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Law No. 39 Of 13 December 1990 Concerning The Establishment, Organization And Functioning Of The Supreme Council Of Defense Of The Country

Original Language Title:  LEGEA nr. 39 din 13 decembrie 1990 privind înfiinţarea, organizarea şi funcţionarea Consiliului Suprem de Apărare a Tarii

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LAW no. 39 39 of 13 December 1990 on the establishment, organization and functioning of the Supreme Council of National Defence
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 142 142 of 13 December 1990



The Romanian Parliament adopts this law + Article 1 In order to organize and coordinate the activities that concern the defense of the country and the safety of the state both in peacetime and in times of war, the Supreme Council of Defense of the Country is established. + Article 2 The Supreme Council of National Defence has the following tasks: A. Proposes, for approval, to the parliament: a) the fundamental concept of defense of the country; b) structure of the national defence system; c) declaring the state of war; d) the suspension, in case of war, of hostilities, the conclusion of the ceasefire or the cessation of the conflicting state. B. Analyses situations of a nature to impose: a) declaring a state of emergency; b) declaration of partial or general mobilisation. C. Analyses and approves: a) the general organization of the armed forces and the other compartments of the national defense system; b) the measures necessary to reject the armed attack, by surprise, directed against the country, as well as following the declaration of the state of emergency or war; c) dislocation and relocation, in peacetime, on the national territory, of the major units from the brigade tier including, up; d) plan to mobilize the national economy for the first year of war; e) the prospective programs regarding the endowment with the military technique of the armed forces and the other components of the national defense system; f) forecasting studies on the organization of internal production of military technique; g) the cooperation plan between the Ministry of the Interior and the Ministry of National Defence, as well as its implementation, in connection with the intervention and missions of their units, including the use, armaments, ammunition and equipment, to guard and defend important objectives in the national territory, to maintain and restore order of law; h) the intervention plan of the units of the Ministry of National Defence and the Ministry of Interior, as well as its implementation, regarding the limitation and removal of the effects of calamities or catastrophes on the national territory; i) the basic guidelines in the field of military international relations and the mandate of delegations participating in the negotiation and conclusion of agreements and treaties on defense of the country; j) projects of international defence treaties and agreements; k) reports submitted by heads of state administration bodies with attributions in the fields of national defence and state security and shall order the necessary measures. D. Exercise any other duties regarding national defense and state security. + Article 3 The Supreme Council of National Defence shall consist of: a) President:-President of Romania; b) Vice President:-Prime Minister of the Government; c) members:-Minister of State for industrial activity and commercial; -Minister of National Defence; -the Minister of Interior; -Minister of Foreign Affairs; -Head of the Political Analysis Department of the Romanian Presidency; -director of the Romanian Intelligence Service; -Secretary of State and Chief of the General Staff; -Director of the External Intelligence Service. + Article 4 In order to fulfill its duties, the Supreme Council of National Defence has a secretariat, organized within the Romanian Presidency. + Article 5 The Supreme Council of Defense of the Country shall convene by its chairman, as a rule quarterly, or whenever necessary. The Council may also be convened at the request of at least one third of its members. The Supreme Council of National Defence works in the presence of at least two thirds of its members and adopts decisions with the majority of council members. The vote is open. + Article 6 The President of the Supreme Council of National Defence coordinates and directs his entire activity. In the absence of the President, his duties shall be fulfilled by the + Article 7 At the meetings of the Supreme Council of Defense of the Country can participate as guests other persons, in relation to the specifics of the problems that are analyzed + Article 8 The Supreme Council of National Defence presents annually to the parliament a report on the activity carried out, through one of its members, and at the request of the parliamentary parliament, whenever the situation so requires. + Article 9 The decisions adopted by the Supreme Council of Defense of the Country are mandatory for the citizens of the country, as well as for all institutions and units to whose activity they refer. + Article 10 The Supreme Defence Council of the Country operates on the basis of an operating regulation which it approves in its first sitting. + Article 11 Article 8 of Law no. 14/1972 , as well as any other provisions contrary to this law, shall be repealed. This law was passed by the Assembly of Deputies at its meeting on 12 December 1990. PRESIDENT OF THE ASSEMBLY MARTIAN DAN This law was passed by the Senate at its meeting on December 12, 1990. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU 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 establishment, organization and functioning of the Supreme Council of National Defence and we have its publication in the Official Gazette of Romania. ROMANIAN PRESIDENT ION ILIESCU ------------------