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 of 19 July 1990 concerning the administration of counties, municipalities, cities and municipalities up to the local elections of PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 92 of 20 July 1990 Parliament adopts this law.

Article 1 on the date of entry into force of this law, the National Union of councils established at provisional level administrative-territorial units ceases its activities.

Article 2 until the formation of future local bodies, as a result of the election, the administration of the respective counties Bucharest, municipalities, towns and communes, prefectures and municipalities, the local organs of State administration with general competence.

Article 3 Prefectures and town halls, according to the law, issues related to economic and social development of administrative-territorial units, observe the legal framework of economic activities, manage local budgets and find solutions to problems, as well as discretionary and other important data within their jurisdiction by law.
In addition, the mayoralties and ensure that prefectures of public order, protection of rights and freedoms, through bodies legally established public order.

Article 4 Prefectures are organized at the level of counties and are composed of: 1 prefect, 2 subprefecţi, 1 Secretary and 7 members.

Article 5 shall be organised at the level of the town councils of municipalities, the municipality of Bucharest, sectors and communes and towns have the following composition: a) in Bucharest: 1 Mayor, three deputy mayors, 1 Secretary and 8 members;

b) at County residence municipalities and sectors of Bucharest: 1 primary 2 vice-mayors, 1 Secretary and 5 members;

c) to municipalities that are not resident of the County: 1 primary, 1 Secretary, 1 Deputy Mayor and four members;

d) from cities: 1 primary, 1 Secretary, 1 Deputy Mayor and four members;

e) at: 1 primary, 1 Secretary and three members, while in municipalities with over 5000 inhabitants: 1 primary, 1 Secretary, 1 Deputy Mayor and four members.

Article 6 Appointment and dismissal of the functions provided for in art. 4 and art. 5 letter the first is made), on a proposal from the Directorate of local administration of the general secretariat of the Government.
Appointment and discharge of the functions referred to in article 1. 5 letter b)-(e)) are carried out through decisions of the County, and the prefectures of the City Hall of Bucharest.

Article 7 Prefectures and mayoralties in all and each one of its members, accountable State administration bodies and hierarchically superior Government.

Article 8 Prefectures and mayoralties meet usually once a week, and whenever necessary, working for the majority of their members present.
The summons is made by prefect or mayor.

Article 9 in the performance of duties, the prefectures and the town councils with the votes of decisions issued by half plus one of the total of their members.
Decisions shall be signed by the prefect, where appropriate by the Mayor, and countersigned by the Secretary.
Decisions of general interest are brought to the knowledge of the citizens through any means of advertising.
The territorial-administrative units inhabited and population of other nationality than Romanian, these decisions are brought to the attention of citizens and in the language of that naţionalitati.

Article 10 decisions of the prefectures and mayoralties may be waived by the hierarchically superior bodies when they contravene the laws, decrees, ordinances of Government decisions of State administration bodies in a hierarchical structure.

Article 11 Prefectures and town halls have a proper, organized according to the law.

Article 12 at the level of administrative-territorial units ' work, according to the law, the local organs of State administration, which is subject to both prefectures and mayoralties and central ministries or other bodies of State administration.

Article 13 Prefectures and the town councils exercise their rights and fulfil the obligations they have as a legal entity in the County, far from the areas of Bucharest, the city and township.
In the implementation of the budget, the prefect or, where appropriate, the powers of authorising officer to Mayor meets the main credits.

Article 14 property and other assets and liabilities of the provisional and territorial councils of National Union pass to prefectures and mayoralties in the respective administrative-territorial units is based on minutes.

Article 15 personnel who move to other units as a result of the application of the provisions of this law, shall be deemed transferred to the interests of the service and shall, within three months from the date of transfer, the same tariff wage employment, if the new tariff wage employment is lower.

Article 16 provisional territorial councils Staff of National Union will be redistributed and framed by the county or city halls prefectures, where appropriate.

Article 17 town councils and mayors appointed pursuant to article 13. 6 enjoys the rights provided for in art. 15 and 16 at the end of tenure for reasons not attributable to them.

Article 18 on the date of the present law shall repeal art. 6, art. 7 and art. 8 para. 1-3 of Decree-Law No. 2/1989 on the establishment, organization and functioning of the Council of the National Salvation Front and of the territorial councils of the National Salvation Front, art. 3 of Decree-Law No. 81/1990 on Provisional National Unity Council and Decree-Law No. 8/1990 on the Organization and functioning of local organs of State administration.
This law was adopted by the Senate at its meeting on 18 July 1990.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Assembly of deputies at its meeting of 18 July 1990.
The PRESIDENT of the ASSEMBLY of DEPUTIES MARTIAN D under article 13. 82 lit. m) of Decree-Law No. 92/1990 to elect the Parliament and President, promulgăm law on the administration of counties, municipalities, cities and municipalities up to local elections and its publication in the Official Gazette.
ROMANIAN PRESIDENT ION ILIESCU — — — — — — — — — — — — — — — — — — — — —

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