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Law No. 55 Of 2 March 1998

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

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LEGE no. 55 55 of 2 March 1998 on approval Government Emergency Ordinance no. 41/1997 to amend and supplement Decree-Law no. 118/1990 on the granting of rights to persons persecuted for political reasons of dictatorship established with effect from 6 March 1945, as well as those deported abroad or constituted in prisoners
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 107 107 of 9 March 1998



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 41 41 of 10 July 1997 to amend and supplement Decree-Law no. 118/1990 on the granting of rights to persons persecuted for political reasons of dictatorship established with effect from 6 March 1945, as well as those deported abroad or constituted in prisoners, published in the Official Gazette of Romania, Part I, no. 153 of 14 July 1997, with the following amendments and additions: 1. Article I, the introductory formula, shall read as follows: " Art. I.-Decree-Law no. 118/1990 on the granting of rights to persons persecuted for political reasons of dictatorship established with effect from 6 March 1945, as well as those deported abroad or constituted in prisoners, republished in the Official Gazette of Romania, Part I, no. 209 of 3 September 1996, shall be amended and supplemented as follows: " 2. In Article I, point 1 becomes point 2 and Article 3 of the Decree-Law no. 118/1990 will have the following contents: "" Art. 3. -(1) Persons who have been in the situations referred to in art. 1 1 para. ((1) lit. a), b) and e) and para. (2) have the right, with effect from August 1, 1997, to a monthly allowance of 60,000 lei for each year of detention, displacement in other localities, deportation abroad or prisoner, whether or not they are retired. (2) Persons who have been in one of the situations referred to in art. 1 1 para. ((1) lit. c) and d) have the right, with effect from August 1, 1997, to a monthly allowance of 30,000 lei for each year of abusive admission to psychiatric hospitals, of mandatory domicile, whether or not they are retired. (3) Depending on the evolution of prices and tariffs, the allowances provided in par. (1) and (2) shall be updated by Government decision, with the indexations applied to pensions and other state social insurance rights. " 3. in Article I, point 2 shall become point 3, and in Article 4, paragraphs 1 and 2 of Decree-Law no. 118/1990 will have the following contents: "" Art. 4. -(1) The husband (wife) of the deceased, of the category of those missing or exterminated during detention, improperly hospitalized in psychiatric hospitals, deported or prisoners, is entitled to a monthly allowance of 60,000 lei non-taxable, if, subsequently, no He remarried. (2) The same rights benefit the husband (wife) of the one who died after leaving prison, from the psychiatric hospital, after returning from deportation or from the prisoner, if, subsequently, he did not remarry. " 4. In Article I, paragraph 4 is inserted, a paragraph of Article 4 of the Decree-Law no. 118/1990 ,, with the following contents: " (4) Benefit from the allowance provided in par. (1) and the husband (wife) of the deceased under the conditions provided for in the preceding paragraphs and who, for reasons of survival, was forced to divorce the imprisoned, deported, prisoner or displaced, if he did not remarry and can prove that he cohabited with the victim until her death. " 5. In Article I, a new point shall be inserted as point 5 and Article 6 of the Decree-Law no. 118/1990 will have the following contents: "" Art. 6. -(1) Persons in one of the situations referred to in art. 1 are exempt from paying local taxes and fees, as well as paying the tax on salary. (2) Also, persons in one of the situations referred to in art. 1 will benefit from the following rights: a) medical assistance and medicines, free of charge and priority, both in outpatient treatment and during hospitalizations; b) free urban transport by public transport belonging to units with state capital (bus, trolleybus, tram, metro); c) six free round trips, annually, by the Romanian railway, with first class; d) six free round trips, annually, with the means of car transport or, as the case may be, with river means, from the locality of domicile to the county seat, for persons who do not have the possibility to travel by rail; e) one ticket per year, free of charge, for treatment in a spa resort; f) exemption from payment of subscription fees for radio and television; g) priority to the installation of a telephone station, as well as exemption from payment of subscription fee; h) granting, on request, free of charge, of a final place. (3) The rights provided in par. (2) the persons referred to in art. 4 4. " 6. in Article I, point (6) is inserted after point (6) and Article 7 of Decree-Law no. 118/1990 will have the following contents: "" Art. 7. -Persons provided in art. 1 1 benefits from: a) priority to the distribution by local councils of a dwelling from the state housing fund; b) priority to the granting, through the C.E.C. units, of advantageous credits for the purchase, construction or repair of personal property; the granting of the credit will be made under the conditions provided by the Housing Law no. 114/1996 114/1996. " 7. in Article I, point 3 becomes paragraph 7 and Article 10 of the Decree-Law no. 118/1990 will have the following contents: "" Art. 10. -(1) Proof the situations provided in art. 1 is made, by interested persons, with official documents issued by the competent bodies, and if it is not possible, by any means of evidence provided by law. (2) The provisions of art. 1-7 shall apply, as the case may be, by the heads of the units to which those concerned are assigned, by the general directions of work and social protection or by the local councils, on the basis of the decisions of the commissions for the application Decree-Law no. 118/1990 ,, issued until 31 July 1997. (3) After the date provided in par. (2), the applications for the establishment of the rights provided by this decree-law shall be submitted to the general directions of work and social protection (4) The bodies referred to in par. ((3) are obliged to rule on applications within 30 days, by a reasoned decision. (5) Against the decision the interested person may appeal according to the Law of Administrative Litigation no. 29/1990 29/1990. " 8. in Article I, point 8 is inserted after point 8 and Article 11 of the Decree-Law no. 118/1990 will have the following contents: "" Art. 11. -Persons who provide proof, by judicial decision of finding, that they were unable to exercise their profession or, as the case may be, occupation during the period in which they were persecuted or pursued for political reasons benefit from seniority during the period in which they were in such a situation. " 9. in Article I, point 9 is inserted, and after Article 11 of the Decree-Law no. 118/1990 the following Article 11 ^ 1 is inserted: "" Art. 11 11 ^ 1. -The provisions of this decree-law also benefit persons persecuted for political reasons as a result of participation in the anti-communist uprising in Brasov on November 15, 1987. " 10. in Article I, point 4 becomes paragraph 10 and Article 12 of Decree-Law no. 118/1990 will have the following contents: "" Art. 12. -(1) It benefits from the provisions of this decree-law and Romanian citizens residing abroad. (2) The establishment and payment of these rights shall be made by the general directorates of labor and social protection, in consultation, as the case may be, of the county branches of the Association of Former Political Prisoners in Romania. (3) The general departments of labor and social protection are obliged to rule on the application for the acquisition of the rights provided for by this decree-law, within 30 days, by a reasoned decision. (4) Against the decision the interested person may appeal according to the Law of Administrative Litigation no. 29/1990 29/1990. (5) The rights of persons provided in par. (1) shall be paid to the holder or trustee designated by him by special proxy for the collection of the respective rights or, at the request of the holder, shall be deposited in the personal account opened at the C.E.C. or at another banking institution with which the Ministry Labour and Social Protection has concluded in this respect the Convention. " 11. In Article I, point 5 shall become paragraph 11. 12. In Article I, point 6 becomes paragraph 12 and Article 14 ^ 1 of Decree-Law no. 118/1990 will have the following contents: "" Art. 14 14 ^ 1. -(1) General work and social protection departments, when referred to or on their own initiative, shall verify the legality of the rights granted to the beneficiaries of this decree-law until the date of publication Government Emergency Ordinance no. 41/1997 in the Official Gazette of Romania. (2) If violations of the legal provisions are found, a review decision will be issued. (3) Against the revision decision issued under the conditions of par. (1) and (2), the interested person may introduce an appeal, under the terms of the Law on Administrative Litigation no. 29/1990 29/1990. " 13. in Article I, point 7 becomes paragraph 13 and Article 18 of the Decree-Law no. 118/1990 will have the following contents: "" Art. 18. -The rights provided for in this decree-law shall be granted from the 1st of the month following the application. " 14. In Article I, point 8 shall become paragraph 14. 15. Article II shall read as follows: " Art. II. -Articles 8, 9, 13, 15, 16 and 17 of Legislative Decree no. 118/1990 shall be repealed on the date of entry into force of this Emergency Ordinance. " This law was adopted by the Chamber of Deputies and the Senate in the joint meeting of 19 February 1998, in compliance with the provisions of art. 74 74 para. ((2) and art. 76 76 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN p. SENATE PRESIDENT CRISTIAN DUMITRESCU -------------