints from persons who claim rights, of any nature, in these gifts or related. + Article 219 The disposals of small portions of non-visible land that are to be made to the neighboring owners for the alignment of streets, markets or roads, or resulting from the expropriations that are made on the occasion of the opening of nine streets, markets or roads, can be sold without tendering, only on the basis of prices and conditions set by the communal or county councils and the definitive approval plans, whatever their value, without any other superior approval. If the neighbouring owner does not agree on the price and conditions, he is entitled to demand their fixation through justice, and if he refuses to buy the land, the communal administration can ask for the expropriation of the entire property or sell to another persons the land in question, and if the land is found in the county, in case of refusal of the owner marginas de a'l buy, it can be sold to any other person with the forms provided by art. 215. + Article 220 All communal and county enterprises of an economic nature, as well as public services that have this character will be exploited or directed by public subscription according to the law, for marketing or by concession made with public auction. In these latter cases, when the value of the service, work or enterprise exceeds one-fourth of the ordinary income of the respective ticket, the conclusion of the council must have the approval of the prefect with the opinion of the county delegation for the communes outside the municipalities, and the Minister of the Interior, with the opinion of the superior administrative council, for the municipalities and counties. + Article 221 All works, supplies and supplies must be done according to the law of public accounting. The permanent delegation designates two of its members, who together with the head of the respective service will make the reception. Copy of this assignment will be joined at the minutes of the reception. + Article 222 The council of the commune or the county will establish by a regulation the way and conditions under which the use will be made or the use of the goods belonging to them or the inhabitants in common, as: springs, pasture places, waters, forests, places of fairgrounds, fairs, etc. + Article 223 Each county seat commune and each county, within two years of the entry into operation of the first councils elected on the basis of the present law, will draw up a general program of works that they propose to execute in the course of eight years, showing also means to carry out this programme. One year before the expiry of this deadline, another program will be drawn up, on the same course of eight years and so it will follow on. The program of the works, which will contain the general indications, will not be able to be put into the work before the opinion of the higher administrative council is taken, which will be able to bring technical adjustments and improvements. The superior administrative council will investigate the seriousness of the means proposed for the implementation of the program, giving directions and guidance. On the program of works prepared by the urban rural communes non-essences will be pronounced, in the same conditions the technical service of the county and the county permanent delegation. The preparation and control of the county program on roads will be done in accordance with the law of roads. + Article 224 No change will be made to a program during the enforcement period except for the case of force majeure well found, with the vote of two thirds of the communal or county councils and with the approval of the control authorities, provided for in the article Precedent. + Article 225 All the proects and devises of the works approved by the communal or county councils shall be drawn up and executed, or through the local technical services or by competition, by the specialists in the country if they are of particular importance. For the communes that do not have a technical service these works are drawn up by the county technical service, in exchange for the payment to decide with the approval of the permanent county delegation. + Article 226 The execution of the works established on the basis of estimates and proects remaining final will be given in the enterprise by bidding or good agreement, according to the norms established by the public accounting law. + Chapter IV Local Finance SECTION I Budget + Article 227 The finances of communes and counties are administered according to the provisions of the public accounting law. + Article 228 All income and expenses of communes and counties, as well as of settlements and institutions dependent on dances, are established, for each financial year through the respective budgets, voted and approved in the forms provided by this law. The financial year is 12 months. He begins on 1 January and ends at 31 Decemvrie. + Article 229 The draft budget will be made available to citizens 10 days before polling. They will have the right to make the written welcome what they would see fit, addressing the mayor, who will submit them to the council with the vote on the budget. Budgets shall be voted on each year at least one month before 1 January. + Article 230 Income is ordinary and extraordinary. + Article 231 The ordinary income shall be composed of all proceeds, except: a) Extraordinary contributions established by laws; ... b) Price of estranged goods; ... c) Difts and related; ... d) The value of the capital recorded or lent; ... e) Income from arenzi, taxes and fines, according to the law on sale of spirits; ... f) Exhibits of ordinary income; ... g) Sume possibly available, after the complete execution of the works for which a loan was contracted. ... h) Fee and income of grazing on springs; ... i) Reserve of the communal fund; ... j) Any other incidental income. ... + Article 232 Spending is ordinary and extraordinary. + Article 233 The ordinary expenses are those that ensure the walking of the usual services of the commune. Extraordinary expenses are those chance or timporare, which cover with extraordinary incomes, which can only be used for works give the endowment of communes and counties. + Article 234 Ordinary spending is divided into compulsory and optional, Mandatory expenses are: a) Those for the payment of administrative, cultural, church and technical personnel, police or any other services given by the present law or special laws in charge of the commune or county; ... b) Those for the maintenance, repair or construction of premises necessary for the administration, school, sanitary and church buildings, rents of various buildings occupied by communal services, as well as those necessary for construction and the maintenance of the communication routes and their annexes; ... c) Anuities of the contracted loans; ... d) Maintenance of the service and procurement of civil status registers in communes; ... e) Payment of contributions for income-producing properties; ... f) Expenses for administrative elections provided by law; ... g) Maintenance of hospices for sick, infirm, alienated, children found, orphans of rasboi, in the conditions of the law; ... h) Maintenance of cemeteries at communes ... i) Those for lighting, bringing water and drawing up systematization plans; ... j) Payment of chargeable debts; ... k) Insurance of buildings and furniture of communes and counties. ... At least one third of the surplus of each exercise, as well as of the income increases of one year in another, will be revealed for economic, cultural, sanitary and public works purposes. The part attributed to the economic goals will be agreed with the local chambers of agriculture, industry, trade and work. + Article 235 Apart from compulsory expenditure, no other expenditure or increase will be able to be entered ex officio by the control authority over the figures voted by the respective councils. + Article 236 The revenue assessment will be done according to the public accounting law. + Article 237 In each budget, a special article will be provided for an amount intended for the opening of additional and extraordinary appropriations, in case the appropriations opened by the budget would not end up covering the expenditure provided for in the budget or when the course of the exercise that could not be foreseen in the formation of the budget and could not be postponed to the following year. + Article 238 All income and expenses must also appear in the annual accounts, which will end and control as shown below. + Article 239 No displacement of spending will be possible from one article to another, without the consent of the council and with the fulfilment of the forms established by law. + Article 240 The budget closures, both in voting and on his modification, apart from credit openings, must be subject to the research of the higher administrative council for municipalities and counties and the county permanent delegation for the the other communes If the mandatory expenses were not provided, or the budget was not made up according to the law, the control authority will return it with the necessary observations, giving the advice and guidance that count towards a good household and asking for the same time the registration of mandatory expenses. If the commune or county has not complied with this duty the higher authority will automatically enter into the budget the mandatory expenses. In contrast to the end of the county permanent delegations regarding the budgets of the respective mayors, they have the right of appeal to the Ministry of Interior, which will rule with the opinion of the administrative superior council + Article 241 Each communal or county budget will be divided into chapters, according to the nature of income and expenses. The annual income and expenditure of the communes and counties will be entered in a single budget by special chapters for the administration, for the communal source, for the health service, for education, for worship, for the technical service and the roads and unforeseen expenses. Incomes of the times that nature, which by laws, regulations, wills, donations or acts of foundations have a special destination, will be obligated for the purpose for which they were created. The interior ministry will draw up budget forms for communes and counties. + Article 242 When from different causes the budget would not have voted on time, it will follow with the budget of the previous year until the new budget is voted on. If the non-voting of the budget comes from the bad administration, negligence or refusal of the council to meet, those guilty of it will be liable for money, when it would result in any damage to the commune or county. The interior minister or his representatives are obliged to refer the matter to the courts, after having made investigations through their authorized bodies, if the heads of the communal or county administration did not take these measures in time. + Article 243 In all matters regarding the finances of communes and counties, which according to the law are subject to approval or research of a higher control authority, the Minister of Finance will be represented by the financial administrator at the county authorities and by its special delegate to its administrative council. SECTION II Communal and county incomes + Article 244 The communes and counties are authorized to cover expenses and local needs to charge fees, dues, direct and indirect import, as well as to claim benefits in kind, all within the limits, and according to the provisions of the the present law and the general laws of taxation of the State. + Article 245 The municipalities and counties may not use the faculty to charge taxes only if the income of the property and of those undertakings, those of the taxes and levies, would not be sufficient to cover the expenses. + Article 246 Fees may be charged for any public service whose maintenance cannot be made of the usual resources and only to the extent of the service provided. In the spa and climatic resorts the communes are in law, for the maintenance of their establishments, improvements and embellishments, to charge special taxes and from visitors. + Article 247 The contributions are fees for the maintenance or creation of extraordinary ingoodies that, although they may serve the public interest, use in particular more to a certain category of citizens, or to a part, neighborhood, streets or region of the commune or county. These levies shall be levied only from those contributors who draw in particular from the service or improvement which is created or maintained with the product of those levies. The establishment of contributions, their distribution among taxpayers, the time they will remain in force will be determined after a prior consultation of those interested, through the care of the respective authorities. The distribution of the contributions will be made, as far as possible in proportion to the benefits it has from the improvement executed. Once approved by most of those interested, the dues become mandatory for all, and enroll in the roles of perception. + Article 248 Direct and indirect taxes can only be charged under the general taxation laws voted by the Legislative Bodies. Under no grounds can be added to the taxable materials and income imposed by the State other taxes, quotas or additional tenths than under these laws. However, they can reduce the maximum rates set by law. + Article 249 The assessments made in the roles of the State for elementary taxes also serve the communes and counties when imposing and perceiving the direct contributions attributed to them. + Article 250 The communes and counties cannot set up charges of axies, barriers, skinning and the like. Indirect taxes or taxes on the consumption of articles of first necessity and on their circulation cannot be created. + Article 251 The communes and counties may not grant any exemptions from direct or indirect taxes other than those provided for in these taxes to the State. + Article 252 The administration of the commercial and industrial enterprises of the communes and counties will thus be made to cover the operating expenses, as well as the depreciation of the committed capital. + Article 253 The communal and county communication paths with their accessories, given by the road law in charge of communes and counties, will be created and maintained from the funds and general revenues of the communes and counties, as well as from the special states provided in the road law + Article 254 Benefits in kind can be required of taxpayers for the performance of certain services, exceptional or urgent, as: floods, fires, snowfalls, etc. that could not otherwise be fulfilled, on the basis of the terminations that will be taken by the respective councils, with a majority of 2/3 of the councillors present. When such a contribution was determined, those who from different well-found causes could not give it, will be held to pay with a money giving, before established by the decision of the council. + Article 255 The finding of imposing and levying direct taxes, as well as other taxes that use at the same time the State, the county and the communes, will be done by their collaboration. A regulation, agreed with the Ministry of Finance will determine the modalities. + Article 256 The deliberations of the county and communal councils, regarding settlements and levies of taxes, levies or taxes of any nature, before their implementation, will be displayed, at the respective town halls and at the county prefecture for ten days. so that taxpayers can become aware of them and make the complaints that they believe necessary. Those councils will look into the complaints and rule on them. The conclusion of the councils will be brought in any case to the attention of the Ministry of Interior, when it emanates from counties and municipalities, and the prefect, when it emanates from the other communes, whether the complaints were received or not. The Ministry of Interior, with the opinion of the superior administrative council, or the prefect with the opinion of the county delegation, decides definitively, being also heard the delegate of the Ministry of Finance from these councils SECTION III Loans + Article 257 The deliberations of the communal and county councils on loans will not be valid, unless they are taken in the cases and with the following formalities: a) The loan is intended for extraordinary use and in no case for payment or bonuses of leftovers, pardons, gradations or rewards; ... b) The loan is intended for improvement, in the order established by the earlier working hours; ... c) With the loan to be provided and the means for the payment of percentages and amortizations. Loans shall be considered to be subject to the same formalities and works or concession contracts, the payment of which shall be stipulated in annuities, with or without percentages; ... d) The interests and annuities of all loans contracted should not reach the budgetary allocation necessary for the functioning of compulsory services. ... + Article 258 Communes and counties may contract loans at the House of County and Communal Credit, as well as any other public or private institution. They can be authorized by special law to issue and bond. + Article 259 Communes and counties can also take out loans to convert old debts. + Article 260 The decisions of the communal and county councils, taken with the respect of the provisions of the previous articles, will be sent to the Ministry of Interior, if they concern the municipalities and the counties and the prefect, if they are regarding the other communes. The interior minister takes the opinion of the superior administrative council, and the prefect takes the opinion of the county permanent delegation and if he finds that the required forms have not been fulfilled or that the annuities cannot cover with ordinary income in the proportions provided by the law, or that the revenues again created for this purpose do not have the real basis, or are exaggerated assessed, return them to the respective council, which is held to comply with the provisions taken by the superior control authority. The loans of the communes, urban and counties that exceed the fifth part of the ordinary income will be made with the approval of the council of ministers, based on the common reference of the ministers of interior and finance. For the other communes the approval of such loans will be given by the Minister of the Interior, in agreement with the finance minister. SECTION IV Conclusion, research and approval of accounts + Article 261 The conclusion, research and approval of the accounts will be done in accordance with the law on public accounting. + Article 262 The amounts that by final decisions will be charged to those who have unjustifiably spent them and above the foresight of the laws, will be pursued and incassated on the basis of the tracking law. Tax agents who negligently or from any other unforeseen reasons in the law will not be conformed to the above obligations, will be banished and punished for refusal of service. The commune and the county, through their representatives, or, in case of their refusal, the superior control authority, will be able to sit the courts to give themselves the sanctions against the guilty. + Article 263 The rules established for the accounting of the commune and the county are also applicable to the management and administration of all settlements or founders of any kind, which are placed under the control or vigil of the commune or county. + Chapter V Regulations + Article 264 The communal and county councils will draw up regulations that will provide for measures and sanctions relative to the administration of local interests. + Article 265 Through the communal regulations of edility, measures are prescribed for: The determination of the commune's hearth, looking for it to be reserved as far as possible, in the old ages and determine in what will be fixed in the future places for the communal house, for schools of different degrees, for children's gardens, libraries, churches, and in Genders for all kinds of public buildings. Alignment of streets and markets; Closures and openings of streets, roads, markets, their appointments as well as house numbering, the alignment of buildings and the establishment of building rules; Determination of servitude for the purpose of igena and aesthetics; The embellishment and systematization of the commune and for any other works would find necessary + Article 266 By regulations of igena and public sanitation measures will be taken to: Sale of foodstuffs of public supply; Regarding the slaughterhouses and markets of the commune and for the execution of measures regarding establishments, professions and unsanitary enterprises; Removing the causes of infection; Hygiene of housing, cleaning and cultivation of virane places; Establishment and good maintenance of latrines and places where garbage and sides are deposited; The police of the funeral and the cemeteries; Maintenance of the cleaning of the wells, wells and waters to which the population is served or from which the cattle are added; Stopping the stretch of infectious-contagious boals. + Article 267 The regulations drawn up by the communal and county councils will determine the conditions regarding the supply of the population with articles and services of first necessity. + Article 268 The regulations on communal incomes can be set up fees for: a) Timporara use of goods in the public domain of the commune as: markets, sidewalks, gardens, fairgrounds, fairs of any kind, places of pasture; ... b) The exceptional and repeated use of roads, streets, boulevards, if all these are paved, with trucks-cars, with burden wagons and with any vehicles, which are either because of their own weight or because of the burden carrying or Their hellness, they bring a manifest injury to these roads; ... c) Different services that the commune would organize in its own interest of the inhabitants, such as: the service of water and canals, the cleaning of latrines, the lifting of garbage and sides, the maturation and sprinkling of sidewalks, the snow lifting, the control of the sale food, the weighing of goods, the quotation of vessels and the slum, the cleaning of baskets, the display, the means of transport, etc. ... + Article 269 By means of municipal police regulations, measures are taken in particular for: Control of the sale of food and other articles of first necessity, being able to provide for the immediate punishment and confiscation of food and articles of first necessity. Ensuring and facilitating the movement on the streets, roads, markets, chieis and other public places; Ensuring public morality; Providing means of transport within the commune and fixing the rates of racing in the city with any vehicles; Fixing the rates of hotels, family guesthouses and other public places, being able, in order to remove the speculum, to provide for penalties against both entrepreneurs and their preppers; Ripening and common lighting and tearing down or repairing buildings that threaten to fall, stop, put on windows or other parts of buildings objects that by falling them would bring harm to bystanders or neighbors, or prevent the sight or good appearance of the streets, the stop to make and file the dirt in the streets or maidane, as well as not to throw themselves into the street liquids, garbage and harmful objects to the movement or public health; Transporting the bodies, maintaining good order and living in cemeteries; Fire prevention, extinction, flood defences and others; The stitching of evil animals, insects and birds that do damage to the sadists and crops; Guarding the peasants, the halls, the vineyards, the cheekbones, the meadows, the springs and the sadiings; Use of the waters of the commune; Fairs and fairgrounds, celebrations and others; Preventing accidents, resulting from the removal of the earth, sand and gravel from the pits; Leftling crops to prevent their harvesting before adulthood, and finally, Intabulation of cattle, securing their property and determining the conditions of estrangement. + Article 270 The heads of technical, sanitary, veterinary services, etc. are obliged to investigate the regulations that concern measures of their specialty, make the observations that will be necessary and submit them to the local authorities, who are obliged to send them To the Ministry of Interior to consider their approval. The regulations, thus drawn up, after being voted on by the council, before being implemented, will be submitted to the Ministry of the Interior, which subjects them to the research of the higher administrative council. Following the given opinion, if the minister finds that the regulation is in everything or in part contrary to the laws and regulations of public administration, he returns it to the communal or county council to modify it, taking into account the observations made. When the regulations concern measures of general health, they will be sent by the administrative higher council to be examined by the Ministry of Public Health. The regulations voted and approved by the control authority, as shown above, do not become enforceable until 10 days after they were brought to public knowledge, in rural communes, by reading them in the town hall, in the hearing of the commune's obstei called for this, and by displaying at the town hall, and in the urban communes by publishing in the "County Gazette" or "Commune" and by displaying at the communal House. The proof of fulfilment of these formalities is by conclusion, by the minutes, signed by the mayor and the secretary of the commune. + Article 271 By regulations, penalties will be provided, if they are not determined by special laws. These punishments will not be able to pass over 500 lei in rural and urban communes non-essential and over 5,000 lei in urban residences. In case of relapse, the police prison will also be provided for up to 15 days and in serious cases even the closure of unsanitary homes and trade places. + Article 272 The contraventions will be judged by the detour judge, both in terms of the application of the sentence, and in terms of and fixing the expenses that fall to the offenders and the compensation to which the commune or county has right, whatever their value. Both the courts and the courts in case of appeal must rule urgently. The appeal suspends enforcement, only when with the making of the appellant it will justify that he recorded the fine, the expenses and compensation granted or when they will prove their state of poverty with an act of paupertate, according to the law. Fines, expenses and compensation will be collected according to the tracking law. In case of insolvency, the fine will be turned into prison, according to criminal laws, without it being able to be more than a month. The regulations, however, can provide that, for certain contraventions, competent agents may not only find the deviation, but also apply on the date a punishment that cannot exceed 100 lei fine in rural communes and 1,000 lei in urban communes. Competent agents are understood in rural communes the prefect, pretor, doctors and engineers of the county, and in the urban communes the mayor, members of the communal permanent delegation, the doctors and architects of the commune, as well as the police chiefs. When the offender is insolvent or with the unknown domicile, he will be immediately submitted to the detour judge along with the minutes of finding the crime. If the minutes are approved, the judge will turn the fine into prison, counting a maximum of 10 days imprisonment. The prison is executed in rural communes at the arrest of the gendarme department, and in the urban communes in the police arrest. The judge's order that turns the fine into prison is final. In the case when the offender has paid the fine even to that agent, he has the right to appeal to the judge of detour of the place where the contravention was committed, in accordance with the law of the ocol courts, art. 52. + Chapter VI Dissolution of communal and county councils + Article 273 The communal and county councils can only be disolvated in the following three cases: a) When the number of members elected by universal suffrage was reduced from legal cases to less than half and could not be completed by alternate councillors: ... b) When the council, coming out of its attributions, made political decisions as constituted body, or did acts against the general interests or the order of State. ... The isolated or individual acts of the members of the councils, even having this character, do not attract the dissolution of the council c) When the council compromises in bad faith the interests of the administration entrusted to it. ... + Article 274 The dissolution is pronounced by royal decree based on the opinion of the administrative superior council and following the research done at the locality by an administrative inspector general for county councils and the councils of urban communes residences of county and of the municipalities. For the other communes the dissolution is pronounced by the prefect on the basis of the opinion of the county permanent delegation, following a prior research. In the case provided for by paragraph b, art. 273, the interior minister for the county and the municipalities and the prefect for the other communes, however, reporting immediately to the interior minister, can take measures that the respective councils will no longer meet until the dissolution is decided. In this case, however, the competent authority is obliged to rule on the dissolution no later than 10 days from the date on which the facts which caused the suspension were communicated to it. In charge of the decision to dissolve the prefect those interested have the right of appeal to the Ministry of Interior, which will rule with the opinion of the administrative superior council. + Article 275 The authority called to rule on the dissolution, is obliged to listen, before the decision is taken, the representatives of the council whose dissolution is required. Mention will be made of it in the dissolution decision. Those interested, if they do not present themselves personally, can send the supporting memoirs. The fact that the members of the council, whose dissolution is required, do not appear at the call nor present memoirs in defence, cannot hold the procedure for dissolution that follows its course on the spot. + Article 276 The decrees and the dissolution decisions, as well as the accompanying reports, shall be published in the respective official journals. The dissolution acts will also show the date of convening of voters for the new elections, as well as the appointment of interim commissions that will administer the communal and county interests until the election and constitution of the councils. + Article 277 In all cases of dissolution the legal advisers will continue their mandate until expiration, in the future council, if they are not guilty of the acts that motivated the dissolution. + Article 278 Interim commissions shall be composed of alternates. If the alternates are absent, the commissions will be made up of the leading voters, preferably those who have had administrative duties. Among them can be specialized officials of the State, who reside in the locality. The number of members of the interim commissions will be at least three and at most eleven, as will be reckoned by the authority that appoints them that it is in the interest of the local government. + Article 279 Interim commissions will only be able to deal with current affairs. Under no circumstances will they have the right to decide on the budget of the reckoning, nor to rule on the transactions of estrangements or matters provided for in Chapter X, Title IV. + Article 280 In case of disolation for the reasons provided by art. 273, para. b and c, the interior minister and his representatives have the right to notify the prosecutor's offices to take measures against the councillors who would find themselves guilty. + Chapter VII Liabilities + Article 281 Mayors, presidents of interim commissions, prefects and members of the communal and county permanent delegation and members of the communal and county councils are liable to be banked to the commune or county of all damages caused to them by administration of bad faith; they will still be liable, and when they have contracted works without certain funds allocated, or will be made loans for purposes other than those determined by law, or will be given to other loans destination than that established by the competent authority. + Article 282 County and communal officials respond civilly to counties and communes, as well as to the injured individuals in their rights, according to the provisions of art. 28 of the Staff Regulations. + Article 283 The compensation actions provided by art. 281 will be introduced before the ordinary courts and will be judged by the competence of the common law. They may be exercised apart from the criminal action or disciplinary action that would apply. + Article 284 In all cases, when the law provides for an action for compensation for the benefit of the commune, county or criminal action for deviations or abuses committed, if the commune and the county neglect or refuse to refer the matter to the competent courts, the control authority is in the right to do it in their place. These actions shall be prescribed after three years of the injury. + Article 285 Apart from the responsibilities established by the preceding articles, those injured in their rights, either by an administrative act of authority or by an act of management made with the ironing of laws and regulations, or by the ill will of the authorities the administrative authority to open the application for a right, may refer to the courts for the recognition of the rights and to obtain the damages caused to them, after the special procedure provided for in the law of administrative litigation. + Article 286 The communes are bandeful of damages and damages resulting from crimes or crimes committed by violence on their territory, by cete or armed or non-armed gatherings, either on persons or on public properties or on public property. private. If the cities or assemblies were made up of the inhabitants of several communes, each of these communes are responsible for the damage or damage caused in the proportion will be fixed by the judiciary. The communes cannot be made liable: a) If they prove that they have taken all the measures complained about by the solidarity duties that are in their power, in order to prevent disorders and discover the author; ... b) If the damage and damage are the resultant of acts of rasboi. ... + Article 287 Actions for compensation must be filed before the court, according to the common law. + Article 288 Damages to the payment of which the commune would be definitively obliged, according to art. 286, will be distributed by the Ministry of Interior through a special role on all inhabitants having their residence in fact in the commune, in proportion to the direct states that pay. The special role will be drawn up by the mayors, with the communal delegation, together with the secretary or the collector-collector of the commune, given the roles of contributions, no later than one month from the communication of the final decision. He will be deposited at the chancellery of the town hall, and the submission will be brought to general attention by publications displayed in the commune. Those dissatisfied can make appeals within 10 days from the display of publications. Appeals shall be adjudicated by the communal council, convened extraordinarily not later than ten days after the expiry of the term of appeal; Against the decisions of the council, it can be appealed to the administrative higher council, within 10 days from the display of decisions at the town hall. The Council may amend the role, without however reducing the overall amount of payment. The remaining role is executed by the perceptor based on the tracking law. Fulfillment will be done with the other direct and the same forms. + Article 289 The commune, as well as the interested inhabitants, individually or all together, considered as obste, will be able to exercise the appeal against the authors and accomplices of the disorder and damage. + Chapter VIII Conciliation and Arbitration + Article 290 No action will be able to be filed by a commune or county, against another county or joint or against the State, nor by it against the communes or counties, before the misunderstanding has been subject to administrative courts. conciliation, namely: the county permanent delegation for disputes between the rural communes or between them and the non-essential urban ones of the same county and the administrative superior council for disputes between all other units administrative as well as between them and the State. The county permanent delegation shall be completed as the conciliation court with a judge drawn from among the magistrates of the local court, and the administrative council judges in its panel, also completed with the delegate of the Court of Cassation; + Article 291 The conciliation courts are in the right of asking to be presented with all the documents and documents that the parties support their claims. Representatives of the State, counties and communes are obliged, under criminal penalty of refusal of service, to execute these orders within the prescribed period. They will also give verbal explanations and submit written memoirs or conclusions in which they will expose their rights. + Article 292 As soon as a misunderstanding of the nature arose between the above mentioned administrative units, regarding the patrimonial rights, their representatives are indebted to the seat of the conciliation court, which will decide a term no further. days after receipt of the request, within which the court seised will call the parties. By calling it will be required that before fixing the deadline to present all the documents, documents and memoirs on which the claims are supported. That court, after researching the acts and hearing the legal representatives of the parties, will deliberate on the issues deducted and will try by all means to establish the agreement. + Article 293 The conciliation courts have the right to listen to informants, to investigate the situation in fact at the locality and to take any information through a delegated member or in their panel. But I can't take the oath. If, as a result of the advice, the parties have agreed to extinguish the dispute, the respective courts of conciliation shall record and observe in a record the agreed settlement. This act forms a title for the findings contained in it and cannot be brought down, in respect of the colour veracity found, by no other counter evidence than only by enrolling in forgery. If after all the given advice could not be reached at a conciliation, the respective court is deseated and the commune, the county or the State that addresses the judiciary to capitalize on their claims. + Article 294 The conciliation courts are competent to examine the disputes in their panel and to give definitive solutions, in the case when the communes, the county or the State have agreed on a compromise, drawn up in accordance with the civil procedure, to submit to arbitration obligatory of these courts. + Article 295 No judicial court will act on an action brought by the State, counties or communes, some against others, until they have no proof that these administrative units have previously passed before the conciliation courts. To resolve pending actions now at the promulgation of this law before justice between the State, the communes and the county, the respective courts will fulfill in the council chamber the falls of the administrative, conciliation courts and only if I do not understand between them a deal will follow the pending trials. + Chapter IX Association of communes and counties + Article 296 The communes and counties may be associated with each other or with the State for good determined purpose, to execute, create, or maintain works and institutions, which are of local or regional use, from a health, economic, cultural or other point of view. public works. No association can be constituted for a main purpose of trade nor for acts, creation or exploitation of services or institutions that would not enter into the attributions and competence of communes and counties according to the laws. Communes and counties, however, can be associated with individuals for the marketing of economic enterprises, according to the special law on the marketing of state goods. + Article 297 An association will not be able to take legal being, except only on the basis of the authorization that can be given to it and raises the competent authority after the next procedure. + Article 298 The communes and counties that want to form an association decide this through the ends of the respective councils. These terminations will have to show precisely the purpose, duration, financial means that are envisaged for the realization of the object of the association, the contribution of each member of the association, the mode of administration and liquidation, the headquarters that are fixed the association as well as the status proect. At the same time the councils choose from their breast by secret ballot no more than two members, who together with the mayor or presidents of the county council, as is the case will constitute the general assembly of the association. The General Assembly chooses the board of directors and votes on the The statute also establishes the number of members on the board of directors. + Article 299 The conclusion of the general meetings is sent to the prefect of the county when they concern a association formed between the communes of the county and the Ministry of Interior when they concern the other associations. The Prefect decides on the authorization, on the basis of the opinion of the permanent county delegation and the Minister of Interior, on the basis of the opinion of the The Prefect and the Minister are obliged to rule within 30 days from the receipt of the terminations. If it has not been pronounced this term, the associations will be able to operate without any other authorization. + Article 300 Against the decision of the prefect the interested parties can appeal to the Ministry of Interior within 10 days from the decision; the minister decides on the appeal in the manner and within the deadline shown in the previous article. + Article 301 The decisions of authorization for the functioning of an association, as well as their approved statutes, shall be published in the Official Gazette, and from this date the association has a legal existence. + Article 302 The permanent county delegation and the senior administrative council are obliged to give the opinion to examine whether the associations that design pursue the purpose determined by law, if they do not reach the order or a general interest, if the means financial are well proven and if the votes of the communal and county councils are given the respect of legal forms. These authorities also have the right to decide definitively, when there are misunderstandings between the communes and the associated counties. + Article 303 Immediately after obtaining the authorization, the council of the association shall convene the Minister of the Interior or the Prefect, as is the case, at the respective headquarters, in order to be constituted, choosing a president and vice-president. + Article 304 The association council votes the budget and concludes at the end of each year the profit and loss balance. Both the balance and the budget, to become enforceable, will have to be approved by the higher authority. It will be done in the same way and for any subsequent changes it would be necessary to make itself in the budget or on the balance sheet. The communes and the associated counties shall always be entitled to the approval of the balance sheet and the budget to submit in writing to the competent authority the observations to be made on these acts. The Minister and the Prefect, as is the case, decide on the approval, based on the opinion of the administrative superior council or the permanent county delegation. + Article 305 The specialized officials of the communes and counties or the local state can be called and listened to and will give advice and guidance to the association in all matters of their competence. In this case they will be repaid from the funds of the association; the association has the right to appeal to the knowledge and services of any other specialists. + Article 306 The interior minister or a delegate of his, as well as the prefect and the pretor, are in law to attend the meetings of the association council. They can make proposals and observations, which will be recorded in the minutes of the meeting, but they cannot take part in the vote. + Article 307 The board of directors of the association cannot be constituted for a longer term than the councils of the communes or associated counties are also elected. Administrators whose term of office shall expire until the new board is set up. + Article 308 The councils of the communes and associated counties can withdraw by voting two thirds of the mandates of those who have delegated to represent them in the general meetings of the association. + Article 309 The associate administrators shall be responsible for sound management and management in accordance with the accounting law. They are dispensed with warranty. + Article 310 The control authority as well as financial administrators and financial inspectors can always control the operations and management of the association; they are obliged to report to the Minister of the Interior or the Prefect, as well as to the communal councils and county that constitute the association, the result of the findings for. But they will not be able to take any action from their own initiative. + Article 311 The association constituted according to the above provisions is the legal person. It can receive donations, related and subsidies, may contract loans and make public utility expropriations in its name for fulfilling the purpose that it pursues. Proposals for expropriations and loans must be authorized by the Minister of Interior, based on the opinion of the administrative superior council. + Article 312 Associations are exempt from dari by the same rules and under the same conditions as communes and counties. + Article 313 The dissolution of an association or its liquidation before the expiry of the period for which it was formed, can only take place with the consent of all members who compose it and with the approval of the higher control authority, according to the rules established Article 299. + Article 314 When the board of an association has made acts that come out of its falls, or that compromise the interests of the association, or when these acts are contrary to laws, statutes, or are likely to jeopardize the order and safety of the State, he can dissolve by royal decree after the proposal of the interior ministry and on the basis of the opinion of the administrative superior council The acts made in these conditions declare themselves null and void. Until the dissolution the interior ministry can stop the execution of those acts and decisions, but reporting in 24 hours to the council of ministers, which can maintain or raise the measure when it concerns the associations between counties or communes in different counties. In the case of the other associations, the prefect is entitled to take this measure of suspension, but reporting to the interior minister at the same term. + Article 315 In case of liquidation of an association, the communes and counties resume the facilities and establishments located on their territory, with the obligation to pay the difference in money, if their value exceeds the value of the contribution brought in the association or the rights They're spoken to. If in the statutes there are no specific modalities for this operation and for other measures to be taken in the event of liquidation, the provisions of the Trade Code shall apply. + Chapter X Territorial changes to communes and counties, changes of residences, constitutions and transformations of communes + Article 316 Applications regarding all changes provided for in this chapter will not be taken in research by the competent authorities until only after they have been brought to public knowledge by display at the county prefecture and in the respective localities, and in rural and church communes and announced, through public shouts. The displays and publications will make it known to those interested that they can direct the meeting regarding the required changes, either at the prefecture or at the commune hall, until 33 days from the date of display. The fulfillment of these formalities will be the minutes of those in law. The mayors of the communes and the prefect of the county will submit to the authorities who have pronounced on these changes the welcome and observations that were received from those interested. + Article 317 For the establishment of a new commune, the county council, after receiving the request of the interested, has the making of a local research through a commission composed of: the prefect of the county, the financial administrator, the head of technical and sanitary services or the delegates, the respective pretor, and a member of the permanent delegation designated by lot. The commission will investigate: If the number of families who ask to meet again in order to establish the commune is enough to justify the new settlement, if the incomes that have the commune can ensure the organization of services and support the tasks of the commune, if the locality is according to the chosen one from the health point of view, if the land is its own for the building, if it is not subjected to floods, surpari and if it is an indestulating stretch in order to relieve the commune. The commission will take to the locality any other information also consulting the respective communal councils. + Article 318 The splits and desolations of villages and communes shall be made with the same formalities as those for the establishment of a joint, and the opinion of the respective communal councils shall also be taken. + Article 319 The report of the commissions that will make the investigations determined by the above articles will be subject to the approval of the county council, which decides by two thirds of the members present. The conclusion of the county council to become valid and enforceable, must be approved by royal decree, following the proposal of the interior minister for constitutions of new communes and only by the decision of the interior minister, when it comes to Villages and desliptions of villages and communes. In all cases the opinion of the administrative higher council will be required + Article 320 The residence of a rural commune cannot change from one village to another, without the consent of the respective communal council and the approval of the county council, confirmed by the Ministry of Interior, with the opinion of the administrative superior council. + Article 321 The number of communes of a net, as well as his residence can only change after the request of the prefect or county council and with the approval of the interior minister, taking the opinion of the administrative superior council. The number and contents of the sectors of an urban commune can not change until after the request of the communal council, and the approval of the interior minister, with the opinion of the administrative superior council. + Article 322 The residence of a county can only change with the vote of the county council, taken by two-thirds of the members who compose it and with the approval of the legislative bodies. + Article 323 The name of a commune can only change with the vote of the communal council, approved by the Interior Ministry. This approval must be reinforced by royal decree for the urban communes. + Article 324 A rural commune can only turn into an urban commune with the vote of the respective council, approved by the county council and the administrative higher council and confirmed by the vote of the legislative bodies. + Article 325 Any interested has the right to meet at the Ministry of Interior within 10 days from the date of the end of the county council, regarding the changes provided in this chapter. The Minister of the Interior shall speak with the opinion of the Administrative Board, within 30 days from the expiry of the above period, on the conclusion of the county councils taken in this matter. + Article 326 The solders and desolations, as well as the constitutions of the common noui, and the transformations of rural communes in urban will not enter into force until the beginning of the financial year. + Article 327 The own wealth of a common commune with another commune becomes the property of the entire commune. An inventory of these fortunes will be drawn up. The inhabitants of the commune or village meet the property or use, exclusive of the common goods belonging to them. In case of desolation, the commune or village resumes the property in nature, or, in absentia, the equivalent in money that was due to it. In both cases, the amount of the respective debts and the conditions of payment shall be determined in the act of joining or dismissing + Article 328 In all cases of joint and village soldering or desolation, the communal councils of the respective communes shall dissolve and the local interests shall be administered, until the new interim commission elections. + Article 329 The misunderstandings between the communes regarding the determination of their perimeters and assets are resolved by the county permanent delegation, after having listened to the legal representatives of the communes and the interested parties, with the right of appeal to the Ministry of Internal, which will be pronounced on the basis of the opinion of the superior When these misunderstandings put the boundaries of the counties into dissension, they are resolved by the interior ministry with the opinion of the Higher Council. + Title V Central authority representatives, control bodies + Chapter I Prefect and prefecture council + Article 330 The prefect of the county is called by royal decree, Following the proposal of the interior minister. In order to be appointed prefect in addition to the other general conditions required of civil servants, the candidate must be 30 years old and possess the diploma of a higher school recognized by the State, except those who worked in this country. quality at least one year. + Article 331 The Prefect cannot occupy any other public office paid by the State, county or commune, nor exercise any free profession, nor be a party, as an administrator or censor on the boards of civil or commercial companies, cooperatives or popular banks from the county, unless the administrative superior council considers that such quality does not constitute a reason for incompatibility as it has no ties to the attributions of its function. + Article 332 When the place of prefect becomes vacant, the Minister of the Interior may task with the management of the prefecture until the appointment of the holder on the sub-prefect or an administrative inspector general. + Article 333 In addition to his capacity as representative of the power of the prefect plant is also the head of the county In this capacity he has control and supervision of all county and communal services. He watches and takes the necessary measures to execute the decisions of the county council and the permanent delegation. At the meetings of the county council the prefect assists in his doubts as representative of the central power and local interests. At the meetings of the council of municipalities the prefect assists as a representative of the central power, having the right to say his word whenever he believes that general interested, laws or order in the State could be achieved by the measures that would be taken. + Article 334 Together with the permanent delegation, the prefect appoints, submits, revokes and applies the disciplinary punishments to the officials of the county, according to the statute of the law + Article 335 The Prefect, together with the permanent delegation, prepares all the works that must be brought into the discussion of the county council. + Article 336 As a delegate of the central authority, the prefect represents in the county the entire government and the executive power and stays in touch with each Ministry for the matters dependent on the respective department. He is under the direct orders of the interior ministry. + Article 337 The Prefect exercises all the powers that are brought to him by laws and regulations. It cares for the publication of general and county laws and regulations, watches their application and all enforcement measures. + Article 338 Prefect is the police chief in the county. In this capacity it takes measures to prevent crimes and cares for the maintenance of public order and safety. He gives orders to all police and gendarmerie bodies, who are obliged to execute them immediately. He can move the public force in motion to happenings of rebellion, sedition, tumultuous attrupments, resisting the execution of laws, or legal ordinances or other unforeseen events that would threaten public order, the safety of persons and of properties. In this case he informs the Minister of the Interior and the War. The commanding officers, however, are held to immediately satisfy the prefect's written request, without waiting for further approvals. + Article 339 The Prefect has the right to personally train or compel the officers of the judicial police to train her necessary documents for the finding of crimes, crimes and contraventions and to submit to the judicial authorities their perpetrators. + Article 340 The prefect supervises all institutions of benefit and social assistance, whether they depend on the State, county or commune, or that they are particular settlements. He cannot take any direct action, but only signals to the authority or department on which the institution depends, the shortcomings or deviations found, also notifying the Minister of the Interior. If these institutions depend on the county, he can take all the measures that the law gives him. + Article 341 The Prefect, in case of floods, epidemics, epizots and the like, takes all measures complained about by the circumstances and intervenes for this purpose with the respective authorities. + Article 342 The Prefect, as a representative of the government in his county, has the right to report to the departments the observations that would have to do on the functioning of various public services. He can also indicate the improvement measures that he would advertise the smooth running of these services. + Article 343 The Prefect is obliged to convene in the conference at the residence of each plasi, at least 2 times a year, on: the financial administrator, the agricultural adviser, the doctor and the primary veterinarian of the county, the school reviewer, the heads of the church authorities of the county, the chief engineer of the county, the pretor and the mayors, notaries and other officials in that net, as well as the presidents of the banks of banks and production. In these conferences, the various issues of local interest will be discussed, the application of the laws will be clarified and the measures that are to be taken for good administrative, economic, sanitary and cultural states will be approved. + Article 344 The Prefect addresses at the end of each year to the Minister of Interior and publishes a thorough report on the general financial, economic, cultural and administrative state of the county and communes of his constituency. + Article 345 To meet those prescribed in art. 337, 338 and 340 of this law, the prefect has the right to give ordinances in the margins of general administration laws and regulations. The orders before they are executed will have to be communicated to the interior minister. The ordinances regarding sanitary, veterinary, public works, agricultural measures, etc. will be given after consulting the heads of the respective services and will be countersigned by them. + Article 346 The Minister can cancel the ordinances in their entirety or suppress from them the provisions of the contrary to the laws and regulations or interests above the State. The nullity of ordinances can be pronounced at any age. + Article 347 Ordinances do not become enforceable until after they have been brought to public knowledge by display, publication and shouts, when they contain general provisions, and by individual notifications made to interested, in the other cases. + Article 348 Contraventions to ordinances will be judged and punished according to the prescriptions of the respective laws and regulations. The sanctions prescribed in the ordinances will not exceed those provided by the respective law or regulation. + Article 349 The prefect will have one or two administrative officials at his disposal as determined by the interior minister, who will form the prefect's office. They will be appointed by the interior minister after the prefect's recommendation. Their duties will be determined by regulation. + Article 350 The prefect presents to the interior minister the resignation and leave requests. The replacement and revocation of the prefect is done by royal decree. Revocation takes place for gross misconduct in service; it must be motivated. The reference, asking for revocation will be published with the royal decree. + Article 351 In each county will operate a prefecture council composed of: prefect as president, mayor of the county seat commune, first prosecutor or prosecutor of the tribunal, mayor of the county, financial administrator, engineer, architect and the veterinarian, heads of the county, the school reviewer, the agricultural adviser, the highest-ranking forester in the county, the commander of the gendarme company, the representatives of the residence of the Ministries of Industry, Trade and Labor Members of the county permanent delegation are part of the law in this council. The inspectors general of the various departments can always take part in council meetings. The council convenes the prefect at the prefecture at least once a month and at any time he will think it is necessary. + Article 352 The tasks of the council are to harmonize the activity of the various administrative services in the county and to remove the difficulties that arise in the application of laws and provisions. For this purpose the heads of the respective services will communicate at each meeting about the course of the administration at their head. The Council endorses by common understanding the removal of disagreements and conflicts, and in the case of not having reached solutions, the prefect reports about all the interior minister and that one. + Chapter II Sub-prefect + Article 353 Each county prefecture will have a sub-prefect that is called by royal decree, after the proposal of the interior minister, based on the recommendation made by the prefect. To be appointed in this operation, the candidate, in addition to the other conditions required of civil servants, must be licensed in law, or diplomat of the special vocational training school and to have served at least 5 years as administrator of net or sub-prefect. At his appointment, the sub-prefect, is assimilated to the degree with the head of service class I. + Article 354 The sub-prefect helps the prefect in fulfilling his duties and replaces him in absentia. He is also a judicial police officer. The prefect can delegate them by decision part of his county attributions. + Chapter III Pretor and mesh + Article 355 The number of nets of each county-the communes that compose them, as well as the establishment of the communes of residence of the nets, which will not be able to be the capital of the county, will be fixed and modified by the decision of the Ministry of Interior- or the county interim commission and on the basis of the opinion of the administrative superior council. Each net will have at its head a pretor. + Article 356 The pretor is under the direct orders of the prefect. He is in the net of the central power agent, executes the decisions of the council and the county delegation and performs any other tasks given by laws and regulations. The Prefect may by written decision to delegate him and part of his duties, but not permanently. + Article 357 The pretor is the police chief in his net. In this capacity, under the control of the prefect, he takes measures to prevent crimes and cares for the maintenance of public order and safety. He gives in this regard the necessary orders to the police bodies and the gendarmerie, who are obliged to execute them. The pretor can set in motion the public force to happenings of rebellion, sedition, tumultuous attrupments, resisting the execution of laws or legal ordinances or other unforeseen events that would threaten public order, safety of persons and properties. In this case he immediately informs the prefect of the county. The pretor is a judicial police officer. In this capacity he can work, either on his own initiative or by delegation. + Article 358 Apart from the competence granted to them by art. 272 of the present law, the pretors can find contraventions and crimes, according to art. 52 of the law of ocoal courts and to apply the penalties shown there. + Article 359 The pretor will live at the place of residence. Each pretor will have a secretary paid by the State. In order to be appointed as secretary, the candidate must meet the conditions required for notaries. Other officials of s' would find it necessary are called and paid by the county. + Article 360 In each county, the prefect, through the decision approved by the ministry, distributes the pretors on the plasi. Once assigned, the pretors can only be transferred in accordance with the statute. The prefect, however, can also charge them with the endorsement of another party in case of holiday or absence of the holder, knowing about this Ministry of Interior. They can also charge them with order enforcements or research in any net in the interest of the service. + Article 361 The pretor is called by ministerial decision. In order to be called a pretor, in addition to the other conditions required of civil servants, the candidate must be a diplomat of the administrative professional training school or have functioned for five years as a stable notary with academic title or with a diploma the administrative training school. Until the organization of education for administrative professional training and until the sufficient number of graduates is obtained, will be able to be called claims and licensees in law and in State sciences. + Article 362 Candidates, apart from those shown in paragraph 2 of the previous article, must pass an admission exam after a certain program. If the number of candidates is higher than holidays, the places will be assigned by competition. Candidates appointed for the first time in operation have provisional title. After a one-year internship, and whether they will be proven at the research of their administrative work and the inspections made to possess the aptitude and knowledge of the function, the pretors declare themselves stable by the Minister of the Interior, based on the council's opinion administrative superior. + Article 363 The pretor turned stable enters the statute, has the same rights and guarantees and is subject to the same bonds as other administrative officials. The established pretors can submit up to the rank of first class director in the Ministry of Interior. They can move forward to this degree right on the spot, but within the limits of the places that will be registered every year in the budget of the Ministry of Interior They can pass in the central administration of the Ministry of Interior, in the same degree or by submission, with the opinion of the commission for proposals for appointments and forwards. + Article 364 The pretors under duty to guide, supervise and control the administration of the communes of their net. They will review the communal cassele, keeping the accounting scripts and will ensure the existence of funds and supporting documents, training together with the respective mayor minutes of the findings. If the mayor refused to assist him, even after the written invitation to him, he would be able to proceed with such inspections and the minutes without his assistance. The pretors will investigate the moral and material state of the population, the hygiene and sanitation of the communes, the economic and cultural conditions of the villagers and will take within the limits of the law the right measures. At the end of each month they will make the prefect a thorough report of the findings made and the measures that would be to be taken in the interest of the communal administrations. + Article 365 The pretors are indebted to convene at least once every 2 months the mayors, notaries, and the other specialist officials, from their constituency, to advise together on various matters of common interest as well as the application. laws and measures to be taken for the proper cultural, sanitary and economic administrative status of the communes and the harmonization of local services. They will make the prefects aware of these consfatuations. The summons will not be made only at the residence of the pretor, but also in the other communes of his constituency. + Chapter IV Notary + Article 366 The notary is the agent of the central authority in rural In this capacity he is charged with: Application of laws, regulations of public administration, ordinances, instructions and any other acts, which the law requires to be released as emanating from executive power; Publication will be made by posters, shouts and reading in public; Execution of provisions regarding the collection of statistical data; Execution of general safety measures and police; The fulfillment of all assignments that are given by laws and regulations. The notary is the head of the administrative police. He is an officer of the judicial police, auxiliary of the prosecutor's office, only in cases of flagrant crime, when in addition to the acts that will train, he will be able to take measures to hold the perpetrators at the disposal of the authority, heralding, on the pretor and prosecutor's office. Also, receive complaints to contraventions, research and find. Through the mayor's delegation he also has duties as a civil status officer, outside the celebration of marriage. In all cases he cares for the acts of the civil state to be drawn up according to the law and countermeasures them. In localities where the needs of the service would require, posts of secretaries of notaries can also be established, following the reasoned report of the respective pretor, approved by the prefect. The secretaries of notaries, who have the same titles and meet the same conditions as notaries, may replace them in absentia in their duties, on the basis of a written delegation, given on the personal liability of the notary. + Article 367 The notary attends the meetings of the communal council, without taking part in the vote, giving advice and guidance to the communal administration. In the absence of the secretary, he performs his function. + Article 368 The notary is called by the prefect. In order to be called a notary, in addition to the other conditions that are required of civil servants, the candidate must be a diplomat of the administrative training school. + Article 369 Until the organization of education for administrative professional training and until the sufficient number of graduates is obtained, will be able to be appointed notaries to holidays, in the following order, preferably: a) Licentiates in law and state sciences; ... b) Graduates of the notaries from Fagaras, Lugos and Arad; ... c) Graduates of the notaries of the Old Kingdom. ... All candidates before the appointment must pass the capacity examination provided for by the Staff Regulations. + Article 370 The notaries are provisionally called and gain stability after a two-year internship and after proving the knowledge and skills of the profession to the research and inspections made and following the opinion of the administrative superior council. Stability is given by the decision of the Interior Ministry. The notary become stable enjoys all the rights and guarantees provided in the statute. + Article 371 The current provisional notaries have the degree of interns. The current notaries set in the Old Kingdom and Bessarabia, which are five years old in operation, have a higher degree to them. They can submit on the spot according to the status up to the degree of subchief of biurou including and within the limits of the places provided in the budget of the The notaries become stable, if they come from the special training scoels, between the licensees in law or from the graduates of the schools of Fagaras, Lugos and Arad, as well as the current notaries established from Transylvania and Bucovina, licensed in law, will have two degrees superior to previous ones. They can submit on the spot according to the status up to the degree of head of biurou including, and within the limits of the places provided in the budget of the + Article 372 Notaries with a university title, or diplomats of administrative training schools will have the right to draft non-legal acts, in the interest of individuals, receiving for this a certain payment fixed. The Ministry of Interior taking the opinion of the administrative superior council will decide the sorts of acts, which can be drafted by notaries, as well as taxes that can be charged The poor, they won't get any payment. The current notaries in the allied provinces who have today the right to draft acts based on the laws and regulations in force, will also keep this right in the future. + Title VI Final provisions and transitors + Article 373 All decisions to be taken with the opinion of the communal and county permanent delegation or with that of the superior administrative council, will always be in accordance with this opinion, except when the law expressly ordered in another way or when these delegations or the higher council will be heard only on an advisory basis. Until the voting and promulgation of the law for the reorganization of the administrative superior council, all the powers conferred on it by this law will be fulfilled by the permanent administrative council. + Article 374 In all cases in which the higher authority is indebted by law to exercise a right of control over the deliberations of the communal and county councils and the respective permanent delegations, as well as the acts of the mayor and the prefect, it must rule within the period of one month, since it was brought to its attention the act or its conclusion or since it was sat with a request for appeal, except if the law formally provides for a shorter or longer term than this. + Article 375 Whenever the present law grants a right of welcome or appeal, in the absence of special provisions, this right will be exercised within 10 days, flowing from the display of deliberations, decisions or ordinances that are attacked. + Article 376 All deadlines in this law shall be counted on days off. + Article 377 In all cases, when the present law does not provide for another provision, the prefect and the permanent delegation exercise the action of immediate control and supervision over the acts and administration of the communes, and the interior minister on the municipalities and the the county. + Article 378 Schools of administrative professional training will be established for administrative officials of any branch, county and community of agreement with the Ministry of Public Instruction. By royal decree, based on the diary of the council of ministers, the rules for the organization of these schools and the date when they will start work will be determined The current notaries schools will work until the above schools are established and opened. + Article 379 All commercial and industrial enterprises of the communes and counties that will be associated with private capital, will be subject to the legal regime also created for commercial and industrial enterprises of the State. + Article 380 The work for the completion of the implementation of this law will end at most in one year from its promulgation. By royal decree, given on the basis of the journal of the Council of Ministers and the opinion of the superior administrative council, the territorial limits, number and names of urban communes, counties, county residences and municipalities will be determined. The royal decree will determine, after the proposal of the interior minister with the opinion of the administrative superior council, the territorial limits, the number and the names of the suburban and rural communes, the villages and the number of councillors to be chosen as well as that of law counselors and co-opted for each county and each commune. By ministerial decision, after the proposal of the prefects and the opinion of the administrative superior council, the nets of each county and their residences will be determined, and after the proposal of the mayors the number of urban communes sectors. The number of sectors in the municipalities will be established with the same forms by royal decree. All these territorial divisions and residences will not be able to change in the future except with the observation of the forms provided for in Chapter X under Title IV. The new administrative divisions shown above will enter into force on the data set out in the respective decrees and decisions. + Article 381 The dates when the first elections will take place under the present law will be determined by royal decree for counties and municipalities and by ministerial decision for the other communes. + Article 382 The communal and county electoral lists, after which the first elections are carried out under the present law will be drawn up, within the deadlines to be established by the decision of the Ministry of Interior and after the procedure shown below, by the mayors in function or the presidents of interim commissions and in rural communes together with notaries, but in view of the new territorial divisions. The lists thus drawn up will be displayed within 10 days from the date of publication of the decree by which the counties and communes are fixed. Any citizen will be able to challenge omissions, deletions or illegal enrolments, by request directed at the respective detour judge within 10 days of displaying the lists. The judge is obliged to rule in the council chamber within 8 days of receipt of the application. The deadlines set by the judge for the investigation of the complaints will be displayed at the door of the The judge's decision is final and is communicated, by his care, to the mayor of the respective commune, who is obliged to comply. The other formalities regarding the electoral lists will be fulfilled according to art. 158. These lists must remain final no later than 30 days from the date of their displays. + Article 383 At the first elections in rural communes, in the absence of a sufficient number of magistrates, the electoral biuros can be presided over by persons designated by lot by the president of the local court, at the same time as the draw of magistrates. The draw will be made on a list of one hundred persons drawn up by the president of the local court together with the prefect of the county, among the most qualified voters, that they will guarantee the impartiality of the leadership of the elections. The knowledge of the exit will be made immediately. Those notified are obliged to communicate in 24 hours acceptance or refusal. Once accepted, the failure to carry out the commission without legitimate justification, makes them liable to the punishment provided for in the electoral law, when because of this the choice could not be carried out. + Article 384 The mayors currently in operation in Transylvania are eligible in the communal and county councils. + Article 385 No subsidies will be given by the communes and the county of the State, which, however, will care to provide them the amounts for the services and salary of officials, who from the centers become county or communal, until through special laws will be assign to counties and communes the income of local taxes. The wealth of the dowry coming from any sources, passes by right on account of the respective counties, which succeed them in rights and bonds. + Article 386 The salaries of prefects, sub-prefects, pretors, notaries and any other officials, appointed by the central power in communes and counties will be paid by the State. The counties will enroll transport and housing allowances for prefects, sub-prefects and claims, and communes for notaries. Salaries, grades and assimilations of notaries, sub-prefects, pretors and other communal and county officials will be fixed by the general salary organization law. Until then it's the current ones + Article 387 The Ministry of Finance in Understanding with the Interior Ministry will determine the data and how the various changes will be made regarding the establishment of the financial means of the communes and counties necessary for the application of the present law. + Article 388 Each commune and county will draw up a picture of the necessary services and officials, within the limits of local means and needs and in view of the present law. Stable officials remain in operation. The legal holidays, however, will not be complacent until the number of officials reaches the limit provided in the picture drawn up, according to this article. The administrative, county and communal officials, who by reorganizing or merging the local services would remain unsupported, will be appointed to similar functions in any service. The Ministry of Interior will examine the implementation of the law and will be able to control the times when the communal and county services operate in compliance with the principles for the general organization of public services. + Article 389 The administrative officials in Bukovina who are stable will be able to be appointed with the opinion of the administrative superior council, notaries, claims, county officials, sub-prefects, if they will be proven to have the right professional skills and knowledge the functions to occupy. + Article 390 The current administrative officials besides the prefecture, as well as the health services and officials, techniques, agricultural and any other branch that become county or communal, will pass in their new capacity, within four years from the promulgation. to the present law, to the data, in the way and in the number when it will be established by royal decrees, given on the basis of the journal of the council of ministers, after the opinion of the administrative superior council was also The officials who thus become county and communal retain their rights from the laws under which they were appointed. They will carry out the duties given today in the competence of administrative officials in the county and specialized prefectures. + Article 391 The current prefecture directors of the Old Kingdom and Bessarabia, who come from stable net administrators, will be confirmed sub-prefects by royal decree after the promulgation of the law. The sub-prefects of Ardeal titrates, as well as the prefecture directors of Bessarabia and the Old Kingdom, who would not be stable and have no academic title, but are at least five years old in administrative functions and prove that they have the knowledge and the skills of the function, will be called sub-prefects, based on the opinion of the administrative superior council. + Article 392 After the promulgation of the present law and on the basis of the prefects ' proposal, the Minister of the Interior determines the number of + Article 393 The current net administrators, prime-pretors and sub-prefects of Bessarabia, establish, will be confirmed as claims by the effect of the law. The net managers, prime-pretors and sub-prefects of Bessarabia, even not having the title or not coming from among the active military, can be declared as pretors, on the basis of the opinion of the superior administrative council, if they were appointed before 1 April 1921 and whether they will be proven at inspections or research to possess professional knowledge and skills. The current net administrators from the Old Kingdom, licensed in accordance with 10 years old in the function of administrators and sub-prefects of Bessarabia, came from net administrators, licensed in law, establish with the same seniority, will be able to receive the rank of sub-director first class on the basis of the opinion The same right will also have current prefecture directors, if they meet the above conditions. Provisional net administrators, appointed on the basis of the rural community organization law of 1908, acquire stability as a claim if they have the age provided for in the statute and only following the inspection reports and the favorable opinion of the Council. superior administrative. + Article 394 Transiently and until the unification of the judicial organization legislations, the pretors confirmed or appointed on the basis of the present law in Transylvania, Banat, Crisana, Maramures, will also keep the jurisdiction established by the XX law of 1901, and the calls and the appeals against their decisions will be judged by the detour courts, according to art. 52 of the law of ocoals in the Old Kingdom. + Article 395 The current helpers of sub-prefects of Bessarabia, the pretors of Transylvania, the secretaries of helpers and archival secretaries of the Old Kingdom will be appointed, within the limits of vacations, net secretaries or claims if they meet the conditions of the present law, giving themselves preference of those who meet the conditions of the present law, giving preference to those who meet the conditions of stability provided for in the statute. + Article 396 The current secretaries of county councils-even not having the title-if they are 5 years old in operation and in research and inspections will prove that they have the knowledge and skills of their duties, can be declared based on the opinion administrative higher council. Current office heads from prefectures, with at least 4 secondary classes and 5 years of seniority in administrative services, are entitled to advance in accordance with the status of officials within the limits of available budget places. In Transylvania the first county notaries that will be found at the promulgation of the law are confirmed as secretaries of the county council, one for each county. + Article 397 The amounts affected by communes and counties for the payment of insurance of buildings and property will constitute a fund put under the administration of the Ministry of Interior The surplus not used after the annual detentions in order to form a reserve fund, will be lent to the communes and counties with a percentage that will be established by the Ministry, for the construction of premises put in charge of them and edilitary improvements. Apart from the mandatory insurance provided for in this article and art. 234, communes and counties are free to provide their buildings and furniture and to private enterprises. + Article 398 The administrative higher council will decide when it is necessary to use the language of the minority to facilitate the relationship between the population and the local local government. + Article 399 Regulations of administration will unravel the principles of this law. + Article 400 All provisions in laws, regulations or any other throughout the country, contrary to the present law, are and remain repealed. -----
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