Advanced Search

Law No. 41 Of 18 December 1990 On The Organization And Functioning Of The Ministry Of National Defence

Original Language Title:  LEGEA nr. 41 din 18 decembrie 1990 privind organizarea şi funcţionarea Ministerului Apărării Naţionale

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LAW no. 41 41 of 18 December 1990 on the organization and functioning of the Ministry
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 147 147 of 19 December 1990



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 The Ministry of National Defence is the central body of executive power that organizes, leads and coordinates the activity in the field of defense, in order to ensure the independence, sovereignty and territorial integrity of Romania, as well as constitutional order. + Article 2 The Ministry of National Defence ensures, in its activity, the application of laws, decrees, government decisions, as well as the decisions of the Supreme Council of Defense of the Country. The Minister of National Defence is responsible for all the work the ministry is doing before the government, as well as, as a member of the government, before parliament. As a member of the Supreme Defence Council of the Country, the Minister of National Defence also responds to this body. + Article 3 In the exercise of his duties, the Ministry of National Defence collaborates with ministries and other state bodies and organizations. + Chapter 2 Organisation and operation + Article 4 The leadership of the Ministry of National Defence is exercised by the The Minister operates the Higher Military Council of the Army as an advisory body. + Article 5 The minister leads the ministry's entire activity and represents him in relations with the government, the other ministries, other state bodies and organizations in the country, as well as similar bodies in other countries. In application of legal provisions, the minister issues orders and instructions. + Article 6 In the exercise of his duties, the minister is aided by a secretary of state and chief of the General Staff, who is his rightful replacement, as well as 3-4 secretaries of state. The organizational structure of the Ministry of National Defence is approved by the government and includes: the General Staff, departments, directions, the Minister's Office, commands, inspectorates, wards, offices and compartments. The Secretary of State and Chief of the General Staff, as well as the secretaries of state and heads of departments, are hereby appointed by the government's decision. + Article 7 The Higher Military Council of the Army consists of: state secretaries, commanders or heads of gun orders, army, central directorates, gun inspectors, head of the legal compartment, staff with leadership positions, specialists with experience and high qualification, as well as other persons in the army, established by the Minister of National Defence President of the Army Higher Military Council is the Minister of National Defence. In the absence of the Minister, the President's duties shall be fulfilled by the Chief The Army's Higher Military Council operates on the basis of a regulation approved by the Minister of National Defence. + Article 8 The staff of the Ministry of National Defence consists of military and civilian personnel + Article 9 Duties and operation of units in the organizational structure, according to art. 6 6 para. 2, is approved by the Minister of National Defence. + Article 10 Within the Ministry of National Defence works: The endowment council, the Higher Council of Military Education, the Technical-Economic Council and the Scientific Research Coordination Commission, whose organization, duties and composition approved by the Minister of National Defence, at the proposal of the President of + Article 11 The Ministry of National Defence can be subordinated to autonomous kings, clubs, sports associations and cultural-artistic bands. + Chapter 3 Tasks + Article 12 The Ministry of National Defence has the following tasks a) bring to fruition the tasks of the Romanian defence system; b) analyze and propose the necessary measures to ensure the defense capacity of the country, the operative preparation of the territory, as well as the draft plan for the use of the army in case of war; c) ensures a permanent combat and mobilization capacity of the army and the preparation of reservists; pursues, controls and directs the preparation of mobilization of the country's economy at all levels, in order to ensure the permanent defense needs of the country; d) ensure the protection of the integrity of the territory, including the airspace and territorial waters; organize and ensure the defense of state borders; e) ensure the implementation of the cooperation plan with the Ministry of Interior, in connection with the intervention and missions of the units, including the use of armaments, ammunition and equipment, for the security and defense of important objectives of on the national territory, maintaining and restoring the order of law; f) presents or endorses, as the case may be, according to the regulations in force, draft normative acts; g) accomplishes the military and civilian personnel required to perform their duties; h) maintains relations of collaboration with the ministries of defense of the other states of the world; ensures, through its military attachés, the representation of the Romanian army in the relations with the armies of the states with which Romania has diplomatic relations; i) supports the work of the other ministries and other state bodies, as well as economic units that have tasks with regard to the country's defense, while controlling how they perform their tasks, in this domain, according to law; j) ensure, together with the other ministries and state bodies and economic organizations, the endowment of the army with weapons, modern military technique, constructions and materials necessary for the maintenance and accommodation of herds; k) approves, within the limit of his competence, the technical-economic documentation for the investment works and aims to execute them at the established deadlines; l) leads, directs and coordinates the foreign trade activity on the import of military technique and the provision of appropriate technical assistance, as well as the activity on the export of military-destination products and the documentation for m) collaborates with ministries and other state bodies, in order to produce military technique; n) establishes the rules of use, maintenance and repair for weapons, military technique and other goods, as well as consumer norms for ammunition and other materials, establishes the rules on planning, material insurance and financial, settlement, records and control of the material and money means necessary for subordinate units; o) perform the tasks related to the organization and functioning of civil and territorial defense in Romania; p) establishes the organization and functioning of the honorary councils for the adjudication of deviations from the hostile dignity enjoyed by the military from the permanent staff; r) take the necessary measures, according to the regulations in force, for the requisition of goods and the call for services, according to the needs of the army; s) leads and guides the military education, establishes and organizes military high schools, as well as military schools for the training of military foremen and subofficers, training centers and courses for the preparation and improvement of military; s,) approves the establishment, dislocation and relocation of units in peacetime to the exclusive brigade tier; t) equates military studies followed abroad with military studies in the country, in order to frame the respective staff in positions for which the organization states provide certain studies; establishes the criteria for the equivalence of studies between different institutions of military education, releasing acts of equivalence for this purpose, useful in the military; t,) develop regulations and military instructions necessary to train the army personnel; edit publications and works related to the field of activity of the army; u) coordinate and guide the research and design activity in subordinate units; v) performs any other duties provided by law. + Article 13 The Ministry of National Defence has the right, under the conditions provided by law, to request and obtain from central and local state bodies, as well as from natural and legal persons, data, information or documents, necessary to fulfill his duties. + Chapter 4 Final provisions + Article 14 Through the army, for the purposes of this law, the troops of the Ministry of National + Article 15 The Ministry of National Defence provides, according to the law, health, social care, pension rights and social security of staff, as well as of its families and followers. + Article 16 The Ministry of National Defence has its own fleet of motor vehicles for the central apparatus and subordinate units, which is established by the organization states of the units. + Article 17 The provisions of the law on the organization and functioning of ministries shall apply accordingly in the military, insofar as the present law is not otherwise ordered. + Article 18 On the date of entry into force of this Law, Decree no. 444/1972 on the organization and functioning of the Ministry of National Defence is This law was passed by the Senate at its meeting on December 17, 1990. 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 Pursuant to art. 82 lit. m) of Decree-Law no. 92/1990 for the election of the Romanian Parliament and President, promulgam Law on the organization and functioning of the Ministry of National Defence and we have its publication in the Official Gazette of Romania ROMANIAN PRESIDENT ION ILIESCU ---------------