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Law No. 5 Of 19 July 1990 Concerning The Administration Of Counties, Municipalities, Cities And Communes Until Local Elections

Original Language Title:  LEGEA nr. 5 din 19 iulie 1990 privind administrarea judeţelor, municipiilor, oraşelor şi comunelor pînă la organizarea de alegeri locale

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LAW no. 5 5 of 19 July 1990 on the administration of counties, municipalities, towns and communes to the organization of local elections
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 92 92 of 20 July 1990



The Romanian Parliament adopts this law + Article 1 On the date of entry into force of this law, the national union councils provisionally constituted at the level of administrative-territorial units cease their activity. + Article 2 Until the formation of future local bodies, as a result of elections, the administration of counties, namely the city of Bucharest, municipalities, towns and communes, is carried out by prefectures and mayors, local bodies of the state administration with general competence. + Article 3 Prefectures and municipalities solve, under the law, the problems regarding the economic and social development of administrative-territorial units, aim to respect the legal framework of economic activity, ensure the management of budgets local and settle issues of an edilitary order, as well as in other areas given in their competence by law. Also, prefectures and mayoralties ensure the maintenance of public order, the defense of citizens ' rights and freedoms, through legally constituted public order bodies. + Article 4 The prefectures are organized at the level of the counties and are composed of: 1 prefect, 2 sub-prefects, 1 secretary and 7 members. + Article 5 The mayoralties are organized at the level of the municipalities, sectors of Bucharest, cities and communes and have the following component: a) in Bucharest: 1 general mayor, 3 deputy mayors, 1 secretary and 8 members; b) at the county municipalities and sectors of Bucharest: 1 mayor, 2 deputy mayors, 1 secretary and 5 members; c) in the municipalities that are not the county seat: 1 mayor, 1 deputy mayor, 1 secretary and 4 members; d) in cities: 1 mayor, 1 deputy mayor, 1 secretary and 4 members; e) in communes: 1 mayor, 1 secretary and 3 members, and in communes with over 5000 inhabitants: 1 mayor, 1 deputy mayor, 1 secretary and 4 members. + Article 6 Appointment and release from the functions provided by art. 4 4 and art. 5 lit. a) are made by the Prime Minister, at the proposal of the Local Government Directorate of the General Secretariat of the Government. Appointment and release from the functions provided in art. 5 lit. b)-e) are made by decisions of the county prefectures, respectively of the City Hall of Bucharest. + Article 7 Prefectures and town halls, in their entirety and each of their members, respond to the organs of the upper hierarchical state administration and the government. + Article 8 Prefectures and town halls meet, as a rule, once a week, as well as whenever necessary, working validly in the presence of the majority of their members. The convocation is made by the prefect or mayor. + Article 9 In carrying out their duties, prefectures and municipalities issue decisions with the vote of half plus one of their total members. The decisions shall be signed by the prefect, as the case may be, and shall be countersigned by the secretary. Decisions of general interest shall be brought to the attention of citizens by any means of advertising. In the administrative-territorial units inhabited and by the population of a nationality other than the Romanian one, these decisions are brought to the attention of citizens and in the language of that nationality. + Article 10 Decisions of prefectures and mayoralties can be annulled by the higher hierarchical bodies when contravening the laws, decrees, decisions of the government or decisions of the organs of the higher hierarchical state + Article 11 Prefectures and town halls have their own specialized apparatus, organized according to the law. + Article 12 At the level of administrative-territorial units it operates, according to the law, local specialized bodies of the state administration, which are subordinated to both prefectures and mayoralties, as well as ministries or other central bodies of specialty of the state administration. + Article 13 Prefectures and municipalities exercise the rights and fulfill the obligations they have as a legal entity the county, the municipality, the sectors of Bucharest, the city and the commune. In the execution of the budget, the prefect or, as the case may be, the mayor performs the duties of the principal + Article 14 The goods and other assets and liabilities of the territorial provisional councils of national union shall pass to the prefectures and town halls of the respective administrative-territorial units, on the basis of minutes. + Article 15 Personnel who pass to other units, as a result of the application of the provisions of this law, shall be considered transferred in the interest of the service and benefit, for three months from the date of the transfer, of the same framing tariff, if at the new place the employment tariff salary of framing is lower. + Article 16 Staff of the territorial provisional councils of national union will be redistributed and framed through the care of county prefectures or town halls, as the case may be. + Article 17 Mayors and deputy mayors appointed on the basis of art. 6 benefit from the rights provided by art. 15 15 and 16 upon termination of office for reasons not attributable to them. + Article 18 On the date of this law, art. 6 6, art. 7 7 and art. 8 8 para. 1 1-3 of Decree-Law no. 2/1989 on the establishment, organization and functioning of the National Salvation Front Council and the territorial councils of the National Salvation Front, art. 3 of Decree-Law no. 81/1990 on the Provisional Council of National Union and Decree-Law no. 8/1990 on the organization and functioning of local bodies of the state administration. This law was passed by the Senate at its meeting on July 18, 1990. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was passed by the Assembly of Deputies at its meeting on 18 July 1990. PRESIDENT OF THE ASSEMBLY MARTIAN DAN Pursuant to art. 82 lit. m) of Decree-Law no. 92/1990 for the election of the Romanian Parliament and President, promulgam the Law on the administration of counties, municipalities, towns and communes to the organization of local elections and have its publication in the Official Gazette. ROMANIAN PRESIDENT ION ILIESCU ---------------------