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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

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LEGE No. 24 of April 12, 1996 to amend and supplement Local public administration law no. 69/1991
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 76 of 13 April 1996



The Romanian Parliament adopts this law + Article 1 Local Public Administration Law no. 69/1991 , published in the Official Gazette of Romania, Part I, no. 238 of 28 November 1991, shall be amended and supplemented 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 consultation of citizens in local issues of particular interest. " 2. After paragraph 1 of Article 1, a new paragraph shall be inserted, which shall become paragraph 2, with the following contents: "Local autonomy is administrative and is exercised only within the law." 3. Paragraph 2 of Article 1, which becomes paragraph 3, shall be amended and shall read as follows: " Local autonomy concerns the organization and functioning of the local public administration and represents the right and effective capacity of local public administration authorities to resolve and manage, in their own name and under their responsibility, a important part of public affairs, in the interest of the local authorities they represent. Local collectivity means the totality of citizens of the administrative-territorial unit. " 4. Paragraph 3 of Article 1 shall become paragraph 4. 5. Article 3 shall read as follows: "" ART. 3-Delimitation of communes, cities and counties is established by law. Any modification of their territorial limits may be carried out only under the law and with the prior consultation of citizens of the respective administrative-territorial units, by referendum that is organized according to the law. " 6. Article 7 shall read as follows: "" ART. 7-In each county a county council is elected, as the authority of the public administration, which coordinates the activity of local councils in order to carry out public services of county interest. The county council chooses, among its members, the president, the vice presidents and the permanent delegation. " 7. Article 11 (2) shall read as follows: " The Prefect is the representative of the Government locally. He heads the decentralized public services of ministries and other central bodies of public administration, organized in administrative-territorial units. " 8. In Article 12, after paragraph 2, a new paragraph is inserted, which shall read as follows: The Prefect shall respond according to the law, at the request of the local and county public administration authorities, if the administrative court determines that their act has been improperly attacked or in bad faith. " 9. Article 14 shall read as follows: "" ART. 14-The number of members of each local council is established by order of the prefect, depending on the population of the commune or city reported by the National Commission for Statistics on January 1 of the current year or, as the case may be, on the 1st July of the year preceding the elections, as follows: Number of inhabitants of the commune or city Number of councillors-up to 3,00011-inter3,001 and 5,00013-intre5,001 and 7,00015-inter7,001 and 10,00017-inter10.001 and 20,00019-inter20.001 and 50,00021-between 50.001 and 100,00023-inter100.001 and 200.00025-intre200.001 and 400.00031-peste400.00035 The General Council of Bucharest is composed of 65 councillors. " 10. Article 15 shall read as follows: "" ART. 15-The quality of the counselor is incompatible with: a) the position of prefect and sub-prefect; b) the status of official in the own apparatus of the respective communal, city and county councils and prefectures, as well as the ruler of the autonomous direction of local and county interest and of the specialized public service of the council local and county; c) the function of mayor; d) as deputy, senator, adviser to the President of Romania or member of the Government. Other incompatibilities may be established by law. " 11. Article 16 (1) shall read as follows: " The constitution of local councils is made within 20 days from the date of elections. The convocation of the councillors at the establishment meeting is made by the prefect. The prefect or his representative shall attend the establishment meeting. The mayor will also be convened at the meeting, even if the procedure for his validation has not been completed. " 12. Article 16 (2) shall read as follows: " The sitting is legally constituted, if at least two thirds of the number of elected councillors participate. If this majority cannot be ensured, the meeting will be held, by right, in 3 days, under the same conditions. If even at the second convocation the meeting cannot be legally constituted, a new convocation will be carried out, in another 3 days. At the new convocation, the meeting will be legally constituted, if the presence of the majority of elected councillors is ensured. If the council cannot be constituted even at the last convocation, due to the absence, without thorough reasons, of the councillors, the prefect will declare vacant the seats of the elected councillors, who have been unmotivated since the 3 convocations previous, if they cannot be replaced by the alternates on the respective lists, and an additional election will be held, within 30 days, under the conditions of the Law on local elections. The prefect's order declaring holidays the places of councillors who have been unmotivated can be attacked by those concerned, at the administrative court, within 5 days of communication. The judgment of the first court is final and irrevocable. 13. In Article 16, after paragraph 2, a new paragraph is inserted, which shall read as follows: "The absence of councillors from the establishment meeting is motivated, if, because of the disease, they are untransportable or if they are abroad for work." 14. Article 17 (3) (b) shall read as follows: "b) the choice of counsel was made by electoral fraud, ascertained by the Central Electoral Bureau, or by any other violation of the Law on local elections." 15. Article 17 (4) shall read as follows: " Validation or invalidation of mandates is made with the vote of the majority of councillors present at the meeting. The person whose mandate is subject to validation or invalidation shall not participate in the vote. " 16. Article 17 (6) shall read as follows: " The decisions on validation or invalidation of councillor mandates can be appealed by those interested, at the administrative court, within 5 days of adoption or communication, in the case of those absent from the meeting. The court's ruling is final and irrevocable. " 17. Article 19 shall read as follows: "" ART. 19-The mandate of adviser ceases before the deadline, in case of death; resignation; incompatibility; change of domicile in another administrative-territorial unit; unmotivated lack from more than 3 consecutive ordinary meetings of the council; impossibility to be exercised for a period of more than 6 months; if it was found, by final court decision, after the validation of the mandates, that the election was made by electoral fraud or by any other violation of Law on local elections; in case of conviction by final court decision at a custodial sentence, prohibition for debility or mental alienation or loss of electoral rights. The termination of the term of office shall be determined by decision of the In case of resignation, the adviser may return to it, pending the adoption of the judgment. " 18. Article 20 shall be repealed. 19. Article 21 (2) a), c), d), h), i), j), k), l), m), n), s) and x) shall read as follows: "a) choose, among the councillors, the deputy mayor, or, as the case may be, the deputy mayors;" c) approve studies, indicative forecasts and programs of economic-social development, organization and spatial planning; " " d) approve, at the proposal of the mayor, the organizational chart, the number of personnel in the council's own apparatus, as well as the regulation of its organization and functioning. It also approves the organizational charts and the number of personnel at the autonomous regions and the specialized public services of the local council; " " h) establish institutions and economic agents of local interest; decide on the concession or rental of public goods or services of local interest, as well as on participation, with capital or with goods, in companies for carrying out works and services of local public interest, under the law; " "" i) appoint and issue from office, under the law, the heads of economic agents and public institutions of local interest, which are under his authority; " "j) pursues, controls and analyses the activity of economic agents and public institutions, which are under its authority;" "k) establish specific rules for public institutions and economic operators of local interest, which are under its authority, in compliance with the general criteria established by law;" "" l) organize public services of communal household, local transport, publishing networks and others, in conditions of efficiency and operativeness, and ensure their proper functioning; " " m) approves, under the law, the plans for the organization and urban development of localities in the composition of administrative-territorial units, as well as the arrangement of the territory and the measures necessary to achieve them; legal competences, technical-economic documentation for investment works of local interest and ensure the necessary conditions for their realization, at term and in quality conditions; " "n) ensure, within the framework of its competences, the conditions necessary for the proper functioning of educational, health, culture, youth and sports institutions, according to the law;" "s) contribute to the implementation of protection and social assistance measures;" " x) decides, under the law, to associate with other authorities of local or county public administration for the realization of works and services of public interest, as well as collaboration with economic agents from the country or abroad, in order to carrying out actions or works of common interest; " 20. Article 21 (2) (o) shall be repealed. 21. Article 21 (2) shall be supplemented by a new letter, which shall read as follows: "y) supports the activity of religious cults, under the law." 22. Article 22 shall read as follows: "" ART. 22-The local council shall be elected for a term of 4 years, which may be extended by organic law, in times of war or catastrophe. The Council shall exercise its mandate from the date of establishment until the date of declaration as legally constituted of the new elected council. The legal council shall be elected by open vote, by simple majority, for the duration of a meeting, a president. " 23. Article 23 shall read as follows: "" ART. 23-The mayor is obliged to make available to councillors, at their request, no later than 15 days, according to the regulation of operation of the local council, the information necessary to fulfill the mandate. " 24. In Article 24, after paragraph 3, a new paragraph is inserted, which shall read as follows: " In case of force majeure and maximum urgency to solve the interests of the inhabitants of the commune or the city, the convocation of the local council can be done immediately. 25. Article 24 (5) shall read as follows: " The agenda is brought to the attention of the inhabitants of the commune or the city through the local press or by another means of advertising. In administrative-territorial units where national minorities have significant weight, the agenda shall be brought to the attention of citizens and their language. " 26. Article 25 (1) shall read as follows: "Local council meetings are legally constituted, if most councillors are present in office." 27. Paragraph 3 of Article 25 shall read as follows: " If the council does not meet for 3 consecutive months or has not adopted in 3 consecutive meetings any decision, as well as in a situation where the number of councillors is reduced by half plus one and cannot be completed by alternates, it dissolves from the right. " 28. In Article 25, 3 new paragraphs are introduced, which will have the following contents: " The dissolution of the right of the council is communicated by the mayor to the prefect, who, by order, takes note of the dissolution of the council and proposes to the Government the organization of new elections. The prefect's order can be appealed by councillors to the administrative court, within 10 days of communication. The setting of the election date will be possible only after the expiry of the deadline provided in 5 or after the final stay of the court decision rejecting the action of the councillors, within 30 days. " 29. Article 27 shall read as follows: "" ART. 27-The debates in the meetings of the council shall be recorded in a minutes, signed by the sitting president, the secretary and at least 3 councillors. At the beginning of each meeting, the Secretary shall present the minutes of the previous meeting and submit it to the Board Councillors have the right to contest the content of the minutes and to ask for the exact mention of the opinions expressed and the previous meeting. The minutes and the documents that were debated at the meeting shall be submitted in a special file of the respective meeting, which will be numbered, signed and sealed by the sitting president, by the secretary and by the advisers provided in par. 1 1. " 30. Article 29, paragraphs 1 and 2 shall read as follows: " In the exercise of their duties, the local council adopts decisions, with the vote of the majority of the members present, apart from the cases in which the law or the regulation of operation of the council requires In the event of parity of votes, the judgment shall not be adopted and the proceedings shall be resumed at the following meeting Decisions regarding the administration of the public and private domain of the commune or the city, the organization and urban development of the localities and the arrangement of the territory and the association with other councils, public institutions or economic agents in the country and from abroad shall be adopted by the vote of at least two thirds of the number of councillors in office. " 31. In Article 29, after paragraph 2, a new paragraph is inserted, which shall read as follows: " The decisions on the local budget, as well as those through which local taxes and fees are established, are adopted with the vote of the majority of councillors in office. If the budget cannot be adopted after two consecutive readings, which will take place at an interval of no more than 5 days, the activity will take place on the basis of the budget of the previous year, until the adoption of the new budget. " 32. Article 29 (5) shall read as follows: " Draft decisions can be proposed by councillors or the mayor. The drafting of the projects is done by those who propose them. " 33. Article 30 (1) shall read as follows: " The decisions of the local council shall be signed by the sitting president, shall be countersigned by the secretary and shall be communicated to the mayor. If the sitting president is unable to sign or refuse to sign, the decision will be signed by one of the advisers present. " 34. In Article 30, after paragraph 2, a new paragraph is inserted, which shall read as follows: " Bringing to the public knowledge of the normative decisions is made only after the expiry of the term in which the prefect can exercise the remedy before the administrative court or after the final stay of the court decision by which the prefect's action was rejected. " 35. Article 31 (1) shall read as follows: "It may not take part in the deliberation and at the adoption of the decisions the adviser who, either personally or by husband, wife, afin or relatives up to the fourth degree inclusive, has a patrimonial interest in the matter subject to the debate of the council." 36. Article 32 shall read as follows: "" ART. 32-The problems listed on the agenda of the local council meeting cannot be debated, as a rule, if they are not accompanied by the specialized report of the relevant compartment in the council's own apparatus, which will be developed within 30 days after the originator's request, as well as the opinion of the Board's expert committee. " 37. Article 33 shall read as follows: "" ART. 33-The councillors are jointly responsible for the work of the local council to which they belong and for their decisions, which they voted for. Each adviser shall also be responsible for his/her own work in the exercise of his At the request of the councillors, their vote will be recorded in the minutes of the meeting. " 38. Article 34 shall read as follows: "" ART. 34-The local council can be dissolved, if it has adopted repeated rulings, which were irrevocably annulled by the court since they contravened the general interests of the state or violated the Constitution and the laws of the country. The dissolution of the council is made by Government decision, on the reasoned proposal of the prefect, based on the final decisions of the court. The decision and the reasons behind its issuance shall be brought to the attention of the members of the council by the prefect, within 5 days from its publication in the Official Gazette of Romania. The dissolution decision can be appealed by councillors to the administrative court, within 10 days from the date of bringing to the attention according to par. 2. In this case, the prior procedure provided by law shall no longer be carried out. The introduction of the action suspends the execution of the The date for the organization of the election of the new local council shall be established by the Government, at the proposal of the prefect, within 30 days from the expiry of the deadline provided in 3 or, as the case may be, from the final stay of the court decision rejecting the action of the councillors. Until the new council is established, the mayor will solve the current problems of his commune. " 39. Article 35 shall read as follows: "" ART. 35-In the exercise of office, the councillors are in the service of the local community, being protected by the law. Only upon the reasoned complaint of the court or the Prosecutor's Office, the prefect may order, by order, the suspension from office of the counsel, if he was sent to trial for the commission, with intent, of a criminal act, as well as in the situation in which the criminal action was set in motion, if it was taken against him to measure preventive arrest. The suspension lasts until the final settlement of the case, unless the Prosecutor's Office or the court has requested the lifting of this measure before. The suspension order shall be communicated immediately to the counsel. Against the order of suspension the adviser can apply to the court under the law of the administrative litigation, within 10 days of being informed. " 40. Article 36 shall read as follows: "" ART. 36-The prefect, the president of the county council, their representatives, the parliamentarians, as well as the persons invited by the local council, whose presence is considered useful, can participate in the works of the local council. Citizens of villages and hamlets who do not have councillors elected to local councils will be represented at meetings by a village delegate. It is elected during a mandate of the local council by a village assembly, made up of a representative from each family, held in the presence of the mayor or deputy mayor. When discussing the issues concerning the respective villages, the village delegates will be compulsorily invited. Their vote shall be advisory. ' 41. Article 36 shall be inserted after Article 36, which shall read as follows: "" ART. 36 ^ 1-After the establishment, the local council organizes its specialized commissions, in the main fields of activity. May be members of the specialist committees only counselors. The specialized committees elect a president and a secretary each. The specialized committees endorse the draft decisions in their field of activity. The specialist committees work in plenary and make decisions with the majority vote of their members. The organization, operation and duties of the specialized committees shall be established by the rules of operation of the local council. " 42. Article 37, paragraphs 1, 2 and 4 shall read as follows: " The communes, cities and municipalities have a mayor and a deputy mayor; the county seat municipalities and the sectors of Bucharest have one mayor and two deputy mayors, and the city of Bucharest has a general mayor and four deputy mayors, elected in the law. " "" The mayor shall attend the meetings of the local council. " "Throughout the term of office of mayor and deputy mayor, their employment contract at public institutions, autonomous regions or commercial companies with majority state capital shall be suspended." 43. Article 37 (3) shall be repealed. 44. Article 38 shall read as follows: "" ART. 38-The validation of the election of the mayor is made within 20 days from the election date, in the council chamber, by a judge appointed by the president of the court in whose territorial area is the commune, the city or the subdivision administrative-territorial. The validation of the election of the general mayor of Bucharest is made by a judge appointed by the president of the Bucharest Municipality The invalidation of the mayor's election can be pronounced in the cases provided 17 17 para. 3. The result of the validation shall be presented at the establishment meeting of the local council or, as the case may be, in an extraordinary meeting, by a judge or a delegate of the prefect. In case of invalidation of the mayor's mandate, elections shall be held no later than 45 days from the date of invalidation, under the conditions established by the Law on local elections. " 45. Article 39 (1) shall read as follows: " The mayor submits before the local council the oath provided in art. 18. In special situations, the oath may also be filed before the president of the court that validated the election of the mayor. " 46. Article 40 shall read as follows: "" ART. 40-The mayor's mandate is 4 years and is exercised until the swearing-in of the newly-elected mayor. The mayor's mandate can be extended, by organic law, in times of war or catastrophe. The mandate ceases before the deadline in case of death; resignation; incompatibility; change of domicile in another administrative-territorial unit; impossibility to be exercised for a period of more than 6 months; if found by ruling the resca, remaining final after the validation of the mandates, that the election was made by electoral fraud or by any other violation of the Law on local elections; in the case of final conviction to a custodial sentence, as well as in the case of being banned for debility or mental alienation or in loss of electoral rights. In the situations provided in par. 2, the local council adopts a decision taking note of the termination of the mayor's mandate and declares his office vacant. In case of resignation, until the adoption by the local council of the decision provided in par. 3, the mayor can return to resignation. " 47. Article 41 shall read as follows: "" ART. 41-The mayor may be dismissed from office for the reasons provided in art. 34 34 para. 1 1, which shall apply accordingly, if its acts have been issued in bad faith. The dismissal of the mayor, based on the final decisions of the court, is made by Government decision, on the reasoned proposal of the prefect. The decision and the reasons behind its issuance shall be brought to the attention of the mayor by the prefect, within 5 days from the publication of the decision in the Official Gazette of Romania. The dismissal decision can be appealed by the mayor to the administrative court, within 10 days from the date of bringing to the attention according to par. 2. In this case, the prior procedure provided by law shall no longer be carried out. The introduction of the action suspends the execution of the dismissal measure 48. Article 42 shall be inserted after Article 42, which shall read as follows: "" ART. 42 ^ 1-In the exercise of the duties of civil status officer and guardianship authority, as well as of the tasks incumbent on the normative acts regarding the census, the organization and conduct of elections, the bringing to the attention of the citizens of laws, as well as other such duties, established by laws, the mayor also acts as a representative of the state in the commune or in the city where he was elected. In exceptional cases, if the mayor refuses or is unable to exercise some of the duties provided in par. 1 or in other special laws, these duties shall be exercised by the Secretary. " 49. Article 43 (1) (i), j), k), n), s,), v) and x) shall read as follows: " i) take measures to prevent and limit the consequences of calamities, catastrophes, fires, epidemics or epizootic diseases, together with the specialized bodies of the state. To this end, it can also mobilize the population, economic agents and public institutions in the commune or in the city, which are obliged to execute the established measures; " "j) ensure the public order and peace of the inhabitants, through the public guards and with the help of the gendarmerie, police, firefighters and civil defence, who have the obligation to respond to his requests, under the law;" "k) directs and supervises the work of public guards, according to contractual commitments;" "n) control the hygiene and sanitation of public places and food products put into sale for the population, with the support of specialized bodies;" "s,) conduct local public services; ensure the functioning of civil status services and tutelary authority; supervise the implementation of assistance and social assistance measures;" " v) appoint and issue from office the staff of the local council's own apparatus, with the exception of the secretary; proposes to the local council the dismissal of the heads of economic agents and public institutions of local interest, which is under the authority of that local council; ' "" x) controls the work of staff in the local council's own apparatus; ' 50. Article 43 (1) (z) shall become the letter y). 51. Article 43 shall be inserted after Article 43, which shall read as follows: "" ART. 43 ^ 1-The mayor presents quarterly or at the request of the local council information on the execution of decisions adopted by the council. " 52. Article 44 shall read as follows: "" ART. 44-The mayor delegates to the deputy mayors, through the provision issued within 30 days of validation, the exercise of some of his duties according to art. 43, especially those provided in lett. k), n), r), s) and y), except as provided in lett. a)-g), i), j), l), m) and t,). The duties of civil status officer may be delegated to the Deputy Mayor, the Secretary or other officials with competence in this field. Duties on the mayor, according to art. 42 ^ 1 para. 1, with the exception of those of a civil status officer, cannot be delegated. " 53. Article 44 is inserted after Article 44, which shall read as follows: "" ART. 44 ^ 1-The deputy mayor is elected with the secret vote of most councillors in office. He retains his quality as an adviser. The term of office of the Deputy Mayor shall be equal to that of the Art. 40 40 para. 2 2 and 3 shall apply accordingly. The dismissal of the deputy mayor is made by the local council, at the proposal of one third of the number of councillors, by decision adopted with the vote of two thirds of the number of councillors in office. Art. 41 41 para. 3 3 shall apply accordingly. '; 54. Article 46 shall read as follows: "" ART. 46-In the exercise of office, the mayor is protected by law. The prefect can order, by order, the suspension from office of the mayor in cases where he was sent to trial for committing, with intent, a criminal act, as well as in the situation in which the criminal action was set in motion, if the taken against him the preventive arrest measure. The suspension may be ordered only at the reasoned request of the court or the Prosecutor's Office. The suspension lasts until the final settlement of the case, unless the Prosecutor's Office or the court has requested the lifting of this measure before. The suspension order is immediately communicated to the mayor. Against the suspension order, the mayor can address the court under the terms of the Administrative Litigation Law, within 10 days of being informed. If the mayor suspended from office was found not guilty, he is entitled to compensation, under the law. The provisions of this article shall also apply accordingly to the deputy mayors, their suspension being ordered by the local council by decision, adopted by most councillors in office. " 55. Article 46 shall be inserted after Article 46, which shall read as follows: "" ART. 46 ^ 1-In case of holiday of the office of mayor, as well as in case of suspension from office, his duties will be exercised, by right, by the deputy mayor, until the validation of the mandate of the new mayor or, as the case may be, until the end suspension. In the situation provided in par. 1, the local council delegates, by decision, among its members, an adviser, who will temporarily fulfill the duties of the deputy mayor. In the situation in which they are suspended from office, at the same time, both the mayor and the deputy mayor, the local council delegates an adviser who will carry out both the duties of the mayor and the deputy mayor until the end of the suspension. If they become vacant, at the same time, both the position of mayor and the deputy mayor, the local council chooses a new deputy mayor, the provisions of par. 1 and 2 applying until the election of a new mayor. The Government's establishment of the date of election of the new mayor will be made within 30 days from the date when the two positions became vacant. " 56. Article 47 shall read as follows: "" ART. 47-Each commune, city and administrative-territorial subdivision of the municipality has a salarized secretary from the local budget. The secretary is a civil servant, with higher legal or administrative studies. Exceptionally, in communes and cities with less than 30,000 inhabitants, as secretary they can also be appointed persons who have other higher education or only baccalaureate. The secretary may not be a member of a party or a political party, under penalty of release from office. " 57. Article 48 shall read as follows: "" ART. 48-The appointment of the secretary is made by the prefect based on the proposals of the local council, at the initiative of the mayor, on the basis of competition The contest or exam shall be organized by the mayor, according to the law, within 45 days from the date on which the post became vacant. A representative of the prefect, of the president of the county council and of the respective local council will be part of the competition or examination committee. The appointment order shall be issued no later than 10 days after the receipt of proposal The Secretary enjoys stability in office and obeys the rules contained in the status of the civil servant. The dismissal of the secretary is made by the prefect, only at the proposal of the local council, adopted with the vote of at least two thirds of the number of councillors in office, at the initiative of the mayor or a third of the number of councillors. The disciplinary sanction of the secretary is made by the prefect, at the proposal of the mayor or the local council, under the law. " 58. Article 49 (1), after letter a), insert letter a) ^ 1, which shall read as follows: " a) ^ 1 ensures the proper functioning of the compartments and legal activities within the own apparatus of the local council; 59. Article 49 (1) (b) and c) shall read as follows: "b) endorse the draft decisions of the local council, assuming responsibility for their legality;" " c) receives and distributes the correspondence; pursues the response within the legal period; 60. in Article 49 (1), after letter j) the letters k) and l) shall be inserted, which shall read as follows: "k) ensure the functioning of civil status compartments, guardianship and social protection;" "l) keep in touch with cult organizations in the administrative-territorial unit and make proposals to the mayor or local council for the resolution of problems related to their good functioning." 61. The title of Section 2 of Chapter 4 shall read as follows: " Public services of the commune, of the city and its own apparatus of the local council 62. Article 51 shall read as follows: "" ART. 51-The appointment and dismissal of the staff from the public services of the commune and the city shall be made by their leaders, under the law. The appointment and dismissal of the staff from the local council's own apparatus shall be made by the mayor, under the law. The local council can recommend, motivated, the mayor, the dismissal of the heads of the compartments in his own apparatus. 63. Article 52 shall read as follows: "" ART. 52-The local council approves regulations for the organization and functioning of its own apparatus, establishes the powers and duties of the staff, under the conditions provided by law 64. Article 53 shall read as follows: "" ART. 53-Conditions regarding the appointment, employment, promotion, sanctioning and dismissal from office, rights and obligations of the staff of the public services of the commune and of the city, as well as of the staff of the council's own local, are established by law and regulations. Officials of the local council shall enjoy stability in office and shall be subject to the provisions of the Staff Regulations. " 65 54 (2) and (3) shall read as follows: " Citizens belonging to national minorities, in their relations with local public authorities and their apparatus, may address orally or in writing and in their mother tongue. The applications submitted in writing will be accompanied by their translation into Romanian. " 66. Article 54 shall be inserted after Article 54, which shall read as follows: "" ART. 54 ^ 1-The mayor, deputy mayor, secretary of the commune, city or municipality, together with his own apparatus of the local council constitute the town hall of the commune, city or municipality, a public institution with permanent activity that brings effective the decisions of the local council and resolve the current problems of the local community in which it operates. " 67. Article 56 shall read as follows: "" ART. 56-The number of councillors of each county council is established by order of the prefect, depending on the population of the county, reported by the National Commission for Statistics on January 1 of the current year or, as the case may be, on the 1st July of the year preceding the elections, as follows: "Number of county residents Number of councillors-up to 350,00037-between 350.001 and 500.00039-between 500.001 and 650,41-over 650,45" 68. Article 57 shall be repealed. 69. Article 58 shall read as follows: "" ART. 58-At the choice and at the constitution of the county council, the provisions of art. 15 15-19 and 36 ^ 1. " 70. Article 59 (1) shall read as follows: " The county council is the authority of the county public administration for the coordination of the activity of the communal and city councils, in order to achieve public services of county interest, and exercises, in this regard, the principal: " 71. Article 59 (1), after point b), insert letter b) ^ 1, which shall read as follows: "b) ^ 1 grants to local councils and their own apparatus, as well as public services of the communes and cities, support and technical assistance, legal and any other nature, at their request;" 72. Article 59 (1) (e), i), j), k), m), n) and s) shall read as follows: "" e) adopt the county's own budget and the closing account of the budget year; " " i) elect from among the counsellors and shall issue, under the conditions of this law, the President, the Vice-Presidents and the Permanent "" j) adopt its own rules of operation; ' " k) approve, within the limits of the legal norms, the organizational chart and the number of personnel in its own apparatus; " m) decides, under the law, the establishment of institutions and economic agents of county interest, the acquisition, concession or rental of private and public services of county interest, as well as the participation with goods and capital at commercial companies, for the realization of works and services of county interest; " "n) appoint and issue from office the leaders of the economic agents under his authority and of the public institutions of county interest; follow and control their activity, analyzing their reports quarterly;" "s) assign, under the law, to the proposal of local councils, names of streets, markets and objectives of local interest;" 73. In Article 59 (1), the letter t) shall be inserted after the letter s), which shall read as follows: " t) decides, under the law, to associate with other authorities of local or county public administration for the realization of works and services of public interest, as well as collaboration with economic agents in the country or abroad, in the purpose of carrying out joint actions or works of interest. " 74. Article 60 shall read as follows: "" ART. 60-The county council shall be elected for a term of 4 years, which may be extended, by organic law, in case of war or catastrophe. The county council shall exercise its mandate from the date of establishment, until the declaration as legally constituted of the new elected council. " 75. Article 61, paragraphs 1, 2 and 4 shall read as follows: "The county council meets in ordinary meetings, every two months." "The county council may meet in extraordinary meetings whenever necessary, at the request of its president, at least one third of the number of its members or of the permanent delegation." "" Provisions art. 24 24 para. 5 5, art. 25 25, art. 26 26 and art. 28 28 shall apply accordingly. '; 76. Article 62 shall read as follows: "" ART. 62-The county council, in the exercise of its duties, adopts decisions. The decisions shall be signed by the chairman of the county council or the vice-president who led the meeting and shall be countersigned by the secretary. " 77. Article 63 shall read as follows: "" ART. 63-The county council chooses among its members, during the term of office, the president and 2 vice presidents of the council, 4 or 6 councillors, respecting, as far as possible, its political configuration, which, together, constitutes the delegation Permanent. The president and vice-presidents of the county council are also president and vice presidents of the permanent delegation The president and vice-presidents of the county council are elected with the vote of the majority of councillors The release from office of the president and vice presidents can be made by the county council, on the proposal of at least one third of the number of councillors, if the requirements of the law for the dismissal of the mayor are met and only with vote of two thirds of the number of councillors in office. During the exercise of the mandate, the employment contract of the president and vice-presidents of the county council at public institutions, autonomous regions and commercial companies with majority state capital shall be suspended. " 78. Article 64 shall read as follows: "" ART. 64-Permanent delegation of the county council, constituted according to art. 63, performs the following main tasks: a) draw up the draft agenda of the council meeting; b) analyze the draft decisions that will be submitted to the council for debate and adoption and ensure their foundation; c) prepares the smooth conduct of the works of the council meetings, ensuring the proper preparation of all the documents submitted to the debate; d) proposes to the president to convene extraordinary meetings; e) subject to the approval of the Board the Regulation f) establishes the necessary measures to comply with the decisions of the county council and shall periodically analyze the stage of their fulfilment. The permanent delegation meets any other duties established by law or by the regulation of operation of the county council, developed and approved in compliance with the legal norms. The organization and functioning of the permanent delegation shall be determined by the rules of operation of the council. The county secretary is also the secretary of the permanent delegation 79. Article 66 shall read as follows: "" ART. 66-The president of the county council is the head of the county public administration and responds to the proper functioning of the specialized departments in the own apparatus of the county council, as well as of the economic agents Council. The president of the county council represents the county in relations with other public authorities, with individuals and legal entities in the country and abroad, as well as in justice. The own apparatus of the county council is subordinated to its president. " 80. Article 67 (1) (b), f) and g) shall read as follows: "b) ensure the execution of the county council decisions;" "f) prepare the draft own budget of the county and the account for the end of the budget year and submit them for approval to the council;" "g) appoints, sanctions and releases from office the staff of the county council's own apparatus, under the law." 81. Article 69 shall read as follows: "" ART. 69-Each county and the city of Bucharest have a secretary, salarized from the budget of the county, respectively of Bucharest. The secretary is a civil servant and has higher legal or administrative studies. The secretary may not be a member of any party or political party, under penalty of release from office. The appointment of the secretary is made by the Department for Local Public Administration, at the proposal of the county council, on the initiative of its president, namely the general mayor of Bucharest. The appointment is made on the basis of exam or competition organized, according to the law, by the president of the county council, respectively by the general mayor, within 45 days from the date on which the post became vacant. A representative of the Department for Local Public Administration will necessarily be part of the examination or competition committee. The issuance of the appointment provision will be made no later than 10 days after receipt of the proposal. The release from office, as well as the disciplinary sanction of the county secretary are made by the Department for Local Public Administration, only on the proposal of the county council, adopted with the vote of at least two thirds of the advisers in office, at the initiative of its chairman or a third of the number of councillors. The Secretary of the County is properly applicable the provisions of this law regarding the secretary of the commune and the city. The secretary of the county and that of the city of Bucharest exercises his duties, according to the law, the county and the city of Bucharest in the fields of civil status, the guardianship and the protection of minors, coordinating the specialized from the own apparatus of the county council or, as the case may be, of the city of Bucharest, in whose object of activity 82. Article 70 shall read as follows: "" ART. 70-The provisions of this law regarding the organization and functioning of local councils, as well as those regarding the mayor, with the exception of those related to attributions, shall apply accordingly to the county council and its president. The dissolution of the right of the county council, if it does not meet for 6 consecutive months, as well as in the situation where the number of councillors has reduced under half plus one and cannot be completed by alternates, shall be communicated to the prefect and the Government by the county secretary. After carrying out the necessary checks, the Government issues a decision taking note of the dissolution of the county council. Art. 25 25 para. 5 5 and 6 shall apply accordingly. During the period when the county council is dissolved or could not be constituted according to the law, the current problems, under the competence of its president, shall be solved by a power of attorney appointed by the Government, having the status of civil servant. " 83. After Article 70, chapter 6 "Public Administration of the Municipality of Bucharest" is introduced, including articles 70 ^ 1-70 ^ 4. 84. Article 70 ^ 1 shall read as follows: "" ART. 70 ^ 1-The sectors of Bucharest are organized as administrative-territorial subdivisions of the city. " 85. Article 70 ^ 2 shall read as follows: "" ART. 70 ^ 2-The public administration of Bucharest is carried out by the local councils of the sectors of Bucharest and the General Council of Bucharest, as deliberative authorities, as well as by the mayors of the sectors the city of Bucharest and the general mayor of Bucharest, as executive authorities, elected under the Law on local elections. " 86. Article 70 ^ 3 shall read as follows: "" ART. 70 ^ 3-The local councils of the sectors of Bucharest municipality operate under the conditions provided in this law for the local councils of communes and cities and exercise the powers provided for them, except for those of art. 21 21 para. 2 lit. b), c), f), m), v), x) and z). The budgets of the administrative-territorial subdivisions of Bucharest are approved by their local councils, with the agreement of the General Council of Bucharest. The tasks provided in art. 21 21 para. 2 lit. g), h), i), j), k) and t) will be able to be exercised by the local councils of the sectors only on the basis of the decision of the General Council of Bucharest Municipality. The General Council of the Municipality of Bucharest shall be elected, constituted and operated, under the conditions provided by the provisions of this Law and those of the Law on Local Elections for Local Councils, which shall apply accordingly. The mayors and deputy mayors of the sectors of Bucharest municipality operate under the conditions provided by this law for mayors and deputy mayors of communes and cities and exercise the powers established by this law for mayors and deputy mayors communes and cities, except those provided for in art. 43 43 para. 1 lit c), l) and m), which is exercised only by the general mayor of Bucharest. The decisions of the General Council of Bucharest and the provisions of the general mayor of Bucharest are also mandatory for the public administration authorities organized in the sectors of Bucharest. The general mayor of Bucharest together with the mayors of the sectors of Bucharest municipality meet at least once a month, at the convocation of the general mayor, to analyze the way in which the decisions of the Council General of Bucharest Municipality and the provisions of the general mayor of Bucharest, establishing the appropriate measures. The prefect of Bucharest also participates in the meeting. The General Council of Bucharest, the general mayor and deputy mayors of Bucharest, exercise the powers provided by law for local councils, for mayors and deputy mayors of communes and cities, which apply in a manner Appropriate. The authorities provided in par. 1 and 2 are also applicable to them accordingly and the provisions of art. 71-95 71-95, 111 and 112 of this law. " 87. Article 70 ^ 4 shall read as follows: "" ART. 70 ^ 4-Provisions art. 96-110 on the prefect of the county and the Administrative Commission shall also apply accordingly to the prefect of Bucharest and the Administrative Commission organized in addition to the prefecture. " 88. Chapter 6 "Goods and Works" becomes Chapter 7. 89. Article 72 shall read as follows: "" ART. 72-Apartin the public domain of local or county interest all goods that, according to the law or by their nature, are affected by a public utility, are for use or of public interest and have not been declared of national interest. The goods of the public domain of local or county interest include the land on which constructions of local or county interest are located, the markets, street networks, public parks, buildings, monuments of local or county public interest, forests and lakes which, according to the law, do not belong to the public domain of national interest May belong to the public domain of local or county interest and other goods endowed by the commune, city or county, under the law. " 90. Article 76 (1) shall read as follows: " Local and county councils decide that goods belonging to the public or private domain, of local or county interest, as the case may be, should be given in the administration of autonomous regions and public institutions, to be leased or to be rented. They also decide on the purchase and sale of goods belonging to the private domain, of local or county interest, under the law. " 91. Article 77 shall read as follows: "" ART. 77-Local and county councils may contract, under the law, works and services of public utility, within the limits of the amounts approved by the local and county budget, as the case may be, or of the public list made. " 92. Article 78 shall read as follows: "" ART. 78-Local and county councils can give free, limited-term, immovable property to their patrimony to public or charitable companies and institutions, recognized as legal entities, in order to fulfill certain activities that meet the requirements of citizens of the commune, city or county. " 93. Article 79 shall read as follows: "" ART. 79-Construction and repair works of public interest are carried out on the territory of communes, cities, municipalities and counties only on the basis of technical-economic documentation approved or approved, as the case may be, by the local or county council, according to the law 94. Article 80 shall read as follows: "" ART. 80-The documentation of urbanism and spatial planning on the commune, the city and the county shall be elaborated, analyzed and approved in accordance with the provisions of the law. " 95 95. Chapter 7 "Public Finance Administration" becomes Chapter 8. 96. In Article 83, a new paragraph is inserted, which shall read as follows: "Local public administration authorities have the right to own resources, sufficient, in proportion to their competences according to the law, which they can freely dispose of." 97. Article 84 shall be inserted after Article 84, which shall read as follows: "" ART. 84 ^ 1-The distribution on administrative-territorial units of the amounts broken down from taxes and transfers from the state budget, established annually by the state budget law, shall be carried out by the county council together with the general direction county of public finances and state financial control, after consulting mayors and representatives of local councils. Amounts allocated to administrative-territorial units according to par. 1 shall be used according to the destination and staggered established by the budget approved by the local or county council. " 98. Article 87 shall read as follows: "" ART. 87-For the functioning of local or county public services, created in the interest of residents, local and county councils establish special taxes, according to the law. The amount of the special charges shall be determined to cover at least the amounts invested and the current maintenance costs of these services. " 99. Article 88 shall be inserted after Article 88, which shall read as follows: "" ART. 88 ^ 1-The finding, settlement and pursuit of the collection of incomes of local budgets shall be carried out through the territorial fiscal bodies subordinated to the Ministry of Finance or through the own bodies of the local and county councils, under the law. " 100. Article 90 (2) will read as follows: " The decisions of the councils on contracting long-term loans shall be subject to the approval of the inhabitants of the respective administrative-territorial units. 101. Article 91 will read as follows: "" ART. 91-In the local and county budgets, the amounts necessary for the salary of the president and the vice-presidents of the county councils, mayors, deputy mayors, secretaries, as well as for the granting of allowances meeting for councillors, under the conditions established by the regulations of these councils for the payment of officials from the local and county council's own apparatus, as well as for representation and protocol. " 102. Article 92 will read as follows: "" ART. 92-In each local and county budget, the reserve fund from which additional credits can be approved, according to the law, which is used if the loans opened by budget for current needs are not sufficient. " 103. Article 94 will read as follows: "" ART. 94-The mayor and the president of the county council shall draw up, by their own apparatus, and submit for approval to the councils the closing account of the budget 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 helped by a sub-prefect. At Bucharest, the prefect is helped by two sub-prefects. " 106. In Article 96, a final paragraph is inserted, which shall read as follows: "For the duration of the position of prefect and sub-prefect, their employment contract at public institutions or economic agents with majority state capital shall be suspended." 107. Article 98 (2) will read as follows: Between prefects, on the one hand, and local, county and primary councils, on the other hand, there are no reports of subordination. " 108. Article 99 will read as follows: "" ART. 99-The Prefect leads the decentralized public services of ministries and other central bodies from administrative-territorial units. " 109. Article 100 (1) (c) and (f) shall read as follows: "c) endorses the appointment or dismissal of the heads of the decentralized public services of the ministries and other central bodies of the administrative-territorial units;" "f) presents, annually, to the Government, a report on the general economic, social, cultural and administrative state of the county, including the implementation of the governing program." 110. Article 101 will read as follows: "" ART. 101-In the exercise of control over the legality of acts of local and county public administration authorities, the prefect may appeal, before the administrative court, their acts, as well as those of the president county council, except for current management, if they consider them illegal. The attacked act is suspended by law. days before the introduction of the action, the prefect will ask the local and county public administration authorities, with the necessary motivation, to reconsider the illegal act, in order to amend or, as the case may be, to revoke it. The introduction of the action by the prefect is made within 30 days of communication of the act, according to the provisions of art. 49 lit. g). The 30-day deadline is the deadline for revocation. The action is exempt from stamp duty. " 111. Article 102 will read as follows: "" ART. 102-The Prefect presents, annually, to the county council or the General Council of Bucharest, an information on the activity carried out by the decentralized public services of ministries and other central bodies organized in the county and in Bucharest. " 112. In Article 105, two new paragraphs are inserted, which shall read as follows: " The Prefect, the sub-prefect and his own apparatus operate in the prefecture. The prefecture and, as the case may be, the county council and its own apparatus are based in the Administrative Palace, public property of national interest, which is located in the county seat municipality. " "Persons from the prefecture's own apparatus and the county council respectively shall be subject to the regulations contained in the statute of civil servants." 113. Article 106 (2) will read as follows: " The administrative commission is composed of: prefect-as president-, president of the county council or, as the case may be, the general mayor of Bucharest, mayor of the county seat and heads of decentralized public services of ministries and other central bodies at the level of the county and of the city of Bucharest, as well as the directors of the branches of autonomous regions of national interest in the respective counties. " 114. Article 107 will read as follows: "" ART. 107-The administrative commission shall convene by the prefect, on its own initiative, or at the request of the president of the county council, respectively of the general mayor of Bucharest, quarterly and whenever necessary. Mayors of localities in the county will be invited to the commission's works, as well as any other people whose presence is appreciated as necessary. 115. Article 108 will read as follows: "" ART. 108-The administrative commission elaborates, annually, on the basis of the governing program, its own program of the county or of the city of Bucharest, which it communicates to the decentralized public services of ministries and other central bodies in administrative-territorial units, autonomous regions of national interest and their branches in the respective county, as well as, for information, to the local and county public administration authorities. The administrative commission supports the decentralized public services of ministries and other central bodies organized at the level of the county and the city of Bucharest, the activity of autonomous regions of national interest or branches to them with activities in the county, as well as those of the county public administration. " 116. Article 109 (1) will read as follows: " In its work, the Administrative Commission adopts, by open vote, decisions signed by the President and are binding on the decentralized public services of ministries and other central bodies organized in the counties and in Bucharest Municipality " 117. Article 110 will read as follows: "" ART. 110-Divergences between decentralized public services of ministries and other central bodies organized in counties or in Bucharest municipality and county public administration authorities are mediated by the Government. " 118. After Article 110, Articles 110 ^ 1 and 110 ^ 2 are inserted, which will read as follows: "" ART. 110 ^ 1-Ministries and other central bodies have the obligation to communicate to the prefects the orders and other provisions and guidance that they transmit to decentralized public services. " "" ART. 110 ^ 2-Ensuring the performance of the duties incumbent on the Government regarding the local public administration, including the control of the primary exercise of delegated powers, shall be carried out by the Department for Administration Local Public, which proposes to the Government to take appropriate measures. " 119. Chapter 9 "Transitional and final provisions" becomes Chapter 10. 120. Article 111 will read as follows: "" ART. 111-In the exercise of the mandate, local and county councillors, as well as mayors and deputy mayors are in the service of local collectivity. Local and county councillors, mayors and deputy mayors enjoy the protection granted by the law on the status of local elected officials. " 121. Article 112 will read as follows: "" ART. 112-Mayors and deputy mayors, the general mayor of Bucharest, the presidents and vice-presidents of the county councils, councillors, secretaries and staff from the own apparatus of local and county councils respond, as the case may be, material, civil, administrative or criminal, for the acts committed in the exercise of their duties, under the law. Provisions of para. 1 shall also apply to prefects, sub-prefects and staff in the prefectures ' own apparatus. " 122. After Article 112, the article 112 ^ 1 is inserted, which will read as follows: "" ART. 112 ^ 1-The Prefect, the sub-prefect, the president and vice-presidents of the county council, the general mayor of Bucharest, the mayors and the deputy mayors cannot be representatives of the state in the general meetings of the shareholders commercial with majority state capital and cannot be part of the boards of autonomous regions. " 123. Article 113, paragraphs 1, 2 and 3 shall be repealed. 124. Article 113 (4) and (5) will read: "From the date of entry into force of this law until the new administrative-territorial organization of the country, the agricultural sector Ilfov will be called Ilfov County." "The decentralized public services of ministries and other central bodies in Bucharest also work for Ilfov County." 125. Article 114 is repealed. 126. Article 115 will read as follows: "" ART. 115-Defalting and passing into the property of communes, cities or, as the case may be, counties, goods and values of local interest in the public and private domain of the state are made by Government decision, under the law of the public patrimony and private. " 127. After Article 115, Articles 115 ^ 1 and 115 ^ 2 are inserted, which will read as follows: "" ART. 115 ^ 1-Until the entry into force of the status of civil servants, the secretary of the administrative-territorial unit may contest, at the administrative court, the documents on the dismissal or the disciplinary sanction. The secretaries of the local and county councils, depending on the date of this law, become secretaries of the commune, the city, the administrative-territorial subdivision of Bucharest, respectively of the county in which they operate, without any other formality. " "" ART. 115 ^ 2-The local and county councils, as well as the mayors elected during a parliamentary term, following the dissolution of some councils or the vacations of some mayoral posts, the new elected officials conclude the mandate of the predecessors. Provisions of para. 1 shall apply to councillors and mayors elected during the current term of office. " 128. Articles 116 and 117 shall be repealed. 129. Article 118 will read as follows: "" ART. 118 118-Law no. 57/1968 on the organization and functioning of folk councils, Law no. 5/1990 on the administration of counties, municipalities, cities and communes to the organization of local elections and Government Decision no. 932/1990 on the Guide for bringing to fruition the provisions of Law no. 5/1990 5/1990, and any other provisions to the contrary shall be repealed. '; 130. Article 118 is inserted after Article 118, which shall read as follows: "" ART. 118 ^ 1-This law shall enter into force on the date of establishment of the local public administration authorities resulting from the local elections of 1996, except art. 14 and 56 that apply with the publication of the law in the Official Gazette of Romania. " + Article 2 The term secretary of the local or county council of the law is replaced, as the case may be, with the phrase secretary of the commune, the city, the sector of Bucharest or the county. + Article 3 Local public administration law no. 69/1991 , with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, giving the articles and paragraphs an appropriate numbering. This law was adopted at the joint meeting of the Chamber of Deputies and the Senate of April 3, 1996, in compliance with the provisions of 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN -------