Law No. 73 Of 3 November 1993 For The Establishment, Organization And Functioning Of The Legislative Council

Original Language Title:  LEGE nr. 73 din 3 noiembrie 1993 pentru înfiinţarea, organizarea şi funcţionarea Consiliului Legislativ

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Law No. 73 of 3 November 1993 (republished) for the establishment, organization and functioning of the Legislative Council, the PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 1,122 of 29 November 2004 _ _ _ _ _ _ *) the Republished pursuant to art. IV of law No. 509/2004 amending and supplementing law No. 73/1993 for the establishment, organization and functioning of the Legislative Council and published in the official monitor of Romania, part I, pag. 1-3, giving it a new texts. Law No. 73/1993 was published in the Official Gazette of Romania, part I, no. 260 of 5 November 1993.


Chapter I establishment and powers of the Legislative Council by article 1 (1) after the entry into force of this law shall establish the Legislative Council, an advisory expert body of Parliament which advises draft normative acts for the systematic unification and co-ordination of the whole body of laws and keep track of official legislation.
  

(2) the Legislative Council shall have its seat in the Chamber of Deputies.
  


Article 2 (1) the Legislative Council shall have the following duties: a) analyzes and advises draft laws, legislative proposals and draft regulations and decisions with normative acts of the Government, with a view to submission to the legislation or adopting, where appropriate;
  

b) examines and advises, at the request of the President of the Parliamentary Commission dealing background, subject to debate amendments to the Commission and the draft laws or legislative proposals received by the Commission following their adoption by one of the Chambers of Parliament;
  

c) carries out direct or coordinate, the order of the Chamber of deputies or the Senate, the drafting of draft codes or other laws of particular complexity;
  

d) develops, the order of the Chamber of deputies or the Senate or on its own initiative, for the systematization, unification and coordination of legislation and make, on this basis, Parliament's proposals and, as appropriate, to the Government;
  

e) shall examine the conformity of legislation with the provisions and principles of the Constitution and referred the matter to the permanent offices of the Chambers of Parliament and, where appropriate, the Government of any cases of unconstitutionality found; submit, within 12 months of its establishment, proposals for implementation of the agreement of the previous legislation with provisions of the Constitution and its principles;
  

f) keeps track of the Romanian legislation and official shall provide the necessary information for carrying out the legislative process; organize accounting computerization and computer products for computer-assisted record of legislation;
  

g) with a view to seeking legislative functioning in a coordinated and harmonised way, the issue of the competent public authorities of normative acts, arranged by laws, ordinances and decisions of Government and law enforcement agencies have noted delays in issuing them;
  

h) draw up legislation of Romania official records Repertoire-and provides an on-line version of it; draws up the official versions of collections of normative acts;
  

I laws and) keeps the original promulgation of the decrees. To this end, public institutions they hold at present they will teach the Legislative Council;
  

j) creates and updates, in the computerized database required studies and documentation activity legislative.
  

(2) the Legislative Council submits annually to Parliament report on its activity.
  


Article 3 (1) the draft laws and legislative proposals are subject to debate with Parliament's opinion of the Legislative Council.
  

(2) the opinion shall be given within the term established by the permanent Bureau or Standing Committee of the Chamber of Parliament which he had requested. If the opinion is not given within the time limit set, it does not hinder the legislative procedure.
  

(3) Opinion is advisory and aims at: (a) consistency with the proposed settlement) Constitution, the framework law in the field, with European Union regulations and international laws to which Romania is a party, and in the case of draft laws and legislative proposals, the nature of the law and that it is the first Room to be seised;
  

(b) ensuring the correctness and clarity) expression, legal contradictions or necorelărilor the draft normative act, ensuring completeness of its provisions, the observance of legislative, technical and normative language;
  

(c) implications of the new rules) upon presentation of the legislation in force, by identifying laws that, having the same object, to be repealed, amended or unified, and by avoiding the regulation of identical issues in different legal acts.
  


Article 4 (1) draft ordinances and decisions with regulatory nature shall be submitted to the Government for adoption only with Legislative opinion on the legality of the measures envisaged and the manner in which the requirements are completed. 3 paragraphs 1 and 2. (3) which shall apply accordingly.
  

(2) the opinion is advisory.
  

(3) the opinion shall be given within the time limit required by the Government, which may not be less than 10 days in the case of projects with the usual procedure and 2 days in the case of those with emergency procedure. For Ordinances laid down in art. 115 paragraph 1. (4) of the Constitution, republished, the term is 24 hours.
  


Article 5 (1) the Legislative Council shall lay down the form of the republicabilă of the Constitution, as amended and supplemented, after approval by referendum of the law review.
  

(2) the Legislative Council shall examine and endorse the law, form republicabilă the laws, ordinances and decisions of the Government, that have suffered interventions and for which it has been decided to re-publish.
  

(3) the Legislative Council shall deliver its opinion, in accordance with the law, why are proposed corrections to be made to certain regulations after publication thereof, in the event of discovery of any errors. The publication of corrections of legislative acts in the Official Gazette of Romania, part I, is made only on the advice of the Legislative Council.
  

(4) the opinion of the Legislative Council referred to in paragraph 1. (2) and (3) shall be sent at the request of the Secretary general of the Chamber of Deputies.
  

(5) the Legislative Council examines report to Parliament or, where appropriate, the Government delays in republishing the laws which they have ordered such a measure.
  


Article 6 (1) in carrying out its duties, the Legislative Council collaborates with public authorities and public institutions, depending on the nature of the work.
  

(2) public authorities and public institutions are obliged to ensure that, within the time limits and under the conditions laid down by the Legislative Council, the information and documentation requested by him and to give him the necessary support for the performance of its duties.
  


Article 7 Legislative Council establishes relationships with similar institutions from other countries, as well as with other institutions with profile of the country and from abroad.


Chapter II Organization of the Legislative Council by article 8 (1) the Legislative Council shall be composed of the Department of public law, Department of private law and the official record of legislation and documentation.
  

(2) Each Department has in its composition a number of sectors.
  

(3) the organizational structure of the Legislative Council include also the Department for harmonization of legislation with European Union regulations, Department of computer science of the Legislative Council Secretariat and legislative.
  

(4) the organisational structure of the Legislative Council, the functions and number of posts of leadership and execution, as well as areas of activity and responsibilities of each Department, Secretariat, departments, sectors, as well as of the other compartments of the undemocratic Legislative Council shall establish its own rules of organization and functioning of the Legislative Council approved the joint sitting of the permanent offices of the two chambers of Parliament on the advice of the legal committees.
  


Article 9 (1) the Legislative Council is headed by the Chairman of the Board, and each Department by a Chairman of the ward.
  

(2) the President of the Legislative Council and the Presidents of the sections shall be appointed by a majority vote of Deputies and senators, gathered in a joint sitting of the two houses of Parliament, on the basis of the three proposals of the permanent offices for each function, with the opinion of the legal committees. They shall exercise their powers from the date, on an individual basis, as referred to in paragraphs 1 and 2 of the oath. (3) in front of the Presidents of the two chambers.
  

(3) the oath shall read as follows: "I swear to respect the Constitution and laws of the country, to defend Romania's interests, rights and freedoms of citizens and to fulfill my professional conscience and honor with the tasks incumbent upon me. So help me God! "

(4) the President of the Legislative Council is the rank of Minister, and Chairman of the Department, that of Secretary of State.
  


Article 10 (1) the President of the Legislative Council performs the following duties: a) represents the Council in front of the Chamber of Deputies, the Senate and other public authorities, as well as in dealing with individuals or legal entities;
  

b) signed the Council acts may be issued only with his consent;
  

c) undertake and, where appropriate, the law appoints the staff of the Legislative Council;
  

(d) exercise any other powers) incumbent on him under the law.
  


(2) the President of the Legislative Council is the main originator of loans.
  

(3) the powers of the Presidents of the sections shall establish their rules of organization and functioning of the Legislative Council.
  

(4) one of the Presidents of wards, appointed by the President of the Council, is the Deputy law.
  


Article 11 (1) every district within a section is headed by one of the counselors.
  

(2) the President of the ward is aided by one of the counselors referred to in paragraph 1. (1) who is the Deputy of law thereof.
  

(3) the Legislative Council Secretariat is headed by a Secretary general appointed by the President of the Council. Secretary-General carries out its activity directly subordinate to the President of the Legislative Council and ensures the preparation, organisation and coordination of the activities of the Secretariat.
  

(4) the Secretary-General, heads of departments, counselors and others who hold the status of public official exercising the powers of the oath prescribed by the law. The Secretary-General and the heads of departments shall take an oath in front of the President of the Legislative Council, with the participation of Presidents of sections. Counselors and others civil servants lay their oath in front of the President of the Legislative Council, with the participation of Presidents of wards or, where appropriate, to the Secretary-General or head of Department.
  


Article 12 rules of organization and functioning of the Legislative Council and the functions shall be approved in a joint sitting of the permanent offices of the two chambers of Parliament, with the opinion of the legal committees.


Chapter III operation of the Legislative Council in article 13 (1) legislative proposals made by deputies or senators shall be submitted to the Legislative Council, for his opinion, Secretary-General of the Chamber in which they were filed, on the day of registration, and draft laws initiated by the Government or draft ordinances whenever decisions with normative acts of the Government, its Secretary-General.
  

(2) draft normative acts subject to confirmation will be accompanied by presentation tools and motivation, as well as other documents that formed the basis of their preparation.
  

(3) Senators and deputies, legislative proposals, Ministers, State Secretaries and subsecretarii State can take part on their own initiative or at the invitation of the President of the Legislative Council, to examine its departments, review of draft legal acts subject to approval. They may be invited by the President of the Legislative Council when examining for opinion of the draft acts in the field of their activity, regardless of the initiator.
  


Draft article 14, subject to legislative initiative of citizens shall be submitted to the Legislative Council for an opinion on the conditions provided by law for the pursuit of this initiative.


Article 15 (1) opinion of the Legislative Council shall be in writing under the signature of the President.
  

(2) not accompanied by favourable opinions or objections will not be motivated. In other cases, the opinion shall consist of the full motivation each objection or proposal and shall be accompanied, where appropriate, studies, information and documents relied on, including those with historical or comparative law.
  

(3) the notice may include not political considerations.
  

(4) the originators or the authority sought the opinion of the Legislative Council may require additional explanations or you can invite the President or his designee to debate legislative proposals or projects to be approved.
  


Article 16 (1) draft codes and other laws, developed directly from the Legislative Council or under his authority, shall be accompanied by a detailed report containing the main results of the solutions adopted, the interpretative studies undertaken, the references to the case law and comparative law on the matter, any possible alternative solutions, the measures of the law, imposed by the adoption of the proposed regulations, and any other aspects of the projects. ctscan debate
  

(2) the report together with the draft regulations are submitted to the Parliament after their approval by the Government.
  


Article 17 (1) notices and other works of the Legislative Council is debating in and its sectors.
  

(2) the President of the Legislative Council can submit to the debate, sections merged some draft normative acts that raise complex times special problems, and issues of major importance for the work of the Legislative Council.
  

(3) how to work within sections and sectors, as well as the Legislative Council and the relationship between them shall be determined by the rules of organization and functioning of the Council.
  


Chapter IV of the Legislative Council Staff in article 18 (1) can be called in the President of the Legislative Council, Chairman of the Department, head of Department and Advisor to people who have their residence in the Romanian citizenship and country, Judicature, and a good professional reputation and moral. For the President of the Legislative Council and President of the ward is the required legal activity for at least 15 years, and for the positions of head of Department and head at least 8 years. For a Secretary general, head of Department of Informatics, legislative director of the Directorate for studies and documentation and as head of the finance and accounting Sector is necessary in an age of at least 8 years in the specialty tool. For the position of Councillor is required a specialized legal experience of 7 years. Functions of head and head of Department are public officials.
  

(2) For other functions in the structure of the Legislative Council's apparatus, conditions of appointment shall be determined by the rules of organization and operation thereof.
  

(3) specialized Functions execution deals through the contest, according to the law. The contest is organized by the Commission of appointments and discipline of the Legislative Council, composed of three councillors, appointed by the President of the Legislative Council, which will work according to the rules laid down in its rules of organization and operation.
  


Article 19 capacity of members of the Legislative Council Legislative Council President, the Presidents of wards, Councillors and heads of departments.


Article 20 (1) the functions of the President of the Legislative Council, President of the ward, Adviser and expert are incompatible with any other public or private office, except for teaching positions in higher legal education.
  

(2) the staff of the Legislative Council cannot be part of the political parties.
  


Article 21 (1) the President of the Legislative Council, President of the ward, adviser or expert shall be terminated by resignation, in case of violation of the provisions of article 7. 20, of loss of rights, in the case of final conviction for committing a crime or, where appropriate, in other cases provided by law.
  

(2) the termination of the exercise of the functions referred to in paragraph 1. (1) is established by the authorities before which those who occupy these positions have provided sworn in.
  


Article 22 article. 20 paragraph 1. (1) concerning incompatibilities apply the functions of Secretary general of the Legislative Council and the head of Department.


Article 23 (1) violation of the provisions of this law and the regulations governing the Organization and functioning of the Legislative Council attract liability to those guilty and disciplinary sanctions prescribed by law for civil servants.
  

(2) the President of the Legislative Council and the Presidents of wards are under scrutiny for irregularities by the legal disciplinary meeting of the two chambers, and the disciplinary sanctions shall be applied by the permanent offices of the Chamber of Deputies and the Senate.
  

(3) the expert staff of Council performance is investigated for irregularities committed, Disciplinary Committee, rules and discipline of the Legislative Council, and sanctions are applied by Legislative Council President, according to the law and the rules of organization and operation.
  


Article 24 Remuneration and other entitlements of the staff salary nature of the Legislative Council are those established for staff performing similar functions from the two houses of Parliament, with the exception of the Office of the Secretary general, who shall, in terms of remuneration, the function of the head of Department.


Article 25 status of civil servants in specialized structures of the Legislative Council shall be approved by special law.


Article 26 For elaboration of studies and works of particular complexity, involving a high specialization, the President of the Legislative Council may approve some employees and external consultation specialists, academics, researchers or practitioners of law, with experience that will benefit from the rights due under the law.


Chapter V final provisions article 27 (1) of the Legislative Council's budget is part of the State budget.
  

(2) the draft budget shall be drawn up by the Legislative Council, with an opinion of the Ministry of public finance.
  

Note: we reproduce below art. And art. III of law No. 509/2004 amending and supplementing law No. 73/1993 for the establishment, organization and functioning of the Legislative Council, which have not been included in this republicabilă form.

"Art. II. — (1) the Legislative Council will take over from the Chamber of Deputies, within 15 days following the entry into force of this law, related posts with staff accounts with maintaining of the current.

(2) be approved by parent authorizing appropriations to introduce changes resulting from the application of paragraph 1. (1) the maximum number of posts in their structure, as well as in the structure of expenditure on staff, the Ministry of public finance.
  

Art. III.-the Legislative Council make, within 30 days, any appropriate proposals for amendments and additions to the regulations governing the Organization and functioning of the Legislative Council, which it will submit to approval to permanent offices of the Chamber of Deputies and the Senate. Pending the amendment of the regulation, the present organizational structure of the Legislative Council, which was approved by decision of the permanent offices of the Chamber of Deputies and the Senate's no. 1/96. ' — — — —-