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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 37 of 7 December 1990 for the organization and functioning of the
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 137 137 of 8 December 1990



The Romanian Parliament adopts this law + Chapter 1 Organisation + Article 1 The Government of Romania is the central body of executive power that exercises, in accordance with the law, public administration throughout the country. + Article 2 The Romanian government is made up of the Prime Minister, the state ministers, ministers and secretaries of state. The Prime Minister is appointed by the President of Romania, and the composition of the government is approved, at the proposal of the Prime Minister, by decision, by the Assembly of Deputies and the Senate. + Article 3 There may be members of the government who have Romanian citizenship, their domicile in Romania and enjoy the exercise of electoral rights. They cannot be members of the government with dual citizenship. Members of the government cannot be deputies or senators and cannot perform a function of professional representation of a national character, another public office or a function or salarized professional activity within autonomous regions, companies commercial or other organizations or units for profit. Provisions of para. 2 also applies to people who perform a government-level function. Outside the cases provided in par. 1 and 2, the cumulation is allowed provided that the person who cumulates, his duties within the government, is fully satisfied. + Article 4 The position of Minister of State, Minister and Secretary of State of the Government becomes vacant by death, resignation or as a result of the loss of electoral rights. Also, the office of a minister of state, minister or secretary of state member of the government ceases if the Prime Minister decides to revoke it. In the situations provided in par. 1 and 2, until the approval of the new member of the government, its powers will be exercised by the Prime Minister or an interim minister, appointed by the Prime Minister. The proposal for the appointment of a new member of the government must be made by the Prime Minister no later than 15 days after the post has become vacant or since the member of the government has been revoked. + Article 5 The President of Romania can attend the meetings of the government that have as object issues of national interest on the foreign policy of the government, the defense of the country, If he is present, the President of Romania presides over the government meeting. + Article 6 The government adopts decisions and regulations in the presence of half plus one of its members. The decisions and regulations are adopted with the agreement of the Prime Minister, by the open vote of the simple majority of those present, but not less than a third of the total number of members of the government. The government meets twice a month or whenever it is needed, at the convocation of the Prime Minister or a Minister of State designated by him. At the meetings of the government, heads of department, secretaries of state who are not members of the government and any other persons whose presence is appreciated to be useful, according to the decision of the Prime Minister. The government debates and the way of adopting decisions or regulations, as well as any other measures, shall be recorded in the transcript of the meeting, certified by the Secretary General of the Government. + Article 7 The government adopts decisions, in the exercise of its own powers, and regulations for the application of laws, when this was provided by law. The members of the government may propose draft decisions on the branch or the field of activity they respond to. The regulations are elaborated according to the Prime Minister's decision. The government's decisions, except for those who, according to the law, constitute state secret, as well as the regulations, are published in the Official Gazette. + Article 8 The government constitutes an executive office for the operative resolution of current problems and the pursuit of bringing measures ordered by the government. The executive office is composed of the Prime Minister, the Ministers of State, the Minister of Finance, the Minister of Justice, the Minister of the Interior and the Minister The rules of organization and functioning of the executive office are approved by the government + Article 9 Besides the Prime Minister works: a) Council of reform, relations and public information; b) Cabinet of the Prime Minister; c) the Prime Minister's advisers. Organization and duties of the compartments provided in par. 1 is approved by the Prime Minister's decision. + Article 10 The government has a General Secretariat, led by the secretary-general of the government, with the rank of minister, who attends his meetings as well as the meetings of the executive office. The organizational structure, duties and operating rules of the General Secretariat shall be approved by the government. + Article 11 The salarization for government personnel is provided in the annex of this law, which is an integral part of it. + Article 12 Besides the government works, as specialized central bodies of the state administration, national commissions and other bodies assimilated to them, such as departments, agencies, offices, secretariats and state subsecretariats, which are established according to the law, in compliance with the provisions of the Art. 3 shall also apply to the heads or employees of the bodies provided in 1, as well as employees in the government apparatus. + Article 13 The Prime Minister leads the government and coordinates the work of its members, in compliance with their powers and responsibilities. The members of the government are jointly and severally liable for the government's work and decisions or measures taken by it Also, each member of the government is also liable for his or her own activity. The government, in its entirety, and each of its members are accountable to parliament for how to carry out their duties. + Chapter 2 The powers of the government, the Prime Minister and the other members of the government + Article 14 The government has the following main tasks a) ensure the execution, by the public administration, of the laws and other normative provisions given in their application; b) leads and controls the activity of ministries and other central and local bodies of the state administration; c) drafts draft laws and submits them for adoption to parliament; debates the legislative proposals concerning the executive activity received from the parliament; d) elaborates the draft state budget, as well as the general account closing the budget year, and submits them for adoption to the parliament; in the elaboration and execution of the budget, no budget expenditure will be approved without specifying source of funding; e) approves the economic development programs of the country, branches and fields of activity, and submits them for adoption to the parliament; approves the trade balance and external payments, as well as the plans for cash receipts and payments; f) approve the programs for the modernization of production capacities that are carried out through state subsidies; g) establishes measures for the introduction and development of market economy mechanisms, under the conditions provided by law; h) ensures the reorganization of economic activity, according to the requirements of the market economy, as well as the adoption of measures to privatize some activities, under the conditions provided i) approve the regime of prices and tariffs on products, works and services for which the price or tariff is established, according to the law, by the government, as well as, until the liberalization of credits and interests, their regime; j) develop the system of taxes and fees due to the centralized budget of the state and submit them for adoption to the parliament; k) establishes programs to protect the environment and ensure ecological balance and submits them, for adoption, to parliament on those of national interest; establishes housing building programs from state funds, increasing the quality of life and other areas within the limits of the budgetary allocations approved for this purpose; l) ensure the realization of its social policy regarding the use of labor, salaries, pensions, the granting of material aids and other money rights, as well as their adaptation to the specificities of some branches and fields of activity; m) ensures, by taking and applying the necessary measures, the defense of the law order and the public peace, of the citizens ' rights and freedoms, under the conditions provided by law; n) bring to fruition the measures adopted, according to the law, for the general organization of the armed forces, their endowment and the fixing of the annual quotas of citizens to be called to the military service; o) determine the measures for the application of the legal regulations on defense of state secrecy; p) take measures regarding the negotiation of treaties, agreements and international conventions that engage the Romanian state and submit them, according to the law, to the President of Romania; approve the intergovernmental agreements, which will be signed only from empowering the Prime Minister; r) organizes, in good conditions, the elections for the President of Romania, parliament and local bodies; s) approve, according to the law, the location of investment objectives and the removal of land from agricultural production or from the forest fund, as well as the clearing of forested areas, in order to achieve investment objectives; s,) performs any other duties provided 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 Prosecutor General, the political parties and parties, other central organizations of national interest, as well as in relations international; + Article 16 The Prime Minister convenes the meetings of the government and the executive office. Also, the Prime Minister leads the meetings of the government, except in the situations provided in par. 2 2 of art. 5, as well as executive office meetings. For the performance of the tasks provided in 1 the Prime Minister can designate one of the state ministers. The Prime Minister signs the decisions and regulations adopted by the government and countermeasures the decrees issued by the President of Romania. If the meetings of the government or the executive office were led by a minister of state designated according to par. 2, the decisions adopted will be signed by him. The regulations are signed only by the Prime Minister. + Article 17 The Prime Minister appoints and releases from office: a) Secretary General of the Government; b) the staff in the compartments provided in art. 9 lit. b) and c); c) the heads of the bodies subordinated to the government mentioned in 12 12; d) secretaries of state who are not members of the government, as well as state subsecretaries; e) persons performing other functions, in the cases provided by law. + Article 18 In carrying out his duties, the Prime Minister issues decisions of an individual nature or on the internal organization of the government. + Article 19 The state ministers coordinate, under the direct leadership of the Prime Minister, the achievement of government policy in a branch or field of activity, in which they work together with the ministers responsible for fulfilling this policy within the The ministries I run. One of the state ministers, appointed with the election of the government, also ensures its relations with the parliament. + Article 20 Ministers ensure the application, under the law, of government policy in the branch or field of activity of the ministry or the central body they lead and respond to their work in front of the government. + Article 21 The secretaries of state, members of the government, lead the work of the departments entrusted to them, within the ministries in which they operate, and respond to their activity in front of the government and the minister to whom they are subordinate. + Chapter 3 Final provisions + Article 22 The government organizes the administration of goods of government interest from state property, necessary for protocol and representation actions of the Assembly of Deputies, the Senate, the Romanian Presidency and the government, according to the between these organs. In this regard, it establishes specialized units to which the General Secretariat of the Government performs the duties provided by Law no. 15/1990 15/1990 for the relevant ministry. + Article 23 This law shall enter into force 10 days after its publication in the Official Gazette. On the date of entry into force of the law, Decree-Law no. 10 10 of 31 December 1989 , on the establishment, organization and functioning of the Romanian Government Decree-Law no. 104 104 of 30 March 1990 on the activities for which the Government adopts decisions and any other provisions to the contrary. This law was passed by the Senate at its meeting on November 29, 1990. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Assembly of Deputies at its meeting on 3 December 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 Law for the organization and functioning of the Romanian Government and we have its publication in the Official Gazette of Romania. ROMANIAN PRESIDENT ION ILIESCU + Annex STATE OF FUNCTIONS for staff in the government apparatus No. crt. The name of the functionationConditions of studiesThe tariff salary-lei/monthly-minimum 1.Head of sectorstudies8.00010,000 2.Head of higher education sector-of the Prime Minister 6.8008.500-at the state ministers 5.5007.500-at the Secretary-General of the government and secretaries of state 5.0007.000 3.Deputy head of sectorstudies6.0008.000 4.Expert studies6.5008,000 5.Specialized inspector-degree Istudying6,5008,000-degree IIstudy6.0007.000-degree IIIstudies 6.Chief Cabinet Office Istudy4.5006,000 7.Head of cabinet IIstudy3.5005.000 8.Cabinet secretary medii2.9003.700 9.Consultant (documentarist, analyst-programmer, editor of the press, audio-video) specialized-degree Istudy4.9006.300-degree IIstudies -degree IIIstudy3.8005.500 10.Economist (engineer)-Degree Istudy4.9006.300-degree IIstudy4.7006,000-degree IIIstudystudies 3.8005.500 11.Accountable head study4.9006.300 12.Accounting, merceologist, statistician, cashier medii3.5004.500 13.Reviewer accountations4.0005.500 14.Reviewsmedium-study3.0004.000 15.Translator translator study4.6006,000 16.Stenodactorsmedii3.0004.000 Secretary-typist 2,8003,500 17.Functioning-degree Istudies medii3.0004.000-degree IIstudy2.9003,500-degree IIIstudy2.8003.300 18.Librarstudy3.8004.500 19.Medium-study2.9003,500 20.Mediumstudy3.5004.500 21.Mediumstudy2.5003.300 22.Portar 2.5003.000 23.Caretaker 2.5003.000 24.Workers-High qualification Istudy3.5004.000-highly qualified IIstudy3.3003.800-specialiststudies3.8004.500 25.Sofer 3.3004.500 26.Bufetier 3.5004.500 Help bufetier 2.5003.000 27.Manipulant goods 2.5003,500 28.Operator video cinema, Rooms3.5004.500 studies medii3.0004.000 29.Photograph, graphic anstudies3.0004.000 NOTE: 1. Persons assigned to the functions provided in this Annex also benefit from the uninterrupted seniority increase provided by law. 2. People who coordinate the activity of some compartments, except for dignitaries, receive a driving allowance between 500 and 2,000 lei. 3. Persons classified as permanent collaborators will receive monthly an allowance between 1,500-3,000 lei, non-taxable; if these persons are from the province, they have the additional right to the settlement of transport expenses and an allowance of accommodation, within the amount of 80 lei per day during the entire period of activity with the government. 4. For the hours carried out over the normal duration of the working day, the execution, specialized and administrative personnel may be granted an increase to the salary of up to 1,000 lei monthly, depending on the work performed. The increase is untaxable. Work performed on non-working days is paid with an increase of 100% on the tariff salary. 5. At the disposal of the Prime Minister will be an award fund within the limits set by the budget. --------------