LEGE no. 188 188 of 8 December 1999 (** republished) (* updated *) on the Staff Regulations *) ((updated until 12 August 2016 *)
ISSUER
PARLIAMENT
---------- ** **) Republicated pursuant to art. III of Law no. 251/2006 to amend and supplement Law no. 188/1999 on the Statute of civil servants, published in the Official Gazette of Romania, Part I, no. 574 of 4 July 2006, giving the texts a new numbering. Law no. 188/1999 on the Statute of Civil Servants was republished in the Official Gazette of Romania, Part I, no. 251 251 of 22 March 2004 and subsequently amended by: - Law no. 164/2004 for approval Government Emergency Ordinance no. 123/2003 on salary increases that will be granted to staff in the budget sector, published in the Official Gazette of Romania, Part I, no. 446 446 of 19 May 2004; - Law no. 344/2004 for amendment art. 27 27 of Law no. 188/1999 on the Statute of civil servants, published in the Official Gazette of Romania, Part I, no. 674 674 of 27 July 2004; - Government Emergency Ordinance no. 92/2004 on the regulation of salary rights and other civil servants ' rights for the year 2005, published in the Official Gazette of Romania, Part I, no. 1.091 of 23 November 2004, approved with amendments and additions by Law no. 76/2005 , published in the Official Gazette of Romania, Part I, no. 324 324 of 18 April 2005; - State budget law for 2005 no. 511/2004 , published in the Official Gazette of Romania, Part I, no. 1.121 1.121 of 29 November 2004; - State social insurance budget law for 2005 no. 512/2004 , published in the Official Gazette of Romania, Part I, no. 1.128 1.128 of 30 November 2004; - Government Emergency Ordinance no. 39/2005 for amendment art. 84 84 of Law no. 188/1999 on the Statute of civil servants, published in the Official Gazette of Romania, Part I, no. 430 of 20 May 2005, approved by Law no. 228/2005 , published in the Official Gazette of Romania, Part I, no. 607 607 of 13 July 2005; - State budget law for 2006 no. 379/2005 , published in the Official Gazette of Romania, Part I, no. 1.151 1.151 of 19 December 2005; - State social insurance budget law for 2006 no. 380/2005 , published in the Official Gazette of Romania, Part I, no. 1.150 1.150 of 19 December 2005; - Government Ordinance no. 2/2006 on the regulation of salary rights and other civil servants ' rights for 2006, published in the Official Gazette of Romania, Part I, no. 57 of 20 January 2006, approved with amendments and additions by Law no. 417/2006 , published in the Official Gazette of Romania, Part I, no. 951 951 of 24 November 2006; - Law no. 442/2006 for amendment of para. ((2) art. 15 15 of Law no. 188/1999 on the Statute of civil servants, published in the Official Gazette of Romania, Part I, no. 969 969 of 4 December 2006. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 of 17 June 2015, the exception of unconstitutionality regarding the provisions of the Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 17 June 2015 and 1 August 2015, the provisions Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants (including all amendments to this normative act on Law no. 188/1999 republished with subsequent amendments and completions) were suspended by law, ending its legal effects, as of August 2, 2015, as the legislator did not intervene to amend the contested provisions. ---------- + Chapter I General provisions + Article 1 ((1) The present law regulates the general regime of legal relations between civil servants and the state or local public administration, through autonomous administrative authorities or through the public authorities and institutions of the administration central and local public, hereinafter referred to as service reports. ... (2) The purpose of the present law is to ensure, in accordance with the legal provisions, a stable, professional, transparent, efficient and impartial public service, in the interest of citizens, as well as of public authorities and institutions of central and local public administration. ... + Article 2 (1) The public office shall represent all the duties and responsibilities established under the law for the purpose of carrying out the public power prerogatives by the central public administration, the local public administration and the authorities autonomous administrative. ... (2) The public servant is the person appointed, under the law, in a public office. The person who has been released from public office and is in the reserve corps of civil servants retains the status of a public servant. ... (3) The activities carried out by civil servants, involving the exercise of public powers, are as follows: ... a) the execution of laws and other normative acts; ... b) elaboration of draft normative acts and other regulations specific to the public authority or institution, as well as to ensure their approval; ... c) elaboration of the projects of policies and strategies, programs, studies, analyses and statistics necessary for the implementation and implementation of public policies, as well as the documentation necessary to execute the laws, in order to achieve competence of the public authority or institution ... d) advice, control and internal public audit; ... e) the management of human resources and financial resources; ... f) collection of budgetary claims; ... g) the representation of the interests of the public authority or institution in its relations with natural or private individuals or legal entities, from the country and abroad, within the limits of the powers established by the head of the authority public, as well as the legal representation of the public authority or institution in which it operates; ... h) carrying out activities in accordance with the strategy of computerization of public administration. ... (4) Public functions are set out in the Annex to this Law. ... (5) For the purposes of this law, the totality of civil servants within the autonomous administrative authorities and within the public authorities and institutions of the central and local public administration constitute the body of public servants. ... + Article 3 The principles underlying the exercise of public office are: a) legality, impartiality and objectivity; ... b) transparency; ... c) efficiency and effectiveness; ... d) responsibility, in accordance with the legal provisions; ... e) guidance to the citizen; ... f) stability in the exercise of public office ... g) hierarchical subordination. ... + Article 4 (1) The service reports shall be born and exercised on the basis of the administrative act of appointment, issued under the law. ... (2) The exercise of service relations shall be carried out indefinitely. ... (3) By exception to the provisions of par. ((2), the public functions of temporary execution for a period of at least one month may be occupied for a fixed period, as follows: ... a) by redistributing the public servants in the reserve corps who meet the specific conditions for filling the respective public office; ... b) by appointment for a fixed period, by competition under the law, in the situation where in the reserve corps there are no public servants who meet the specific requirements to be redistributed in accordance with the provisions laid down at lit. a). The person appointed under these conditions acquires the status of civil servant only during this period and does not benefit from the termination of the service report of the right to enter the reserve corps of civil servants. ... + Article 5 (1) The public servants operating in the following public services may benefit from special statutes: ... a) the specialized structures of the Romanian Parliament; ... b) the specialized structures of the Presidential Administration; ... c) the specialized structures of the Legislative Council; ... d) diplomatic and consular services; ... e) the customs authority; ... f) the police and other structures of the Ministry of Interior and Administrative Reform; ... g) other public services established by law. ... (2) By the special statutes provided in par. (1) may be regulated: ... a) specific rights, duties and incompatibilities other than those provided for by this Law; ... b) specific public functions. ... ((3) In the case of special statutes applicable to diplomatic and consular services, as well as to the police and other structures of the Ministry of the Interior and Administrative Reform, the special provisions may regulate provisions of the nature of those para. (2), as well as about the career. ... + Article 6 The provisions of this Law shall not apply a) the contract staff employed from the own apparatus of public authorities and institutions, carrying out secretarial, administrative, protocol, management, maintenance-repair and service activities, security, as well as other categories of staff who do not exercise the prerogative of public power. The persons occupying these functions do not have the status of civil servant and their labour law applies; ... b) employed personnel, on the basis of personal trust, at the dignitary's office; ... c) the body of magistrates; ... d) teachers; ... e) persons appointed or elected to positions of public dignity. ... + Chapter II Classification of public functions. Categories of civil servants + Article 7 (. Public functions shall be classified as follows: ... a) general public functions and specific public functions; ... b) public functions of Class I, public functions of Class II, public functions of Class III; ... c) state public offices, territorial public offices and local public offices. ... (2) The general public functions represent all the tasks and responsibilities of a general nature and common to all public authorities and institutions, in order to achieve their general competences. ... (3) The specific public functions represent all the tasks and responsibilities of a specific nature to public authorities and institutions, established in order to achieve their specific competences, or which require competence and specific responsibilities. ... (4) Equivalence of specific public functions with general public functions, under the law, is made by the special statutes provided in art. 5 5 para. (1) or, on the proposal of public authorities and institutions, by the National Agency of Public Servants. ... + Article 8 (1) State public functions are the public functions established and endorsed, according to the law, within the ministries, specialized bodies of the central public administration, as well as within the autonomous administrative authorities. ... (2) Territorial public functions are established and approved public functions, according to the law, within the prefect's institution, to the devolved public services of ministries and other central public administration bodies in the units administrative-territorial. ... (3) Local public functions are the public functions established and approved, according to the law, within the own apparatus of the local public administration authorities and their subordinate public institutions. ... + Article 9 Public functions are divided into 3 classes, defined in relation to the level of studies required to fill public office, as follows: a) the first class includes the public functions for which the graduate studies are required to be graduated with a diploma, namely long-term higher education, graduated with a bachelor's degree or equivalent; ... b) Class II includes the public functions for which higher than short-term studies are required, graduated with a diploma; ... c) Class III includes the public functions for which high school studies are required, namely secondary secondary studies, completed with a baccalaureate diploma. ... + Article 10 (. After the level of the duties of the public office holder, the public functions shall be divided into three categories as follows: ... a) public functions corresponding to the category of senior civil servants; ... b) public functions corresponding to the category of leading public servants; ... c) public functions corresponding to the category of public execution officials. ... (2) Public servants appointed to the public offices of Classes II and III may occupy only public execution functions. ... + Article 11 (1) Civil servants are debutants or definitively. ... (2) The persons who have promoted the contest for the occupation of a public office of junior professional degree may be appointed junior civil servants. ... (3) Defined civil servants may be appointed: ... a) the junior civil servants who carried out the period of internship provided by the law and obtained the corresponding result at the evaluation; ... b) persons entering the body of civil servants through competition and who have seniority in the specialty of studies necessary to fill the public office of at least 12 months, 8 months and 6 months, respectively, depending on the level of graduate studies. ... + Article 12 The category of senior civil servants includes persons who are appointed to one of the following public functions: a) Secretary General of the Government and Deputy Secretary General of the Government; ... ---------- Lit. a) of art. 12 12 was reinstated by the rejection EMERGENCY ORDINANCE no. 3 3 of 11 February 2009 , published in MONITORUL OFFICIAL no. 84 84 of 11 February 2009 by LAW no. 379 379 of 10 December 2009 , published in MONITORUL OFFICIAL no. 870 870 of 14 December 2009. b) general secretary of ministries and other specialized bodies of the central public administration; ... c) Prefect; ... d) Deputy Secretary-General of the Ministries and other specialized bodies of the central public administration; ... e) sub-prefect; ... f) Government inspector. ... + Article 13 ((. The category of leading public officials shall include persons appointed in one of the following public functions: ... a) general manager and deputy general manager of the apparatus of the autonomous administrative authorities, ministries and other specialized bodies of the central public administration, as well as in the specific public functions assimilated to them; ... b) Director and Deputy Director from the apparatus of the autonomous administrative authorities, ministries and other specialized bodies of the central public administration, as well as in the specific public functions assimilated to them; ... c) secretary of the administrative-territorial unit *); ... d) Executive Director and Deputy Executive Director of the devolved public services of ministries and other specialized bodies of central public administration of administrative-territorial units, within the institution the prefect, within the own apparatus of the local public administration authorities and their subordinate public institutions, as well as in the specific public functions assimilated to them; ... ---------- Lit. d) a par. ((1) of art. 13 13 has been amended by section 4.2 1 1 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. Section 1 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 1.629 1.629 of 3 December 2009 , published in MONITORUL OFFICIAL no. 28 28 of 14 January 2010. Section 1 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 was repealed by section 6.6. 1 1 of art. unique from LAW no. 264 264 of 22 December 2010 , published in MONITORUL OFFICIAL no. 872 872 of 28 December 2010. Lit. d) a par. ((1) of art. 13 has returned to official form. e) head of service, as well as in specific public functions assimilated to it; ... f) head office, as well as in specific public functions assimilated to it. ... (2) Within the autonomous administrative authorities, the public functions referred to in par. ((1) lit. e) and f), as well as other public functions provided for in the specific regulations. ... (3) The public functions provided in par. ((1) lit. a) may also be established within the public authorities and institutions of the local public administration that have a minimum of 150 posts. ... + Article 14 (1) There are civil servants of execution in the first class persons appointed in the following general public offices: counselor, legal adviser, auditor, expert, inspector, as well as in specific public functions assimilated to them. ... (2) There are civil servants of execution in the second grade of persons appointed in the general public office of specialized reviewer, as well as in specific public functions assimilated to it. ... (3) There are civil servants of execution in the third grade of persons appointed in the general public office of reviewer, as well as in the specific public functions assimilated to it. ... + Article 15 The public execution functions are structured on professional degrees, as follows: a) superior, as a maximum level; ... b) principal; ... c) assistant; ... d) debutant. ... + Chapter III Category of senior civil servants + Article 16 (1) Senior civil servants shall carry out senior management in the central public administration and autonomous administrative authorities. ... (2) In order to occupy a public office corresponding to the category of senior civil servants the person must cumulatively meet the following conditions: ... a) those provided in art. 54 54; ... b) Bachelor's degree graduate studies with diploma, respectively long-term higher education, graduated with bachelor's degree or equivalent; ... c) at least 5 years old in the specialty of studies necessary for the exercise of public office; ... d) graduated the specialized training programs for the occupation of a public office corresponding to the category of senior civil servants or exercised a full mandate of parliamentarian *); ... e) promoted the national contest for entry into the category of senior civil servants. ... (3) For the occupation of public functions provided in art. 12 lit. a), b) and d) specific conditions or specific procedures may be established, under the law. ... + Article 17 Specialized training programs for the occupation of a public office corresponding to the category of senior civil servants are organized under the law. + Article 18 (1) Entry into the category of senior civil servants shall be made by national competition. The recruitment is made by a permanent, independent commission made up of 7 members, appointed by decision of the Prime Minister. Members of the commission have fixed terms of 10 and a half years and are appointed by rotation. ... (2) Persons who have promoted the national contest provided in par. ((1) may be appointed in public offices corresponding to the category of senior civil servants. ... (3) The structure, the criteria for the appointment of members, the attributions and the organization and functioning of the commission provided in par. (1) shall be established by Government decision, at the proposal of the National Agency of Public Servants. ... + Article 19 (1) The appointment, modification, suspension, termination of service relations, as well as disciplinary sanction of senior civil servants shall be made, under the law, by: ... a) Government, for the public functions provided in art. 12 lit. a), c) and e); ... b) Prime Minister, for the public functions provided in art. 12 lit. b), d) and f). ... ---------- Alin. ((1) art. 19 returned to the previous form EMERGENCY ORDINANCE no. 3 3 of 11 February 2009 , published in MONITORUL OFFICIAL no. 84 of 11 February 2009 by the rejection of this normative act by LAW no. 379 379 of 10 December 2009 , published in MONITORUL OFFICIAL no. 870 870 of 14 December 2009. (2) The appointment in a public office provided for in art. 12 lit. a), b) and d) shall be made of persons who meet the conditions provided in art. 16 16 para. ((2) and (3). ... ---------- Alin. ((2) art. 19 returned to the previous form EMERGENCY ORDINANCE no. 3 3 of 11 February 2009 , published in MONITORUL OFFICIAL no. 84 of 11 February 2009 by the rejection of this normative act by LAW no. 379 379 of 10 December 2009 , published in MONITORUL OFFICIAL no. 870 870 of 14 December 2009. (3) Upon release from public office, senior civil servants are entitled to material compensation, established according to the law on the unitary wage system of civil servants. ... + Article 20 (1) The assessment of the individual professional performance of senior civil servants is made annually, under the law. ... (2) The general assessment of senior civil servants shall be made every 2 years, in order to confirm the professional knowledge, skills and abilities necessary for the exercise of public office. ... (3) Senior civil servants have the obligation to attend professional refresher courses on an annual basis, under the law. ... (4) The annual assessment referred to in par. ((1) and the general assessment referred to in par. (2) shall be made by an evaluation committee, whose members are appointed by decision of the Prime Minister, on the proposal of the Minister of Interior and Administrative Reform. ... + Chapter IV Management of public functions and civil servants + Section 1 National Agency of Civil Servants + Article 21 (1) For the creation and development of a body of professional, stable and impartial civil servants shall be established, subordinated to the Ministry of Interior and Administrative Reform, the National Agency of Public Servants, specialized body of central public administration, with legal personality. ... (2) The National Agency of Public Servants is headed by a President, with the rank of Secretary of State, appointed by the Prime Minister, on the proposal of the Minister of Interior and Administrative Reform. In the exercise of his duties, the president of the National Agency of Public Servants issues normative and individual orders. ... (3) The National Agency of Public Servants is financed from the state budget. ... + Article 22 (1) The National Agency of Public Servants shall have the following tasks: ... a) develop policies and strategies on the management of public office and civil servants; ... b) elaborates and endorses draft normative acts on public office and civil servants; ... c) monitor and control the application of public office and civil servants legislation within public authorities and institutions; ... d) develop common regulations, applicable to all public authorities and institutions, on public functions, as well as instructions on the unitary application of public office and civil servants legislation; ... e) elaborates the draft law on establishing the unitary wage system for civil servants; ... f) establishes the criteria for assessing the activity of civil servants ... g) centralize the training proposals of civil servants, established as a result of the evaluation of the individual professional performance of civil servants; ... h) collaborates with the National Institute of Administration *) to establish the specific topics of training programs specialized in public administration and improvement of public officials; ... Note ... ---------- * *) See lit. b) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 761 of 9 November 2009. ---------- i) prepares and administers the database of public offices and civil servants; ... j) carry out the recruitment and promotion for the public functions for which they organize the competition, monitor the recruitment and promotion for the other public functions, under the conditions ... ---------- Lit. j) a par. ((1) of art. 22 22 has been amended by section 4.2 1 1 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. j ^ 1) organizes competitions or exams for the occupation of public office of vacant management, under the conditions provided in art. 58 58; ---------- Lit. j ^ 1) a par. ((1) of art. 22 22 was introduced by section 4.2. 2 2 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. j ^ 2) orders the suspension of the organization and conduct of competitions, under the law; ---------- Lit. j ^ 2) a par. ((1) of art. 22 22 was introduced by section 4.2. 2 2 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. k) carry out the redistribution of civil servants to whom the service relations have ceased for reasons not attributable to them; ... ---------- Lit. k) a par. ((1) of art. 22 has returned to official form, due to the cessation of legal effects of EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 of August 29, 2013, following the unconstitutional declaration of this normative act by CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 433 of 17 June 2015. EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 549 of 29 August 2013 was rejected by art. unique from LAW no. 36 36 of 22 March 2016 , published in MONITORUL OFFICIAL no. 220 220 of 24 March 2016. Therefore, lit. k) a par. ((1) of art. 22 returns to the form prior to the amendment made by this emergency ordinance. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 of 17 June 2015, the exception of unconstitutionality regarding the provisions of the Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 17 June 2015 and 1 August 2015, the provisions Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants (including all amendments to this normative act on Law no. 188/1999 republished with subsequent amendments and completions) were suspended by law, ending its legal effects, as of August 2, 2015, as the legislator did not intervene to amend the contested provisions. ---------- l) provide specialized assistance and methodologically coordinate the human resources compartments within the central and local public administration authorities and institutions; ... m) participate in the negotiations between the representative trade union organizations of civil servants and the Ministry of Interior and Administrative Reform; ... n) collaborate with bodies and with international organizations in its field of activity; ... o) elaborates annually, in consultation with public authorities and institutions, the Public Service Employment Plan, which it submits for approval to the Government *); ... p) prepares the annual report on the management of public functions and civil servants, which it presents to the Government; ... q) finds contraventions and applies sanctions, under the law. ... (2) The National Agency of Public Servants shall perform any other duties established by law. ... (3) The National Agency of Public Servants has active legal legitimation and may refer the matter to the competent administrative court regarding: ... a) the acts by which the public authorities or institutions violate the legislation on public office and civil servants, established as a result of their own control activity; ... b) the refusal of public authorities and institutions to apply the legal provisions in the field of public office and civil servants. ... (4) The act attacked according to para. ((3) is suspended by law. ... (5) The President of the National Agency of Public Servants may also refer the matter to the prefect in connection with illegal acts issued by local public authorities or institutions. ... + Article 22 ^ 1 The National Agency of Civil Servants has the suspension of the organization and conduct of the contest or, as the case may be, of the exam, a) in the situation in which it is noticed and it is found that the legal conditions regarding the organization and conduct of recruitment and promotion competitions in public offices within public authorities and institutions are not met; ... b) the public authority or institution did not transmit to the National Agency of Public Servants the plan for filling public functions, according to the provisions of art. 23 23 para. ((4) and (5); ... c) the authority or public institution that organizes the contest or the exam did not obtain the opinion of the National Agency of Public Officials, according to the provisions of 107. ... ---------- Article 22 ^ 1 has been introduced by item 3 3 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. + Article 23 (. The Public Service Employment Plan shall determine: ... a) maximum number of public functions reserved for the promotion of civil servants ... b) the maximum number of public functions that will be reserved for the purpose of rapid promotion; ... c) the maximum number of public functions that will be filled by recruitment; ... d) the maximum number of public functions to be established; ... e) the maximum number of public functions to be reorganized; ... f) the maximum number of public functions on each class, category and professional degrees; ... g) the maximum number of public management functions and public functions corresponding to the category of senior civil servants. ... (2) The public office employment plan shall be drawn up annually, in consultation with the representative trade unions of civil servants, as follows: ... a) by the National Agency of Public Servants, based on the proposals of the main authorising officers, for the public authorities and institutions of the central public administration; ... b) by the mayor or, as the case may be, by the president of the county council, through the specialized apparatus, for the public authorities and institutions of the local public administration ... (3) The public office employment plan shall be drawn up centrally, on each principal authorising officer and on each institution subordinated to it or financed by its budget. ... (4) In the situation referred to in par. ((2) lit. a), the public office employment plan is approved by Government decision. In the situation provided in par. ((2) lit. b), the public office employment plan is approved by decision of the local council, respectively of the county council. ... (5) For the public authorities and institutions of the local public administration, the draft public office plan shall be submitted to the National Agency of Public Servants 45 days before the date of approval. If the National Agency of Public Servants finds irregularities in its structure, the public authorities or institutions have the obligation to modify the draft public office plan, based on the observations To the National Agency of Public Servants, in accordance with the legal provisions. ... + Article 24 The current management of human resources and public functions is organized and carried out, within each public authority and institutions, by a specialized department, which collaborates directly with the National Agency of Public Servants. + Section 2 Evidence of public functions and civil servants + Article 25 (1) The National Agency of Public Servants manages the national record of public offices and civil servants, on the basis of data transmitted by public authorities and institutions. ... (2) The records of public offices and civil servants shall be held within each public authority or institution, according to the format established by the National Agency of Public Servants. Public authorities and institutions have the obligation to transmit to the National Agency of Public Servants all information contained in the public offices and civil servants within them. ... (3) In order to ensure the efficient management of human resources, as well as to pursue the career of the public official, the public authorities and institutions shall draw up the professional file for each public official. ... (4) The standard format of the public office and civil servants ' record, as well as the content of the professional file shall be established by Government decision, at the proposal of the National Agency of Public Servants. ... + Article 26 (1) Public authorities and institutions shall be responsible for drawing up and updating the professional records of civil servants and ensuring that they are kept safe. ... ((. In cases of transfer or termination of service relations, the public authority or institution shall keep a copy of the professional file and shall hand the original to the public official, on a signature basis. ... (3) The authorities and public institutions shall be obliged to communicate to the National Agency of Public Servants, within 10 working days, any changes in the situation of civil servants. ... (4) Persons who have access to the data contained in the national record of public offices and civil servants, as well as to the professional file of the civil servant have the obligation to preserve the confidentiality of personal data, in the law. ... (5) At the request of the public official, the public authority or institution is obliged to issue a document stating the activity carried out by it, the seniority, in the specialty and in the public office. ... + Chapter V Rights and duties + Section 1 Civil servant rights + Article 27 (1) The right to opinion of civil servants is guaranteed. ... (2) Any discrimination between civil servants on political criteria, trade union membership, religious beliefs, ethnic, sex, sexual orientation, material state, social origin or any other such nature is prohibited. ... + Article 28 The civil servant shall have the right to be informed of decisions that are taken in the application of this Statute and which concern him directly. + Article 29 (1) The right of union association is guaranteed to civil servants. ... (2) Public servants may, freely, establish trade union organizations, adhere to them and exercise any mandate within them. ... (3) If the senior civil servants or civil servants who have the status of authorising officers are elected to the governing bodies of the trade union organizations, they shall be required within 15 days of the election to the bodies of leading trade union organizations to opt for one of the two functions. If the civil servant opts to carry out the work in the position of management in the trade union organizations, his service relations shall be suspended for a period equal to that of the mandate in the Union organization. ... ---------- Alin. ((3) of art. 29 29 has been amended by section 1 1 of art. unique of EMERGENCY ORDINANCE no. 125 125 of 8 October 2008 , published in MONITORUL OFFICIAL no. 694 694 of 13 October 2008. (3 ^ 1) Civil servants, other than those referred to in par. ((3), may hold simultaneously the public office and function in the governing bodies of trade union organizations, with the obligation to respect the regime of incompatibilities and conflicts of interest that are applicable to them. ---------- Alin. (3 ^ 1) of art. 29 29 has been introduced by section 2 2 of art. unique of EMERGENCY ORDINANCE no. 125 125 of 8 October 2008 , published in MONITORUL OFFICIAL no. 694 694 of 13 October 2008. (4) Public servants may associate themselves in professional organizations or other organizations aimed at protecting professional interests. ... + Article 30 (1) Civil servants are recognized the right to strike, under the law. ... (2) Civil servants who are on strike do not receive salary and other salary rights during the strike. ... + Article 31 (1) For the work carried out, civil servants shall be entitled to a salary composed of: ... a) basic salary; ... b) the increase for seniority; ... c) repealed; ... ---------- Lit. c) a par. ((1) of art. 31 31 has been repealed by section 6.6. 14 14 of art. 49, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. d) repealed. ... ---------- Lit. d) a par. ((1) of art. 31 31 has been repealed by section 6.6. 14 14 of art. 49, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. (2) Civil servants benefit from premiums and other salary rights, under the law. ... (3) The salary of civil servants shall be made in accordance with the provisions of the law on establishing the unitary wage system for civil servants. ... + Article 32 Civil servants who, according to the law, are required to wear uniform while on duty receive it free of charge. + Article 33 (1) The normal duration of working time for civil servants is, as a rule, 8 hours a day and 40 hours per week. ... ((2) For the hours worked available to the head of the public authority or institution over the normal duration of working time or on public holidays or declared non-working days civil servants of execution are entitled to recovery or to the increased payment with an increase of 100% of the basic salary. The number of hours paid with the 100% increase cannot exceed 360 in an an. *) ... Note ... ---------- * *) Until December 31, 2005, the provisions regarding the granting of overtime were suspended by Government Emergency Ordinance no. 92/2004 on the regulation of salary rights and other civil servants ' rights for the year 2005, approved with amendments and additions by Law no. 76/2005 . ---------- + Article 34 (1) Public servants may be elected or appointed to a position of public dignity, under the law. ... (2) Senior civil servants and public officials of management may be appointed to public dignity positions only after the termination, under the law, of service relations. ... (2 ^ 1) By exception to par. ((2), leading public officials may be appointed to public dignity positions within the public authorities or institutions of the central public administration in which they operate, as well as from the authorities or public institutions in hierarchical relations with this. ---------- Alin. (2 ^ 1) of art. 34 34 has been introduced by section 5 5 of art. I of LAW no. 132 132 of 18 July 2012 , published in MONITORUL OFFICIAL no. 498 498 of 19 July 2012, which supplements EMERGENCY ORDINANCE no. 16 16 of 8 May 2012 , published in MONITORUL OFFICIAL no. 314 of 10 May 2012, with art. XV. (3) Senior civil servants and public officials of management may apply for public dignity positions only after the termination, under the law, of service relations. ... + Article 35 (1) Civil servants have the right, under the law, to rest leave, to sick leave and to other holidays. ... ((2) Abrogat. ... ---------- Alin. ((2) of art. 35 35 was repealed by lit. d) a art. 39 of LAW-framework no. 284 284 of 28 December 2010 published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. + Article 36 During the period of sick leave, maternity leave and those for raising and caring for children, service relationships may not be terminated and may be amended only on the initiative of the public official concerned. + Article 37 Public authorities and institutions have the obligation to provide civil servants with normal working and hygiene conditions, such as to protect their health and physical and mental integrity. + Article 38 Public servants receive medical assistance, prosthetics and medicines, under the law. + Article 39 Civil servants benefit from pensions, as well as other state social insurance rights, according to the law. + Article 40 (1) In case of death of the public official, the family members, who have, according to the law, the right to survivor's pension, receive for a period of 3 months the equivalent of the basic salary in the last month of activity of the deceased public official. ... (2) If the decision for the survivor's pension has not been issued due to the fault of the authority or the public institution within 3 months from the date of death, it will continue to pay the rights provided in par. ((1) until the decision for the survivor's pension is issued. ... + Article 41 (1) Civil servants shall benefit in the exercise of their powers of law. ... (2) The Authority or the public institution shall be obliged to ensure the protection of the public official against threats, violence, acts of outrage to which the victim may be in the exercise of public office or in connection with it. In order to guarantee this right, the public authority or institution will request the support of the competent bodies, ... (3) Special protection measures for civil servants with powers of control and inspection, forced execution of budgetary claims, as well as for other categories of civil servants carrying out high-risk activities professional acts are established by normative acts, at the proposal of the National Agency of Public Servants or by public authorities and institutions, with the opinion of the National Agency of Public Servants. ... + Article 42 The public authority or institution is obliged to compensate the civil servant if he has suffered, at the fault of the public authority or institution, a material damage during the performance of his duties. + Section 2 Duties of public + Article 43 (1) Civil servants have the obligation to perform with professionalism, impartiality and in accordance with the law duties of service and to refrain from any act that could harm natural or legal persons or Public servants ' body prestige. ... (2) Leading public servants are obliged to support the proposals and motivated initiatives of subordinate staff in order to improve the work of the public authority or institution in which they operate, as well as quality of public services offered to citizens ... (3) Public servants have the duty to comply with the rules of professional and civic conduct provided by law. ... + Article 44 (1) Public servants shall be prohibited from leading positions in the management bodies or bodies, elected or appointed, of the political parties, defined according to their statutes, of the organizations to which the same regime is applicable legal as well as political parties or foundations or associations that operate in addition to political parties. ... (2) High public officials are prohibited from being part of political parties, organizations to which the same legal regime is applicable as political parties or from foundations or associations operating in addition to political parties. ... (3) Civil servants have the obligation that, in the exercise of their duties, refrain from expressing or publicly manifesting their political beliefs and preferences, not to favor any political party or organization to which they are the same legal regime as political parties is applicable. ... + Article 45 (1) Civil servants shall, according to the law, respond to the performance of their duties from the public office they hold, as well as their delegated duties. ... (2) The public servant is obliged to comply with the provisions received from hierarchical superiors. ... (3) The public official shall have the right to refuse, in writing and reasoned, to fulfill the provisions received from the hierarchical superior, if they consider them illegal. If the person who issued the provision formulates it in writing, the civil servant shall be obliged to execute it, unless it is manifestly illegal. The civil servant has the duty to inform the hierarchical supervisor of the person who issued the provision such situations. ... + Article 46 Civil servants have the obligation to keep state secret, service secret, as well as confidentiality in relation to the facts, information or documents they are aware of in the exercise of public office, under the law, with the exception of public interest information. + Article 47 (1) Public servants are prohibited from soliciting or accepting, directly or indirectly, for themselves or others, in consideration of their public office, gifts or other advantages. ... (2) Upon appointment to a public office, as well as to the termination of the service report, civil servants are obliged to present, under the law, the ruler of the public authority or institution the declaration of wealth. The wealth declaration is updated annually, according to the law. ... + Article 48 (1) Civil servants have the obligation to solve, within the deadlines established by the hierarchical superiors, the assigned works. ... (2) Public servants are prohibited from receiving directly applications whose resolution falls within their competence or to discuss directly with the applicants, except those to whom such duties are established, as well as to intervene for the settlement these requests. ... + Article 49 Civil servants have the obligation to observe exactly the legal regime of conflict of interest and incompatibilities, established according to the law. + Section 3 Professional training of civil servants + Article 50 Civil servants have the right and obligation to continuously improve their skills and professional training. + Article 51 (1) The public authorities and institutions are required to provide in their annual budget the amounts necessary to cover the expenses of professional development of civil servants organized at the initiative or in the interest of the authority or public institution. ... (2) During the period during which the civil servants follow forms of professional improvement, they benefit from the due salary rights, if they are: ... a) organized at the initiative or in the interest of the public authority or ... b) followed at the initiative of the civil servant, with the consent of the head of the public authority ... (3) Public servants who follow forms of professional development, whose duration is more than 90 days in a calendar year, organized in the country or abroad, financed from the state budget or local budget, are obliged to commit in writing that they will work in public administration between 2 and 5 years after the end of the programs, in proportion to the number of professional refresher days, if for that program no other period is foreseen. ... (4) Civil servants who have followed forms of professional improvement, under the conditions of par. (3), whose service relations cease, according to the provisions of art. 97 lit. b), d) and e), of art. 98 98 para. ((1) lit. f) and g) or art. 99 99 para. ((1) lit. d), before the end of the stipulated period they are obliged to refund the value of the expenses incurred for the improvement, as well as, as the case may be, the salary rights received during the improvement, calculated under the conditions of the with the remaining period until the deadline. ... (5) Provisions of para. ((4) shall not apply where the civil servant no longer holds the public office for reasons not attributable to him. ... (6) If persons who have followed a form of improvement, but have not graduated from their fault, are obliged to return to the institution or public authority the value of the expenses incurred for improvement, as well as the rights salary received during the period of improvement, calculated under the law, if they were borne by the public authority or institution. ... + Article 52 They do not constitute forms of professional improvement and cannot be financed from the state budget or from the local budget university studies or doctoral studies. + Article 53 Public authorities and institutions have the obligation to communicate annually to the National Agency of Public Servants, under the law, the plan of professional improvement of public officials, as well as the funds provided for in the annual budget to cover the expenses of professional development of civil servants, organised at the initiative or in the interest of the public authority or institution. + Chapter VI Civil servants ' + Section 1 Recruitment of public + Article 54 May occupy a public office the person who meets the following conditions: a) has Romanian citizenship and domicile in Romania; ... b) knows the Romanian language, written and spoken; ... c) is at least 18 years of age; ... d) has full exercise capacity; ... e) has a state of health corresponding to the public office for which he is running, attested on the basis of specialized medical examination; ... f) meets the conditions of studies provided by law for public office; ... g) meets the specific conditions for public office; ... h) was not convicted of committing a crime against humanity, against the state or against authority, corruption and service crimes, crimes that prevent the execution of justice, crimes of false or a crime committed with intent that would render it incompatible with the exercise of public office; ... ---------- Lit. h) a art. 54 54 has been amended by art. 72, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. i) has not been dismissed from a public office or has not ceased his individual employment contract for disciplinary reasons in the last 7 years; ... j) did not carry out political police activity, as defined by law. ... + Article 55 The filling of vacant public functions and temporary public functions may be made only under the conditions of this law. + Article 56 The public office shall be filled by: a) promotion; ... b) transfer; ... c) redistribution; ... ---------- Lit. c) of art. 56 has returned to official form, due to the cessation of legal effects of EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 of August 29, 2013, following the unconstitutional declaration of this normative act by CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 433 of 17 June 2015. EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 549 of 29 August 2013 was rejected by art. unique from LAW no. 36 36 of 22 March 2016 , published in MONITORUL OFFICIAL no. 220 220 of 24 March 2016. Therefore, lit. c) of art. 56 returns to the form prior to the amendment made by this emergency ordinance. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 of 17 June 2015, the exception of unconstitutionality regarding the provisions of the Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 17 June 2015 and 1 August 2015, the provisions Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants (including all amendments to this normative act on Law no. 188/1999 republished with subsequent amendments and completions) were suspended by law, ending its legal effects, as of August 2, 2015, as the legislator did not intervene to amend the contested provisions. ---------- d) recruitment; ... e) other modalities expressly provided for by this Law. ... + Article 57 (1) The recruitment for the entry into the body of civil servants shall be made by competition, within the limits of the vacant public functions reserved for this purpose by the public office occupancy plan. ... (2) The conditions of participation and the procedure for organizing the contest shall be established according to the ... (3) The contest is based on the principles of open competition, transparency, professional merits and competence, as well as that of equality of access to public offices for every citizen who meets the legal conditions. ... (4) The announcement of the contest shall be published in the Official Gazette of Romania, Part III, and in a daily newspaper of wide circulation, at least 30 days before the date of the contest. Exceptionally, the 30-day period can be reduced, under the law, for the contest organized in order to fill the public functions of temporary vacant execution. ... (5) The minimum age conditions in the specialty of studies required to participate in the recruitment contest organized for the occupation of public execution functions shall be established as follows: ... a) one year in the specialty of studies necessary for the exercise of public office, for the occupation of public office of execution of assistant professional grade I, 8 months for the occupation of public office of execution of professional degree assistant from Class II or 6 months for the occupation of the public office of execution of professional grade assistant of Class III; ... b) 5 years in the specialty of studies necessary for the exercise of public office, for the occupation of public functions of execution of main professional degree; ... c) 9 years in the specialty of studies necessary for the exercise of public office, for the occupation of public functions of execution of higher professional degree. ... (6) The minimum conditions of seniority in the specialty of the studies required to participate in the recruitment contest organized for the occupation of public management positions shall be established ... a) 2 years in the specialty of studies necessary for the exercise of public office, for the occupation of public positions of management of: head office, head of service and secretary of the commune *), as well as of specific public functions assimilated to them; ... b) 3 years in the specialty of studies necessary for the exercise of public office, for the occupation of public management positions, other than those provided in lett. a). ... ---------- Lit. b) a par. ((6) of art. 57 57 has been amended by section 4.2 4 4 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (7) For participation in the recruitment contest organized for the filling of public management positions, candidates must have completed master or postgraduate studies in the field of public administration, management or in specialty studies necessary for the exercise of public office * *). ... + Article 58 (1) The recruitment contest for vacant public offices in central public authorities and institutions shall be organized, under the law, as follows: ... a) by the commission provided for in art. 18 18 para. (1) for senior civil servants. The technical secretariat of the Commission shall be provided by the National Agency of Public Servants; ... b) by the National Agency of Public Servants, for the filling of general and specific public functions; ... c) by public authorities and institutions, with the opinion of the National Agency of Public Servants, for the occupation of general and specific public execution functions. ... (2) The recruitment contest for vacant public offices in the public authorities and institutions of the local public administration is organized, under the law, as follows: ... a) by the National Agency of Public Servants, for public management positions in the following areas: child protection, computerized record of the person, internal public audit, financial-accounting, urbanism and architecture, resources human, European integration, for the secretaries of administrative-territorial units, as well as for public execution functions in the field of internal public audit; ... b) by public authorities and institutions, for the occupation of vacant public offices, other than those provided in lett. a). ... (3) In the situation referred to in par. ((2) lit. b), the authorities and public institutions of the local public administration have the obligation to inform the National Agency of Public Servants before 10 days of starting the procedure for organizing and conducting competitions. If the National Agency of Public Servants finds that the legal conditions regarding the organization and conduct of competitions are not met, the organization and the suspension of the contest shall be postponed or suspended. ... (4) The National Agency of Public Servants may delegate to public authorities or institutions, under the law, the competence to organize recruitment competitions for the occupation of general and specific public management positions. ... ----------- Article 58 has been amended by section 6.6. 4 4 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. Section 4 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 1.629 1.629 of 3 December 2009 , published in MONITORUL OFFICIAL no. 28 28 of 14 January 2010. Section 4 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 was repealed by section 6.6. 1 1 of art. unique from LAW no. 264 264 of 22 December 2010 , published in MONITORUL OFFICIAL no. 872 872 of 28 December 2010. Art. 58 returned to official form. (4) The notification will necessarily include the following: ... a) identification of public functions vacant by name, category, class and, as the case may be, professional degree, as well as the compartment to which they belong; ... b) the conditions of specialized studies and, as the case may be, other specific conditions provided in the job description for each public holiday function; ... c) the proposed date for the contest. ... (5) Within 10 days, the National Agency of Public Servants shall check in the database on the records of public functions and civil servants if there are civil servants who meet the conditions for redistribution. ... ---------- Alin. ((5) art. 58 returned to the form introduced by LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010, due to the cessation of legal effects of EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 of August 29, 2013, following the unconstitutional declaration of this normative act by CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 433 of 17 June 2015. EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 549 of 29 August 2013 was rejected by art. unique from LAW no. 36 36 of 22 March 2016 , published in MONITORUL OFFICIAL no. 220 220 of 24 March 2016. Therefore, para. ((5) of art. 58 returns to the form prior to the amendment made by this emergency ordinance. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 of 17 June 2015, the exception of unconstitutionality regarding the provisions of the Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 17 June 2015 and 1 August 2015, the provisions Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants (including all amendments to this normative act on Law no. 188/1999 republished with subsequent amendments and completions) were suspended by law, ending its legal effects, as of August 2, 2015, as the legislator did not intervene to amend the contested provisions. ---------- (6) Given that there are no public servants who can be redistributed, the National Agency of Public Servants shall communicate to the public authorities and institutions the appointment of a procedural officer, civil servant, representative of the to the competition committee. The procedural officer shall verify the fulfilment of the legal conditions for the organization and conduct of the competitions and shall also perform the other activities corresponding to the membership in the competition committee. ... ---------- Alin. ((6) art. 58 returned to the form introduced by LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010, due to the cessation of legal effects of EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 of August 29, 2013, following the unconstitutional declaration of this normative act by CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 433 of 17 June 2015. EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 549 of 29 August 2013 was rejected by art. unique from LAW no. 36 36 of 22 March 2016 , published in MONITORUL OFFICIAL no. 220 220 of 24 March 2016. Therefore, para. ((6) of art. 58 returns to the form prior to the amendment made by this emergency ordinance. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 of 17 June 2015, the exception of unconstitutionality regarding the provisions of the Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 17 June 2015 and 1 August 2015, the provisions Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants (including all amendments to this normative act on Law no. 188/1999 republished with subsequent amendments and completions) were suspended by law, ending its legal effects, as of August 2, 2015, as the legislator did not intervene to amend the contested provisions. ---------- (7) The procedural officer shall promptly notify the National Agency of Public Servants in the event of non-compliance by the authorities and public institutions with the procedure for organizing and conducting competitions. Based on the analysis of the complaint made by the procedural officer, the National Agency of Public Officials has the suspension of the organization and conduct of the competition. ... (8) The procedural officer may be appointed from the National Agency of Public Servants or from the prefect's institution, based on the proposals of the prefects. ... ---------- Alin. ((4)-(8) of art. 58 58 have been introduced by section 5 5 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. + Article 59 The contest for admission to the programs organized under the law for obtaining the status of public manager is organized and managed by the competent institutions according to the law to organize such programs, with the opinion of the National Agency Civil servants. + Section 2 Period of internship + Article 60 (1) The period of internship shall have as its object the verification of professional skills in the performance of the duties and responsibilities of a public office, the practical training of junior civil servants, as well as their knowledge of the specificity of the public administration and its requirements. ... (2) The duration of the internship period is 12 months for the civil servants of execution in the first class, 8 months for those in the second class and 6 months for those in the third grade. ... + Article 61 (1) At the end of the internship period, based on the result of the evaluation carried out, the junior civil servant will be: ... a) appointed public servant of permanent execution in the class corresponding to the graduated studies, in the public offices provided in art. 14, in the assistant professional degree; ... b) issued from the public office, if he obtained at the evaluation of the activity the "improper" rating. ... (2) In the case provided in par. ((1) lit. b) the internship period does not constitute seniority necessary for the public office. ... + Section 3 Appointment of public + Article 62 (1) The appointment to public offices in the category of senior civil servants shall be made in accordance with the provisions of art. 19 19 para. ((1). ... (2) The appointment in the public management positions for which the competition is organized under the conditions of art. 58 58 para. ((1) lit. b) is made by the administrative act issued by the heads of the public authorities or institutions of the central and local public administration, at the proposal of the National Agency of Public Servants ... ---------- Alin. ((2) of art. 62 62 has been amended by section 6 6 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (3) The appointment in public offices for which the competition is organized under the conditions of art. 58 58 para. ((1) lit. c) is made by the administrative act issued by the heads of the public authorities and institutions of the central and local public administration that organized the contest. ... ---------- Alin. ((3) of art. 62 62 has been amended by section 6 6 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (4) The administrative act of appointment has the written form and must contain the legal basis of the appointment, the name of the civil servant, the name of the public office, the date from which the public office is to exercise, the salary rights, and the place of ongoing activity. ... (5) The job of the post related to the public office shall be attached to the administrative act of appointment, and a copy thereof shall be handed to the public official. ... (6) Upon entering the body of civil servants, the civil servant shall take the oath of allegiance within 3 days of the issuance of the act of appointment in the final public office. The oath has the following formula: " I swear to respect the Constitution, fundamental human rights and freedoms, to apply correctly and without bias the laws of the country, to conscientiously fulfill the duties I return to the public office in which I been appointed, to keep professional secrecy and to respect the norms of professional and civic conduct. So help me God. " The concluding religious formula will respect the freedom of religious beliefs. ... (7) Submission of the oath provided in par. ((6) shall be recorded in writing. The refusal of the swearing-in shall be recorded in writing and shall draw the revocation of the administrative act of appointment The obligation to organize the swearing-in belongs to the person who has the legal appointment competence ... + Section 4 Promotion of civil servants and professional performance evaluation + Article 63 In his career, the civil servant can promote in public office, under the law. Promotion in class and promotion to professional degrees are not conditioned by the existence of a vacancy. ---------- Article 63 has been amended by section 6.6. 1 1 of art. 41 of LAW-framework no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. + Article 64 ((1) Promotion is the way of career development by filling a higher public office. ... ((2) The promotion to the public office of execution in the professional degree immediately superior to the one held by the civil servant is made by competition or examination, organized semi-annually by the public authorities and institutions, by transforming the post occupied by the civil servant following the promotion of the contest or examination. The job description of the civil servant who has promoted to public office shall be completed with new duties and responsibilities or, as the case may be, by increasing the complexity of the duties exercised. ... ---------- Alin. ((2) of art. 64 64 has been amended by section 7 7 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. + Article 65 (1) The competition or the promotion examination in the professional degree shall be organized by the public authority or institution, within the limits of the public functions reserved for promotion, with the assignment in the allocated budget ... ---------- Alin. ((1) of art. 65 65 has been amended by section 8 8 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (2) In order to participate in the contest or the promotion exam in the professional degree immediately superior to the one held, the public official must cumulatively meet the following conditions: ... a) be at least 3 years old in the professional degree of public office from which they promote; ... b) repealed; ... ---------- Lit. b) a par. ((2) of art. 65 65 has been repealed by section 6.6. 2 2 of art. 41 of LAW-framework no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. c) have obtained at least the "good" rating at the annual evaluation of individual performances in the last 2 calendar years; ... d) not to have in the administrative record a disciplinary sanction not adjacent under the conditions of this law. ... ---------- Alin. ((2) of art. 65 65 has been amended by section 8 8 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (3) Civil servants who do not meet the conditions of seniority provided for promotion in the professional degree immediately superior to the detainee may participate in the organized contest, under the law, in order to promote quickly public *). ... (4) The provisions of art. 58 58 para. ((2) and (3) shall apply accordingly. ... ---------- Alin. ((4) of art. 65 65 has been introduced by section 9 9 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. + Article 66 In order to participate in the promotion contest in a leading public office, civil servants must cumulatively meet the following conditions: a) to be masters or postgraduate graduates in the field of public administration, management or in the specialty of studies necessary for the exercise of public office; ... b) be appointed to a public office in Class I; ... c) meet the specific requirements set out in the job description; ... d) meet the conditions laid down in art. 57 57 para. ((6); ... e) not to have in the administrative record a disciplinary sanction not adjacent under the conditions of this law. ... + Article 67 Repealed. ---------- Article 67 was repealed by point (a). 3 3 of art. 41 of LAW-framework no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. + Article 68 (1) Following the acquisition of a diploma of higher level education, civil servants of execution shall have the right to participate in the examination organized for the occupation of a public office in a class superior to the one in which they are assigned, if the studies Graduates are in the specialty in which they operate or if the authority or public institution considers that the graduate studies are useful for carrying out the activity. ... ---------- Alin. ((1) of art. 68 68 has been amended by section 10 10 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (2) Promotion under the conditions of para. (1) is made by transforming the post occupied by the civil servant as a result of passing the exam. ... ((3) The promotion in class cannot be made on a public function of auditor or legal adviser. ... ---------- Alin. ((3) of art. 68 68 has been introduced by section 11 11 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. + Article 69 (. The assessment of the individual professional performance of civil servants shall be made annually. ... (2) Following the evaluation of individual professional performances, the public official shall be awarded one of the following qualifications: "very good", "good", "satisfactory", "unsatisfactory". ... ((3) The qualifications obtained in the professional evaluation shall be taken into account: ... a) repealed; ... ---------- Lit. a) a par. ((3) of art. 69 69 has been repealed by section 6.6. 4 4 of art. 41 of LAW-framework no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. b) promotion to a higher public office; ... c) release from public office. ... (4) In the process of evaluating the professional performance of civil servants, the professional training requirements of civil servants shall be established. ... (5) The methodology for evaluating the individual professional performance of civil servants is approved by Government decision, at the proposal of the National Agency of Public Servants, after consulting the union organizations of officials public, representative at national level. ... + Section 5-a Rapid promotion system in public office + Article 70 (1) They may benefit from the rapid promotion system in public office: ... a) persons who have completed programs organized, under the law, to obtain the status of public manager; ... b) public servants who have promoted the contest provided in art. 65 65 para. ((3) *). ... (2) They may participate in the contest provided in par. ((1) lit. b) public servants who cumulatively meet the following conditions: ... a) are at least 1 year old in the professional degree of public office from which they promote; ... b) have obtained the rating "very well" at the evaluation of the individual professional performances of the last year ... c) do not have in the administrative record a disciplinary sanction not granted under the conditions of this law; ... d) have at least followed a form of professional improvement in the last year *). ... (3) The contest for the rapid promotion provided in art. 65 65 para. (3) shall be organized annually, by the National Agency of Public Servants, within the limit of the number of public offices reserved for rapid promotion *). ... + Article 71 (1) The period in which a person has followed organized programs, under the law, for obtaining the status of public manager is assimilated to the internship period. ... ((2) In case of non-promotion of the programs provided in (1), the period of internship does not constitute seniority in the specialty of studies necessary for the occupation of public offices and no seniority in ... + Chapter VII Collective agreements. Parity commissions + Article 72 (1) Public authorities and institutions may conclude annually, under the law, agreements with representative trade unions of civil servants or representatives of civil servants, comprising only measures relating to: ... a) the establishment and use of funds to improve conditions at work; ... b) health and safety at work; ... c) daily working hours; ... d) professional improvement; ... e) measures other than those provided by law, regarding the protection of those elected in the governing bodies of trade union organizations. ... (2) If the union is not representative or civil servants are not organized in the union, the agreement shall be concluded with the representatives of the civil servants of that authority or public institution, designated under the law. ... (3) The Authority or the public institution shall provide the representative trade unions or representatives of civil servants with the information necessary for the conclusion of the service relations agreements, under the law ... + Article 73 (1) In the framework of public authorities and institutions, parity commissions are constituted. ... (2) A number of representatives appointed by the head of the public authority or institution and the representative union of civil servants shall enter into the composition of the commission. If the union is not representative or civil servants are not organized in the union, their representatives will be appointed by the vote of the majority of public officials in that authority or public institution. ... (3) The way of establishment, organization and functioning of the parity commissions, as well as their composition, duties and working procedure shall be established by Government decision, at the proposal of the National Agency of Public Servants. ... + Article 74 (. The parity commissions shall be consulted in the following situations: ... a) to establish measures to improve the activity of public authorities and institutions for which they are constituted; ... b) to establish any measures regarding the professional training of civil servants, if their costs are borne by budget funds; ... c) the establishment of the working hours by the head of the public authority or institution; ... d) other situations provided by law. ... (. In the exercise of their duties, the Joint Committee shall issue advisory opinions. ... (3) The Joint Committees shall permanently pursue the implementation of the agreements established between the representative trade unions or representatives of civil servants with the public authorities ... (4) The Paritary Commission shall prepare quarterly reports on compliance with the provisions of the agreements concluded under the law, which it shall communicate to the management of the public authority or institution, as well as to the management of civil servants. ... + Chapter VIII Disciplinary sanctions and liability of civil servants + Article 75 The violation by public officials, with guilt, of duty of service attracts disciplinary, contravention, civil or criminal liability, as the case may be. + Article 76 (1) Any person who considers himself injured in his right or in a legitimate interest may apply to the court, under the law, against the authority or public institution that issued its act which refused to resolve the application for a subjective right or a legitimate interest. ... (2) If the action is admitted and the guilt of the civil servant is found, the person will be obliged to pay damages, severally with the public authority or institution. ... (3) The legal liability of the civil servant cannot be committed if he has complied with the legal provisions and administrative procedures applicable to the public authority or institution in which he operates. ... + Article 77 (1) Violation with guilt by civil servants of the duties corresponding to the public office they hold and the norms of professional and civic conduct provided by law constitutes disciplinary misconduct and attracts liability Their disciplinary. ... (2) The following acts constitute disciplinary misconduct: ... a) systematic delay in carrying out works; ... b) repeated negligence in solving the works; ... c) unmotivated absences from the service; ... d) repeated non-compliance with the work programme; ... e) the interventions or the persistences for the settlement of requests outside the legal framework; ... f) non-compliance with professional secrecy or confidentiality of works with this character; ... g) manifestations affecting the prestige of the public authority or institution in which they operate; ... h) conduct during the working hours of activities of a political nature; ... i) refusal to perform the duties of service; ... j) violation of legal provisions on duties, incompatibilities, conflicts of interest and prohibitions established by law for civil servants; ... k) other acts provided as disciplinary violations in the normative acts in the field of public office and civil servants. ... (3) The disciplinary sanctions are: ... a) written reprimand; ... b) the reduction of the salary rights by 5-20% for a period of up to 3 months; ... c) suspension of the right of advancement in the salary grades or, as the case may be, promotion in public office for a period of 1 to 3 years; ... d) demotion to public office for up to one year. ... ---------- Lit. d) a par. ((3) of art. 77 77 has been amended by section 4.2 5 5 of art. 41 of LAW-framework no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. e) dismissal from public office. ... (4) The individualization of disciplinary sanction will take into account the causes and gravity of the disciplinary deviation, the circumstances in which it was committed, the degree of guilt and the consequences of the deviation, the general behavior during the service of the public official, as well as the existence in his history of other disciplinary sanctions that were not radiated under the conditions of this law. ... (5) The disciplinary sanctions shall be applied no later than 1 year after the date of referral to the discipline commission regarding the commission of disciplinary misconduct, but not later than 2 years after the date of the disciplinary misconduct. ... (6) If the act of the civil servant has been referred to as disciplinary misconduct and as a criminal offence, the procedure of the employment of disciplinary liability shall be suspended until the ranking or waiver of prosecution or until the date on which the the court orders the payment, the waiver of the application of the sentence, the postponement of the application of ... ---------- Alin. ((6) of art. 77 77 has been amended by section 1 1 of art. 40, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (7) During the period of administrative research, where the civil servant who has committed a disciplinary misconduct may influence administrative research, the head of the public authority or institution shall have the obligation to prohibit access to the documents that may influence the research or, where appropriate, to order the temporary relocation of the civil servant to another compartment or to another structure of the authority or to the public institution. ... + Article 78 (1) The disciplinary sanction provided for in art. 77 77 para. ((3) lit. a) may be applied directly by the person who has the legal competence to appoint to the public office. ... (2) The disciplinary sanctions provided for in art. 77 77 para. ((3) lit. b)-e) shall apply to the person who has the legal competence to appoint to the public office, on the proposal of the discipline commission. ... (3) The disciplinary sanctions may not be applied until after the prior investigation of the act committed and after the hearing of the civil servant. The hearing of the civil servant must be recorded in writing, under penalty of nullity. Refusal of the public official to appear at the hearings or to sign a statement regarding the disciplinary misconduct that is imputed to him shall be recorded in a minutes. ... + Article 79 (1) In order to analyze the facts referred to as disciplinary violations and the proposal of the disciplinary sanction applicable to public officials in public authorities or institutions, discipline commissions are constituted. ... (2) A representative of the representative trade union organisation or, where appropriate, a representative appointed by the majority of the civil servants for whom the discipline committee is organised, shall also be a representative of the discipline committee, if the the union is not representative or civil servants are not organized in the union. ... (3) The discipline commission may designate one or more members and, as the case may be, require the control compartments within the public authorities or institutions to investigate the facts referred to and present the results of the research activity. ... (4) The discipline commission for senior civil servants is composed of 5 senior civil servants, appointed by the Prime Minister's decision, on the proposal of the Minister of Internal Affairs and Administrative Reform. ... (5) The procedure for the establishment, organization and functioning of the discipline commissions, as well as the composition, the attributions, the way of referral and their working procedure shall be established by Government decision, at the proposal of the National Agency of Civil servants. ... + Article 80 The public official dissatisfied with the sanction imposed may apply to the administrative court, requesting the cancellation or modification, as the case may be, of the order or the sanction provision. + Article 81 (1) In order to highlight the disciplinary situation of the civil servant, the National Agency of Public Servants will issue an administrative record, according to the database it manages. ... (2) The administrative record is an act that includes the disciplinary sanctions applied to the civil servant and which were not deregistered under the law. ... (3) The administrative record is necessary in the following cases: ... a) the appointment of a public official as a member of the competition committee for the recruitment of public ... b) the appointment of a public official as president and member of the discipline committee; ... c) the appointment of a public official as a member of the ... d) to fill a public office corresponding to the category of senior civil servants or to the category of ... e) in any other situations provided by law. ... (. The administrative record shall be issued at the request of: ... a) the interested public official; ... b) the head of the public authority or institution in which he operates; ... c) the chairman of the discipline committee ... d) other persons provided by law. ... + Article 82 (1) The disciplinary sanctions shall be radiated by law, as follows: ... a) within 6 months from application, the disciplinary sanction provided for in art. 77 77 para. ((3) lit. a); ... b) within one year after the expiry of the period for which they were applied, the disciplinary sanctions provided for in art. 77 77 para. ((3) lit. b)-d); ... c) within 7 years from the application, the sanction provided for in art. 77 77 para. ((3) lit. e). ... (2) Radiation of disciplinary sanctions provided in par. ((1) lit. a) and b) shall be found by administrative act of the head of the public authority or institution. ... + Article 83 (1) The contravention liability of civil servants shall be committed if they have committed a contravention during and in connection with the duties of service. ... (2) Against the minutes of finding the contravention and the application of the sanction the civil servant can address with complaint to the court in whose constituency the authority or the public institution in which it is appointed Sanctioned public servant. ... + Article 84 Civil liability of the civil servant shall be committed: a) for the damage caused by the guilt of the patrimony of the public authority or institution in which ... b) for the non-dismissal within the legal period of the amounts granted to him; ... c) for damages paid by the public authority or institution, as the principal, to third parties, pursuant to a final and irrevocable court decision. ... + Article 85 (1) Repairing the damage to the public authority or institution in the situations provided in art. 84 lit. a) and b) shall be ordered by the issuance by the head of the public authority or institution of an order or imputation provision, within 30 days of the finding of the damage, or, as the case may be, by assuming a payment commitment, and in the situation referred to in point c) of the same article, on the basis of the final and irrevocable judgment. ... (2) Against the order or provision of imputation to the public official in question may be addressed to the administrative court. ... (2 ^ 1) The order or provision of imputation remaining final as a result of the non-introduction or rejection of the action to the administrative court constitutes an enforceable title. ---------- Alin. (2 ^ 1) of art. 85 85 was introduced by art. 34 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (3) The right of the head of the public authority or institution to issue the order or provision of imputation shall be prescribed within 3 years from the date of occurrence of the damage. ... + Article 86 (1) The liability of the civil servant for the offences committed during his service in connection with the duties of the public office he occupies shall be committed according to the criminal law. ... (2) If the civil servant is sent to trial for the commission of a crime of the nature of those provided in art. 54 lit. h), the person who has the legal competence to appoint to the public office will order the suspension of the civil servant from the public office he holds. ... (3) If the classification or waiver of the prosecution or the payment or waiver of the application of the sentence or the postponement of the application of the sentence, as well as in the case of termination of the criminal proceedings, the suspension from the public office ceases, and the respective public official will resume his activity in the previously owned public office and will pay his salary rights related to the suspension period. ... ---------- Alin. ((3) of art. 86 86 has been amended by section 2 2 of art. 40, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (4) If the conditions for the employment of criminal liability are not met, and the act of the civil servant can be considered disciplinary misconduct, the competent discipline commission will be notified. ... (5) From the moment of the setting in motion of the criminal action, if the public official can influence the investigation, the person who has the competence of appointment to the public office has the obligation to order the temporary relocation of the civil servant in the framework of another compartment or other structure without legal personality of the authority or public institution. ... ---------- Alin. ((5) of art. 86 86 has been amended by section 2 2 of art. 40, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Chapter IX Amendment, suspension and termination of service report + Section 1 Amendment of the service report + Article 87 (1) The mobility within the body of civil servants is carried out by amending the service relations, as follows: ... a) to streamline the activity of public authorities and institutions; ... b) repealed; ... ---------- Lit. b) a par. ((1) of art. 87 87 has been repealed by section 6.6. 12 12 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. c) in the interest of the civil servant, for career development in public office. ... ((2) The modification of the service relations of the civil servants of execution and of the public servants of the management shall take place ... a) delegation; ... b) secondment; ... c) transfer; ... d) moving within the public authority or institution or within another structure without legal personality of the public authority or institution, under the conditions of this law; ... ---------- Lit. d) a par. ((2) of art. 87 87 has been amended by section 4.2 13 13 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. e) the temporary exercise of a public management function. ... ((3) Abrogat. ... ---------- Alin. ((3) of art. 87 87 has been repealed by section 6.6. 14 14 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. + Article 88 (. The delegation shall be in the interest of the public authority or institution in which the civil servant is assigned, for a period of no more than 60 calendar days in a year. ... (. The public servant may refuse to delegate if he is in one of the following situations: ... a) pregnancy; ... b) raise his/her child himself; ... c) the state of health, proven with medical certificate, makes the delegation contraindicated. ... ((. The delegation over a period of more than 60 calendar days in the course of a calendar year may be ordered only with the written consent of the civil servant. ... (4) During the delegation of the public official shall retain public office and salary, and the authority or public institution that delegates it shall bear the full cost of transport, accommodation and delegation allowance. ... + Article 89 (1) Detachment shall be ordered in the interest of the public authority or institution in which the public official is to operate, for a period of no more than 6 months. In the course of a calendar year a public official may be posted for more than 6 months only with his written consent. ... (2) Detachment may be ordered if the professional training of the civil servant corresponds to the duties and responsibilities of the public office, in compliance with the category, class and professional degree of the civil servant. The posting may also be ordered on a public management function, with the application of the provisions of art. 92 92 para. ((2), if the civil servant fulfils the conditions of studies and seniority in the specialty of studies and if there is no public office within the public authority or institution to exercise the public office temporarily. The civil servant may be seconded to a lower public office only with his written consent. ... (2 ^ 1) Exceptionally, the posting may also be ordered on a public office in the category of senior civil servants, with the application of the provisions of art. 92 92 para. (1 ^ 1), if the civil servant meets the conditions of studies and seniority in the specialty of studies necessary for the exercise of public office under the conditions of this law. In this case, the posting is ordered by administrative act of the person who has the legal competence to appoint civil servants who occupy public offices in the category of senior civil servants, at the proposal of the head of his authority the public institution in which the posted public official is to operate. ---------- Alin. (2 ^ 1) of art. 89 89 has been introduced by section 15 15 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (2 ^ 2) Civil servants with special status may be posted on general public offices equivalent to the specific public functions occupied, with the opinion of the National Agency of Public Servants, with the appropriate application of the provisions of par. (1)-(2 ^ 1) and in compliance with the provisions of art. 110. ---------- Alin. (2 ^ 2) of art. 89 89 has been introduced by section 15 15 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (2 ^ 3) Civil servants may also be posted on public offices with special status, with the opinion of the National Agency of Public Servants, in compliance with the provisions of art. 110. ---------- Alin. ((2 ^ 3) of art. 89 89 has been introduced by section 15 15 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (. The public servant may refuse secondment if he is in one of the following situations: ... a) pregnancy; ... b) raise his/her child himself; ... c) the state of health, proven with medical certificate, makes the detachment contraindicated; ... d) the posting is made in a locality where it is not provided with proper accommodation conditions; ... e) is the only breadwinner; ... f) thorough family reasons justify the refusal to act on secondment. ... (4) During the period of posting the civil servant shall keep his public office and salary. If the salary corresponding to the public office on which he is posted is higher, he is entitled to this salary. During posting to another locality the beneficiary public authority or institution is obliged to bear the full cost of transport, taken and returned, at least once a month, of accommodation and posting allowance. ... + Article 90 (. The transfer may take place as follows: ... a) in the interest of the ... b) at the request of the civil servant ... ((. The transfer may be made in a public office for which the specific conditions laid down in the job description are met. ... (3) The transfer in the interest of the service may be made only with the written consent of the transferred public official. In the case of transfer in the interest of the service in another locality, the transferred public official shall be entitled to an allowance equal to the net salary calculated at the level of the salary of the month before the one in which he transfers, transport expenses and a paid leave of 5 days. The payment of these rights shall be borne by the public authority or institution to which the transfer is made, no later than 15 days after the date of approval of the transfer. ... (4) The transfer in the interest of the service is made in a public office of the same category, class and professional degree with public office held by the civil servant or in a public office of lower level. ... ((5) The transfer on request shall be made in a public office of the same category, class and professional grade or in a lower level public office, following the approval of the request for the transfer of the public official by the head of his authority the public institution where the transfer is requested. In this case, the transfer may take place only between public authorities or institutions in the central public administration, between autonomous administrative authorities or, as the case may be, between authorities or public institutions in the local public administration. ... (6) In the case of civil servants, the transfer may be carried out on public management positions of the same level or, where applicable, of a lower level, the conditions of employment and the professional experience required for employment purposes. similar to those of the position on which the transfer is made, in compliance with the provisions of para. ((2), (4) and (5). The authorities or public institutions between which the transfer is carried out shall be obliged to verify the fulfilment of the condition of similarity of employment conditions and professional experience. ... ---------- Alin. ((6) of art. 90 90 has been amended by section 16 16 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (7) Public authorities or institutions are required to ensure the advertising of vacant public functions which may be filled by transfer upon request. If two or more civil servants request the filling of a vacant public office by transfer on request, the selection shall be made on the basis of an interview. ... (8) By exception to the provisions of par. (5), in the case of senior civil servants, the transfer on request may be ordered by the person who has the legal competence for appointment to the public office, at the reasoned request of the high public official and with the approval of the head of his authority the public institution in whose structure the vacant public office is found to be transferred, with the fulfilment of the specific conditions provided for the respective public management or execution function and in compliance with the provisions of par. ((7). ... ---------- Alin. ((8) of art. 90 90 has been introduced by section 17 17 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. + Article 91 ((1) The move within the public authority or institution or within another structure without legal personality of the public authority or institution may be final or temporary. ... (. The definitive move may take place in the following situations: ... a) when it is ordered by the head of the public authority or institution in which the public official operates on an equivalent vacant public office, of the same category, class and, as the case may be, of the same professional degree, or on a public office lower than the specific conditions laid down in the job description. In duly justified cases, the move may be ordered by the head of the public authority or institution, with the distribution of the post corresponding to the position held by the civil servant. In any of the situations the written consent of the civil servant is required; ... b) at the justified request of the public official, with the approval of the head of the public authority or institution, on an equivalent public function, of the same category, class and, as the case may be, at the same professional degree, or on a function publish the lower level holiday for which the specific conditions laid down in the job description are met; ... c) in other situations provided by the legal provisions. ... (3) In the case of senior civil servants, the final move may be ordered by the person who has the legal competence for appointment in public office, at the reasoned request of the high public official and with the approval of the head of his authority the public institution in which the public office of conduction or execution is found to be permanently moved, with the fulfilment of the specific conditions laid down for that public office. ... ((4) The temporary move to another public office shall be ordered, in the interest of the public authority or institution, by the head of the authority or the public institution, on an equivalent public function, of the same category, class and, after case, of the same professional degree, for which the specific conditions laid down in the job description are met or, as the case may be, with the distribution of the post corresponding to the position held by the civil servant, for a maximum period of 6 calendar. ... (5) Exceptionally, the temporary or final move may be requested by the civil servant if the state of health, proven on the basis of a specialized examination, no longer allows him to carry out the activity in that compartment. The temporary or final move is made under the conditions of this law, if the civil servant in question is professionally fit to perform his duties. ... (6) If the move is ordered in another locality, the civil servant shall benefit from the rights provided in art. 90 90 para. ((3). ... (7) The public servant may refuse to move within another structure of the public authority or institution to another locality, if he is in one of the situations provided in art. 89 89 para. ((3). Unjustified refusal constitutes disciplinary misconduct. ... ---------- Article 91 has been amended by section 6.6. 18 18 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. + Article 92 (1) The temporary exercise of a public office of vacant or temporary vacant management is carried out by the temporary promotion of a public official who meets the conditions of studies and seniority in the specialty of studies for the occupation of public office and which does not have an applied disciplinary sanction, which has not been radiated, under the conditions of this law. ... ---------- Alin. ((1) of art. 92 92 has been amended by section 19 19 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. ((1 ^ 1) Exceptionally, on the justified proposal of the head of the public authority or institution in whose state of office there is the public office corresponding to the category of senior civil servants vacant or temporarily vacant, exercising with a temporary nature can be carried out by civil servants or, as the case may be, by civil servants with special status who meet the conditions provided in par. (1), with the opinion of the National Agency of Public Servants. This measure is ordered by administrative act of the person who has the legal competence to appoint to the public office corresponding to the category of senior civil servants, given that, for objective reasons, the public office could not be occupied by mobility. ---------- Alin. ((1 ^ 1) of art. 92 92 has been introduced by section 20 20 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (2) If the public office is vacant, the measure provided in par. (1) shall be ordered by the person who has the competence of appointment in public office, for a maximum period of 6 months in a calendar year, with the opinion of the National Agency of Public Servants. ... ---------- Alin. ((2) of art. 92 92 has been amended by section 21 21 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (3) Exceptionally, the period provided in par. (2) may be extended by a maximum of 3 months, with the opinion of the National Agency of Public Servants, if the public authority or institution has organized a recruitment or promotion contest and the public office has not been occupied, under the law. ... (4) If the public office is temporarily vacant, the measure provided in par. (1) shall be ordered by the person who has the legal competence to appoint to the public office, until the date of termination of the suspension from the public office, the posting of the holder of the public office, until the art. 77 77 para. ((3) lit. c) or, as the case may be, in the event that the public management official exercises a temporary temporary or temporary holiday or from the category of senior civil servants, until the expiry of the period for which was ordered to exercise temporarily, under the law. ... ---------- Alin. ((4) of art. 92 92 has been amended by section 21 21 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (5) If the salary corresponding to the public office that it exercises with a temporary nature is higher, the civil servant shall be entitled to this salary. ... + Article 93 (1) Senior civil servants shall be subject to mobility in office and shall be subject to the availability of appointments in public offices referred to in art. 12, in compliance with art. 16 16 para. ((3). ... (2) Unfounded refusal of the appointments provided in par. (1) draws release from public office. In this situation, the senior civil servant enters the reserve corps of civil servants, benefiting from the right to be redistributed on a public management or holiday execution function, under the conditions of this law. ... ---------- Alin. ((2) of art. 93 93 has been amended by section 22 22 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (3) Public authorities and institutions are required to ensure the settlement of expenses occasioned by mobility, as well as service housing, under the law. ... + Section 2 Suspension of the service report + Article 94 (. The service report shall be suspended by law where the civil servant is in one of the following situations: ... a) is appointed or elected to a function of public dignity, for that period, with the exceptions provided in art. 34 34; *) ... ---------- Lit. a) a par. ((1) of art. 94 94 has been amended by section 4.2 19 19 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. Section 19 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 was repealed by art. V of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. Therefore, lit. a) a par. ((1) of art. 94 94 should return to the form prior to the amendment made by EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. See also the ANFP Opinion reproduced below. a ^ 1) is appointed or elected to a function of public dignity, for that period, with the exceptions provided in art. 34 34; ---------- Lit. a ^ 1) a par. ((1) of art. 94 94 was introduced by section 4.2. 5 5 of art. I of LAW no. 132 132 of 18 July 2012 , published in MONITORUL OFFICIAL no. 498 498 of 19 July 2012, which supplements EMERGENCY ORDINANCE no. 16 16 of 8 May 2012 , published in MONITORUL OFFICIAL no. 314 of 10 May 2012, with art. XV. a ^ 2) is assigned to the cabinet of a dignitary; ---------- Lit. a ^ 2) a par. ((1) of art. 94 94 was introduced by section 4.2. 5 5 of art. I of LAW no. 132 132 of 18 July 2012 , published in MONITORUL OFFICIAL no. 498 498 of 19 July 2012, which supplements EMERGENCY ORDINANCE no. 16 16 of 8 May 2012 , published in MONITORUL OFFICIAL no. 314 of 10 May 2012, with art. XV. b) is assigned to the cabinet of a dignitary; *) ... ---------- Lit. b) a par. ((1) of art. 94 94 has been amended by section 4.2 19 19 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. Section 19 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 was repealed by art. V of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. Therefore, lit. b) a par. ((1) of art. 94 94 should return to the form prior to the amendment made by EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. See also the ANFP Opinion reproduced below. c) is designated by the public authority or institution to carry out activities in the framework of diplomatic missions of Romania or within international bodies or institutions, for the respective period; ... d) carries out union activity for which the suspension is provided under the law; ... e) perform the military internship *), the alternative military service, is concentrated or mobilized; ... Note ... ---------- * *) See Law no. 446/2006 on the preparation of the defence population, published in the Official Gazette of Romania, Part I, no. 990 of 12 December 2006, law which repealed Law no. 46/1996 on preparing the defence population. ---------- f) is remanded in custody or is under house arrest; ... ----------- Lit. f) a par. ((1) of art. 94 94 has been amended by section 4.2 3 3 of art. 40, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. g) perform medical treatment abroad, if the civil servant is not on sick leave for temporary incapacity to work, as well as for accompanying his spouse, as the case may be, of the wife or a relative up to the first degree including, in the law; ... h) is on leave for temporary incapacity to work, for a period of more than one month, under the law; *) ... ---------- Lit. h) a par. ((1) of art. 94 94 has been amended by section 4.2 19 19 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. Section 19 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 was repealed by art. V of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. Therefore, lit. h) a par. ((1) of art. 94 94 should return to the form prior to the amendment made by EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. See also the ANFP Opinion reproduced below. i) quarantine, under the law; ... j) maternity leave, under the law; ... k) is missing, and the disappearance was found by irrevocable court decision; ... l) force majeure; ... m) if the prosecution was ordered for the commission of a crime of the nature of those provided in art. 54 lit. h); ... n) during the administrative research period, if the civil servant who committed a disciplinary misconduct can influence the administrative research, on the reasoned proposal of the discipline commission; ... o) in other cases expressly provided by law. ... (2) Within 15 calendar days before the date of termination of the grounds of suspension of law, but no later than the date of the taking to the attention of the reason of termination of the suspension of law, the civil servant is obliged to inform the person in writing which has the legal competence to appoint in the public office about this fact. Failure to inform the person who has the legal competence to appoint to the public office shall attract the termination of the service report of the public official, except in the cases provided in par. ((1) lit. f), h), i), k) and l). ... (3) The person who has the legal competence to appoint to the public office shall ensure, within 5 days from the expiry of the term provided in par. (2), the conditions necessary for the resumption of activity by the civil servant. ... + Article 95 (. The service report shall be suspended at the initiative of the public official in the following situations: ... a) parental leave of up to 2 years of age or, in the case of the disabled child, until the age of 3 years, under the law; ... b) leave for the care of the sick child aged up to 7 years or, in the case of the disabled child for intercurrent conditions, until reaching the age of 18; ... b ^ 1) accommodation leave; ---------- Lit. b ^ 1) a par. ((1) of art. 95 95 was introduced by art. XIII of LAW no. 57 57 of 11 April 2016 published in MONITORUL OFFICIAL no. 283 283 of 14 April 2016. c) the conduct of an activity within international bodies or institutions, in situations other than those provided in art. 94 94 para. ((1) lit. c); ... d) for participation in the electoral campaign; ... e) for participation in the strike, under the law. ... (2) The service report may be suspended at the reasoned request of the public official, for a legitimate personal interest, in other cases than those provided in par. ((1) and in art. 94 94 para. (1), for a period of between one month and 3 years. * ^ 1), ^ 2) ... ---------- Alin. ((2) of art. 95 95 has been amended by section 20 20 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. Section 20 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 was repealed by art. V of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. Therefore, para. ((2) of art. 95 95 should return to the form prior to the amendment made by EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. See also the ANFP Opinion reproduced below. ((2 ^ 1) Abrogat. * ^ 1), ^ 2) ---------- Alin. (2 ^ 1) of art. 95 95 has been introduced by section 21 21 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. Section 21 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 was repealed by art. V of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. Therefore, para. (2 ^ 1) of art. 95 95 has been removed following the repeal of section 6.6. 21 21 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009 by art. V of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. (3) The application for suspension of the service report shall be made in writing, at least 15 calendar days before the date when the suspension is requested, except for the situation provided in par. ((1) lit. e), when the request for suspension is made 48 hours before the strike is triggered. ... (4) The suspension of the service report is found in the cases provided in par. ((1) and in art. 94 94 para. (1), as well as in other cases regulated by special laws, respectively shall be approved in the case provided in par. ((2), by administrative act of the person who has the competence of appointment in public office. ... (5) Provisions art. 94 94 para. (2) shall also be applied accordingly for the cases referred to in par. ((1) and (2). ... + Article 96 (1) The resumption of activity shall be ordered by administrative act of the person who has the legal competence to appoint to the public office. ... (2) The administrative act establishing, respectively, the suspension of the service report is approved, as well as the one ordering the resumption of activity by the civil servant shall be communicated to the National Agency of Public Servants, within working days from the date of issue. ... (3) During the suspension of the service report, the public authorities and public institutions shall reserve the post related to the public office Its occupation is made, for a fixed period, under the law. During the period of suspension, the service relations of civil servants may not cease and may be amended only on the initiative or with the consent of the public official concerned. ... (4) Period of suspension of service relations under the conditions of art. 94 94 para. ((1) lit. c) and art. 95 95 para. ((1) lit. c) shall be considered as seniority ... + Section 3 Termination of service report + Article 97 The termination of service relations of civil servants shall be done by administrative act of the person who has the legal competence to appoint to the public office and takes place under the following conditions: a) of law; ... b) by agreement of the parties, recorded in writing; ... c) by release from public office; ... d) by dismissal from public office; ... e) by resignation. ... + Article 98 (. The existing service report shall cease from law: ... ---------- The introductory part of para. ((1) of art. 98 98 has been amended by art. III of LAW no. 49 49 of 19 March 2010 , published in MONITORUL OFFICIAL no. 195 195 of 29 March 2010. a) at the time of the death ... b) on the date of irrevocable stay of the court decision declaring the death of the civil servant; ... c) if the civil servant no longer meets one of the conditions provided in art. 54 lit. a), d) and f); ... d) on the date of cumulative fulfilment of the standard age conditions and the minimum contribution period for retirement; ... ---------- Lit. d) a par. ((1) of art. 98 98 has been amended by art. III of LAW no. 49 49 of 19 March 2010 , published in MONITORUL OFFICIAL no. 195 195 of 29 March 2010. e) following the finding of absolute nullity of the administrative act of appointment in public office, from the date on which the nullity was found by final and irrevocable court decision; ... f) when by final court decision the conviction was ordered for a deed provided in art. 54 lit. h) or was ordered to apply a custodial sentence, at the time of the final stay of the decision; ... ---------- Lit. f) a par. ((1) of art. 98 98 has been amended by section 4.2 4 4 of art. 40, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. g) as a result of the prohibition of the exercise of the right to occupy a public office or to exercise the profession or the activity in the execution of which he committed the act, as complementary penalties, or as a result of the prohibition of a profession, as a safety measure, from the date of final stay of the court decision ordering the ban; ... ---------- Lit. g) a par. ((1) of art. 98 98 has been amended by section 4.2 4 4 of art. 40, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. h) on the expiry date of the term in which the public office was occupied for a fixed period ... i) Eliminated; ... ---------- Lit. i) a par. ((1) art. 98 was eliminated as a result of the rejection of the Emergency Ordinance no. 77 77 of 26 June 2013 , published in MONITORUL OFFICIAL no. 393 393 of 29 June 2013 by art. unique from LAW no. 92 92 of 1 July 2014 , published in MONITORUL OFFICIAL no. 500 500 of 4 July 2014. (2) The finding of the case of termination of the service report shall be made, within 5 working days from his intervention, by administrative act of the person who has the legal competence to appoint to the public office. The administrative act by which the termination of the service relations was found shall be communicated to the National Agency of Public Servants, within 10 working days of its issuance. ... + Article 99 (1) The person who has the legal competence for appointment to the public office shall order the release from the public office by administrative act, which shall be communicated to the public official within 5 working days from the issue, in the following cases: ... a) the public authority or institution has ceased its activity or has been moved to another locality, and the civil servant does not agree to follow it; ... b) the public authority or institution reduces its staff as a result of the reorganization of the activity, by reducing the position occupied by the public official ... c) following the admission of the request for reintegration into the public office occupied by the civil servant of a public official issued or unlawfully dismissed or for unfounded reasons, from the date of final and irrevocable stay of the judgment the court by which reintegration was ordered; ... d) for professional incompetence, in case of obtaining the "unsatisfactory" rating at the evaluation of individual professional performances; ... e) the civil servant no longer fulfils the condition provided in art. 54 lit. g); ... f) the state of physical or/and mental health of the civil servant, established by decision of the competent bodies of medical expertise, no longer allows him to perform his duties corresponding to the public office held; ... g) as a result of the unfounded refusal of the high public official of acceptance of the appointment under the conditions of art. 93. ... (2) The situations provided in par. ((1) lit. a)-c) and e)-g) represent reasons not attributable to civil servants. ... ((. In the case of release from public office, the public authority or institution shall be obliged to give public servants 30 calendar days ' notice. ... (4) During the period of notice, the person who has the legal competence to appoint to the public office may grant the person concerned the reduction of the working hours, up to 4 hours daily, without affecting the due salary rights. ... (5) In the cases provided in par. ((1) lit. b), c), and e), during the period of notice, if appropriate vacant public functions exist within the public authority or institution, it has the obligation to make them available to civil servants. ... ---------- Alin. ((5) of art. 99 has returned to official form, due to the cessation of legal effects of EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 of August 29, 2013, following the unconstitutional declaration of this normative act by CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 433 of 17 June 2015. EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 549 of 29 August 2013 was rejected by art. unique from LAW no. 36 36 of 22 March 2016 , published in MONITORUL OFFICIAL no. 220 220 of 24 March 2016. Therefore, para. ((5) of art. 99 returns to the form prior to the amendment made by this emergency ordinance. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 of 17 June 2015, the exception of unconstitutionality regarding the provisions of the Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 17 June 2015 and 1 August 2015, the provisions Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants (including all amendments to this normative act on Law no. 188/1999 republished with subsequent amendments and completions) were suspended by law, ending its legal effects, as of August 2, 2015, as the legislator did not intervene to amend the contested provisions. ---------- (6) In the cases provided in par. ((1) lit. a)-c) and e), if there are no corresponding public vacancies within the public authority or institution, the authority or the public institution has the obligation to request the National Agency of Public Servants, during the notice period, the list public holiday functions. If there is an appropriate public holiday function, identified during the notice period, the civil servant will be transferred in the interest of his or her on-demand service. ... ---------- Alin. ((6) of art. 99 has returned to official form, due to the cessation of legal effects of EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 of August 29, 2013, following the unconstitutional declaration of this normative act by CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 433 of 17 June 2015. EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 549 of 29 August 2013 was rejected by art. unique from LAW no. 36 36 of 22 March 2016 , published in MONITORUL OFFICIAL no. 220 220 of 24 March 2016. Therefore, para. ((6) of art. 58 returns to the form prior to the amendment made by this emergency ordinance. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 of 17 June 2015, the exception of unconstitutionality regarding the provisions of the Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 17 June 2015 and 1 August 2015, the provisions Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants (including all amendments to this normative act on Law no. 188/1999 republished with subsequent amendments and completions) were suspended by law, ending its legal effects, as of August 2, 2015, as the legislator did not intervene to amend the contested provisions. ---------- (7) The public management official shall take priority in filling a vacant public office at the lower level. ... + Article 100 ((1) In case of reorganization of the public authority or institution, civil servants shall be appointed to the new public offices or, as the case may be, in the new compartments in the following cases: ... a) modify the tasks related to a public office less than 50%; ... b) the duties of a compartment are reduced; ... c) the name is changed without changing more than 50% of the tasks related to the public office; ... d) the compartment structure is changed. ... (2) Application of para. ((1) shall be subject to the following criteria: ... a) category, class and, where applicable, the professional degree of the civil servant; ... b) meeting the specific criteria set for public office; ... c) professional training; ... d) have carried out similar activities. ... (3) If there are several civil servants, the examination shall be organized by the public authority or institution. ... ((4) The reduction of a post shall be justified if the tasks related to it change more than 50% or if the specific conditions of employment of that post are amended. ... (5) In case of reorganization of activity by reducing posts, the public authority or institution may not set up posts similar to those abolished for a period of one year from the date of reorganization. ... + Article 101 (1) The dismissal from the public office is ordered, under the conditions of art. 78, by administrative act of the person who has the legal competence of appointment in public office, as a disciplinary sanction applied for reasons attributable to the public official, in the following cases: ... a) for the repeated commission of disciplinary violations or disciplinary misconduct that had serious consequences; ... b) if a legal reason for incompatibility has arisen, and the civil servant does not act to terminate it within a period of 10 calendar days from the date of intervention of the incompatibility case. ... (2) The administrative act provided in par. ((1) shall be communicated to the public official within 5 working days from the date of issue. The communication of the administrative act must be made before the date of dismissal from public office. ... + Article 102 The public official may communicate the termination of service reports by resignation, notified in writing to the person who has the legal competence to appoint to the public office. The resignation shall not be motivated and shall take effect after 30 calendar days after registration. + Article 103 (1) Upon modification, suspension and termination of the service report the civil servant shall have the duty to hand over the works and the goods entrusted to him for the performance of his duties. ... (. At the end of the service report the civil servant shall retain the rights acquired during his career, unless the service report has ceased for reasons attributable to him. ... (3) Civil servants shall enjoy rights from the unemployment insurance budget, if the service reports have ceased to them under the conditions laid down in: ... a) art. 98 98 para. ((1) lit. c), unless the public official no longer meets the condition provided for in art. 54 lit. a); ... b) art. 98 98 para. ((1) lit. e) and h); ... c) art. 99 99 para. ((1). ... + Article 104 (1) The redistribution of civil servants shall be made by the National Agency of Public Servants, as follows: ... ---------- The introductory part of para. ((1) of art. 104 has returned to official form, due to the cessation of legal effects of EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 of August 29, 2013, following the unconstitutional declaration of this normative act by CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 433 of 17 June 2015. EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 549 of 29 August 2013 was rejected by art. unique from LAW no. 36 36 of 22 March 2016 , published in MONITORUL OFFICIAL no. 220 220 of 24 March 2016. Therefore, the introductory part of par. ((1) of art. 104 returns to the form prior to the amendment made by this emergency ordinance. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 of 17 June 2015, the exception of unconstitutionality regarding the provisions of the Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 17 June 2015 and 1 August 2015, the provisions Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants (including all amendments to this normative act on Law no. 188/1999 republished with subsequent amendments and completions) were suspended by law, ending its legal effects, as of August 2, 2015, as the legislator did not intervene to amend the contested provisions. ---------- a) within the public authorities or institutions in the same locality or in a locality at a distance of up to 50 km from the locality of domicile; ... b) within the public authorities or institutions in another county or at a distance of more than 50 km from the locality of domicile, at the request of the public official. ... (2) The redistribution of civil servants is made in a public office of the same category, class and the same professional degree as public office held by the civil servant. ... ---------- Alin. ((2) of art. 104 has returned to official form, due to the cessation of legal effects of EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 of August 29, 2013, following the unconstitutional declaration of this normative act by CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 433 of 17 June 2015. EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 549 of 29 August 2013 was rejected by art. unique from LAW no. 36 36 of 22 March 2016 , published in MONITORUL OFFICIAL no. 220 220 of 24 March 2016. Therefore, para. ((2) of art. 104 returns to the form prior to the amendment made by this emergency ordinance. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 of 17 June 2015, the exception of unconstitutionality regarding the provisions of the Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 17 June 2015 and 1 August 2015, the provisions Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants (including all amendments to this normative act on Law no. 188/1999 republished with subsequent amendments and completions) were suspended by law, ending its legal effects, as of August 2, 2015, as the legislator did not intervene to amend the contested provisions. ---------- ((3) Redistribution may also be made in a vacant lower public office, with the written consent of the civil servant. ... (4) Redistribution in a public management function shall be made in compliance with par. ((2) or, as the case may be, para. ((3) only if the civil servant has performed duties similar to the duties of the public office on which the redistribution is carried out. ... (5) The National Agency of Public Servants shall ensure the redistribution of temporary vacant public functions, following the suspension of the holder for a period of at least one month, of the public servants in the reserve corps who meet the conditions specific to the public office concerned. If there are several civil servants who meet the specific conditions for the occupation of the respective public office, the National Agency of Public Servants shall organize, in collaboration with the public authority or institution within to which the vacant public office is located, a professional test for the selection of the public official to be redistributed. ... (6) The redistribution of civil servants from the reserve corps shall be ordered by order of the President of the National Agency of Civil Servants. ... ---------- Alin. ((6) of art. 104 has returned to official form, due to the cessation of legal effects of EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 of August 29, 2013, following the unconstitutional declaration of this normative act by CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 433 of 17 June 2015. EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 549 of 29 August 2013 was rejected by art. unique from LAW no. 36 36 of 22 March 2016 , published in MONITORUL OFFICIAL no. 220 220 of 24 March 2016. Therefore, para. ((6) of art. 104 returns to the form prior to the amendment made by this emergency ordinance. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 of 17 June 2015, the exception of unconstitutionality regarding the provisions of the Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 17 June 2015 and 1 August 2015, the provisions Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants (including all amendments to this normative act on Law no. 188/1999 republished with subsequent amendments and completions) were suspended by law, ending its legal effects, as of August 2, 2015, as the legislator did not intervene to amend the contested provisions. ---------- (7) The leaders of public authorities and institutions are required to appoint redistributed public servants with permanent or temporary nature. ... ---------- Alin. ((7) of art. 104 has returned to official form, due to the cessation of legal effects of EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 of August 29, 2013, following the unconstitutional declaration of this normative act by CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 433 of 17 June 2015. EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 549 of 29 August 2013 was rejected by art. unique from LAW no. 36 36 of 22 March 2016 , published in MONITORUL OFFICIAL no. 220 220 of 24 March 2016. Therefore, para. ((7) of art. 104 returns to the form prior to the amendment made by this emergency ordinance. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 of 17 June 2015, the exception of unconstitutionality regarding the provisions of the Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 17 June 2015 and 1 August 2015, the provisions Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants (including all amendments to this normative act on Law no. 188/1999 republished with subsequent amendments and completions) were suspended by law, ending its legal effects, as of August 2, 2015, as the legislator did not intervene to amend the contested provisions. ---------- (8) If the heads of public authorities and institutions refuse the classification of civil servants under the conditions of par. ((7), the civil servant may apply to the competent administrative court. ... ---------- Alin. ((8) of art. 104 has returned to official form, due to the cessation of legal effects of EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 of August 29, 2013, following the unconstitutional declaration of this normative act by CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 433 of 17 June 2015. EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 549 of 29 August 2013 was rejected by art. unique from LAW no. 36 36 of 22 March 2016 , published in MONITORUL OFFICIAL no. 220 220 of 24 March 2016. Therefore, para. ((8) of art. 104 returns to the form prior to the amendment made by this emergency ordinance. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 of 17 June 2015, the exception of unconstitutionality regarding the provisions of the Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 17 June 2015 and 1 August 2015, the provisions Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants (including all amendments to this normative act on Law no. 188/1999 republished with subsequent amendments and completions) were suspended by law, ending its legal effects, as of August 2, 2015, as the legislator did not intervene to amend the contested provisions. ---------- + Article 105 (1) The reserve corps consists of civil servants who have been released from public office under the conditions of art. 99 99 para. ((1) lit. a)-c), e) and g) and is managed by the National Agency of Public Servants. ... (2) Public servants leave the reserve corps and lose the status of civil servant in the following situations: ... a) after the term of 2 years from the date of passage into the reserve corps; ... b) if the National Agency of Public Servants redistributes it to a public office the holiday corresponding to graduate studies and professional training, and the civil servant refuses it; ... ---------- Lit. b) a par. ((2) of art. 105 has returned to official form, due to the cessation of legal effects of EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 of August 29, 2013, following the unconstitutional declaration of this normative act by CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 433 of 17 June 2015. EMERGENCY ORDINANCE no. 82 82 of 27 August 2013 , published in MONITORUL OFFICIAL no. 549 549 of 29 August 2013 was rejected by art. unique from LAW no. 36 36 of 22 March 2016 , published in MONITORUL OFFICIAL no. 220 220 of 24 March 2016. Therefore, lit. b) a par. ((2) of art. 105 returns to the form prior to the amendment made by this emergency ordinance. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 351 351 of 7 May 2015 , published in MONITORUL OFFICIAL no. 433 of 17 June 2015, the exception of unconstitutionality regarding the provisions of the Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 17 June 2015 and 1 August 2015, the provisions Government Emergency Ordinance no. 82/2013 for amendment Law no. 188/1999 on the Statute of civil servants (including all amendments to this normative act on Law no. 188/1999 republished with subsequent amendments and completions) were suspended by law, ending its legal effects, as of August 2, 2015, as the legislator did not intervene to amend the contested provisions. ---------- c) employment on the basis of a contract of employment for a period of more than 12 months; ... d) at the request of the civil servant ... + Article 106 (1) If the service report has ceased for reasons that the civil servant considers to be non-valid or unlawful, he or she may ask the administrative court to annul the administrative act by which it was found or ordered termination of the service report, under the conditions and deadlines provided by the Law on Administrative Litigation no. 554/2004, as amended, as well as the payment by the public authority or institution issuing the administrative act of an equal compensation with the indexed, increased and recalculated salaries, and with the other rights to which it would have benefited Public servant. ... (2) At the request of the public official, the court that found the nullity of the administrative act will order its reintegration into the public office ... + Chapter X Final and transitional provisions + Article 107 (1) The public authorities and institutions shall be required to request the National Agency of Public Servants the opinion on public functions in any of the following situations: ... a) the establishment or modification of the public office structure for each authority and public institution, in part, by its head or by decision of the county council or, as the case may be, of the local council, based on the activities provided in art. 2 2 para. ((3); ... b) changing the quality of posts, according to art. 111 111 para. ((1) or (5); ... c) reorganization of the activity of public authority or institution ... (2) The public authorities and institutions shall notify, within 10 working days, the National Agency of Public Servants, in any of the following situations: ... a) the intervention of changes in the structure of public functions within public authorities or institutions, as a result of promotion in the classroom and in the professional degree of civil servants; ... b) the transformation of a vacant public office into a public office with another name or to a public office of lower or higher level, with the classification in the maximum number of posts approved for the public authority or institution and in the funds annual budget allocated. ... (3) The opinion of the National Agency of Public Servants is prior and mandatory in all situations provided in par. ((1). ... (4) If, after obtaining the opinion of the National Agency of Public Servants, the administrative acts establishing measures in the category of those provided in par. (1) are approved with amendments or additions, the main authorising officers of the local public administration are required to communicate to the National Agency of Public Servants these administrative acts, within a maximum of 5 working days from the date of their approval by decision of the local council or, where applicable, by decision of the county council ... (5) In the situation referred to in par. (4), the local public administration authorities may implement the provisions of the local council decision or, as the case may be, of the county council, only after obtaining the opinion of the National Agency of Public Servants In this case, the opinion of the National Agency of Public Servants shall be issued within a maximum of 10 working days from the date of receipt of the administrative acts provided in par. ((4). ... (6) The list of documents necessary for obtaining the opinion of the National Agency of Civil Servants, as well as the manner of their transmission by the public authorities and institutions shall be approved by order of the President of the National Agency Civil servants, which shall be published in the Official Gazette of Romania, Part I. ... ---------- Article 107 has been amended by point 23 23 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. + Article 107 ^ 1 (1) In order to respect the career rights of civil servants, in the normative or administrative acts regarding changes in the organizational structure, reorganizations or abolition of public structures and functions, the authorities and the initiating public institutions of the central and local public administration are obliged to provide for a minimum period of 30 days, in order to apply the legal procedures provided for by this law. ... (2) After the approval of normative acts, under the law, for the structure of public functions resulting under the conditions of par. (1), the authorities and public institutions of the central public administration shall request the opinion of the National Agency of Public Officials, under the conditions provided in art. 107. ... ---------- Art. 107 ^ 1 was introduced by item 24 24 of art. I of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. + Article 108 In administrative-territorial units where persons belonging to a national minority hold a share of more than 20% some civil servants from services who have direct contacts with citizens will also know the language of the respective national minority. + Article 109 The cases that have as object the service report of the civil servant are the competence of the administrative and fiscal section of the tribunal, except for the situations for which it is expressly established by law the competence of other courts. ---------- Article 109 has been amended by art. IV of LAW no. 2 2 of 1 February 2013 , published in MONITORUL OFFICIAL no. 89 89 of 12 February 2013. + Article 110 Public authorities and institutions provided for in art. 5 5 para. (1) have the obligation to harmonize the special statutes with the provisions of this law, in consultation with the opinion of the National Agency of Public Servants. + Article 111 (1) The authorities and public institutions that have provided in the states of functions posts of a contractual nature, which involve the exercise of powers among those provided in art. 2 2 para. (3), have the obligation to establish public functions under the conditions of art. 107 107 *). ... ---------- Alin. ((1) of art. 111 111 has been amended by section 24 24 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. Section 24 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 was repealed by art. V of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. Therefore, para. ((1) of art. 111 111 should return to the form prior to the amendment made by EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. *) See the Note from art. 95 in which the opinion of the National Agency of Civil Servants is reproduced from September 2, 2011. (2) Public holidays, public management functions, as well as public functions corresponding to the category of senior civil servants, established according to par. (1), shall deal under the conditions of this law. ... (3) Persons with an individual employment contract for an indefinite period in contracts of a contractual nature that have been established and approved as public offices shall be appointed to public office of execution if they meet the conditions laid down in art. 54 and the conditions of seniority in the specialty of studies corresponding to the class and professional degree of civil ... (4) The salary rights of persons who occupy public office under the conditions of par. (3) are established according to the salary of the public functions in which they were appointed. ... ((5) Abrogat. *) ... ----------- Alin. ((5) of art. 111 111 has been introduced by section 25 25 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. Section 25 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 was repealed by art. V of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. Therefore, para. ((5) of art. 111 111 has been removed following the repeal of section 6.6. 25 25 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009 by art. V of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. ((6) Abrogat. *) ... ---------- Alin. ((6) of art. 111 111 has been introduced by section 25 25 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. Section 25 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 was repealed by art. V of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. Therefore, para. ((6) of art. 111 111 has been removed following the repeal of section 6.6. 25 25 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009 by art. V of LAW no. 140 140 of 7 July 2010 , published in MONITORUL OFFICIAL no. 471 471 of 8 July 2010. + Article 112 (1) The total number of public management functions within each public authority or institution, except for the public functions of secretary of the administrative-territorial unit/subdivision, head of the prefectural office, as well as the public management positions whose employment is made by posting with staff from the institutions of the defence, public order and national security sector, according to the organization states "Annex M", approved by the Supreme Defence Council of The country is a maximum of 12% of the total number of approved posts. ... ---------- Alin. ((1) of art. 112 112 has been amended by art. 19, Cap. IV of EMERGENCY ORDINANCE no. 18 18 of 16 April 2014 , published in MONITORUL OFFICIAL no. 305 305 of 24 April 2014. ((2) Abrogat. ... ---------- Alin. ((2) of art. 112 112 has been repealed by art. II of EMERGENCY ORDINANCE no. 229 229 of 30 December 2008 , published in MONITORUL OFFICIAL no. 3 3 of 5 January 2009. ((3) Abrogat. ... ---------- Alin. ((3) of art. 112 112 has been repealed by art. II of EMERGENCY ORDINANCE no. 229 229 of 30 December 2008 , published in MONITORUL OFFICIAL no. 3 3 of 5 January 2009. + Article 113 Programs organized to obtain the status of public manager according to art. 70 70 para. ((1) lit. a) are the programs provided by Government Emergency Ordinance no. 56/2004 on the creation of the special status of the civil servant, called public manager, approved with amendments and additions by Law no. 452/2004 , as amended and supplemented, as well as by Law no. 157/2004 on the establishment of the special scholarship "Government of Romania" for the training of public sector managers, as amended. + Article 114 The provisions of this Law shall also apply to the autonomous administrative authorities. + Article 115 By exception to the provisions of art. 18 18 para. (1), the recruitment commission shall be constituted within 60 days from the date of entry into force of this Law, as follows: a) a member appointed for a period of one and a half years; ... b) a member appointed for a period of 3 years; ... c) a member appointed for a period of 4 and a half years; ... d) a member appointed for a period of 6 years; ... e) a member appointed for a period of 7 and a half years; ... f) a member appointed for a period of 9 years; ... g) a member appointed for a period of 10 and a half years. ... + Article 116 The cases having as object the labor disputes in which one of the parties has the status of civil servant, before the courts on the date of entry into force of this Statute, will continue to judge according to the law applicable in the time of court referral. + Article 117 The provisions of this law shall be supplemented by the provisions of the labor law, as well as with the common civil, administrative or criminal law regulations, as the case may be, in so far as they do not contravene + Article 118 On the date of entry into force of this Law, any contrary provisions shall be repealed. + Annex LIST including public functions I. General public functions A. Public functions corresponding to the category of senior civil servants 1. Secretary General of the Government; ---------- Item 1 of the letter. Oh, Cap. I of the Annex was reinstated by the rejection EMERGENCY ORDINANCE no. 3 3 of 11 February 2009 , published in MONITORUL OFFICIAL no. 84 84 of 11 February 2009 by LAW no. 379 379 of 10 December 2009 , published in MONITORUL OFFICIAL no. 870 870 of 14 December 2009. 2. Deputy Secretary General of the Government; ---------- Item 2 of the letter. Oh, Cap. I of the Annex was reinstated by the rejection EMERGENCY ORDINANCE no. 3 3 of 11 February 2009 , published in MONITORUL OFFICIAL no. 84 84 of 11 February 2009 by LAW no. 379 379 of 10 December 2009 , published in MONITORUL OFFICIAL no. 870 870 of 14 December 2009. 3. general secretary of ministries and other specialized bodies of central public administration; 4. Deputy Secretary-General of Ministries and other specialized bodies of the central public administration; 5. Prefect; 6. sub-prefect; 7. Government inspector. B. Public Management Functions 1. general manager of the autonomous administrative authorities, ministries and other specialized bodies of the central public administration; 2. Deputy Director-General of the Autonomous Administrative Authorities, the apparatus of ministries and other specialized bodies of the central public administration; 3. secretary of the county and the city of Bucharest; 4. director of the autonomous administrative authorities, of the apparatus of ministries and other specialized bodies of the central public administration, executive director in the devolved public services of ministries and of other specialized bodies of the central public administration, as well as within the local public administration authorities and their subordinate public institutions; ---------- Item 4 of the letter. B, Cap. I of the Annex has been amended by section 26 26 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. Section 26 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 1.629 1.629 of 3 December 2009 , published in MONITORUL OFFICIAL no. 28 28 of 14 January 2010. Section 26 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 was repealed by section 6.6. 1 1 of art. unique from LAW no. 264 264 of 22 December 2010 published in MONITORUL OFFICIAL no. 872 872 of 28 December 2010. Item 4 of the letter. B, Cap. I from the annex returned to official form. *) See the Note from art. 95 in which the opinion of the National Agency of Civil Servants is reproduced from September 2, 2011. 5. deputy director of the autonomous administrative authorities, the apparatus of ministries and other specialized bodies of the central public administration, deputy executive director of the devolved public services of the ministries and other specialized bodies of the central public administration, as well as within the local public administration authorities and their subordinate public institutions; ---------- Item 5 of the letter. B, Cap. I of the Annex has been amended by section 26 26 of art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. Section 26 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 1.629 1.629 of 3 December 2009 , published in MONITORUL OFFICIAL no. 28 28 of 14 January 2010. Section 26 of the art. I of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 of 6 October 2009 was repealed by section 6.6. 1 1 of art. unique from LAW no. 264 264 of 22 December 2010 published in MONITORUL OFFICIAL no. 872 872 of 28 December 2010. Item 5 of the letter. B, Cap. I from the annex returned to official form. *) See the Note from art. 95 in which the opinion of the National Agency of Civil Servants is reproduced from September 2, 2011. 6. secretary of the municipality, of the sector of Bucharest, of the city and commune; 7. Head of service; 8. Head office. C. Public Execution Functions 1. counselor, legal adviser, auditor, expert, inspector; 2. specialist reviewer; 3. reviewer. NOTE: 1. General public functions other than those referred to in point (a) I, shall be established with the opinion of the National Agency of Public Servants. 2. The public functions provided in lett. B point 1 and 2 can also be established within the public authorities and institutions of the local public administration that have a minimum of 150 posts. 3. The public driving functions referred to in lit. B point 7 7 and 8, as well as the public execution functions provided in lett. C may be state, territorial or local public functions. II. Specific public functions A. Public management functions 1. Chief architect. B. Public execution functions 1. Competition inspector; 2. customs inspector; 3. labour inspector; 4. delegated controller; 5. expert in information technology and telecommunications; 6. Commissioner. C. Other specific public functions 1. public manager. Note ... ---------- NOTE: Specific public functions other than those referred to in point II, may be established by the public authorities and institutions, with the opinion of the National Agency of Public Servants. ---------- Note ... ---------- NOTE: We reproduce below art. IV-XIV of Law no. 251/2006 to amend and supplement Law no. 188/1999 on the Statute of civil servants, published in the Official Gazette of Romania, Part I, no. 574 574 of 4 July 2006, which were not included in the republished form of the Law no. 188/1999 and which continue to apply as own provisions of the Law no. 251/2006 * *): "" Art. IV. --(1) By way of exception to the provisions of this law, during 2006, may participate in the contest organized for the entry into the category of senior civil servants persons who meet the conditions laid down in art. 15 15 para. ((2) lit. a)-c) of Law no. 188/1999 on the Statute of civil servants, republished, as amended, as well as with the amendments and additions made by this Law * *) (2) Until the adoption of the Government decision art. 17 17 para. ((3) of Law no. 188/1999 , republished, as amended, as well as with the amendments and additions brought by this law * **), the contest organized for the entry into the category of senior civil servants is managed by the commission for the recruitment of high civil servants appointed by Prime Minister's Decision no. 38/2006 on the appointment of the Competition Commission and the Commission for the resolution of appeals for the recruitment of senior civil servants, published in the Official Gazette of Romania, Part I, no. 314 314 of 7 April 2006. ... (3) By exception to the provisions of this law, may occupy a public office in the category of senior civil servants persons who have passed the attestation examination, as well as persons who have entered the category of senior civil servants under the conditions of ((1). ... (4) Civil servants who occupy a public office in the category of senior civil servants under the conditions of par. ((3) and civil servants occupying a public office corresponding to the category of senior civil servants who on the date of entry into force of this Law do not meet the condition provided for art. 15 15 para. ((2) lit. d) of Law no. 188/1999 , republished, as amended, as well as with the amendments and completions brought by this law * ***), have the obligation to fulfill this condition within 2 years from the date of entry into force of this law, under penalty of release from public office. ... (5) The condition provided for in art. 51 ^ 1 para. ((7) of Law no. 188/1999 , republished, as amended, as well as with the amendments and additions brought by this law * ****), is not mandatory, for the recruitment of leading public officials, in case of temporary exercise of a function public management, as well as for civil servants occupying a leading public office, for a period of 4 years from the date of entry into force of this law. ... (6) Civil servants referred to in par. ((5) are obliged to fulfil the condition laid down in art. 51 ^ 1 para. ((7) of Law no. 188/1999 , republished, as amended, as well as with the amendments and completions brought by this law * ****), within the stipulated period, under the sanction of release from public office. ... Art. V.-(1) The secretaries of communes who, on the date of entry into force of this Law, do not have higher legal or administrative studies may retain their public office, with the obligation that by December 31, 2010 to fulfill the condition of having bachelor's degree graduates with a diploma, namely long-term higher education, graduated with a bachelor's degree or equivalent, in the legal or administrative specialty, under the sanction of release from public office. (2) By derogation from the provisions of art. IV para. (5) Joint secretaries shall be obliged to fulfil the condition laid down in art. 57 57 para. ((7) of Law no. 188/1999 ... , republished, with subsequent amendments and completions, until December 31, 2012, under the sanction of release from public office. (3) If the contests organized for the public office of management of the secretary of the commune do not present persons who meet the conditions of studies provided in par. (1) and the condition of seniority in the specialty of studies of at least 2 years, may also apply persons who do not meet these conditions, in the following order: ... a) persons who have a bachelor's degree, graduated with a diploma, or long-term higher education, graduated with a bachelor's degree or equivalent, in legal or administrative specialty; ... b) persons who have a bachelor's degree, graduated with a diploma, or long-term higher education, graduated with a bachelor's degree or equivalent, in another specialty; ... c) persons who have secondary education, graduated with a diploma. ... (4) In the situation referred to in par. (3), the occupation of the public office of management of the secretary of the commune is made for a fixed period, with the obligation to organize the contest for its occupation ... ---------- Art. V has been modified by art. I of EMERGENCY ORDINANCE no. 90 90 of 30 June 2009 , published in MONITORUL OFFICIAL no. 457 457 of 1 July 2009. ---------- Note ... ---------- Art. VI. -Condition provided for in art. 51 ^ 1 para. ((7) of Law no. 188/1999 , republished, as amended, as well as with the amendments and completions brought by this law * ****), shall be considered fulfilled for the civil servants who graduated, until the date of entry into force of this Law, programs of training and improvement in public administration, organized by the National Institute of Administration, regional training centers continue for local public administration, as well as other specialized institutions, in the country or abroad, with duration of at least one year, or which, on the date of entry into force of this Law, follows one of the forms of education mentioned, subject to the completion of these studies within the prescribed period. Art. VII. -(1) Within 6 months from the date of entry into force of this Law, at the proposal of the National Agency of Public Servants, by decision of the Government, it is approved: a) the rules on the organization and development of the career of ... b) the rules on the organization and functioning of the discipline commissions; ... c) rules on the organization and functioning of the parity commissions and conclusion of collective agreements; ... d) rules on the mobility of senior civil servants. ... (2) Within 10 months from the date of entry into force of this Law, at the proposal of the National Agency of Public Servants, by decision of the Government, it is approved: ... a) rules on the professional training of civil servants; ... b) the regulation of organization and conduct of specialized training programs provided by this law. ... (3) Until the adoption of the Government decisions provided in par. ((1) lit. a)-c) the provisions shall apply accordingly Government Decision no. 1.209/2003 on the organization and development of the career of civil servants, published in the Official Gazette of Romania, Part I, no 757 757 of 29 October 2003, as amended, and of Government Decision no. 1.210/2003 on the organization and functioning of the discipline commissions and the parity commissions within the public authorities and institutions, published in the Official Gazette of Romania, Part I, no. 757 757 of 29 October 2003. ... Art. VIII. -The procedure for the organization and conduct of competitions, the procedure for the appointment of civil servants and the disciplinary procedure, ongoing on the date of entry into force of this law, shall be completed according to the provisions in force on the date initiating these procedures. Art. IX. -The "exceptional" and "very good" qualifications obtained by civil servants at the evaluation of individual professional performances until the date of entry into force of this law are assimilated with the rating "very good", and the rating "good" is equivalent to the "good" rating. Art. X. --provisions art. 49 ^ 3 of Law no. 188/1999 on the Statute of civil servants, republished, as amended, as well as with the amendments and additions made by this Law * ****), shall not apply to the expenses already committed at the date of entry into force of this Law. Art. XI. -The conditions of seniority of art. 57 57 of Law no. 188/1999 on the Statute of civil servants, republished, as amended, as well as with the amendments and additions made by this Law * *****), does not apply to civil servants who have fulfilled the conditions laid down by law the date of appointment in public office. Art. XII. -(1) In 2006, the promotion to a higher public office holiday is done by competition or examination. (2) In order to participate in the contest for promotion to a public office of execution from the main professional degree, civil servants must meet the following minimum conditions: ... a) have a minimum age of 2 years in the public execution functions of the assistant professional degree, in the class corresponding to the graduate studies; ... b) to have obtained, at the evaluation of the individual professional performances of the last 2 years, at least the "very good" rating; ... c) meet the specific requirements set out in the job description. ... ((3) In order to participate in the contest for promotion to a public office of execution from the higher professional degree, civil servants must meet the following minimum conditions: ... a) have a minimum age of 2 years in the public execution functions of the main professional degree or 4 years in the public execution functions of the assistant professional degree, in the class corresponding to the graduate studies; ... b) to have obtained, at the evaluation of the individual professional performances of the last 2 years, at least the "very good" rating; ... c) meet the specific requirements set out in the job description. ... Art. XIII. -This law shall enter into force 15 days from the date of publication in the Official Gazette of Romania, Part I, except for the provisions of art. 29 29, 56, 57, 58 ^ 1 and ale art. 60 ^ 1 para. ((1) lit. b) of Law no. 188/1999 , republished, as amended, as well as amendments and additions made by this Law * ******), which shall enter into force on 1 January 2007 *). ---------- Note ... ---------- Art. XIV. -On the date of entry into force of this Law, the provisions of XV para. ((2) and (3), art. XVI para. ((4)-(6) as well as the art. XX of Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, public functions and in the business environment, prevention and sanctioning of corruption, published in the Official Gazette of Romania, Part I, no. 279 279 of 21 April 2003, as amended and supplemented, and any other provisions to the contrary shall be repealed. '; ---------- *) See also the provisions of art. XV para. ((1), art. XVI para. ((1)-(3), art. XVII-XIX, art. XXI and art. XXII of Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignity, public functions and in the business environment, prevention and sanctioning of corruption, contained in the Final Note of the first form republished Law no. 188/1999 , published in the Official Gazette of Romania, Part I, no. 251 251 of 22 March 2004. **) Article 15 para. ((2) lit. a)-c) has become, following renumbering, art. 16 16 para. ((2) lit. a)-c). ***) Art. 17 para. (3) has become, following renumbering, art. 18 18 para. ((3). ****) Article 15 para. ((2) lit. d) became, following renumbering, art. 16 16 para. ((2) lit. d). *****) Article 51 ^ 1 para. (7) has become, following renumbering, art. 57 57 para. ((7). ******) Art. 49 ^ 3 became, following renumbering, art. 52. *******) Art. 57 has become, following renumbering, art. 65. ********) Article 29 has become, following renumbering, art. 31; art. 56 has become, following renumbering, art. 64; art. 57 has become, following renumbering, art. 65; art. 58 ^ 1 became, following renumbering, art. 67, and art. 60 ^ 1 para. ((1) lit. b) has become, following renumbering, art. 70 70 para. ((1) lit. b). ---------- -------
