Law No. 55 Of 2 March 1998

Original Language Title:  LEGE nr. 55 din 2 martie 1998

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Law No. 55 of 2 March 1998 on approval of the Emergency Ordinance of Government No. 41/1997 on the amendment of the Decree-Law nr. 118/1990 concerning granting rights to persons persecuted for political reasons of dictatorship — established with effect from 6 March 1945, and those deported abroad times company formed in prisoners published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 107 of 9 March 1998 Parliament adopts this law.


The sole article approving Government Emergency Ordinance nr. 41 of 10 July 1997 amending and supplementing Decree-Law No. 118/1990 concerning granting rights to persons persecuted for political reasons of dictatorship — established with effect from 6 March 1945, and those deported abroad times company formed in prisoners, published in the Official Gazette of Romania, part I, no. 153 of 14 July 1997, with the following amendments: 1. Article I, the introductory formula, shall read as follows: Art. -Decree-Law No. 118/1990 concerning granting rights to persons persecuted for political reasons of dictatorship — established with effect from 6 March 1945, and those deported abroad times company formed in prisoners, republished in the Official Gazette of Romania, part I, no. 209 of 3 September 1996, alter and is supplemented as follows: "2. In article I, paragraph 1, and paragraph 2 becomes article 3 of Decree-Law No. 118/1990 shall read as follows: Art. 3.-(1) persons who have been in the situations referred to in article 1. 1 (1). (1) (a). a), b) and e), and paragraph 2. (2) shall be entitled, as from 1 august 1997, a monthly allowance of 60,000 lei per year of detention, resettlement in other townships, deportation or imprisonment abroad, whether they are or are not receiving pensions.

(2) persons who have been in one of the situations referred to in article 1. 1 (1). (1) (a). c) and (d)) shall be entitled, as from 1 august 1997, a monthly allowance of 30,000 lei per year of inpatient hospital psychiatric abuse, arrest, whether or not they are receiving pensions.
  

(3) depending on the evolution of prices and tariffs, the allowances referred to in paragraphs 1 and 2. (1) and (2) shall be updated by means of a decree of the Government, together with the indexarile pensions and other applied social insurance rights. "
  

3. In article I, section 2 becomes point 3, and article 4, paragraphs (1) and (2) of Decree-Law No. 118/1990 shall read as follows: "Art. 4.-(1) the spouse (wife) of the deceased, the category of the missing or exterminated during detention, admitted misusing in psychiatric hospitals, deported or prisoners, is entitled to a monthly allowance of 60,000 lei non-taxable ceiling, if not subsequently remarried.

(2) the same rights benefits from the husband (wife) one who died after leaving the prison, psychiatric hospital, after returning from deportation or imprisonment from, if not subsequently remarried. "
  

4. In article I is inserted as paragraph 4, point a article 4 of Decree-Law No. 118/1990, with the following contents: "(4) the receipt of the allowance provided for in paragraph 1. (1) and husband (wife) of the deceased under the conditions referred to in the previous paragraphs and which, for reasons of survival, has been forced to divorce at closed, deported, or prisoner exactly, if not remarried and can furnish proof that the victim lived up to its demise. "
5. In article I, a new point is inserted as point 5, and article 6 of Decree-Law No. 118/1990 shall read as follows: Art. 6.-(1) persons in one of the situations referred to in article 1. 1 are exempt from paying local taxes and fees, and the payment of tax on wages.

(2) persons in one of the situations referred to in article 1. 1 will have the following rights: a) medical care and medications free of charge and on a priority both in the outpatient and during spitalizarilor;
  

b) urban transport with public transport means belonging to state-owned units (bus, trolleybus, tram, Metro);
  

c) six free round-trip journeys annually on Romanian railways, with class I;
  

d) six round-trip voyages, annually, by public transportation or, where appropriate, with river at the locality of home county residence, for people who don't have the opportunity to travel by rail;
  

e) a ticket a year, free of charge, for treatment in a health resort;
  

(f) exemption from payment of taxes) for subscription radio and tv;
  

g) priority installation of a telephone, as well as exemption from payment of the subscription fee;
  

h) grant, upon request, free of charge, of a burial place.
  

(3) the rights specified in paragraph 2. (2) benefit individuals referred to art. 4."
  

6. In article I, section 5 shall be inserted after paragraph 6, and article 7 of Decree-Law No. 118/1990 shall read as follows: Art. 7.-the persons referred to in article. 1 receive: a) priority allocation by local councils of a housing from the State housing stock;
  

b the granting, priority) by C.E.C., units, loans for the purchase, construction or repair of private housing; the granting of the loan will be made under the conditions provided for by the law of housing no. 114/1996. "
  

7. In article I, section 3, point 7 becomes, and article 10 of Decree-Law No. 118/1990 shall read as follows: Art. 10.-(1) proof of the situations referred to in article 1. 1 shall be made by the persons concerned with official documents issued by the competent authorities, and where this is not possible, by any means of the sample provided by the law.

(2) the provisions of art. 1 to 7 shall be applied, where applicable, the management of the units to which they are assigned the case, by the General Directorates of labour and social security or by local councils, on the basis of decisions of the boards for the application of Decree-Law No. 118/1990, issued on 31 July 1997.
  

(3) After the date mentioned in paragraph 1. (2) applications for the establishment of the rights provided for in this decree-law shall be submitted to the Directorates General for employment and social protection.
  

(4) the bodies referred to in paragraph 1. (3) are required to adjudicate claims within 30 days, by means of a reasoned decision.
  

(5) against the decision of the person concerned can make the opposition according to the law on administrative courts no. 29/1990. "
  

8. In article I, section 7 is inserted after paragraph 8, and article 11 of Decree-Law No. 118/1990 shall read as follows: Art. 11.-persons who provide proof, by court order, finding that they were unable to exercise their profession or occupation, as applicable, for the period in which they were persecuted or pursued for political reasons shall be eligible for the work during the period in which they found themselves in such a situation. "
9. In article I shall be inserted after paragraph 9, and article 11 of Decree-Law No. 118/1990 is inserted in article 11 ^ 1 with the following content: "Art. 11 ^ 1. -The provisions of this Decree-Law also benefit persons persecuted for political reasons as a result of participation in the anticommunist Uprising from Braşov on 15 November 1987. "
10. In article I, section 4 shall become item 10, and of article 12 of Decree-Law No. 118/1990 shall read as follows: Art. 12. — (1) can the provisions of this decree-law and Romanian citizens domiciled abroad.

(2) the establishment and payment of such duties are carried out by the Directorates-General for employment and social protection, in consultation with, as appropriate, of the branch offices of the County Association of former political prisoners from Romania.
  

(3) General Directions of work and social protection are required to rule on the request for acquisition of the rights provided for in this decree-law shall, within 30 days, by means of a reasoned decision.
  

(4) against the decision to the person concerned may make the opposition according to the law on administrative courts no. 29/1990.
  

(5) the rights of persons referred to in paragraph 1. (1) shall be paid to the holder or trustee appointed by it through purchase and receipt of special rights or, at the request of the holder, shall be deposited in the account opened at C.E.C. or at another banking institution with which the Ministry of labour and social welfare has concluded in this respect. "
  

11. In article I, section 5 shall become item 11.
12. In article I, section 6 becomes paragraph 12, and article 14 ^ 1 of Decree-Law No. 118/1990 shall read as follows: Art. 14 ^ 1. -(1) General departments of labour and social protection when they are exercised, or on its own initiative, will check the legality of rights granted to beneficiaries of this decree-law until the publication of the Government Emergency Ordinance nr. 41/1997 in the Official Gazette of Romania.

(2) where it finds violations of the legal provisions, it will issue a decision.
  

(3) against the decision of the review under the terms of paragraph 11 of resolution issued (1) and (2), a person may enter the opposition, in accordance with the law on administrative courts no. 29/1990. "
  

13. In article I, section 7, and shall become item 13 article 18 of Decree-Law No. 118/1990 shall read as follows: Art. 18.-the rights provided for in this decree-law shall be granted as from 1 to the month following filing. "
14. In article I, section 8 shall become item 14.
15. Article II shall read as follows: Art. II. Articles 8, 9, 13, 15, 16 and 17 of Decree-Law No. 118/1990 is repealed from the date of entry into force of this emergency Ordinance. "

This law was adopted by the Chamber of Deputies and the Senate sitting in the commune of 19 February 1998, in compliance with the provisions of art. 74 para. (2) and of article 23. 76 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN p. SENATE CRISTIAN DUMITRESCU-------------