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Law No. 40 Of 18 December 1990 On The Organization And Functioning Of The Ministry Of The Interior
Original Language Title: LEGEA nr. 40 din 18 decembrie 1990 privind organizarea şi funcţionarea Ministerului de Interne
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LEGE no. 40 40 of 18 December 1990 (* updated *)
on the organization and functioning of the Interior
(updated until September 15, 2003 *)
ISSUER
PARLIAMENT
---------------
*) The initial text was published in the OFFICIAL GAZETTE no. 146 146 of 18 December 1990. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. until September 15, 2003, with the amendments and additions made by:
RECTIFICATION no. 40 40 of 18 December 1990
;
EMERGENCY ORDINANCE no. 175 175 of 5 November 1999
;
EMERGENCY ORDINANCE no. 218 218 of 24 November 2000
;
EMERGENCY ORDINANCE no. 291 291 of 29 December 2000
;
EMERGENCY ORDINANCE no. 29 29 of 26 February 2001
;
ORDINANCE no. 88 88 of 30 August 2001
;
ORDINANCE no. 84 84 of 30 August 2001
;
ORDINANCE no. 83 83 of 30 August 2001
;
LAW no. 630 630 of 16 November 2001
;
LAW no. 40 40 of 16 January 2002
;
EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
.
The Romanian Parliament adopts this law
+
Chapter 1
General provisions
+
Article 1
Repealed.
-------------
Article 1 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 2
Repealed.
-------------
Article 2 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 3
Repealed.
-------------
Article 3 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Chapter 2
Organization of the Interior Ministry
+
Article 4
Repealed.
-------------
Article 4 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 5
Repealed.
-------------
Article 5 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 6
Repealed.
-------------
Article 6 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 7
Repealed.
-------------
Article 7 was amended by EMERGENCY ORDINANCE no. 175 175 of 5 November 1999
published in MONITORUL OFFICIAL no. 547 547 of 9 November 1999.
Article 7 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 8
Repealed.
-------------
Article 8 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 9
Repealed.
-------------
Article 9 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 10
Repealed.
-------------
Article 10 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 11
Repealed.
-------------
Article 11 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Chapter 3
Management of the Interior Ministry
+
Article 12
Repealed.
-------------
Article 12 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 13
Repealed.
-------------
Article 13 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 14
Repealed.
-------------
Article 14 has been amended by RECTIFICATION no. 40 40 of 18 December 1990
published in MONITORUL OFFICIAL no. 148 148 of 20 December 1990.
Article 14 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 15
Repealed.
-------------
Article 15 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 16
Repealed.
-------------
Article 16 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Chapter 4
Tasks of the Interior Ministry
+
Article 17
The Interior Ministry has the following main tasks:
I. Duties on ensuring compliance with laws, order and public peace:
a) repealed;
...
b) repealed;
...
b ^ 1) organizes and carries out, through specialized information structures, the activity of obtaining, processing, checking, storing and capitalizing on information in the field of missions, heritage and personnel of the ministry, defense of the secrecy of state and service within the institution, as well as the prevention and discovery of crimes, the identification of risk factors and threats to public order;
c) repealed;
...
d) repealed;
...
e) repealed;
...
f) repealed;
...
g) repealed;
...
h) repealed;
...
i) repealed;
...
j) repealed;
...
k) repealed;
...
l) repealed;
...
m) repealed;
...
n) repealed;
...
o) repealed;
...
p) repealed;
...
r) repealed.
...
II. Repealed.
III. Repealed.
IV. Repealed.
V. Repealed.
-------------
Letter a ^ 1) of section 5 5 of
art. 17 was introduced by EMERGENCY ORDINANCE no. 218 218 of 24 November 2000
published in MONITORUL OFFICIAL no. 606 606 of 25 November 2000.
EMERGENCY ORDINANCE no. 218 218 of 24 November 2000
has been repealed by
EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
Point b ^ 1) of point b 1 1 of
art. 17 was introduced by EMERGENCY ORDINANCE no. 29 29 of 26 February 2001
published in MONITORUL OFFICIAL no. 108 108 of 2 March 2001.
Points a), b), c)-r) of section 1 1 of
art. 17 were repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
Pct. 2-5 of
art. 17 were repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
Section 5 of the
art. 17 17 was amended by LAW no. 630 630 of 16 November 2001
published in MONITORUL OFFICIAL no. 754 754 of 27 November 2001.
Point b ^ 1)
art. 17 17 was amended by LAW no. 40 40 of 16 January 2002
published in MONITORUL OFFICIAL no. 75 75 of 31 January 2002.
+
Article 18
Repealed.
-------------
Article 18 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 19
Repealed.
-------------
Article 19 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 20
Repealed.
-------------
Article 20 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 21
Repealed.
-------------
Article 21 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 21 ^ 1
(1) For the performance of the duties provided for in 17 lit. b ^ 1) and within their limits, the Ministry of the Interior is authorized to hold and use the specific technical means for obtaining, processing, verifying, storing and harnessing information and carrying out collection activities of information, open and/or covered, under the law.
...
(2) Some categories of technical and specific goods shall be purchased by the specialized information structures, on the basis of contract with internal or external partners.
...
(3) The use of undercover individuals is based on the approval given by the Prosecutor's Office of the Supreme Court of Justice. The organization of this activity is done by order of the Minister of Interior, for a fixed period.
...
(4) The Ministry of Interior may request from public authorities, from natural or legal persons information, data and documents necessary for the performance of the duties established by law, within the limits of art. 17 lit. b ^ 1).
...
-------------
Art. 21 ^ 1 was introduced by EMERGENCY ORDINANCE no. 29 29 of 26 February 2001
published in MONITORUL OFFICIAL no. 108 108 of 2 March 2001.
Alin. ((1), (3) and (4) of
art. 21 ^ 1 were amended by LAW no. 40 40 of 16 January 2002
published in MONITORUL OFFICIAL no. 75 75 of 31 January 2002.
+
Article 22
Repealed.
-------------
Article 22 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Chapter 5
Final provisions
+
Article 23
Repealed.
-------------
Article 23 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 24
Repealed.
-------------
Article 24 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 25
Repealed.
-------------
Article 25 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
+
Article 26
Repealed.
-------------
Article 26 was repealed by EMERGENCY ORDINANCE no. 63 63 of 28 June 2003
published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003.
This law was passed by the Senate at its meeting on December 17, 1990.
--------------
Law no. 40/1990
has been amended by
EMERGENCY ORDINANCE no. 291 291 of 29 December 2000
published in MONITORUL OFFICIAL no. 706 706 of 29 December 2000.
Law no. 40/1990
has been amended by
ORDINANCE no. 88 88 of 30 August 2001
published in MONITORUL OFFICIAL no. 544 544 of 1 September 2001.
Law no. 40/1990
has been amended by
ORDINANCE no. 84 84 of 30 August 2001
published in MONITORUL OFFICIAL no. 544 544 of 1 September 2001.
Law no. 40/1990
has been amended by
ORDINANCE no. 83 83 of 30 August 2001
published in MONITORUL OFFICIAL no. 543 543 of 1 September 2001.
SENATE PRESIDENT
academician ALEXANDRU BIRLADEANU
This law was passed by the Assembly of Deputies at its meeting on 18 December 1990.
PRESIDENT OF THE ASSEMBLY
MARTIAN DAN
By virtue
art. 82 lit. m) of Decree-Law no. 92/1990
* *) for the election of the Romanian Parliament and President,
promulgam the Law on the organization and functioning of the Interior Ministry and we have its publication in the Official Gazette of Romania.
-------------
* *)
Decree-Law no. 92/1990
has been repealed by
LAW no. 69 69 of 15 July 1992
published in MONITORUL OFFICIAL no. 164 164 of 16 July 1992.
ROMANIAN PRESIDENT
ION ILIESCU
-----------------
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