LEGE no. 73 73 of 3 November 1993 (* republished *) to establish, organize and operate the Legislative Council
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 1.122 1.122 of 29 November 2004
________ * *) Republished on the basis art. IV of Law no. 509/2004 amending and supplementing Law no. 73/1993 for the establishment, organization and functioning of the Legislative Council, published in this issue of the Official Monitor of Romania, Part I, la pag. 1-3, giving the texts a new numbering. Law no. 73/1993 was published in the Official Gazette of Romania, Part I, no. 260 260 of 5 November 1993. + Chapter I Establishment and duties of the Legislative Council + Article 1 (1) On the date of entry into force of this Law, the Legislative Council, the specialized advisory body of the Parliament, which endorses the draft normative acts in order to systematize, unify and coordinate the entire legislation and keeps the official record of Romania's legislation ... (2) The Legislative Council is based at the Chamber of Deputies. ... + Article 2 (1) The Legislative Council has the following tasks: ... a) analyze and endorse the draft laws, legislative proposals and draft ordinances and normative decisions of the Government, in order to submit them to legislate or adopt, as the case may be; ... b) analyze and endorse, at the request of the chairman of the parliamentary committee referred to in substance, the amendments submitted to the committee debate and draft laws or legislative proposals received by the commission after their adoption by one of the Chambers Parliament; ... c) perform directly or coordinate, from the disposition of the Chamber of Deputies or the Senate, the elaboration of draft codes or other laws of special complexity; ... d) elaborates, from the disposition of the Chamber of Deputies or the Senate, or on its own initiative, studies for the systematization, unification and coordination of the legislation and makes, on this basis, proposals to the Parliament and, ... e) examines the compliance of the legislation with the provisions and principles of the Constitution and notifies the permanent offices of the Houses of Parliament and, as the case may be, the Government on cases of unconstitutionality found; presents, in no at its establishment, proposals for the implementation of the legislation prior to the Constitution with its provisions and principles; ... f) keeps the official record of Romania's legislation and provides the necessary information to carry out the legislative process; organizes the computerization of its system of record and makes IT products for the legislation Computer aided; ... g) pursues, in order to operate the legislative system unitary and coordinated, the issuance by the competent public authorities of the normative acts in execution, ordered by laws, ordinances and decisions of the Government, and signals to the bodies in as delays in issuing them; ... h) elaborates the repertoire of the official Romanian legislation-and provides its online version; it prepares the official versions of some collections of normative acts; ... i) preserves the originals of the laws and decrees of their promulgation. To this end, the public institutions that currently hold them will hand them over to the Legislative Council; ... j) creates and updates, in computerized system, the database necessary for the activity of studies and legislative documentation. ... (2) The Legislative Council shall submit annually to Parliament the report on its activity. ... + Article 3 (1) Draft laws and legislative proposals shall be submitted to the Parliament's debate with the opinion of the Legislative Council. ... ((2) The opinion shall be given within the time limit set by the Permanent Bureau or by the standing committee of the Parliament which requested it. If the opinion is not given within the time limit set, it shall not preclude the ... (. The opinion shall be advisory and shall be as follows: ... a) the concordance of the proposed regulation with the Constitution, with the framework laws in the field, with the regulations of the European Union and with the international acts to which Romania is a party, and in the case of draft laws and legislative proposals, which is the first Chamber to be notified; ... b) ensuring the correctness and clarity of legal expression, removal of contradictions or mismatches in the draft normative act, ensuring the completeness of its provisions, compliance with the norms of legislative technique, as well as normative language; ... c) the presentation of the implications of the new regulation on the legislation in force, by identifying the legal provisions that, having the same regulatory object, are to be repealed, amended or unified, as well as by avoiding the regulation of certain identical aspects in different normative acts. ... + Article 4 (1) The draft ordinances and normative decisions shall be submitted for adoption to the Government only with the opinion of the Legislative Council on the legality of the measures envisaged and on the way in which the requirements provided for in art. 3 3 para. ((3), which shall apply accordingly. ... (. The opinion shall be advisory. ... (3) The opinion will be given within the deadline requested by the Government, which cannot be less than 10 days in the case of projects with ordinary procedure and 2 days in the case of those with emergency procedure. For the ordinances provided by art. 115 115 para. (4) of the Constitution, republished, the term is 24 hours. ... + Article 5 (1) The Legislative Council shall establish the reviewable form of the Constitution, amended and supplemented, after the approval by referendum of the law on its revision. ... (2) The Legislative Council examines and endorses, under the law, the redeemable form of the laws, ordinances and decisions of the Government, which have undergone legislative interventions and for which the republication was ordered. ... (3) The Legislative Council endorses, under the law, the corrections proposed to be brought to some normative acts after their publication, in case of discovery of material errors. The publication of the amendments of normative acts in the Official Gazette of Romania, Part I, is made only with the opinion of the Legislative Council. ... (4) The opinion of the Legislative Council provided in par. ((2) and (3) shall be transmitted at the request of the Secretary General of the Chamber ... (5) The Legislative Council shall follow and signal to the Parliament or, as the case may be, the Government, the delays in republishing the normative acts for which such a measure was ordered. ... + Article 6 (1) In carrying out its duties, the Legislative Council shall collaborate with the public administration authorities and specialized public institutions, depending on the nature of the works. ... (2) Public administration authorities and specialized public institutions are obliged to ensure, within the deadlines and under the conditions established by the Legislative Council, the information and documentation requested by it and to give it the necessary support fulfilling his duties. ... + Article 7 The Legislative Council establishes relations with similar institutions in other countries, as well as with other institutions with legal profile, in the country and abroad. + Chapter II Organisation Of The Legislative Council + Article 8 (1) The Legislative Council is composed of the Public Law Section, the Private Law Section and the Department of Official Records of Law and Documentation. ... (2) Each section has a number of sectors in its composition. ... (3) The organizational structure of the Legislative Council also includes the Department for the harmonization of legislation with the regulations of the European Union, the Department of Legislative Informatics and the Secretariat of the Legislative Council. ... (4) The organizational structure of the Legislative Council, the nomenclature of functions and the number of management and execution posts, as well as the fields of activity and the duties of the sections, sectors, departments, secretariat, as well as of the other compartments within the apparatus of the Legislative Council are established by the regulation of organization and functioning of the Legislative Council, approved at the joint sitting of the permanent offices of the two Houses of Parliament, with opinion of the joint legal committees. ... + Article 9 (1) The Legislative Council is headed by the President of the Council, and each section, by a section president. ... (2) The President of the Legislative Council and the section presidents shall be appointed by the vote of the majority of the deputies and senators, meeting in the joint sitting of the two Houses of Parliament, on the basis of three proposals of the permanent offices for each function, with the opinion of the joint legal committees. They shall exercise their duties from the date of submission, individually, of the oath provided in par. (3) before the presidents of the two Chambers. ... (3) The oath will have the following content: ... " I swear to respect the Constitution and the laws of the country, to defend the interests of Romania, the fundamental rights and freedoms of citizens and to fulfill with honor and professional conscience my duties So help me God! " (4) The position of president of the Legislative Council is assimilated to the minister, and the position of section president, of the secretary of state. ... + Article 10 (1) The President of the Legislative Council shall: ... a) represent the Council before the Chamber of Deputies, the Senate and the other public authorities, as well as in relations with natural or legal persons; ... b) sign the acts of the Council, which may be issued only with its consent; ... c) hires and, as the case may be, appoints, according to the law, the staff of the ... d) exercise any other duties incumbent on him according to the law. ... (2) The President of the Legislative Council is the principal authorising officer. ... (3) The duties of the section presidents shall be established by the regulation of organization and functioning of the Legislative Council. ... (4) One of the section presidents, appointed by the President of the Council, shall be the rightful place of the Council. ... + Article 11 (1) Each sector within a section is run by one of the counselors. ... (2) The section president is helped by one of the counselors referred to in par. ((1), which is its rightful place. ... (3) The Secretariat of the Legislative Council is headed by a Secretary-General appointed by the President of the Council. The Secretary-General shall carry out his work under the direct command of the President of the Legislative Council and shall ensure the preparation, organisation and coordination of activities ... (4) The Secretary-General, heads of departments, advisers and other persons holding the status of civil servant shall exercise their duties from the date of the swearing-in of the law. The Secretary-General and Heads of Departments shall be sworn in before the President of the Legislative Council, with the participation of the Councillors and other civil servants shall be sworn in before the President of the Legislative Council, with the participation of the section presidents or, as the case may be, the secretary-general or the head of department ... + Article 12 The Regulation on the organization and functioning of the Legislative Council and the nomenclature of functions is approved at the joint meeting of the permanent offices of the two Houses of Parliament, with the opinion of the joint legal committees. + Chapter III Functioning of the Legislative Council + Article 13 (1) The legislative proposals made by the deputies or senators shall be submitted to the Legislative Council, for approval, by the Secretary General of the Chamber in which the draft laws initiated by the Government or draft ordinances or decisions of a normative nature of the Government, by the Secretary General of the Government. ... (2) The draft normative acts subject to approval will be accompanied by the presentation and motivation instruments, as well as by other documents that were the basis for their elaboration. ... (3) Senators and deputies, authors of legislative proposals, ministers, secretaries of state and state subsecretaries may take part, on their own initiative or at the invitation of the President of the Legislative Council, to the examination, in its sections, of draft normative acts subject to approval. They can be invited by the President of the Legislative Council to examine, for endorsement, draft acts in their field of activity, regardless of the initiator. ... + Article 14 The projects subject to the legislative initiative of citizens shall be submitted for approval to the Legislative Council under the conditions provided by law for the exercise of this initiative. + Article 15 (. The opinion of the Legislative Council shall be submitted in writing, under the signature of the ... (. The favourable opinions not accompanied by objections or proposals shall not be reasoned. In the other cases, the opinion will include the full motivation of each objection or proposals and will be accompanied, where appropriate, by the studies, documents and information on which it is supported, including those of a historical or comparative nature. ... (3) The opinion may not include considerations of a political nature. ... ((4) The initiators or the authority that requested the opinion may ask the Legislative Council for further clarification or may invite its chairman or his representative to the debate of legislative proposals or approved projects. ... + Article 16 (1) The draft codes and other complex laws, elaborated directly by the Legislative Council or under its guidance, will be accompanied by a detailed report, including the main solutions adopted, the results of the foundation studies undertaken, references to case law and comparative law, possible alternative solutions possible, measures to systematize legislation, imposed by the adoption of the proposed regulations, and any other such aspects projects. ... (2) The report together with the draft regulation shall be submitted to the Parliament after their approval by the Government. ... + Article 17 (1) The opinions and other works of the Legislative Council shall be debated in its sections and sectors. ... (2) The President of the Legislative Council may submit to the debate, the reunited sections, some projects of complex normative acts or that raise special problems, as well as aspects of major importance for the activity of the Legislative Council. ... (3) The way of working within the sections and sectors of the Legislative Council, as well as the relations between them, shall be established by the Council's rules of organization and functioning. ... + Chapter IV Staff of the Legislative Council + Article 18 (1) May be appointed as chairman of the Legislative Council, section president, head of department and counselor persons who have Romanian citizenship and domicile in the country, superior legal training, as well as a good professional reputation and moral. For the positions of president of the Legislative Council and section president it is necessary a seniority in the legal activity of at least 15 years, and for the positions of chief sector and department head, for at least 8 years. For the positions of general secretary, head of the Department of legislative informatics, director of the Department of Studies and documentation and head of the financial-accounting sector, at least 8 years of age in the specialty of the position is required. For the position of councillor it is necessary a legal seniority of 7 years. The functions of chief sector and head of department are specific public functions. ... (2) For the other functions in the structure of the apparatus of the Legislative Council, the conditions of appointment shall be established by the regulation of organization and functioning ... (3) The specialized functions of execution are handled by competition, under the law. The contest is organized by the Committee on appointments and discipline of the Legislative Council, consisting of 3 councillors, appointed by the President of the Legislative Council, which will operate according to the norms established by the organizing regulation and operation. ... + Article 19 They have the status of Legislative Council members President of the Legislative Council, section presidents, department heads and advisers. + Article 20 (1) The functions of the President of the Legislative Council, of section president, of counselor and of 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 political parties. ... + Article 21 (1) The position of president of the Legislative Council, of section president, of adviser or expert ceases by resignation, in case of violation of the provisions of art. 20, of loss of electoral rights, in the situation of final conviction for the commission of a crime or, as the case may be, in other situations provided by law. ... (2) Cease the exercise of the functions provided in par. (1) is found by the authorities before whom those who occupy these positions have taken the oath. ... + Article 22 Art. 20 20 para. (1) relating to incompatibilities shall also apply to the functions of Secretary General of the Legislative Council and Head of Department. + Article 23 (1) The violation of the provisions of this Law and of the provisions of the Regulation on organization and functioning of the Legislative Council shall entail the responsibility of the guilty and the application of disciplinary sanctions provided by law ... (2) The President of the Legislative Council and the section presidents are investigated for disciplinary misconduct by the joint legal committees of the two Chambers, and disciplinary sanctions apply by the permanent offices of the Chamber of Deputies and Senate. ... (3) The specialized personnel of the Council shall be investigated, for the disciplinary violations committed, by the Committee on appointments and discipline of the Legislative Council, and the sanctions shall be applied by the President of the Legislative Council, under the conditions the law and the regulation of organization and functioning. ... + Article 24 The salary and other salary rights of the staff of the Legislative Council are appropriate to those established for staff with similar functions in the apparatus of the two Houses of Parliament, except for the position of secretary general, which is assimilated, in terms of pay, to the position of head of department. + Article 25 The status of civil servants in the specialized structures of the Legislative Council is approved by special law. + Article 26 For the elaboration of studies and works of particular complexity, involving a high specialization, the President of the Legislative Council can approve the consultation of external collaborators, prestigious specialists, university teachers, scientific researchers or legal practitioners, with experience, who will benefit from the rights due according to the law. + Chapter V Final provisions + Article 27 (1) The budget of the Legislative Council is an integral part of the state budget. ... (2) The draft budget shall be drawn up by the Legislative Council, with the opinion of the Ministry of Public Finance. ... NOTE: We reproduce, below, art. II 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 were not included in the present republicable form. "" Art. II. -(1) The Legislative Council will take over from the Chamber of Deputies, within 15 days from the entry into force of this law, the staff with the posts related to the financial-accounting activity of their own, with the maintenance of the current salary rights. (2) The principal authorising officers shall be authorized to introduce the changes arising from the application of the provisions of par (1) in the maximum number of posts, in their structure, as well as in the structure of personnel expenses, with the opinion of the Ministry of Public ... Art. III. -The Legislative Council shall, within 30 days, make appropriate proposals to amend and supplement the Regulation on the organization and functioning of the Legislative Council, which it will submit for approval to the permanent offices of the Chamber Deputies and the Senate. Until approval of the amendment of the regulation, the current organizational structure of the Legislative Council, approved by Decision of the permanent offices of the Chamber of Deputies and Senate 1/1996 .. " -----
