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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071043/-lege-nr.-109-din-2-iulie-1997-privind-organizarea-i-funcionarea-consiliului-economic-i-social.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 109 of 2 July 1997 (* updated *) on the Organization and functioning of the Economic and Social Council (updated until June 20, 2006)-PARLIAMENT ISSUING — — — — — — — — — — — — *) originally was published in MONITORUL OFICIAL nr. 141 of 7 July 1997. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamt until 20 June 2006, with edits and additions to: Law No. 492 of 1 October 2001; Law No. 58 of 28 February 2003; EMERGENCY ORDINANCE No. 41 from June 7, 2006.
Romanian Parliament adopts this law.


Chapter I General provisions Article 1 the Economic and Social Council is a public institution of national interest, independent, tripartite, created for the purposes of social dialogue at the national level between employers, unions and Government and the climate of stability and social peace.
----------------
Art. 1 was amended by section 1 of article. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 2 the Economic and Social Council has an advisory role in setting strategies and economic and social policies in settling conflict situations at the branch level or at the national level occurred between the two sides, as well as in implementing, promoting and developing social dialogue and social solidarity.
----------------
Art. 2 was amended by paragraph 2 of article 9. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 2 ^ 1 (1) the Economic and Social Council is consulted by the initiators of draft legal acts and draft programmes and strategies not represented in draft normative acts, or jurisdiction. The result of this consultation process is materialized in the opinions on draft laws and draft programmes and strategies.
  

(2) the Economic and Social Council can be ex or may be consulted by any public authority whenever the management and labour representative of stari fact, developments or economic and social events of national interest. Following those complaints, the Economic and Social Council shall issue recommendations and points of view.
  

----------------
Art. 2 ^ 1 was introduced by point 3 of article 1. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 3 (1) Economic and Social Council has legal personality.
  

(2) the Economic and Social Council Headquarters is in Bucharest.
  


Article 4 the Economic and Social Council is organized and operates under the provisions of this law and rules of organization and functioning.


Chapter II powers of the Economic and Social Council Article 5 analyses the Economic and Social Council the economic and social situation of the country and makes proposals to the Government and Parliament, as stipulated by law, concerning: restructuring and development of the economy);
  

b) privatisation, functioning and competitiveness of economic agents;
  

c work and relationships) policy;
  

d) social protection and health care;
  

e), research and culture education;
  

f) monetary policy, financial, tax and revenue.
  

----------------
Art. 5 was amended by paragraph 4 of art. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 6 the advisory role for solving. 5. Economic and Social Council has the following main tasks: to) analyzes and approves the draft decisions and ordinances of the Government and draft laws to be submitted to Parliament for adoption;
  

b) analyzes and approves the draft programmes and strategies not represented in draft normative acts, prior to their adoption;
  

c) signals the Government or Parliament of economic and social phenomena which require the development of new normative acts;
  

d) explores the root causes of conflict situations arising at national or branch and make proposals for solving them in the national interest;
  

e), at the request of the Government being prepared, Parliament or on their own initiative, analyses and studies on the social and economic realities;
  

f) elaborates and sustain the implementation of strategies, programs, methodologies and standards in the field of social dialogue;
  

g) follows the fulfilment of obligations arising from Convention No. 144/1976 of the International Labor Organization concerning tripartite consultations intended to promote application of the rules of the International Labour Organisation, adopted in Geneva on 2 June 1976, ratified by Romania by law No. 96/1992.
  

----------------
Art. 6 was amended by section 5 of art. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 7 (1) the initiators of draft normative acts of national programmes and strategies relating to sectoral areas mentioned in article 1. 5 have the obligation to ask for the Advisory opinion of the Economic and Social Council.
  

(2) the notice referred to in paragraph 1. (1) will accompany the binding draft normative act, programme or strategy until adoption.
  

----------------
Art. 7 was amended by section 6 of article. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 8 (1) In fulfilling the duties provided for in article 10. 7 Economic and Social Council is obliged to examine the draft normative acts, programmes and strategies have been received and transmit its opinion or, as follows: a) within 10 calendar days of receipt of the request, in the case of draft decisions and ordinances of the Government or, as the case may be, the ordinary laws;
  

b) within 20 calendar days of the receipt of the request, in the case of the draft organic law and in the case of draft programmes and strategies not represented in normative acts.
  

(2) exceeding the time limits specified in paragraph 2. (1) give the right to adopt strategies and pioneer programmes not represented in draft normative acts and to transmit draft normative acts for adoption without the opinion of the Economic and Social Council, with a reference to this situation.
  

----------------
Art. 8 was modified by point 7 of article. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 9 Repealed.
----------------
Art. 9 it was repealed by section 8 of article. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 10 Repealed.
----------------
Art. 10 it was repealed by section 8 of article. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 11 sets out the Economic and Social Council with the international bodies and organizations in the fields of social and labor.


Article 12 analyses the Economic and Social Council and propose measures for improving the implementation of international agreements and conventions to which Romania is a party, as well as to assistance programmes initiated by the specialized international bodies, in the field of its activity.


Chapter III structure of the Economic and Social Council in article 13 (1) Economic and Social Council is composed of a total of 45 members constituting plenary session Economic and Social Council, appointed by the two sides as follows: a) 15 members appointed by mutual agreement of the employer's representative, confederatiile at national level;
  

b) 15 members appointed by mutual agreement of the Trade Union representative, confederatiile at national level;
  

c) 15 members appointed by the Government.
  

(1 ^ 1) The distribution of seats between the employers ' representative confederatiile at national level is done by mutual agreement, before nominating their representatives within the Economic and Social Council.
(1 ^ 2) The distribution of places between confederatiile representative trade unions at the national level is done by mutual agreement, before nominating their representatives within the Economic and Social Council.
(1 ^ 3) Each employers ' Confederation and nationally representative trade union that owns one or more seats on the Economic and Social Council nominates the person or persons, if necessary, to represent the Federal Government in the framework of the Economic and Social Council.
(1 ^ 4) The Government may decide to replace a member of the Government that is a representative of other professional associations, non-governmental organizations and other civil society organizations too.
(1 ^ 5) Procedure for replacement of members of the Economic and Social Council appointed by the Government are established by the rules of organization and functioning of the Economic and Social Council.

(2) Are nationally representative national Trade Union and employers ' confederatiile who have acquired this quality according to laws in force.
  

----------------
Alin. (1) of article 1. 13 was amended by point 9 of article. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.
Paragraphs 1 and 2. (1 ^ 1 ^ 1 5) of art. 13 were inserted by paragraph 10 of article 10. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.
Paragraphs 1 and 2. (2) of article 9. 13 has been amended point 11 of article 1. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.
Paragraphs 1 and 2. (1) of article 1. 13 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 41 from June 7, 2006, published in MONITORUL OFICIAL nr. 532 of 20 June 2006.


Article 14


May acquire membership of the Economic and Social Council persons who fulfill the following conditions: (a) Romanian citizenship were only) and domiciled in Romania;
  

b) have reached the age of 30 years;
  

c) have capacity;
  

d) does not have a criminal record.
  

— — — — — — — — — — — — — — — —) (d) of article 1. 14 was changed from point 12 of article 4. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 15 members of the Economic and Social Council are appointed for a period of 4 years; Members ' term of Office may be renewed.


Article 16 (1) the two sides will submit to the Economic and Social Council the list of members appointed, with at least 30 days before the expiry of the term of a member in the activity.
  

(2) In accordance with the rules of organization and functioning of the Economic and Social Council, the members appointed by the social partners are individually validate after verifying the fulfillment by them of the conditions set out in art. 14. (3) the two sides will appoint new members instead of those which have not been confirmed.
  


Article 17 (1) Economic and Social Council is considered legally constituted at the date on which all the members appointed by the social partners have been confirmed.
  

(2) up to the date of the establishment of a new Economic and Social Council, but not later than 3 months after the termination of the mandate, the Council continues the work previously.
  

(3) the governing body which is competent according to the rules of organization and functioning, with the confirmation of the new members of the Economic and Social Council, would continue working until the formation of the new Council.
  


Article 18 (1) the membership of the Economic and Social Council shall cease in the following situations: (a) the expiry of the term);
  

b) in case of death;
  

c) in the case of resignation;
  

d) in the event that the Economic and Social Council plenary or, where appropriate, employers ' Confederation, trade union or Confederation Government, which appointed him, require revocation;
  

e) where no longer fulfills one of the conditions laid down in article 21. 14 lit. a), c) and (d)).
  

f) in the event that employers ' Trade Union or Confederation Confederation which nominated loses membership organization representative at a national level.
  

(2) the procedure revocarii from membership of the Economic and Social Council is established by the rules of organization and functioning.
  

— — — — — — — — — — — — — — — —) (d) of paragraph 1. (1) of article 1. 18 has been changed from point 13 of article. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.
The letter f) of paragraph 1. (1) of article 1. 18 was introduced by the pct, article 14. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 19 In the situations referred to in article 1. 18 paragraph 1. (1) (a). the Confederation)-e) employers ' Trade Union or Confederation, the Government will, where appropriate, appoint a new appointment which will be sent toward validation according to art. 16.
----------------
Art. 19 was changed from point 15 of article 2. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 20 (1) The structure of the Economic and Social Council specialized committees are permanent or temporary.
  

(2) the permanent specialized commissions are mainly the following: a) the Commission for restructuring and development of the national economy;
  

(b) privatization, Commission) functioning and competitiveness of economic agents;
  

c) Commission for employment relations and policy;
  

d) Commission for social protection and health care;
  

(e) Education Commission), research and culture;
  

f) Committee on monetary policy, financial, tax and revenue.
  

(3) the rules of organization and operation can be established and other specialized committees or permanent specialized commissions some temporary to resolve problems arising in the specific areas of activity.
  

----------------
Alin. (2) of article 9. 20 was amended by paragraph 16 of article. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 21 the number of members of the boards of specialized permanent or temporary Economic and Social Council is of at least 9 people, divided equally between the two sides represented.
----------------
Art. 21 has been changed from point 17 of article. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 22 (1) the members of the boards of specialized permanent or temporary shall be appointed from among persons having the status of members of the Economic and Social Council.
  

(2) may be appointed members of the specialized committees of permanent or temporary Economic and Social Council and other persons than those referred to in paragraph 1. 1. In this case, the procedure for appointing them shall established by rules of organization and operation, in compliance with the conditions laid down for members of the Economic and Social Council.
  


Chapter IV Organization and functioning, the Economic and Social Council Article 23 function of the Economic and Social Council is ensured by: (a) the plenary);
  

b) Executive Office;
  

c) President and two Vice Presidents;
  

d) Secretary general.
  

----------------
Art. 23 was amended by the pct, article 18. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 24 (1) addressed the Economic and Social Council meets monthly in regular sessions.
  

(2) the article meets and in extraordinary, at the request of the Executive or of at least one third of the members.
  


Article 25 (1) the debates in plenary sessions are conducted in the presence of no less than 24 members, provided that each social partner to be represented by at least 8 people.
  

(2) the works are being carried out in the plenary sittings in public except to the extent expressly set out in the Executive Office.
  

--------------
Alin. (1) of article 1. 25 has been amended by section 2 of art. From the EMERGENCY ORDINANCE nr. 41 from June 7, 2006, published in MONITORUL OFICIAL nr. 532 of 20 June 2006.


Article 26 (1) to ensure the General Management addressed the Economic and Social Council and has the following main tasks: to choose the proposal) of the two sides, the President and the Parliament proposes to validate it;
  

b) elect, on a proposal from the social partners, on the two Vice Presidents and the Executive Bureau members;
  

c) lay down the rules of organisation and functioning;
  

d) establishes permanent boards of specialized component;
  

It's own project) approves the budget of revenue and expenditure, as well as the report on the implementation of the budget;
  

f) adopt the draft decisions prepared by the specialized commissions;
  

g) approves the draft normative acts and draft programmes and strategies;
  

h) appoints the Secretary-General of the Economic and Social Council.
  

(2) the powers specified in paragraph 1. (1) may be supplemented by rules of organization and functioning.
  

----------------
Alin. (1) of article 1. 26 was amended by the pct, article 19. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 27 (1) in the exercise of his powers, adopt the decisions of the plenum, usually by consensus of the two sides.
  

(2) where consensus is not achieved, decisions shall be taken by vote, a majority of three-quarters of the members present at the Economic and Social Council.
  

(3) where there is a position to take a decision of plenum under the conditions laid down in paragraph 1. (1) or (2), shall forward the views expressed in the Economic and Social Council the party referred the matter to the compensation body.
  

----------------
Alin. (2) of article 9. Amended 27 of pct article 20. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 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 from each social partner.
  

(1 ^ 1) The functions of the Office of the President, Vice President, respectively, are secured by the rotation of each social partner. For the rotation of the Office of the President shall be carried out in compliance with the duration of each term.

(2) the Executive Office of the Economic and Social Council provide leadership in the interval between meetings of the plenary.
  

(3) the functions and workings of the Executive Office are set out in the rules of organization and functioning of the Economic and Social Council.
  

----------------
Alin. (1 ^ 1), art. 28 was introduced by the pct, article 21. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 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 four years, on proposals from the plenum of the Economic and Social Council, adopted by a majority of three-fourths of the total number of members.
  

(2) the revocation of the President of the Economic and Social Council will be made by Parliament, on a proposal from the Economic and Social Council.
  

----------------
Alin. (1) of article 1. Amended 29 of point 22 of article. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 30 Powers of the President, Vice-Presidents and the Economic and Social Council shall establish its own rules of organization and functioning.


Article 31 the Economic and Social Council President represents the Council in relations with third parties, in accordance with decisions taken in the plenary or in the Executive Office.
----------------

Art. 31 was amended by the pct, article 23. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 32 (1) specialized Committees are structures of the Economic and Social Council that analyzes the problems specific to the areas referred to in article 1. 5 and proposing measures to solve the plenum to them.
  

(2) specialized Committees are headed by a President, appointed by rotation by each partner.
  

(3) the Chairman of the specialized work programme sets out the issues to be discussed.
  


Article 33 the procedure of the standing committees shall be established by the regulation on the organisation and functioning of the Economic and Social Council.


Article 34 (1) The structure of the Economic and Social Council operates a technical secretariat, which is the work of specialized technical and administrative.
  

(2) a technical secretariat of the Economic and Social Council is headed by the Secretary general, the duties of which are determined by the rules of organization and functioning.
  

(3) the Office of general Secretary is incompatible with membership in 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) operation and maintenance costs and capital expenditures, which will be established annually;
  

b) wages of the technical secretariat of the Economic and Social Council, established on the basis of the provisions of Emergency Ordinance of Government No. 33/2001 concerning certain measures relating to the remuneration of public servants and other categories of staff in the budgetary sector and the judicial organs of authority, approved with modifications by the law nr. 386/2001);
  

c) 27 severance pay for members of the Economic and Social Council and for 54 members of the specialized committees, which do not have the status of members of the Economic and Social Council);
  

d payment of annual fees) arising out of the international organizations to which the Economic and Social Council is affiliated.
  

e) contributions by the employer over the amounts representing salary and indemnities paid to persons referred to in subparagraph (a). b) and (c)), in accordance with the regulations in this area.
  

(2) Repealed.
  

(3) other income can consist of donations and contributions of employers and workers, other legal entities and physical persons, unanimously accepted.
  

— — — — — — — — — — — — — —) (d) of paragraph 1. (1) of article 1. 35 it was inserted by section 1 of article in law No. 492 from 1 October 2001, published in MONITORUL OFICIAL nr. 623 of 3 October 2001.
*) B) and (c) of paragraph 1.) (1) of article 1. 35 were modified by paragraph 24 of article. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003. This amendment comes into force, pursuant to article 5. II of law No. 58 of 28 February 2003, from 1 January 2004.
Letter e) of paragraph 2. (1) of article 1. 35 was introduced by the pct, article 25. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.
Paragraphs 1 and 2. (2) of article 9. 35 pct was repealed by article 26. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 36 (1) the structure of the Economic and Social Council is the following: a) expert staff, technical and administrative;
  

b) experts specialized commissions.
  

(2) employees of the technical secretariat of the Economic and Social Council does not have the status of civil servants.
  

--------------
Alin. (2) of article 9. 36 was introduced by the pct, article 27. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 37 (1) for the work of the members of the Council have paid Economic and Social Council and the specialized commissions of permanent and temporary posts are getting a monthly allowance.
  

(2) if the members of the Economic and Social Council or of the commissions specialist permanent or temporary move in the interests of the service, in the country or abroad, as well as in other situations, they are entitled to other sums of money, as established by the rules of organization and functioning, in accordance with the legal provisions.
  


Article 37 ^ 1 (1) For the elaboration of studies in the field of economic and social rights established by the plenary session, the Economic and Social Council can use external collaborators-teachers in higher education, scientific researchers, magistrates or other specialists-based conventions, in accordance with the law.
  

(2) civil Conventions referred to in paragraph 1. (1) ends in writing and shall contain the particulars of the parties, the name or subject of the work is developed, quality conditions that must fulfill the work, its delivery date, amount due to an external collaborator for the work performed, and the method of payment.
  

(3) the amount of the sums due to external collaborators is established through direct negotiation, with regard to the complexity and importance of the work that is going to be developed, and the time required to carry out, without being able to exceed the monthly salary maximum set by law for the position of Councillor degree takes from ministries.
  

(4) payment of external collaborators to Economic and Social Council is made from budgetary appropriations and revenue managed under budget, according to the law.
  

--------------
Art. 37 ^ 1 was introduced by section 2 of article in law No. 492 from 1 October 2001, published in MONITORUL OFICIAL nr. 623 of 3 October 2001.


Article 38 specialized Personnel and administrative and technical work in the Secretariat of the Economic and Social Council and falls under the law.


Article 39 (1) Economic and Social Council shall be entitled to require from any person or company, private or public, and these persons are obliged to transmit, observing the legal norms in force, the data and information necessary to fulfill the duties of the Council.
  

(2) Maintaining and using data and information will be made in compliance with the degree of privacy specified by issuer.
  


Chapter VI final provisions — — — — — — — — — — — — —-head. (VI) has been repealed by article 28 pct. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 40 Repealed.
--------------
Art. 40 pct was repealed by article 28. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 41 Repealed.
--------------
Art. 41 was repealed by article 28 pct. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.


Article 42 Repealed.
--------------
Art. 42 was repealed by article 28 pct. 1 of law No. 58 of 28 February 2003, published in Official Gazette No. 179 of 21 March 2003.
This law was passed by the Senate in session on 17 June 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS this law was adopted by the Chamber of deputies in session of 19 June 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER PRESIDENT ANDREW JOHN CHILIMAN — — — — — — — — — — — — — —