Law No. 189 Of 9 December 1999 On The Exercise Of Legislative Initiative By Citizens

Original Language Title:  LEGE nr. 189 din 9 decembrie 1999 privind exercitarea iniţiativei legislative de către cetăţeni

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Law No. 189 of 9 December 1999 (republished * *) (* updated *) with respect to the exercise of legislative initiative by citizens (applicable as from 1 February 2014 *)-PARLIAMENT ISSUING — — — — —-*) form of this updated regulatory action until February 1, 2014 is carried out by the legal department within the S.C. "territorial Center of Electronic Computing" Piatra Neamt by including all changes and additions made to the : Law No. 187 of 24 October 2012.
The contents of this act is not an official document, being intended for the information of users *) Republished pursuant to art. II of law No. 76/2004 for the modification and completion of the law #. 189/1999 concerning the exercise of legislative initiative by citizens, published in the Official Gazette of Romania, part I, no. 300 of 6 April 2004, posing a new texts.
Law No. 189/1999 concerning the exercise of legislative initiative by citizens has been published in the Official Gazette of Romania, part I, no. 611 of 14 December 1999.


Article 1 of the initiative (1) Exercise its legislative initiative of citizens shall be exercised with due regard for the provisions of article 7. 74 para. (1) and (2) or, where appropriate, of article 23. 150 of the Constitution, republished, under the conditions laid down in this law.
  

(2) legislative initiative of citizens shall be exercised through a legislative proposal drawn up pursuant to art. 74 of the Constitution, republished, in the field of organic or ordinary laws, and under art. 150 of the Constitution, republished, in the field of constitutional laws.
  


Article 2 of the initiative Committee (1) the promotion of citizens ' legislative initiative shall ensure by an initiative Committee consisting of at least 10 citizens with voting rights.
  

(2) may not be part of the initiative Committee people chosen based on universal suffrage, Government members, persons named according to the Prime Minister, or may not, under the law of political parties.
  

(3) the creation of the initiative Committee is done by means of a notarized statement to a notary public, including the purpose of the initiative, name, surname, place of residence and eligibility to vote of members, as well as the statement that they do not violate the provisions of paragraphs 1 and 2. (2) Liability for the content of the Declaration. is that prescribed by law for official records.
  

(4) the Committee initiative represents citizens who support the legislative proposal, after signing the lists referred to in this law supporters. Membership Committee of the initiative shall be made, together with a legislative proposal that is the subject of the initiative, through its publication in the Official Gazette of Romania, part i. Publication is exempt from paying any taxes.
  

(5) the Registration Committee shall ensure that the legislative initiative proposal to the competent Chamber of the Parliament, no later than 6 months from the date of its publication. After that date, no legislative proposal may be presented only as a new legislative initiative, under the present law.
  

(6) the Committee initiative will designate from among its members, by majority vote, a President to solve problems and to represent the Committee in its relations with Central and local public authorities.
  


Article 3 (1) the legislative proposal legislative proposal that is the subject of legislative initiative shall be drawn up by the Committee in the form required by the initiative for the draft Bill and will be accompanied by an explanatory memorandum signed by all Committee members.
  

(2) for the purpose of publication, legislative proposal endorsed by the Legislative Council.
  

(3) the notice shall be delivered no later than 30 days after the referral and shall be published together with a legislative proposal.
  

(4) the legislative proposal will be published in the Official Gazette of Romania, part I, within 30 days after the issuance by the Legislative Council.
  

(5) the Legislative Council Referral is made by a member of the initiative Committee, empowered to that end. The authorization shall be signed by the members of the Committee for the initiative and will be accompanied by the deed of incorporation thereof, referred to in art. 2 (2). (3) Representative and responsible. the publication of the Bill.
  


Article 4 the signatures of supporters (1) Promoting the Bill published according to art. 2 (2). (4) the application shall be made on the basis of the citizens, by the signing by them of lists of supporters.
  

(2) the lists of supporters have been drawn up in compliance with the administrative-territorial organisation of the country and include: name of the legislative proposal is the subject of the initiative and identify the official monitor of Romania, part I, in which it was published, and the locality where they have their domicile or residence of supporters; name, surname and domicile of the supporters, the mention of ID and personal identification number code; signatures of supporters. It is forbidden any kind of delegation or representation in order to conclude the list of supporters.
  

(3) the list of supporters drawn up, as well as the signature date, in violation of the provisions of paragraph 1. (2) shall not be taken into account. Signature valid at the time when it was granted cannot be invalidated subsequently.
  

(4) to Bucharest instead of the commune sector; the provisions of this paragraph shall also apply to other municipalities in the territorial-administrative subdivisions.
  

(5) the forms for lists of supporters are printed on sheets of A4 size paper, removable and numbered. The forms shall be printed on one side of the sheet and the provisions referred to in paragraph 1. (2) except for those relating to the supporters, to be completed by hand, when they signed the list.
  

(6) Each printed page of the list of supporters is signed by a member of the Committee for the initiative or another person so designated in writing by the Committee to draw up the list. The person may not be appointed than of supporters.
  

(7) the lists of supporters will be kept in folders, localities, şnuruite and signed declaration of contents on the cover of the second, by the persons referred to in paragraph 1. 6. (8) lists the original Copy shall be kept at the Constitutional Court, and a copy thereof, to the Parliament.
  


Article 5 lists of supporters Attestation (1) attesting the quality of citizen voting and home supporters is made by the Mayor of either personally or, in urban areas, and by City Hall officers empowered by the Mayor for this purpose. The attestation shall be carried out by checking the list of supporters, and as regards place of residence, in collaboration with the local police, if necessary.
  

(2) for the purposes of his report, the file containing the original lists with dates and signatures of supporters to the City Hall. Any interested person may consult the dossier and can challenge the reality of a signature or other provision contained in the list. The opposition is made only in writing and addressed to the Mayor. It, where the opposition concerns, a signature reality settles, calling the breadwinner to confirm your signature. If you cannot confirm the encouraging the signature or refuses to do so, applies the provisions of art. "". (3) the Mayor may be Available. appealed to the Court, who shall settle with the attendance of the parties, in accordance with the procedure of the Presidential Ordinance.
  

(3) an attestation by the Mayor's list of supporters is through the signature of the person who has control of the document, indicating therein, if any, and the date when it was made, as well as attestation by stamping. If the Mayor has requested the assistance of the local police, the body will sign and his representative, stating the aspects that it has verified. The signature is applied to the folder containing the last cover lists checked, initiative Committee, after he was confronted at the Town Hall. Aspects of neatestate are deleted from the list, specifying the provisions of art. "". (3) and (4) the term of accreditation is not more than 15 working days from registration of the dossier at the Town Hall. After the certificate's list of supporters can no longer be contested pursuant to paragraph 1. (2) article 6 Registration Bill (1) a legislative Proposal that is the subject of the citizens ' legislative initiative, accompanied by a statement of reasons and the original lists of supporters, are assigned to the competent Chamber of the Parliament, at the request of members of the Committee. The request includes the empowerment of a maximum of 5 members representing the Committee initiative to promote and support the initiative after registration.
  

(2) the Chamber of the Parliament in which was recorded the legislative initiative of the citizens will send the originals of the supporters of the Constitutional Court, and a copy thereof.
  

(3) registration of the proposal as a legislative initiative shall be only with the observance of the time limit laid down in article 21. 2 (2). 5. (4) where, at the date of registration, are not covered by all the lists of supporters due to failure to meet the time limit laid down in article 21. 5 para. (4) the President of the Chamber, Parliament will ask the Government to speed up operations to attestation. In this case, the lists of supporters filed in addition, but not later than 7 days after attestation, shall be considered on time.
  

(5) For verification by the Constitutional Court of the conditions for the exercise of initiative will send its only attestations lists of supporters.
  


Article 7 verification of initiative by the Constitutional Court


(1) the Constitutional Court, ex officio or on the basis of referral to Parliament's Chairman of the Board at which the initiative will check: a) the Bill constitutional character which initiative;
  

b) conditions relating to the publication of this proposal and if the lists of supporters submitted are certified according to art. 5;
  

c) meeting the minimum number of supporters for the promotion of the initiative referred to in art. 74 and, where appropriate, in article 19. 150 of the Constitution, republished, as well as respect for the territorial dispersion in counties and in Bucharest under the same articles.
  

(2) Receiving the appeal, the President of the Constitutional Court shall designate a judge as rapporteur and will set the deadline for judges ' meeting, for the purpose of the initiative.
  

(3) the Constitutional Court shall decide within 30 days of the date on the Bill and within 60 days of the date on the proposal to revise the Constitution.
  

(4) the decision or, where appropriate, the decision of the Constitutional Court shall be communicated to the President of the Chamber of the Parliament who has noticed it and shall be published in the Official Gazette of Romania, part I.
  

(5) after receipt of the decision of the Constitutional Court, Parliament's Chamber received parliamentary legislative initiative procedure of lawmaking begins. In the latter case the Constitutional Court to pronounce upon the constitutionality of the proposal for the revision of the Constitution, according to art. 146 lit. of the Constitution, republished).
  


Article 8 Repealed.
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Art. 8 was repealed by article. 73 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 9 Repealed.
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Art. 9 was repealed by article. 73 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 10 Repealed.
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Art. 10 has been repealed by article 16. 73 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 11 Repealed.
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Art. 11 was repealed by article. 73 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 12 Repealed.
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Art. 12 was repealed by article. 73 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 13 final provisions the law does not apply to legislative initiatives of citizens, in relation to which the Constitutional Court has rejected her pending entry into force.
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