Law No. 69 Of 26 November 1991 * Republished Law On Local Public Administration

Original Language Title:  LEGE nr. 69 din 26 noiembrie 1991 *** Republicată Legea administraţiei publice locale

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LAW No. 69 of 26 November 1991 * Republished Law of local Government published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 79 of 18 April 1996 Note *) Republished pursuant to art. III of law No. 24 of April 12, 1996, published in the Official Gazette of Romania, part I, no. 76 of 13 April 1996, posing corresponding numbering of paragraphs and articles.

Law No. 69 of 26 November 1991 was published in the Official Gazette of Romania, part I, no. 238 of 28 November 1991.


Chapter 1 General provisions Article 1 (1) 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) local autonomy is the only administrative and within the law.
  

(3) organizing local Autonomy 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) application of principles enunciated cannot affect the unitary character of the Romanian national State.
  


Article 2 (1) territorial-administrative units are municipalities and cities: counties.
  

(2) the communes may be formed by one or several villages and hamlets.
  

(3) some cities may be declared municipalities, in accordance with the law. Municipalities may have subdivisions, administrative-territorial delimitation and organization of which shall be determined by law.
  


Article 3 communes, towns and Delineation of the 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, the referendum law.


Article 4 (1) municipalities, cities and counties are legal persons. They have full capacity, possessing a heritage and have the initiative in everything that concerns the interests of local public administration, exercising, according to the law, within the limits of the administrative territorial unit.
  

(2) a legal person under civil ownership goods from the private sector, and as a legal person governed by public law are the proprietary property of the public domain of local interest, according to the law.
  


Article 5 (1) of the public administration Authorities through which local autonomy in municipalities and cities are local councils, deliberative, and authorities like town halls, as the executive authorities. Local councils and mayors shall be elected as provided by law.
  

(2) local public administration bodies may be set up and in the territorial-administrative subdivisions of municipalities. These are subordinate administrative authorities of municipalities.
  


Article 6 local councils and town councils function as autonomous administrative authorities and solving public affairs in municipalities and cities, under the conditions provided by law.


Article 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 among its members, the Chairperson, Vice-Chairpersons and permanent delegation's.


Article 8 relations between the public administration and the local county are based on the principles of autonomy, legality and cooperation in solving common problems. The relationships between the local public administration and the County there are no subordination relationships.


Article 9 in order to ensure the autonomy of local public administration authorities from municipalities, towns and counties shall draw up and approve the budgets of income and expenditure and shall have the right to establish and to levy local taxes and duties according to the law.


Article 10 special interest issues from the territorial administrative units may be subject to the law, approval of local residents through a referendum.


Article 11 (1) the Government shall appoint a prefect in every county and in Bucharest.
  

(2) 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 into administrative-territorial units.
  


Article 12 (1) the prefect may attack, in the Court of the administrative acts of local public administration authorities, where these are considered illegal.
  

(2) the Act is suspended by operation of law under attack.
  

(3) 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.
  


Chapter 1 Section 2 local Councils and local councils Component Article 13 communes and towns Councils are composed of elected councillors by universal, equal, direct, secret and free suffrage, under the conditions laid down by the law on local elections.


Article 14 (1) the number of members of each local Council shall be determined by order of the prefect, depending on the population of the commune or town, reported by National Commission for Statistics as at 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-between 7,001 and 10,000 17- 10,001-20,000 19 among and between 20,001 and 50,000 21-50,001-100,000 23 between and between 100,001 and 200,000 25-between 200,001 and 400,000 31-over 400,000 35 (2) the General Bucharest City Council is composed of a number of 65 counselors.
  


Article 15 (1) the Office of Councillor shall be incompatible with: a) the Office of 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 or County and the specialized public service of City Council or County;
  

c) primary function;
  

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

(2) other incompatibilities may be established by law.
  


Article 16 (1) the creation 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.
  

(2) 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.
  

(3) 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.
  

(4) the work of formation are led by the oldest age Adviser, assisted by 2 councilors of the youngest.
  


Article 17 (1) local councils choose, from among the members throughout their term of Office, a Committee of validation consists of 3-7 Councillors.
  

(2) the Commission shall examine the legality of the election of each counselor and propose to the Council the validation or invalidation of mandates.
  

(3) the Commission may propose to the invalidation of the validation of the choice of a counsel only where: a) ascertain the existence of incompatibilities or breaching conditions of eligibility;
  

b) choice of Adviser was done through electoral fraud, as established by the Central Electoral Bureau, or any other violation of the law on local elections.
  

(4) the invalidation or Validation 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.
  

(5) the Council is constituted after the validation of mandates of at least two-thirds of its members.
  


(6) Decisions regarding the validation or invalidation of 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.
  


Article 18 (1) the Councillors whose mandates have been validated shall take an oath in front of the Council the following oath: "I swear to respect the Constitution and laws of the country and to do it with good-faith, everything that stands in my power and skills for the benefit of the inhabitants of the commune (city, County)".

(2) the Councillors who refuse to give their oaths are considered demisionaţi.
  

(3) After taking the oath, the adviser who led the founding meeting declared the Council constituted in accordance with.
  


Article 19 the mandate of Councillor shall cease, in the event 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; where under the ban for mental retardation or alienation or if 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.


Section 2 of the local councils ' powers in article 20 (1) the City Council has initiative and act with respect for the law, in matters of local interest, except those that are given by law in the jurisdiction of other public authorities.
  

(2) the City Council shall have the following main tasks: (a) elect from among) Councillors, on the Deputy Mayor or, where appropriate, vice-mayors;
  

b approve the statutes of the commune) or the rules of procedure of the Council, on the basis of statute and regulation the indicative framework, drawn up by the Government;
  

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;
  

e approve the local budget), formation, administration, and enforcement thereof; virările approve credit and how to use the budgetary reserve; Sub-loans and approve the account of the end of the budget year;
  

f) establishes the local taxes and fees, as well as special taxes, limited time, in accordance with the law;
  

g) administers public and private of times of the city and shall exercise the rights provided for by the law on the autonomous administrations that he founded;
  

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 units 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;
  

It organises public services) communal, urban, local transport networks and others, in terms of effectiveness and efficiency, and ensure the proper functioning thereof;
  

m), according to the law, the organization 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) ensure, 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;
  

a) take measures to create the conditions necessary for leisure of citizens and ensure the scientific activities, cultural, artistic, sports and leisure;
  

p) acts for the restoration and protection of the environment in order to increase the quality of life; contribute to the protection and conservation of historical monuments and architecture, parks and natural resources;
  

r) contributes to the protection measures and social assistance;
  

s) ensure freedom of fair trade and competition and encourages free enterprise, in accordance with the law;
  

It was set up and operate) some charity institutions of local interest;
  

t) defence of public order, respect for human rights and fundamental freedoms of citizens;
  

t) arranges fairs, markets, oboare, places and amusement parks, and ensure the proper functioning thereof;
  

u) confers the Romanian or foreign natural persons, with honours, the title of honorary citizen of the village or town;
  

v) 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;
  

x) Decides to establish ties of cooperation, cooperation and twinning with foreign settlements;
  

y) supports the work of religious worship, in accordance with the law.
  

(3) the City Council exercised and other tasks determined by law or by the statutes of the commune or town centre.
  


Section 3 of the local councils Functioning Article 21 (1) City Council is elected for a four year term, which may be extended by organic law, in time of war or catastrophe.
  

(2) the Council shall exercise their mandate at the time of lodging the Declaration until such time as a new Board constituted in accordance with the chosen.
  

(3) the Council constituted by open vote with simple majority, for the duration of a session, a Chairperson.
  


Article 22 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.


Article 23 (1) the City Council shall meet in regular, monthly meeting, at the request of the Mayor.
  

(2) It may meet in extraordinary meeting whenever necessary, at the request of the mayor or at least one third of the members of the Council.
  

(3) the convening of local Council is made with at least 5 days before the ordinary sessions or at least 3 days in advance of the meetings.
  

(4) 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.
  

(5) a Summons shall be in writing and shall be recorded in the minutes of the meeting. The invitation to the meeting shall state the agenda, date, time and place thereof.
  

6. 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.
  


Article 24 (1) meetings of the City Council are legally constituted if the majority of Councillors in Office.
  

(2) this is a mandatory meeting to Councillors. Where an adviser is absent for two consecutive times without serious reasons, it may be sanctioned under the conditions of the regulation for the operation of the Council.
  

(3) 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.
  

(4) 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.
  

(5) the order of the prefect may be attacked by counselors at the Administrative Court, within ten days after the communication.
  

(6) fix the date of the election will be made only after expiry of the period referred to in paragraph 1. (5) any permanent or after judgment which dismissed the action of Councillors within 30 days.
  


Article 25 (1) meetings of the Municipal Council are public, except in cases in which counselors decide, by majority vote, that they be conducted behind closed doors.
  

(2) the work sessions are conducted in the official language of the State.
  

(3) budget issues will be discussed, always sitting in public.
  


Article 26


(1) the debate in the Council meetings shall be recorded in minutes signed by the Chairman of the meeting, Secretary and at least 3 advisers.
  

(2) 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 in the previous meeting.
  

(3) the minutes and documents that 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. Article 27 of the agenda for meetings shall be approved by the Council, on a proposal from the article. 23, called Council meeting. Change the order of the day can be done only for urgent problems.


Article 28 (1) in exercising the powers of the incumbent, 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.
  

(2) 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.
  

(3) Decisions concerning 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.
  

(4) the Council may determine that some decisions to be taken by secret ballot. Decisions concerning individuals will always be taken by secret ballot.
  

(5) draft decisions may be proposed by the advisers or the Mayor. Drafting is done by those who propose them.
  


Article 29 (1) 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.
  

(2) the decisions become binding normative at the date of bringing them to the attention of the public and the individual, the date of the communication.
  

(3) the notice of the public with normative decisions 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 judgement continued through the action of the Commissioner was rejected.
  

(4) in the administrative-territorial units where national minorities have a significant decisions are brought to the knowledge of the citizens and their language.
  


Article 30 (1) cannot take part in the deliberation and the adoption of decisions of the hearing which, either personally or by a husband, wife, bilberry or relatives up to the fourth degree inclusive, has a proprietary interest in the subject of the debate.
  

(2) the decisions taken by the local Council in breach of the provisions of paragraph 1. (1) may be cancelled, in accordance with the law.
  


Article 31 Matters 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.


Article 32 (1) responsible for the activity Counseling solidarity local Council of and for its decisions, that they have voted. In addition, each counselor is responsible for its own activity in the exercise of their mandate.
  

(2) at the request of advisers, their vote will be recorded in the minutes of the meeting.
  


Article 33 (1) the City Council may dissolve the Parliament if it passed judgment, which were cancelled by the irrevocable court judgment, whereas contravenit have interests of the State or violated the Constitution and the laws of the country.
  

(2) 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.
  

(3) a judgment of dissolution 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.
  

(4) the date for the election of a new local Council organization is established by the 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, from any final judgment by which it was rejected action advisers.
  

(5) until the establishment of the new Council, the Mayor will solve the current issues of the commune or city views.
  


Article 34 (1) in the exercise of the function, counselors are at the service of the local community, being protected by law.
  

(2) the Only grounds on which the 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.
  

(3) 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.
  

(4) suspension order against the Councilor may apply to the Court in accordance with the law on administrative courts within 10 days of taking the knowledge.
  


Article 35 (1) 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.
  

(2) all 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.
  


Article 36 (1) After incorporation, the City Council organises its specialized committees, in the main areas of activity.
  

(2) may be members of the boards of specialized advisors only.
  

(3) specialized commissions they choose a President and a Secretary.
  

(4) specialized commissions advises draft decisions from their field of activity.
  

(5) the specialized commissions work in plenary sessions and take decisions by a majority vote of their members.
  

(6) the Organization, functioning and tasks of the specialized committees shall be determined by the rules of procedure of the Council.
  


Chapter 3 the Mayor Article 37 (1) municipalities, cities and municipalities have a mayor and a Deputy Mayor; the municipalities and County residence Bucharest sectors have one primary and 2 vice-mayors, and Bucharest has a mayor and four deputy mayors, elected in accordance with the law.
  

(2) the Mayor, attend the meetings of the local Council.
  

(3) for the duration of the mandate of the Mayor and Deputy Mayor, their employment contract at public institutions, the autonomous administrations or to companies with majority state capital adjourn.
  


Article 38 (1) validation of the election of the mayor shall be 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.
  

(2) 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.
  

(3) the invalidation of the election of the mayor shall have jurisdiction in cases referred to in article 1. 17 para. (3) and (4) 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.
  

(5) 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.
  


Article 39 (1) the mayor shall deposit in front of the local Council the oath referred to in article 1. 18. In contingencies, the oath shall be filed and in front of the President of the Court, which validated the election of the Mayor.
  

(2) the mayor who refuse to give the oath is considered resigned.
  


Article 40


(1) the term of Office of the Mayor is 4 years old and is 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.
  

(2) 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 found by final judgment, 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.
  

(3) in the cases referred to in paragraph 1. (2) the City Council adopt a decision whereby notes ceasing to hold the Mayor and declare its holiday function.
  

(4) In the event of resignation, pending the adoption by the City Council in which the decision referred to in paragraph 1. (3) the Mayor may return upon resignation.
  


Article 41 (1) the Mayor may be dismissed for the reasons set out in art. 33 para. (1), which shall apply accordingly, if its acts were issued in bad faith.
  

(2) 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.
  

(3) a 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.
  


Article 42 (1) the Mayor and Mayor general of Chisinau are heads of local public administration and accountable to the Council for the proper functioning of the latter.
  

(2) the Mayor of the commune or city represent in dealing with individuals or legal entities in the country and abroad, as well as the judiciary.
  

(3) the distinguishing sign of the Mayor is a scarf in the colors of the national flag.
  

(4) the mandatory wearing of the scarves at amazingly, public ceremonies and receptions, at the celebration of marriages.
  

(5) this Model will be established through the scarves of the Government.
  


Article 43 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.

(2) in exceptional cases, if the Mayor refuses or is unable to exercise some of the powers referred to in paragraph 1. (1) or in other special laws, those powers shall be exercised by the Secretary.
  


Article 44 (1) the Mayor performs the following main tasks: to) ensure that the fundamental rights and freedoms of the citizens, of the provisions of the Constitution and of the laws of the country of the President's decrees, Government decisions, of documents issued by ministries and other central public administration authorities, of the judgments of the County Council;
  

b) ensure enforcement of judgements of the local Council. Where it considers that a decision is unlawful, within 3 days from the date of taking the matter to the notice on the prefect;
  

c) may propose to the local population, through consultation, referendum on matters of local interest and, on the basis of the decision of the Council, take steps to organize this consultation;
  

d) submit to the Council annually or whenever necessary, reports on the economic and social condition of the village or town;
  

(e) the draft budget drawn up locally) and the account of the end of the budget year and subjecting them to the Council for approval;
  

f) exercising the rights and ensure the fulfilment of the obligations of the commune or city as a civil entity;
  

g) exercise the function of authorising officer for loan principal;
  

h) check, ex officio or upon request, the collection and spending of amounts from local budgets and shall immediately notify the Council the findings;
  

(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, according to the law;
  

k) directs and supervises the work of guardians in accordance with contractual commitments for public use;
  

It measures) regulations regarding the conduct of public meetings;
  

m) take measures to prohibit or suspend the performances, performances or other events contrary to public law times oppose morality, public order and tranquillity;
  

n) controls the public hygiene and sanitation of establishments and food offered for sale to the population, with the support of specialized bodies;
  

a) take action aimed at preventing and combating the hazards caused by animals;
  

p) ensure the development of local zoning and regulation of documentation planning and landscaping and subjecting them to the approval of the local Council, with due regard for the provisions of the law;
  

r) ensure the maintenance of public roads in the village or in the city, said signs of movement, normal traffic and pedestrians;
  

s) oversees the fairs, markets, and places the oboarele, amusement parks and take measures for the functioning of operational recovery;
  

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 welfare;
  

t) meets the Office of civil status officer;
  

t) deliver opinions, agreements and authorizations as provided by law;
  

u) draft statutes of the organisational structure, staff proposes, the number of personnel and payroll and submit them for approval;
  

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;
  

y) oversees an inventory of and management of assets which belong to the commune or town.
  

(2) the Mayor meets and other duties stipulated by law or entrusted by the local Council.
  


Article 45 the mayor shall submit quarterly or at the request of local Council information on the implementation of decisions adopted by the Council.


Article 46 (1) the mayor shall delegate the deputy mayors, through available issued within 30 days after the validation exercise some of the powers under art. 44, in particular those referred to in points. k), n))) and y), except as provided in (b). a)-g)), j))) t).
  

(2) the functions of the civil status officer may be delegated to the Secretary or other cases, officials with competence in this area.
  

(3) the Powers of the Mayor, according to art. 43 para. (1) except for the civil status officer may not be delegated.
  


Article 47 (1): the Deputy Mayor shall be 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.
  

(2) the dismissal of 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.
  


Article 48 (1) in the exercise of his powers, the mayor shall issue dispositions. They become enforceable once are brought to the attention of the persons concerned.
  

(2) the Mayor finds violations and adopt legal measures for their removal or, where appropriate, refer the matter to the competent bodies.
  

(3) the provisions of art. 29 para. (4) shall apply accordingly.
  


Article 49 (1) in the exercise of the function, the Mayor is protected by law.
  

(2) 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.
  

(3) Suspension may be ordered only upon reasoned request by the Court or the Prosecutor.
  

(4) 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.
  


(5) the order of suspension 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.
  

(6) If the Mayor suspended from Office was found not guilty, he shall be entitled to compensation under the law.
  

(7) 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.
  


Article 50 (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.
  

(2) In the situation referred to in paragraph 1. (1) the City Council by a delegate from among its members, a counselor, who will perform the duties of the temporary cases.
  

(3) in the event that I am suspended from Office, 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.
  

(4) 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. (1) and (2) apply to up to choose 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.
  


Chapter 4 the Secretary and local public services section 1 Article 51 Secretary Every Township, city and 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.


Article 52 (1) Appointment is made by the Secretary General on the basis of proposals from the City Council, the Mayor's initiative, based on a competition or examination.
  

(2) the examination shall be held the contest, 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, one 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.
  

(3) the Secretary shall enjoy stability and is subject to the rules contained in the status of public functionary.
  

(4) dismissal of Secretary is made by prefect, but at the local Council's proposal, which was adopted by 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.
  

(5) a disciplinary Sanction shall be made by the Secretary to the prefect on a proposal from the mayor or City Council, in accordance with the law.
  


Article 53 (1) the Secretary performs, under the law, the following main tasks: (a) attending meetings of the Council);
  

b) ensure the proper functioning of the compartments and legal activities within the apparatus of the local Council;
  

c) advises draft decisions of the City Council, assuming the responsibility for their legality;
  

d) receives and distributes correspondence; pursues legal response;
  

e) ensure that the work of the secretariat;
  

f) ensure local Council is convened;
  

g) prepares the work subject to local Council debate;
  

h) communicate and shall, within 10 days, if the law does not stipulate otherwise, the authorities and the parties concerned the acts issued by the City Council or the Mayor;
  

I) ensure to the attention of the public and of general interest;
  

j) issuing copies or extracts from any documents from the archives of the Council, except those with a secret character laid down by law; issuing the extracts or copies of acts of civil status;
  

k) confirm the authenticity of the signatures and upon receiving children with original acts, except those that are issued by central public authorities;
  

it) make sure that the compartments of civil status authority tutelara and social protection;
  

m) 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.
  

(2) the Secretary performs and other duties stipulated by law or entrusted by the City Council or the Mayor.
  


Section 2 of the public service of the district, the city and the City Council's own Article 54 the public services of the commune or town shall be organised by the City Council, the main areas of activity, according to local needs and particularities, while complying with the legal provisions and within the limits of the financial resources at its disposal.


Article 55 (1) the 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.
  

(2) the appointment and dismissal of the staff of the City Council are made by the Mayor, according to the law.
  

(3) Council may recommend, motivated, the Mayor ousted rulers the compartments.
  


Article 56 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.


Article 57 (1) conditions regarding 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.
  

(2) the Officials of the local Council shall enjoy stability and are subject to the provisions of the Statute on civil servants.
  


Article 58 (1) The relationship between the citizens and authorities of local public administration uses the language of Romanian.
  

(2) citizens belonging to national minorities in their relations with local public administration authorities and with their device, may apply orally or in writing in their native language.
  

(3) applications submitted in writing will be accompanied by their translation in Romanian language.
  

(4) where the representative of the public authority or servant thereof does not know the respective minority language, an interpreter shall be used.
  


Article 59 the 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.


Chapter 5 County Council section 1 Component and the formation of the County Council in article 60 (1) is the County Council of the county public administration authority.
  

(2) the County Council consists of Councillors elected in accordance with the law concerning local elections.
  


Article 61 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: number of Number of County residents up to 350,000 37-between 350,001 and 500,000 39-between 500,001 and over 650,000 41-62 in the formation of 650,000 45 Article County Council shall apply Accordingly, the provisions of art. 15-19 and 36.


Section 2 of the Powers of the County Council in article 63 (1) is the County Council County public administration authority coordinating the activity of communal councils and towns, in order to achieve the public services of County interest, and exercises, in this respect, the following powers: a) coordinates the activity of local councils, in order to achieve the public services of County interest;
  

b) organizes and conducts public services and approve the regulations of operation;
  

c) 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;
  

d) proposals made by the joint analyses and cities, on the drafting of economic forecasts for the restoration and protection of the environment;
  

e) adopt programmes and forecasts of economic and social development of the County and pursues them;
  

f) adopt the budget of the County and the account of the end of the budget year;
  

g) sets out general guidelines on the Organization and development of communities, urban and regional planning;
  

h) administers public and private realm of the County;
  


I) ensure the construction, maintenance and upgrading of the roads of the County, as well as interest and roads linking with its neighboring counties;
  

j) choice of advisors and released from his duties, under this law, the President, the Vice-Presidents and the permanent delegation;
  

k) adopt its rules of procedure;
  

l) approve, within the limits of legal norms, organizational structure and staff number from your device;
  

m) establishes County taxes and fees, as well as special taxes on limited time and according to the law;
  

n) Decides, in accordance with the law, the establishment of institutions and economic entities of interest, acquisition, lease or rental of goods in the field 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;
  

a) 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;
  

p) establish rules for indicative autonomous administrations or companies for which it establishes;
  

r) establish institutions and socio-cultural health and ensure their proper functioning;
  

s) conditions for the Organization and conduct of scientific activities, cultural, youth and sports;
  

s) assigns, in accordance with the law, on a proposal from local councils, the names of streets, squares and places of local interest;
  

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.
  

(2) the County Council meets and other duties stipulated by the law.
  


Section 3 operation of the County Council in article 64 (1) County Council is elected for a four year term, which may be extended, by an organic law, in the event of war or catastrophe.
  

(2) the County Council exercises his mandate from the date of establishment, until the Declaration as legally constituted the new Board elected.
  


Article 65 (1) the Council shall meet in ordinary sessions once every two months.
  

(2) the 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.
  

(3) the convening of the County Council is made by its Chairman, at least 10 days before the ordinary sessions or at least 3 days before the extraordinary.
  

(4) the provisions of article 4. 24, art. and article 25. 27 shall apply accordingly.
  

(5) a Summons shall be in writing and shall be recorded in the minutes of the meeting. The invitation will indicate the meeting agenda, its date and venue.
  


Article 66 of the 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.


Article 67 (1) the Council shall elect 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 much as possible, the policy configuration, which, together, constitute the permanent delegation.
  

(2) the President and Vice-Presidents of County Council Chairman and Deputy Chairmen are and you have permanent delegation.
  

(3) the President and Vice-Presidents of the County Council are elected by a majority vote of Councillors in Office.
  

(4) 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.
  

(5) on the exercise of the 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.
  


Article 68 (1) the Permanent Delegation of the County Council, established under art. 67, 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 Works Council, ensuring the 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 the judgments of the County Council and analyses periodically, their State of completion.
  

(2) 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.
  

(3) the procedure for the Organization and operation of the permanent delegation is established by the rules of procedure of the Council.
  

(4) the Secretary of the County and is the Secretary of the permanent delegation.
  


Article 69 The Permanent delegation may attend meetings of the prefect or his representative.


Article 70 (1) the President of the County Council 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.
  

(2) the 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.
  

(3) your device of the County Council is subordinate to its President.
  


Article 71 (1) the President of the County Council meets, according to the law, the following main tasks: to lead County Board meetings) and the permanent delegation;
  

b) ensure enforcement of judgments of the County Council;
  

c) supports the work of the institutions and companies of interest to the autonomous county;
  

d) attributions incumbent County as a legal entity;
  

e) exercise the function of authorising officer for loan principal;
  

f) prepares the draft budget and the County's own account of the end of the budget year and submit them to the Council for approval;
  

g) called, and release from Office imposed on the staff of the County Council, in accordance with the law;
  

h) submit annually or whenever necessary, reports on the State and County Administration activity, as well as with regard to the economic and social condition of the County.
  

(2) the President of the County Council meets and other duties stipulated by law or entrusted by the County Council.
  


Article 72 County Council President issue individual provisions. They become enforceable after being brought to the attention of the persons concerned.


Article 73 (1) 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.
  

(2) the appointment of the Secretary shall be 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.
  

(3) notice of the appointment shall be made on the basis of a competitive examination or organized under the law, 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.
  

(4) the issue of the provision of appointment will be made no later than 10 days after receipt of the proposal.
  

(5) the dismissal or disciplinary sanction, as well as County Secretary shall be 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.
  

(6) the Secretary of the County are properly applicable provisions of this Act relating to the city and commune Secretary.
  

(7) 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 General Council of Bucharest, whose main activity is entering those powers.
  


Article 74 (1) the provisions of this Act 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.
  


(2) 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.
  

(3) the provisions of art. 24 para. (5) and (6) shall apply accordingly.
  

(4) the period during 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 regard to the quality of civil servants.
  


Chapter 6 Public Administration Bucharest Bucharest Article 75 Sectors are organised as administrative-territorial subdivisions.


Article 76 of Bucharest 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.


Article 77 (1) of the 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. 20 paragraph 1. (2) (a). b), c), (f)),),),) and x). 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. 20 paragraph 1. (2) (a). g), h, i))), k) and s) may be exercised by the local councils of the sectors only on the decision of the General Council of Bucharest.
  

(2) 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.
  

(3) the town councils and mayors of Bucharest 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. 44 para. (1) (a). c), l) and m), which is exercised by the Mayor of the municipality of Bucharest.
  

(4) 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.
  

(5) the general Bucharest City Mayor together with the town councils of the 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.
  

(6) 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.
  

(7) the authorities referred to in paragraph 1. (1) and (2) apply to them properly and the article. 79-105, 123 and 124 of this Act.
  


Article 78 the provisions of art. 106-121 concerning the Commission's administrative County prefect and apply properly and prefect of Bucharest and administrative Commission organized around the prefecture.


Chapter 7 section 1 works and management of goods Article 79 shall constitute the patrimony of administrative-territorial units movable and immovable property belonging to the public domain of local interest, its own private domain and the rights and obligations of a patrimonial nature.


Article 80 belong to 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 public interest the county or local, markets, street 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 acquired by the commune, town or County, according to the law.


Article 81 private realm of administrative-territorial units shall be composed of movable and immovable property-other than those referred to in article 1. 80-flying or entering their property through ways and means provided by law.


Article 82 (1) the assets forming part of the public domain are inalienable, imprescriptible and imperceptible.
  

(2) the private sector is subject to the provisions of the common law, if the law does not provide otherwise.
  

(3) Donations and bequests of property with loads may be accepted only with the approval of the local Council or, where appropriate, by the vote of the County, two-thirds of its members.
  


Article 83 any property belonging to the administrative-territorial units are subject to annual valuation. Local and county councils will be allowed to submit annually a report on the situation of the goods.


Article 84 (1) 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.
  

(2) the sale, lease, rental and location of discharge shall be made by public auction held in accordance with the law.
  

(3) disposal of property belonging to the private domain of communes, towns, or counties, exchanges of land demarcation and sharing of buildings that are in joint possession with this private domain, rights or recognitions of waivers of rights in favour of third persons shall be made on the basis of the expertise of the Council appropriated.
  


Article 85 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 list.


Article 86 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.


Section 2 Article 87 Public Works 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.


Article 88 Documentation Planning and landscaping regarding common, city and County, shall be drawn up and approved in accordance with the law.


Article 89 approved Works will be awarded toward the execution, on the basis of an invitation to tender organized in accordance with the law and in compliance with the strict technical and economic documentation.


Article 90 local councils and the County may decide the setting up, under the law, companies, associations, agencies and other activities can be arranged for the purpose of execution of works of local interest, with capital established by the contribution of the councils and other legal entities and physical persons.


Chapter 8 Administering public finance section 1 common provisions Article 91 (1) the finances of municipalities, towns and counties administered under conditions stipulated by law, in accordance with the principle of local autonomy.
  

(2) local public administration authorities shall be entitled to sufficient own resources in proportion to the competences delegated to them under the law of which they can freely dispose.
  


Article 92 the incomes of local government and the regions are formed from completed their territory and from other sources, in accordance with the provisions laid down by law.


Article 93 (1) allocation 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.
  

(2) the amounts of administrative-territorial units distributed in accordance with para. (1) shall be used according to their intended use and eşalonării established by the budget approved by the City Council or County.
  


Article 94 the revenue and expenditure of administrative territorial units are provided for each financial year in the respective budgets approved by the local Council or, where appropriate, at the County, according to the law.


Section 2 of the Income



Article 95 local and County Councils provide the revenues of municipalities, towns and counties through the establishment of local taxes and fees or County, as applicable, as well as through other sources set out according to the law.


Article 96 (1) for the 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.
  

(2) the amount of the fees is fixed to special cover at least the amounts invested and the recurrent expenditure for the maintenance of these services.
  


Article 97 (1) special Fees shall be levied only from people who are using special services rendered.
  

(2) by regulations approved by the City Council or County, as applicable, shall determine the conditions under which special fees may be charged and the approval of the residents concerned, as well as their allocation per capita.
  

(3) decisions taken by local councils and regions in connection with special duties per capita allocation will be displayed immediately on its premises and will be brought to the attention by any means.
  

(4) a judgment against any such person may make opposition within a period of 15 days from their display, recorded by minutes. After the expiry of that period the Council has taken the judgment meets and deliberates upon complaints received.
  


Article 98 the discovery, settlement and cash incomes 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, in accordance with the law.


Section 3 of Article 99 Expenditures (1) In the County and local budgets shall be entered, at the expense, the amounts intended for activities that are financed from these budgets, in accordance with the law.
  

(2) no budget expenditure cannot be approved without the existence of sources of funding.
  


Article 100 (1) the local councils and the County may decide, by a majority of two thirds of the number of users who compose them, contracting of loans, according to the law. Sub-loans shall be provided for in their budgets after the voting, together with other means of coverage and reimbursement.
  

(2) decisions of the councils concerning contracting long-term loans are subject to approval by the residents of the respective administrative-territorial units.
  

(3) Decisions concerning loans can only endorse if it is found that the administrative-territorial unit can guarantee coverage and reimbursement.
  


Article 101 In 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.


Section 4-the drawing up, approval and execution of budgets. Completion and approval of the accounts Article 102 In every local budget and the County 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.


Article 103 (1) draft budget, drawn up and published, shall be submitted to the Council on the date of the first meeting, after the expiry of 15 days from the date of publication.
  

(2) the project is accompanied by the report of the President or mayor of the County Council, as appropriate, as well as appeals lodged within the time limit of 15 days from the date of publication of the draft.
  

(3) the Council shall deliberate, ruling out the complaints and by adopting the draft budget after it has been voted on articles.
  


Article 104 the Mayor and County Council President shall establish, through their own device and submit for approval by the end of the account councils budget exercise.


Article 105 the provisions contained in this chapter shall be supplemented by the provisions of the law on public finance.


Chapter 9, section 1 Prefect Prefect of the County and the municipality of Bucharest Article 106 (1) the Government shall appoint a prefect, as his representative in each county and in Bucharest.
  

(2) the prefect is assisted by a subprefect. In Bucharest, the prefect is assisted by 2 subprefecţi.
  

(3) the appointment and dismissal of school prefects and subprefecţilor are made by the Government.
  

(4) in order to be appointed, prefect and Deputy Prefect must have higher education and at least 30 years.
  

(5) for the duration of the completion of the prefect and the subprefect, the contract of employment to public institutions or in businesses majority-owned State adjourn.
  


Article 107 the prefect and Deputy Prefect may not be deputies or senators, members of the County Council and the local councils or mayors and cannot fulfill a function of professional representation with national character, another public function or a function or professional activity in the framework of the salarizata autonomous public corporations, companies, or other organizations are profit-making units times.


Article 108 (1) as a Government representative, the prefect shall ensure that the work of the local and county councils and mayors to be held under the law.
  

(2) among the prefects, on the one hand, and local councils and mayors, County, on the other hand, there is no relationship of subordination.
  


Article 109 Prefect leads decentralised public services of ministries and other bodies of administrative-territorial units.


Article 110 (1) the prefect, as Government representative, performs the following main tasks: to ensure national interests), compliance with laws and public order;
  

b) exercise control regarding the legality of administrative acts of local authorities and regions;
  

c) endorse the appointment or dismissal of the heads of decentralised public services of ministries and other bodies of administrative-territorial units;
  

d) has taking the appropriate action for the prevention of crime and the protection of citizens ' rights, by legally constituted bodies;
  

e) responsible in the conditions established by law, for the preparation and implementation of measures of self-defence that does not have a military character; the military authorities and local authorities of the Interior Ministry have the obligation to inform the prefect of any issues which may have significance for the County;
  

f) presents annually a report on the State Government's general economic, social, cultural and administrative County, including the implementation of the programme of Government.
  

(2) the prefect meets and other duties stipulated by law or Government data tasks.
  


Article 111 (1) 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.
  

(2) 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.
  

(3) 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. 53 para. (1) (a). h). the term of 30 days is a period of decay. The action is exempt from stamp duty.
  


Article 112 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.


Article 113 (1) For the performance of the incumbent, the prefect issues orders, in accordance with the law.
  

(2) Orders establishing measures of a technical nature and are issued after consulting bodies or services and are countersigned by their leaders.
  


Article 114 the Prefect's Order becomes enforceable only after it has been brought to the attention of the public, through the display and publication of normative provisions when, or from the date of the communication in other cases.


Article 115 (1) Prefecture has a technical apparatus, whose structure and powers shall be determined by decision of the Government.
  

(2) the prefect, Deputy Prefect and 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 County of residence.
  

(3) persons from the device of the Prefecture and the County Council are subject to the rules contained in the Statute of public officials.
  


Section 2 of the Administrative Commission to article 116 (1) In each county and in Bucharest organized in addition to prefectures, the Administrative Commission.
  


(2) 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 of the County and organized at the level of the municipality of Bucharest, as well as directors of branches of the national autonomous public corporations in the counties concerned.
  


Article 117 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.


Article 118 (1) the Administrative Commission shall draw up annually, based on the programme of Government, its own program of the county or municipality of Bucharest, which shall provide public services decentralized of ministries and other central organs of administrative-territorial units, public corporations and autonomous national branches of the County and, for information purposes, of the local government and regions.
  

(2) Administrative Commission supports decentralised public services of ministries and other central organs organized at the level of County and Bucharest, the activity of the national autonomous public corporations or their branches with activities on the territory of the County, and the County Government.
  


Article 119 (1) 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.
  

(2) the work of the administrative Commission is done by the device of the prefecture.
  


Article 120 the divergences 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.


Article 121 the ministries and other central organs are required to communicate and prefects and other orders and directions that we transmitted to the decentralized public services.


Article 122 the assurance of 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.


Chapter 10 transitional and final provisions Article 123 (1) in the exercise of local and district councilors, mayors and town councils and are serving the local community.
  

(2) local and district Councilors, mayors and deputy mayors enjoy the protection afforded by the law on the status of local elected officials.
  


Article 124 (1) town councils and mayors, 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.
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply to the school prefects, subprefecţilor and the staff of the prefectures.
  


Article 125 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.


Article 126 (1) from 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.
  

(2) public services decentralized of ministries and other central organs from Bucharest and Ilfov County for work.
  


Article 127 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.


Article 128 (1) pending 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.
  

(2) the local councils and County 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.
  


Article 129 (1) 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 concluded mandate predecessors.
  

(2) the provisions of paragraphs 1 and 2. (1) also applies to elected councils and mayors during the current legislature.
  


Article Act No. 130. 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.


Article 131 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 61 that apply once with the publication of the law in the Official Gazette of Romania.
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