Law No. 24 Of April 12, 1996 For The Modification And Completion Of The Law On Local Public Administration No. 69/1991

Original Language Title:  LEGE nr. 24 din 12 aprilie 1996 pentru modificarea şi completarea Legii administraţiei publice locale nr. 69/1991

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070756/-lege-nr.-24-din-12-aprilie-1996-pentru-modificarea-i-completarea-legii-administraiei-publice-locale-nr.-69-1991.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
LAW No. 24 of 12 April 1996 on the modification and completion of the law on local public administration no. 69/1991 published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 76 of 13 April 1996 the Romanian Parliament adopts this law.


Article 1 the law on local public administration no. 69/1991, published in the Official Gazette of Romania, part I, no. 238 of 28 November 1991, alter and completed as follows: 1. Article 1 (1) shall read as follows: "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 citizens ' consultation on local problems of special interest."
2. After paragraph 1 of article 1 insert a new paragraph which shall become paragraph 2, having regard to the following content: "local autonomy is the only administrative and within the law."
3. Paragraph 2 of article 1, paragraph 3, which becomes the change and shall read as follows: "local autonomy concerns the Organization and functioning of local public administration and represents the right and actual capacity of local public administration authorities to resolve and manage, in his own name and under their responsibility, part of the importance of public affairs in the interest of local communities which they represent. By locality means the totality of the administrative-territorial unit. "
4. paragraph 3 of article 1 paragraph 4 becomes.
5. Article 3 shall read as follows: ART. 3-the delimitation of the Commons, cities and counties shall be determined by law. Any modification of their territorial limits can only be made in accordance with the law and with prior consultation of the citizens of the respective administrative-territorial units, through the referendum which is organized according to the law. "
6. Article 7 shall read as follows: ART. 7-In each county shall elect a County Council, as a public administration authority that coordinates the activity of local councils in order to achieve the public services of County interest. County Council elects from its members, turn on the President, the Vice-Presidents and the permanent delegation's. "
7. Article 11 2 shall read as follows: "the prefect is the representative of the Government of the region. He leads the decentralized public services of ministries and other central bodies of public administration, organized in the territorial-administrative units. "
8. In article 12, the second paragraph shall be inserted after a new paragraph which shall read as follows: the prefect responsible according to the law, at the request of local authorities and regions, where the administrative court determines that their act was improperly or in bad faith. "
9. Article 14 shall read as follows: ART. 14-the number of members of each local Council shall be determined by order of the prefect, depending on the population of the city or the National Commission for reported Statistics on 1 January of the current year or, where appropriate, by 1 July of the year preceding the elections, as follows: the number of the inhabitants of the commune or city councilors-up to 3,000 11-between 3,001 and 5,000 13-between 5,001 and 7,000 15-7,001 10,000 17-between and among 10,001 and 20,000 19-between 50,000 21 20,001 and 50,001-100,000 23-between and between 100,001 and 200,000 25-between 200,001 and 400,000 31-over 400,000 35 General Bucharest City Council is composed of a number of 65 counselors. "
10. Article 15 shall read as follows: ART. 15-the quality of counsel is incompatible with the function: prefect) and the subprefect;
  

b) clerk in your device of communal councils, city and County and the respective prefectures, and the leader of the local autonomous public corporation and the County and the specialized public service of City Council and the County;
  

c) primary function;
  

d) Deputy, senator, Adviser to the President or a member of the Government.
  

Other incompatibilities may be established by law. "
11. Article 16 paragraph 1 shall read as follows: "the establishment of local councils is made within 20 days of the date of the election. Convening the constituting sitting Councillors is made by prefect. The constituting sitting President or representative or participate. The meeting will be convened with the Mayor, even though its validation procedure has not been completed. "
12. Article 16 2 shall read as follows: "the meeting is legally constituted, if you attend at least two thirds of the elected councilors. Where this cannot be ensured, the majority will keep you sitting, right, over 3 days, under the same conditions. If no second convocation meeting cannot constitute legal, will carry out a new calling, over three days. The new convocation, the meeting will be legally constituted, if it ensures the presence of a majority of Councillors elected. In the event that the Council cannot constitute any since the last muster, due to absence without reasonable grounds, advisers, the President will declare vacant the seats of elected Councillors, which lacked the unmotivated ones 3 previous convocation, if they can't be replaced with alternates on the respective lists, and will hold elections, within 30 days under the terms of the law on local elections. The order by which the prefect to declare vacant the seats of Councillors who lacked unmotivated can be attacked by those concerned, to the administrative court within 5 days of receipt. The judgment of first instance shall be final and irrevocable. "
13. In article 16, paragraph 2 shall be inserted after a new paragraph which shall read as follows: "the absence of Councillors from the constituting sitting is motivated, if, due to illness, they are netransportabili, or if you are going abroad in the course of their work."
14. Article 17 3 b) shall read as follows: "(b)) was Adviser choice made by electoral fraud, as established by the Central Electoral Bureau, or any other violation of the law on local elections."
15. Article 4 shall read as follows: "the validation or invalidation of mandates is made majority vote of the Councillors present at the meeting. The person whose mandate is subject to validation or invalidation shall not participate in the vote. "
16. Article 6 shall read as follows: "judgments validating or invalidating the mandates of Councillor may be attacked by those concerned, to the administrative court shall, within 5 days after the adoption of the communication, or if those absent from the meeting. Judgment of the Court is final and irrevocable. "
17. Article 19 shall read as follows: ART. 19-Advisor's mandate is terminated ahead of schedule, in the case of death; resignation; incompatibility; change of domicile to another administrative-territorial unit; absence without leave from more than 3 consecutive ordinary meetings of the Council; impossibility to be exercised for a period greater than six months; where it has been found by final judgment, after remaining validation of mandates, as the choice was done through electoral fraud or otherwise in violation of the law on local elections; in the event of a conviction by final judgment to a deprivation of liberty, under prohibition for mental alienation or debility or in case of loss of electoral rights. Ceasing to be counsel of notice by decision of the local Council. In case of resignation, the hearing can go back over it, until the judgment. "
18. Article 20 shall be repealed.
19. Article 21, paragraph 2 (a)), c), (d)),),),),),),),),) and x) will read as follows: ") reaching from choose advisers, on the Deputy Mayor or, where appropriate, on another;"

c) approve studies, forecasts and indicative programmes for economic and social development, organization and landscaping; "" (d) approve the proposal) the Mayor, the organization chart, the number of staff from the Council's own, as well as the rules of organization and operation thereof. It also approves the organization charts and number of personnel to the autonomous administrations and public services of the City Council; "
"h) establish institutions and operators of local interest; decides upon the licensees or hiring of goods or public services of local interest, as well as on the participation or capital goods, the companies for the production of works and services of public interest locally, according to the law; "
"i) called and released from his duties, according to the law, the drivers of economic agents and public institutions of local interest, which was under his authority;"
"j"), controls and analyses the activity of economic agents and public institutions under its authority; "
"k) establishes specific rules for public institutions and local businesses, which are under his authority, in compliance with the general criteria laid down by law;"
"public services) organize communal household, local transportation, urban networks and others, in terms of effectiveness and efficiency, and ensure the proper functioning thereof;"

"), in accordance with the law, organizational plans and urban development of localities in the administrative-territorial units, as well as landscaping and the steps necessary to achieve them; approve, according to legal and managerial competence, technical-economical investment for local interest and ensure the conditions necessary to achieve them, and in terms of quality; "
"n), within the framework of its competences, the necessary conditions for the proper officials of educational institutions, public health, culture, youth and sports, according to the law;"
"s) contributes to the protection measures and social assistance;"
"x) Decides, in accordance with the law, the association with other authorities of the local government or County for the completion of works and services of public interest, as well as working with businesses in the country or abroad for the purpose of carrying out actions or common interest;"
20. Article 21, paragraph 2 letter a) is repealed.
21. Article 21, paragraph 2 shall be supplemented by a new letter, which shall read as follows: "y) supports the work of religious worship, in accordance with the law."
22. Article 22(3) shall read as follows: ART. 22-City Council is elected for a four year term, which may be extended by organic law, in time of war or catastrophe.
The Council exercises his mandate from the date of lodging at the latest declaration that constituted the new Board elected.
The Council constituted by open vote with simple majority, for the duration of a session, a President. "
23. Article 23 shall read as follows: ART. 23-the Mayor is obliged to make available to Councillors, at their request, within a period not exceeding 15 days in accordance with the rules of operation of the local Council, information intended for the performance of their mandate. "
24. In article 24, paragraph 3 is inserted after a new paragraph which shall read as follows: "In case of force majeure and of utmost urgency to resolve the interests of the inhabitants of the commune or Town Council, convening local can be done immediately."
25. Article 5 shall read as follows: "the agenda shall be brought to the attention of the inhabitants of the commune or town through the local media, or by other means of advertising. The territorial-administrative units where national minorities have significant, the agenda shall be brought to the attention of citizens and in their language. "
26. Article 25 paragraph 1 shall read as follows: "local Council meetings are legally constituted, if it is present the majority of Councillors in Office."
27. In paragraph 3 of article 25 shall read as follows: "where the Council meets for 3 consecutive months or has not adopted in 3 consecutive meetings, no decision, and the number of Councillors shall be reduced by half plus one and cannot be complete by alternates, it dissolves."
28. Article 25 shall be inserted as new paragraphs 3, which will read as follows: "the dissolution of the Council shall be communicated by the Mayor, the Prefect who, by order, the dissolution of the Council and propose to the Government the holding of new elections.
The Prefect's order can be attacked by counselors at the Administrative Court, within ten days after the communication.
Setting the election date will be made only after expiry of the period referred to in paragraph 1. five or after final lag judgement which dismissed the action of Councillors within 30 days. "
29. Article 27(2) shall read as follows: ART. 27-debates in meetings of the Board shall be recorded in minutes signed by the Chairman of the meeting, Secretary and at least 3 advisers.
At the beginning of each meeting, the Secretary shall submit the minutes of the previous meeting and submit it for approval to the Council. Advisors have the right to appeal the contents of the report and ask for the exact indication of the opinions expressed and the previous meeting.
The minutes and the documents which have been debated in the meeting shall be deposited in a special file of the meeting in question, which will be numbered, signed and sealed by the President of the meeting, Secretary and advisers referred to in paragraph 1. 1. "30. Article 29, paragraphs 1 and 2 shall read as follows: "in exercising the functions incumbent on them, the City Council adopt decisions by a majority vote of the members present, except in cases in which the law or the rules of procedure of the Council require a different majority. In case of parity of votes, the decision shall not be adopted and resume deliberations in the next meeting.
Decisions concerning the management of public and private domain of the commune or town planning, organization and development of communities and regional planning and association with other Councils, public institutions or businesses in the country and abroad are passed with the vote of at least two thirds of the Councillors in Office. "
31. In article 29, paragraph 2 shall be inserted after a new paragraph which shall read as follows: "judgments on local budgets, as well as the setting of local taxes and fees shall be adopted by majority vote of the Councillors in Office. If the budget cannot be adopted after two consecutive readings, which will take place at an interval of not more than 5 days, the activity will take place on the basis of the previous year, pending adoption of the new budget. "
32. Article 5 shall read as follows: "draft decisions may be proposed by the advisers or the Mayor. Drafting is done by those who propose them. "
33. Article 30 paragraph 1 shall read as follows: "decisions of the Council shall be signed by the Chairman of the meeting, shall be countersigned by the Secretary and shall be communicated to the Mayor. If the President of the meeting lies in the failure to sign or refuses to sign, the judgment will be signed by one of the Councillors present. "
34. In article 30, paragraph 2, after you insert a new paragraph which shall read as follows: "Bringing to the attention of the public with normative rulings shall be made only after the expiry of the period in which the President may exercise the appeal before the Court of the administrative court or after final judgment lag through the action of the Commissioner was rejected."
35. Article 31 paragraph 1 shall read as follows: "cannot take part in the debates and the adoption of decisions which either Advisor personally or by the husband, wife, bilberry or relatives up to the fourth degree inclusive, has a proprietary interest in the subject of the debate."
36. Article 32 shall read as follows: ART. 32-the issues included in the agenda of the sitting City Council cannot be debated, as a rule, if they are not accompanied by the report on the specialized compartment of the apparatus of the Council, which will be developed within 30 days from the request, and the initiator of the specialized Commission of the Council. "
37. Article 33 shall read as follows: ART. 33-Counselors are responsible for the work of the local Council of solidarity to which they belong and for its decisions, that they have voted. In addition, each counselor is responsible for its own activity in the exercise of their mandate.
At the request of advisers, their vote will be recorded in the minutes of the meeting. "
38. Article 34 shall read as follows: ART. 34-the local Council may dissolve the Parliament if it passed repeated rulings, which were cancelled by the irrevocable court judgment as they contravenit the general interests of the State or violated the Constitution and the laws of the country.
The dissolution of the Council shall be by decision of the Cabinet of Ministers, on a proposal from the Commissioner, based on the final decisions of the Court. Judgment and reasons which have led to the issue thereof shall be notified to the members of the Council by the prefect within 5 days from its publication in the Official Gazette of Romania.
Dissolution judgment may be appealed by the advisors to the Administrative Court, within 10 days from the date of bringing to the notice pursuant to paragraph 1. 2. In this case, the prior procedure provided for in law no longer performs. Introducing the measure, suspend the execution of action of dissolution.
The date for holding the election of the new Board shall be established by the local government, at the initiative of the Commissioner, within 30 days of the expiry of the period referred to in paragraph 1. 3 or, where appropriate, the final judgement of the lag has been rejected action advisers.
Until the establishment of the new Council, the Mayor will solve the current issues of the commune or city. "
39. Article 35 shall read as follows: ART. 35-in the exercise of the function, counsellors are in the service of the local community, being protected by law.
Only from the date of referral to the Court or Prosecutor, the prefect may order, by order, the suspension of the hearing, where he was sent in for committing, of an intentional criminal offences, and where it has put in motion criminal proceedings if it has taken against him so far as pre-trial detention.
The suspension lasts until the final resolution of the case, except for the case in which the Prosecutor or court has called for the lifting of the measure previously. The suspension order shall be communicated without delay to the hearing.
Against the Councilor suspension order may apply to the Court in accordance with the law on administrative courts within 10 days of taking the knowledge. "
40. Article 36 shall read as follows:

"ART. 36-the proceedings of the City Council may participate, without the right to vote, the prefect, County Council President, parliamentarians, representatives, and persons invited by the local Council, whose presence is considered useful.
Citizens of the villages and hamlets that have no Councillors elected in local councils will be represented at the meetings by a delegation from the village. He was elected during the mandate of the City Council by a village Assembly, consisting of one representative from each family in the presence of the mayor or the cases. To discuss issues relating to their respective villages, village delegates will be invited in. Their vote is advisory. "
41. is inserted after article 36 Article 36 ^ 1, which shall read as follows: ART. 36 ^ 1-After Constitution, organize local committees, the main areas of activity.
May be members of the boards of specialized advisors only.
The specialized commissions they choose a President and a Secretary.
The specialized committees shall endorse the draft decisions from their field of activity.
The specialized commissions work in plenary sessions and take decisions by a majority vote of their members.
The organisation, functioning and powers of the boards of specialty shall be determined by the rules of procedure of the Council. "
42. Article 37 paragraphs 1, 2 and 4 shall read as follows: "the villages, towns and cities have a mayor and a Deputy Mayor; the municipalities and County residence Bucharest sectors have one primary and two vice-mayors, and Bucharest has a mayor and four deputy mayors, elected in accordance with the law. "
"The Mayor attend mandatory meetings of the local Council."
"Throughout the remainder of the term of Mayor and Deputy Mayor, their employment contract at public institutions, the autonomous administrations or to companies with majority state capital adjourn."
43. paragraph 3 of article 37 shall be repealed.
44. Article 38 shall read as follows: ART. 38-the Mayor's choice Validation is made within 20 days of the date of the election, in the Council Chamber, by a judge appointed by the President of the District Court in whose territory is situated the commune, town or administrative-territorial subdivision.
Validation of the election of the Mayor of the municipality of Bucharest is made by a judge appointed by the President of the Tribunal of Bucharest.
The invalidation of the election of the mayor shall have jurisdiction in cases referred to in article 1. 17 para. 3. The result of the validation is available in the constituting sitting of the Municipal Council or, where appropriate, in an extraordinary meeting, by a judge or a delegate of the Commissioner.
In case of invalidation of the Mayor's tenure, the election shall be held no later than 45 days after the date of invalidation, in the conditions established by the law on local elections. "
45. Article 39 paragraph 1 shall read as follows: "the Mayor of the local Council in the oath referred to in article 1. 18. The contingencies shall be filed and the oath in front of the President of the Court, which validated the election of Mayor. "
46. Article 40 shall read as follows: ART. 40-the Mayor's term of Office is four years and shall be exercised up to oath-taking by newly-elected mayor. The Mayor's term of Office may be extended, by an organic law, in time of war or catastrophe.
Cease to hold office before the deadline in case of death; resignation; incompatibility; change of domicile in another administrative-territorial unit; impossibility to be exercised for a period greater than six months; where it has been established by decision judecatoresca, the final remaining after validation of mandates, as the choice was done through electoral fraud or otherwise in violation of the law on local elections; in the case of definitive conviction to a penalty involving deprivation of liberty, and if placed under interdict for mental alienation or debility or in case of loss of electoral rights.
In the circumstances referred to in paragraph 1. 2, the City Council adopt a decision whereby notes ceasing to hold the Mayor and declare its holiday function.
In the event of resignation, pending the adoption by the City Council in which the decision referred to in paragraph 1. 3, the Mayor can return over resignation. "
47. Article 41 shall read as follows: ART. 41-the Mayor may be dismissed for the reasons set out in art. 34 para. 1, which shall apply accordingly, if its acts were issued in bad faith.
The dismissal of the Mayor, based on final decisions of the Court, shall be effected by decision of the Cabinet of Ministers, on a proposal from the Commissioner. Judgment and reasons which have led to the issue thereof shall be notified to the mayor by the prefect within 5 days of the judgment was published in the Official Gazette of Romania.
The judgment of dismissal may be appealed by the Mayor to the Administrative Court, within 10 days from the date of bringing to the notice pursuant to paragraph 1. 2. In this case, the prior procedure provided for in law no longer performs. Introducing the measure, suspend the execution of action of dismissal. "
48. is inserted after article 42 article 42 ^ 1, which shall read as follows: ART. 42 ^ 1-in exercising the functions of officer of civil status and authority tutelara, and of the burden of the normative acts concerning the census, to the Organization and conduct of elections, bringing to the attention of citizens, as well as such other duties set by law, the Mayor also acts as a representative of the State in the village or in the city where he was elected.
In exceptional cases, if the Mayor refuses or is unable to exercise some of the powers referred to in paragraph 1. 1 or other special laws, those powers shall be exercised by the Secretary. "
49. Article 43 paragraph 1 i), j), (k)),),),) and x) will read as follows: "(i) take measures to prevent) and limiting the consequences of fires, calamities, disasters, epidemics or epizootic diseases, together with specialized organs of the State. For this purpose, can mobilize and population, economic agents and public institutions in the village or in the city, which are required to execute the measures provided; "
"j) ensure public order and tranquility of residents through the guardians and with the help of police, police, fire brigades and civil defence services, which are obliged to answer its requests, in accordance with the law;"
"k) directs and supervises the work of guardians in accordance with contractual commitments public;"
"n) controls and sanitation public premises hygiene and food put on sale for the population, with the support of specialized bodies;"
"s) leads local public services; ensure the smooth functioning of civil status services and authoritative tutelara; oversees the implementation of measures of assistance and social assistance; "
"v) appoint and be released from Office staff from your own City Council, with the exception of the Secretary; propose to the City Council ousted the leaders of economic agents and public institutions of local interest, which is under the authority of the local Council in question; "
"x) shall supervise the work of the local Council's own device;"
50. Article 43 paragraph 1 letter z) becomes the letter y).
51. After article 43 article 43 is inserted: ^ 1, which shall read as follows: ART. 43 ^ 1-Mayor presents quarterly or at the request of local Council information concerning the execution of the decisions of the Council. "
52. Article 44 shall read as follows: ART. 44 deputy mayors, Mayor disposal delegate issued within 30 days after the validation exercise some of the powers under art. 43, especially those referred to. k), n))) and y), except as provided in (b). a)-g)), j))) t).
The powers of the civil status officer may be delegated to the Secretary or other cases, officials with competence in this area.
Duties of the incumbent Mayor, under art. 42 ^. 1, except for the civil status officer, cannot be delegated. "
53. After article 44 shall be inserted in article 44 ^ 1, which shall read as follows: ART. 44 ^ 1-Vice Mayor is elected by secret ballot by a majority vote of the Councillors in Office. It keeps the quality Advisor. Remainder of the cases is equal to that of the mandate of the City Council. Provisions of art. 40 para. 2 and 3 shall apply accordingly.
The dismissal of the cases is done by the City Council, on a proposal by one third of the number of Councillors, decision adopted with the votes of two-thirds of the Councillors in Office. Provisions of art. 41 para. 3 shall apply accordingly. "
54. Article 46 shall read as follows: ART. 46-in the exercise of the function, the Mayor is protected by law.
The prefect may order, by order, suspend from Office the Mayor where he was sent in for committing, of an intentional criminal offences, and where it has put in motion criminal proceedings if it has taken him so far as pre-trial detention.
The suspension may be ordered only upon reasoned request by the Court or the Prosecutor.
The suspension lasts until the final resolution of the case, except for the case in which the Prosecutor or court has called for the lifting of the measure previously.
The suspension order shall be communicated immediately to the Mayor. Against the order of suspension, the Mayor may apply to the Court in accordance with the law on administrative courts within 10 days of taking the knowledge.

If the Mayor suspended from Office was found not guilty, he shall be entitled to compensation under the law.
The provisions of this article shall be applied properly and deputy mayors, their suspension and was willing for the City Council by decision adopted by a majority of Councillors in Office. "
55. Article 46 shall be inserted After article 46 ^ 1, which shall read as follows: ART. 46 ^ 1-in the case of vacation to Mayor, and in the case of suspension from Office of it, his duties will be exercised, by operation of law, by the Deputy Mayor, until the validation of the new mayor's mandate or, where appropriate, until the termination of the suspension.
In the situation referred to in paragraph 1. 1, the City Council, by a delegate from its members turn, a counselor, who will perform the duties of the temporary cases.
Where are suspended from his duties at the same time, both the Mayor and Deputy Mayor, the City Council has delegated an aide that will meet both the powers of the Mayor and of the cases, up to the termination of the suspension.
If they become vacant at the same time, both the Mayor and the Deputy Mayor, the City Council shall elect a Deputy Mayor, new paragraph. aplicindu 1 and 2 until the election of a new mayor. The establishment by the Government of the date of election of the new mayor will be made within 30 days from the date when the two functions have become vacant. "
47. Article 56 shall read as follows: ART. 47-Every city and township administrative-territorial subdivision of the municipality has paid a Secretary from the local budget. The Secretary is the public servant, with higher education legal or administrative. Exceptionally, at the joint and the cities of 30,000 inhabitants given underneath, the Secretary may be appointed and persons who have higher education or other studies. The Secretary may not be a member of a political party or a political formations, under penalty of dismissal. "
57. Article 48 shall read as follows: ART. 48-the appointment of the Secretary General on the basis of proposals from the City Council, the Mayor's initiative, based on a competition or examination.
The competition is organised by exam or by the Mayor, according to the law, within 45 days of the date on which the vacancy occurred. From the Commission of competition or examination will, necessarily, a representative of the Commissioner, of the President of the County Council and City Council respectively. The order of appointment is issued no later than 10 days after receipt of the proposal.
The Secretary enjoy stability and is subject to the rules contained in the status of public functionary.
Dismissal of the Secretary shall be made by the prefect, the local Council's proposal only passed with the vote of at least two thirds of the Councillors in Office, at the initiative of the mayor or of a third of the number of Councillors.
Disciplinary sanction is made Secretary of the prefect on a proposal from the mayor or City Council, according to the law. "
58. In article 49, paragraph 1 after the letter a) is inserted in point a) ^ 1, which shall read as follows: ") ^ 1 ensure the smooth operation of the compartments and legal activities within the apparatus of the local Council;
59. Article 49 paragraph 1 b) and (c)) shall read as follows: "(b)) advises draft decisions of the City Council, assuming the responsibility for their legality;"
"c) receives and distributes correspondence; pursues legal response; "
60. In article 49, paragraph 1 after the letter j) introduce the letters k and l)), which will read as follows: "k) ensure the functioning of the civil status of compartments, tutelara and social protection authority;"
"it) you take with regard to the organizations of the administrative-territorial unit and make proposals to the mayor or City Council to resolve the problems related to their proper functioning."
61. The title of section 2 of Chapter 4 shall read as follows: "Public Services, and the device's own local Council" 62. Article 51 shall read as follows: ART. 51-appointment and dismissal of the staff of the public service of the district and the city are carried out by their leaders, according to the law.
The appointment and dismissal of the staff of the local Council shall be made by the Mayor, according to the law.
The City Council may recommend, motivated, the Mayor ousted rulers the compartments. "
63. Article 52 shall read as follows: ART. 52-the City Council approves the regulations on the organisation and operation of the device's own competences and responsibilities, staff shall determine, subject to the conditions provided by law. "
64. Article 53 shall read as follows: ART. 53-conditions relating to the appointment, employment, promotion, sanction and dismissal, the rights and obligations of public service personnel of the district and the city, as well as of the personnel of the local Council shall be established by law and regulations.
Officials from the local Council's own enjoy stability and are subject to the provisions of the Statute of public officials. "
65. Article 54 paragraphs 2 and 3 shall read as follows: "Citizens belonging to national minorities in their relations with local governments and with them, may apply orally or in writing in their native language.
Applications submitted in writing will be accompanied by their translation in Romanian language. "
66. According to article 54 article 54 is inserted: ^ 1, which shall read as follows: ART. 54 ^ 1-Mayor, Vice Mayor, Secretary of the village, city or municipality, together with your own local Council constitutes the Town Hall the commune, town or municipality, a public institution with a permanent activity that brings the effective compliance with the decisions of the Municipal Council and find solutions to problems of the local community in which it operates. "
67. Article 56 shall read as follows: ART. 56-the number of Councillors for each County Board shall be fixed by order of the prefect, depending on County population, reported by the National Statistics Commission as from 1 January of the current year or, where appropriate, by 1 July of the year preceding the elections, as follows: "the number of the inhabitants of the county councilors-up to 350,000 37-between 350,001 and 500,000 39-between 500,001 and over 650,000 45 650,000 41-' 68. Article 57 shall be repealed.
69. Article 58 shall read as follows: ART. 58-The choice and the setting up of the County Council shall apply, as appropriate, the provisions of art. 15-19 and 36 ^ 1. "
70. Article 59 paragraph 1 shall read as follows: "County Council County public administration authority is coordinating the activity of communal and municipal councils, in order to achieve the public services of County interest, and exercises, in this respect, the following powers: ' 71. Article 59 paragraph 1 letter b), after insert point b) ^ 1, which shall read as follows: "(b)) ^ 1 grant local councils and their own apparatus, as well as public services of communes and towns, support and technical assistance, legal and any other, at their request;"
72. Article 59 paragraph 1 (e)), i), j), (k))), n) and s) will read as follows: "(e) the adoption of the budget) of the County and the account of the end of the budget year;"
"i) choice of advisors and issued, under this law, the President, the Vice-Presidents and the permanent delegation;"
"j) adopt its rules of procedure;"
"k) approve, within the limits of legal norms, organizational structure and staff number from your device;"
"m) Decides, in accordance with the law, the establishment of institutions and economic entities of interest, dobindirea, concession or leasing of property in the area of private and public services of County interest, as well as participation in goods and capital to the companies, for the realization of works and services of County interest;"
"n) appoint and shall issue the leaders of economic agents under his authority and public institutions of County interest; seeks and controls their work, analyzing the quarterly reports thereof; "
"s) assigns, in accordance with the law, on a proposal from local councils, the names of streets, squares and places of local interest";
73. In article 59, paragraph 1 after the letter s) is inserted in point t), which will read as follows: "t) Decides, in accordance with the law, the association with other authorities of the local government or County for the completion of works and services of public interest, as well as working with businesses in the country or abroad for the purpose of carrying out actions or common interest."
74. Article 60 shall read as follows: ART. 60-County Council is elected for a four year term, which may be extended, by an organic law, in the event of war or catastrophe.
County Council exercises his mandate until the date of its formation, declaring that constituted the new Board elected. "
75. Article 61 paragraphs 1, 2 and 4 shall read as follows: "the Council shall meet in ordinary sessions once every two months."
"The County Council may meet in extraordinary sessions whenever it is necessary, at the request of the President, at least one-third of its members or of the permanent delegation."

"The provisions of art. 24 para. 5, art. 25, art. and article 26. 28 shall apply accordingly. "
76. Article 62 shall read as follows: ART. 62-County Council, in exercising that competence to adopt decisions. Judgments shall be signed by the Chairman or Deputy Chairman of the County Council who headed the meeting and countersigned by the Secretary. "
77. Article 63 shall read as follows: ART. 63-County Council elects from among its members, the duration of their mandate, the President and Vice-Presidents of the Board 2, 4 or 6 councilors, with due regard, as possible, the policy configuration, which, together, constitute the permanent delegation.
The President and Vice-Presidents of County Council Chairman and Deputy Chairmen are and you have permanent delegation.
The President and Vice-Presidents of the County Council are elected by a majority vote of Councillors in Office.
Dismissal of the President and the Vice Presidents can be made by the County Council, at the recommendation of at least one third of the number of Councillors, if the requirements are met for the dismissal of the Mayor and only with the votes of two thirds of the Councillors in Office.
During the exercise of their mandate, the terms of employment of the President and Vice-Presidents of County Council at public institutions, the autonomous administrations and the companies with majority state capital adjourn. "
78. Article 64 shall read as follows: ART. 64-Permanent Delegation of the County Council, established under art. 63, performs the following main tasks: (a)) prepares the draft agenda of the meeting of the Council;
  

b) examines the draft decisions which will be submitted to the Council for debate and adoption and ensure their validity;
  

c) preparing the meetings of the Council, thanks works preparation of all documents subject to debate;
  

d) proposes convening extraordinary sessions of the President;
  

subject to Council approval, e) rules of procedure;
  

f) establishes the necessary measures to comply with decisions of the County Council and analyses periodically, their State of completion.
  

Permanent delegation meets any other duties stipulated by law or by the rules of procedure of the Council, prepared and approved in compliance with legal norms.
The Organization and operation of the permanent delegation is established by the rules of procedure of the Council.
County Secretary and Secretary of the permanent delegation is. "
79. Article 66 shall read as follows: ART. 66-County Council President is the head of the public administration and is responsible for the proper functioning of the specialized compartments of the County Council, as well as traders under the authority of the Council.
President of the County Council representing the County in its relations with other public authorities, legal entities and physical persons in the country and abroad, as well as the judiciary.
The County Council's own device reports its President. "
80. Article 67 par. 1 b), f) and g) will read as follows: "(b)) ensure enforcement of the County Council;"
' f) prepares the draft budget of the County and the account of the end of the budget year and submit them to the Council; "
"g) called, and release from Office imposed on the staff of the County Council, in accordance with the law."
81. Article 69 shall read as follows: ART. 69-Each county and Bucharest have a Secretary, paid from the budget of the County, the municipality of Bucharest. The Secretary is Clerk and has higher education legal or administrative. The Secretary may not be a member of any political party or political party under penalty of dismissal.
Secretary's appointment is made by the Department for local public administration on a proposal from the County Council, on the initiative of its President, general Mayor of Bucharest.
Appointment is made on the basis of examination or competition law organized by the President of the County Council, said the Mayor, within 45 days of the date on which the vacancy occurred. From the Commission or by the competition will, necessarily, a representative of the Department for local public administration.
The issue of provision of appointment will be made no later than 10 days after receipt of the proposal.
Dismissal or disciplinary sanction, and the Secretary of the County are made by the Department for local public administration, only on a proposal from the County Council, which was adopted by the vote of at least two thirds of the Councillors in Office, at the initiative of its President or one third of the Councillors.
The Secretary of the County are properly applicable provisions of this Act relating to the city and commune Secretary.
The Secretary of the County and the municipality of Bucharest attributions which, according to law, the County and the municipality of Bucharest, in the fields of civil status, guardianship and protection of minors, coordinating the specialized compartments of the County Council or, where appropriate, of the municipality of Bucharest, whose main activity is entering those powers. "
82. Article 70 shall read as follows: ART. 70-the provisions of this law concerning the Organization and functioning of local councils, as well as those concerning primary education, except for those relating to duties, apply properly the County Council and its President.
The dissolution of the County Council, where no meets for 6 consecutive months, and the number of Councillors was reduced under half plus one and cannot be complete by alternates, shall be notified to the prefect and the Secretary of the County Government. After carrying out the necessary checks, the Government issues a judgment by which the notes of the dissolution of the County Council.
Provisions of art. 25 para. 5 and 6 shall apply accordingly.
During the period in which the County Council is dissolved or could not constitute law, current issues in the competence of its President, resolves the trustee appointed by the Government, having the status of public official. "
83. After article 70 shall be inserted in Chapter 6 "public administration of Bucharest", comprising articles 70-70 ^ 1 ^ 4.
84. Article 70 ^ 1 shall read as follows: ART. 70 ^ 1 to Bucharest Sectors are organised as administrative-territorial subdivisions thereof. "
85. Article 70 ^ 2 shall read as follows: ART. 70 ^ 2-Bucureşti public administration is carried out by the local councils of the sectors of Bucharest and the General Bucharest City Council as deliberative authority, as well as by the town councils of the sectors of Bucharest and Bucharest Mayor as the executive authority elected in accordance with the law concerning local elections. "
86. Article 70 ^ 3 will read as follows: ART. 70 ^ 3-local councils of Bucharest Municipality sectors operating in the conditions laid down in this law for the local councils of municipalities and cities shall exercise the powers laid down for them, except for the art. 21. 2(a) b), c), (f)),),),) and z). The budgets of administrative-territorial subdivisions of the municipality of Bucharest is approved by their local councils, with the consent of the General Council of Bucharest. The tasks referred to in article 1. 21. 2(a) g), h, i))), k) and t) may be exercised by the local councils of the sectors only on the decision of the General Council of Bucharest.
The General Council of Bucharest is chosen, are founded and operates under the provisions of this law and those of the law on local elections for local councils, which are applied in an appropriate manner.
Mayors and deputy mayors of Bucharest Municipality sectors operating in the conditions laid down in this law for the town councils and mayors of communes and towns and duties laid down in this law for the town councils and mayors of communes and towns, with the exception of those referred to in article 1. 43 para. (b) (c)), l) and m), which is exercised by the Mayor of the municipality of Bucharest.
Decisions of the General Council of Bucharest and the provisions of the general Mayor of Bucharest are mandatory and organised for public administration authorities in the sectors of Bucharest.
Mayor of the municipality of Bucharest along with mayors of sectors of Bucharest shall meet at least once a month, at the request of the Mayor, to analyze how you are brought up to compliance with the decisions of the General Council of Bucharest and the provisions of the general Mayor of Bucharest, establishing appropriate measures. At the meeting and the prefect of Bucharest.
The General Bucharest City Council, Mayor and deputy mayors of Bucharest attributions provided for by law for local councils, mayors and deputy mayors for the communes and cities which apply accordingly.
Authorities referred to in paragraph 1. 1 and 2 apply to them properly and the article. 71-95, 111 and 112 of this Act. "
87. Article 70 ^ 4 shall read as follows:

"ART. 70 ^ 4-article 96-110 looking County prefect and Administrative Commission is applied properly and prefect of Bucharest and administrative Commission organized around the prefecture. "
88. Chapter 6 "goods and works" becomes a chapter 7.
89. Article 72 shall read as follows: ART. 72-belong to the public domain local or County any property which, by law or by their very nature, are affected by a public utility, or of public interest and have been declared of national interest. Public domain goods of local interest include county or land on which are located the building of local interest or the County, street markets, networks, public parks, monuments, buildings of public interest or the County forests and lakes which, by law, do not belong to the public domain of national interest. May belongs to public domain local or County and other goods purchased by the commune, town or County, according to the law. "
90. paragraph 1 of article 76 shall read as follows: "the local councils and the County decided that goods belonging to the public domain or private, local or County, as applicable, to be placed in administration of autonomous public corporations and public institutions to be leased or to be hired. They also decide on buying and selling property belonging to the private sector, local or County, according to the law. "
91. Article 77 shall read as follows: ART. 77-local and County Councils can contract, according to the law, works, and services of public utility, within the limit of the amounts approved by the local budget and the County, as applicable, or of the public. "
92. Article 78 shall read as follows: ART. 78-local councils and the county can use free of charge, for a limited period, their heritage real estate companies and public institutions or charitable, recognized as legal persons for the performance of activities which meet the requirements of the citizens of the Township, city or County. "
93. Article 79 shall read as follows: ART. 79-construction and repair Works in the public interest shall run on the territory of municipalities, cities, municipalities and counties only on the basis of approved technical economic documentation or, where applicable, approved by the City Council or County, according to the law. "
94. Article 80 shall read as follows: ART. 80-Documentation of urbanism and landscaping regarding common, city and County, shall be drawn up and approved in accordance with the law. "
95. Chapter 7, "Managing public finances" becomes Chapter 8.
96. In article 83 shall be inserted a new paragraph which shall read as follows: "local public administration authorities shall be entitled to sufficient own resources, commensurate with the competences delegated to them under the law of which they can freely dispose."
97. According to article 84 shall be inserted in article 84 1 ^ shall read as follows: ART. 84. ^ 1-distribution of administrative-territorial units of amounts broken down from taxes and transfers from the State budget, which is set annually by the State budget law, shall be carried out by the County Council in conjunction with the Directorate-General for the county public finance and financial control by the State, after consulting the mayors and representatives of local councils.
Amounts broken down by administrative-territorial units in accordance with paragraph 1. 1 must be used according to their intended use and eşalonării established by the budget approved by the City Council or County. "
98. Article 87 shall read as follows: ART. 87-For operation of public services, local or County created in the interests of residents, local councils and regions shall establish special taxes, according to the law.
The amount of special fees shall be established to cover at least the amounts invested and the recurrent expenditure for the maintenance of these facilities. "
99. After article 88 article 88 is inserted: ^ 1, which shall read as follows: ART. ^ 1-88 recording and tracking cash settlement revenues of local budgets is carried out by territorial tax bodies subordinated to the Ministry of finance or by the bodies of the local and county councils, according to the law. "
100. Article 90 paragraph 2 shall read as follows: "decisions of the councils concerning the contracting of long-term loans are subject to approval by the residents of the respective administrative-territorial units."
101. Article 91 shall read as follows: ART. 91-local and county budgets shall be recorded, in the chapter, and the amounts needed for the salaries of the President and the Vice Presidents of County Councils, mayors, deputy mayors, Secretaries, as well as for the granting of allowances for Councillors, meeting the conditions laid down by the regulations of these councils to pay the public servants of the City Council and the County, as well as for representation and protocol. "
102. Article 92 shall read as follows: ART. 92-each local County budget and will provide separate reserve fund from which they can approve additional appropriations, according to the law, which is where the credits opened by the current budget for necessities are not sufficient. "
103. Article 94 shall read as follows: ART. 94-Mayor and County Council President shall establish, through their own device and submit for approval by the end of the account councils budget year. "
104. Chapter 8 "Prefect" becomes Chapter 9.
105. Article 96 paragraphs 1 and 2 shall read as follows: "the Government appoints a prefect, as his representative in each county and in Bucharest."
"The prefect is assisted by a subprefect. In Bucharest, the prefect is assisted by two subprefecţi. "
106. Article 96 shall enter a final paragraph, which shall read as follows: "throughout the completion of the prefect and the subprefect, the contract of employment to public institutions or in businesses majority-owned State adjourn."
107. Article 98, paragraph 2 shall read as follows: among the prefects, on the one hand, and local councils and mayors, County, on the other hand, there are no subordination relationships. "
108. Article 99 shall read as follows: ART. 99-Prefect leads decentralised public services of ministries and other bodies of the territorial-administrative units. "
109. paragraph 1 of article 100 c) and f) shall read as follows: "(c)) appointment or give consent to dismissal of the heads of decentralised public services of ministries and other bodies of administrative-territorial units;"
' f) presents annually a report on the Government's General State of economic, social, cultural and administrative County, including the implementation of the programme of Government. "
110. Article 101 shall read as follows: ART. 101-to exercise control with respect to the legality of those acts of local public administration authorities and regions, the prefect may attack, in the Court of administrative acts, as well as those of the President of the County Council, with the exception of discharge current, if we consider them illegal. The Act challenged is suspended by operation of law.
10 days prior to the introduction of the action, the prefect will require local authorities and regions, with the motivation necessary to reconsider the Act counted illegal for the modification or, where appropriate, of its revocation.
The introduction of the action by the prefect shall be made within 30 days of the notification of the Act, under the provisions of art. 49 lit. g). the term of 30 days is a period of decay. The action is exempt from stamp duty. "
111. Article 102 shall read as follows: ART. 102-the prefect shall, on an annual basis, the County Council or General Council of Bucharest, information regarding work undertaken by decentralised public services of ministries and other central organs in the County and organized in Bucharest. "
112. Article 105 shall introduce two new paragraphs which would read as follows: "the prefect and Deputy Prefect, your device operates in the prefecture. Prefecture and, where appropriate, the County Council and its own apparatus are established in the administrative Palace, owned by the national interest, which is located in the municipality of the capital city of the County. "
"The People of the Prefecture and the County Council are subject to the rules contained in the Statute of public officials."
113. Article 106, paragraph 2 shall read as follows: "the Administrative Commission is composed of:-prefect as President, President of the County Council or, where appropriate, the general Bucharest City Mayor, Mayor of the capital city and county heads of decentralised public services of ministries and other central organs at county level and the municipality of Bucharest, as well as directors of branches of the national autonomous public corporations in the counties in question."
114. Article 107 shall read as follows: ART. 107-the Administrative Commission shall be convened by the prefect, on his own initiative or at the request of the President of the County Council, and the Mayor of the municipality of Bucharest, on a quarterly basis and whenever necessary. The work of the Commission will be invited mayors in the County, as well as any other person whose presence is necessary.
115. Article 108 shall read as follows:

"ART. 108-the Administrative Commission shall draw up annually, based on the programme of Government, its own program of the county or municipality of Bucharest, which he communicated to the decentralised public services of ministries and other bodies of administrative-territorial units, public corporations and autonomous national branches of the County and, for information purposes, of the local government and regions.
The Administrative Commission shall support decentralised public services of ministries and other central organs at county level and the municipality of Bucharest, the activity of the autonomous national companies or branches with their activities in the territory of the County, and the County Government. "
116. Article 109 paragraph 1 shall read as follows: "in its work, the Administrative Commission shall adopt by open vote, which shall be signed by the Chairman and shall be binding on the public services decentralized of ministries and other central organs organized into counties and in Bucharest."
117. Article 110 shall read as follows: ART. 110-Divergence between the decentralised public services of ministries and other central organs organized into counties or in Bucharest and County public administration authorities shall act by the Government. "
118. After article 110 shall be inserted in articles 110 and 110 ^ 1 ^ 2, which would read as follows: ART. 110 ^ 1-central ministries and other bodies are obliged to communicate to the prefects and the other orders and provisions and guidance that we transmitted to the decentralized public services. "
"ART. 110 ^ 2-ensure compliance with the duties incumbent on the Government with respect to public administration, including control of the exercise of the delegated powers of the Mayor, is carried out by the Department for local public administration, which is proposing the Government taking the appropriate action. "
119. Chapter 9 transitional provisions and final provisions ' shall become Chapter 10.
111. Article 120 shall read as follows: ART. 111-The exercise of local and district councilors, mayors and town councils and are serving the local community.
Local councillors and mayors, town councils and district shall enjoy the protection afforded by the law on the status of local elected officials. "
121. Article 112 shall read as follows: ART. 112-mayors, town councils and Mayor of the municipality of Bucharest, Presidents and Vice Presidents of the county councils, counselors, Secretaries and staff from your own local and county councils are responding, as appropriate, material, administrative, civil or criminal, for the acts committed in the exercise of powers which, in accordance with the law.
The provisions of paragraphs 1 and 2. 1 shall also apply to the school prefects, subprefecţilor and staff from your own prefectures. "
122. According to article 112 shall be inserted in article 112 ^ 1, which shall read as follows: ART. 112 ^ 1-Prefect, Deputy Prefect, the President and Vice-Presidents of County Council, Mayor of the municipality of Bucharest, town councils and mayors cannot be the State's representatives in the General meetings of shareholders of the companies majority-owned by the State and cannot be part of boards of public corporations. "
123. Article 113 paragraphs 1, 2 and 3 shall be repealed.
124. Article 113 in paragraphs 4 and 5 shall read as follows: "after the date of entry into force of this law until the new administrative-territorial organization of the country, the agricultural sector of Ilfov Ilfov County will be called."
"Decentralised public services of ministries and other central organs from Bucharest and Ilfov County for work."
125. Article 114 shall be repealed.
126. Article 115 shall read as follows: ART. 115-breakdown and passage in the communes, cities or, where appropriate, of County property and values of local interest from the public and private domain of the State shall be made by the Government, according to the law on public and private patrimony. "
127. After article 115 shall be inserted in articles 115 and 116 ^ 1 ^ 2, which would read as follows: ART. 115 ^ 1-until the entry into force of the Statute on civil servants, the Secretary of the administrative and territorial unit may challenge, the Administrative Court, the acts concerning the dismissal or disciplinary sanction to.
Local and county councils Secretaries, depending on the date this law to become Secretaries, city, administrative-territorial subdivision of the municipality of Bucharest, i.e. you have the County, without any other formality. "
"ART. 115 ^ 2-local and County Councils, and town councils elected in the legislature as a result of the dissolution of the councils or becoming vacant posts of mayors, elected predecessors concluded its mandate.
The provisions of paragraphs 1 and 2. 1 applies to elected councilors and mayors during the current legislatures. "
128. Articles 117 and 116 shall be repealed.
129. Article 118 shall read as follows: ART. -Act No. 118. 57/68 concerning the Organization and functioning of the popular councils, law No. 5/1990 concerning the administration of counties, municipalities, cities and municipalities up to local elections and Government decision No. 932/1990 on the Grandson to comply with the provisions of law No. 5/1990, and any other provisions to the contrary are hereby repealed. "
130. After article 118 shall be inserted in article 118 ^ 1, which shall read as follows: ART. 118 ^ 1-this law shall enter into force on the date of the establishment of local public administration authorities from the local elections since 1996, with the exception of art. 14 and 56 which shall apply once with the publication of the law in the Official Gazette of Romania. "


Article 2 the words the Secretary of the local Council or the County law shall be replaced, where appropriate, with the words of Secretary, city of Bucharest sector or of the County.


Article 3 the law on local public administration no. 69/1991, with amendments and additions made by this law, shall be in the Official Gazette of the Republic of Romania, Rosca articles and the corresponding numbering paragraphs.
This law was passed in the Chamber of Deputies sitting of the Senate and of 3 April 1996, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE SENATE PRESIDENT Prof. Dr. O'LEARY GHERMAN — — — — — — —