Law No. 27 Of 26 April 1996 Members Of Political Parties

Original Language Title:  LEGE nr. 27 din 26 aprilie 1996 a partidelor politice

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LAW No. 27 of 26 April 1996 members of political parties, the PARLIAMENT published in ISSUING the OFFICIAL GAZETTE NR. 87 of 29 April 1996 the Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 the political parties are associations of Romanian citizens with voting rights who participate freely at training and exercise their political wishes, fulfilling a public mission guaranteed by the Constitution. They are legal persons governed by public law.


Article 2 In their activities, political parties are promoting values and national interests, as well as political pluralism, contributes to the education of citizens and encourage their participation in public life, influencing the formation of public opinion forming citizens able to assume political responsibilities, participate with candidates in the election and, where applicable, according to the law, the setting up of public authorities, stimulate citizen participation in voting rounds and organizes legislative initiative of the citizens.


Article 3 (1) may operate as political parties constituted associations only under the provisions of this law and acting in order to respect national sovereignty, independence, unity and territorial integrity of the State, the rule of law and principles of constitutional democracy.
  

(2) it is prohibited to political parties which, by statute, programs, propaganda of ideas or by other activities that they organize, in breach of article 7. 30 paragraph 2. (7), art. 37 para. (2) or paragraph. (4) of the Constitution.
  

(3) it is prohibited to political parties associated with the organizations from abroad whose provisions are imperative.
  

(4) political parties are forbidden to organize military or paramilitary activities.
  


Article 4 (1) of the political parties cannot be part of the Constitutional Court judges, lawyers, magistrates and asimilaţii them, members of the Court of accounts, military and civilian personnel working in the armed forces, the defence of public order and national security, Legislative Council members, members of the Board of Directors and staff from National Broadcasting Company National television company and the National Press Agency ' ROMPRES ' as well as other categories of persons to whom, specifically, by law, it is prohibited the Association policy.
  

(2) shall be exempt from the provisions of paragraph 1. (1) persons occupying subsecretari functions, or higher, as well as Councillors or staff from those offices which perform the functions in question, if they are civilians.
  


Article 5 (1) A Romanian citizen may not simultaneously be part of two or more political parties.
  

(2) the inclusion of a person in another political party law constitutes resignation from the party whose membership was.
  

(3) members of organizations of citizens belonging to national minorities which entered candidates in the May elections, is also part of a political party.
  

(4) No person shall be constrinsa to join or not be part of a political party.
  

(5) Dobindirea or loss of membership of a political party does not create priorities or restrictions in relation to the rights of citizenship.
  


Article 6 (1) political parties are organized and function on the criterion of territorial-administrative.
  

(2) it is prohibited the formation of political party structures criterion of employment, as well as the conduct of political activities within the economic agents or public institutions.
  

(3) The territorial organizations, political parties can hold structures dealing with issues specific to a particular social or occupational categories.
  

(4) In your own youth structures of political parties can be enrolled and keeping that have reached the age of 16 years. They, until the age of 18 years of fulfillment, not having the rights and obligations of party members.
  


Article 7 (1) every political party should have its own name and insignia. Full name, abbreviation and stamp of a political party must clearly distinguish themselves from those of the previously registered parties.
  

(2) the provisions of paragraphs 1 and 2. (1) also applies to electoral signs of political parties and political alliances '.
  

(3) the names and symbols of political parties, and election signs cannot reproduce or combine national symbols of the Romanian State, other States, international bodies of religious worship. Except the political parties which are members of international political organizations, they may use the Organization as such or in a specific combination.
  


Chapter 2 Organizing political parties Article 8 Each party must bear its own political program and status.


Article 9 status of political party shall include: (a) the full and abbreviated name), the party of the election;
  

b) headquarters;
  

c) Express as it seeks political objectives only;
  

d) rights and duties of members;
  

(e) disciplinary procedures and sanctions) through which they can be applied to the members;
  

f) procedure for electing the executive organs and their competences;
  

g General Assembly) of the members or delegates;
  

h) appointing bodies present candidates in local elections, parliamentary and presidential;
  

I) the competent organ to decide on mergers with other political parties, with political alliances or other forms of Association;
  

j) conditions under which outgoing;
  

k) method of administration of the estate and established funding sources under the present law;
  

l) organ that presides over the party in dealing with public authorities and third parties.
  


Article 10 of the party's political Programme must be presented in written form and be approved by the General Assembly of its members by the Assembly of delegates or organs authorized by the Statute.


Article 11 (1) political parties can have the territorial organizations subdivisions, with a minimum number of members required by the Statute.
  

(2) local authorities may represent a political party against third parties at the local level properly, I can open accounts at the Bank and are responsible for their management.
  


Article 12 (1) the members of the General Assembly and executive body are mandatory for a political party's leadership and its territorial organisations. Management of territorial organizations shall be elected for a fixed period, provided for in the statutes.
  

(2) the Statute may provide for other organs and to contribute to the formation of political will. In this case, their powers must be laid down explicitly in the Statute.
  


Article 13 (1) the general meeting of members of the political party or of the delegates is the Supreme decision, at the national level of the party. Its meeting is held at least once every four years. They can summon in this range and extraordinary meetings.
  

(2) the Assembly Delegates are elected by the territorial organizations through secret ballot. Their number is determined according to the number of members. Procedures for the nomination and the election of these should be set out in statute.
  


Article 14 (1) For disputes between members of a political party or the party's organizations and managements shall be formed at the level of the party and its territorial organs of the organizations.
  

(2) the members of the Arbitration Board are elected for a term of not more than four years.
  

(3) the Arbitration Body working under a regulation should provide the parties the right to be heard and equitable procedures.
  


Article 15 (1) of the political party of the appointing Bodies decide to admit members, under conditions laid down by the Statute.
  

(2) members shall be entitled to resign from the party at any time, with immediate effect.
  

(3) A member may be expelled from the party than if it had violated the statute or deliberately brought party behavior or damage.
  


Article 16 (1) the decisions of the political party and its territorial organisations shall be adopted by the majority laid down in the Statute.
  

(2) the election of members of the political party and the leadership of its territorial organizations shall be made by secret ballot.
  

(3) the Statute should provide for the right of each Member to the policy initiative and the possibility its examination in an organized setting.
  


Chapter 3 registration of political parties in article 17 (1) the application for registration of a political party shall be filed in the Court of Bucharest, accompanied by: a) status and program of the party;
  

b) Act of incorporation together with semnaturilor to list at least 10,000, founding members residing in at least 15 of the country's counties, but no less than 300 in each district, accompanied by a notarized statement of the party's Executive Body concerning the authenticity of semnaturilor;
  

c) lists the members of the County party organizations or Bucharest, required registration of political parties, which should include: name, surname, father's initial year of birth, domicile, identity card, a signature;
  

d) a statement regarding the headquarters and to the heritage of the party;
  

e proof of bank account opening).
  

(2) an application for registration signed by the leader of the political party's executive body and at least three founding members, which will be subpoenaed in court.
  


(3) the application for registration shall be displayed at the headquarters of the Bucharest Tribunal, for 15 days, and be made public in a newspaper of great central.
  


Article 18 (1) the Court of Bucharest shall examine the application for registration of a political party in a public meeting with the participation of the representative of the Public Ministry.
  

(2) natural or legal persons concerned may intervene in the process, if the intervention shall submit an application in their own interest according to the code of civil procedure. Request for intervention shall be communicated ex officio to persons who have signed the application for registration.
  


Article 19 (1) the Court of Bucharest ruled on the application for registration of a political party not later than 15 days after the expiry of the period provided for in art. 17 para. 3. (2) against the decision of the Court of Bucharest may make opposition to Bucharest Court of appeal, within 5 days of receipt.
  

(3) the Court of appeal will consider the opposition public meeting, not later than 15 days after its registration.
  

(4) the decision of the Bucharest Court of appeal is final.
  


Article 20 shall acquire legal political party from the date of final judgment of the Court concerning the acceptance of the application for registration.


Article 21 (1) political parties whose applications have been accepted shall be entered in the register of political parties at the Municipal Court of Bucharest.
  

(2) an order for the admission of political party registration shall be published in the Official Gazette of Romania.
  


Article 22 (1) amending the Statute of the political party or the program may take place under the conditions laid down by the Statute.
  

(2) the amendments approved by the competent body of the political party shall be communicated to the Court of Bucharest, they examine according to the procedure laid down in article 21. 17, 18 and 19.
  


Article 23 (1) where the Court rejected the application for approval of amendment, and the political party in question is acting on the basis of the amended statute, the Public Ministry will ask the Bucharest Tribunal commencement party and its deletion from the register of political parties.
  

(2) the Court of Bucharest within 15 days from the registration of the request of the Public Prosecutor, will rule over it.
  

(3) judgment of the Court of Bucharest the interested party may make opposition to the Bucharest Court of appeal, within five days of the notification of the decision appealed from.
  

(4) the Bucharest Court of Appeal ruling within 15 days from the registration of the opposition, and his decision shall be final and shall be published in the Official Gazette of Romania.
  


Chapter 4 the Association of political parties in article 24 (1) political parties may be associated with each other, based on a process of forming an association, Alliance politics.
  

(2) political Alliances they submit the Protocol to the Bucharest Tribunal Association and ask for entry in the register of political relationships.
  


Article 25 of the Protocol establishing the political alliance must state the name, stamp and sign, if any, allied political parties, Alliance objectives, organization and decision makers.


Article 26 (1), political parties and political alliances can form and other forms of Association, together with nepartidice formations, legally established, with a view to promoting common objectives.
  

(2) the Protocol for the establishment of forms of association referred to in paragraph 1. (1) name, the stamp will include, where appropriate, the Association, the objectives of the Organization and decision makers and will be filed at the Court of Bucharest, to be entered in the register other combination of parties.
  

(3) the Financial Contribution of each formation nepartidice, a member of the Association referred to in paragraph 1. (1), shall not exceed, within a year, the amount of the minimum wage of 500.
  


Article 27 where the Alliance will present policy choices with the common list, candidates must be part of a legally constituted political party, a member of the Alliance.


Article 28 of the political objectives of the Alliance and other forms of Association of political parties, as well as how their organization must comply with the provisions of article 7. 3 of this Act.


Chapter 5 termination of the activity of political parties Article 29 An outgoing political party as a result of the dissolution of autodizolvarii, pronounced by judicial or judgment of the Constitutional Court or as a result of the inactivity of the Bucharest Tribunal established under article. 31. Article 30 concerning Acts of political party dissolution shall be submitted not later than 10 days from the Bucharest Tribunal, for the purpose of removal from the register of political parties.


Article 31 where a political party does not designate candidates, alone or in Alliance, in the second legislative election campaign in at least 10 constituencies, or not held any General Assembly for five years, the Tribunal, at the request of Bucharest Public Ministry, will find the end of the sale, in compliance with the rules of procedure laid down in article 21. 23. Chapter 6 the finances of political parties Article 32 political parties may hold movable and immovable property which is necessary for specific activities.


Article 33 (1) sources of financing a political party can be: members ' dues to) party;
  

b) donations and related;
  

c) income from its own activities;
  

d) subsidies from the State budget, according to the annual budget law.
  

(2) receipts and payment transactions of parties are made through accounts in Moldovan lei and foreign currency, opened at banks established in Romania, according to the law.
  


Article 34 (1) the amount of the contributions, and the use thereof shall be established by the ruling political party, according to its statutes.
  

(2) total revenues derived from dues are neplafonate.
  

(3) the amount of contributions paid in one year for one person may not exceed 50 minimum base salaries. The minimum salary in the country taken as reference is the one existing on 1 January of that year.
  


Article 35 (1) Donations received by a political party in one year may not exceed 0.005% of the revenue of the State budget for the respective year.
  

(2) In the financial year in which the parliamentary elections have taken place, local or presidential, the roof from the preceding paragraph is twofold.
  

(3) the donation received from a physical person in one year may not exceed 100 minimum base salaries on the country in that year.
  

(4) the donation received from a legal person in one year may not be greater than 500 basic minimum wages per country.
  

(5) upon receipt of the donation are mandatory verification and registration of the identity of the donor. At the request of the donor, his identity may remain confidential, but not for an annual donation of more than 10 minimum salaries base on land. The total amount received by a political party as confidential donations may not exceed 20% of the maximum subsidy granted from the State budget of a political party that year.
  

(6) the list of donors with larger amounts of 10 minimum salaries base on land shall be published in the Official Gazette no later than 31 March of the following year.
  

(7) are prohibited goods or donations of money, made for the purpose of gaining an economic or political advantage.
  


Article 36 (1) political parties may not receive donations from public institutions from the autonomous administrations, from companies and from banking companies with majority state capital.
  

(2) Donations from other States or organizations abroad are banned. Exception from the provisions of this paragraph in developing material goods donations needed for political activity, received from international political organizations to which political party is affiliated or to parties that are in relationships policy. These donations will be published in the Official Gazette of Romania.
  


Article 37 political parties cannot carry out specific companies. Exception: a) editing, creation and dissemination of publications or other materials for propaganda and political culture;
  

b) shares cultural, sporting and fun;
  

c) internal services;
  

d) renting the premises for conferences and social and cultural actions;
  

e) interest;
  

f) assets in the heritage sale, except for those received as donations from abroad.
  


Article 38 Publications and propaganda materials will contain binding name political party or political alliance or other forms of Association of political parties that he has edited, if necessary.


Article 39 (1) political parties receive annual subsidies from the State budget, in accordance with the law. Aid pour into the account each month, political party, through the budget of the General Secretariat of the Government.
  

(2) the amount allocated annually to political parties cannot be greater than 0.04% of the State budget incomes.
  

(3) political parties which at the beginning of the legislature are represented by parliamentary group, at least to a room, receiving a subsidy. Total core grants represent one third of the budgetary subsidies allocated to political parties.
  


(4) political parties represented in Parliament receive and a subsidy proportional to the number of mandates obtained. The amount due for a period is determined by dividing the remaining two-thirds of subsidies from the State budget for political parties by the total number of members of Parliament.
  

(5) the total Subsidy from the State budget of a political party, after these operations may not exceed 5 times the subsidy.
  

(6) political parties which do not have parliamentary seats, but they have received at least 2% of the votes cast, receive equal subsidies shall be determined by dividing the amount consumed, according to the provisions of paragraph 1. (5) the number of political parties in question. The total amount granted to non-parliamentary political parties cannot be larger than a subsidy basis.
  

(7) the amounts of unused through redistribution, according to the provisions of paragraph 1. (6), shall be divided by political parties in proportion to the number of parliamentary mandates.
  

(8) the amounts of unused at the end of the financial year shall be carried over into the following year.
  


Article 40 (1) income from budgetary subsidies may have the following destinations: a) materials for the maintenance and operation of premises;
  

b) personnel expenditure;
  

c press and) propaganda;
  

d) expenses organizing political activities;
  

e) travel expenses;
  

f telecommunications expenses);
  

g) delegations abroad;
  

h) investments in movable and immovable property necessary for the activity of the political parties.
  

(2) the efficiency and timeliness of these expenditures are to be decided by the elected organs of political parties.
  


Article 41 (1) the local authorities ensure as a priority area for political parties ' headquarters, at the reasoned request of them.
  

(2) rental of premises intended for the location of the parties follows legal regime provided for rental of premises intended for habitation.
  

(3) political parties are exempt from paying taxes on buildings to buildings that they own the property.
  

(4) political parties and outgoing as a result of the dissolution of autodizolvarii, handed down through the final judgment of the courts, or their neinregistrarii under the provisions of art. 46 para. (2) are required to teach local authorities within 60 days, the spaces that we have held with the lease ended and with their agreement.
  

(5) the Tribunal shall notify the municipality of Bucharest will prefects termination political party with a view to taking over the premises of the local public authorities, through bailiffs.
  


Article 42 (1) Income derived from the activities referred to in article 1. 33 are exempt from taxes and fees.
  

(2) are also exempted from customs fees on donations received from abroad. 36. Article 43 payment of all expenses related to telecommunications, electric power and gas, heat, water, sewer rate shall be carried out at the premises intended for habitation.


Article 44 the Court of Auditors is the body empowered to monitor compliance with the provisions of article 7. 33 para. (2), art. 34 para. (3), art. 35-37 and article. 39-41 on the financing of political parties.


Article 45 Donations accepted by political parties in violation of the provisions of article 7. 35 and 36 times by those in one of the situations referred to in article 1. 23 and 29 to make income from the State budget, on the basis of the decision of the judicial College of the Court of Auditors.


Chapter 7 final and transitory provisions Article 46 (1) political parties existing at the date of entry into force of this law shall continue to operate on the basis of legal acts valid registration on the date of its creation.
  

(2) within 6 months after the entry into force of this law, the existing political parties will comply with the provisions of her will the court proceedings referred to in article 1. 17-19. (3) the period of 6 months for enrollment is a period of decay.
  


Article 47 (1) the name of a political party, election symbol and signs used since 1990 law belong, if you used them first, and may not be appropriated by other political parties.
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply to relationships, according to the political electoral law.
  


Article 48 Organizations of citizens belonging to national minorities who participate in the elections, are obliged to respect, properly and if appropriate, the provisions of art. 2-4, 7, 16, 34-43 and 47.


Article 49 Decree-Law No. 8/1989 on the registration and operation of political parties and public organisations in Romania are hereby repealed.
This law was passed in the Chamber of Deputies sitting on the commune and Senate of 19 March 1996, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania, and it was reexaminata by the Senate at its meeting of 16 April 1996 and of the Chamber of deputies at its meeting on 22 April 1996 under art. 145 Abdel. (1) of the Constitution, following the decision of the Constitutional Court No. 35 of 2 April 1996).
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE p. RADU VASILE, SENATE PRESIDENT-— — — — — — — — — — — — * Note) decision of the Constitutional Court No. 35 of 2 April 1996 was published in the Official Gazette of Romania, part I, no. 75 of 11 April 1996.

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