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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070067/-legea-nr.-41-din-18-decembrie-1990-privind-organizarea-i-funcionarea-ministerului-aprrii-naionale.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 41 of 18 December 1990 on the Organization and functioning of the Ministry of national defence published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 147 of 19 December 1990, the Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 the Ministry of national defense is the central body of executive power that organizes, directs and coordinates the activity in the field of defence, in order to ensure the independence, sovereignty and territorial integrity of Romania, as well as the constitutional order.


Article 2 of the National Defence Ministry, in which it carries on business, law enforcement, Government decrees, decisions, and the decisions of the Supreme Council of Defense of the country.
The Minister of national defence is responsible for the entire business which it carries on in front of the Ministry to the Government, and, as a member of the Government, to Parliament.
As a member of the Supreme Council of national defence, Minister of national defence is responsible and in front of this body.


Article 3 in the exercise of his powers, the Ministry of national defence cooperates with the ministries and other State bodies and organizations.


Chapter 2, article 4 and operation the Ministry of national defence shall be exercised by the Minister. Advising the Minister of the Military work Army Council, as an advisory body.


Article 5 the Minister of the Ministry's entire activity and it represents in our dealings with Government, other ministries, other State bodies and organizations of the country, as well as with similar bodies in other countries.
Pursuant to legal provisions, the Minister issues orders and instructions.


Article 6 in the exercise of his powers, the Minister is assisted by a Secretary of State and Chief of the General staff, which is the replacement of his right and 3-4 State Secretaries. Organizational structure of the Ministry of national defence shall be approved by the Government and includes: General staff, departments, directorates, Cabinet Minister, commands, inspectorates, wards, offices and cubicles. The Secretary of State and Chief of the General staff, as well as State Secretaries and heads of departments shall be appointed by decision of the Government.


Article 7 the Council of Military Army consists of: Secretaries of State, the heads of headquarters commanders or weapon, army, central directorates you weapon inspectors, chief legal frameworks with compartment management specialists with high qualifications and experience, as well as others in the army, set up by the Minister of national defence.
Chairman of the Board of the Military Army National Defense Minister. In the absence of the Minister, the powers of the President's Chief of staff.
Superior Council of the Army operates under a regulation approved by the Minister of national defence.


Article 8 National Defence Ministry Staff consists of military and civilian personnel.


Article 9 Tasks and functioning of establishments in the organizational structure, according to art. 6 paragraph 1. 2, approved by the Minister of national defence.


Article 10 in the Ministry of national defense works: Council of Government Emergency Ordinance Nr.77/2009, superior Council of military education, technical-economic Council and the Commission on the coordination of scientific research, whose organisation, attributions and the component shall be approved by the Minister of national defence, at the proposal of the President of the Council or the Commission.


Article 11 National Defence Ministry may had to 1900, sporting clubs, associations and cultural-artistic formations.


Chapter 3 article 12 Tasks of the National Defense Ministry has the following specific duties: a) brings to fruition the tasks relating to the development of Romania's defence system;
  

b) examines and proposes the necessary measures to ensure the country's defense capacity, stock preparation, as well as the draft plan for the use of the army in case of war;
  

c) ensures a permanent capacity for fighting and mobilization of the army and training rezervistilor; aims, controls and directs the preparation of mobilization of the economy of the country at all levels, in order to ensure permanent defense needs of the country;
  

d) defend the integrity of the territory, including its airspace and territorial waters; organizes and ensures the defence of State borders;
  

e) ensure the implementation of the cooperation plan with the Ministry of the Interior, in conjunction with the intervention and missions, including the use of units of armaments, munitions and equipment technology, for guarding and defending important objectives of national territory, maintaining and restoring the rule of law;
  

f) presents or give consent, as appropriate, in accordance with the regulations in force, normative acts;
  

g) carries out the classification of the army military and civilian is necessary to achieve the tasks incumbent upon them;
  

h) maintains cooperation relations with the ministries of Defense of other countries of the world; ensure, through its military atasatii, representing the Romanian militaries in the relations with Romania with which it has diplomatic relations;
  

I) supports the work of other ministries and other State bodies and economic units that have tasks with respect to the defence of the country, controlling over at the same time, the way they carry out their tasks, in this field, in accordance with the law;
  

j) ensure, together with the other ministries and State bodies and economic organizations, endowing the army weaponry, modern military, construction technique and materials for maintenance and accommodation of populations;
  

k) approve, within the limits of its competence, technical and economic documentation for investment and pursue their enforcement within the time limits laid down;
  

l) leads and coordinates, directs the foreign trade activity relating to the importation of military technique and appropriate technical assistance, as well as work on the export of military products and the documentation therefor;
  

m) cooperates with the ministries and other State bodies, for the production of military equipment;
  

n) sets rules for use, maintenance and repair of armament, military technical and other equipment, as well as rules for ammunition and other materials, lays down the rules relating to planning, providing material and financial, book-keeping and control of settlement, means monetary and material necessary for subordinate units;
  

what tasks does a)-(i) in relation to the organisation and functioning of civil defence and territorial in Romania;
  

p) determines how the organisation and functioning of the Board of honour for prosecuting irregularities from ostaseasca dignity committed by soldiers from permanent frames;
  

r) take necessary measures, in accordance with the regulations in force, for rechizitionarea and the call to service, according to the army's needs;
  

s) leads and directs military education, establish and organise military schools, and military schools for preparing WOS and officer training centers and courses for training and improvement of the military;
  

s approve the establishment, deployment) and redislocarea units in peacetime until Echelon Brigade;

t) equates military trials followed abroad with military trials in the country, in order to advise the respective frameworks in functions for which provision is made in certain States, organizational studies; establishes criteria for equivalence of studies between different military education institutions and acts acts of equivalence for this purpose, useful in the army;
  

t) develops regulations and guidelines with military-like training army personnel needed; Edit publications and papers relating to the business of the army;

u) coordinates and directs the research and the design of the subordinate;
  

(v) any other duties) meets the prescribed by law.
  


Article 13 of the National Ministry of defence shall be entitled, under the conditions provided by law, to request and obtain from the Central and local bodies of the State, as well as from individuals and legal entities, facts, information or documents required for the performance of its duties.


Chapter 4 final provisions Article 14 By the army, for the purposes of this Act, the National Defence Ministry troops.


Article 15 the Ministry of national defense, law, healthcare, social, pension rights and social security personnel, and families and its followers.


Article 16 National Defence Ministry has its own car park for the headquarters and subordinate units, which is determined by organizational units ' States.


Article 17 the provisions of the law on the Organization and functioning of ministries shall apply accordingly in the army, to the extent that this law does not provide otherwise.


Article 18 on the date of entry into force of this law, Decree nr. 444/1972 on the Organization and functioning of the Ministry of national defence shall be repealed.
This law was adopted by the Senate at its meeting on 17 December 1990.
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 under article 13. 82 lit. m) of Decree-Law No. 92/1990 to elect the Parliament and President

promulgăm Law on organisation and functioning of the Ministry of national defence and we have its publication in the Official Gazette of Romania.
ROMANIAN PRESIDENT ION ILIESCU — — — — — — — — — — — — — — —