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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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LEGE No. 27 of 26 April 1996 of political parties
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 87 of 29 April 1996



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 Political parties are associations of Romanian citizens with the right to vote, who freely participate in the formation and exercise of their political will, fulfilling a public mission guaranteed by the Constitution. They are legal persons governed by public law. + Article 2 In their work, political parties promote national values and interests, as well as political pluralism, contribute to the political education of citizens and encourage their participation in public life, influence the formation of public opinion, form citizens able to assume political responsibilities, participate with candidates in elections and, where appropriate, according to the law, to the constitution of public authorities, stimulate the participation of citizens in scrutinies and organize the initiative citizens ' legislative. + Article 3 (1) Only associations constituted according to the provisions of this law and acting to respect national sovereignty, independence and unity of the state, territorial integrity, order of law shall function as political parties. and the principles of constitutional democracy. (2) Political parties that, by statute, programs, propaganda of ideas or by other activities they organize, violate the provisions of art. 30 30 para. ((7), art. 37 37 para. ((2) or para. (4) of the Constitution. (3) The political parties associated with foreign organizations whose provisions are imperative are prohibited. (4) Political parties are prohibited from organizing military or paramilitary activities. + Article 4 (1) The judges of the Constitutional Court, the lawyers of the people, the magistrates and their assimilates, the members of the Court of Auditors, the military and civil personnel operating in the structures of the armed forces, cannot be part of the of the defense of public order and national security, members of the Legislative Council, members of the boards and specialist staff of the National Broadcasting Society, the National Television Society and the Agency National Press "ROMPRES", as well as other categories of persons to whom, in Expressly, by law, their political association is prohibited. (2) It is exempted from the provisions of par. (1) persons occupying functions of state or higher sub-secretaries, as well as advisers or staff at the offices of those who perform those functions, if they are civilians. + Article 5 (1) A Romanian citizen cannot be part of two or more political parties at the same time. (2) The registration of a person in another political party constitutes a resignation from the party of which he was a member. (3) Members of citizens ' organizations belonging to national minorities who enter candidates in elections may also be part of a political party. (4) No person may be compelled to belong or to be part of a political party. (5) Interest or loss of membership of a political party does not create priorities or restrictions in relation to citizens ' rights. + Article 6 (1) Political parties shall be organized and operated on the administrative-territorial basis. (2) It is forbidden to set up structures of political parties according to the criterion of employment, as well as to carry out political activities within economic agents or public institutions. (3) Within territorial organizations, political parties can organize structures that will deal with the problems specific to a certain social or professional category. (4) Young people who have reached the age of 16 years can also be enrolled in their own youth structures. They, until the age of 18, do not have the rights and obligations of party members. + Article 7 (1) Each political party must have its own name and insignia. The full name, the abbreviated name and the insignia of a political party must clearly differ from those of the previously registered parties. (2) Provisions of para. (1) shall also apply to electoral signs of political parties and political alliances. (3) The names and insignia of political parties, as well as electoral signs, cannot reproduce or combine the national symbols of the Romanian state, other states, international bodies or religious cults. Except for political parties that are members of international political organizations, they can use the insignia of that organization as such or in a specific combination. + Chapter 2 Organizing political parties + Article 8 Each political party must have its own political status and program. + Article 9 The status of the political party shall include: a) full and abbreviated name, party's mark and electoral sign; b) the head office; c) the express mention that it pursues only political objectives; d) members ' rights and duties; e) disciplinary sanctions and procedures by which they may be applied to members; f) the procedure for choosing the executive bodies and their competences; g) the competence of the general meeting of the members or their delegates; h) the authorized bodies to submit applications in the local, parliamentary and presidential elections; i) the competent body to decide mergers with other political parties, with political alliances or other forms of association; j) the conditions under which the activity ceases k) the management of the patrimony and the sources of financing established under the present law; l) the body that presides over the party in relations with public authorities and third parties. + Article 10 The political program of the party must be presented in written form and be approved by the general assembly of its members, the assembly of their delegates or the bodies empowered by the statute. + Article 11 (1) Political parties may have as subdivisions territorial organizations, with a minimum number of members provided by the statute. (2) Local bodies may represent the political party against third parties at the appropriate local level, open accounts with the bank and respond to their management. + Article 12 (1) The general assembly of members and the executive body shall be binding governing bodies of the political party and its territorial organizations. The management of territorial organizations shall be chosen for a specified period, provided by statute. (2) Statutes may also provide for other organs to contribute to the formation of political will. In this case, their duties must be explicitly formulated in the statute. + Article 13 (1) The general assembly of the members of the political party or their delegates is the supreme decision-making body, at national level, of the party. Its meeting takes place at least once every 4 years. Extraordinary meetings and gatherings can be convened. (2) Delegates to the assembly shall be elected by the territorial organizations by secret ballot. Their number shall be determined by the number of members. The procedures for designation and their choice must be laid down in the statutes. + Article 14 (1) For the settlement of disputes between members of a political party or between them and the leaders of the party organizations shall be constituted at the level of the party and its territorial organizations of arbitration bodies. (. The members of the arbitration body shall be elected for a period of not more than 4 years. (3) The arbitration body shall work according to a regulation which must provide the parties with the right to be heard and fair decision-making procedures. + Article 15 (1) The authorized bodies of the political party shall decide to receive members, under conditions established by the statute. (2) Members have the right to resign from the party at any time, effective immediately. (3) A member may not be excluded from the party unless he has deliberately violated the status or has prejudiced the party through his or her conduct. + Article 16 (1) The decisions of the political party and its territorial organizations shall be adopted by the majority vote provided in the statute. (2) The election of members of the political party and of the leaders of its territorial organizations shall be made by secret ballot (3) The Statute must provide for the right of each member to the political initiative and the possibility of examining it within an + Chapter 3 Registering political parties + Article 17 (1) The application for registration of a political party shall be submitted to the General Court of Bucharest, accompanied by: a) the party's status and program b) the act of constitution together with the list of signatures supporting at least 10,000 founding members, domiciled in at least 15 of the counties of the country, but not less than 300 in each county, accompanied by an authenticated statement of the ruler the party's executive body on the authenticity of signatures; c) the lists of the members of the party from the county organizations or the city of Bucharest, necessary to register the parties, which will include: the name, the initial of the father, the first name, the year of birth, d) a statement regarding the party's headquarters and patrimony; e) proof of bank account opening. (2) The application for registration shall be signed by the head of the executive body of the political party and at least three founding members, who will be quoted in court. (3) The application for registration shall be displayed at the headquarters of the Bucharest Municipality, for 15 days, and shall be made public in a central newspaper of great circulation. + Article 18 (1) The Bucharest City Court shall examine the application for registration of the political party in public session, with the participation of the representative of the (2) Interested natural or legal persons may intervene in the process, if they submit an application for intervention in their own interest according to the Civil Procedure Code. The request for intervention shall be communicated ex officio to the persons who have signed the application + Article 19 (1) The General Court of Bucharest shall rule on the application for registration of the political party no later than 15 days after the expiry of the period provided for in 17 17 para. ((3). (2) Against the decision of the Bucharest City Court, an appeal can be appealed to the Bucharest Court of Appeal, within 5 days of communication. (3) The Bucharest Court of Appeal will examine the appeal in public session, no later than 15 days after its registration. (4) The decision of the Bucharest Court of Appeal is final + Article 20 The political party shall bring down legal personality from the date of delivery of the final judgment of the court on the admission of the application + Article 21 (1) Political parties whose applications for registration have been admitted shall be entered in the Register of Political Parties at the General Court of Bucharest. (2) The decision to admit the registration of the political party is published in the Official Gazette of Romania + Article 22 ((1) The modification of the status or program of the political party may take place under the conditions provided by the ((2) The amendments approved by the competent body of the political party shall be communicated to the Bucharest City Court for registration, which shall examine them according to the procedure 17 17, 18 and 19. + Article 23 (1) If the court rejected the application for a declaration of amendment of the statute, and the political party concerned acts on the basis of the amended statute, the Public Ministry will ask the Bucharest City Court to start the activity party and its deletion from the Register of Political Parties. (2) The Bucharest City Court, within 15 days from the registration of the request of the Public Ministry, will rule on it. (3) Against the decision of the Bucharest City Court the interested party can appeal to the Bucharest Court of Appeal, within 5 days from the communication of the decision. (4) The Bucharest Court of Appeal shall rule within 15 days from the registration of the appeal, and its decision shall be final and shall be published in the Official Gazette of Romania. + Chapter 4 Political parties association + Article 24 (1) Political parties may be associated with each other, on the basis of an association process, constituting a political alliance. (2) The political alliances shall submit the association protocol to the Bucharest City Court and request the registration in the Register of political alliances. + Article 25 The protocol of formation of the political alliance must mention the name, the mark and the electoral sign, if any, the allied political parties, the objectives of the alliance, the organization and the decision-makers. + Article 26 (1) Political parties and political alliances may constitute other forms of association, together with non-party parties, legally constitute, in order to promote common objectives. ((2) Protocol setting up the forms of association referred to in paragraph 1. (1) will mention the name, the mark, if applicable, the allied organizations, the objectives of the association, the organization and the decision-makers and will be submitted to the Bucharest City Court, in order to be registered in the register of other forms of association of Parties. (3) The financial contribution of each non-party party, member of a form of association referred to in par. (1), may not exceed, in a year, the amount of 500 minimum wages on the economy. + Article 27 If the political alliance will present itself in elections with common lists, candidates must be part of a legally constituted political party, a member of the political alliance. + Article 28 The objectives of political alliances and other forms of association of parties, as well as their organization must comply with the provisions of art. 3 3 of this law. + Chapter 5 Cessation of political party activity + Article 29 A political party ceases its activity as a result of self-dissolution, dissolution by court or by decision of the Constitutional Court or as a result of the inactivity found by the Bucharest City Court, according to art. 31. + Article 30 The documents regarding the self-dissolution of the political party shall be submitted no later than 10 days at the Bucharest City Court, in order to be removed from the Register of Political Parties. + Article 31 If a political party does not nominate candidates, alone or in alliance, in two legislative electoral campaigns, in at least 10 constituencies, or held no general assembly for 5 years, the Bucharest Municipality Court, at the request The Public Ministry will find the termination of its existence, in compliance with the procedural rules provided in art. 23. + Chapter 6 Political party finances + Article 32 Political parties may hold movable and immovable property that is necessary to carry out specific activities. + Article 33 (1) The sources of financing of a political party may be: a) contributions of party members; b) donations and related; c) income from own activities; d) subsidies from the state budget, according to the annual budget law. (2) The operations of receipts and payments of parties shall be made by accounts in lei and in foreign currency, opened with banks based in Romania, according to the law. + Article 34 (1) The amount of contributions, their distribution and use shall be determined by decisions of the political party, according to the statute. (. Total revenue from contributions shall be uncapped. ((3) The amount of contributions paid in one year by a person may not exceed 50 minimum basic salaries per country. The minimum basic salary per country taken as a reference is the one existing on January 1 of that year. + Article 35 ((1) Donations received by a political party in a year may not exceed 0,005% of the revenues of the state budget for the year. (2) In the financial year in which parliamentary, presidential or local elections are held, the ceiling of the previous paragraph shall be double. ((3) The donation received from a natural person in a year may not exceed 100 minimum basic salaries per country in that year. ((4) The donation received from a legal person in a year may not be more than 500 minimum basic salaries per country. (5) Upon receipt of the donation are mandatory the verification and registration of the donor identity. At the donor's request, his identity can remain confidential, but not for an annual donation of more than 10 minimum basic salaries per country. The total amount received by a political party as confidential donations cannot exceed 20% of the maximum subsidy granted from the state budget to a political party in that year. (6) The list of donors with amounts of more than 10 minimum basic salaries per country shall be published in the Official Gazette of Romania until March 31 of the following year. (7) The donations of material goods or amounts of money, made with the obvious purpose of obtaining an economic or political advantage, are prohibited. + Article 36 (1) Political parties cannot receive donations from public institutions, from autonomous regions, from companies and from banking companies with majority state capital. ((2) Donations from other states or organizations abroad are prohibited. I am an exception to the provisions of this paragraph donations consisting in material goods necessary for political activity, received from international political organizations to which the respective political party is affiliated or from parties in relations with political collaboration. These donations are published in the Official Gazette of Romania. + Article 37 Political parties cannot conduct business-specific activities. Except for: a) editing, making and disseminating publications or other propaganda materials and their own political culture; b) cultural, sports and entertainment; c) internal services; d) renting of own premises for conferences and social-cultural actions; e) bank interests; f) sale of assets in the patrimony, except those received as donations from abroad. + Article 38 Publications and propaganda materials will necessarily contain the name of the political party or political alliance or other forms of association of political parties that edited them, as the case may be. + Article 39 (1) Political parties receive annual subsidies from the state budget, under the law. The subsidy is paid monthly, in the account of each political party, through the budget of the General Secretariat of the Government (2) The amount allocated annually to political parties may not be more than 0.04% of the state budget revenues. (3) The political parties that at the beginning of the legislature are represented by parliamentary group, at least in a Chamber, receive a basic subsidy. The total basic subsidies account for a third of the budgetary subsidies allocated to political parties. (4) The political parties represented in the Parliament also receive a subsidy proportional to the number of mandates obtained. The amount due for a mandate is determined by dividing the remaining two-thirds of the subsidies from the state budget for political parties to the total number of parliamentarians. (5) The total subvention granted from the state budget to a political party, after these operations, cannot exceed 5 times the basic subsidy. (6) Political parties that do not have parliamentary seats, but have obtained at least 2% of the votes cast, receive equal subsidies, which are established by dividing the unconsumed amount, according to the provisions of par. (5), in the number of political parties concerned. The total amount given to non-parliamentary political parties cannot be higher than a basic subsidy. (7) Sums not consumed by redistribution, according to the provisions of par. (6), shall be divided into parliamentary political parties proportional to the number of mandates. ((. The amounts not covered by the end of the financial year shall be carried over to the following year. + Article 40 ((. Revenue from budgetary grants may have the following destinations: a) material expenses for the maintenance and operation of premises; b) personnel expenses; c) expenses for the press and propaganda; d) expenditure on the organisation of activities of a political nature; e) travel expenses; f) expenses for telecommunications; g) expenses with delegations from abroad; h) investments in movable and real estate necessary for the activity of parties (2) The efficiency and appropriateness of these expenses are to be decided by the elected bodies of political parties. + Article 41 (1) Local authorities shall ensure with priority spaces for the premises of political parties, at their reasoned request. ((2) The rental of premises for political parties ' premises follows the legal regime provided for the rental of premises intended for living. (3) Political parties are exempt from paying taxes on buildings for the buildings they own in the property. (4) Political parties that cease their activity as a result of self-dissolution, dissolution rendered by final decisions of the courts, or their non-registration according to the provisions of art. 46 46 para. (2) are obliged to hand over to the local public authorities, within 60 days, the spaces they have held with the lease concluded and with their agreement. (5) The General Court of Bucharest will communicate to the prefects the cessation of the activity of the political party in order to take over the premises by the local public authorities, through the + Article 42 (1) The incomes made from the activities provided in art. 33 are exempt from taxes and fees. (2) The donations received from abroad, provided for in art. 36. + Article 43 The payment of all expenses related to telecommunications, electricity and heat, gas, water, canal is made at the rate of premises intended for living. + Article 44 The Court of Accounts is empowered to control compliance with the provisions of art. 33 33 para. ((2), art. 34 34 para. ((3), art. 35 35-37 and art. 39 39-41 on financing political parties. + Article 45 Donations accepted by political parties in violation of the provisions of art. 35 and 36 times by those in one of the situations provided in art. 23 and 29 are made income to the state budget, based on the decision of the Judicial College of the Court of Auditors. + Chapter 7 Final and transitional provisions + Article 46 (1) The political parties existing on the date of entry into force of this Law shall continue to operate on the basis of the legal registration documents valid at the date of establishment. (2) Within 6 months from the entry into force of this law, the existing political parties shall comply with its provisions, following the judicial procedure established in art. 17-19. (3) The term of 6 months for registration is a term of revocation. + Article 47 (1) The name of a political party, the symbol and electoral signs used by him since 1990 belong to him by law, if he used them first, and cannot be appropriated by other political parties. (2) Provisions of para. (1) shall also apply to political alliances, under the terms of the electoral law. + Article 48 The organizations of citizens belonging to national minorities, who participate in elections, are obliged to respect, accordingly and if applicable, the provisions of art. 2-4 2-4, 7, 16, 34-43 and 47. + Article 49 Decree-Law no. 8/1989 on the registration and functioning of political parties and public organizations in Romania is repealed. This law was adopted at the joint sitting of the Chamber of Deputies and the Senate of March 19, 1996, in compliance with the provisions of 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution, and was re-examined by the Senate at the meeting of April 16, 1996 and by the Chamber of Deputies at the meeting of April 22, 1996 according to art. 145 145 para. (1) of the Constitution, following the Constitutional Court Decision no. 35 35 of 2 April 1996 *). CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE p. SENATE PRESIDENT RADU VASILE ------------- Note *) Constitutional Court Decision no. 35 of 2 April 1996 was published in the Official Gazette of Romania, Part I, no. 75 75 of 11 April 1996. ---------------------------