Law No. 47 Of 30 May 1995 Concerning The Participation Of Romania In The European Commission For Democracy Through Law

Original Language Title:  LEGE nr. 47 din 30 mai 1995 privind participarea României la Comisia europeană pentru democraţie prin drept

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LAW No. 47 of 30 May 1995 concerning the participation of Romania in the European Commission for democracy through law, the PARLIAMENT published in ISSUING the OFFICIAL GAZETTE NR. 111 of 2 June 1995, the Parliament of Romania adopts this law.


The sole article approving the participation of Romania in the European Commission for democracy through law, set up according to Resolution (92) 6 of 10 May 1990 of the Committee of Ministers of the Council of Europe, referred to in the annex to this law, payment of annual financial contribution.
This law was adopted by the Chamber of deputies at its meeting of 15 May 1995, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE this law was adopted by the Senate at its meeting on 17 May 1995, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. OLIVIU GHERMAN COUNCIL of EUROPE COMMITTEE of MINISTERS RESOLUTION No. (90) 6 relating to a partial agreement establishing the European Commission for democracy through law) * Note *) version.

(adopted by the Committee of Ministers on 10 May 1990, at a session of the 86)
Representatives of the Committee of Ministers of Austria, Belgium, Cyprus, Denmark, Finland, France, Greece, Ireland, Italy, Luxembourg, Malta, Norway, Portugal, San-Marino, Spain, Sweden, Switzerland and Turkey, taking into account the resolution adopted by the Conference for the establishment of the Commission for democracy through law (Venice, January 19-20, 1990), which created the European Commission for democracy through law for a transitional period of two years, believing that the participants at the Conference also invited the competent organs of the Council of Europe to study in consultation with the Commission, concerning its proposals in detail and to develop institutional ties between it and the Council of Europe, praised as a great number of Member States have already expressed their intention to participate in the work of the Commission, believing that it will constitute a fundamental instrument for the development of democracy in Europe, having regard to the Commission decision of 23 April 1990 whereby the Committee of Ministers approved unanimously by Member States who wish to pursue these objectives within the framework of the Council of Europe by means of a agree in part, decided to establish the European Commission for democracy through law, which will be governed by the statutes annexed to this resolution, have agreed to examine, before 31 December 1992 the institutional links between the European Commission for democracy through law, Council of Europe, in the light of experience acquired, in particular, to make them even more, stringe where appropriate, incorporating the Commission's activities in the Government programme of activities of the Council of Europe.


Annex 1 to resolution No. (90) 6 European Commission for democracy STATUTE by law Article 1 the European Commission for democracy through law is an advisory body which cooperates with the Council of Europe Member States and non-Member States, in particular those in Central and Eastern Europe. or specific Field of action is that of guarantees provided by the law in the service of democracy. It pursues the following objectives:-knowledge of their legal systems, especially in order to bring these systems;
-understanding their legal culture;
-examination of problems posed by the operation, development and strengthening of democratic institutions.
2. the Commission shall give priority to the work relating to: principles and technique of the) constitutional, legislative and administrative provisions that are in the service of democratic institutions and the effectiveness of their build, as well as the principle of primordialitatii law;
  

(b) the public rights and freedoms) particularly those relating to the participation of the institutions;
  

c) contribution of local and regional communities in the development of democracy.
  


Article 2 1. Without prejudice to the competence of the organs of the Council of Europe, the Commission may carry out investigations on its own initiative, and to develop, where appropriate, draft laws, international agreements and recommendations. Any Commission proposal may be discussed and adopted by the statutory organs of the Council of Europe.
2. the Commission shall deliver opinions at the request of the Parliamentary Assembly, the Secretary-General, as well as any State member of the Council of Europe, addressed through the Committee of Ministers in its limited in capacity to Member States of the partial agreement (hereinafter, the Committee of Ministers).
3. Any non-Member State, as well as any intergovernmental organization can benefit from the work of the Commission, the Committee of Ministers request adresind in order to obtain its agreement.
4. in carrying out its tasks, the Commission cooperates with the International Institute of democracy, created under the auspices of the Conference on the parliamentary democracy.
5. the Commission may, in addition, to establish links with institutes and centers of documentation, study and research.


Article 3 1. The Commission belong to independent experts of international renown as a result of their experience in democratic institutions or their contribution to the development of law and political sciences.
2. Experts, members of the Commission, are appointed in each country by one of the Member States of the Council of Europe, members of the agreement. They shall remain in Office for a term of 4 years; their term of Office shall be renewable. The President of the Parliamentary Assembly and the President of the regional Council of Venice or their representative may attend the work of the Commission.
3. the Committee of Ministers may decide, unanimously, to the participation of any State's admission to the european Council of Europe non-member in the work of the Commission. After consultation with the Commission, the State may appoint either an associate member or an observer, who will be part of the Commission.
4. Any other country may be requested after the same ways, to nominate an observer.
5. Each State to appoint a member or an associate member may designate an alternate. Modalities for participation in the work of the Commission are deputy members defined in regulation of its interior.


Article 4 1. The Commission shall elect, from among its members, a Bureau composed of a President, three Vice-Presidents and four other members. The term of Office of the President, the Vice-Presidents and the other Bureau members shall be two years; However, the term of Office of a Deputy Chairman and two other members of the Bureau, appointed during the first election, chosen by drawing lots, will end after one year, the President, Vice-President and other members of the Bureau can be re-elected.
2. The President of the Commission and directs the secure its external representation. Vice-Presidents you replace the Chairman in the event that it is unable to preside.
3. the Commission shall in plenary session brings together, whenever necessary, by convening by the President, which determines the place of the meeting. The Commission may also create restricted committees to deal with specific issues.
4. the Commission shall define the procedures and its working methods in regulation or inside and decide on advertising to be made of its activities. The Commission's working languages are English and French.


Article 5 1. The Commission may be assisted when they deem it necessary, consultants, particularly competent in the field of law or institutional practice of the country or countries concerned.
2. The Commission may also proceed to hearings or to invite to participate in its work, on a case by case basis, any qualified person or any non-governmental organization acting in the fields of competence of the Commission and which is likely to assist the Commission in the fulfilment of its objectives.


Article 6 1. Expenditure related to the implementation of the programme of activities and current expenses of the secretariat are subject to a partial agreement budget which will be funded by the Member States of the partial agreement and subject to the same regulatory provisions as those laid down for the other budgets of the organization.
2. in addition, the Commission may accept voluntary contributions which are paid into a special account opened for the purposes of art. "". 2 of the financial regulation of the Council of Europe. Other voluntary contributions may be used for specific research.
3. The region of Venice is available at Commission headquarters. Expenditure related to the functioning of the Secretariat and the local headquarters of the Commission shall be assumed by the Venice region and the italian Government, in accordance with modalities to be established by the said authorities.
4. Travel expenses and subsistence of each Member of the Commission shall be borne by the country that appointed him or her.


Article 7, once a year the Commission shall submit to the Committee of Ministers a report containing the general lines of its future activities.


Article 8 1. The Commission shall be assisted by the General Secretariat of the Council of Europe, which provides, in addition, liaison with the personnel detached the Italian authorities at the Commission's headquarters.
2. personnel seconded by the Italian authorities at the headquarters of the Commission is not part of the staff of the Council of Europe.
3. The Commission's headquarters is established in Venice.


Article 9 1. The Committee of Ministers may adopt any amendment to this Statute by the majority laid down in article 21. 20 d) of the Statute of the Council of Europe, after receiving the opinion of the Commission.
2. The Commission may propose any amendment to this Statute the Committee of Ministers, which shall decide by a majority of the above mentioned