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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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LEGE no. 189 189 of 9 December 1999 (** republished) (* updated *) on the exercise of legislative initiative by citizens ((applicable from 1 February 2014 *)
ISSUER PARLIAMENT




---------- *) The updated form of this normative act until February 1, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes and additions made by: LAW no. 187 187 of 24 October 2012 . The content of this act is not an official document, being intended to inform users ** **) Republicated pursuant to art. II of Law no. 76/2004 to amend and supplement Law no. 189/1999 on the exercise of the legislative initiative by citizens, published in the Official Gazette of Romania, Part I, no. 300 of 6 April 2004, giving the texts a new numbering. Law no. 189/1999 on the exercise of the legislative initiative by citizens was published in the Official Gazette of Romania, Part I, no. 611 611 of 14 December 1999. + Article 1 Exercise of (1) The legislative initiative of citizens shall be exercised in compliance with the provisions of 74 74 para. ((1) and (2) or, as the case may be, of art. 150 of the Constitution, republished, under the conditions provided by this law. (2) The legislative initiative of citizens shall be exercised by a legislative proposal drawn up pursuant to art. 74 of the Constitution, republished, in the field of organic or ordinary laws, and pursuant to art. 150 of the Constitution, republished in the field of constitutional laws. + Article 2 Initiative Committee ((1) The promotion of the citizens ' legislative initiative shall be ensured by an initiative committee composed of at least 10 citizens entitled to vote. (2) I cannot be part of the initiative committee the persons elected by universal suffrage, the members of the Government, the persons appointed according to the Prime Minister or who cannot be part, according to the law, from political parties. (3) The establishment of the initiative committee shall be made by an authenticated statement to a notary public, including the purpose of the initiative, the name, surname, the status of voter and the members ' domicile, and the declaration that they do not violate provisions of para. ((2). The liability for the content of the declaration is that provided by law for official documents. (4) The initiative committee represents the citizens who support the legislative proposal, after their signing of the lists of supporters provided for in this law. The composition of the initiative committee is informed, together with the legislative proposal that is the subject of the initiative, by publication in the Official Gazette of Romania, Part I. The publication is exempt from the payment of any tax. (5) The initiative committee shall ensure the registration of the legislative proposal at the competent Chamber of Parliament, no later than 6 months from the date of its publication. After this deadline, the legislative proposal can only be presented as a new legislative initiative, under the present law. (6) The initiative committee will appoint one of its members, with a majority of votes, a president to resolve the operative issues and to represent the committee in its relations with the central and local public authorities. + Article 3 Legislative proposal (1) The legislative proposal that is the subject of the legislative initiative shall be drawn up by the initiative committee in the form required for the bills and shall be accompanied by a statement of reasons signed by all the members of the committee. (2) For publication, the legislative proposal shall, in advance, be endorsed by the Legislative Council. ((. The opinion shall be issued no later than 30 days after the referral and shall be published with the legislative proposal. (4) The legislative proposal shall be published in the Official Gazette of Romania, Part I, within 30 days from the issuance of the opinion by the Legislative Council. (5) The referral to the Legislative Council shall be made by a member of the initiative committee, empowered for this purpose. The power of attorney shall be signed by the members of the initiative committee and shall be accompanied by the act of its formation, provided for in art. 2 2 para. ((3). The empowered also responds to the publication of the legislative proposal + Article 4 Signatures of supporters (1) Promotion of the legislative proposal published in accordance with 2 2 para. (4) is based on the adhesion of citizens, by signing by them the lists of supporters. (2) The lists of supporters shall be established in compliance with the administrative-territorial organization of the country and include: the name of the legislative proposal that is the subject of the initiative and the identification of the Official Monitor of Romania, Part I, in which it The name, surname and domicile of the supporters, the mention of the identity document and the personal numerical code; the signatures of the supporters. Any kind of delegation or representation is prohibited for signing the list of supporters. (3) List of supporters drawn up, as well as the date signature, in violation of the provisions of para. ((2), shall not be taken into account. The signature valid on the date when it was granted cannot be refuted later. (4) For the city of Bucharest instead of the locality will pass the sector; the provisions of this paragraph shall apply to other municipalities made up of administrative-territorial subdivisions. (5) The forms for the lists of supporters shall be printed on sheets of A4 format, removable and numbered. The forms shall be printed on one side of the sheet and shall contain the provisions referred to in paragraph (2), with the exception of those relating to supporters, who complete their hand, when they sign the list. (6) Each printed page of the list of supporters shall be signed by a member of the initiative committee or by another person empowered in writing by the committee to draw up the list. The empowered person can only be designated among the supporters. (7) The lists signed by the supporters shall be kept in the files, by localities, snugly and signed for the attestation of the content, on the second cover, by the persons referred to in par. ((6). (8) The original example of the lists is kept at the Constitutional Court, and a copy of it, at the Parliament. + Article 5 Attestation of lists of supporters (1) The testing of the quality of citizen with the right to vote and the domicile of supporters is made by the mayor of the locality either personally or, in urban localities, and through the officials of the mayor's office empowered by the mayor for this purpose The attestation is made by checking the list of supporters, and in terms of domicile, in collaboration with the local police body, if applicable. (2) For attestation, the file containing the original lists with the data and signatures of the local supporters shall be submitted to the town hall. Any interested person may consult the file and challenge the reality of the signature or another provision contained in the lists. The appeal is made only in writing and is addressed to the mayor. It, if the appeal concerns the reality of the signature, resolves it, asking the supporter to confirm the signature. If the supporter cannot confirm the signature or refuse to do so, the provisions of art. 4 4 para. ((3). The mayor's disposition can be challenged at the court, which will settle it with the summoning of the parties, according to the presidential order procedure. (3) The mayor's testing of the list of supporters shall be made by the signature of the person who carried out the control, with the indication of the act of empowerment, if applicable, and of the date when the attestation was made, as well as by the application of the stamp. If the mayor requested the support of the local police body, he will also sign his representative, stating the aspects he checked. The signature is applied on the last cover of the file containing the verified lists, located at the initiative committee, after being confronted with the one submitted to the town hall. The non-certified aspects shall be removed from the list, making the provisions of art. 4 4 para. ((3). (4) The term of attestation shall be no more than 15 working days from the registration of the file at the After the attestation the list of supporters can no longer be challenged according to para. ((2). + Article 6 Registration of legislative (1) The legislative proposal which is the subject of the citizens ' legislative initiative, accompanied by the explanatory memorandum and the originals of the lists of supporters, shall be registered at the competent Chamber of Parliament, at the request signed by the initiative committee. The application also includes the empowerment of no more than 5 members representing the initiative committee to promote and support the initiative after registration. (2) The Chamber of Parliament to which the citizens ' legislative initiative was registered will send the originals of the lists of supporters to the Constitutional Court, keeping a copy of them. (3) The registration of the proposal as a legislative initiative shall be made only in compliance with the time 2 2 para. ((5). (4) If, at the date of registration, all lists of supporters are not attested as a result of non-compliance with the deadline provided for in art. 5 5 para. (4), the Speaker of the Chamber of Parliament will ask the Government to expedite the attest In this case, the lists of supporters submitted in addition, but no later than 7 days after the attestation, shall be considered within the deadline. (5) For the verification by the Constitutional Court of the conditions for the exercise of the initiative, only lists of certified supporters will be sent to it. + Article 7 Verification of initiative by the Constitutional Court (1) The Constitutional Court, ex officio or on the basis of the complaint of the Speaker of the Parliament to which the initiative was registered, shall verify a) the constitutional nature of the legislative proposal under the initiative; b) fulfilling the conditions regarding the publication of this proposal and if the lists of supporters presented are attested according to art. 5 5; c) meeting the minimum number of supporters for the promotion of the initiative, provided in art. 74 and, as the case may be, art. 150 of the Constitution, republished, as well as respect for territorial dispersion in counties and in Bucharest, provided by the same articles. ((2) Receiving the complaint, the President of the Constitutional Court will appoint a judge as rapporteur and will set the deadline for the meeting of judges, in order to verify the initiative. (3) The Constitutional Court shall rule within 30 days from the referral on the legislative proposal and within 60 days from the referral on the proposal for revision of the Constitution. (4) The decision or, as the case may be, the decision of the Constitutional Court shall be communicated to the Speaker of the Chamber of Parliament who notified it and shall be published in the (5) From the date of receipt of the Constitutional Court's decision, the Chamber of Parliament notified with the legislative initiative begins the parliamentary legislative procedure. In the latter case the Constitutional Court also rules on the constitutionality of the proposal to revise the Constitution, according to art. 146 lit. a) of the Constitution, republished. + Article 8 Repealed. ------------ Article 8 was repealed by art. 73 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 9 Repealed. ------------ Article 9 was repealed by art. 73 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 10 Repealed. ------------ Article 10 was repealed by art. 73 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 11 Repealed. ------------ Article 11 was repealed by art. 73 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 12 Repealed. ------------ Article 12 has been repealed by art. 73 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 13 Final provisions The law does not apply to citizens ' legislative initiatives, on which the Constitutional Court ruled until the date of its entry into force. ________________