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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Law No. 40 of 18 December 1990 (* updated *) on the Organization and functioning of the Ministry of the Interior (updated until September 15, 2003)-PARLIAMENT ISSUING — — — — — — — — — — — — *) original text was published in MONITORUL OFICIAL nr. 146 of 18 December 1990. This is the updated form of S.C. "territorial Center of Electronic Computing" until 15 September 2003, with amendments and additions made by: RECTIFICATION No. 40 of 18 December 1990; EMERGENCY ORDINANCE No. 175 of 5 November 1999; EMERGENCY ORDINANCE No. 218 of 24 November 2000; EMERGENCY ORDINANCE No. 291 of 29 December 2000; EMERGENCY ORDINANCE No. 29 of 26 February 2001; ORDINANCE No. 88 of 30 august 2001; ORDINANCE No. 84 of 30 august 2001; ORDINANCE No. 83 of 30 august 2001; Law No. 630 of 16 November 2001; Law No. 40 of 16 January 2002; EMERGENCY ORDINANCE No. 63 of 28 June 2003.
Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 Repealed.
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Art. 1 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 2 Repealed.
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Art. 2 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 3 Repealed.
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Art. 3 has been repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Chapter 2 organisation of the Ministry of the Interior Repealed Article 4.
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Art. 4 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 5 Repealed.
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Art. 5 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 6 Repealed.
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Art. 6 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 7 Repealed.
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Art. 7 was amended by EMERGENCY ORDINANCE nr. 175 of 5 November 1999, published in Official Gazette No. 547 of 9 November 1999.
Art. 7 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 8 Repealed.
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Art. 8 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 9 Repealed.
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Art. 9 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 10 Repealed.
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Art. 10 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 11 Repealed.
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Art. 11 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Chapter 3 the Ministry of the Interior Repealed Article 12.
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Art. 12 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 13 Repealed.
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Art. 13 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 14 Repealed.
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Art. 14 was modified by CORRECTION No. 40 of 18 December 1990 and published in the Official Gazette No. 148 of 20 December 1990.
Art. 14 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 15 Repealed.
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Art. 15 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 16 Repealed.
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Art. 16 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Chapter 4 duties of the Ministry of Internal Affairs Article 17 Interior Ministry has the following main tasks: Tasks relating to the enforcement of laws, public order and tranquility: a) repealed;
  

b) repealed;
  

b ^ 1) organizes and carries out information through specialized structures, obtaining, processing, checking, storage and use of information in the field missions, the personnel Ministry, heritage and defending State secrecy and service within the institution, as well as preventing and uncovering criminal offences, identify risk factors and threats to public safety;

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.
— — — — — — — — — — — —-a ^ 1) point 5 of article 4. 17 was introduced by EMERGENCY ORDINANCE nr. 218 of 24 November 2000 and published in the Official Gazette No. 606 of 25 November 2000.
EMERGENCY ORDINANCE No. 218 of 24 November 2000 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.
B ^ 1) to point 1 of article 2. 17 was introduced by EMERGENCY ORDINANCE nr. 29 of 26 February 2001 published in the Official Gazette No. 108 of 2 March 2001.
(A)), b), c)-r) of point 1 of article 2. 17 were repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.
Section 2-5 of article 23. 17 were repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.
Point 5 of article 4. 17 was amended by law No. 630 of 16 November 2001 published in the Official Gazette No. 754 of 27 November 2001.
(B) of article 1 ^ 1). 17 was amended by law No. 40 of 16 January 2002, published in Official Gazette No. 75 of 31 January 2002.


Article 18 Repealed.
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Art. 18 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 19 Repealed.
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Art. 19 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 20 Repealed.
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Art. 20 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 21 Repealed.
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Art. 21 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 21 ^ 1 (1) for the performance of duties under article 4. 17 lit. b ^ 1) and within them, the Ministry of the Interior is authorized to possess and use technical means for obtaining, processing, checking, storage and use of information and to conduct information gathering activities, open and/or covered under the law.
  

(2) some specific technique and goods are acquired by specialized information structures, contract with internal or external partners.
  

(3) the use of covert individuals is based on the approval given by the public prosecutor of the Supreme Court of Justice. The Organization of this work is done by order of the Minister of the Interior, for a period determined.
  

(4) the Ministry of the Interior may request from public authorities, individuals or legal information, data and documents necessary for the fulfilment of duties established by law, within the limits of art. 17 lit. b ^ 1).
  

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Art. 21 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 29 of 26 February 2001 published in the Official Gazette No. 108 of 2 March 2001.
Paragraphs 1 and 2. (1), (3) and (4) of article 3. 21 ^ 1 has been modified by law nr. 40 of 16 January 2002, published in Official Gazette No. 75 of 31 January 2002.


Article 22 Repealed.
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Art. 22 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Chapter 5 final provisions Article 23 Repealed.
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Art. 23 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 24 Repealed.
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Art. 24 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 25 Repealed.
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Art. 25 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.


Article 26 Repealed.
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Art. 26 was repealed by EMERGENCY ORDINANCE nr. 63 of 28 June 2003 published in Official Gazette No. 462 of 28 June 2003.
This law was adopted by the Senate at its meeting on 17 December 1990.
— — — — — — — — — — — — — — Law No. 40/90 has been amended by EMERGENCY ORDINANCE nr. 291 of 29 December 2000 published in MONITORUL OFICIAL nr. 706 of 29 December 2000.
Law No. 40/90 has been amended by ORDINANCE No. 88 of 30 august 2001 and published in the Official Gazette No. 544 as of September 1, 2001.
Law No. 40/90 has been amended by ORDINANCE No. 84 of 30 august 2001 and published in the Official Gazette No. 544 as of September 1, 2001.
Law No. 40/90 has been amended by ORDINANCE No. 83 of 30 august 2001 and published in the Official Gazette No. 543 from 1 September 2001.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Assembly of deputies at its meeting on 18 December 1990.
The PRESIDENT Of The ASSEMBLY Of DEPUTIES MARTIAN D

Pursuant to article 1. 82 lit. m) of Decree-Law No. 92/90 *) for the election of the Parliament and President, promulgăm the law on organisation and functioning of the Ministry of Interior and we have its publication in the Official Gazette of Romania.
— — — — — — — — — — — — — *) Decree-Law No. 92/1990 was repealed by law No. 69 of 15 July 1992, published in MONITORUL OFICIAL nr. 164 of 16 July 1992.
ROMANIAN PRESIDENT ION ILIESCU — — — — — — — — — — — — — — — — —