Law No. 115 Of 28 June 1999 On Ministerial Responsibility

Original Language Title:  LEGE nr. 115 din 28 iunie 1999 privind responsabilitatea ministerială

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071598/-lege-nr.-115-din-28-iunie-1999-privind-responsabilitatea-ministerial.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 115 of 28 June 1999 (republished * *) (* updated *) on ministerial responsibility *) (updated by no later than February 1, 2014) ISSUER-PARLIAMENT------------_ _ _ _ _ _ _ _ _ _ _ _ _ *) the Republished pursuant to art. II of law No. 90/2005 approving Government Emergency Ordinance nr. 3/2005 on the amendment and completion of the law #. 115/1999 on ministerial responsibility, as published in the Official Gazette of Romania, part I, no. 322 of 15 April 2005, posing a new texts.
Law No. 115/1999 on ministerial responsibility has been republished in the Official Gazette of Romania, part I, no. 334 of 20 May 2002.
Law No. 115/1999 on ministerial responsibility has been amended and supplemented by:-Law No. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, and public functions in the business environment, the prevention and sanctioning of corruption, as published in the Official Gazette of Romania, part I, no. 279 of 21 April 2003, as amended and supplemented;
-Government Emergency Ordinance nr. 24/2004 on increased transparency in the exercise of public functions and dignities of the public, as well as measures to prevent and combat corruption, published in the Official Gazette of Romania, part I, no. 365 of 27 April 2004, approved with amendments and completions by law No. 601/2004, published in the Official Gazette of Romania, part I, no. 1,227 of 20 December 2004;
-Government Emergency Ordinance nr. 3/2005 on the amendment and completion of the law #. 115/1999 on ministerial responsibility, as published in the Official Gazette of Romania, part I, no. 116 of 4 February 2005, as amended by law No. 90/2005, published in the Official Gazette of Romania, part I, no. 322 of 15 April 2005.


Chapter I General provisions general provisions Article 1 the Government, as a whole, and each of its members are required to fulfill its mandate while respecting the Constitution and laws of the country, as well as the Government programme approved by Parliament.


Article 2 (1) the Government is responsible only to Parliament politically as a result of the vote of confidence granted by it in conjunction with învestiturii.
  

(2) Each member of the Government responsible jointly and severally with the political and other members for the work of the Government and its laws.
  


Article 3 (1) of the Government's political Responsibility lies in its dismissal as a result of the withdrawal of confidence granted by the Parliament, by adopting a motion of censure, under art. 113 and 114 of the Constitution of Romania, republished.
  

(2) the Government and other public administration bodies are obliged to submit to the Chamber of Deputies and Senate parliamentary committees, as well as the information and documents required under art. 111 para. (1) of the Constitution of Romania, republished, within 20 days of receipt of the request.
  

(3) Government and each of its members are obliged to reply to the questions and interpellations raised by deputies, senators in the times article. 112 para. (1) of the Constitution of Romania, republished, under the conditions provided for by the regulations of the two chambers of Parliament.
  


Article 4 (1) within 15 days from the date of termination of the mandate of the Government or one of its members, according to art. 106 and 110 of the Constitution of Romania, republished, they will present situation concerning the management of ministerial activity of responders, as well as ongoing issues, on the basis of the protocol of delivery-receipt.
  

(2) the structure and content of the Protocol shall be determined by decision of the Government).
  

_ _ _ _ _ _ _ _ _ _ _ _ _ *) see Judgment No. 2/2001 for approval of the structure and content delivery-receipt Protocol drawn up by Cabinet members and heads of other specialized bodies of the public administration the mandate expiration, as published in the Official Gazette of Romania, part I, no. 3 of 5 January 2001.

(3) the provisions of paragraphs 1 and 2. (1) and (2) apply to the heads of other central public administration authorities and local governments from their date of issue.
  


Article 5 in addition to the political responsibility, the Government can respond and civil, administrative, criminal or disciplinary action, as appropriate, in accordance with the common law of these subjects, to the extent that this law does not cover derogations.


Article 6 for the purposes of this law, are members of the Government, the Prime Minister, Ministers and other members established by an organic law, appointed by the President of Romania on the basis of the vote of confidence granted by the Parliament.


Chapter II criminal liability criminal liability in article 7 (1) subject to this Act the facts committed by members of the Government in the exercise of their function and which, according to the criminal law, constitute offences.
  

(2) for committing offences other exercise, in addition to their function, members of the Government shall be responsible according to the common law.
  

(3) the persons referred to in art. 6 responsible for criminal facts committed in the exercise of their function, according to the procedural rules laid down by this law.
  


Article 8 (1) shall constitute offences and are punishable by imprisonment from one year to five years following acts committed by members of the Government in the exercise of their function: — — — — — — — — — — —-the introd. paragraphs 1 to 5. (1) of article 1. 8 was amended by section 1 of article. 71 of Act No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.

to prevent, through threat), violence or the use of fraudulent means, to exercise in good faith of any of the rights and freedoms of the citizen;
  

b) presentation, in bad faith, of incorrect information to the Parliament or the President on the work of the Government or a Ministry, to hide the facts of nature deal with prejudice to the interests of the State.
  

(2) also Constitute offences and are punishable by imprisonment from 3 months to 2 years, or with fine following acts committed by a member of the Government:------------the introd. paragraphs 1 to 5. (2) of article 9. 8 was amended by paragraph 2 of article 9. 71 of Act No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.

unjustified refusal to) to present to the Chamber of Deputies, the Senate or standing committees thereof, within the time limit provided for in art. 3 paragraphs 1 and 2. (2) the information and documents required by these information activity of the Parliament by the Government, according to art. 111 para. (1) of the Constitution of Romania, republished;
  

(b) the issue of normative orders) or instructions with discriminatory on grounds of race, nationality, ethnic origin, language, religion, social category, beliefs, age, gender or sexual orientation, political affiliation, wealth or social origin, such as to adversely affect human rights.
  

(3) paragraph 1 Attempt facts. (1) shall be punished.
  


Article 9 (1) if it was committed by the Government of some offences in the exercise of their function, other than those referred to in article 1. 8, shall apply the penalty provided by law for those offences.
  

(2) in the cases referred to in article 1. 7 para. (1) and in article 8. 8, in addition to the main penalty will apply to the prohibition of capital punishment and the complementary right of occupying a public office or a public leadership during a period from one year to five years.
  

— — — — — — — — — — —-. (2) of article 9. 9 was amended by section 3 of article 9. 71 of Act No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 10 penal responsibility is personal and it concerns every Member of the Government in part for the acts committed in the exercise of its function.


Article 11 cabinet members responsible for the criminal acts of the committed in the exercise of their function, the oath and up to termination, as provided by the Constitution.


Chapter III procedure for prosecution and trial Procedure of criminal adjudication and Article 12 only to the Chamber of Deputies, the Senate and the President of Romania shall be entitled to demand the prosecution of members of the Government for the acts committed in the exercise of their function.


Article 13 (1) of the proposal to commence debate on the prosecution in the Chamber of deputies or the Senate shall be made on the basis of the report drawn up by a permanent Commission that, within its competence, carried out an investigation concerning the work done by the Government or a Ministry times by a Special Commission of inquiry established to that end.
  

(2) the report referred to in paragraph 1. (1) register as a priority on the agenda of the Chamber of deputies or the Senate, as appropriate.
  

(3) after the commencement of criminal proceedings and the Government which is a member of a Deputy or senator may be raided, detained only with the consent of the times arrested the Chamber, after hearing his, while respecting the provisions of article 7. 72 para. (2) of the Constitution of Romania, republished, and the procedural rules contained in regulation of the room in which it participates.
  


Article 14 (1) of the two debates In the houses of Parliament the presence of the person concerned. Lack of Government overkill does not hinder the work.
  

(2) where the person concerned resides in the impossibility to this objective, the Chamber of deputies or the Senate, during the debates, will set a new deadline.
  


(3) the person concerned has the right to express his point of view on what constitutes the object of the Act the application to be prosecuted, as well as on the request for waiver of parliamentary immunity, where appropriate.
  


Article 15 application for criminal prosecution of the members of the Government and, as appropriate, the lifting of parliamentary immunity is adopted in compliance with the provisions of art. 67 and of art. 76 para. (2) of the Constitution of Romania, republished.
The vote is secret and is expressed through balls.


Article 16 (1) in the exercise of the right to demand the prosecution of a member of the Government, the President of Romania, at the recommendation of the Special Commission set up to analyse complaints with respect to committing a crime in the function of the Government members, addressed to the Minister of justice a request for this purpose, proceed according to the law.
  

(2) the President of Romania is invoked to demand the prosecution of a member of the Government by the Prime Minister, the prosecutor general's Office of the High Court of Cassation and justice, or Chief Prosecutor of the national anti-corruption Directorate.
  

(3) Any citizen who has knowledge about committing a criminal offences by members of the Government in the exercise of their function can be the address of the Prime Minister, the prosecutor general's Office of the High Court of Cassation and justice, or Chief Prosecutor of the national anti-corruption Directorate, to request referral to the President.
  

(4) the Special Commission pursuant to paragraph 4. (1) is made up of five members appointed for a term of 3 years, which may not be renewed, and its membership shall be approved by the Decree of the President of Romania, at the recommendation of the Minister of Justice and Minister of administration and Interior.
  

(5) on the basis of the analysis of samples submitted referral to support its statements and evidence put forward by the Government against seeking prosecution, the Special Commission referred to in paragraph 1. (1) the President of Romania shall submit a report with proposals for prosecution or referral to the ranking. Commission meetings are not public. A member of the Government for which he made the appeal shall be entitled to be heard by the Commission before drawing up its report.
  

(6) the President of Romania shall act on the report presented by the Special Commission referred to in paragraph 1. (5) communication and media solution.
  

(7) If a member of the Government for which the Romanian President urged the prosecution is also Deputy or senator, Minister of Justice or, where appropriate, the Prime Minister will ask the competent Chamber to trigger the procedure for adoption of the application to commence prosecution. The provisions of article 13-15 shall apply accordingly.
  

(8) where the person concerned is the Minister of Justice, the application shall be addressed to the Prime Minister.
  


Article 17 the President of Romania shall be notified about the inclusion in the agenda of the sitting of the Chamber of deputies or the Senate's report referred to in article 1. 13(2). (1). Article 18 If one of the two chambers of Parliament or the President of Romania asked the prosecution, the case shall be sent immediately to the Minister of Justice or, where appropriate, of the Prime Minister to proceed according to the law.


Article 19 the prosecution of members of the Government for acts of the related exercise their function is carried out, where appropriate, by the public prosecutor's Office attached to the High Court of Cassation and justice, or by the National Anti-corruption Directorate, and prosecuting them, by the High Court of Cassation and justice, according to the law.


Article 20 where they asked the prosecution against a member of the Government, the President of Romania may order its suspension from Office.


Article 21 where it was willing to sue a sending member of Government, the Minister of Justice or, where appropriate, the Prime Minister shall notify the President of Romania, the date on which it was notified the High Court of Cassation and justice, with a view to the suspension from Office.


Article 22 (1) in the case of flagrant offences, persons referred to in art. 6 can I be detained and searched. The Minister of Justice shall immediately inform the President of the Chamber of which the Member of the Government or, where appropriate, by the President of Romania.
  

(2) where the person concerned is referral to the Minister of Justice, pursuant to paragraph 4. (1) shall be made by the Prime Minister.
  


Chapter IV final provisions the final Provisions Article 23 (1) the rules of procedure provided for in this law shall be supplemented by those contained in the regulations of the two chambers of Parliament and the code of criminal procedure, in so far as this law provides otherwise.
  

— — — — — — — — — — — — — Article 24 (1) until the remaining final judgement of conviction, persons referred to in art. 6 are considered innocent.
  

(2) the final judgement of conviction of a member of the Government shall be published in the Official Gazette of Romania, part I.
  

(3) a member of the Government, sentenced by a judgment which has become final, will be dismissed by the President of Romania, at the recommendation of the Prime Minister.
  


Article 25 (1) this law shall enter into force 30 days after its publication in the Official Gazette of Romania, part I.
  

(2) on the date of entry into force of this law shall be repealed any provisions to the contrary.
  

Note: we reproduce below art. The Government Emergency Ordinance nr. 3/2005 on the amendment and completion of the law #. 115/1999 on ministerial responsibility, as amended by law No. 90/2005, which is not incorporated into the text of the consolidated law No. 115/1999 and applicable in that provisions of Government Emergency Ordinance nr. 3/2005: "Art. II.-the Commission referred to in article 1. 391. (2) *) of law No. 115/1999, republished, with subsequent amendments and additions shall be lodged within 30 days after the date of entry into force of this emergency Ordinance. "_ _ _ _ _ _ _ _ _ _ _ _ _ *) following the AutoRepublish feature and renumerotării texts, art. 391. (2) to become art. 391. (4).
-----