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Law No. 104 Of 11 June 1999 On Approval Of The Government Ordinance. 9/1997 And Ordinance No. 56/1997

Original Language Title:  LEGE nr. 104 din 11 iunie 1999 privind aprobarea Ordonanţei Guvernului nr. 9/1997 şi a Ordonanţei Guvernului nr. 56/1997

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LEGE no. 104 104 of 11 June 1999 on approval Government Ordinance no. 9/1997 and a Government Ordinance no. 56/1997
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 273 273 of 16 June 1999



The Romanian Parliament adopts this law + Article UNIC The following Government ordinances, issued under the art. 1 lit. j) of Law no. 134/1997 for the empowerment of the Government to issue ordinances: I. Government Ordinance no. 9 9 of 28 July 1997 to amend and supplement Law no. 50/1996 on the salary and other rights of the staff in the bodies of the judicial authority, published in the Official Gazette of Romania, Part I, no. 177 of 30 July 1997, with the following amendments and additions: 1. In Article I, point 1, Article 1 shall read as follows: "" Art. 1. -Salarization of magistrates and staff in the courts and prosecutors ' offices is made taking into account the role, liability, complexity, character of justice of power in the state, training and professional competence, as well as incompatibilities and prohibitions provided by the Constitution and Law no. 92/1992 for the judicial organization, republished, for magistrates. " 2. In Article I, point 3, Article 3 (1) shall read as follows: "" Art. 3. -(1) The advancement of magistrates in office is made under the conditions provided by Law no. 92/1992 for the judicial organization, republished, on the basis of examination. The organization and conduct of the exam is established by regulation approved by the Minister of Justice, with the opinion of the Superior Council of Magistracy. " 3. In Article I, point 11, Article 8 shall read as follows: "" Art. 8. -Prosecutors who carry out surveillance of criminal prosecution benefit from a 20% increase in gross basic salary, and prosecutors who carry out their own criminal prosecution benefit from a 25% increase in gross basic salary. " 4. In Article I, point 13, Article 9 ^ 3 shall be repealed. 5. In Article I, point 15 shall read as follows: "" 15. In Article 10, after paragraph 2, paragraph 3 is inserted as follows: Lt; (3) Provisions of para. (1) and (2) are also applicable to magistrates who benefit from a service pension, according to Law no. 92/1992 for the judicial organization, republished. gt; gt; ' 6. in Article I, after point 17, point 17 ^ 1 is inserted as follows: "" 17 ^ 1. In Article 16, after paragraph 2, paragraph 3 is inserted as follows: Lt; (3) The specialized auxiliary staff referred to in par. (1) benefit from stability increase under the conditions of art. 5 5, which shall apply accordingly. gt; gt; ' 7. In Article I, paragraph 19, paragraphs 2 and 3 of Article 17 shall read as follows: " (2) Grefiers benefit from the indemnity of the court hearing under the conditions of art. 9 9, which shall apply accordingly. These provisions also benefit the Registrar-typists, if they participate in the place of clerks in court hearings. ((3) The clerks who participate in the acts on the procedure of judicial reorganization and bankruptcy, of the acts of real estate publicity, of the acts of the commission for citizenship, as well as those who are secretaries of the commission for the research of wealth benefit from the allowance provided for in art. 13 13 para. ((1), which shall apply accordingly. The same allowance also benefits the land registry leaders. " 8. in Article I, point 20, Article 19 shall be repealed. 9. in Article I, after point 20, point 20 ^ 1 is inserted as follows: "" 20 ^ 1. After Article 21, Article 21 ^ 1 is inserted as follows: Lt; Art. 21 21 ^ 1. -(1) Forensic experts benefit from stability increase under the conditions of art. 5 5, which shall apply accordingly. (2) Forensic experts who possess the scientific title of doctor or doctor docent benefit from a 15% increase in gross basic salary. gt; gt; ' 10. In Article I, point 23, Article 23 shall read as follows: "" Art. 23. -Military personnel from the Ministry of Justice with powers of coordination and control of prison activity, as well as military personnel from the General Directorate of Prisons, from the units subordinated to it, from the Medical Department and from the Independent Protection and Anti-Corruption Service is salarized according to the legal provisions applicable to military personnel in the Ministry of Interior 11. In Article I, point 24, Article 25 shall read as follows: "" Art. 25. -The staff of the Ministry of Justice with powers of coordination and control of the prison activity and of the independent protection and anti-corruption service, as well as the staff of this service, within the General Directorate of Prisons, from units subordinated to it and from the Medical Department benefit from bonuses and other salary rights for activities that require very high mental strain or that take place in special working conditions. The categories of staff, jobs, the concrete size of the bonuses and the conditions for granting them are set out in Annexes no. 6 6 and 7. " 12. In Article I, point 32, Article 42 ^ 1 shall read as follows: "" Art. 42 42 ^ 1. -For risk and overuse neuropsychiatric magistrates, as well as specialized auxiliary staff benefit from an increase of 50% to the monthly gross basic salary. " 13. Article I, after point 32, insert point 32 ^ 1 with the following contents: "" 32 ^ 1. In Article 43, after paragraph 3, paragraph 4 is inserted as follows: Lt; (4) Forensic experts benefit from the risk increase and neuropsychiatric overuse under the conditions of art. 42 42 ^ 1. Provisions of para. ((1)-(3) shall not apply to forensic experts. gt; gt; ' 14. in Article I, points 36 ^ 1 and 36 ^ 2 are inserted after point 36: "" 36 ^ 1. Article 51 shall be completed, after paragraph 1, with paragraph 2 with the following contents: Lieutenant; (2) Military magistrates can opt between the service pension established under the terms of Law no. 92/1992 for the judicial organization, republished, and the military service pension, being able to benefit from the more favorable legal provisions. gt; gt; ' 36 36 ^ 2. Article 52 will read as follows: Lt; Art. 52. -(1) Financial judges, financial prosecutors, financial judges inspectors, financial prosecutors inspectors, assistant magistrates as well as auxiliary staff related to the jurisdictional activity of the Court of Auditors benefit from salary increases provided for magistrates and specialized auxiliary staff in this law. (2) The financial controllers shall benefit from the stability increase in relation to the actual age in economic specialized functions and financial control, the increase in the scientific title of doctor or doctor docent, as well as the risk increase and neuropsychiatric overuse. gt; gt; ' 15. In Article I, paragraph 38, Article 56 ^ 1 shall be repealed. 16. In Article I, paragraph 41 is inserted after point 41 (1) with the following contents: "" 41 ^ 1. In Annex no. 4-Coefficients of ranking of basic salaries and driving allowances for staff of forensic expertise laboratories-, letter A will have the following contents: "" " A. Specialized execution functions No. The level of the studiesCoefficient of ranking of basic salaries gradationMinimum value in specialty 1234 1.Criminalist expert IS5,455,555,655,7510 years 2.IIS5,005,105,205,307 years. Grade IIIS4,504,604,704,804 years 4.Assistant forens3,603,804,00-1 year 5.Assistant forensic assistant S2,50 ---- "" 17. In Article I, paragraph 43, Note to Annex no. 4, point 1 ^ 1 will read as follows: "" 1 ^ 1. At the Central Laboratory of Forensic Expertise and at the Prosecutor's Office of the Supreme Court of Justice the basic salaries for the specialized auxiliary staff provided in lett. B are higher by 7%. " 18. In Article I, paragraph 46 shall read as follows: "" 46. Annex no. 6 is entitled: lt; lt; Sports personnel specific to the General Directorate of Prisons, its subordinate units, the Medical Directorate and the Independent Protection and Anti-Corruption Service gt; gt;. " 19. In Article I, paragraph 47 shall read as follows: "" 47. Annex no. 7 is entitled: lt; lt; Sports specific to civil personnel in the Ministry of Justice with powers to coordinate and control the work of prisons and the Independent Protection and Anti-Corruption Service, as well as civilian personnel in The General Directorate of Prisons, from the units subordinated to it and from the Medical Directorate gt; gt; ". 20. in Article I, paragraph 48, in Annex no. 7, point 1 shall read as follows: "" 1. Civil staff in the Ministry of Justice with coordination and control duties and the one carrying out works in connection with the work of prisons and the independent protection and anti-corruption service, as well as civilian personnel in the Directorate General of Prisons, the Medical Department and their subordinate units benefit from an increase to the basic salary of up to 30%. Civil magistrates who carry out the duties provided for in the previous paragraph benefit from an increase in the basic salary by up to 30%. This increase is part of the basic salary. " 21. Annex no. 1, Chapter II "Driving allowances at appeals courts, courts, judges and prosecutors ' offices in addition to these courts", after the current number 9, the current number 9 ^ 1 is inserted with the following contents: "" 91. President of the maritime section at the court, chief prosecutor of the maritime section at the prosecutor's office 22. Annex no. 1, Chapter II, the note will read as follows: "" NOTE: The driving allowances for the courts and prosecutors ' offices in Bucharest are higher by 10%. Functions provided at no. crt. 9 ^ 1 shall be used only if the Minister of Justice determines, according to art. 13 13 para. ((2) and art. 30 30 para. ((2) of Law no. 92/1992 for the judicial organization, republished, the establishment of maritime sections at some appropriate judges and prosecutors. " 23. Annex no. 1, Chapter III, point 2 of the note shall read as follows: "" Two. For the position of the Registrar provided at no. crt. 5-8 legal higher education is required. In order to fill the function of an analytical-programmer with higher education, studies in the fields of computer science, automation, cyber, electronics, mathematics are also taken into account. In this case, the seniority provided by law for employment and promotion to professional degrees shall be increased by 3 years. " 24. Annex no. 1, Chapter III, point 5 of the note is repealed. 25. Annex no. 2 2 will have the following contents: 2 "" ALLOWANCES for the management staff in the Prosecutor's Office of the Supreme Court of Justice and the Ministry of Justice No. General Secretary, General Manager, Adviser to the Minister of Justice, Prosecutor's Adviser to the Attorney General-Basic salary corresponding to the executive function 45%55% 2.Director, chief prosecutor at the Prosecutor's Office of the Supreme Court of Justice 45%50% 3.Deputy Director, Deputy Chief Prosecutor at the Prosecutor's Office of the Supreme Court of Justice 40%45% 4.Inspector General Court, Inspector General notarial, inspector general of prisons, prosecutor inspector 38%42% 5.Chief service, chief prosecutor service 30%35% 6.Head office, chief prosecutor office 25%30% 7.Registrar chief of the prosecutor's office of the Supreme Court of Justice 20%25% 8.Registrar chief service of the Prosecutor's Office of the Supreme Court of Justice 15%20% " II. Government Ordinance no. 56 56 of 28 August 1997 amending and supplementing Government Ordinance no. 9/1997 to amend and supplement Law no. 50/1996 on the salary and other rights of the staff in the bodies of the judicial authority, published in the Official Gazette of Romania, Part I, no. 225 225 of 30 August 1997. This law was adopted by the Senate at the meeting of 3 May 1999, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, ULM SPINEANU This law was adopted by the Chamber of Deputies at the meeting of May 10, 1999, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. PRESIDENT CHAMBER OF DEPUTIES, PAULA IVANESCU -------------