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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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LEGE No 47 of 30 May 1995 on Romania's participation in the European Commission for Democracy by Law
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 111 of 2 June 1995



The Romanian Parliament adopts this law + Article UNIC Romania's participation in the European Commission for Democracy through Law is approved, established according to Resolution (90) 6 of 10 May 1990 of the Committee of Ministers of the Council of Europe, set out in the Annex to this Law, with the annual payment of the contribution related financial. This law was adopted by the Chamber of Deputies at the meeting of May 15, 1995, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE This law was adopted by the Senate at the meeting of May 17, 1995, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN Council of Europe Committee of Ministers RESOLUTION No. ((90) 6 on a partial agreement on the creation of the European Commission for Democracy by Law *) Note * *) Translation. ((adopted by the Committee of Ministers on 10 May 1990, at its 86th session) 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, Having regard to the resolution adopted by the Conference on the constitution of the Commission for Democracy by Law (Venice, 19-20 January 1990), which created the European Commission for Democracy by Law for a transitional period of 2 years, Considering that the conference participants invited the competent bodies of the Council of Europe to study, in consultation with the Commission, proposals aimed at specifying and developing the institutional links between this and the Council of Europe, congratulating that a large number of Member States have already expressed their intention to participate in the work of the Commission, Considering that the Commission will be a fundamental instrument for the development of democracy in Europe, Having regard to the decision of 23 April 1990 by which the Committee of Ministers unanimously authorised the Member States wishing to pursue these objectives within the Council of Europe by means of a partial agreement, Decide to establish the European Commission for Democracy by Law, which will be governed by the Statute annexed to this Resolution, agree to examine before 31 December 1992 the institutional links between the European Commission for Democracy by Law and the Council of Europe in the light of the experience of interest, in particular to further tighten them, where appropriate, by incorporate the Commission's activities into the Government of Europe's activities programme. + Annex 1 to Resolution no. ((90) 6 STATUS European Commission for Democracy by Law + Article 1 The European Commission for Democracy through Law is an advisory body that cooperates with the Member States of the Council of Europe, as well as with non-member states, especially those in Central and Eastern Europe. Its specific field of action is that of guarantees provided by law in the service of democracy. It follows the following objectives: -knowledge of their legal systems, especially in order to bring these systems closer together; -understanding their legal culture; -examining the problems of the functioning, strengthening and development of democratic institutions. 2. The Commission shall give priority to work on: a) the constitutional, legislative and administrative principles and technique that are at the service of the effectiveness of democratic institutions and their strengthening, and the principle of the primordiality of law; b) public rights and freedoms especially those concerning the participation of citizens in the life of institutions; c) the contribution of local and regional communities to the development of democracy. + Article 2 1. Without prejudice to the powers of the Council of Europe bodies, the Commission may carry out, on its own initiative, research and develop, where appropriate, draft laws, recommendations and international agreements. Any proposal by the Commission may be discussed and adopted by the statutory bodies of the Council of Europe. 2. The Commission shall deliver opinions at the request of the Parliamentary Assembly, the Secretary-General, and any Member State of the Council of Europe, addressed through the Committee of Ministers in its composition, restricted to the Member States of the Agreement. partially (hereinafter, the Committee of Ministers). 3. Any non-member state, as well as any intergovernmental organization may benefit from the commission's activity, addressing the request of the Committee of Ministers in order to obtain its agreement. 4. In carrying out its tasks, the commission cooperates with the International Institute of Democracy, created under the aegis of the Strasbourg Conference on Parliamentary Democracy. 5. The Commission may, in addition, establish links with institutes and centres of documentation, study and research. + Article 3 1. The commission includes independent experts of international renown as a result of their experience within democratic institutions or their contribution to the development of law and political sciences. 2. Experts, members of the commission, are designated as one of each country by the member states of the Council of Europe, members of the partial agreement. They remain in office for a duration of 4 years; their mandate may be renewed. The President of the Parliamentary Assembly and the President of the Regional Council of the Region of Venice or their representative may attend the 3. The Committee of Ministers may unanimously decide to accept the participation of any European non-member state of the Council of Europe in the commission's proceedings. After consultations with the Commission, the State concerned may designate either an associate member or an observer to be part of the commission. 4. Any other state may be invited, by the same modalities, to designate an observer. 5. Each State which has designated a Member or an Associate Member may designate an alternate. The modalities for the participation of alternates in the work of the Commission are defined in its internal rules + Article 4 1. The Commission shall elect, among its members, an office of the President, three Vice-Presidents and four other members. The term of office of the president, vice presidents and other members of the office is 2 years; however, the mandate of a vice president and two other members of the office, appointed during the first election, chosen by lot, will take end after a year. The President, Vice-Presidents and other members of the Office may be re-elected. 2. The President leads the committee's proceedings and ensures his external representation The Vice-Presidents shall replace the Chairperson if he or she is unable to preside. 3. The Commission shall meet in plenary session, whenever necessary, by convening by the President, who shall determine the place of the meeting. The Commission can also create small committees to deal with specific issues. 4. The Commission shall define its procedures and methods of work in its internal regulation and shall decide on advertising to be made to its activities. The working languages of the commission are English and French. + Article 5 1. The Commission may be assisted, where it considers it necessary, by 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 invite to participate in its works, on a case-by-case basis, any qualified person or any non-governmental organization acting in the areas of competence of the commission and which is likely to assist the Commission in meeting its objectives. + Article 6 1 1. The expenditure related to the implementation of the programme of activities and the current secretarial expenditure shall be subject to a partial agreement budget which will be financed by the Member States of the partial agreement and subject to the same provisions regulation as those provided for the other budgets of the organization. 2. In addition, the Commission may accept voluntary contributions which are paid into a special account opened within the meaning of Article 2. 4 4 para. 2 2 of the Council of Europe Financial Regulation. Other voluntary contributions may be intended for specific research. 3. The Venice Region provides the commission with a seat free of charge. The expenses related to the local secretariat and the operation of the commission's headquarters are assumed by the Venice region and the Italian Government, according to ways that will be determined by the said authorities. 4. The travel and subsistence expenses of each member of the commission shall be the responsibility of the designated country. + Article 7 Once a year, the Commission shall submit to the Committee of Ministers an activity report including 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 shall in addition ensure the liaison with the staff seconded by the Italian authorities at the 2. Staff seconded by the Italian authorities at the commission's headquarters are not part of the staff 3. The headquarters of the commission is established in Venice. + Article 9 1. The Committee of Ministers may adopt any amendment to this Statute with the majority provided for in art. 20 d) of the Council of Europe Statute, having received the opinion of the Commission. 2. The Commission may propose any amendments to this Statute to the Committee of Ministers, which shall decide by the majority mentioned above