Law No. 188 Of 8 December 1999 Relating To The Status Of Civil Servants

Original Language Title:  LEGE nr. 188 din 8 decembrie 1999 privind Statutul funcţionarilor publici

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Law No. 188 of 8 December 1999 (republished * *) (* updated *) on the status of civil servants) (updated until 12 august 2016 *)-PARLIAMENT ISSUING — — — — —-*) Republished pursuant to art. III of law No. 251/2006 modifying and completing law No. 188/1999 on the status of civil servants, as published in the Official Gazette of Romania, part I, no. 574 of 4 July 2006, posing a new texts.
Law No. 188/1999 on the status of civil servants has been republished in the Official Gazette of Romania, part I, no. 251 of 22 March 2004 and has subsequently been amended by:-Law No. 164/2004 approving Government Emergency Ordinance nr. 123/2003 on wage increases that will grant the budget sector staff, published in the Official Gazette of Romania, part I, no. 446 of 19 May 2004;
-Law No. 344/2004 on modification of article. 27 of law No. 188/1999 on the status of civil servants, as published in the Official Gazette of Romania, part I, no. 674 of 27 July 2004;
-Government Emergency Ordinance nr. 92/2004 regulating the rights and other rights of civil servants for 2005, published in the Official Gazette of Romania, part I, no. on 23 November 2004 1,091, approved with amendments and completions by law No. 76/2005, published in the Official Gazette of Romania, part I, no. 324 of 18 April 2005;
-The State budget law for the year 2005 nr. 511/2004, published in the Official Gazette of Romania, part I, no. 1,121 of 29 November 2004;
-The law on State social insurance budget 2005 nr. 512/2004, published in the Official Gazette of Romania, part I, no. of 30 November 2004 1,128;
-Government Emergency Ordinance nr. 39/2005 on the amendment of art. 84 of law nr. 188/1999 on the status of civil servants, as published in the Official Gazette of Romania, part I, no. 430 of 20 May 2005, which was approved by law No. 228/2005, published in the Official Gazette of Romania, part I, no. 607 of 13 July 2005;
-The State budget law for 2006 nr. 379/2005, published in the Official Gazette of Romania, part I, no. 1,151 of 19 December 2005;
-The law on State social insurance budget for 2006 nr. 380/2005, published in the Official Gazette of Romania, part I, no. 1,150 of 19 December 2005;
-Order No. 2/2006 regulating the rights and other rights of civil servants for 2006, published in the Official Gazette of Romania, part I, no. 57 of 20 January 2006, approved with amendments and completions by law No. 417/2006, published in the Official Gazette of Romania, part I, no. 951 of 24 November 2006;
-Law No. 442/2006 on the amendment of paragraph 3. (2) of article 9. 15 of law No. 188/1999 on the status of civil servants, as published in the Official Gazette of Romania, part I, no. 969 of 4 December 2006.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015, was the plea of unconstitutionality in respect of provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants, finding that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 17 June 2015-august 1, 2015, the provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants (including all changes brought about by this normative act upon law No. 190/1999, republished with amended and supplemented) were suspended by operation of law, having ceased in legal effect, as from 2 august 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I General provisions Article 1 (1) this Act regulates the general status of legal relations between public servants and the State or local public administration through autonomous administrative authorities or by public authorities and institutions of the Central and local public administration, hereinafter referred to as service ratios.
  

(2) the purpose of this law is to ensure, in accordance with the statutory provisions of the public service, a stable, professional, impartial, efficient and transparent in the interest of citizens and of public authorities and institutions from Central and local public administration.
  


Article 2 (1) public function means the body established powers and responsibilities under the law, in order to achieve the prerogatives of public power by the central public administration, local public administration and autonomous administrative authorities.
  

(2) the public Officer is the person named in the law, in a public office. The person who has been released from public office and is located in the Reserve Corps of civil servants retain their status of public servant.
  

(3) the activities carried out by civil servants, involving the exercise of public power, are the following: a) the bringing into force of laws and other normative acts;
  

b) preparation of draft legislative acts and other regulations specific to public authority or institution, as well as securing their endorsement;
  

c) drafting policies and strategies, programs, studies, analyses and statistics necessary for the development and implementation of public policies, as well as the documentation necessary for the execution of the laws in order to achieve the competence of the authority or public institution;
  

d) counseling, public internal control and audit;
  

e) of human resources and management of financial resources;
  

f) collecting debts;
  

g) representing the interests of the public body or authority in its relations with the natural or legal persons governed by public or by private law, within the country and abroad, within the limits of the powers laid down by the head of the institution or public authority, as well as representation in justice of the public authority or institution in which they operate;
  

h) carrying out activities in accordance with the strategy of informatization of the public administration.
  

(4) public functions are set out in the annex to this law.
  

(5) for the purposes of this Act, all civil servants in administrative authorities and within public authorities and institutions from Central and local public administration constitutes the body of civil servants.
  


Article 3 Principles underlying public tenure are: a) legality, impartiality and objectivity;
  

b) transparency;
  

c) efficiency and effectiveness;
  

d) accountability, in accordance with the legal provisions;
  

e) citizen orientation;
  

f) stability in the performance of public service;
  

g) hierarchical.
  


Article 4 (1) of the service and shall be exercised on the basis of the administrative act of appointment issued under the law.
  

(2) the exercise of service activities to be implemented for an indefinite period.
  

(3) exception from paragraph 1. (2) public functions execution temporarily vacant for a period of at least one month can be occupied for a fixed period, as follows: a) through reallocation of public servants from Reserve Corps fulfilling specific conditions for the public service in question;
  

b) fixed-term appointment through competition law, where the body of the book there are civil servants who meet specific requirements to be distribute in accordance with the provisions referred to in subparagraph (a). of the person appointed). in these conditions the status of civil servant earns only over this period and shall not be given to the termination of service of the right to enter in the Reserve Corps of civil servants.
  


Article 5 (1) are eligible for the special civil servants that statutes operates under the following public services: a) of structures of the Romanian Parliament;
  

(b) specialized structures) Presidential Administration;
  

(c) specialized structures) Legislative Council;
  

d) diplomatic and consular services;
  

e) the customs authority;
  

f) police and other structures of the Ministry of Interior and Administrative reform;
  

g) other public services established by law.
  

(2) by special statutes referred to in paragraph 1. (1) you can regulate: a) the rights, duties and specific incompatibilities other than those provided for in this law;
  

(b) specific public functions).
  

(3) in the case of special statutes applicable to the diplomatic and consular services, as well as police and other structures of the Ministry of Interior and Administrative reform, special provisions may govern the provision of the kind referred to in paragraph 1. (2) as well as with respect to their career.
  


Article 6 the provisions of this law shall not apply to:


the contract employee) personnel of the public authorities and institutions, performing secretarial, administrative, protocol, management, maintenance-repair and servicing, security, as well as other staff who did not exercise the prerogatives of public power. The persons occupying these positions do not have the status of civil servant and labour legislation applies;
  

(b) salaried personnel employed,) on the basis of personal trust, the Minister's Cabinet;
  

c) judiciary;
  

d) teachers;
  

e) persons appointed or elected public office positions.
  


Chapter II classification of public functions.
Categories of public servants Article 7 (1) of the public Functions are classified as follows: a) general public offices and public offices;
  

b) public functions of class I, class a public offices, public positions in class III;
  

c) State public functions, public officials and local public offices.
  

(2) the functions of the General Assembly represents the public duties and responsibilities of a general nature and common to all public authorities and institutions, in order to achieve their general skills.
  

(3) specific public functions and responsibilities duties constitutes a whole with some specific authorities and public institutions, established in order to achieve their specific competences, or requiring specific skills and responsibilities.
  

(4) the equivalence of specific public functions the functions of the general public, according to the law, is made by special statutes. 5 para. (1) or at the initiative of public authorities and institutions, the national agency of civil servants.
  


Article 8 (1) of the public Functions of the State are public functions established and approved under the law within the ministries, specialized bodies of central public administration, as well as autonomous administrative authorities.
  

(2) the functions of the territorial public functions are public and approved according to the law, under the Prefect's institution, the decentralized public services of ministries and other bodies of the central public administration territorial-administrative units.
  

(3) local government Functions are public functions established and approved under the law within the apparatus of the local public administration authorities and public institutions subordinated to them.
  


Article 9 public functions are divided into 3 classes, defined in relation to the level of education required employment tribunal service, as follows: a) class I comprises the functions of the public for whose employment require studies undergraduate diploma completed university degree, respectively, graduated with a Bachelor's degree or equivalent;
  

b) class II includes public functions for the employment of which require higher education brief, graduated with a Bachelor's degree;
  

c) third class includes public functions for the employment of which are school studies secondary education respectively, completed his baccalaureate degree.
  


Article 10 (1) After the holder's duties Tribunal level, public functions are divided into three categories as follows: (a) the appropriate category) public functions of senior civil servants;
  

(b) the appropriate category) public officials civil servants;
  

(c) the appropriate category) public officials civil servants.
  

(2) public servants appointed in public functions in classes II and III may only occupy public positions.
  


Article 11 (1) civil servants are beginning or definitivi.
  

(2) can be called beginning public servants persons who have promoted the contest for occupying a public office of professional-grade award.
  

(3) may be appointed civil servants definitivi: beginning of civil servants) who performed the internship period provided for in law and obtained a result corresponding to the assessment;
  

b) persons entering the body of civil servants through competition and who have the required length of employment studies specialty civil service of not less than 12 months, 8 months, 6 months, depending on the level of education completed.
  


Article 12 senior civil servants Category includes persons who are named in one of the following functions: a) general Secretary of Government and Assistant Secretary general of the Government;
  

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Lit. the article) 12 was reinstated in the force by rejecting the EMERGENCY ORDINANCE nr. 3 of 11 February, 2009, published in MONITORUL OFICIAL nr. 84 of 11 February 2009 by law No. 379 on December 10, 2009, published in MONITORUL OFICIAL nr. 870 of 14 December 2009.

b) Secretary general from ministries and other specialized bodies of central public administration;
  

c) prefect;
  

d) Deputy Secretary general from ministries and other specialized bodies of central public administration;
  

subprefect e);
  

f) governmental inspector.
  


Article 13 (1) of the civil servants Category includes persons appointed for driving one of the following functions: a) director-general and Deputy director general from the autonomous administrative authorities, ministries and other specialized bodies of central public administration, as well as in specific public functions treated as such;
  

b) director and Deputy director of the autonomous administrative authorities, ministries and other specialized bodies of central public administration, as well as in specific public functions treated as such;
  

c) Secretary of the territorial-administrative unit);
  

d) executive director and Deputy Executive director of the decentralized public services of ministries and other bodies of the central public administration, territorial-administrative units within the institution of the Commissioner, within the apparatus of the local public administration authorities and public institutions subordinated to them, as well as in specific public functions treated as such;
  

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Lit. d) of paragraph 2. (1) of article 1. 13 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. Point 1 of article 2. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 and ended in legal effect according to the DECISION of the CONSTITUTIONAL COURT No. December 3, 2009, 1,629, published in MONITORUL OFICIAL nr. 28 of January 14, 2010. Point 1 of article 2. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 was repealed by section 1 of article. in accordance with law No. 264 of 22 December 2010, published in MONITORUL OFICIAL nr. 872 dated December 28, 2010.
Lit. d) of paragraph 2. (1) of article 1. 13 returned to form.

e) Chief, as well as in specific public functions similar in nature;
  

f) Chief Office, as well as in specific public functions similar in nature to it.
  

(2) autonomous administrative authorities may be established and public functions under paragraph 1. (1) (a). e) and (f)), and other public functions provided for in the regulations.
  

(3) public functions under paragraph 1. (1) (a). He and may be established) within public authorities and institutions from local public administration that have a minimum of 150 posts.
  


Article 14 (1) of the civil servants Are running class I individuals named in the following functions: Adviser to general public, legal adviser, auditor, expert, inspector, as well as in specific public functions treated as such.
  

(2) civil servants running class II individuals called as general public reviewer, as well as in specific public functions similar in nature to it.
  

(3) Are public servants run class III persons named as general public, as well as in specific public functions similar in nature to it.
  


Article 15 public Functions are structured professional degrees, as follows: (a)), as the maximum level;
  

(b));
  

c) Assistant;
  

d) award.
  


Chapter III Category of senior public servants in article 16 (1) Senior civil servants achieved the top-level management in the central public administration and the autonomous administrative authorities.
  

(2) in order to handle public office corresponding to the category of senior public servants cumulative person must fulfil the following conditions: (a) those referred to in article). 54;
  

b) studies undergraduate diploma completed university degree, respectively, graduated with a Bachelor's degree or equivalent;
  

c) at least 5 years work experience in specialty studies necessary public tenure;
  

d) graduated from specialized training programmes for public officials to a corresponding category of senior public servants or exercised a full parliamentary term);
  

e) promoted the national competition for entrance into the category of senior public servants.
  

(3) for public functions. 12 lit. a), b) and d) may establish specific conditions or specific procedures, in accordance with the law.
  


Article 17 specialized training programmes for public officials to a corresponding category of senior public servants are conducted according to the law.


Article 18


(1) the entry in the category of senior public servants should be made by national contest. Recruiting is done by a permanent, independent Commission, made up of 7 members appointed by decision of the Prime Minister. Commission members have fixed seats for 10 years and half shall be appointed by rotation.
  

(2) persons who have promoted the national competition referred to in paragraphs 1 and 2. (1) can be called in public functions corresponding to the category of senior public servants.
  

(3) the structure, criteria for appointment of members, powers and mode of organisation and functioning of the Commission referred to in paragraph 1. (1) shall be established by decision of the Cabinet of Ministers, on a proposal from the national agency of civil servants.
  


Article 19 (1) Appointment, amendment, suspension, termination of service, as well as disciplinary sanction of senior civil servants are made according to the law, the Government has:) for public functions. 12 lit. a), c) and (e));
  

b) Prime Minister for public functions. 12 lit. b), d) and (f)).
  

— — — — — — — — —-. (1) of article 1. 19 returned to the previous form of the EMERGENCY ORDINANCE nr. 3 of 11 February, 2009, published in MONITORUL OFICIAL nr. 84 of 11 February 2009 by rejecting this regulatory action by the law nr. 379 on December 10, 2009, published in MONITORUL OFICIAL nr. 870 of 14 December 2009.

(2) the appointment in public office under article 9. 12 lit. a), b) and d) is made of people who meet the conditions laid down in article 21. 391. (2) and (3).
  

— — — — — — — — —-. (2) of article 9. 19 returned to the previous form of the EMERGENCY ORDINANCE nr. 3 of 11 February, 2009, published in MONITORUL OFICIAL nr. 84 of 11 February 2009 by rejecting this regulatory action by the law nr. 379 on December 10, 2009, published in MONITORUL OFICIAL nr. 870 of 14 December 2009.

(3) upon release from the public function, senior civil servants have the right to compensation laid down by law, material relating to the unitary system of pay of civil servants.
  


Article 20 (1) individual performance appraisal of senior civil servants is made annually in accordance with the law.
  

(2) overall assessment of senior civil servants is done once every 2 years, to confirm their professional knowledge, skills, and abilities necessary for the exercise of the function.
  

(3) Senior civil servants are required to follow professional development courses on a yearly basis, according to the law.
  

(4) the annual assessment mentioned in paragraph 1. (1) and overall assessment referred to in paragraph 1. (2) shall be made by a Committee of evaluation, whose members are appointed by decision of the Prime Minister, upon proposal of the Minister of Interior and administrative reform.
  


Chapter IV management of public functions and civil servants, section 1 of the national agency of civil servants by article 21 (1) For the creation and development of a professional body of civil servants, impartial and stable, is set up in the Ministry of Interior and Administrative reform, the national agency of civil servants, the specialized body of the central public administration, with legal personality.
  

(2) the national agency of civil servants is led by a President with the rank of Secretary of State, appointed by the Prime Minister, upon proposal of the Minister of Interior and administrative reform. In exercising the functions assigned to the Agency's National President, civil servants issue orders with normative and individual.
  

(3) the national agency of civil servants shall be financed from the State budget.
  


Article 22 (1) of the civil servants Agency shall have the following duties: a) develops policies and strategies concerning the management of public service and public servants;
  

b) develops and advises draft normative acts concerning the public function and civil servants;
  

c) monitors and controls the mode of application of the legislation on public function and civil servants in public institutions and authorities;
  

(d) draw up common rules) applicable to all public authorities and institutions, relating to public functions and instructions concerning the uniform application of legislation in the field of public service and public servants;
  

e) draft law on the establishment of unified system of payroll for civil servants;
  

(f) the criteria for evaluating) determines the activity of civil servants;
  

g) centralizes the proposals for training of civil servants, set out as a result of evaluation on performance of individual civil servants;
  

h) cooperates with the National Institute of Administration in the establishment of) specific topics specialized training programmes in public administration and professional development of public servants;
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see subparagraph (c). b) art. 57, Cap. IX of law No. 329 of 5 November 2009 published in Official Gazette No. 761 of 9 November 2009.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ i) prepares and manages the database containing the records of public functions and civil servants;
  

j) carry out recruitment and promotion for public functions for organising the competition, monitor recruitment and promotion for other public officials, under the present law;
  

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Lit. j) of paragraph 1. (1) of article 1. 22 was amended by section 1 of article. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.
j ^ 1) organize contests or exams for occupying public functions of leadership vacancies, under the conditions laid down in article 21. 58;
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Lit. j ^ 1) para. (1) of article 1. 22 was introduced by section 2 of art. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.
j ^ 2) suspend the Organization and conduct of the competitions, according to the law;
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Lit. j ^ 2) of para. (1) of article 1. 22 was introduced by section 2 of art. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

k) carry out the redistribution of public servants who have ceased employment service for reasons not attributable to them;
  

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Lit. k) of paragraph 1. (1) of article 1. 22 he returned to form, due to the cessation of the legal effects of the EMERGENCY ORDINANCE nr. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013, following the lodgement of this normative act unconstitutional by CONSTITUTIONAL COURT DECISION No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015.
EMERGENCY ORDINANCE No. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013 has been rejected by art. in accordance with law No. 36 of 22 March 2016, published in MONITORUL OFICIAL nr. 220 of 24 March 2016. Therefore, lit. k) of paragraph 1. (1) of article 1. 22 returns to the form referred to above to the amendment made by this emergency Ordinance.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015, was the plea of unconstitutionality in respect of provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants, finding that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 17 June 2015-august 1, 2015, the provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants (including all changes brought about by this normative act upon law No. 190/1999, republished with amended and supplemented) were suspended by operation of law, having ceased in legal effect, as from 2 august 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ it) assists and co-ordinates methodologically HR compartments within the authorities and institutions of Central and local public administration;
  

m) participate in the negotiations between the trade unions representing civil servants and the Ministry of Interior and Administrative reform;
  

n) collaborates with organizations and with international organisations in its field of activity;
  

an annual) draw up consultation with public authorities and institutions, the Employment Plan of public functions, which shall submit it to the Government *);
  

p) annual report shall be drawn up in respect of the management of public functions and civil servants, the Government;
  

q) finds contraventions and sanctions applied in accordance with the law.
  

(2) the national agency of civil servants meets any other duties determined by law.
  

(3) the national agency of civil servants has active procedural legitimation and refer the matter to the competent administrative court with respect to: (a) acts whereby the authorities) or public institutions violate laws concerning the public function and civil servants, established as a result of their activity;
  


b) refusal of public authorities and institutions to apply the legal provisions in the field of public service and public servants.
  

(4) the Act pursuant to paragraph 1 attacked. (3) is suspended by operation of law.
  

(5) the President of the national agency of civil servants may seize and prefect in connection with unlawful acts issued by local authorities or public institutions.
  


Article 22 ^ 1 national agency of civil servants suspend the Organization and conduct of the competition or, where appropriate, of the exam in the following cases: a) in a situation where it is seised and is found to have not met the legal conditions for the Organization and holding of competitions for recruitment and promotion functions within public authorities and public institutions;
  

(b) the authority or public institution) has not passed the national agency of civil servants employment plan public functions under the provisions of art. 23 para. (4) and (5);
  

(c) the public authority or institution) which organizes the competition or exam has not obtained the opinion of the national agency of civil servants under the provisions of art. 107. — — — — — — — — — — Art. 22 ^ 1 was introduced by point 3 of article 1. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.


Article 23 (1) employment plan sets out: (a) public functions) the maximum number of public functions reserved for the promotion of civil servants;
  

b) maximum number of public functions that will be reserved in order to promote rapid;
  

c) maximum number of public functions which will be filled by recruitment;
  

d) maximum number of public functions which will be set up;
  

e) maximum number of public functions as they undergo reorganization;
  

f) maximum number of public functions on each class, category and grade;
  

g) maximum number of leading public functions and public functions corresponding to the category of senior public servants.
  

(2) the employment plan is drawn up annually to public functions, in consultation with the unions representing public servants, as follows: a) by the national agency of civil servants on the basis of proposals by parent, authorising officers for public authorities and institutions of public administration;
  

b) by the mayor or, where appropriate, by the President of the County Council, through the device, the authorities and institutions of local public administration.
  

(3) the employment plan is drawn up centralized public functions on each principal credit and instructing on each institution controlled or financed by his budget.
  

(4) In the situation referred to in paragraph 1. (2) (a). the employment plan), of public functions are approved by decision of the Government. In the situation referred to in paragraph 1. (2) (a). b) plan for employment of public functions are approved by decision of the local Council, the County Council.
  

(5) to the authorities and institutions of local public administration, the employment plan public functions shall be sent to the national agency of civil servants with 45 days prior to the date of approval. The national agency of civil servants ' irregularities in its structure, the public authorities or institutions have the obligation to modify the project plan for the employment of public functions, based on observations of the national agency of civil servants, in accordance with the legal provisions.
  


Article 24 the current human resources Management and public functions is organized and carried out, within each of the authorities and public institutions, by a specialized compartment, which collaborates directly with the national agency of civil servants.


Section 2 of the public functions and Records of civil servants by article 25 (1) of the civil servants Agency administers the national records of public functions and civil servants, based on the data submitted by the authorities and public institutions.
  

(2) the evidence of public functions and civil servants in each public institutions or authorities, in accordance with the format established by the national agency of civil servants. Authorities and public institutions are obliged to transmit the national agency of civil servants all the information contained in the records of public functions and civil servants.
  

(3) in order to ensure efficient management of human resources and for the pursuit of public functionary career, public authorities and institutions shall set up the folder for each public servant.
  

(4) the standard format of the records of public functions and civil servants, as well as the professional content of the file shall be set by decision of the Cabinet of Ministers, on a proposal from the national agency of civil servants.
  


Article 26 (1) of the public authorities and institutions responsible for compiling and updating of dossiers of civil servants and ensure their safe.
  

(2) In case of transfer or termination of service, authority or public institution shall retain a copy of the professionally and handed out the original public functionary, signature-based.
  

(3) the authorities and public institutions are required to communicate to the national agency of civil servants, within 10 working days after any change occurs in the case of civil servants.
  

(4) persons who have access to the data contained in the records of public functions and civil servants, as well as to the professional public functionary are required to maintain the confidentiality of personal data, in accordance with the law.
  

(5) at the request of the public officer or public authority, the institution is obliged to issue a document certifying the work done by him, length of service, vocational and function in public.
  


Chapter V rights and duties section 1 Rights of public servants in article 27 (1) the right to opinion of civil servants is guaranteed.
  

(2) it is prohibited any discrimination between public officials based on political, trade-union membership, religious beliefs, ethnic origin, gender, sexual orientation, social background, material status or any other such.
  


Article 28 public Servant is entitled to be informed of the decisions taken pursuant to the present Statute and that they are concerned directly.


Article 29 (1) the right of Trade Union Association of civil servants is guaranteed.
  

(2) civil servants may freely establish trade union organizations, to join them and to exercise any mandate within them.
  

(3) where the senior civil servants or public officials who have the status of authorising officers by are elected to the governing bodies of the trade union organizations, these are required within 15 days of the election to the governing bodies of the trade union organizations to opt for one of the two functions. If the public servant chooses to conduct activity in function of the Union organisations, reports of its service will be suspended for a period equal to that of the mandate as the leading trade union organization.
  

— — — — — — — — —-. (3) art. 29 was changed by section 1 of article. in EMERGENCY ORDINANCE No. 125 of 8 October 2008, published in MONITORUL OFICIAL nr. 694 of 13 October 2008.
(3 ^ 1) Public servants other than those referred to in paragraph 1. (3) I can hold simultaneously the and function in the organs of the unions, with the obligation of compliance with the regime of incompatibilities and conflicts of interest which may be applicable to them.
— — — — — — — — —-. (3 ^ 1), art. 29 was introduced by section 2 of art. in EMERGENCY ORDINANCE No. 125 of 8 October 2008, published in MONITORUL OFICIAL nr. 694 of 13 October 2008.

(4) civil servants may associate in professional organizations or other organizations aimed at protecting professional interests.
  


Article 30 (1) civil servants are recognized the right to strike, in accordance with the law.
  

(2) public servants who lie on strike do not receive salary and other rights of salary during the strike.
  


Article 31 (1) to work, civil servants are entitled to a salary composed of: (a) basic salary);
  

b) bonus for seniority of work;
  

c) repealed;
  

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Lit. c) of paragraph 2. (1) of article 1. 31 was deleted from point 14 of article. 49, Cap. Vi framework LAW No. 330 from November 5, 2009, published in MONITORUL OFICIAL nr. 762 of 9 November 2009.

d) repealed.
  

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Lit. d) of paragraph 2. (1) of article 1. 31 was deleted from point 14 of article. 49, Cap. Vi framework LAW No. 330 from November 5, 2009, published in MONITORUL OFICIAL nr. 762 of 9 November 2009.

(2) civil servants shall receive the salary and other rights under the law.
  

(3) the remuneration of civil servants shall be in accordance with the provisions of the law on the establishment of the unitary salary system for civil servants.
  


Article 32 public officials who, by law, are required to wear a uniform during the service we get for free.


Article 33 (1) normal working time for civil servants is usually 8 hours per day and 40 hours per week.
  


(2) For hours worked from the driver's disposition authority or public institution over the normal duration of working time or during holiday times declared non-working days civil servants entitled to performance or the payment of recovery increased with an increase of 100 per cent of basic salary. Number of hours paid with 100% of the bonus may not exceed 360 in a URan.* Note) ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) until 31 December 2005, the provisions concerning the granting of additional hours were suspended by Emergency Ordinance of Government No. 92/2004 regulating the rights and other rights of civil servants for 2005, approved with amendments and completions by law No. 76/2005.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 34 (1) public officers may be elected or appointed in a position of public dignitaries, according to the law.
  

(2) Senior civil servants and public officials driving can be appointed in public dignity functions only upon termination, in accordance with the law, of service.
  

(2 ^ 1) Notwithstanding paragraph 1. (2) civil servants driving can be appointed in public dignity functions within public institutions or authorities from central public administration in which it operates, as well as from public authorities or institutions which come under the hierarchical relations with it.
— — — — — — — — —-. (2 ^ 1), art. 34 was introduced by section 5 of art. 1 of law No. 132 of 18 July 2012, published in MONITORUL OFICIAL nr. 498 of 19 July 2012, complementing the EMERGENCY ORDINANCE nr. 16 of 8 may 2012, published in MONITORUL OFICIAL nr. 314 dated 10 may 2012, with art. XV. (3) Senior public servants and public servants can run for leadership positions of dignity in public only after termination, in accordance with the law, of service.
  


Article 35 (1) public officials are entitled, under the law, to annual leave, medical leave, and other leave.
  

(2) Repealed.
  

— — — — — — — — —-. (2) of article 9. 35 was repealed by lit. d) art. 39 of law No. framework 284 of 28 December 2010 published in Official Gazette No. 877 dated December 28, 2010.


Article 36 in the period of leave, the maternity leave and for increasing child care, and employment service cannot be terminated and cannot be amended only on the initiative of public functionary concerned.


Article 37 authorities and public institutions have a duty to ensure that public servants work conditions and hygiene in order to protect the health of them and physical and psychological integrity.


Article 38 civil servants benefit from medical care, prostheses and drugs, according to the law.


Article 39 civil servants benefit from pensions, and other social insurance rights, according to state law.


Article 40 (1) in the event of the death of public functionary, the family members, who under the law are entitled to survivor's pension, receive over a period of 3 months basic salary equivalent of the last month of activity of public functionary.
  

(2) where the decision for the survivor's pension has not been issued by the fault of the institution or public authority within three months from the date of death, it will continue to pay the rights referred to in paragraph 1. (1) pending the decision for the survivor.
  


Article 41 (1) civil servants shall exercise their data protection law.
  

(2) the authority or public institution is obliged to ensure the protection of public functionary, threats of violence, the facts of outrage to which they might be victim in exercising public function or in connection therewith. In order to guarantee this right, authority or public institution will request the assistance of bodies empowered by law.
  

(3) Special Measures of protection for civil servants involved in the inspection, control and execution of the budget, as well as claims for other categories of civil servants who carry out activities with a high degree of professional risk shall be determined by normative acts on a proposal from the national agency of civil servants or by the public authorities and institutions, with the opinion of the national agency of civil servants.
  


Article 42 the authority or public institution is obliged to compensate the public's servant in a situation where it has suffered due to the authority or public institution, material injury during the performance of job duties.


Section 2 of the public service Duties of article 43 (1) civil servants are required to carry out with professionalism, impartiality and in accordance with the law, the duties of the Office and to refrain from any act that could harm the natural or legal persons civil servants Corps prestige times.
  

(2) public servants are obliged to support the leadership proposals and initiatives of the subordinate staff motivated, to improve the activity of the public body or authority in which they operate, as well as the quality of public services provided to citizens.
  

(3) civil servants have the duty to respect the rules of professional conduct and civic as provided by law.
  


Article 44 (1) civil servants are forbidden to occupy leadership positions in the structures or organs, elected or appointed, of political parties, as defined in their statutes, the organizations to which it applies the same legal regime as political parties or associations of foundations that operate on times around.
  

(2) Senior civil servants are forbidden to belong to political parties, organizations to which it applies the same legal regime as political parties or from foundations associations that work on times around.
  

(3) civil servants have an obligation that, in exercising their powers, to refrain from expressing or manifesting convictions public and their political preferences, not to favor any political party or organization to whom it is applicable to the same legal regime as political parties.
  


Article 45 (1) civil servants are responsible under the law for the performance of their obligations from public office they hold, as well as the duties delegated to them.
  

(2) a public Officer is required to comply with the provisions of the hierarchical superiors received.
  

(3) a public Servant is entitled to refuse in writing and reasoned, fulfilling the provisions given by the hierarchical superior shall, if it deems illegal. If that which issued a disposition in writing, formulate public servant is obliged to execute, unless it is manifestly illegal. Public officer has the duty to bring to their attention to the authority of the person issuing the disposal of such situations.
  


Article 46 public officials have the obligation to keep state secret, the secret service, and confidentiality in relation to facts, information or documents who acquire knowledge in the performance of public service, in accordance with the law, with the exception of information of public interest.


Article 47 (1) civil servants are forbidden to ask or accept, directly or indirectly, for themselves or for others, in consideration of their public function, gifts or other advantages.
  

(2) the appointment in public office as well as at the termination of service, civil servants are required to submit, in accordance with the law, public authority or organization driver Declaration of wealth. Declaration of wealth are updated on an annual basis, according to the law.
  


Article 48 (1) civil servants are required to resolve, within the time limits set by the hierarchical superiors, the work assigned to it.
  

(2) civil servants are forbidden to receive direct requests whose solution falls within their competence or to discuss directly with petenţii, with the exception of those for which they were established, and also powers to intervene to resolve such claims.
  


Article 49 public officials have the obligation to respect strictly the legal regime of the conflict of interests and incompatibilities, as determined by law.


Section 3 further training of public servants Article 50 civil servants have the right and obligation to continuously improve their skills and training.


Article 51 (1) of the public authorities and institutions are required to provide in its own annual budget of amounts needed to cover the costs of professional training of civil servants organized by the authority or interest or in public institutions.
  

(2) the period during which public officials follow the forms of professional training, receive proper salary rights, where these are organised at the initiative of the times) in the interest of the public body or authority;
  

b) followed by the public functionary, with the consent of the public authority or institution of the driver.
  


(3) civil servants who follow the forms of professional training, the duration of which is more than 90 days in a calendar year, organized in the country or abroad, financed from the State budget or local budgets, are obliged to engage in writing that they will work in public administration between 2 and 5 years after the completion of the programmes, in proportion to the number of days of professional training If no programme is provided for another period.
  

(4) civil servants who followed the forms of professional development under the conditions of paragraph 1. (3) the employment relationship is terminated, the service according to the provisions of article 3. 97 lit. b), d) and (e)), art. 98 para. (1) (a). f) and (g) of article) or 99 para. (1) (a). d), before reaching the time limit specified shall be obliged to repay the equivalent value of the cost of improvement, as well as, where appropriate, pay received during the period, calculated in accordance with the law in proportion to the period remaining until expiry.
  

(5) the provisions of paragraphs 1 and 2. (4) does not apply where a public servant no longer holds public office for reasons not attributable to it.
  

(6) where people who follow a form of professional development, but have not achieved their fault, shall be obliged to reimburse the institution or public authority, the equivalent value of the cost of improvement, and outstanding pay claims received during the period, calculated in accordance with the law, if they were incurred by the authority or public institution.
  


Article 52 does not constitute forms of professional training and may not be financed from the State budget or the budget of the local university studies or doctoral studies.


Article 53 the authorities and public institutions are under obligation to notify the national agency of civil servants, in accordance with the law, the plan of professional training of civil servants, as well as the funds provided for in the annual budget for the costs of professional training of civil servants, organized at the initiative of the time in the interest of public authority or institution.


Chapter VI Career civil servants civil servants Recruitment Section 1 Article 54 May occupy a public office any person who meets the following conditions: (a) Romanian citizenship) and domiciled in Romania;
  

b) knows the language Romanian, written and spoken;
  

c) aged not less than 18 years old;
  

d) has full capacity of exercise;
  

e) has a corresponding public health tool for campaigning, attested on the basis of specialized medical examination;
  

f) satisfies the conditions of studies prescribed by law for public office;
  

g) satisfies the conditions for civil service employment;
  

h) has not been convicted of committing a crime against humanity, against the State or against authority, corruption and crimes, offences which impede the administration of Justice, crimes of forgery or of an offence committed with intent that would make it incompatible with public service;
  

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Lit. h) of art. 54 amended by art. 72, of title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.

I) was not fired from a public office or has not ceased contract work for disciplinary reasons over the last 7 years;
  

j) has not held political police activity, as defined by law.
  


Article 55 precised and temporarily vacant public functions can only be made under the present law.


Article 56 the occupation of public functions is done by: a) promotion;
  

(b));
  

c) redistribution;
  

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Lit. c) art. 56 reverted to form, due to the cessation of the legal effects of the EMERGENCY ORDINANCE nr. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013, following the lodgement of this normative act unconstitutional by CONSTITUTIONAL COURT DECISION No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015.
EMERGENCY ORDINANCE No. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013 has been rejected by art. in accordance with law No. 36 of 22 March 2016, published in MONITORUL OFICIAL nr. 220 of 24 March 2016. Therefore, lit. c) art. 56 returns to its previous shape considered the amendment made by this emergency Ordinance.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015, was the plea of unconstitutionality in respect of provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants, finding that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 17 June 2015-august 1, 2015, the provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants (including all changes brought about by this normative act upon law No. 190/1999, republished with amended and supplemented) were suspended by operation of law, having ceased in legal effect, as from 2 august 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ d) recruitment;
  

e) other ways provided for by this law.
  


Article 57 (1) Recruiting for entry into the public service shall be made by competition, within the limits of public functions vacancies reserved for this purpose employment plan for public functions.
  

(2) the conditions of participation and organization of the competition procedure shall be determined by law.
  

(3) the competition is based on the principles of open competition, transparency, competence and merit, as well as that of equality of access to public functions for every citizen who satisfies the conditions laid down by law.
  

(4) notification of the contest will be published in the Official Gazette of Romania, part III, and in a daily newspaper of wide circulation, with at least 30 days before the date of realisation. Exceptionally, the period of 30 days may be reduced in accordance with the law, for the contest organized for the purpose of employment public functions execution temporarily vacant.
  

(5) the minimum requirements of the specialty studies necessary to participate in the contest organised for the recruitment of public functions of execution shall be determined as follows: a) a year in specialty studies necessary public tenure for public functions of running professional grade Assistant in class I, 8 months for occupying public functions execution of professional-grade teaching assistant grade II or 6 months for occupying public functions of running professional grade Assistant in class III;
  

b) 5 years in specialty studies necessary public tenure for public functions of running professional degree;
  

c) 9 years in specialty studies necessary public tenure for public functions of running higher professional degree.
  

(6) the minimum requirements of the specialty studies necessary to participate in the contest organised for the recruitment of public leadership functions shall be determined as follows: a) 2 years in specialty studies necessary public tenure for public leadership functions: Head Office, Head Office and Secretary of the commune), as well as specific public functions are treated as such;
  

b) 3 years in specialty studies necessary public tenure for public leadership functions, other than those referred to in points. a).
  

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Lit. b) of paragraph 2. (6) article. 57 was amended by paragraph 4 of art. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(7) For participation in the contest organised for recruiting public functions of management, candidates must have completed a master's or postgraduate studies in the field of public administration, management or in specialty studies necessary public tenure *).
  


Article 58 (1) recruitment Contest for vacant public functions from the central public authorities and institutions shall be organised in accordance with the law, as follows: a) by the Commission under article 9. 18 paragraph 1. (1) for senior civil servants. Technical secretariat of the Commission shall ensure that the national agency of civil servants;
  

b) by the national agency of civil servants, public functions for General and specific driving;
  

c) by public authorities and institutions, with the opinion of the national agency of civil servants, public functions for General and specific performance.
  

(2) recruitment Contest for public holidays from public authorities and institutions of local public administration is organised in accordance with the law, as follows:
  


the National Agency) of civil servants, for public leadership functions in the following areas: child protection, computerized records of a person, public internal audit, finance and accounting, architecture, urban planning and human resources, European integration, for secretaries, administrative-territorial units, as well as for the execution of public functions in the field of public internal audit;
  

b) by public authorities and institutions for precised, other than those referred to in points. a). (3) In the situation referred to in paragraph 1. (2) (a). (b)), the authorities and institutions of local public administration are obliged to inform the national agency of civil servants with at least 10 days before the start of the procedure for organizing and conducting contests. The Agency notes that civil servants are not fulfilled the legal conditions governing the organisation and conduct of the competitions has to postpone or suspend the organisation and realisation.
  

(4) the national agency of civil servants may delegate authorities or public institutions, according to the law, the competence to organise recruitment competitions for occupying public functions of General and specific driving.
  

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Art. 58 was modified by paragraph 4 of article 1. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. Paragraph 4 of article 1. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 and ended in legal effect according to the DECISION of the CONSTITUTIONAL COURT No. December 3, 2009, 1,629, published in MONITORUL OFICIAL nr. 28 of January 14, 2010. Paragraph 4 of article 1. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 was repealed by section 1 of article. in accordance with law No. 264 of 22 December 2010, published in MONITORUL OFICIAL nr. 872 dated December 28, 2010.
Art. 58 returned to form.

(4) the notice shall include the following: a identification of public functions) vacancies by name, category, class and, where appropriate, professional-grade, as well as the compartment;
  

b) conditions of specialized studies and, where appropriate, other specific conditions set out in the job description for each vacant public office;
  

c proposed date) for organizing the contest.
  

(5) within 10 days, the national agency of civil servants shall verify in the database concerning public functions and records of public servants if there are civil servants who meet the conditions to be distribute.
  

— — — — — — — — —-. (5) article. 58 returned to form introduced by law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 July 8, 2010, due to the cessation of the legal effects of the EMERGENCY ORDINANCE nr. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013, following the lodgement of this normative act unconstitutional by CONSTITUTIONAL COURT DECISION No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015.
EMERGENCY ORDINANCE No. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013 has been rejected by art. in accordance with law No. 36 of 22 March 2016, published in MONITORUL OFICIAL nr. 220 of 24 March 2016. Therefore, paragraph 2. (5) article. 58 returns to its previous shape considered the amendment made by this emergency Ordinance.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015, was the plea of unconstitutionality in respect of provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants, finding that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 17 June 2015-august 1, 2015, the provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants (including all changes brought about by this normative act upon law No. 190/1999, republished with amended and supplemented) were suspended by operation of law, having ceased in legal effect, as from 2 august 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (6) given that there are public servants who may be you are breaking, the national agency of civil servants shall notify the public authorities and institutions responsible for the designation of a procedural representative, public servant, in the Commission. Person responsible for the procedure checks the legal conditions for organizing and conducting competitions and other appropriate activities and meets the membership in the Commission.
  

— — — — — — — — —-. (6) article. 58 returned to form introduced by law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 July 8, 2010, due to the cessation of the legal effects of the EMERGENCY ORDINANCE nr. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013, following the lodgement of this normative act unconstitutional by CONSTITUTIONAL COURT DECISION No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015.
EMERGENCY ORDINANCE No. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013 has been rejected by art. in accordance with law No. 36 of 22 March 2016, published in MONITORUL OFICIAL nr. 220 of 24 March 2016. Therefore, paragraph 2. (6) article. 58 returns to its previous shape considered the amendment made by this emergency Ordinance.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015, was the plea of unconstitutionality in respect of provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants, finding that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 17 June 2015-august 1, 2015, the provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants (including all changes brought about by this normative act upon law No. 190/1999, republished with amended and supplemented) were suspended by operation of law, having ceased in legal effect, as from 2 august 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (7) the person in charge of the matter proceeding expeditiously with the national agency of civil servants in the event of non-compliance by the authorities and public institutions, the procedure for organizing and conducting contests. On the basis of the analysis made by the person responsible for the referral procedure, the national agency of civil servants suspend organisation and realisation.
  

(8) the person responsible for the procedure can be appointed within the national agency of civil servants or the prefect institution, on the basis of proposals from the school prefects.
  

— — — — — — — — —-. (4) to (8) of article 1. 58 were introduced by section 5 of art. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.


Article 59 the competition for admission to the programmes organized under the law for the public manager status are organized and managed by the institutions are empowered by law to organize such programs, with the opinion of the national agency of civil servants.


Section 2 of the internship period in article 60 (1) the period of the internship aims at checking the professional skills in the performance of duties and responsibilities of a public office, training of public servants, school teachers as well as knowledge of the specifics of the public administration and its requirements.
  

(2) the duration of the internship is for 12 months for public servants running in class I, 8 months for those in class II and 6 months for those in class III.
  


Article 61 (1) at the end of the internship, based on the outcome of the assessment made, public servant award will be: a) run civil servant called in the appropriate class, completed studies in public functions. 14 in professional grade Assistant;
  

b) dismissed from public office, where she obtained in the assessment of the activity of "inappropriate".
  


(2) in the case referred to in paragraph 1. (1) (a). b) period of traineeship shall not constitute the required seniority for a public office.
  


Section 3 of the public service Appointment Article 62 (1) appointment to public functions of category of senior public servants shall be in accordance with the provisions of art. 19 para. (1) and (2) the appointment of the public functions for the contest article. 58 para. (1) (a). b) is made by the administrative act issued by public institutions or authorities, leaders from Central and local public administration on the proposal of the national agency of civil servants.
  

— — — — — — — — —-. (2) of article 9. 62 was amended by section 6 of article. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(3) appointment to public functions for the contest article. 58 para. (1) (a). c) is done through the administrative act of the public authorities and institutions from Central and local public administration who organized the contest.
  

— — — — — — — — —-. (3) art. 62 was amended by section 6 of article. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(4) the Administrative Act of appointment has written form and must contain the legal basis of the appointment, the name of the public officer, the public, the date from which they are to exercise their public function, pay, and the place of business.
  

(5) the job description relating to the civil service shall be attached to the administrative act of appointment, and a copy thereof shall be given to public functionary.
  

(6) the entry in the body of public servants, the official oath of allegiance within 3 days from the issuance of appointment in the final. The oath has the following formula: "I swear to respect the Constitution, fundamental rights and freedoms of man, to apply fairly and without bias laws of the country, to conscientiously fulfil my duties in public office in which I was appointed, to maintain professional secrecy and to respect the rules of professional conduct and civic. So help me God. " The religious formula of discharge will respect freedom of religious conviction.
  

(7) the oath referred to in paragraph 1. (6) shall be recorded in writing. The refusal of the oath shall be recorded in writing and shall entail the revocation of an administrative act of appointment in public office. The obligation of the oath organization belongs to the person who has legal jurisdiction of appointment.
  


Section 4 of the promotion of civil servants and professional performance evaluation Article 63 career public servant, can promote the public function, in accordance with the law. Promotion in the classroom and promoting the professional degrees are not conditional on the existence of a vacancy.
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Art. 63 was amended by section 1 of article. 41 Framework Act No. 284 of 28 December 2010, published in MONITORUL OFICIAL nr. 877 dated December 28, 2010.


Article 64 (1) promoting how career development through a public office.
  

(2) promoting the public function run in higher professional degree immediately held by the public officer shall be made by competition or exam, held on a semi-annual basis by the public authorities and institutions, through the transformation of the post occupied by the public servant as a result of the promotion or contest examination. The job description of public functionary who has promoted public function is completed with new duties and responsibilities or, where appropriate, by increasing the complexity of the tasks performed.
  

— — — — — — — — —-. (2) of article 9. 64 was modified by point 7 of article. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.


Article 65 (1) Contest or promotional exam in professional degree is organised by the authority or public institution, within the limits of public functions reserved to the promotion, with the budgetary funds allocated for employment.
  

— — — — — — — — —-. (1) of article 1. 65 was amended by section 8 of article. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(2) to participate in the contest or promotion examinations in higher professional degree immediately held, public official must meet the following conditions: (a) (b) cumulatively) to have at least 3 years of service in the professional degree of public service from which it promotes;
  

b) repealed;
  

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Lit. b) of paragraph 2. (2) of article 9. 65 has been repealed by section 2 of art. 41 Framework Act No. 284 of 28 December 2010, published in MONITORUL OFICIAL nr. 877 dated December 28, 2010.

c) have obtained at least "good" at the annual evaluation of the individual performance in the last 2 calendar years;
  

d) does not have the administrative disciplinary penalty record neradiată under this law.
  

— — — — — — — — —-. (2) of article 9. 65 was amended by section 8 of article. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(3) public servants who do not meet the conditions laid down for promotion to seniority in rank immediately higher professional owned may participate in the contest organized in accordance with the law, in order to promote in public function *).
  

(4) the provisions of art. 58 para. (2) and (3) shall apply accordingly.
  

— — — — — — — — —-. (4) article. 65 was introduced by point 9 of article. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.


Article 66 to participate at the contest promotion in public management, public servants must fulfil the following conditions: (a) (b) cumulatively) are graduates of master's or postgraduate studies in the field of public administration, management or in specialty studies necessary public tenure;
  

(b)) to be appointed in public office of class I;
  

c) meets the requirements specified in the job description;
  

d) satisfy the conditions laid down in article 21. 57 paragraph 3. (6);
  

e) does not have the administrative disciplinary penalty record neradiată under this law.
  


Article 67 be repealed.
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Art. 67 it was repealed by section 3 of article 9. 41 Framework Act No. 284 of 28 December 2010, published in MONITORUL OFICIAL nr. 877 dated December 28, 2010.


Article 68 (1) as a result of acquiring a diploma of superior studies, civil servants have the right execution to attend an exam for public office in a higher class than that in which they are employed, if studies are completed in the specialty in which they operate or if the Authority considers that the times public institution completed studies are useful for activity.
  

— — — — — — — — —-. (1) of article 1. 68 was amended by paragraph 10 of article 10. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(2) promotion under the terms of paragraph 1. (1) is made by turning the station occupied by the public servant as a result of the promotion exam.
  

(3) promotion in the classroom cannot do on public office of auditor or legal counsel.
  

— — — — — — — — —-. (3) art. 68 was introduced by the pct, article 11. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.


Article 69 (1) individual performance appraisal of civil servants shall be made annually.
  

(2) the assessment of the performance of individual public servant is given one of the following qualifiers: "very good", "good", "satisfactory", "unsatisfactory".
  

(3) in the assessment of Professional Qualifications obtained are envisaged: (a)) repealed;
  

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Lit. of paragraphs 1 to 5). (3) art. 69 was repealed by paragraph 4 of art. 41 Framework Act No. 284 of 28 December 2010, published in MONITORUL OFICIAL nr. 877 dated December 28, 2010.

b) promotion in public office upper;
  

c) release from public office.
  

(4) in the process of performance appraisal of civil servants shall be determined requirements for training of civil servants.
  

(5) the methodology for assessing the performance of individual civil servants are approved by decision of the Government on the proposal of the national agency of civil servants, after consultation with the trade union organizations of public servants, which are representative at national level.
  


Section 5-the System of promotion in the Article 70 (1) can benefit from the system of promotion in public office: a) people who have graduated from programs organized in accordance with the law, in order to obtain the status of manager;
  

b) public officials who promoted the contest; 65 paragraph 1. (3)*).
  

(2) can participate in the competition referred to in paragraphs 1 and 2. (1) (a). b) civil servants that meet cumulatively the following criteria: a) to have at least 1 year in the professional degree of public service from which it promotes;
  

b) have obtained the rating "very good" in the assessment of individual performance from last year;
  

c) do not have the administrative disciplinary penalty record neradiată under this law;
  

d) followed at least some form of professional training in the last year).
  

(3) for the quick promotion; 65 paragraph 1. (3) is organized annually by the national agency of civil servants, the limit on the number of vacancies reserved for promoting fast *).
  


Article 71


(1) the period during which a person has attended programs organized in accordance with the law, in order to obtain the status of the public manager is treated as internship period.
  

(2) in the case of the programmes referred to in paragraph nepromovării. (1) the period of traineeship shall not constitute the necessary studies specialty occupation public functions nor the public function.
  


Chapter VII collective agreements. The parity Commission Article 72 (1) of the public institutions and Authorities may conclude annually, according to the law, agreements with unions representing public servants or with the representatives of civil servants, which contain only measures concerning: (a) the establishment and use of funds) aimed at improving conditions in the workplace;
  

b) health and safety at work;
  

c) daily working schedule;
  

d) further training;
  

e) measures other than those prescribed by law and relating to the protection of the elect in the governing bodies of the trade union organizations.
  

(2) where the Union is not representative or public servants are not organised in the Union, the agreement shall be concluded with the representatives of civil servants in that authority or public institution designated in accordance with the law.
  

(3) the authority or public institution shall provide the Trade Union representative or representatives of public officials the information needed for the conclusion of agreements concerning the relationship of service, in accordance with the law.
  


Article 73 (1) within the framework of public authorities and institutions shall constitute the parity committees.
  

(2) The composition of the Joint Commission shall enter into an equal number of representatives designated by the head of the institution or public authority and the Union representing public servants. Where the Union is not representative or public servants are not organised in the Union, their representatives will be appointed by a majority vote of the public officials of that authority or public institution.
  

(3) the procedure for the formation, establishment and operation of joint committees, as well as the composition, tasks and working procedure thereof shall be established by decision of the Cabinet of Ministers, on a proposal from the national agency of civil servants.
  


Article 74 (1) of the parity Committees are consulted in the following situations: (a) the establishment of measures) improvement of the activity of public authorities and institutions for which they are established;
  

(b) in establishing any measures) relating to the training of public servants if their costs are covered from budgetary funds;
  

(c) the establishment of programme) work by the head of the public body or authority;
  

d) other situations provided by law.
  

(2) in exercising the functions of the parity committees, issue advisory opinions.
  

(3) Standing Committees pursue joint realization of agreements made between the representative trade unions or representatives of public servants with the authorities or public institutions.
  

(4) the Commission shall draw up different reports on the observance of the provisions of the agreements concluded in accordance with the law, which shall communicate it to the management authority or public institution, as well as the leadership of the unions representing public servants.
  


Chapter VIII liability for disciplinary Sanctions of public functionaries and Article 75 Violations by public officials, with guilt, the duties of service attract disciplinary, administrative, civil or criminal, as appropriate.


Article 76 (1) any person who considers himself aggrieved in his own right or a legitimate interest may apply to court, according to the law, against the public authority or institution that issued the Act or who refused to settle the claim a subjective right or legitimate interest.
  

(2) if the action is allowed and is found guilt of civil servant, the person concerned will be obliged to pay damages, jointly with the authority or public institution.
  

(3) the liability of the public functionary cannot engage if it has complied with the legal provisions and administrative procedures applicable to the public authority or institution in which they operate.
  


Article 77 (1) Violating with guilt by public officers of the appropriate public service duties they hold and the rules of professional conduct and the civic authority of law constitutes misconduct and disciplinary penalties.
  

(2) the following acts shall constitute disciplinary: a) systematic delay in carrying out the work;
  

b) negligence in dealing with repeated work;
  

c) absences from work;
  

d) repeatedly disregard of the work programme;
  

e) interventions or stăruinţele to resolve applications outside of the legal framework;
  

f) failure to comply with professional secrecy or the confidentiality of the work with this character;
  

g) events which affect the prestige of the institution or public authority in which they operate;
  

h) conduct during working hours of certain political activities;
  

I) refusal to perform duties;
  

j) breach of legal duties, conflicts of interest, incompatibilities and prohibitions laid down by law for civil servants;
  

k) other facts referred to as disciplinary in the normative acts in the field of public service and public servants.
  

(3) the disciplinary Sanctions are: (a) written reprimand;)
  

b) lessening of the 5-20% for a period of up to three months;
  

(c) suspension of duty) advancement in the ranks of salary or, where appropriate, to promote in public office for a period of 1 to 3 years;
  

d) demotion in public office for a period of up to one year.
  

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Lit. d) of paragraph 2. (3) art. 77 was amended by section 5 of art. 41 Framework Act No. 284 of 28 December 2010, published in MONITORUL OFICIAL nr. 877 dated December 28, 2010.

(e) dismissal from public office).
  

(4) The disciplinary sanction will individualize considering causes and seriousness of the irregularity, the circumstances in which it was committed, the degree of guilt and consequences of deviation, the General behavior during the public functionary service as well as the existence in its history to other disciplinary sanctions which have not been removed under this law.
  

(5) disciplinary Sanctions shall be applied no later than one year from the date of referral to the Disciplinary Committee with regard to the irregularity, but not later than 2 years from the date the offence was committed.
  

(6) if the deed of public functionary received as misconduct and that offence, disciplinary liability engagement procedure shall be suspended until the layout of dropping the times ranking prosecution or until the date on which the Court has payment, waiving the application of the death penalty, delaying the application of the death penalty or the cessation of the criminal process.
  

— — — — — — — — —-. (6) article. 77 was modified by section 1 of article. 40, title II of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(7) during the period of research administration, the public servant who committed misconduct may influence the administrative investigation, the head of the public body or authority has the obligation to prohibit its access to documents that could affect the investigation or, where appropriate, of moving the temporary public functionary within another compartment or other structures of the times public institution.
  


Article 78 (1) the disciplinary Sanction laid down in art. 77 para. (3) (a). He can be applied directly) by the person who has legal jurisdiction for appointment to the position.
  

(2) the disciplinary Penalties referred to in article 1. 77 para. (3) (a). b)) shall apply to a person who has legal jurisdiction to appoint the public function, the Commission's proposal of discipline.
  

(3) the disciplinary Penalties may not be applied until after the preliminary investigation of the offence committed and after hearing the public functionary. Hearing the public functionary shall be recorded in writing, on pain of nullity. The refusal of public functionary to be present at the hearings or to sign a statement concerning disciplinary misbehaviour that imputations shall be recorded in the minutes.
  


Article 79 (1) to analyse the facts as disciplinary appellate and disciplinary sanction proposal applicable to civil servants in public institutions or authorities constitutes the discipline committees.
  

(2) Disciplinary Committee and one representative of the representative trade union organization or, where appropriate, a representative appointed by majority vote of the public service for which the Disciplinary Committee is organized, where the Union is not representative or public servants are not organised in the Union.
  

(3) the Disciplinary Committee may designate one or more members and, where appropriate, may require control compartments within the public institutions or authorities to investigate the facts and to submit the results of the appealed activity.
  

(4) Disciplinary Committee for senior civil servants is made up of 5 senior civil servants, appointed by decision of the Prime Minister, upon proposal of the Minister of Interior and administrative reform.
  


(5) the procedure for the formation, organisation and functioning of boards of discipline, as well as the composition, powers, procedure and referral thereof shall be established by decision of the Cabinet of Ministers, on a proposal from the national agency of civil servants.
  


Article 80 public discontent with Official sanction may address the Court of administrative law, requiring cancellation or amendment, as applicable, of the order or disposition of business.


Article 81 (1) to highlight the public functionary disciplinary situation, the national agency of civil servants will release a criminal record, according to the database which it administers.
  

(2) the administrative Record is an act which comprises the public functionary disciplinary penalties applied and which have not been removed.
  

(3) the administrative Record is necessary in the following cases: (a) the appointment of a public officer) as a member of the Commission of competition for the recruitment of civil servants;
  

(b) the appointment of a public officer) as President and member of the Disciplinary Committee;
  

(c) the appointment of a public officer) as a member of the parity Commission;
  

d) an appropriate category of senior public officials civil servants or public officials driving category;
  

e) in any other circumstances prescribed by law.
  

(4) the administrative Record is issued at the request of: (a) public functionary concerned);
  

(b) the driver's body or authority) in which they operate;
  

(c) the Disciplinary Committee President);
  

d) other persons prescribed by law.
  


Article 82 (1) disciplinary Sanctions shall be deleted from the law, as follows: a) within 6 months of application, disciplinary sanction laid down in art. 77 para. (3) (a). a);
  

b) within one year after the expiry of the period for which they have been applied in disciplinary sanctions. 77 para. (3) (a). b)-d);
  

c) within 7 years of application, the penalty provided for in art. 77 para. (3) (a). e). (2) the termination of the disciplinary sanctions specified in paragraph 2. (1) (a). ) and (b)) is established through administrative action of public authority or institution.
  


Article 83 (1) contravention Liability of public servants is committed if they have committed an irregularity during and in connection with the service.
  

(2) the minutes of the contravention and the penalty may apply to public servant with the complaint with the District Court in whose constituency is located in the authority or public institution that is named public officer punished.
  


Article 84 the civil liability of public functionary shall undertake: (a)) in respect of the Authority's heritage with guilt or public institution that works;
  

b) for lack of timely legal reply to amounts that have been wrongly granted;
  

c) for damages paid by the authority or public institution, as principal, third parties, pursuant to a judicial decision final and irrevocable.
  


Article 85 (1) repair damage to public body or authority in the cases referred to in article 1. 84 lit. ) and b) are available by issuing authority or by the head of the public institution of an order or imputation provisions, within 30 days after becoming aware of the damage, or, where appropriate, by taking on a commitment for payment, and the situation referred. c) of the same article, on the basis of final and irrevocable judgment.
  

(2) against the order or disposition of the public servant concerned imputation may apply to the administrative court.
  

(2 ^ 1) The order or disposition of remaining final imputation as a result of the rejection of the action at times neintroducerii administrative court shall be enforceable.
— — — — — — — — —-. (2 ^ 1), art. 85 was introduced by art. 34 of the law No. 76 of 24 may 2012, published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(3) the right of the driver or the public institution to issue the order or disposition of imputation be brought within three years from the date of the damage.
  


Article 86 (1) liability of public functionary for crimes committed during or in connection with the duties of public service which it occupies is committed according to criminal law.
  

(2) if the public officer is sent to court for committing a crime of the kind referred to in article 1. 54 lit. (h)), the person who has legal jurisdiction of appointment in public office will suspend public functionary from a public function on hold.
  

(3) where it was willing to dispense with the ranking or the prosecution waiving payment times or sentencing times to defer application of the death penalty, as well as in the event of termination of criminal process, suspension from public function ceases, and the public officer concerned will resume his duties in public office previously owned and will be paid the outstanding pay claims relating to pay for the period of suspension.
  

— — — — — — — — —-. (3) art. 86 was amended by paragraph 2 of article 9. 40, title II of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) where the conditions are not fulfilled for the commitment of criminal liability, and the deed of public functionary can be considered misconduct, will be notified by the competent disciplinary committee.
  

(5) at the time of moving criminal action, where the public can influence research officer, the person who has the power of appointment in public office is obliged to order the temporary relocation of civil servant in another compartment or other structures without legal personality of public institution times.
  

— — — — — — — — —-. (5) article. 86 was amended by paragraph 2 of article 9. 40, title II of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter IX amendment, suspension and termination of service section 1 of Amendment 87 Article service (1) mobility in the public service is carried out by changing of service, as follows: a) to streamline the work of the public authorities and institutions;
  

b) repealed;
  

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Lit. b) of paragraph 2. (1) of article 1. 87 was repealed by item 12 of article. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

c) in the interest of public functionary, for career development in public office.
  

(2) the amendment of service of civil servants and public officials driving takes place through: a) delegation;
  

b) detachment;
  

(c));
  

d) within or moving the public institution or within other structures without legal authority or public institution, under the present law;
  

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Lit. d) of paragraph 2. (2) of article 9. Amended 87 of point 13 of article. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

e) temporary exercise of a public office.
  

(3) Repealed.
  

— — — — — — — — —-. (3) art. 87 was repealed by point 14 of article. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.


Article 88 (1), the delegation of ordering authority or in the interest of the institution in which the public servant is employed for a period of not more than 60 days in a calendar year.
  

(2) a public Officer may refuse the delegation if they are in one of the following situations: a) pregnancy;
  

b) grow minor child;
  

c) health, proven with medical certificate makes it contraindicated delegation.
  

(3) the delegation for a period of more than 60 calendar days during a calendar year, it may order only with the written consent of public functionary.
  

(4) official delegation during the public retains public function and salary, and the authority or public institution that you delegate is obliged to bear the full cost of transportation, accommodation and allowance for delegation.
  


Article 89 (1) post ordering in the interest of public authority or institution in which to conduct business in any public officer for a period not exceeding 6 months. In the course of a calendar year, a public official can be detached for more than 6 months only with his consent.
  

(2) Posting it can dispose of training if the public functionary powers and responsibilities correspond to the public function, observing the class, the class and the public functionary. Posting can be equipped on public leadership, with the provisions of art. 92 para. (2) If a public servant meets the conditions of education and work experience in specialty studies and if there is within the authority or public institution officials who pursue temporary public function. A public servant can be posted to the public office, only with his consent.
  


(2 ^ 1) Exceptionally, posting can be equipped on a public function of category of senior public servants, pursuant to the provisions of art. 92 para. (1 ^ 1), if the public servant meets the conditions for study and work experience in specialty studies necessary public tenure under the present law. In this case, the posting is available through the administrative act of the person who has legal jurisdiction of appointment of public servants occupying public functions of category of senior public servants, on a proposal from the driver or the public institution in which to conduct business by public officer seconded.
— — — — — — — — —-. (2 ^ 1), art. 89 was introduced by point 15 of article 2. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.
(2 ^ 2) Civil servants with special status can be detached on general public functions equivalent to specific public functions, with the opinion of the national agency of civil servants, with the proper application of the provisions of paragraph 1. (1) to (2 ^ 1) and in compliance with the provisions of art. 110. — — — — — — — — —-. (2 ^ 2) of art. 89 was introduced by point 15 of article 2. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.
(2 ^ 3) Civil servants can be detached and on public officials in particular, with the opinion of the national agency of civil servants, in compliance with the provisions of art. 110. — — — — — — — — —-. (2 ^ 3) of art. 89 was introduced by point 15 of article 2. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(3) a public Officer may refuse the posting if they are in one of the following situations: a) pregnancy;
  

b) grow minor child;
  

c) health, proven with medical certificate makes it contraindicated posting;
  

d) posting is done in a town where not appropriate conditions will be ensured;
  

e) is the only întreţinător of the family;
  

f serious family reasons) justifies the refusal to grant the posting.
  

(4) the period of the posting public servant maintains public function and salary. Public function if the corresponding wage which is posted is greater, he shall be entitled to this. During a breakaway in other public authority or institution beneficiary is obliged to bear the full cost of them transport, went and came back at least once a month, the price of accommodation and relocation allowance.
  


Article 90 (1) transfer may take place as follows: a) in the interest of the service;
  

b) at the request of public functionary.
  

(2) the transfer can be done in a public office for which specific conditions are set out in the job description.
  

(3) the transfer is in the interest of the service can only be made with the written consent of a public officer to be transferred. In the case of transfer in the interests of the service in other public servant, transferred shall be entitled to an allowance equal to net salary calculated at the salary levels in the month preceding the month in which you want to transfer, to cover all costs to a paid vacation for 5 days. Payment of such duties shall be borne by the public authority or institution to which the transfer is made within a period not exceeding 15 days from the date of approval of the transfer.
  

(4) the transfer for the benefit of the service is done in a public office for the same category, class and professional degree with public office held by the public servant or a public office of lower level.
  

(5) the transfer on request is done in a public office for the same category, class and professional grade or a lower-level public office, following approval of the request for transfer of civil servant by the head of the public body or authority to which the transfer is sought. In this case, the transfer can only take place between authorities or public institutions in central public administration, between the autonomous administrative authorities or, as the case may be, between the authorities or public institutions in local public administration.
  

(6) in the case of civil servants, the transfer of leadership can be achieved on public leadership functions at the same level or, where appropriate, lower level, whose conditions of employment and work experience needed for employment are similar to those of the tool on the transfer, in compliance with the provisions of paragraphs 1 and 2. (2), (4) and (5). Public institutions or authorities between transfer are required to check the fulfilment of the condition of similarity of conditions of employment and professional experience.
  

— — — — — — — — —-. (6) article. 90 was amended by paragraph 16 of article. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(7) the authorities or public institutions are required to ensure that the advertising of public functions vacancies cannot be filled by transfer upon request. In the event that two or more public servants requesting a public office vacancies through transfer to the application, the selection is made on the basis of the interview.
  

(8) Notwithstanding the provisions of paragraphs 1 and 2 of the. (5) in the case of senior public servants, transfer on request it is possible to dispose of the legal person, who has the power of appointment in public office, at the request of the high public official and with the approval of the institution or public authority as ruler in whose structure can be found on the vacant to be transferred, with the specific conditions laid down for the management or execution, and in compliance with the provisions of paragraphs 1 and 2. (7).
  

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Alin. (8) article. 90 was introduced by the pct, article 17. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.


Article 91 (1) the transfer under the authority or public institution or within other structures without legal authority or public institution can be final times.
  

(2) moving the final can take place in the following situations: a when ordering) by the head of the public body or authority that operates the public servant's public office vacant equivalent of the same category, class and, where appropriate, by the same professional grade or public office vacant lower level for which specific conditions are set out in the job description. In duly justified cases, it may order the move driven by the leader of the authority or public institution, with the allocation of the appropriate job description tool owned by the public servant. In any of the situations is required written consent of public functionary;
  

b) at the request of the public officer justified, with the approval of the institution or public authority driver, on a public holiday, the same equivalent category, class and, where appropriate, to the same degree, professional or public office vacant lower level for which specific conditions are set out in the job description;
  

c) in other cases stipulated by laws.
  

(3) in the case of senior public servants, may be moving definitively dispose of the legal person, who has the power of appointment in public office, at the request of the high public official and with the approval of the institution or public authority as ruler of the public function of managerial or vacant on execution to be moved permanently, with the specific conditions laid down for public office.
  

(4) a temporary Move to another public office shall be motivated in the interest of public authority or institution, by the head of the authority, the public institution's times public office vacant, equivalent of the same category, class and, where appropriate, by the same professional-grade, for which specific conditions are set out in the job description or, where appropriate, with the allocation of the appropriate job description tool owned by public servant for a period not exceeding 6 months in a calendar year.
  

(5) in exceptional cases, temporary or definitive move may be requested by public servant where health, as evidenced on the basis of an examination of professional competence, no longer allows activity in that compartment. Moving the temporary or definitive is done under the present law, if a public officer concerned is fit to professional duties.
  

(6) If the move ordering in other servant, public benefit from the rights provided for in art. 90 para. (3) and (7) a public Officer may refuse to move in other structures of authority or public institution in the other, if they are in one of the situations referred to in article 1. 89 para. (3) refusal unjustifiably constitutes misconduct.
  

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Art. 91 was amended by the pct, article 18. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.


Article 92 (1) temporary Exercise of a public office or temporary driving vacations vacations can be achieved through the promotion of a public official who satisfies the conditions of education and work experience in specialty studies for public function and no disciplinary sanction applied, which has not been cancelled, under the present law.
  

— — — — — — — — —-. (1) of article 1. 92 was amended by the pct, article 19. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(1 ^ 1) Exceptionally, the elaborated proposal of public authority or institution of the ruler in whose State functions there are public function corresponding to the category of senior public servants vacant or temporarily vacant, temporary exercise of it may be carried out by public servants or, where appropriate, of civil servants with special status which satisfies the conditions laid down in paragraph 1. (1) on the advice of the national agency of civil servants. This measure shall be ordered by the administrative act of the person who has legal jurisdiction of appointment in the appropriate category of senior public servants, who, for objective reasons, the public could not be occupied by mobility.
— — — — — — — — —-. (1 ^ 1), art. 92 was introduced by the pct, article 20. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(2) If the proposed measure is vacant, at para. (1) ordering the person who has the power of appointment in public office for a period not exceeding 6 months in a calendar year, with the opinion of the national agency of civil servants.
  

— — — — — — — — —-. (2) of article 9. Amended 92 of point 21 of the art. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(3) by way of exception, the period referred to in paragraph 1. (2) may be extended by a maximum of 3 months, with the opinion of the national agency of civil servants, if the authority or public institution organized the contest for recruitment or promotion and public function was not occupied, in accordance with the law.
  

(4) If public function is temporarily vacant, the measure provided for in paragraph 1. (1) ordering the person who has legal jurisdiction to appoint the public function, up to the date of termination of the suspension from public office holder, the public function of the deployment, up to the termination of the disciplinary sanction. 77 para. (3) (a). c) or, where appropriate, in the event that the public servant leadership exerts temporary public office of another leading vacant or temporarily vacant or in the category of senior public servants, until the expiry of the period for which they have ordered temporary exercise, in accordance with the law.
  

— — — — — — — — —-. (4) article. Amended 92 of point 21 of the art. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(5) if the wage corresponding to the Tribunal on the temporary is higher, the public servant is entitled to this.
  


Article 93 (1) Senior civil servants are subject to the mobility and availability upon presenting the appointments of public functions. 12, in compliance with the provisions of art. 391. (3) (2) the refusal of the baseless appointments referred to in paragraph 1. (1) release from the draw. In this situation, the high public servant enters the body of civil servants with the right to redistribute it on a public office or run for the vacancy, under the present law.
  

— — — — — — — — —-. (2) of article 9. amended 93 of point 22 of article. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(3) the authorities and public institutions are required to provide reimbursement, such as entailed by mobility and housing service in accordance with the law.
  


Section 2 of the report of the service Suspension Article 94 (1) the ratio of the service will be suspended by operation of law when a public official is in one of the following situations: a) is appointed or elected in a function of public dignitaries, during that period, with the exceptions laid down in article 21. 34;*)
  

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Lit. of paragraphs 1 to 5). (1) of article 1. Amended 94 of point 19 of article. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. PCT, article 19. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 was repealed by article. V of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.
Therefore, lit. of paragraphs 1 to 5). (1) of article 1. 94 should return to the previous form of the change brought about by EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. See NCSA's opinion is reproduced below.
the ^ 1) is appointed or elected in a function of public dignitaries, during that period, with the exceptions laid down in article 21. 34;
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Lit. the ^ 1) para. (1) of article 1. 94 was introduced by section 5 of art. 1 of law No. 132 of 18 July 2012, published in MONITORUL OFICIAL nr. 498 of 19 July 2012, complementing the EMERGENCY ORDINANCE nr. 16 of 8 may 2012, published in MONITORUL OFICIAL nr. 314 dated 10 may 2012, with art. XV. ^ 2) is employed at a dignitary;
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Lit. the ^ 2) of para. (1) of article 1. 94 was introduced by section 5 of art. 1 of law No. 132 of 18 July 2012, published in MONITORUL OFICIAL nr. 498 of 19 July 2012, complementing the EMERGENCY ORDINANCE nr. 16 of 8 may 2012, published in MONITORUL OFICIAL nr. 314 dated 10 may 2012, with art. XV. b) is covered by a Cabinet official; *) — — — — — — — — — — Lit. b) of paragraph 2. (1) of article 1. Amended 94 of point 19 of article. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. PCT, article 19. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 was repealed by article. V of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.
Therefore, lit. b) of paragraph 2. (1) of article 1. 94 should return to the previous form of the change brought about by EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. See NCSA's opinion is reproduced below.

c) is designated by the authority or public institution to undertake work in the embassies of Romania times within international bodies or institutions, for that period;
  

d) activity for which Trade Union is provided for the suspension of the law;
  

e) performs military service military service), Alternatively, is focused or mobilized;
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see Law No. 446/2006 on preparing the population for defence, published in the Official Gazette of Romania, part I, no. 990 of 12 December 2006, the Bill that repealed the law. 46/1996 concerning the preparation of the defence population.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ f) is arrested or preventive detention;
  

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Lit. f) of paragraph 2. (1) of article 1. 94 was amended by section 3 of article 9. 40, title II of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

g) performs medical treatment abroad, if the public servant is not in the sick leave for temporary incapacity for work, and for the accompanying spouse or, where appropriate, to a relative's wife times up to and including grade I, according to the law;
  

h) is leave for temporary incapacity for a period longer than one month, in accordance with the law; *) — — — — — — — — — — Lit. h) of paragraph 1. (1) of article 1. Amended 94 of point 19 of article. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. PCT, article 19. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 was repealed by article. V of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.
Therefore, lit. h) of paragraph 1. (1) of article 1. 94 should return to the previous form of the change brought about by EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. See NCSA's opinion is reproduced below.

I) quarantine, according to the law;
  

j) maternity leave, in accordance with the law;
  

k) is gone, and the disappearance has been established by a final court decision;
  

l) force majeure;
  

m) where it was willing to court for sending committing a crime of the kind referred to in article 1. 54 lit. h);
  

n) during the period of research administration, the public servant who committed misconduct may influence the administrative investigation, on a proposal from the Commission of discipline;
  

in other cases a) expressly provided by law.
  

(2) within 15 calendar days prior to the date of termination of the reason for the suspension of the law, but not later than the date of the referral to the unaware of the reason for the termination of the suspension of the rule of law, a public servant is obliged to inform in writing the person who has legal jurisdiction of appointment as public about it. Failure of the person who has legal jurisdiction of appointment as public law attract the termination of service of public officers, except as provided in paragraph 1. (1) (a). f), h), (i)) k) and l).
  

(3) a person who has legal jurisdiction of appointment in public office has an obligation to provide, within five days of the expiry of the period referred to in paragraph 1. (2) the necessary conditions to resume the activity of the public servant.
  


Article 95 (1) shall be suspended service report on the initiative of public functionary in the following situations: a) parental leave aged 2 years or, in the case of children with disabilities, up to the age of 3 years, in accordance with the law;
  


b) leave to care for sick child aged up to 7 years or, in the case of a disabled child for intercurrent diseases, up to the age of 18 years;
  

b ^ 1) holiday accommodation;
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Lit. b ^ 1) para. (1) of article 1. 95 was introduced. XIII of law No. 57 of 11 April 2016, published in MONITORUL OFICIAL nr. 283 of 14 April 2016.

c) icebreakers in the framework of international bodies or institutions, in situations other than those referred to in article 1. 94 para. (1) (a). c);
  

d) for participation in the electoral campaign;
  

e) for participating in the strike, according to the law.
  

(2) the ratio of service may be suspended at the request of the public officer, for a legitimate personal interest, in cases other than those referred to in paragraph 1. (1) and in article 8. 94 para. (1) for a period of between one month and 3 URani.* ^ 1, ^ 2)) — — — — — — — — —-. (2) of article 9. 95 was amended by pct article 20. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. Item 20 of the art. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 was repealed by article. V of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.
Therefore, paragraph 2. (2) of article 9. 95 should return to the previous form of the change brought about by EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. See NCSA's opinion is reproduced below.
(2 ^ 1) URAbrogat.* ^ 1, ^ 2)) — — — — — — — — —-. (2 ^ 1), art. 95 was introduced by the pct, article 21. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. Item 21 of the art. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 was repealed by article. V of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.
Therefore, paragraph 2. (2 ^ 1), art. 95 was removed as a result of the repeal of article 7, item 21. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 by art. V of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(3) the request to suspend the service report is made in writing with at least 15 calendar days before the date when the suspension is requested, except as provided for in paragraph 1. (1) (a). e), when the request for suspension is made 48 hours prior to the onset of the strike.
  

(4) Suspension of service is found in the cases referred to in paragraph 1. (1) and in article 8. 94 para. (1), and in other cases regulated by special laws, shall be approved in the case referred to in paragraph 1. (2) administrative of the person who has the power of appointment to the position.
  

(5) the provisions of article 4. 94 para. (2) shall apply accordingly to the cases referred to in paragraph 1. (1) and (2).
  


Article 96 (1) Ordinance shall be ordered by the administrative act of the person who has legal jurisdiction for appointment to the position.
  

(2) an administrative Act by which it is established, shall approve the suspension of the service, as well as the one ordering the resumption of activity by the public officer shall be notified to the national agency of civil servants, within 10 working days from the date of issue.
  

(3) the period of suspension of service authorities and public institutions are under obligation to reserve the corresponding public service station. Its occupation is made, for a specified period, in accordance with the law. During the suspension of service relationships, public servants may not be terminated and cannot be amended only with the consent of the initiative or public functionary concerned.
  

(4) the period of suspension of service under the conditions of art. 94 para. (1) (a). (c)) and art. 95 para. (1) (a). (c)) shall be deemed the public function.
  


Section 3 Termination of service Article 97 termination of service of civil servants is made by administrative act of the person who has legal jurisdiction of appointment in public office and takes place under the following conditions: (a));
  

(b) the consent of the parties, through) recorded in writing;
  

Liberation) public function;
  

d) dismissal from public office through;
  

e) by resignation.
  


Article 98 (1) ratio of existing service is terminated by operation of law: — — — — — — — — — — the introductory part of paragraph 1. (1) of article 1. 98 amended by art. III of law No. 49 on 19 March 2010, published in MONITORUL OFICIAL nr. 195 of 29 March 2010.

at the time of death) of public functionary;
  

b) irrevocable judgement whether the Declaration of public functionary;
  

c) if public servant no longer satisfies one of the conditions laid down in article 21. 54 lit. a), d) and (f));
  

d) date of completion of the cumulative conditions of age and minimum contribution period of internship for retirement;
  

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Lit. d) of paragraph 2. (1) of article 1. 98 amended by art. III of law No. 49 on 19 March 2010, published in MONITORUL OFICIAL nr. 195 of 29 March 2010.

e) as a result of the finding of absolute nullity of the administrative act of appointment in public office, after the date on which a declaration of invalidity has been established by final and irrevocable judgment;
  

f) when through the final judgment has been ordered for a condemnation of the Act. 54 lit. h) or ordered the application of custodial sentences, the date of final decision remaining;
  

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Lit. f) of paragraph 2. (1) of article 1. 98 was amended by paragraph 4 of art. 40, title II of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

g) as a result of the ban on the exercise of the right to hold public office or exercising a profession in times of activity in which committed the deed, as a supplementary punishment, or as a result of the prohibition of employment of a function, or the exercise of a profession, as a safety measure, as from the date of final judgement of whether that ordered the ban;
  

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Lit. g) of paragraph 1. (1) of article 1. 98 was amended by paragraph 4 of art. 40, title II of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

h) following the expiry of the occupied public office for a fixed period.
  

I) Removed;
  

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Lit. I) para. (1) of article 1. 98 has been removed as a result of the rejection of the EMERGENCY ORDINANCE nr. 77 of 26 June 2013, published in MONITORUL OFICIAL nr. 393 of 29 June 2013 by art. in accordance with law No. 92 of 1 July 2014, published in MONITORUL OFICIAL nr. 500 since 4 July 2014.

(2) the finding of the case law of the termination of service is done within 5 working days of intervening through administrative action of the person who has legal jurisdiction for appointment to the position. Administrative act by which it was established under law termination of service shall be communicated to the national agency of civil servants, within 10 working days following delivery of his.
  


Article 99 (1) a person who has legal jurisdiction in appointing public function will have release from public office through administrative action, which shall be communicated to the public officer within five working days of issuance, in the following cases: a) the authority or public institution has ceased or moved to another location, and the public servant is not willing to follow;
  

(b) the authority or public institution) reduces its staff as a result of the reorganization of the business by reducing the station's busy public servant;
  

c) as a result of the admission application for reintegration in the occupied by the public officer of a public official issued or wrongful dismissal times for unfounded reasons, from the date of the remaining final and irrevocable judgment which ordered the reintegration;
  

d) for professional incompetence, if they obtain the word "unsatisfactory" at the individual performance appraisal;
  

It's no longer a public servant) meets the condition laid down in article 21. 54 lit. g);
  

f) health or physical/mental disabilities and the public functionary, established by decision of the competent organs, medical expertise, no longer allow him to perform the duties of the corresponding public function;
  

g) as a result of unfounded refusal of acceptance high public official of appointment pursuant to article. 93. (2) the circumstances referred to in paragraph 1. (1) (a). the-c)) and e)-g) are reasons not attributable to public officials.
  

(3) in the case of the issuance of the public authority or public institution shall be bound to grant civil servants a 30 days ' notice.
  

(4) The period of notice, the person who has legal jurisdiction of appointment in public office may grant the person concerned the reduction of working hours up to 4 hours per day, without affecting the rights of salary due.
  

(5) in the cases referred to in paragraph 1. (1) (a). b), c), and (e)), the period of notice, whether in the context of public authority or public institution there are adequate vacant positions it has an obligation to make them available to public servants.
  

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Paragraphs 1 and 2. (5) article. 99 has returned to form, due to the cessation of the legal effects of the EMERGENCY ORDINANCE nr. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013, following the lodgement of this normative act unconstitutional by CONSTITUTIONAL COURT DECISION No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015.
EMERGENCY ORDINANCE No. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013 has been rejected by art. in accordance with law No. 36 of 22 March 2016, published in MONITORUL OFICIAL nr. 220 of 24 March 2016. Therefore, paragraph 2. (5) article. 99 returns to its previous shape considered the amendment made by this emergency Ordinance.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015, was the plea of unconstitutionality in respect of provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants, finding that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 17 June 2015-august 1, 2015, the provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants (including all changes brought about by this normative act upon law No. 190/1999, republished with amended and supplemented) were suspended by operation of law, having ceased in legal effect, as from 2 august 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (6) in the cases referred to in paragraph 1. (1) (a). the-c)) and (e)), if there is no appropriate public offices vacant within the public authority or public institution, the times has an obligation to request the national agency of civil servants during the period of notice, the list of public functions. Where there is a corresponding public office vacant, identified in the period of notice, the public servant will be transferred in the interests of the service or upon request.
  

— — — — — — — — —-. (6) article. 99 has returned to form, due to the cessation of the legal effects of the EMERGENCY ORDINANCE nr. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013, following the lodgement of this normative act unconstitutional by CONSTITUTIONAL COURT DECISION No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015.
EMERGENCY ORDINANCE No. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013 has been rejected by art. in accordance with law No. 36 of 22 March 2016, published in MONITORUL OFICIAL nr. 220 of 24 March 2016. Therefore, paragraph 2. (6) article. 58 returns to its previous shape considered the amendment made by this emergency Ordinance.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015, was the plea of unconstitutionality in respect of provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants, finding that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 17 June 2015-august 1, 2015, the provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants (including all changes brought about by this normative act upon law No. 190/1999, republished with amended and supplemented) were suspended by operation of law, having ceased in legal effect, as from 2 august 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (7) public Servant Leadership takes precedence at a vacant public position at the lower level.
  


Article 100 (1) In case of reorganization of the authority or public institution, civil servants will be appointed in public functions and, where appropriate, in the new compartments in the following cases: a) is modified duties relating to a public office less than 50%;
  

b) are reduced powers of a bin;
  

c) is changed the name without changing the pixel aspect ratio of over 50% of the items public function;
  

d bin structure is changed).
  

(2) the application of paragraph 1. (1) shall be made in compliance with the following criteria: a) category, class and, where appropriate, the professional degree of public functionary;
  

b specific established criteria) for public office;
  

c) vocational training;
  

d) have conducted similar activities.
  

(3) where there are several civil servants, is organized by the examination authority or public institution.
  

(4) a Reduction is justified if the duties relating thereto shall be adjusted in proportion of 50%, or if they are modified in the specific conditions of employment of the station in question, relating to education.
  

(5) In case of reorganization of the business by reducing stations, public institution or authority may establish posts similar to the dismantled for a period of one year from the date of reorganization.
  


Article 101 (1) Dismissal from public office is at its disposal pursuant to article. 78, by administrative act of the person who has legal jurisdiction of appointment in public office, as a disciplinary sanction applied for reasons attributable to the public functionary in the following cases: a) for committing repeated some disciplinary or a disciplinary which had serious consequences;
  

b) if arose a legal reason of incompatibility, and public servant does not act for termination within a period of 10 calendar days from the date of intervention in the case of incompatibility.
  

(2) an administrative Act paragraph. (1) shall be communicated to the public functionary within 5 working days of the dates of issue. Communication of the administrative act has to be done before the dismissal.
  


Article 102 public Official may notify the termination of service by resignation notified in writing to the person who has legal jurisdiction for appointment to the position. His resignation should not be motivated and take effect after thirty (30) calendar days from registration.


Article 103 (1) To modify, to suspension and termination of service by public officer has the duty to teach the works and assets that have been entrusted to carry on job duties.
  

(2) upon the termination of public service official report retains the rights acquired in the context of his career, except that the ratio of service ceased for reasons attributable to him.
  

(3) civil servants shall receive entitlements from unemployment insurance budget, where reports of service they have come to an end under the conditions laid down in articles 81 and 82: (a)). 98 para. (1) (a). c), except where the public servant no longer satisfies the condition laid down in article 21. 54 lit. a);
  

b) art. 98 para. (1) (a). e) and (h));
  

c) art. 99 para. 1. Article 104 (1) Redistribution of public servants shall be made by the national agency of civil servants, as follows: — — — — — — — — — — the introductory part of paragraph 1. (1) of article 1. 104 returned to form, due to the cessation of the legal effects of the EMERGENCY ORDINANCE nr. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013, following the lodgement of this normative act unconstitutional by CONSTITUTIONAL COURT DECISION No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015.
EMERGENCY ORDINANCE No. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013 has been rejected by art. in accordance with law No. 36 of 22 March 2016, published in MONITORUL OFICIAL nr. 220 of 24 March 2016. Therefore, the introductory part of paragraph 1. (1) of article 1. 104 returns to the form referred to above to the amendment made by this emergency Ordinance.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015, was the plea of unconstitutionality in respect of provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants, finding that they are unconstitutional.


According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 17 June 2015-august 1, 2015, the provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants (including all changes brought about by this normative act upon law No. 190/1999, republished with amended and supplemented) were suspended by operation of law, having ceased in legal effect, as from 2 august 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ a) authorities or public institutions from the same commune or a village located at a distance of up to 50 km from the Township of home;
  

b) authorities or public institutions from another county or within a distance of more than 50 km from the place of residence, at the request of public functionary.
  

(2) the redistribution of public officials is done in a public office for the same category, class and the same professional grade with public office held by the public servant.
  

— — — — — — — — —-. (2) of article 9. 104 returned to form, due to the cessation of the legal effects of the EMERGENCY ORDINANCE nr. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013, following the lodgement of this normative act unconstitutional by CONSTITUTIONAL COURT DECISION No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015.
EMERGENCY ORDINANCE No. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013 has been rejected by art. in accordance with law No. 36 of 22 March 2016, published in MONITORUL OFICIAL nr. 220 of 24 March 2016. Therefore, paragraph 2. (2) of article 9. 104 returns to the form referred to above to the amendment made by this emergency Ordinance.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015, was the plea of unconstitutionality in respect of provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants, finding that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 17 June 2015-august 1, 2015, the provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants (including all changes brought about by this normative act upon law No. 190/1999, republished with amended and supplemented) were suspended by operation of law, having ceased in legal effect, as from 2 august 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (3) Redistribution and can be done in a public office was vacant, with lower written consent of public functionary.
  

(4) in a Redistribution function of the driving public is made in compliance with paragraph 1. (2) or, where appropriate, paragraphs 1 to 5. (3) only if the public servant has fulfilled similar duties with the powers of the Tribunal on the redistribution of wealth.
  

(5) the national agency of civil servants will ensure redistribution of public functions on a temporary basis, as a result of the suspension of the holder for a period of at least one month, the civil servants Corps reserve that meet specific conditions for the tool in question. Where there are several civil servants who meet specific conditions for the tool in question, the civil servants Agency organizes, in collaboration with the authority or public institution within which lies the vacant, a professional test for selecting public functionary to be redistributed.
  

(6) the redistribution of public servants from the body of the book is available by order of the President of the national agency of civil servants.
  

— — — — — — — — —-. (6) article. 104 returned to form, due to the cessation of the legal effects of the EMERGENCY ORDINANCE nr. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013, following the lodgement of this normative act unconstitutional by CONSTITUTIONAL COURT DECISION No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015.
EMERGENCY ORDINANCE No. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013 has been rejected by art. in accordance with law No. 36 of 22 March 2016, published in MONITORUL OFICIAL nr. 220 of 24 March 2016. Therefore, paragraph 2. (6) article. 104 returns to the form referred to above to the amendment made by this emergency Ordinance.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015, was the plea of unconstitutionality in respect of provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants, finding that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 17 June 2015-august 1, 2015, the provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants (including all changes brought about by this normative act upon law No. 190/1999, republished with amended and supplemented) were suspended by operation of law, having ceased in legal effect, as from 2 august 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (7) heads of public authorities and institutions have a duty to appoint public officers distribute permanently or temporarily.
  

— — — — — — — — —-. (7) article. 104 returned to form, due to the cessation of the legal effects of the EMERGENCY ORDINANCE nr. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013, following the lodgement of this normative act unconstitutional by CONSTITUTIONAL COURT DECISION No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015.
EMERGENCY ORDINANCE No. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013 has been rejected by art. in accordance with law No. 36 of 22 March 2016, published in MONITORUL OFICIAL nr. 220 of 24 March 2016. Therefore, paragraph 2. (7) article. 104 returns to the form referred to above to the amendment made by this emergency Ordinance.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015, was the plea of unconstitutionality in respect of provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants, finding that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 17 June 2015-august 1, 2015, the provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants (including all changes brought about by this normative act upon law No. 190/1999, republished with amended and supplemented) were suspended by operation of law, having ceased in legal effect, as from 2 august 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (8) if the directors of public authorities and institutions shall refuse employment of public servants under the conditions of paragraph 1. (7) the clerk may apply to public administrative court.
  

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Paragraphs 1 and 2. (8) article. 104 returned to form, due to the cessation of the legal effects of the EMERGENCY ORDINANCE nr. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013, following the lodgement of this normative act unconstitutional by CONSTITUTIONAL COURT DECISION No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015.
EMERGENCY ORDINANCE No. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013 has been rejected by art. in accordance with law No. 36 of 22 March 2016, published in MONITORUL OFICIAL nr. 220 of 24 March 2016. Therefore, paragraph 2. (8) article. 104 returns to the form referred to above to the amendment made by this emergency Ordinance.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015, was the plea of unconstitutionality in respect of provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants, finding that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 17 June 2015-august 1, 2015, the provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants (including all changes brought about by this normative act upon law No. 190/1999, republished with amended and supplemented) were suspended by operation of law, having ceased in legal effect, as from 2 august 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 105 (1) the body of the book is made up of public servants who have been freed from the article. 99 para. (1) (a). the-c)), e) and (g)) and is managed by the national agency of civil servants.
  

(2) civil servants leaving the body and lose the quality of civil servants in the following circumstances: a) after expiry of two years from the date of the changeover in the body of the book;
  

b) where the national agency of civil servants it redistributes in public office vacant and completed studies corresponding training, and a public servant refuses;
  

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Lit. b) of paragraph 2. (2) of article 9. 105 has returned to form, due to the cessation of the legal effects of the EMERGENCY ORDINANCE nr. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013, following the lodgement of this normative act unconstitutional by CONSTITUTIONAL COURT DECISION No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015.
EMERGENCY ORDINANCE No. 82 of 27 august 2013, published in MONITORUL OFICIAL nr. 549 from 29 august 2013 has been rejected by art. in accordance with law No. 36 of 22 March 2016, published in MONITORUL OFICIAL nr. 220 of 24 March 2016. Therefore, lit. b) of paragraph 2. (2) of article 9. 105 returns to the form referred to above to the amendment made by this emergency Ordinance.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 351 of 7 may 2015, published in MONITORUL OFICIAL nr. 433 of 17 June 2015, was the plea of unconstitutionality in respect of provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants, finding that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 17 June 2015-august 1, 2015, the provisions of Government Emergency Ordinance nr. 82/2013 for changing the law. 188/1999 on the status of civil servants (including all changes brought about by this normative act upon law No. 190/1999, republished with amended and supplemented) were suspended by operation of law, having ceased in legal effect, as from 2 august 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ c) hiring on the basis of a contract of employment for a period of more than 12 months;
  

d) at the request of public functionary.
  


Article 106 (1) where the ratio of service ceased for reasons that public servant considers to be unlawful, or netemeinice he may ask the Court of administrative cancellation of administrative act by which it was established or willing service, the termination report under the conditions and limits laid down by the law on administrative courts no. 554/2004, as amended, as well as payment by the issuing authority or public institution of administrative compensation equal to wages, calculated and indexed, and other rights that they would have benefited the public servant.
  

(2) at the request of the public officer, the Court found the nullity of the administrative act shall order its reintegration into public office held.
  


Chapter X final and transitory provisions in article 107 (1) of the public authorities and institutions are obliged to request the national agency of Public opinion on public functions in any of the following situations: a) the establishment or modification of the structure of public offices for each authority and public institution, in part, by its ruler or decision made by the County Council or, as the case may , of the local Council, on the basis of activities under article 4. 2 (2). (3);
  

b) quality change stations, according to art. 111 para. (1) or (5);
  

c) reorganization of public authority or institution's activity.
  

(2) public authorities and institutions have the obligation to notify, within 10 working days, the national agency of civil servants, in any of the following situations: a) changes in the structure of some intervening public functions within public institutions, authorities or as a result of the promotion in the classroom and in professional grade civil servants;
  

(b) the conversion of public functions) vacancies in public office with a different name or in a lower-level public office times higher enrolment in the maximum number of posts approved for the authority or public institution and the annual budget allocated to the funds.
  

(3) the opinion of the national agency of civil servants is mandatory and in all the situations described in paragraphs 3 and 4. 1. (4) where, after obtaining the opinion of the national agency of civil servants, administrative provisions laying down measures in category as set forth in paragraph 1. (1) is approved with modifications or additions, principal of authorising officers of the local public administration are required to communicate to the national agency of civil servants of administrative acts, not later than 5 business days from the date of their approval by decision of the local Council or, where appropriate, of the County Council.
  

(5) In the situation referred to in paragraph 1. (4) local public administration authorities can implement the provisions of the decision of the local Council or, where appropriate, of the County Council, only after obtaining the opinion of the national agency of civil servants. In this case, the opinion of the national agency of civil servants shall be issued no later than 10 working days after the date of receipt of the administrative acts referred to in paragraph 1. (4) and (6) the list of documents required for obtaining the national agency of civil servants, as well as the manner of their transmission to the authorities and public institutions shall be approved by order of the President of the national agency of civil servants, to be published in the Official Gazette of Romania, part I.
  

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Art. 107 amended pct, article 23. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.


Article 107 ^ 1 (1) for the protection of the rights of career civil servants, normative or administrative changes in organizational structure, reorganizations or desfiinţări structures and functions of public authorities and public institutions, eight from Central and local public administration are obliged to provide a period of at least 30 days, in order to implement the statutory procedures provided for in this law.
  

(2) After the approval of the normative acts, in accordance with the law, for the structure of public functions arising under the terms of paragraph 1. (1) the public authorities and institutions from central public administration shall request the opinion of the national agency of civil servants, under the conditions laid down in article 21. 107.
  

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Art. 107 ^ 1 was introduced by paragraph 24 of article. 1 of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.


Article 108 in the territorial-administrative units where persons belonging to a national minority have a share of over 20% of some public servants who have direct contact with the citizens will know and their respective national minority language.


Article 109 causes that relate to the report of the public functionary service falls within the competence of the administrative and tax court, except where it is expressly established by law to the competence of other instances.
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Art. 109 was modified by art. IV of law No. 2 in 1 February 2013, published in MONITORUL OFICIAL nr. 89 of 12 February 2013.


Article 110 of the public authorities and institutions. 5 para. (1) are required to harmonize the statutes dealing with provisions of this law, in consultation with the national agency and the opinion of civil servants.


Article 111 (1) authorities and public institutions that were provided for in the States for contractual posts functions which involve the exercise of powers of those referred to in art. 2 (2). (3) have the obligation to establish public office pursuant to article. 107 *).
  

— — — — — — — — —-. (1) of article 1. 111 has been amended by paragraph 24 of article. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. Paragraph 24 of article. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 was repealed by article. V of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.
Therefore, paragraph 2. (1) of article 1. 111 it should return to the previous form of the change brought about by EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009.
*) See note to art. 95 in the Agency's opinion that is replicated to National civil servants dated 2nd September 2011.

(2) public functions, public leadership functions, and the functions corresponding to the category of senior public officials, determined according to paragraph 1. (1), deals under the present law.
  

(3) the individual labour contract for an indefinite period in which contractual posts have been established and approved as public officials will be called in the public offices of execution if they fulfil the conditions laid down in article 21. 54 and the specialty studies class and professional degree of public function.
  

(4) the rights of persons holding salary public positions under the terms of paragraph 1. (3) shall be determined according to the remuneration of public functions were called.
  

(5) URAbrogat.*) — — — — — — — — — —-. (5) article. 111 was introduced by the pct, article 25. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. Item 25 of the art. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 was repealed by article. V of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.
Therefore, paragraph 2. (5) article. 111 was removed as a result of the repeal of article 7, item 25. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 by art. V of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.

(6) URAbrogat.*) — — — — — — — — —-. (6) article. 111 was introduced by the pct, article 25. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. Item 25 of the art. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 was repealed by article. V of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.
Therefore, paragraph 2. (6) article. 111 was removed as a result of the repeal of article 7, item 25. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 by art. V of law No. 140 of 7 July 2010, published in MONITORUL OFICIAL nr. 471 of 8 July 2010.


Article 112 (1) the total number of public leadership functions within each authority or public institution, except for the public functions of the Secretary/administrative-territorial subdivision, head of the prefectural office and public functions of leadership whose employment is through detachment personnel within the defense sector institutions, public order and national security, according to the State Organization «Annex M» approved by the Supreme Council of national defence, is not more than 12% of the total number of approved stations.
  

— — — — — — — — —-. (1) of article 1. 112 was modified by art. 19, Cap. IV of the EMERGENCY ORDINANCE nr. 18 of 16 April 2014, published in MONITORUL OFICIAL nr. 305 of 24 April 2014.

(2) Repealed.
  

— — — — — — — — —-. (2) of article 9. 112 was repealed by article. The EMERGENCY ORDINANCE nr. 229 of 30 December 2008 published in MONITORUL OFICIAL nr. 3 from 5 January 2009.

(3) Repealed.
  

— — — — — — — — —-. (3) art. 112 was repealed by article. The EMERGENCY ORDINANCE nr. 229 of 30 December 2008 published in MONITORUL OFICIAL nr. 3 from 5 January 2009.


Article 113 Programmes organised for the public manager status under art. 70 paragraph 1. (1) (a). the programmes provided for by) are Government Emergency Ordinance nr. 56/2004 on the establishment of the special status of public functionary named public manager, approved with amendments and completions by law No. 452/2004, as amended and supplemented, and the law. 157/2004 on the establishment of a stock exchange of "Government" for the training of managers in the public sector, with subsequent amendments.


The provisions of article 114 of this law shall be applied properly and autonomous administrative authorities.


Article 115 Through an exception to the provisions of art. 18 paragraph 1. (1) the Commission shall be set up recruitment within 60 days from the date of entry into force of the present law, as follows: a) a member appointed for a term of one year and a half;
  

b) one member appointed for a period of 3 years;
  

c) one member appointed for a period of 4 years and a half;
  

d) one member appointed for a period of six years;
  

e) one member appointed for a period of seven and a half years;
  

f) one member appointed for a period of nine years;
  

g) one member appointed for a period of 10 years and a half.
  


Article 116 Causes involving the labor disputes in which one party has the quality of civil servants, on the role of the courts on the date of entry into force of these terms will continue to govern according to the law applicable at the time of referral to the Court.


Article 117 the provisions of this law shall be supplemented by the provisions of the labour legislation and common law regulations of civil, administrative or criminal proceedings, as appropriate, in so far as they do not contravene the laws specific to the public service.


Article 118 entry into force of this law, any provisions to the contrary are hereby repealed.


Annex I list of public functions. the general public officials. Public Office corresponding to the category of senior public servants 1. Secretary general of the Government;
— — — — — — — — — — section 1 rosé wines. A, Cap. I of the annex has been reinstated in the force by rejecting the EMERGENCY ORDINANCE nr. 3 of 11 February, 2009, published in MONITORUL OFICIAL nr. 84 of 11 February 2009 by law No. 379 on December 10, 2009, published in MONITORUL OFICIAL nr. 870 of 14 December 2009.
2. the Deputy Secretary-General of the Government;
----------(2); A, Cap. I of the annex has been reinstated in the force by rejecting the EMERGENCY ORDINANCE nr. 3 of 11 February, 2009, published in MONITORUL OFICIAL nr. 84 of 11 February 2009 by law No. 379 on December 10, 2009, published in MONITORUL OFICIAL nr. 870 of 14 December 2009.
3. Secretary general of ministries and other specialized bodies of central public administration;
4. the Deputy Secretary-General from ministries and other specialized bodies of central public administration;
5. the prefect;
6. the subprefect;
7. the governmental inspector.
B. public leadership Functions 1. Director general of autonomous administrative authorities, ministries and other specialized bodies of central public administration;
2. Deputy director general within the autonomous administrative authorities, the ministries and other specialized bodies of central public administration;
3. the Secretary of the County and the municipality of Bucharest;
4. director of autonomous administrative authorities, the ministries and other specialized bodies of central public administration, executive director of the decentralized public services of ministries and other specialized bodies of central public administration, as well as within local public administration authorities and public institutions subordinate thereto;
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(4); B, Chapter Ii. I of the annex has been amended by point 26 of article. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. Point 26 of article. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 and ended in legal effect according to the DECISION of the CONSTITUTIONAL COURT No. December 3, 2009, 1,629, published in MONITORUL OFICIAL nr. 28 of January 14, 2010.
Point 26 of article. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 was repealed by section 1 of article. in accordance with law No. 264 of 22 December 2010 published in Official Gazette No. 872 dated December 28, 2010.
(4); B, Chapter Ii. I of the annex has returned to form.
*) See note to art. 95 in the Agency's opinion that is replicated to National civil servants dated 2nd September 2011.
5. the Deputy director within the autonomous administrative authorities, the ministries and other specialized bodies of central public administration, Deputy Executive director of the decentralized public services of ministries and other specialized bodies of central public administration, as well as within local public administration authorities and public institutions subordinate thereto;
— — — — — — — — — — 5; B, Chapter Ii. I of the annex has been amended by point 26 of article. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009. Point 26 of article. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 and ended in legal effect according to the DECISION of the CONSTITUTIONAL COURT No. December 3, 2009, 1,629, published in MONITORUL OFICIAL nr. 28 of January 14, 2010.
Point 26 of article. From the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009 was repealed by section 1 of article. in accordance with law No. 264 of 22 December 2010 published in Official Gazette No. 872 dated December 28, 2010.
Item 5; B, Chapter Ii. I of the annex has returned to form.
*) See note to art. 95 in the Agency's opinion that is replicated to National civil servants dated 2nd September 2011.
6. the Secretary of the municipality of Bucharest, sector of the city and of the commune;
7. Chief;
8. Head Office.
C. public execution Functions 1. Counsellor, legal adviser, auditor, expert, inspector;
2. reviewer;
3. reviewer.
Note: 1. The functions of the General Government, other than those referred to in point. I shall be determined with the advice of the national agency of civil servants.
2. Public functions referred to. (B) paragraphs 1 and 2 may be established within public authorities and institutions from local public administration that have a minimum of 150 posts.
3. leading public functions referred to. (B) point 7 and 8, as well as the execution of public functions referred to. (C) may be public officials, State or local authorities.
II. specific public Functions. leading public Functions 1. Chief Architect.
B. public execution Functions 1. Inspector;
2. customs inspector;
3. inspector;
4. the controller delegate;
5. expert in information technology and telecommunications;
6. Commissioner.
C. other specific public offices 1. public Manager.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Please note: specific public functions, other than those referred to in point (II), may be established by the authorities and public institutions, with the opinion of the national agency of civil servants.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Note ─ ─ ─ ─ ─ ─ ─ ─ Please note: Reproduce below art. IV-XIV of law No. 251/2006 modifying and completing law No. 188/1999 on the status of civil servants, as published in the Official Gazette of Romania, part I, no. 574 of 4 July 2006, which were not contained in the form of law No. republished 188/1999 and applicable, further, that the provisions of law No. 251/2006 *): "Art. IV. — (1) Notwithstanding the provisions of this law during the year 2006, may participate in the contest for the entry in the category of senior public servants persons who fulfil the conditions laid down in article 21. 15 para. (2) (a). a)-c) of law No. 188/1999 on the status of civil servants, republished, with subsequent amendments, as well as with the changes and additions brought about by this law. *) (2) pending the decision of the Government. 17 para. (3) of law No. 188/1999, republished, with subsequent amendments, as well as with the changes and additions brought about by this law *), contest entry in the category of senior public servants is managed by the recruitment of senior officials named by the Prime Minister's Decision No. 38/2006 on the appointment of the Commission and of the review Commission for the recruitment of senior civil servants, as published in the Official Gazette of Romania, part I, no. 314 of 7 April 2006.
  

(3) Notwithstanding the provisions of this law, may occupy a public office of category of senior public servants persons who have passed the examination for certification as well as persons who have entered into the category of senior public servants under the conditions of paragraph 1. (1) and (4) public servants occupying a public office of category of senior public servants under the conditions of paragraph 1. (3) and civil servants occupying public office corresponding to the category of senior public servants at the time of entry into force of the present law does not satisfy the condition laid down in article 21. 15 para. (2) (a). d) of law No. 188/1999, republished, with subsequent amendments, as well as with the changes and additions brought about by this law *), are required to meet this condition within 2 years from the date of entry into force of the present law, under penalty of dismissal public function.
  

(5) the condition referred to in article 1. 51 ^. (7) of the law No. 188/1999, republished, with subsequent amendments, as well as with the changes and additions brought about by this law * *) is not mandatory, for recruiting civil servants driving, if temporary exercise of a public office of leadership, as well as for civil servants occupying public office, driving over a period of 4 years from the date of entry into force of this law.
  

(6) public officials referred to in paragraphs 1 and 2. (5) are required to comply with the condition laid down in article 21. 51 ^. (7) of the law No. 188/1999, republished, with subsequent amendments, as well as with the changes and additions brought about by this law * *), within the period prescribed, under penalty of dismissal public function.
  

Art. V.-(1) the Secretaries of municipalities which, on the date of entry into force of the present law, shall not have legal or administrative higher education can keep public function with the up to 31 December 2010 to meet the condition of having completed undergraduate studies with a higher education diploma, respectively, graduated with a Bachelor's degree or equivalent in legal or administrative specialty, under penalty of dismissal public function.

(2) Notwithstanding the provisions of article 5. IV, para. (5) joint secretaries are required to fulfil the condition laid down in article 21. 57 paragraph 3. (7) of the law No. 188/1999, republished, with subsequent amendments and additions, until 31 December 2012, under penalty of dismissal public function.

(3) where the competitions organized for public service leadership of Secretary takes a person fulfilling the conditions laid down in paragraphs 2 and 3 studies. (1) the condition of the speciality of a minimum of 2 years, can candida and persons who do not meet these conditions, in the following order: a) people who studies Bachelor's degree, graduated with diploma, i.e. higher education, graduated with a Bachelor's degree or equivalent in a legal or administrative specialist;
  

b) people who have undergraduate studies, completed with a higher education diploma, respectively, graduated with a Bachelor's degree or equivalent in the other;
  

c) people who have completed secondary education, with diploma.
  

(4) In the situation referred to in paragraph 1. (3) public function, leading Secretary of the village makes for a fixed period, with the obligation of the Organization's annual contest for occupying it.
  

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Art. V was modified by art. From the EMERGENCY ORDINANCE nr. 90 of 30 June 2009 published in Official Gazette No. 457 of 1 July 2009.

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Art. Vi.-the condition laid down in article. 51 ^. (7) of the law No. 188/1999, republished, with subsequent amendments, as well as with the changes and additions brought about by this law * *), it is considered to have been met for public servants who have completed, by the date of entry into force of the present law, training programmes and improvement in public administration, organized by the National Institute of administration, regional training centres for local public administration, as well as other specialized institutions , in the country or abroad, with duration of not less than one year, or who, on the date of entry into force of this law, is one of the forms of teaching, provided that such graduation studies within the prescribed period.

Art. VII.-(1) within 6 months after the date of entry into force of this law shall, on a proposal from the national agency of civil servants, Government decision, approved:


the rules relating to the organisation and) career development of public servants;
  

b) rules on the organisation and functioning of boards of discipline;
  

c) rules on the organisation and functioning of the joint committees and the conclusion of collective agreements;
  

d) the rules concerning the mobility of senior civil servants.
  

(2) within a period of 10 months from the date of entry into force of this law shall, on a proposal from the national agency of civil servants, Government decision, approved the rules): training of civil servants;
  

b) rules of organisation and conduct of specialized training programmes provided for by this law.
  

(3) pending the adoption of decisions referred to in paragraph 1, the Government. (1) (a). the-c)) shall apply accordingly to the provisions of governmental decision nr. 1.209/2003 on the organisation and development of career civil servants, not published in the Official Gazette of Romania, part I, no. 757 of 29 October 2003, and its subsequent amendments, and the governmental decision nr. 1.210/2003 concerning the Organization and functioning of boards of discipline and parity commissions within public authorities and institutions, published in the Official Gazette of Romania, part I, no. 757 of 29 October 2003.
  

Art. VIII.-the procedure for organizing and conducting contests, the procedure for the appointment of civil servants and disciplinary procedure currently in progress at the date of entry into force of this law shall be completed in accordance with the provisions in force at the date of the initiation of such procedures.

Art. IX.-Qualifier «exceptional» and «very good» obtained civil servants to individual performance appraisal by the date of entry into force of this law shall be assimilated with the qualifier «very good», and «good» rating is tantamount to rating «well».

Art. X.-dowm. 49 ^ 3 of law No. 188/1999 on the status of civil servants, republished, with subsequent amendments, as well as with the changes and additions brought about by this law * *), does not apply for expenses already incurred on the date of entry into force of this law.

Art. XI. seniority-Conditions laid down in article 21. 57 of the Act No. 188/1999 on the status of civil servants, republished, with subsequent amendments, as well as with the changes and additions brought about by this law * *), does not apply to public service employees who fulfilled the conditions stipulated by law on the date of appointment to the position.

Art. XII. — (1) in 2006, promotion in public office vacant upper is made by competition or exam.

(2) to participate in the contest of the promotion in a public execution from the main professional grade, civil servants must fulfil the following minimum conditions: (a)) have a minimum of 2 years work experience in the execution of public functions from professional grade Assistant in the class corresponding to completed studies;
  

(b)) to be obtained, the individual performance appraisal for the past 2 years at least the rating «very good»;
  

c) meets the requirements specified in the job description.
  

(3) in order to participate in the contest of the promotion in a public execution from professional grade, civil servants must fulfil the following minimum conditions: (a)) have a minimum of 2 years work experience in the execution of public functions from the main professional degree or 4 years in the execution of public functions from professional grade Assistant in the class corresponding to completed studies;
  

(b)) to be obtained, the individual performance appraisal for the past 2 years at least the rating «very good»;
  

c) meets the requirements specified in the job description.
  

Art. XIII.-this law will enter into force 15 days after the date of publication in the Official Gazette of Romania, part I, with the exception of the provisions of article 7. 29, 56, 57, 58 ^ 1 and art. 60 ^. (1) (a). b) of law No. 188/1999, republished, with subsequent amendments, as well as with the changes and additions brought about by this law * *), which shall enter into force on 1 January 2007).

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Art. XIV. — at the date of entry into force of this law, the provisions of art. 15TH para. (2) and (3), art. 16TH para. (4) to (6) and of article 23. XX of the law nr. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, and public functions in the business environment, the prevention and sanctioning of corruption, as published in the Official Gazette of Romania, part I, no. 279 of 21 April 2003, as amended and supplemented, as well as any other provisions to the contrary are hereby repealed. "

— — — — — — — — — — *) see article. 15TH para. (1), art. 16TH para. (1) to (3), art. XVII-XIX centuries, art. XXI and art. XXII of law No. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, and public functions in the business environment, the prevention and sanctioning of corruption, contained in the final of the first form of the law nr. republished 188/1999, published in the Official Gazette of Romania, part I, no. 251 of 22 March 2004.

*) Art. 15 para. (2) (a). the-c)) became, as a result of renumerotării, art. 391. (2) (a). a)-(c)).

) Art. 17 para. (3) has become, as a result of renumerotării, art. 18 paragraph 1. (3). *) Art. 15 para. (2) (a). d) became, as a result of renumerotării, art. 391. (2) (a). d). * *) Art. 51 ^. (7) became, in the wake of renumerotării, art. 57 paragraph 3. (7) * *) Art. 49 ^ 3 has become, as a result of renumerotării, art. 52. * *) Art. 57 became, as a result of renumerotării, art. 65. * *) Art. 29 became, following renumerotării, art. 31; art. 56 became, as a result of renumerotării, art. 64; art. 57 became, as a result of renumerotării, art. 65; art. 58 ^ 1 has become, as a result of renumerotării, art. 67, and art. 60 ^. (1) (a). b) became, as a result of renumerotării, art. 70 paragraph 1. (1) (a). b).

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