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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071588/-lege-nr.-104-din-11-iunie-1999-privind-aprobarea-ordonanei-guvernului-nr.-9-1997-i-a-ordonanei-guvernului-nr.-56-1997.html

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Law No. 104 of 11 June 1999 on approval of the Government Ordinance. 9/1997 and Ordinance No. 56/1997 PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 273 of 16 June 1999, the Romanian Parliament adopts this law.


The sole article is approved for the following Ordinances of the Cabinet of Ministers issued pursuant to art. and (b). j) of law No. 134/97 for empowering the Government to issue ordinances: Ordinance No. 9 of 28 July 1997 amending and supplementing law No. 50/1996 concerning remuneration and other entitlements of the staff of law enforcement agencies, the judicial authority, which shall be published in the Official Gazette of Romania, part I, no. 177 of 30 July 1997, with the following amendments: 1. In article I, section 1, article 1 shall read as follows: Art. 1.-Payroll and personnel from magistrates courts and Prosecutor's offices shall be made taking account of the role, responsibility, complexity, the Justice of the State of preparation and professional competence, and the incompatibilities and prohibitions provided for by the Constitution and the law. 92/1992 for the judicial organisation, republished, for the judiciary. "
2. In article I, section 3, article 3 (1) shall read as follows: Art. 3.-(1) advancement of magistrates in functions is made under the conditions provided for by law No. 92/1992 for the judicial organisation, republished, exam-based.
Organization and conduct of the examination shall be fixed by regulation, approved by the Minister of Justice, the Superior Council of the judiciary. "
3. In article I, section 11, article 8 shall read as follows: Art. 8.-carrying out activity Prosecutors to monitor the prosecution shall receive an increase of 20% of the basic salary, while the prosecutors who carry out criminal prosecution of its own benefits from an increase of 25% of the gross salary basis. "
4. In article I, section 13, article 9 ^ 3 is repealed.
5. In article I, section 15 shall read as follows: "15. In article 10, paragraph 2, after the Insert (3) with the following contents: lt; Lt;(paragraph 3). (1) and (2) apply to magistrates and benefiting from the pension service, according to law No. 92/1992 for the judicial organisation, republished. GT; gt; "
6. In article I, paragraph 17 shall be inserted after point 17 ^ 1 with the following content: "17 ^ 1. In article 16, paragraph 2, after the Insert (3) with the following contents: lt; Lt;(3) specialized assistants referred to in paragraph 1. (1) can raise pursuant to article stability. 5, which shall apply accordingly. GT; gt; "
7. In article I, section 19 (2) and (3) of article 17 shall read as follows: "(2) Registrars shall receive compensation from the Court pursuant to article. 9 which apply accordingly. These provisions benefit clerks-carpenters, if attending in place of clerks in court sessions.

(3) registrars participate in making laws on the procedure to reorganise and bankruptcy, real estate advertising laws, of acts of the Commission for citizenship, as well as those who are Secretaries of the commissions research of property shall receive the allowance provided for in article 10. 13(2). (1), which shall apply accordingly. The same allowance benefit rulers of the land register. "
  

8. In article I, section 20, article 19 shall be repealed.
9. In article I, section 20 shall be inserted after point 20 ^ 1 with the following content: "20 ^ 1. Insert after article 21 Article 21 ^ 1 with the following content: lt; Lt; Art. 21 ^ 1. -(1) forensic Experts shall enjoy the spore article stability. 5, which shall apply accordingly.

(2) possessing the title forensic Experts of the scientific degree of doctor or Yearbook with a 15% increase in gross salary. GT; gt; "
  

10. In article I, paragraph 23, article 23 shall read as follows: Art. 23.-military personnel of the Ministry of Justice with powers of coordination and control of the activity of the penitentiary institutions, as well as military personnel within the General Directorate of penitentiaries, its subordinate units, the independent service and medical protection and anti-corruption is paid according to the legal provisions applicable to military personnel of the Ministry of the Interior. "
11. In article I, section 24, article 25 shall read as follows: Art. 25. The staff of the Ministry of Justice-involved in the coordination and control of the activity of the penitentiary institutions and independent Service for protection and anti-corruption, and the staff of that service, within the Directorate-General of prisons, its subordinate units and the medical benefits from bonuses and other rights for activities that require very high mental tensions or the special conditions of employment. Categories of personnel, places of work, the size of increases and the conditions for granting them are provided in the appendices. 6 and 7. "
12. In article 32, point (I) article 42 ^ 1 shall read as follows: Art. 42 ^ 1. -For risk and unnecessary neuropsihica and magistrates, specialized support staff benefit from a 50% increase in gross monthly salary. "
13. In article 32, point (I) shall be inserted after point 32 ^ 1 with the following content: "32 ^ 1. In article 43, after paragraph 3, insert the (4) with the following contents: lt; Lt;(forensic Experts 4) benefit from the bonus and risk unnecessary pursuant to article neuropsihica. 42 ^ 1. The provisions of paragraphs 1 and 2. (1) to (3) do not apply to forensic experts. GT; gt; "
14. In article I, shall be inserted after point 36 36 points ^ 1 ^ 2 and 36 with the following contents: 36 ^ 1. Article 51 shall be added after paragraph (1), (2) with the following contents: lt; lt 2;() military Judges may choose between a service established in accordance with the law No. 92/1992 for the judicial organisation, republished, and military service pension, which may benefit from the legal provisions which are more favourable. GT; gt; "
36 ^ 2. Article 52 shall read as follows: lt; Lt; Art. 52. — (1) the judges, prosecutors, financial financial financial inspectors, judges, magistrates, prosecutors and financial inspectors-assistants, and assistants related jurisdictional activity within the Court of Auditors shall be entitled to salary increases provided for magistrates and auxiliary staff in the present law.

(2) the Auditors of the financial benefit from the bonus stability in relation to the length of the actual economic and financial control, the bonus for the scientific title of doctor or doctor of science, as well as increase the risk of overstressing and neuropsihica. GT; gt; "
  

15. In article 38, point 56 ^ 1 is repealed.
16. In article 41, point (I) shall be inserted after point 41 ^ 1 with the following content: "41 ^ 1. At Annex 4. 4-ranking wage Coefficients and allowances for forensics laboratory staff expertise-(A) shall read as follows: «a. "run specialized Functions No. crt.
Level of education function Coefficient ranking of basic salaries in the minimum length of the specialised how graded 1 2 3 4 1.
Expert criminologist degree S 5.45 5.55 5.65 5.75 10 years 2.
Expert criminologist grade II 5.00 5.10 5.20 5.30 7 years 3.
Expert criminologist grade III S 4.50 4.60 4.70 4.80 4 years 4.
Assistant criminologist 3.80-4.00 S 3.60 1 year 5.
Assistant criminologist debutant was 2.50-"17. In article I, section 43, annex. 4, point 1 ^ 1 shall read as follows: "1 ^ 1. At the Central Laboratory of Forensic Expertise and the public prosecutor's Office attached to the Supreme Court of Justice salaries for specialized assistants referred to. B are greater than 7%. "
18. In article I, section 46 shall read as follows: "46. Annex 4. 6 is called: lt; Lt; Specific military personnel increases from the General Directorate of penitentiaries, its subordinate units, the independent service and medical protection and anticorruption gt; gt;. "
19. In article I, paragraph 47 shall read as follows: "47. Annex 4. 7 is called: lt; Lt; Specific civilian personnel increases from the Ministry of Justice with powers of coordination and control of the activity of the penitentiary institutions and independent Service for protection and anticorruption, and civilian staff from the Directorate General of prisons, its subordinate units and medical Direction from gt; gt; ".
20. In article I, paragraph 48, at Annex 4. 7, point 1 shall read as follows: "1. Civilian personnel of the Ministry of Justice with powers of coordination and control, and the one who carries out work in relation to the activity of the penitentiary institutions and independent Service for protection and anticorruption, and civilian staff from the Directorate General of prisons, medical Direction and subordinated units receive a raise in base salary for up to 30%.
Civilian judges fulfilling the tasks referred to in the preceding paragraph, shall receive an increase in basic salary by up to 30%. This increase is part of base salary. "
21. in annex No. 1, chapter II "the driving Allowances appeal courts, tribunals, the judges and the public prosecutor's Office attached to these courts" after the current number 9 number 9 is inserted: ^ 1 with the following content: "91.  
Chairman maritime Department at Court, Prosecutor head of maritime at ARO near Court 18% 22% "


22. in annex No. 1, chapter II, note will read as follows: "Note: Allowances for courts and prosecutors ' offices from Bucharest are higher by 10%.
The functions referred to in no. CRT. 9 ^ 1 is used only if the Minister of Justice shall, in accordance with art. 13(2). (2) and article 3. 30 paragraph 2. (2) of law No. 92/1992 for the judicial organisation, republished, the establishment of maritime at some judges and prosecutors ' offices. "
23. in annex No. 1, chapter III, section 2 of the note will read as follows: "2. The occupation of the Office of the Registrar referred to in no. CRT. 5-8 are required in higher education.
For the Office of the Registrar-programmer analyst with higher education are disregarded and trials in the fields of Informatics, Cybernetics, Automatics, electronics, math. In this case, the length of service prescribed by law for employment and promotion in professional degrees shall be increased by three years. "
24. in annex No. 1, chapter III, paragraph 5 of the note is hereby repealed.
25. The annex. 2 shall read as follows: 2 "" allowances for staff leading Prosecutor in addition to Supreme Court of Justice and of the Ministry of Justice No. crt.
The function of leadership as a percentage of basic salary minimum maximum 1.
General Secretary, general manager, Adviser to the Minister of Justice, Attorney Adviser to the Attorney general's basic salary corresponding to the function execution 45% 55% 2.
Director, head of the Prosecutor at the Prosecutor's Office attached to the Supreme Court 45% 50% 3.
Deputy Director, Deputy Chief Prosecutor at the Prosecutor's Department of the Supreme Court of Justice 40% 45% 4.
Justice inspector general, inspector general notary, inspector general of prisons, Prosecutor inspector 42% 38% 5.
Chief, Chief Prosecutor 30% 35% 6.
The Chief Prosecutor's Office, Head Office 25% 30% 7.
Registrar head of the Prosecutor's Office from the Supreme Court of Justice 20% 25% 8.
Registrar Service Chief Prosecutor of the Supreme Court of Justice 15% 20% ". Government Ordinance No. 56 of 28 august 1997 concerning the modification and completion of the Government Ordinance. 9/1997 modifying and completing law No. 50/1996 concerning remuneration and other entitlements of the staff of law enforcement agencies, the judicial authority, which shall be published in the Official Gazette of Romania, part I, no. 225 august 30, 1997.
This law was adopted by the Senate at its meeting on 3 May 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the SENATE, pp. ULM SADR this law was adopted by the Chamber of deputies at its meeting on 10 May 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, PAULA IVANESCU — — — — — — — — — — — — —