Advanced Search

Law No. 123 Of 19 June 1998 Concerning Acceptance By Romania Of The Constitution Of The International Organisation For Migration

Original Language Title:  LEGE nr. 123 din 19 iunie 1998 privind acceptarea de către România a Constituţiei Organizaţiei Internaţionale pentru Migrari

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 123 123 of 19 June 1998 on the acceptance by Romania of the Constitution of the International Organization for Migration
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 229 229 of 24 June 1998



The Romanian Parliament adopts this law + Article 1 Romania accepts the Constitution of the International Organization for Migration, adopted in Venice on 19 October 1953, with the amendments made on 20 May 1987. + Article 2 The annual contribution of Romania, as a result of the acceptance of the Constitution of the International Organization for Migration, is borne from the state budget, through the Ministry of Interior. This law was adopted by the Senate at the meeting of May 25, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN This law was adopted by the Chamber of Deputies at its meeting on May 25, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN + CONSTITUTION International Organization for Migration *) ------------ Note * *) This text includes in the text of the Constitution of 19 October 1953 of the Intergovernmental Committee on Migrations in Europe (previous name of the organization) amendments adopted on 20 May 1987 and entered into force on 14 November 1989. Translation. PREAMBUL Other Contracting Parties, Recalling the Resolution adopted on 5 December 1951 by the Brussels Migration Conference, recognising: that the international provision of migration services is often required in order to ensure the smooth running of migratory movements in the world and to facilitate, under the most favourable conditions, the establishment and integration of migrants in the economic and social structure of the receiving country; that similar migration services may also be necessary during temporary migration, migration for the purpose of return to a previously deserted area and intra-regional migration; that international migration also includes the migration of refugees, displaced persons and other forced persons to leave their country and who need international migration services; that it is important to promote the cooperation of states and international organizations in order to facilitate the emigration of people who wish to migrate to countries where they can secure their livelihoods from the service obtained and where they can have, with their families, a dignified existence, in the spirit of respect for the human person; that migration can stimulate the creation of new economic activities in reception countries and that there is a relationship between migration and economic, social and cultural conditions in developing countries; that the needs of developing countries should be taken into account in cooperation and other international activities relating to migration; that it is important to promote the cooperation of states and international governmental and non-governmental organizations on research and consultation on migration issues both in terms of the migration process and the situation and the specific needs of the migrant, as a human being; that the movement of migrants must, as far as possible, be carried out through regular transport services and that in certain circumstances it is necessary to resort to additional or other facilities; that there must be between states, international governmental and non-governmental organisations a close cooperation and coordination on migration and refugee issues; that international funding of international migration-related activities is necessary, establish the International Organization for Migration, hereinafter referred to as the Organization, and accept this Constitution. + Chapter 1 Objectives and functions + Article 1 1 the objectives and functions of the Organization are: a) to take all necessary measures in order to ensure the organized transfer of migrants for whom the existing facilities are inadequate or otherwise would not be able to leave without special assistance to the countries offering possibilities of orderly migration; b) to deal with the organized transfer of refugees, displaced persons and other persons in need of international migration services, for which arrangements can be concluded between the Organization and the interested states, including those who undertake to receive them; c) to provide, at the request and with the agreement of the interested States, migration services, such as: recruitment, selection, preparation for migration, language courses, orientation activities, medical examinations, placement activities, activities that facilitate reception and integration, consulting services on migration issues, as well as any other assistance, in line with the purposes of the Organization; d) to provide similar services, at the request of the States or in cooperation with other international organisations concerned, for voluntary migration to a previously deserted area, including for free repatriation; e) to provide States, as well as international organisations and other organisations with a forum in which they exchange ideas and experience, to promote cooperation and coordination of efforts in the field of international migration, including to carry out studies on such problems, in order to find practical solutions. 2. In carrying out its functions, the Organization cooperates closely with international governmental and non-governmental organizations, concerned with the problems of migration, refugees and human resources, with the view, among other things, of facilitation coordination of international activities in these areas. This cooperation will be exercised in mutual respect of the competences of the organisations concerned 3. The organization recognizes that the admission criteria and the number of immigrants to be admitted are issues related to the national competence of the states and that, in carrying out its functions, it complies with laws and regulations, as well as Policy of States + Chapter 2 Members + Article 2 Have the membership of the Organization: a) States which, being members of the Organization, have accepted the present Constitution in accordance with art. 34 34 or to which the provisions of art. 35 35; b) the other states that have shown the interest they show in relation to the principle of free movement of persons and who commit at least to the expenses of the Organization, with a financial contribution whose amount will be be agreed between the Council and the State concerned, subject to a decision of the Council, taken by a majority of two thirds, and the acceptance by them of this Constitution. + Article 3 Any Member State may notify its withdrawal from the Organization, with effect at the end of the annual financial year. This notification shall be made in writing and must be made by the Director-General of the Organization at least 4 months before the end of the financial year. The financial obligations to the Organisation of the Member State which has notified its withdrawal shall apply to the full financial year during which the notification was made. + Article 4 1. If a Member State fails to meet its financial obligations to the Organization for two consecutive financial years, the Council may, by a decision taken by a two-thirds majority, suspend its right to vote, as well as all or a part of the services of which this Member State benefits. The Council has the authority to restore this right to vote and these services by a decision taken by a simple majority of votes. 2. Any Member State may be suspended from its membership by a decision of the Council, taken by a majority of two thirds, if it consistently violates the principles of this Constitution. The Council has the authority to restore that membership by a simple majority decision. + Chapter 3 Organs + Article 5 The Organization's organs are a) Council; b) Executive Board; c) Administration. + Chapter 4 Council + Article 6 The functions of the Council, apart from those indicated in other provisions of this Constitution, consist of: a) decision of the Organization; b) study of reports, approval and management of the Executive Board management; c) study reports, approval and management of the general manager's management; d) study and approval of the programme, budget, expenditure and accounts of the Organization; e) taking all measures to achieve the objectives of the Organization. + Article 7 1 Council shall be composed of representatives of the Member States. 2. Each Member State shall designate one representative, as well as the alternates and advisers it considers necessary. 3. Each Member State shall have one vote in the Council. + Article 8 The Council may, at their request, admit non-Member States and international governmental or non-governmental organisations dealing with migration, refugee or human resources issues, as observers at its meetings, conditions that may be laid down in its rules of operation. Such observers will not have the right to vote. + Article 9 1. The Council shall meet in ordinary session once a year. 2. The Council shall meet in extraordinary session at the request of: a) a third of its members; b) Executive Board; c) to the Director-General or the President of the Council, 3. At the beginning of each ordinary session, the Council shall elect a President and the other members of the Office, whose term of office shall be one year. + Article 10 The Council may create any subcommittee necessary to perform its functions. + Article 11 The Council shall adopt its operating rules. + Chapter 5 Executive Board + Article 12 The functions of the Executive Board consist a) the examination and review of the policy, programmes and activities of the Organization, the annual reports of the Director-General and any special reports; b) the examination of all financial or budgetary matters falling within the competence of the Council; c) the analysis of any particular problem presented to it by the Council, including the revision of the budget and the taking of the measures it deems necessary in that direction; d) advising the Director-General on any issue that he may be subject to attention; e) taking, between the sessions of the Council, any urgent decision on matters falling within the competence of the Council, decisions which will be subject to the latter's approval in the course of its next session; f) presentation of opinions or proposals, on their own initiative, to the Council or to the Director g) the submission to the Council of the reports and, where appropriate, of the recommendations on the issues examined + Article 13 1. The Executive Board shall be composed of representatives of nine Member States. This number may be increased by a decision of the Council, taken by a majority of two thirds, without it exceeding a trime of the total number of members of the Organization. 2. These Member States shall be elected by the Council for a period of 2 years and shall be reeligible. 3. Each member of the Executive Board shall designate a representative, as well as the alternates and advisers he considers necessary. 4. Each member of the Executive Board shall have one vote. + Article 14 1. The Executive Board shall meet at least once a year. It shall meet, if necessary, to exercise its functions at the request of: a) its chairman; b) Council; c) to the Director-General, after consulting the President d) most of its members. 2. The Executive Board shall elect from the ranks of its members a Chairperson and a Vice-Chair, whose term of office shall be + Article 15 The Executive Board may, subject to any review by the Council, create any subcommittee necessary to carry out its functions. + Article 16 The Executive Board shall adopt its Rules of Procedure + Chapter 6 Administration + Article 17 The Administration shall comprise a Director-General, a Deputy Director-General and the Staff established by the Council. + Article 18 1. The Director General and the Deputy Director-General shall be elected by the Council by a majority of two thirds and may be re-elected. The duration of their mandate will normally be 5 years, but in exceptional cases it will be possible to reduce if this is decided by the Council by a two-thirds majority. They shall perform their functions on the terms of contracts approved by the Council and signed, on behalf of the Organization, by the President 2. The Director-General shall be accountable to the Council and the Executive Board. He shall administer and conduct the services of the Organization in accordance with this Constitution, with general policy and decisions of the Council and of the executive, as well as the regulations adopted by them. It formulates proposals for the adoption of measures by the Council. + Article 19 The Director General shall appoint the staff of the Administration in accordance with the Staff Regulations adopted by the + Article 20 1. In the performance of their duties, the Director-General, the Deputy Director-General and the staff shall not require or accept instructions from any State or any authority outside the Organization. They must refrain from any act incompatible with their status as an international official. 2. Each Member State shall undertake to respect the exclusively international character of the functions of the Director-General, the Deputy Director-General and the Staff and not to attempt to influence them in the performance of their mission 3. For the recruitment and employment of personnel, capacity, competence and integrity must be considered as primary conditions; except for special circumstances, staff must be recruited from among the citizens of the Member States of the Organization, taking into account the principle of equitable geographical distribution. + Article 21 The Director-General shall participate or shall be represented by the Deputy Director-General or by another official designated at all sessions of the Council, the Executive Board and the Sub-Committees. The Director-General or his designated representative may take part in the debates without voting rights. + Article 22 During the regular session of the Council, which takes place at the end of each financial year, the Director-General shall submit to the Council, through the Executive Board, a report on the work of the Organization, presenting a full report on its activities during the previous year. + Chapter 7 Headquarters + Article 23 1. The organization is based in Geneva. The Council may decide, by a vote of two-thirds majority, to transfer the seat to another place. 2 2. The meetings of the Council and the Executive Board shall take place in Geneva, unless two thirds of the members of the Council or the Executive Committee have decided to meet elsewhere. + Chapter 8 Finance + Article 24 The Director-General shall submit to the Council, through the Executive Board, an annual budget comprising the expenditure of administration and those for operations, the planned receipts, additional provisions in case of necessity, and the accounts annual or special of the Organization. + Article 25 1. The resources necessary for the expenses of the Organization are: a) as regards the administrative part of the budget, from the cash contributions of the Member States, to be paid without delay at the beginning of the financial year to which it relates; b) in respect of the part of the budget relating to operations, from contributions in cash, in kind or in the form of services of Member States, other States, international, governmental or non-governmental organisations, of other legal entities or individuals, contributions to be paid as soon as possible and in their entirety before the expiry of the financial year to which they relate. 2. Any Member State shall pay to the administrative part of the budget of the Organization a contribution the amount of which will be agreed between the Council and the Member State concerned. 3 3. Contributions to expenses for operations of the Organization are voluntary and any participant in the part of the budget relating to operations may agree with the Organization the terms and conditions of use of contributions, in accordance with its objectives and functions. 4. a) The expenses of administration at the headquarters of the Organization and all other administrative expenses, except those carried out in order to carry out the functions mentioned in 1 lit. c) and d) of art. 1, will be provided from the administrative part of the budget. b) The expenses for operations, as well as the administrative expenses incurred in order to carry out the functions mentioned 1 lit. c) and d) of art. 1 will be provided from the part of the budget relating to operations. 5. The Council will ensure that administrative management is ensured in an efficient and economic manner. + Article 26 The Council establishes a financial regulation. + Chapter 9 Legal status + Article 27 The organization has legal personality. It benefits from the legal capacity required for the exercise of functions and for the achievement of its objectives and, in particular, the capacity, according to the laws of the state: a) to contract; b) to obtain movable and immovable property and to dispose of they; c) to receive and spend public and private funds; d) to stay in the judiciary. + Article 28 1. The organization will benefit from the privileges and immunities that are necessary for the exercise of functions and for the achievement of its objectives. 2. Representatives of the Member States, the Director-General, the Deputy Director-General and the Staff of the Administration and shall also enjoy the privileges and immunities necessary for the free exercise of their functions in relation to the Organization. 3. These privileges and immunities will be defined in the agreements between the Organization and the interested states or by other measures taken by these states. + Chapter 10 Various provisions + Article 29 1. To the extent that it was not otherwise disposed in the presence of the Constitution or in the regulations established by the Council or the Executive Board, all decisions of the Council, the Executive Board and all subcommittees shall be taken by a simple majority of votes. 2. The majorities referred to in the provisions of this Constitution or of the regulations established by the Council or by the Executive Board shall be reported to the members present and voters. 3. A vote shall not be valid unless the majority of the members of the Council, the Executive Board or the interested subcommittee is present. + Article 30 1. The texts of the amendments proposed to this Constitution will be communicated by the Director-General to the Governments of the Member States at least 3 months before they are examined by the Council. 2 2. Amendments shall enter into force after having been adopted by two thirds of the number of members of the Council and accepted by two thirds of the number of Member States, in accordance with those constitutional rules, however, that amendments that attract new obligations for members will not enter into force for a given member unless they have accepted these amendments. + Article 31 Any dispute over the interpretation and application of this Constitution, which was not regulated by way of negotiations or by a decision of the Council, taken by a two-thirds majority, will be subject to the International Court of Justice, in compliance with its statutes, except where Member States establish a different regulatory mode within a reasonable time frame. + Article 32 Subject to approval by two thirds of the number of members of the Council, the Organization may take over from any other international organization or institution whose objectives correspond to those of the Organization's activities, resources and obligations that would could be established by an international agreement or an arrangement agreed between the competent authorities of those organisations. + Article 33 The Council may, by a decision taken by a majority of three-fourths of its members, pronounce the dissolution of the Organization. + Article 34 *) This Articles of Association will enter into force for the Member Governments of the Intergovernmental Committee on Migrations in Europe which accepted it, in accordance with their respective constitutional rules, on the day of the first meeting of the said Committee, after: a) at least two thirds of the members of the Committee; and b) a number of members who have shed at least 75% of the contributions to the administrative part of the budget have notified the Director of their acceptance of the said act. + Article 35 *) Member Governments of the Intergovernmental Committee on Migrations in Europe, which, on the date of entry into force of this Articles of Association, have not notified the Director of their acceptance of the said Act, may remain members of the Committee for a year with effect from that date, if they make a contribution to the costs of the Board in accordance with the terms of paragraph 1. 2 2 of art. 25; they retain during this period the right to accept the articles of association. + Article 36 The texts in the French, English and Spanish languages of the present Constitution shall be considered, equally, authentic. ----------- Note * *) Articles 34 and 35 were implemented at the time of the entry into force of the Constitution on November 30, 1954. ----------