Advanced Search

Law No. 109 Of 2 July 1997 On The Organisation And Functioning Of The Economic And Social Council

Original Language Title:  LEGE nr. 109 din 2 iulie 1997 privind organizarea şi funcţionarea Consiliului Economic şi Social

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 109 109 of 2 July 1997 (* updated *) on the organisation and functioning of the European Economic ((updated until 20 June 2006 *)
ISSUER PARLIAMENT




--------------- *) The initial text was published in the OFFICIAL GAZETTE no. 141 141 of 7 July 1997. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until June 20, 2006, with the amendments and additions made by: LAW no. 492 492 of 1 October 2001 ; LAW no. 58 58 of 28 February 2003 ; EMERGENCY ORDINANCE no. 41 41 of 7 June 2006 . The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 The Economic and Social Council is a public institution of national interest, tripartite, autonomous, constituted in order to achieve social dialogue at national level between employers, trade unions and the Government and the climate of stability and social peace. ---------------- Article 1 has been amended by section 1. 1 1 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 2 The Economic and Social Council has an advisory role in the establishment of economic and social strategies and policies, in the settling of conflicting states at branch level or at national level between the social partners, as well as in the realization, promoting and developing social dialogue and social solidarity. ---------------- Article 2 has been amended by section 2. 2 2 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 2 ^ 1 (1) The Economic and Social Council is compulsorily consulted by the initiators of draft normative acts and projects of programs and strategies not materialized in draft normative acts, in its field of competence. The result of this consultation is reflected in opinions on draft normative acts and on draft programs and strategies. (2) The Economic and Social Council may self-refer or be notified by any public authority or by the representative employers and trade unions on certain states of fact, economic and social developments or events of national interest. Following these referrals the Economic and Social Council issues points of view and recommendations. ---------------- Article 2 ^ 1 has been introduced by item 1. 3 3 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 3 (1) The Economic and Social Council has legal personality. (2) The headquarters of the Economic and Social Council is in Bucharest. + Article 4 The Economic and Social Council is organized and operates according to the provisions of this law, as well as the organization and functioning regulation. + Chapter II Tasks of the Economic and Social + Article 5 The Economic and Social Council analyses the economic and social situation of the country and makes proposals to the Government and Parliament, under the conditions provided by law, regarding a) restructuring and development of national economy; b) privatization, operation and competitiveness of economic agents; c) labour relations and wage policy; d) social protection and health protection; e) education, research and culture; f) monetary, financial, fiscal and income policies. ---------------- Article 5 has been amended by section 6.6. 4 4 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 6 To fulfill the advisory role in solving the problems provided in art. 5 The Economic and Social Council has the following main tasks: a) analyze and endorse the draft decisions and ordinances of the Government and the draft laws to be presented for adoption to the Parliament; b) analyze and endorse the projects of programs and strategies not materialized in draft normative acts, before their adoption; c) signals to the Government or Parliament the emergence of economic and social phenomena that require the elaboration of new normative acts; d) analyze the causes of conflicting states arising at national or branch level and make proposals to solve them in the national interest; e) elaborates, at the request of the Government, of Parliament or on its own initiative, analyses and studies on economic and social realities; f) elaborates and supports the implementation of strategies, programs, methodologies and standards in the field of social dialogue; g) pursues the obligations arising from the Convention no. 144/1976 of the International Labour Organization on tripartite consultations intended to promote the application of international labour standards, adopted on 2 June 1976 in Geneva, ratified by Romania by Law no. 96/1992 . ---------------- Article 6 has been amended by section 6. 5 5 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 7 ((1) Initiators of draft normative acts and national or sectoral programs and strategies concerning the fields referred to in art. 5 have the obligation to request for them the advisory opinion of the Economic and Social Council. (2) The opinion provided in par. (1) will necessarily accompany the draft normative act, program or strategy until adoption. ---------------- Article 7 has been amended by section 7. 6 6 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 8 (1) In carrying out the duties provided in art. 7 The Economic and Social Council has the obligation to analyze the draft normative acts, programs and strategies received and to transmit its opinion, as follows: a) within 10 calendar days from the receipt of the request, in the case of draft decisions and ordinances of the Government or, as the case may be, ordinary laws; b) within 20 calendar days from the receipt of the request, in the case of draft organic laws and in the case of projects of programs and strategies not materialized in normative acts. (2) Overcoming the deadlines provided in par. (1) entitles the initiator to adopt the unearned strategies and programs in draft normative acts and to transmit the draft normative acts for adoption without the opinion of the Economic and Social Council, with the mention of this situation. ---------------- Article 8 has been amended by section 6.6. 7 7 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 9 Repealed. ---------------- Article 9 was repealed by point (a). 8 8 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 10 Repealed. ---------------- Article 10 has been repealed by point (a) 8 8 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 11 The Economic and Social Council establishes relations with international bodies and organisations in the social and labour fields. + Article 12 The Economic and Social Council analyses and proposes measures to improve the application of international agreements and conventions to which Romania is a party, as well as assistance programs initiated by international bodies specialty, from its own field of activity. + Chapter III Structure of Economic and Social Council + Article 13 (1) The Economic and Social Council shall be composed of a number of 45 members constituting the plenum of the Economic and Social Council, appointed by the social partners as follows: a) 15 members, jointly appointed by the representative employers ' confederations at national level; b) 15 members, jointly appointed by the representative trade union confederations at national level; c) 15 members appointed by the Government. ((1 ^ 1) The distribution of seats between the representative employers ' confederations at national level is carried out by mutual agreement, before the nomination of their representatives within the Economic and Social Council. ((1 ^ 2) The distribution of seats between the representative trade union confederations at national level is carried out by mutual agreement, before the nomination of their representatives within the Economic and Social Council. (1 ^ 3) Each national representative and trade union confederation holding one or more seats in the Economic and Social Council nominates the person or persons, as the case may be, to represent the confederation within the The Economic and Social Council. (1 ^ 4) The government may decide to replace one member representing the Government with one representative of other professional associations, non-governmental organizations and other such organizations of civil society. (1 ^ 5) The procedure for replacing the members of the Economic and Social Council appointed by the Government is established by the Regulation on the organization and functioning of the Economic and Social Council (2) National trade union and employers ' confederations which have acquired this quality according to the legislation in force are representative at national level. ---------------- Alin. ((1) of art. 13 13 has been amended by section 9 9 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. Alin. ((1 ^ 1)-(1 ^ 5) of art. 13 13 have been introduced by section 10 10 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. Alin. ((2) of art. 13 13 has been amended by section 11 11 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. Alin. ((1) of art. 13 13 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 41 41 of 7 June 2006 , published in MONITORUL OFFICIAL no. 532 532 of 20 June 2006. + Article 14 People who meet the following conditions may acquire the membership of the Economic and Social Council: a) have only Romanian citizenship and domicile in Romania; b) have reached the age of 30; c) have exercise capacity; d) have no criminal record. ---------------- Letter d) of art. 14 14 has been amended by section 4.2 12 12 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 15 Members of the Economic and Social Council are appointed for a period of 4 years; the members ' mandate may be renewed. + Article 16 (1) The social partners shall submit to the Economic and Social Council the list of appointed members, at least 30 days before the expiry of the members ' term of office. (2) In accordance with the Regulation on the organization and functioning of the Economic and Social Council, the members appointed by the social partners shall be individually validated, after verifying their fulfilment of the conditions laid down in art. 14. (3) The social partners are to appoint new members instead of those who have not been confirmed. + Article 17 (. The Economic and Social Council shall be deemed to be legally constituted on the date on which all members appointed by the social partners have been confirmed. (2) Until the date of establishment of a new Economic and Social Council, but no later than 3 months after the end of the mandate, the previous council shall continue its activity. (3) The authorized governing body, according to the organization and functioning regulation, with the confirmation of the members of the new Economic and Social Council, continues its activity until the new council is established. + Article 18 (1) The membership of the Economic and Social Council shall cease in the following situations: a) upon expiry of the mandate b) in case of death; c) in case of resignation; d) in the event that the plenum of the Economic and Social Council or, as the case may be, the employers ' confederation, the trade union confederation or the Government, which has appointed it, demands its revocation; e) if it no longer meets one of the conditions provided for in art. 14 lit. a), c) and d). f) in the event that the employers ' confederation or the trade union confederation that nominated him loses his status as a representative organization at national level. (2) The procedure for revocation as a member of the Economic and Social Council shall be established by the rules of organization and functioning. ---------------- Letter d) a par. ((1) of art. 18 18 has been amended by section 4.2 13 13 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. Letter f) a par. ((1) of art. 18 18 was introduced by section 4.2. 14 14 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 19 In the situations provided in art. 18 18 para. ((1) lit. a)-e) the employers ' confederation, the trade union confederation or the Government, as the case may be, shall appoint a new member, appointment to be submitted for validation according to art. 16. ---------------- Article 19 has been amended by section 6.6. 15 15 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 20 (1) In the structure of the Economic and Social Council, permanent or temporary specialized commissions are organized. (2) The permanent specialist committees are mainly the following: a) Commission for the restructuring and development of the national economy b) the Commission for the privatization, operation and competitiveness of economic agents; c) the Commission on labour relations and wage policy; d) The Commission for social protection and health protection; e) the Committee on Education, Research and Culture; f) Committee on monetary, financial, fiscal and revenue policies. (3) Other permanent specialized commissions or some temporary specialized commissions may be established by the organization and functioning regulations for the resolution of problems that arise in the specific fields of activity. ---------------- Alin. ((2) of art. 20 20 has been amended by section 16 16 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 21 The number of members of the permanent or temporary specialist committees of the Economic and Social Council is at least 9 persons, equally distributed among the social partners represented. ---------------- Article 21 has been amended by point 17 17 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 22 (1) Members of the permanent or temporary specialist committees shall be appointed from among the persons who are members of the Economic and Social Council. (2) Members of the permanent or temporary specialized committees of the Economic and Social Council and persons other than those provided in par. ((1). In this case, the procedure for their appointment is established by the organization and functioning regulation, respecting the conditions provided for the members of the Economic and Social Council. + Chapter IV Organization, functioning and leadership of the Economic and Social Council + Article 23 The functioning of the Economic and Social Council is ensured by a) plenary; b) the executive office; c) President and Vice-Presidents; d) Secretary-General. ---------------- Article 23 has been amended by section 6.6. 18 18 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 24 (1) The plenum of the Economic and Social Council meets monthly in ordinary sessions. ((. The plenary shall also meet in extraordinary sessions, at the request of the executive office or at least one third of the members. + Article 25 (1) The plenary shall be carried out in the presence of at least 24 members, provided that each social partner is represented by at least 8 persons. (2) The work of the plenum shall be carried out in public meetings, unless expressly established by the Executive Office. -------------- Alin. ((1) of art. 25 25 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 41 41 of 7 June 2006 , published in MONITORUL OFFICIAL no. 532 532 of 20 June 2006. + Article 26 (1) The plenary shall provide the general management of the Economic and Social Council and shall have the following main tasks a) choose, at the proposal of the social partners, the president and propose it to the Parliament b) chooses, on the proposal of the social partners, the 2 Vice-Presidents and the members of the Executive Office; c) adopt the rules of organization and operation; d) establish the composition of the permanent specialized commissions; e) approve the own project of the revenue and expenditure budget, as well as the report on budget implementation; f) adopt the proposals for decisions drawn up by the specialized committees; g) endorses draft normative acts and draft programs and strategies; h) appoints the Secretary General of the Economic and Social Council (2) The attributions provided in par. (1) may be supplemented by the rules of organization and operation. ---------------- Alin. ((1) of art. 26 26 has been amended by section 19 19 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 27 (. In the exercise of its powers, the plenary shall adopt decisions, as a rule, by consensus of the social partners. (2) If the consensus is not achieved, the decisions shall be adopted by vote, by a majority of three-fourths of the members of the Economic and Social Council present. ((3) If a decision of the plenum cannot be adopted under the conditions provided in par. (1) or (2), the views expressed in the plenum of the Economic and Social Council of the party that referred to this body shall be transmitted. ---------------- Alin. ((2) of art. 27 27 has been amended by section 20 20 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 28 (1) The Executive Office of the Economic and Social Council is composed of the President, 2 Vice-Presidents and a number of 6 members, 2 each from each social partner. (1 ^ 1) The functions of president, respectively vice-president, are ensured by rotation of each social partner. For the position of president the rotation will be carried out in compliance with the duration of each (2) The Executive Office of the Economic and Social Council shall ensure the management of the plenary session. (3) The duties and manner of work of the Executive Office shall be established by the Regulation on the organization and functioning of the Economic and Social Council. ---------------- Alin. ((1 ^ 1) of art. 28 28 has been introduced by section 21 21 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 29 (1) The President of the Economic and Social Council is validated by the Parliament, for a period of 4 years, at the proposal of the plenary of the Economic and Social Council, adopted by a majority of three-fourths of the total number of members. (2) The revision of the President of the Economic and Social Council will be made by the Parliament, at the proposal of the Economic and Social Council ---------------- Alin. ((1) of art. 29 29 has been amended by section 22 22 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 30 The powers of the President and Vice-Presidents of the Economic and Social Council shall be established by the Rules of Organization + Article 31 The President of the Economic and Social Council represents the council in relations with third parties, according to the decisions taken in plenary or in the executive office. ---------------- Article 31 has been amended by section 6.6. 23 23 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 32 (1) The specialized committees are the structures of the Economic and Social Council that analyze the problems specific to the areas provided in art. 5 and which propose to the plenary measures to resolve them. (2) The specialized committees are headed by a president, appointed, by rotation, by each social partner. (3) The chairman of the specialized committee shall determine the working hours and the issues to be debated. + Article 33 The working procedure of the permanent commissions is established by the Regulation on the organization and functioning of the Economic and Social Council. + Article 34 (1) In the structure of the Economic and Social Council operates a technical secretariat, which is the specialized and technical-administrative working apparatus. (2) The technical secretariat of the Economic and Social Council is headed by the Secretary-General, its duties being established by the regulation of organization and functioning. (3) The position of secretary-general is incompatible with the position of member of the Economic and Social Council. + Chapter V Other provisions + Article 35 (1) For the organization and functioning of the Economic and Social Council shall be allocated from the state budget, through the annual budgetary laws, funds related to the following categories of expenditure: a) maintenance and operation expenses and capital expenditures, which will be determined annually; b) salaries of employees of the Technical Secretariat of the Economic and Social Council, based on the provisions Government Emergency Ordinance no. 33/2001 on certain measures relating to the remuneration of civil servants and other staff in the budgetary sector, as well as staff in the bodies of the judicial authority, approved with amendments Law no. 386/2001 * *); c) allowances for the 27 members of the Economic and Social Council and for 54 members of the permanent specialized committees, who do not have the status of members of the Economic and Social Council *); d) payment of annual contributions due to international organizations to which the Economic and Social Council is affiliated. e) contributions due by the employer to the amounts representing salaries and allowances paid to the persons provided in lett. b) and c), according to regulations in the field. ((2) Abrogat. (3) Other income may be made up of donations and contributions of the social partners, other natural and legal persons, unanimously accepted. -------------- Letter d) a par. ((1) art. 35 35 was introduced by section 4.2. 1 1 of the single article of LAW no. 492 492 of 1 October 2001 , published in MONITORUL OFFICIAL no. 623 623 of 3 October 2001. * *) Letters b) and c) of par. ((1) of art. 35 35 have been amended by section 24 24 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. This amendment shall enter into force, art. II of LAW no. 58 58 of 28 February 2003 ,, as of 1 January 2004. Letter e) a par. ((1) of art. 35 35 was introduced by section 4.2. 25 25 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. Alin. ((2) of art. 35 35 has been repealed by section 6.6. 26 26 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 36 (1) The staff structure of the Economic and Social Council is as follows: a) specialist and technical-administrative staff; b) experts of specialist committees. (2) Employees of the Technical Secretariat of the Economic and Social Council do not have the status of civil servants. -------------- Alin. ((2) of art. 36 36 has been introduced by section 27 27 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 37 (1) For the work done, members of the Economic and Social Council and its permanent and temporary specialist committees receive a monthly allowance. (2) If the members of the Economic and Social Council or of the permanent or temporary specialist committees move in the interest of the service, in the country or abroad, as well as in other special situations, they are entitled to other amounts of money, established by the organization and functioning regulation, according to the legal provisions. + Article 37 ^ 1 (1) For the elaboration of studies from the economic-social field established by the plenary, the Economic and Social Council may use external collaborators-teachers from higher education, scientific researchers, magistrates or other specialists -, based on civil conventions, under the law. (2) The civil conventions referred to in par. ((1) shall be concluded in writing and shall include the identification data of the parties, the name or object of the work to be elaborated, the quality conditions that the work must meet, the term of its surrender, the due amount the external collaborator for the work performed as well as the payment mode. (3) The amount of the amounts due to external collaborators is established by direct negotiation, in relation to the complexity and importance of the work to be elaborated, as well as with the time necessary to perform it, without being able to exceed, monthly, the maximum basic salary established by law for the position of adviser to the IA degree in the ministries. (4) The payment of the external collaborators of the Economic and Social Council is made from budgetary credits, as well as from income managed in extra-budgetary regime, according to the law. -------------- Article 37 ^ 1 has been introduced by item 2 2 of the single article of LAW no. 492 492 of 1 October 2001 , published in MONITORUL OFFICIAL no. 623 623 of 3 October 2001. + Article 38 The specialized and technical-administrative staff operate within the Technical Secretariat of the Economic and Social Council and fall under the law. + Article 39 (1) The Economic and Social Council has the right to request from any legal person, by public or private law, and these persons have the obligation to transmit, in compliance with the legal norms in force, the data and information necessary to fulfill Council duties (2) The retention and use of data and information will be done in compliance with the degree of confidentiality specified by the issuer. + Chapter VI Final provisions -------------- Head. VI has been repealed by section VI. 28 28 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 40 Repealed. -------------- Article 40 was repealed by point (a). 28 28 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 41 Repealed. -------------- Article 41 was repealed by point (a). 28 28 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. + Article 42 Repealed. -------------- Article 42 has been repealed by point (a) 28 28 of art. I of LAW no. 58 58 of 28 February 2003 , published in MONITORUL OFFICIAL no. 179 179 of 21 March 2003. This law was adopted by the Senate at the meeting of 17 June 1997, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS This law was adopted by the Chamber of Deputies at the meeting of June 19, 1997, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN --------------