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Law No. 69 Of 26 November 1991, The Law On Local Public Administration

Original Language Title:  LEGE nr. 69 din 26 noiembrie 1991 LEGEA administraţiei publice locale

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LEGE No. 69 of November 26, 1991 *** Local public administration law
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 79 of 18 April 1996



Note * *) Republicated pursuant to art. III of Law no. 24 24 of 12 April 1996 , published in the Official Gazette of Romania, Part I, no. 76 of 13 April 1996, giving the articles and paragraphs the corresponding numbering. Law no. 69 69 of 26 November 1991 was published in the Official Gazette of Romania, Part I, no. 238 238 of 28 November 1991. + Chapter 1 General provisions + Article 1 (1) The public administration in administrative-territorial units is based on the principles of local autonomy, decentralization of public services, eligibility of local public administration authorities, legality and consultation of citizens in local issues of particular interest. (2) Local autonomy shall be administrative and shall be exercised only within the law. (3) Local autonomy concerns the organization and functioning of the local public administration and represents the right and effective capacity of local public administration authorities to resolve and manage, in their own name and under the responsibility to them, an important part of public affairs, in the interest of the local authorities they represent. Local collectivity means the totality of citizens of the administrative-territorial unit. (4) The application of the principles set out may be without prejudice to the unitary national character of Romania. + Article 2 (1) The administrative-territorial units are: communes, cities and counties. (2) The communes may consist of one or more villages and hamlets. (3) Some cities may be declared to municipalities under the law. Municipalities may have administrative-territorial subdivisions, the delimitation and organization of which are established by law. + Article 3 The delimitation of communes, cities and counties is established by law. Any modification of their territorial limits may be carried out only under the law and with prior consultation of citizens of the respective administrative-territorial units, by referendum that is organized according to the law. + Article 4 (1) The communes, cities and counties are legal persons. They have full capacity, possess a heritage and have the initiative in everything regarding the administration of local public interests, exercising, under the law, the authority within the established administrative-territorial limits. (2) As civil legal persons have property in the private domain, and as legal persons of public law are property owners of the public domain of local interest, according to the law. + Article 5 (1) The authorities of the public administration through which local autonomy is carried out in communes and cities are local councils, as deliberative authorities, and mayors, as executive authorities. Local councils and mayors are elected under the conditions provided by law. (2) The local public administration authorities may also be constituted in the administrative-territorial subdivisions of the municipalities. They are subordinated to the administrative authorities of the municipalities. + Article 6 Local councils and mayors function as autonomous administrative authorities and solve public affairs in communes and cities, under the conditions provided by law. + Article 7 In each county a county council is elected, as the authority of the public administration, which coordinates the activity of local councils in order to carry out public services of county interest. The county council chooses, among its members, the president, the vice presidents and the permanent delegation. + Article 8 The relations between the county and local public administration are based on the principles of autonomy, legality and collaboration in solving common problems. In relations between the local and county public administration there are no reports of subordination. + Article 9 In order to ensure local autonomy, the public administration authorities in communes, cities and counties develop and approve the revenue and expenditure budgets and have the right to establish and charge local taxes and fees, under the law. + Article 10 Problems of particular interest in administrative-territorial units can be subject, under the law, to the approval of the inhabitants, by local referendum. + Article 11 (1) The government shall appoint a prefect in each county and in Bucharest. (2) The Prefect is the representative of the Government locally. He heads the decentralized public services of ministries and other central bodies of public administration, organized in administrative-territorial units. + Article 12 (1) The Prefect may appeal, before the administrative court, the acts of the local public administration authorities, if they consider that they are illegal. (2) The contested act is suspended by law. (3) The Prefect shall respond according to the law, at the request of the local and county public administration authorities, if the administrative court determines that their act has been improperly attacked or in bad faith. + Chapter 2 Local councils + Section 1 Composition and constitution of local councils + Article 13 The councils of communes and cities are composed of councillors elected by universal, equal, direct, secret and freely expressed vote, under the conditions established by the Local Elections Act. + Article 14 (1) The number of members of each local council shall be determined by order of the prefect, according to the population of the commune or the city, reported by the National Commission for Statistics on January 1 of the current year or, as the case may be, on 1 July of the year preceding the elections, as follows: Number of city or city dwellers Number of councillors-up to 3,00011-between 3,001 and 5,00013-between 5,001 and 7,00015-between 7,001 and 10,00017-between 10,001 and 20,00019-between 20,001 and 50,00021-between 50.001 and 100,00023-between 100.001 and 200,00025-between 200.001 and 400.00031-over 400,00035 (2) The General Council of Bucharest is composed of 65 councillors. + Article 15 (1) The quality of the adviser is incompatible with: a) the position of prefect and sub-prefect; b) the status of official in the own apparatus of the respective communal, city and county councils and prefectures, as well as the ruler of the autonomous direction of local or county interest and of the specialized public service of the council local or county; c) the function of mayor; d) as deputy, senator, adviser to the President of Romania or member of the Government. (2) Other incompatibilities may be established by law. + Article 16 (1) The establishment of local councils shall be made within 20 days from the date of elections. The convocation of the councillors at the establishment meeting is made by the prefect. The prefect or his representative shall attend the establishment meeting. The mayor will also be summoned to the meeting, even if the procedure for his validation has not been completed. (2) The sitting is legally constituted, if at least two thirds of the number of elected councillors participate. If this majority cannot be ensured, the meeting will be held, by right, in 3 days, under the same conditions. If even at the second convocation the meeting cannot be legally constituted, a new convocation will be carried out, in another 3 days. At the new convocation, the meeting will be legally constituted, if the presence of the majority of elected councillors is ensured. If the council cannot be constituted even at the last convocation, due to the absence, without thorough reasons, of the councillors, the prefect will declare vacant the seats of the elected councillors, who have been unmotivated since the 3 convocations previous, if they cannot be replaced by the alternates on the respective lists, and an additional election will be held, within 30 days, under the conditions of the Law on local elections. The prefect's order declaring holidays the places of councillors who have been unmotivated can be attacked by those concerned, at the administrative court, within 5 days of communication. The judgment of the first court is final and irrevocable (3) The absence of councillors from the establishment meeting is motivated, if, because of the disease, they are untransportable or if they are abroad for work. (4) The works of the establishment meeting are led by the oldest councillor, assisted by 2 councillors among the youngest. + Article 17 (1) Local councils shall choose, among their members, for the entire term of office, a validation commission made up of 3-7 councillors. (2) The Commission shall examine the legality of the election of each adviser and shall propose to the Council the validation or (. The validation commission may propose the invalidation of the election of an adviser only if: a) finds the existence of incompatibilities or violation of the eligibility conditions; b) the choice of the adviser was made by electoral fraud, found by the Central Electoral Bureau, or by any other violation of the Law on local elections. (4) The validation or invalidation of the mandates is made with the vote of the majority of the councillors present at the The person whose mandate is subject to validation or invalidation shall not participate in the vote. (. The Council shall be legally constituted after the validation of the mandates of at least two thirds of its members. (6) The decisions on validation or invalidation of councillor mandates may be appealed by those interested, at the administrative court, within 5 days from adoption or from communication, in the case of those absent from the meeting. The court's ruling is final and irrevocable. + Article 18 ((1) Councillors whose mandates have been validated shall submit before the council the following oath: "I swear to respect the Constitution and the laws of the country and to do, in good faith, all that lies in my powers and skill for the good of the inhabitants of the commune (city, county) ...". (2) Counselors who refuse to be sworn in shall be considered resigned by law. (3) After the swearing-in, the counselor who led the establishment meeting declares the constituted legal council. + Article 19 The term of office shall cease before the deadline, in case of death; resignation; incompatibility; change of domicile in another administrative-territorial unit; unmotivated lack of more than 3 consecutive ordinary meetings of the council; impossibility to be exercised for a period of more than 6 months; if it was found, by final court decision, after the validation of the mandates, that the election was made by electoral fraud or by any other violation of Law on local elections; in case of conviction by final court decision at a custodial sentence; in case of prohibition for debility or mental alienation or in case of loss of electoral rights. The termination of the term of office shall be determined by decision of the In case of resignation, the adviser may return to it, pending the adoption of the judgment. + Section 2 Tasks of local + Article 20 (1) The local council has the initiative and decides, in compliance with the law, in matters of local interest, except those that are given by law in the competence of other public authorities. (2) The local council has the following main tasks: a) choose, among the councillors, the deputy mayor or, as the case may be, the deputy mayors; b) approves the status of the commune or the city and the regulation of functioning of the council, on the basis of the statute and the indicative framework regulation, elaborated c) approve studies, indicative forecasts and programs of economic-social development, organization and spatial planning; d) approve, at the proposal of the mayor, the organizational chart, the number of personnel in the council's own apparatus, as well as the regulation of organization and functioning of the It also approves the organizational charts and the number of personnel at the autonomous regions and the specialized public services of the local council; e) approve the local budget, the formation, administration, and its execution; approve the credit transfers and the use of the budget reserve; approve the loans and the closing account of the budget year; f) establishes local taxes and fees, as well as special taxes, in limited time, under the law; g) manages the public and private domain of the commune or the city and exercises the rights provided by law regarding the autonomous regions it has established; h) establishes institutions and economic agents of local interest; decides on the concession or rental of public goods or services of local interest, as well as on participation, with capital or with goods, in companies for carrying out works and services of local public interest, under the law; i) appoint and issue from office, under the law, the heads of economic agents and public institutions of local interest, which are under his authority; j) pursues, controls and analyzes the activity of economic agents and public institutions, which are under his authority; k) establish specific rules for public institutions and economic agents of local interest, which are under its authority, in compliance with the general criteria established by law; l) organize public services of communal management, local transport, publishing networks and others, in conditions of efficiency and operativeness, and ensure their proper functioning; m) approves, under the law, the plans for the organization and urban development of localities in the composition of administrative-territorial units, as well as the arrangement of the territory and the measures necessary to achieve them; legal competences, technical-economic documentation for investment works of local interest and ensure the necessary conditions for their realization, at term and in quality conditions; n) ensure, within the framework of its competences, the conditions necessary for the proper functioning of educational, sanitary, cultural, youth and sports institutions, according to the law; o) take measures to create the conditions necessary to spend the free time of citizens and ensure the conduct of scientific, cultural, artistic, sports and leisure activities; p) acts for the restoration and protection of the environment in order to increase the quality of life; contributes to the protection and preservation of historical and architectural monuments, parks and nature reserves; r) contribute to the implementation of protection and social assistance measures; s) ensure freedom of trade and fair competition and encourage free initiative, under the law; s) establish and ensure the functioning of charitable institutions of local interest; t) ensure the defence of public order, respect for the fundamental rights and freedoms of citizens; t) organize fairs, markets, shutters, places and amusement parks and ensure their proper functioning; u) give Romanian or foreign individuals, with special merits, the title of honorary citizen of the commune or of the city; v) decides, under the law, association with other local or county public administration authorities for the realization of works and services of public interest, as well as collaboration with economic agents from the country or abroad, in order to the implementation of actions or works of common interest; x) decides to establish cooperation, cooperation and twinning links with localities abroad; y) supports the activity of religious cults, under the law. (3) The local council shall exercise other powers established by law or by the status of the commune or the city. + Section 3 Functioning of local + Article 21 (1) The local council shall be elected for a term of 4 years, which may be extended by organic law, in times of war or catastrophe. (. The Council shall exercise its mandate from the date of establishment until the date of declaration as legally constituted of the new elected council. (3) The legal council constituted by open vote, by simple majority, for the duration of a meeting, a president. + Article 22 The mayor is obliged to make available to councillors, at their request, no later than 15 days, according to the regulation of operation of the local council, the information necessary to fulfill the mandate. + Article 23 (1) The local council meets at the regular meeting, monthly, at the convocation of the mayor. (2) He may meet at an extraordinary meeting, whenever necessary, at the request of the mayor or at least one third of the number of the members of the council. ((3) The convocation of the local council shall be made at least 5 days before the ordinary meetings or at least 3 days before the extraordinary meetings. (4) In case of force majeure and of maximum urgency for the resolution of the interests of the inhabitants of the commune or of the city, the convocation of the local council ((5) Convocation shall be made in writing and shall be recorded in the minutes of the hearing. The invitation to the meeting will specify the agenda, date, time and place of its conduct. (6) The agenda is brought to the attention of the inhabitants of the commune or of the city through the local press or by another means of advertising. In administrative-territorial units where national minorities have significant weight, the agenda is brought to the attention of citizens and their language. + Article 24 (1) The meetings of the local council are legally constituted if the majority of the councillors are present in office. (2) The presence of counselors at meetings is mandatory. If an adviser absentees twice consecutively, without thorough reasons, he may be sanctioned under the terms of the council's operating regulation. ((3) If the council does not meet for 3 consecutive months or has not adopted in 3 consecutive meetings any decision, as well as in a situation where the number of councillors is reduced under half plus one and cannot be completed by Alternates, it dissolves from the right. (4) The dissolution of the right of the council is communicated by the mayor to the prefect, who, by order, takes note of the dissolution of the council and proposes to the Government to organize new elections. (5) The prefect's order can be appealed by councillors to the administrative court, within 10 days of communication. (6) The setting of the election date will be possible only after the expiry of the term provided in (5) or after the final stay of the court decision rejecting the action of the councillors, within 30 days. + Article 25 (1) The meetings of the local council shall be public, except in cases where the councillors decide, by a majority of votes, that they be carried out in closed doors. (2) The proceedings of the meetings shall be held in the official language of the (3) The budget issues will always be discussed at the public meeting. + Article 26 (1) The debates in the meetings of the council shall be recorded in a minutes signed by the sitting president, the secretary and at least 3 councillors. (. At the beginning of each meeting, the Secretary shall present the minutes of the previous meeting and shall submit it to the Council Councillors have the right to contest the content of the minutes and to ask for the exact mention of the opinions expressed in the previous meeting. (3) The minutes and documents that were debated at the meeting shall be submitted in a special file of the respective meeting, which will be numbered, signed and sealed by the sitting president, by the secretary and by the advisers provided in par. ((1). + Article 27 The agenda of meetings is approved by the council, on the proposal of the one who, under the conditions of art. 23, called for the council meeting. Changing the agenda can only be done for urgent problems. + Article 28 (1) In the exercise of their duties, the local council shall adopt decisions, with the vote of the majority of the members present, apart from the cases in which the law or the regulation of operation of the council requires In the event of parity of votes, the judgment shall not be adopted and the proceedings shall be resumed at the following meeting ((2) Decisions regarding the administration of the public and private domain of the commune or the city, the organization and urban development of the localities and the arrangement of the territory and the association with other councils, public institutions or economic agents in the country and from abroad it is adopted with the vote of at least two thirds of the number of councillors in office. (3) The decisions on the local budget, as well as those establishing local taxes and fees, shall be adopted by the vote of the majority of the councillors in office. If the budget cannot be adopted after two consecutive readings, which will take place at an interval of no more than 5 days, the activity will take place on the basis of the previous year's budget, until the adoption of the new budget. (4) The Council may decide that some decisions should be taken by secret ballot. Decisions about people will always be taken by secret ballot. (5) The draft decisions may be proposed by the councillors or by the mayor. The drafting of the projects is done by those who propose them. + Article 29 (1) The decisions of the local council shall be signed by the sitting president, shall be countersigned by the secretary and shall be communicated to the mayor. If the sitting president is unable to sign or refuse to sign, the ruling will be signed by one of the advisers present. (2) The normative decisions become mandatory from the date of bringing them to public knowledge, and the individual ones, from the date of communication. (3) The public knowledge of the normative decisions shall be made only after the expiry of the term in which the prefect may exercise the appeal before the administrative court or after the final stay of the decision the court by which the prefect's action was rejected. (4) In the administrative-territorial units where the national minorities have a significant share, the decisions shall be brought to the attention of the citizens and in their language. + Article 30 (1) It may not take part in the deliberation and at the adoption of decisions the adviser who, either personally or by husband, wife, afin or relatives up to the fourth degree inclusive, has a patrimonial interest in the matter subject to the debate of the council. (2) Decisions taken by the local council in violation of the provisions of par. (1) may be cancelled, under the law. + Article 31 The problems listed on the agenda of the local council meeting cannot be debated, as a rule, if they are not accompanied by the specialized report of the relevant compartment in the council's own apparatus, which will be developed within 30 days. days after the originator's request, as well as the opinion of the Board's expert committee. + Article 32 (1) The councillors shall be jointly and severally liable for the work of the local council to which they belong and for their decisions, which they voted. Each adviser shall also be responsible for his/her own work in the exercise of his (2) At the request of the councillors, their vote will be recorded in the minutes of the meeting. + Article 33 (1) The local council may be dissolved, if it has adopted repeated judgments, which were irrevocably annulled by the court as they contravened the general interests of the state or violated the Constitution and the laws of the country. (2) The dissolution of the council shall be made by Government decision, on the reasoned proposal of the prefect, based on the final judgments of the court. The decision and the reasons behind its issuance shall be brought to the attention of the members of the council by the prefect, within 5 days from its publication in the Official Gazette of Romania. (3) The dissolution decision can be appealed by councillors to the administrative court, within 10 days from the date of bringing to the attention according to par. ((2). In this case, the prior procedure provided for by law is no longer carried out. The introduction of the action suspends the execution of the (4) The date for the organization of the election of the new local council shall be established by the Government, at the proposal of the prefect, within 30 days from the expiry of the deadline provided in par ((3) or, as the case may be, from the final stay of the court decision rejecting the action of the councillors. (5) Until the new council is established, the mayor will solve the current problems of the commune or the city. + Article 34 (1) In the exercise of office, the counselors are in the service of the local community, being protected by the law. (2) Only upon the reasoned referral of the court or the Prosecutor's Office, the prefect may order, by order, the suspension from office of the councillor, if he has been sent to trial for the commission, with intent, of a criminal act, as well as in the situation in which the criminal action was set in motion, if it was taken against him to measure preventive arrest. (3) The suspension lasts until the final settlement of the case, unless the Prosecutor's Office or the court has requested the lifting of this measure before. The suspension order shall be communicated immediately to the counsel. (4) Against the suspension order the adviser can apply to the court under the law of the administrative litigation, within 10 days of being informed. + Article 35 (1) At the works of the local council may participate, without voting rights, the prefect, the president of the county council, their representatives, the parliamentarians, as well as the persons invited by the local council, whose presence is considered useful. (2) The citizens of the villages and of the hamlets who do not have elected councillors in the local councils will be represented at the meetings by a village delegate. It is elected during a mandate of the local council by a village assembly, made up of one representative from each family, held in the presence of the mayor or deputy mayor. When discussing the issues concerning the respective villages, the village delegates will be compulsorily invited. Their vote is advisory. + Article 36 (1) After the establishment, the local council organizes its specialized commissions, in the main fields of activity. (2) Only counselors may be members of the specialized committees. (3) The specialized committees shall elect a president and a secretary. (4) The specialized committees shall endorse the draft decisions in their field of activity. (5) The specialized committees shall work in plenary and shall take decisions with the vote of the majority of their members. (6) The organization, operation and duties of the specialized committees shall be established by the regulation of the local council. + Chapter 3 Mayor + Article 37 (1) The communes, cities and municipalities have one mayor and one deputy mayor; the county seat municipalities and the sectors of Bucharest municipality have one mayor and 2 deputy mayors, and the city of Bucharest has a general mayor and 4 deputy mayors, elected in the law. (2) The mayor shall attend the meetings of the local council. (3) During the term of office of mayor and deputy mayor, their employment contract at public institutions, autonomous regions or commercial companies with majority state capital shall be suspended. + Article 38 (1) The validation of the election of the mayor shall be made within 20 days from the date of the elections, in the council chamber, by a judge appointed by the president of the court in whose territorial area the commune, the city or the subdivision administrative-territorial. (2) The validation of the election of the general mayor of Bucharest is made by a judge appointed by the president of the Bucharest City Court. (3) The validation of the mayor's election may be pronounced in the cases provided for in 17 17 para. ((3). (4) The result of the validation shall be presented at the establishment meeting of the local council or, as the case may be, in an extraordinary meeting, by a judge or a delegate of the prefect. (5) In case of invalidation of the mayor's mandate, elections shall be held no later than 45 days from the date of invalidation, under the conditions established by the Law on local elections. + Article 39 (1) The mayor shall submit before the local council the oath provided in art. 18. In special situations, the oath can also be taken before the president of the court that validated the election of the mayor. (2) The mayor who refuses to be sworn in is considered resigned by law. + Article 40 (1) The mayor's mandate is 4 years and is exercised until the swearing-in of the newly-elected mayor. The mayor's mandate can be extended, by organic law, in times of war or catastrophe. (2) The mandate ceases before the deadline in case of death; resignation; incompatibility; change of domicile in another administrative-territorial unit; impossibility to be exercised for a period of more than 6 months; if found by judicial decision, remaining final after the validation of the mandates, that the election was made by electoral fraud or by any other violation of the Law on local elections; in the case of final conviction to a custodial sentence, as well as in the case of being banned for debility or mental alienation or in loss of electoral rights. (3) In the situations provided in par. (2), the local council shall adopt a decision taking note of the termination of the mayor's office and shall declare his office vacant. (4) In case of resignation, until the adoption by the local council of the decision provided in par. (3), the mayor can return to resignation. + Article 41 (1) The mayor may be dismissed from office for the reasons provided in art. 33 33 para. ((1), which shall apply accordingly, if its acts have been issued in bad faith. (2) The dismissal of the mayor, based on the final decisions of the court, is made by decision of the Government, on the reasoned proposal of the prefect. The decision and the reasons behind its issuance shall be brought to the attention of the mayor by the prefect, within 5 days from the publication of the decision in the Official Gazette of Romania. (3) The dismissal decision can be appealed by the mayor to the administrative court, within 10 days from the date of bringing to the attention according to par. ((2). In this case, the prior procedure provided for by law is no longer carried out. The introduction of the action suspends the execution of the dismissal + Article 42 (1) The mayor and the general mayor of the capital are the heads of the local public administration and answer to the council for its proper functioning. (2) The mayor represents the commune or the city in relations with natural or legal persons in the country and abroad, as well as in justice. (3) The mayor's distinctive sign is a scarf in the colors of the national flag. (4) It is mandatory to wear scarves to solemnities, receptions, public ceremonies and to the celebration of marriages. (5) The model of this scarf will be determined by Government decision. + Article 43 In the exercise of the duties of civil status officer and guardianship authority, as well as of the tasks of the normative acts regarding the census, the organization and conduct of elections, bringing to the attention of citizens of the laws, as well as other such duties, established by laws, the mayor also acts as a representative of the state in the commune or in the city where he was elected. (2) In exceptional cases, if the mayor refuses or is unable to exercise some of the duties provided in par. (1) or in other special laws, these duties shall be exercised by the Secretary. + Article 44 (. The Mayor shall perform the following main tasks: a) ensure respect for the fundamental rights and freedoms of citizens, the provisions of the Constitution and the laws of the country, the decrees of the President of Romania, the Government's decisions, the acts issued by ministries and other authorities of central public administration, of the decisions of the county council; b) ensures the execution of the decisions of the If he considers that a decision of the latter is illegal, within 3 days from the date of taking it to the attention of the prefect; c) can propose to the local council the consultation of the population, by referendum, on local issues of particular interest and, based on the decision of the council, take measures to organize this consultation; d) present to the council, annually or whenever necessary, reports on the economic and social state of the commune or the city; e) prepare the draft of the local budget and the final account of the budget year and submit them to the council; f) exercise the rights and ensure the fulfilment of the obligations of the commune or the city as a civil legal person; g) exercise the function of principal authorising officer; h) verify, ex officio or on request, the collection and expenditure of the amounts from the local budget and immediately communicate to the council the findings; i) take measures to prevent and limit the consequences of calamities, catastrophes, fires, epidemics or epizootic diseases, together with the specialized bodies of the state. To this end, it can also mobilize the population, economic agents and public institutions in the commune or the city, which are obliged to execute the established measures; j) ensure the public order and peace of the inhabitants, through the public guards and with the help of the gendarmerie, police, firefighters and civil defence, who have the obligation to respond to his requests, under the law; k) directs and supervises the work of public guards, according to contractual commitments; l) take the measures provided by law on the conduct of public assemblies; m) takes measures to prohibit or suspend performances, performances or other public events that contravene the law or attacks on good morals, public order and peace; n) control the hygiene and sanitation of public places and food products on sale for the population, with the support of specialized bodies; o) take measures to prevent and combat animal hazards; p) ensure the elaboration of the local urban planning regulation and the urban planning and planning documentation and submit them to the approval of the local council, in compliance with the provisions of the law; r) ensure the maintenance of public roads in the commune or in the city, implantation of traffic signs, normal conduct of road and pedestrian traffic; s) supervises fairs, markets, shutters, places and amusement parks and takes operative measures for their proper functioning; s) leads local public services; ensures the functioning of civil status services and guardianship; supervises the implementation of assistance and social assistance measures; t) performs the function of civil status officer; t) issue the opinions, agreements and authorizations provided by law; u) elaborates the draft staff status, proposes the organizational structure, the number of personnel and its salary and submits them for approval to the local council; v) appoints and releases from office the staff in the own apparatus of the local council, except the secretary; proposes to the local council the dismissal of the heads of economic agents and public institutions of local interest, which is under the authority of that local council; x) controls the activity of the staff of the local council; y) supervises the inventory and administration of goods belonging to the commune or the city. (2) The Mayor also performs other duties provided by law or entrusted by the local council. + Article 45 The mayor presents quarterly or at the request of the local council information on the execution of decisions adopted by the + Article 46 (1) The mayor delegates to the deputy mayors, by provision issued within 30 days of validation, the exercise of some of his duties according to art. 44, especially those provided in lett. k), n), r), s) and y), except as provided in lett. a)-g), i), j), l), m) and t). (2) The duties of civil status officer may be delegated to the deputy mayor, secretary or other officials with competence in this field. (3) The duties of the mayor, according to art. 43 43 para. ((1), with the exception of those of civil status officer, cannot be delegated. + Article 47 (1) The deputy mayor is elected with the secret ballot of the majority of councillors in office. He retains his quality as an adviser. The term of office of the Deputy Mayor shall be equal to that of the Art. 40 40 para. ((2) and (3) shall apply accordingly. (2) The dismissal of the deputy mayor is made by the local council, at the proposal of one third of the number of councillors, by decision adopted with the vote of two thirds of the number of councillors in office. Art. 41 41 para. ((3) shall apply accordingly. + Article 48 (1) In the exercise of his duties, the Mayor shall issue They become enforceable after being brought to the attention of interested persons. (2) The mayor finds the violations of the law and adopts the legal measures to remove them or, as the case may be, notify (3) The provisions of art. 29 29 para. ((4) shall apply accordingly. + Article 49 (1) In the exercise of office, the mayor shall be protected by law. (2) The Prefect may order, by order, the suspension from office of the mayor in cases in which he was sent to trial for the commission, with intent, of a criminal act, as well as in the situation in which the criminal action was set in motion, if took against him the measure of preventive arrest. (3) The suspension may be ordered only at the reasoned request of the court or the Prosecutor's Office. (4) The suspension lasts until the final settlement of the case, unless the Prosecutor's Office or the court has requested the lifting of this measure before. (5) The suspension order shall be communicated immediately to the mayor. Against the suspension order, the mayor can address the court under the terms of the Administrative Litigation Law, within 10 days of being informed. (6) If the suspended mayor of office has been found not guilty, he is entitled to compensation, under the law. (7) The provisions of this Article shall also apply accordingly to the deputy mayors, their suspension being ordered by the local council by decision, adopted by most councillors in office. + Article 50 (1) In case of holiday of the office of mayor, as well as in case of suspension from office, his duties will be exercised, by right, by the deputy mayor, until the validation of the mandate of the new mayor or, as the case may be, until the end of the suspension. (2) In the situation referred to in par. (1), the local council delegates, by decision, among its members, an adviser, who will temporarily fulfill the duties of the deputy mayor. (3) In the situation in which they are suspended from office, at the same time, both the mayor and the deputy mayor, the local council delegates an adviser who will carry out both the duties of the mayor and the deputy mayor, until the end of the suspension. (4) If they become vacant, at the same time, both the office of mayor and the deputy mayor, the local council shall elect a new deputy mayor, the provisions of par. ((1) and (2) applying until the election of a new mayor. The Government's establishment of the date of election of the new mayor will be made within 30 days from the date when the two positions became vacant. + Chapter 4 Local Public Secretary and Services + Section 1 Secretary + Article 51 Each commune, city and administrative-territorial subdivision of the municipality has a salarized secretary from the local budget. The secretary is a civil servant, with higher legal or administrative studies. Exceptionally, in communes and cities with less than 30,000 inhabitants, as secretary they can also be appointed persons who have other higher education or only baccalaureate. The secretary may not be a member of a party or a political party, under penalty of release from office. + Article 52 (1) The appointment of the secretary is made by the prefect on the basis of the proposals of the local council, at the initiative of the mayor, on the basis of (2) The contest or examination shall be organized by the mayor, according to the law, within 45 days from the date on which the post became vacant. From the competition or examination committee, a representative of the prefect, of the president of the county council and of the respective local council will be part of the competition or examination committee. receipt of proposal ((. The Secretary shall enjoy stability in office and shall be subject to the rules contained in the Staff Regulations. (4) The release from office of the secretary shall be made by the prefect, only at the proposal of the local council, adopted with the vote of at least two thirds of the number of councillors in office, at the initiative of the mayor or one third of the number of councillors. (5) The disciplinary sanction of the secretary shall be made by the prefect, at the proposal of the mayor or the local council, under the law. + Article 53 (1) The Secretary fulfils, under the law, the following main duties: a) attend meetings of the local council; b) ensure the proper functioning of the compartments and legal activities within the own apparatus of the local council; c) endorses the draft decisions of the local council, assuming responsibility for their legality; d) receives and distributes the correspondence; it aims to achieve the response within e) ensure the performance of secretarial work f) ensure that the local council convenes g) prepares the works submitted to the local council h) communicate and submit, within 10 days, if the law does not provide otherwise, to the authorities and interested persons, the acts issued by the local council or by the mayor; i) ensure that decisions and provisions of general interest are brought to the public knowledge; j) issue extracts or copies of any act in the archive of the council, other than those of a secret nature established according to the law; issue extracts or copies of civil status documents; k) legalize signatures and confirm the authenticity of the children with the original documents, except those that are issued by the central public authorities; l) ensure the functioning of civil status compartments, guardianship and social protection; m) related to cult organizations in the administrative-territorial unit and makes proposals to the mayor or local council for the resolution of problems related to their good functioning. (2) The Secretary shall also perform other duties provided by law or entrusted by the local council or by the mayor. + Section 2 The public services of the commune, the city and the local council apparatus + Article 54 The public services of the commune or the city are organized by the local council, in the main fields of activity, according to the local specificity and needs, in compliance with the legal provisions and within the financial means Dispose. + Article 55 (1) The appointment and dismissal of the staff from the public services of the commune and of the city shall be made by their leaders, under the law. (2) The appointment and dismissal of the staff from the local council's own apparatus shall be made by the mayor, under the law. (3) The local council may recommend, motivated, the mayor, the dismissal of the heads of the compartments in his own apparatus. + Article 56 The local council approves regulations for the organization and functioning of its own apparatus, establishes the powers and duties of the staff, under the conditions provided by + Article 57 ((1) Conditions regarding the appointment, hiring, promotion, sanctioning and dismissal, rights and obligations of the public service personnel of the commune and of the city, as well as of the staff of the local council's own apparatus, are established by law and regulations. (2) The officials of the local council shall enjoy stability in office and shall be subject to the provisions of the Staff Regulations. + Article 58 (1) In the relations between citizens and local public administration authorities, the Romanian language is used. ((2) Citizens belonging to national minorities, in their relations with local public administration authorities and their apparatus, may address orally or in writing and in their mother tongue. (3) The applications submitted in writing will be accompanied by their translation into Romanian. ((. If the representative of the public authority or its official does not know the language of that minority, an interpreter shall be used. + Article 59 The mayor, deputy mayor, secretary of the commune, city or municipality, together with his own apparatus of the local council constitute the town hall of the commune, city or municipality, a public institution with permanent activity that brings the decisions of the local council and resolve the current problems of the local community in which it operates. + Chapter 5 County Council + Section 1 Composition and constitution of county council + Article 60 (1) The county council is authority of the county public administration. (2) The county council consists of councillors elected under the conditions of the Law on local elections. + Article 61 The number of councillors of each county council is established by order of the prefect, depending on the population of the county, reported by the National Commission for Statistics on January 1 of the current year or, as the case may be, on July 1 of the year preceding the elections, as follows: Number of county residents Number of councillors-up to 350,00037-between 350.001 and 500,00039-between 500.001 and 650,441-over 650,45 + Article 62 At the constitution of the county council, the provisions of art. 15 15-19 and 36. + Section 2 County council tasks + Article 63 (1) The county council is the authority of the county public administration for the coordination of the activity of the communal and city councils, in order to carry out public services of county interest, and exercises, in this regard, Main: a) coordinate the activity of local councils, in order to achieve public services of county interest; b) organize and conduct the county public services and approve their regulations; c) give local councils and their own apparatus, as well as public services of communes and cities, support and technical assistance, legal and any other nature, at their request; d) analyze the proposals made by communes and cities, in order to develop economic forecasts or to restore and protect the environment; e) adopt programs and forecasts of economic and social development of the county and aim to achieve them; f) adopt the county's own budget and the closing account of the budget year; g) establishes the general guidelines on the organization and urban development of the localities, as well as the spatial planning; h) manages the public and private domain of the county; i) ensure the construction, maintenance and modernization of roads of county interest, as well as of connecting roads with neighboring counties; j) choose from among the counselors and issue from office, under the present law, the president, vice-presidents and the permanent delegation; k) adopt its own rules of operation; l) approve, within the limits of the legal norms, the organizational chart and the number of personnel in its own apparatus m) establishes taxes and county taxes, as well as special taxes on limited time, under the law; n) decides, under the law, the establishment of institutions and economic agents of county interest, the acquisition, concession or lease of goods from the private domain and public services of county interest, as well as the participation with goods and capital at companies, for the realization of works and services of county interest; o) appoints and releases from office the leaders of economic agents under his authority and of public institutions of county interest; pursues and controls their activity, analyzing their reports quarterly; p) establish indicative rules for autonomous regions or for the companies they set up; r) establish social-cultural and sanitary institutions and ensure their proper functioning; s) ensure conditions for the organization and conduct of scientific, cultural-artistic, sports and youth activities; s) assigns, under the law, to the proposal of local councils, names of streets, markets and objectives of local interest; t) decides, under the law, association with other local or county public administration authorities for the realization of works and services of public interest, as well as collaboration with economic agents in the country or abroad, in order to carrying out joint actions or works of common interest. (2) The county council also performs other duties established by law. + Section 3 County council operation + Article 64 (1) The county council shall be elected for a term of 4 years, which may be extended, by organic law, in case of war or catastrophe. (2) The county council shall exercise its mandate from the date of establishment, until the declaration as legally constituted of the new elected council. + Article 65 (1) The county council shall meet in ordinary meetings every two months. (2) The county council may meet in extraordinary meetings whenever necessary, at the request of its chairman, at least one third of the number of its members or of the permanent delegation. (3) The convocation of the county council shall be made by its chairman, at least 10 days before the ordinary meetings or at least 3 days before the extraordinary ones. (4) Provisions art. 24 24, art. 25 25 and art. 27 27 shall apply accordingly. ((5) Convocation shall be made in writing and shall be recorded in the minutes of the hearing. The invitation to the meeting will specify the agenda, the date and place of its conduct. + Article 66 The county council, in the exercise of its duties, adopts decisions The decisions shall be signed by the chairman of the county council or the vice-president who led the meeting and shall be countersigned by the secretary. + Article 67 (1) The county council shall elect among its members, during the term of office, the chairman and 2 vice-presidents of the council, 4 or 6 councillors, respecting, as far as possible, its political configuration, which, together, constitute the permanent delegation. (2) The president and vice-presidents of the county council are also president and vice presidents of the permanent delegation. (3) The president and vice-presidents of the county council shall be elected with the vote of the majority of councillors (4) The release from office of the President and the Vice-Presidents may be made by the county council, at the proposal of at least one third of the number of councillors, if the requirements of the law for the dismissal of the mayor are met and only with the vote of two thirds of the number of councillors in office. (5) During the exercise of the mandate, the employment contract of the president and vice-presidents of the county council at public institutions, autonomous regions and commercial companies with majority state capital shall be suspended. + Article 68 (1) The permanent delegation of the county council, constituted according to art. 67, performs the following main tasks: a) draw up the draft agenda of the council meeting; b) analyze the draft decisions that will be submitted to the council for debate and adoption and ensure their foundation; c) prepares the smooth conduct of the works of the council meetings, ensuring the proper preparation of all the documents submitted to the debate; d) proposes to the president to convene extraordinary meetings; e) subject to the approval of the Board the Regulation f) establishes the necessary measures to comply with the decisions of the county council and analyzes, periodically, the stage of their fulfilment. (2) The permanent delegation shall perform any other tasks established by law or by the regulation of functioning of the county council, elaborated and approved in compliance with the legal norms. ((3) The organization and functioning of the permanent delegation shall be determined by the rules of operation of the council. (4) The Secretary of the County shall also be the Secretary + Article 69 The meetings of the permanent delegation may assist the prefect or his representative. + Article 70 (1) The president of the county council is the head of the county public administration and responds to the proper functioning of the specialized departments in the own apparatus of the county council, as well as of the economic agents Council. (2) The president of the county council represents the county in relations with the other public authorities, with individuals and legal entities in the country and abroad, as well as in justice. (3) The own apparatus of the county council shall be subordinated to its chairman. + Article 71 (1) The president of the county council meets, under the law, the following main duties a) leads the meetings of the county council and the permanent delegation b) ensure the execution of the county council decisions c) supports the activity of institutions and autonomous regions of county interest; d) exercise the powers of the county as a legal person; e) exercise the function of principal authorising officer; f) prepares the draft own budget of the county and the closing account of the budget year and submits them for approval to the council; g) appoints, sanctions and releases from office the staff from the own apparatus of the county council, under the law; h) presents to the council, annually or whenever necessary, reports on the state and activity of the county administration, as well as on the economic and social state of the county. (2) The president of the county council also performs other duties provided by law or entrusted by the county council. + Article 72 The president of the county council issues individual provisions. They become enforceable after being brought to the attention of interested persons. + Article 73 (1) Each county and Bucharest municipality have a secretary, salarized from the budget of the county, respectively of the city of Bucharest. The secretary is a civil servant and has higher legal or administrative studies. The secretary may not be a member of any party or political party, under penalty of release from office. (2) The appointment of the secretary is made by the Department for Local Public Administration, at the proposal of the county council, on the initiative of its president, respectively of the general mayor of Bucharest. (3) The appointment shall be made on the basis of examination or competition organized, according to the law, by the president of the county council, respectively by the general mayor, within 45 days from the date on which the post became vacant. A representative of the Department for Local Public Administration will necessarily be part of the examination or competition committee. (4) The issuance of the appointment provision will be made no later than 10 days after the receipt of the proposal. (5) The release from office, as well as the disciplinary sanction of the county secretary shall be made by the Department for Local Public Administration, only on the proposal of the county council, adopted with the vote of at least two thirds of the advisers in office, at the initiative of its chairman or a third of the number of councillors. (6) The Secretary of the County is duly applicable to the provisions of this law regarding the secretary of the commune and the city. (7) The secretary of the county and of the city of Bucharest shall exercise the powers incumbent, according to the law, the county and the city of Bucharest in the fields of civil status, the guardianship and the protection of minors, coordinating specialty from the own apparatus of the county council or, as the case may be, of the General Council of Bucharest Municipality, in whose object of activity these duties enter. + Article 74 (1) The provisions of this law regarding the organization and functioning of local councils, as well as those regarding the mayor, with the exception of those related to duties, shall apply accordingly to the county council and its president. (2) The dissolution of the right of the county council, if it does not meet for 6 consecutive months, as well as in the situation where the number of councillors has reduced under half plus one and cannot be completed by alternates, shall be communicated prefect and Government by the Secretary of the County. After carrying out the necessary checks, the Government issues a decision taking note of the dissolution of the county council. (3) The provisions of art. 24 24 para. ((5) and (6) shall apply accordingly. (4) During the period in which the county council is dissolved or could not be constituted according to the law, the current problems, under the competence of its president, shall be solved by a power of attorney appointed by the Government, having the status of civil servant. + Chapter 6 Public administration of Bucharest Municipality + Article 75 The sectors of Bucharest are organized as administrative-territorial subdivisions of the city. + Article 76 The public administration of the city of Bucharest is carried out by the local councils of the sectors of Bucharest and the General Council of Bucharest, as deliberative authorities, as well as by the mayors of the municipality Bucharest and the general mayor of Bucharest, as executive authorities, elected under the Law on local elections. + Article 77 (1) The local councils of the sectors of Bucharest municipality operate under the conditions provided for in this law for the local councils of communes and cities and exercise the powers provided for them, except those of art. 20 20 para. ((2) lit. b), c), f), m), u), v) and x). The budgets of the administrative-territorial subdivisions of Bucharest are approved by their local councils, with the agreement of the General Council of Bucharest. The tasks provided in art. 20 20 para. ((2) lit. g), h), i), j), k) and s) will be able to be exercised by the local councils of the sectors only on the basis of the decision of the General Council of Bucharest Municipality. (2) The General Council of the Municipality of Bucharest shall be elected, constituted and operated, under the conditions provided by the provisions of this Law and those of the Law on Local Elections for Local Councils, which shall apply accordingly. ((3) The mayors and deputy mayors of the sectors of Bucharest municipality operate under the conditions provided by this law for mayors and deputy mayors of communes and cities and exercise the powers established by this law for mayors and deputy mayors of communes and cities, except those provided for in art. 44 44 para. ((1) lit. c), l) and m), which is exercised only by the general mayor of Bucharest. (4) The decisions of the General Council of Bucharest and the provisions of the general mayor of Bucharest are also mandatory for the public administration authorities organized in the sectors of Bucharest. (5) The general mayor of Bucharest together with the mayors of the sectors of Bucharest municipality meet at least once a month, at the convocation of the general mayor, in order to analyze the way in which the decisions of the Council are fulfilled General of Bucharest Municipality and the provisions of the general mayor of Bucharest, establishing the appropriate measures. The prefect of Bucharest also participates in the meeting. (6) The General Council of Bucharest, the General Mayor and the Deputy Mayor of Bucharest shall exercise the powers provided by law for local councils, for mayors and deputy mayors of communes and cities, which shall apply in a manner Appropriate. (7) The authorities referred to in par. (1) and (2) shall be duly applicable to them and the provisions of art. 79-105, 123 and 124 of this law. + Article 78 Art. 106-121 on the prefect of the county and the Administrative Commission shall also apply accordingly to the prefect of Bucharest and the Administrative Commission organized in addition to the prefecture. + Chapter 7 Goods and works + Section 1 Asset management + Article 79 It constitutes the patrimony of the administrative-territorial unit movable and immovable property belonging to the public domain of local interest, its private domain, as well as the rights and obligations with patrimonial + Article 80 They belong to the public domain of local or county interest all goods that, according to the law or by their nature, are affected by a public utility, are for use or of public interest and have not been declared of national interest. The goods of the public domain of local or county interest include the land on which constructions of local or county public interest are located, markets, street networks, public parks, buildings, monuments of local public interest or county, forests and lakes that, according to the law, do not belong to the public domain of national interest May belong to the public domain of local or county interest and other assets acquired by the commune, city or county, under the law. + Article 81 The private domain of administrative-territorial units is made up of movable and immovable property-other than those provided for in art. 80-located or entered into their property by the means and means provided by law. + Article 82 (1) The goods that are part of the public domain are inalienable, unpredictable and indistinguishable. (2) The private domain is subject to the provisions of common law, unless otherwise provided by law. ((3) Donations and legates of goods with tasks can be accepted only with the approval of the local council or, as the case may be, county, with the vote of two thirds of its members. + Article 83 All assets belonging to administrative-territorial units shall be subject to annual inventory. Local and county councils are presented annually with a report on the situation of the goods. + Article 84 (1) Local and county councils decide that goods belonging to the public or private domain, of local or county interest, as the case may be, be given in the administration of autonomous regions and public institutions, to be leased or to be Rented. They also decide on the purchase and sale of goods belonging to the private domain, of local or county interest, under the law. (2) The sale, concession, rental and management location shall be made by public auction, organized under the law. ((3) The alienation of goods belonging to the private domain of communes, cities or counties, land exchanges, delimitation or sharing of buildings in the indivision with this private domain, waivers of rights or recognitions of rights in favour of third parties are made on the basis of expertise appropriated by the council. + Article 85 Local and county councils can contract, under the law, works and public utility services, within the limits of the amounts approved by the local and county budget, as the case may be, or of the public list made. + Article 86 Local and county councils can put into free use, on a limited term, buildings of their patrimony to public or charitable companies and institutions, recognized as legal entities, in order to carry out activities that satisfy the requirements of citizens in the commune, city or county. + Section 2 Public works + Article 87 The construction and repair works of public interest are carried out on the territory of communes, cities, municipalities and counties only on the basis of technical-economic documentation approved or approved, as the case may be, by the local or county council, according to Law. + Article 88 The urban planning and spatial planning documentation on the commune, the city and the county shall be elaborated, analyzed and approved in accordance with the provisions of the law. + Article 89 The approved works will be awarded, for execution, based on the tender organized under the law and with strict observance of the approved technical-economic documentation. + Article 90 Local and county councils can decide to set up, under the law, some companies, associations, agencies and organize other activities, in order to execute works of local interest, with social capital constituted by the contribution councils and other legal and natural persons. + Chapter 8 Managing public finances + Section 1 Common provisions + Article 91 (1) The finances of the communes, towns and counties shall be administered under the conditions provided by law, according to the principle of local autonomy. (2) The local public administration authorities have the right to own resources, sufficient, in proportion to their competences according to the law, which they can freely dispose of. + Article 92 The revenues of the local and county public administration are made up of the sources made on their territory and from other sources, in accordance with the legal provisions. + Article 93 (1) The distribution on administrative-territorial units of the amounts broken down from taxes and transfers from the state budget, established annually by the state budget law, shall be carried out by the county council together with the county of public finances and state financial control, after consulting mayors and representatives of local councils. (2) Amounts assigned to administrative-territorial units according to par. (1) shall be used according to the destination and staggered established by the budget approved by the local or county council. + Article 94 The incomes and expenses of administrative-territorial units are provided for each financial year in the respective budgets, approved by the local council or, as the case may be, by the county one, under the law + Section 2 Revenue + Article 95 Local and county councils ensure the income of communes, cities and counties by establishing local or county taxes and fees, as the case may be, as well as through other sources established according to the law. + Article 96 (1) For the functioning of local or county public services, created in the interest of residents, local and county councils establish special taxes, according to the law. (. The amount of the special charges shall be determined to cover at least the amounts invested and the current maintenance expenses of these services. + Article 97 (1) Special charges shall be collected only from the inhabitants who use the special services provided. (2) By the regulation approved by the local or county council, as the case may be, the conditions under which the special and approval fees may be charged by the interested inhabitants, as well as the way of their distribution per inhabitant, shall be determined. (3) The decisions taken by the local and county councils in relation to the distribution of special taxes per inhabitant will be displayed, immediately, at their headquarters and will be brought to their attention by any means of advertising. (4) Against these decisions any interested person may appeal, within 15 days from their display, found by minutes. After the expiry of that period, the Council which adopted the judgment shall meet and discuss the appeals received. + Article 98 The finding, settlement and tracking of the collection of incomes of local budgets is carried out through the territorial fiscal bodies subordinated to the Ministry of Finance or through the own bodies of the local and county councils, under the law. + Section 3 Expenditure + Article 99 (1) In local and county budgets shall be entered, at expenses, the amounts for activities that are financed from these budgets, under the law. (2) No budgetary expenditure may be approved without the existence of funding sources. + Article 100 (1) Local and county councils may decide, with the majority of two thirds of the members who compose them, the contracting of loans, under the law. The loans will be provided in budgets after their voting, along with the other means of coverage and reimbursement. (2) The decisions of the councils on contracting long-term loans shall be subject to the approval of the inhabitants of the respective administrative-territorial units (3) The decisions on loans may be approved only if it is found that the administrative-territorial unit can guarantee their coverage and reimbursement. + Article 101 In the local and county budgets, the amounts necessary for the salary of the president and the vice presidents of the county councils, mayors, deputy mayors, secretaries, as well as for the granting of allowances of meeting for councillors, under the conditions established by the regulations of these councils for the payment of officials from the local and county council apparatus, as well as for representation and protocol. + Section 4 Preparation, approval and execution of budgets. Conclusion and approval of accounts + Article 102 In each local and county budget, the reserve fund from which additional credits can be approved, according to the law, which is used if the loans opened by budget for current needs are not sufficient. + Article 103 (1) The draft budget, drawn up and published, is subject to the deliberation of the respective council, in the first meeting, after the expiry of the 15-day period from the (2) The project is accompanied by the report of the mayor or the president of the county council, as the case may be, as well as by the appeals filed within 15 days from the date of publication (3) The Council deliberates, also ruling on appeals, adopting the draft budget after it was voted on the articles. + Article 104 The mayor and the president of the county council draw up, through their own apparatus, and submit for approval to the councils the closing account of the budget + Article 105 The provisions contained in this chapter are completed with the provisions of the Public Finance Act. + Chapter 9 Prefect + Section 1 Prefect of the county and of Bucharest + Article 106 (1) The government shall appoint a prefect, as his representative, in each county and in Bucharest. (2) The Prefect is assisted by a sub-prefect. At Bucharest, the prefect is helped by 2 sub-prefects. (3) The appointment and dismissal of the prefects and sub-prefects shall be made by Government decision. (4) In order to be appointed, the prefect and the sub-prefect must have higher education and the age of at least 30 years. (5) For the duration of the performance of the prefect and sub-prefect, their employment contract at public institutions or economic agents with majority state capital shall be suspended. + Article 107 The Prefect and the sub-prefect cannot be deputies or senators, members of the county council and local or primary councils and cannot perform a function of professional representation of a national character, another public office or a function or a salarized professional activity within autonomous regions, companies or any organizations or units for profit purposes. + Article 108 (1) As a representative of the Government, the prefect shall ensure that the activity of local and county councils and mayors is carried out according to the law. (2) Between prefects, on the one hand, and local, county and primary councils, on the other hand, there are no reports of subordination. + Article 109 The Prefect leads the decentralized public services of ministries and other central bodies in administrative-territorial units. + Article 110 (1) The Prefect, as representative of the Government, shall perform the following main tasks: a) ensure the realization of national interests, compliance with laws and public order; b) exercise control over the legality of the administrative acts of the local and county public authorities; c) endorses the appointment or dismissal of the heads of decentralized public services of ministries and other central bodies from administrative-territorial units; d) order the appropriate measures to prevent crimes and defend the rights of citizens, through the legally constituted bodies; e) respond, under the conditions established by law, to the preparation and implementation of defense measures that do not have a military character; the military authorities and local bodies of the Ministry of Interior have the obligation to inform the prefect on any issue that may be important for the county; f) presents, annually, the Government a report on the general economic, social, cultural and administrative state of the county, including the implementation of the governing program. (2) The Prefect also performs other duties provided by law or tasks given by the Government. + Article 111 (1) In exercising control over the legality of acts of local and county public administration authorities, the prefect may appeal, before the administrative court, their acts, as well as those of the president county council, except for current management, if they consider them illegal. The attacked act is suspended by law. (2) 10 days before the introduction of the action, the prefect will ask the local and county public administration authorities, with the necessary motivation, to reconsider the illegal act, in order to amend or, as the case may be, to revoke it. (3) The introduction of the action by the prefect is made within 30 days from the communication of the act, according to the provisions of art. 53 53 para. ((1) lit. h). The 30-day deadline is the deadline for revocation. The action is exempt from stamp duty. + Article 112 The Prefect presents, annually, to the county council or the General Council of Bucharest a briefing on the activity carried out by the decentralized public services of ministries and other central bodies organized in county and in Bucharest. + Article 113 (1) For the performance of his duties, the prefect issues orders, under the law. ((2) The orders establishing technical and specialized measures are issued after consulting the specialized bodies or services and are countersigned by their leaders. + Article 114 The prefect's order becomes enforceable only after it has been brought to public knowledge, by display and publication when it contains normative provisions, or from the date of communication in the other cases. + Article 115 (1) The Prefecture has a specialized technical apparatus, whose structure and duties are established by Government decision. (2) The Prefect, the sub-prefect and his own apparatus operate in the prefecture. The prefecture and, as the case may be, the county council and its own apparatus are based in the Administrative Palace, public property of national interest, which is located in the county seat municipality. (3) Persons from the prefecture's own apparatus and the county council respectively shall be subject to the regulations contained in the status of civil servants. + Section 2 Administrative Commission + Article 116 (1) In each county and in Bucharest, the Administrative Commission is organized, in addition to the prefectures. (2) The administrative commission is composed of: prefect-as president-, president of the county council or, as the case may be, the general mayor of Bucharest, mayor of the county seat and heads of public services decentralized ministries and other central bodies organized at the level of the county and the city of Bucharest, as well as the directors of the branches of autonomous regions of national interest in the respective counties. + Article 117 The administrative commission shall convene by the prefect, on its own initiative, or at the request of the president of the county council, respectively of the general mayor of Bucharest, quarterly and whenever necessary. Mayors of localities in the county will be invited to the commission's works, as well as any other people whose presence is appreciated as necessary. + Article 118 (1) The administrative commission shall draw up, annually, on the basis of the governing program, its own program of the county or of the city of Bucharest, which it communicates to the decentralized public services of ministries and other central bodies administrative-territorial units, autonomous regions of national interest and their branches in the respective county, as well as, for information, to the local and county public administration authorities. (2) The administrative commission supports the decentralized public services of ministries and other central bodies organized at the level of the county and of the city of Bucharest, the activity of autonomous regions of national interest or branches to them with activities in the county, as well as those of the county public administration. + Article 119 (1) In its activity, the Administrative Commission shall adopt, by open vote, decisions signed by the President and shall be binding on the decentralized public services of the ministries and other central bodies organized in the counties and in Bucharest. ((2) The work of the Administrative Commission is carried out by the prefecture apparatus + Article 120 Divergences between decentralized public services of ministries and other central bodies organized in counties or in Bucharest municipality and county public administration authorities are mediated by the Government. + Article 121 Ministries and other central bodies have the obligation to communicate to the prefects the orders and other provisions and guidance they transmit to decentralized public services. + Article 122 Ensuring that the Government's powers regarding the local public administration are fulfilled, including the control of the mayor's exercise of delegated powers, shall be carried out by the Department for Public Administration Local, which proposes the Government to take appropriate measures. + Chapter 10 Transitional and final provisions + Article 123 (1) In the exercise of the mandate, local and county councillors, as well as mayors and deputy mayors are in the service of local collectivity. (2) Local and county councillors, mayors and deputy mayors enjoy the protection granted by the law on the status of local elected officials. + Article 124 (1) The mayors and the deputy mayors, the general mayor of Bucharest, the presidents and vice-presidents of the county councils, the councillors, the secretaries and the staff of the local and county councils administrative or criminal, for the acts committed in the exercise of their duties, under the law. (2) Provisions of para. (1) shall also apply to prefects, sub-prefects and staff in the prefectures ' own apparatus. + Article 125 The prefect, sub-prefect, president and vice-presidents of the county council, the general mayor of Bucharest, mayors and deputy mayors cannot be representatives of the state in the general meetings of shareholders from companies with majority state capital and cannot be part of the boards of autonomous regions. + Article 126 (1) From the date of entry into force of this law until the new administrative-territorial organization of the country, the agricultural sector Ilfov will be called Ilfov County. (2) The decentralized public services of ministries and other central bodies in Bucharest also operate for Ilfov County. + Article 127 The breakdown and passage into the property of communes, cities or, as the case may be, of the counties, goods and values of local interest in the public and private domain of the state shall be made by Government decision, under the law of the public patrimony and private. + Article 128 (1) Until the entry into force of the status of civil servants, the secretary of the administrative-territorial unit may contest, at the administrative court, the documents on the dismissal or the disciplinary sanction. (2) The secretaries of the local and county councils, depending on the date of this law, become secretaries of the commune, the city, the administrative-territorial subdivision of Bucharest, respectively of the county in which they operate, without any other formality. + Article 129 (1) Local and county councils, as well as mayors elected in the course of a parliamentary term, following the dissolution of some councils or the vacations of primary posts, shall conclude the mandate of the predecessors. (2) Provisions of para. (1) shall also apply to councils and mayors elected during the current term of office. + Article 130 Law no. 57/1968 on the organisation and operation of popular councils Law no. 5/1990 on the administration of counties, municipalities, towns and communes to the holding of local elections and Government Decision no. 932/1990 on the Hiking for the fulfilment of the provisions Law no. 5/1990 , and any other provisions to the contrary shall be repealed. + Article 131 This law shall enter into force on the date of establishment of the local public administration authorities resulting from the local elections of 1996, except art. 14 and 61 that apply with the publication of the law in the Official Gazette of Romania. -------------------