Law No. 37 Of 7 December 1990 For The Organization And Functioning Of The Romanian Government

Original Language Title:  LEGEA nr. 37 din 7 decembrie 1990 pentru organizarea şi funcţionarea Guvernului României

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Law No. 37 of 7 December 1990 for the Organization and functioning of the Romanian PARLIAMENT, published in the ISSUER OFFICIAL GAZETTE nr. 137 of 8 December 1990, the Romanian Parliament adopts this law.

Chapter 1, article 1 of the Romanian Government Organization is the central body of executive power which exercises, in accordance with the law, public administration throughout the country.

Article 2 the Romanian Government consists of the Prime Minister, Ministers of State, Ministers and Secretaries of State and the Prime Minister is appointed by the President of Romania, and approve Government component, at the recommendation of the Prime Minister, by decision of the Assembly of Deputies and the Senate.

Article 3 may be cabinet members persons having their residence in the Romanian citizenship, Romania and enjoying the exercise of electoral rights. May not be members of the Government people with dual citizenship.
Members of the Government may not be deputies or senators may not fulfill a function of professional representation with national character, another public function or a function of the time salarizata professional activity within the autonomous public corporations, companies, or other organizations times profit units.
The provisions of paragraphs 1 and 2. 2 applies to persons who fulfil the function of governmental level.
Besides the cases referred to in paragraph 1. 1 and 2, the cumulation is allowed provided that the integrals, by the person who gathers, the powers conferred on it within the Government.

Article 4 the position of Minister of State, Minister and Secretary of State Government member becomes vacant through death, resignation or as a result of the loss of electoral rights.
Also the function of a Minister of State, Minister of the time Secretary of State Government member shall be terminated if the Prime Minister decides the revocation thereof.
In the circumstances referred to in paragraph 1. 1 and 2, until approval of the new Member of the Government, its powers will be exercised by the Prime Minister or a Minister designated by the interim Prime Minister.
The proposal for the appointment of a new Member of the Government shall be made by the Prime Minister no later than 15 days from the date when the vacancy occurred, or the date when a member of the Government has been revoked.

Article 5 the President of Romania may participate in meetings of the Government that matters of national interest relating to the foreign policy of the Government, defending the country, ensurance of public order.
If it is present, the President of Romania shall preside over the meeting of the Government.

Article 6 the Government adopts decisions and regulations in the presence of half plus one of its members. Decisions and regulations are adopted with the approval of the Prime Minister, through a simple majority vote of those present, but no less than one third of the total number of members of the Government.
The Government convenes twice a month or whenever necessary at the request of the Prime Minister or a Minister of State appointed by it.
The Government may attend meetings as invited heads of Department, Secretaries of State who are not members of the Government and any other person whose presence it considers to be useful, according to the decision of the Prime Minister.
Government debates how adopting decisions or regulations, as well as any other measures, shall be recorded in the verbatim record of the meeting, certified by the Secretary general of the Government.

Article 7 the Government adopts decisions, in the exercise of their own powers and enforcement regulations, when a statutory provision was made for it.
Government members can propose projects of decisions on branch or field of activity for which they are responsible. The regulations shall be drawn up according to the decision of the Prime Minister.
Decisions of the Government, except those which the law constitutes State secret, and the regulations, shall be published in the Official Gazette.

Article 8 Government constitutes an Executive Office for solving current problems in the stock and track compliance with the measures laid out by the Government.
The Executive Bureau consists of the Prime Minister, Ministers of State, the Minister of finance, Minister of Justice, Minister of Interior and Minister of national defense.
Rules of organization and functioning of the Executive shall be approved by the Government.

Article 9 under the auspices of the Prime Minister works: a) the Council of the Reformation, relations and public information;

b) Prime Minister's Cabinet;

c) advisers to the Prime Minister.

Organization and powers referred to in paragraphs 3 and 4 compartments. 1 approved by decision of the Prime Minister.

Article 10 the Government has a general Secretariat headed by the Secretary general of the Government, with the rank of Minister, attending its meetings, and the meetings of the Executive.
The organizational structure, functions and rules of operation of the general secretariat shall be approved by the Government.

Article 11 Salaries for government staff is provided in annex II of the present law, which forms an integral part thereof.

Article 12 in addition to Government work as central bodies of State administration, national committees and other bodies assimilated to them, such as departments, agencies, offices, secretariats and subsecretariate State, which shall be established by law, with due regard for the provisions of budgets.
The provisions of article 3 applies to employees and managers, or bodies specified in paragraph 1. 1, as well as employees from the Government.

Article 13 the Prime Minister leads the Government and coordinates the activity of its members, while respecting the competences and raspunderilor.
Government members are jointly and severally liable for the decisions or the work of the Government and the action taken by it. In addition, each Member of the Government shall be responsible for its own activity and.
The Government, as a whole, and each of its members shall be accountable to Parliament for the performance of the duties delegated to them.

Chapter 2 powers of Government, the Prime Minister and of other cabinet members article 14 the Government has the following main tasks: to ensure enforcement,) the public administration, laws and other normative provisions given in their application;

b) leads and controls the activity of ministries and other Central and local bodies of State administration;

c) shall draw up draft laws and submit them to the Parliament for adoption; debate legislative proposals which relate to the work of the Executive Committee of the Parliament;

d) draft of the State budget, as well as the general account of the closure of the budget year, and submit them to the Parliament for adoption; in the elaboration and implementation of the budget, no budget expenditure will not be approved without an indication of the source of funding;

e) approve programs for economic development of the country, branches and areas of work, and submit them to the Parliament for adoption; approve the trade balance and external payments and revenue plans and pay in cash;

f) approve programmes for the modernisation of production capacities to be implemented through State subsidies;

g) sets out provisions for the introduction and development of market economy mechanisms, as provided by law;

h) ensure the reorganization of economic activity, according to the requirements of market economy, as well as the adoption of privatising some activities under the conditions provided for by law;

I) approve pricing and tariffs for products, services and works for price or fare shall be determined under the law of the Government as well, until the liberalisation of credit interest payable to them;

j) elaborate system of taxes and fees due the State's centralized budget and submit them to the Parliament for adoption;

k) establish programmes of environmental protection and to ensure ecological balance and makes subject to Parliament for adoption, the national interest; sets the building housing programs from State funds, to increase the quality of life and in other areas, within the limits of budgetary allocations approved for that purpose;

It shall ensure that its policy) with regard to the use, to the salaries, pensions, support materials and other pecuniary rights, and adapt them to the specific branches and fields of activity;

m) ensure, by taking the necessary measures, and defending the rule of law and peace, public rights and freedoms, as provided by law;

n) brings to fruition the measures adopted under the law for the General organisation of the armed forces, their endowment and annual quotas for citizens to be called to the performance of military service;

a) sets out implementing measures for the rules of law relating to the defence of State secrecy;

p) take measures with regard to the negotiation of treaties, international agreements and conventions which committed the Romanian State and forward them according to the law, the President of Romania; approve intergovernmental agreements which would be able to sign only of empowering the Prime Minister;

r) organizes the deployment, in good conditions, elections for the President of Romania, Parliament and local authorities;

s) approve, according to the law, investment objectives and removing land from agricultural production or forestry and deforestation of areas of woodland, in pursuit of the objectives of the investment;

s, any other powers) complies with the prescribed by law.

Article 15

The Prime Minister represents the Government in its relations with the Parliament, the President of Romania, the Supreme Court of Justice, the Attorney general, the parties and political formations, Central organisations of national interest, as well as in international relations;

Article 16 the Prime Minister shall convene meetings of the Government and the Executive Office. Also, the Prime Minister leads the meetings of the Government, except as provided for in paragraph 1. 2 of art. 5, and Executive meetings.
For the performance of duties referred to in paragraph 1. 1 the Prime Minister may designate one of the Ministers of State, the Prime Minister signed the decisions and regulations adopted by the Government and countersigned by the President of Romania issued decrees.
If the meetings of the Government or the Executive Office were led by a Minister of State designated pursuant to paragraph 1. 2, decisions adopted shall be signed by him.
The regulations shall be signed only by the Prime Minister.

Article 17 the Prime Minister appoints and releases from Office: a) general Secretary of the Government;

b) staff in the bins provided for in art. 9 lit. b) and (c));

c) organs in government leaders referred to in art. 12;

d) Secretaries of State who are not members of the Government, and the State subsecretarii;

It's fulfilling other functions), in cases stipulated by law.

Article 18 In the performance of the incumbent, Prime Minister issuing decisions with individual character or regarding the internal organization of the Government.

Article 19 State Ministers coordinate, under the direct guidance of the Prime Minister, the realization of Government policy in a branch or area of activity in which we are on end with what ministers are responsible for the fulfilment of this policy within their ministries.
One of the Ministers of State, together with the choice of the Government, provide and its relations with Parliament.

Article 20 Ministers ensure that, in accordance with the law, Government policy in the industry or field of activity of the Ministry of the central organ on times it lead and responsible for their activities in the face of Government.

Article 21 Secretaries of State, members of Government, conduct the business of the departments with which they have been entrusted, within the ministries where they work, and are responsible for their work in front of the Government and of the Minister to whom are subordinates.

Chapter 3 final provisions Article 22 the Government organizes the administration of the property of interest, the State-owned Government required protocol actions and representation of the Assembly of Deputies, the Senate, the Presidency and the Government, according to the understanding concluded between these organs. To this end, establish specialized units compared to the general secretariat of the Government performs duties prescribed by law. 15/1990 for the Minister.

Article 23 this Act shall enter into force 10 days from publication in the Official Gazette.
On the date of entry into force of this law shall repeal the Decree-Law nr. 10 of 31 December 1989 concerning the establishment, organization and functioning of the Romanian Government, the Decree-Law nr. 104 of 30 March 1990 concerning the activities for which the Government adopts decisions, and any other provisions to the contrary.
This law was adopted by the Senate at its meeting on 29 November 1990.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Assembly of deputies at its meeting on 3 December 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 organisation and functioning of the Romanian Government and we have its publication in the Official Gazette of Romania.
ROMANIAN PRESIDENT ION ILIESCU Annex RULE of functions for the staff of the Government apparatus crt.
Tilte Conditions of tariff salary surveys-euro/monthly-minimum maximum 1.
Higher education sector Chief 8,000 10,000 2.
Head of higher education cabinet of the Prime Minister Ministers from 6,800 8,500-5,500 7,500-State with the Secretary-General of the Government and State Secretaries 5,000 7,000 3.
Deputy head 6,000 8,000 4 higher education.
6,500 8,000 5 higher education expert.
Specialist Inspector-degree graduate degree 6,500 8,000-Bachelor's degree (III) 6,000 7,000-5,000 6,000 6 higher education.
Chief cabinet I educated 4,500 6,000 7.
Chief cabinet II 3,500 5,000 8 secondary education.
Cabinet Secretary 2,900 3,700 9 secondary education.
Consultant (programmer-analyst, documentarian, commentator Editor, audio, video) specialist degree graduate degree 4,900 6,300-Bachelor's degree-4,700 6,000 III 3,800 5,500 10 higher education.
Economist (engineer)-1st degree higher education degree 4,900 6,300-Bachelor's degree-4,700 6,000 educated 3,800 5,500 11.
Chief Accountant 4,900 6,300 12 higher education.
Accountant, cashier, statistician, 3,500 4,500 13 secondary education.
SFSU graduate 4,000 5,500 14.
SFSU 3,000 4,000 15 secondary education.
Translator translator 4,600 6,000 16 higher education.
3,000 4,000 Stenodactilograf secondary education Secretary-typist 2,800 3,500 17.
Official degree secondary education-3,000 4,000-2,900 3,500 secondary education degree-grade III secondary education 2,800 3,300 18.
Librarian 3,800 4,500 19 higher education.
Archivist 2,900 3,500 20 secondary education.
3,500 4,500 21 secondary education administrator.
Courier 2,500 3,300 22 secondary education.
Goalkeeper 2,500 3,000 23.
Caretaker 2,500 3,000 24.
-Highly qualified worker secondary education I highly qualified 3,500 4,000-II secondary education secondary education specialist 3,300 3,800-3,800 4,500 25.
3,300 4,500 26 driver.
Help bufetier Bufetier 3,500 4,500 2,500 3,000 27.
2,500 3,500 28 goods handler.
Video cinema operator, cameraman 3,500 4,500 secondary education higher education 3,000 4,000 29.
The photographer, Illustrator secondary education: 1. NOTE 3,000 4,000 Persons falling within the functions provided for in this annex, shall receive the bonus for seniority and uninterrupted laid down by law.
2. persons who coordinate the activities of compartments, with the exception of dignitaries, receive an allowance for driving between 500 and 2,000 lei.
3. persons assigned by way of permanent collaborators will receive a monthly allowance between 1,500-3,000 lei, non-taxable ceiling; If these people are in the province, have the right in addition to the reimbursement of travel and accommodation to an allowance, to a maximum amount of 80 lei per day throughout the period as well as its activities from the Government.
4. For hours over the normal duration of carried out of working hours, personnel, administrative and specialist may grant a salary increase of up to 1,000 lei per month, depending on the work. The increase is taxable.
Work on holidays shall be paid with an increase of 100% in the tariff salary.
5. The order of the Prime Minister will be a prize within the limits established by the budget.