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Law No. 16 Of 6 March 2000 On The Establishment, Organization And Functioning Of The National Council Of Senior Citizens

Original Language Title:  LEGE nr. 16 din 6 martie 2000 privind înfiinţarea, organizarea şi funcţionarea Consiliului Naţional al Persoanelor Vârstnice

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LEGE no. 16 16 of 6 March 2000 (* republished *) on the establishment, organization and functioning of the National Council of Elderly *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 190 190 of 18 March 2014



_____________ Note * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 757 of 12 November 2012. Law no. 16/2000 on the establishment, organization and functioning of the National Council of Elderly was republished in the Official Gazette of Romania, Part I, no. 304 304 of 8 May 2009 and has been amended by: - Law no. 27/2011 to amend and supplement Law no. 16/2000 on the establishment, organization and functioning of the National Council of Elderly People, published in the Official Gazette of Romania, Part I, no. 183 183 of 16 March 2011; - Law no. 255/2011 for amendment Law no. 16/2000 , published in the Official Gazette of Romania, Part I, no. 866 866 of 8 December 2011. + Chapter I General provisions + Article 1 The National Council of Elderly, autonomous, advisory body of public interest is established, in order to institutionalize the social dialogue between older people and public authorities, for the protection of rights and freedoms these people. + Article 2 The National Council of Older Persons is the Romanian legal person, without profit, based in Bucharest. + Article 3 The National Council of Elderly is organized and operates according to the provisions of this law, as well as its own regulation of organization and functioning. + Chapter II Tasks of the National Council of Elderly + Article 4 The National Council of Elderly People mainly has the following tasks: a) supports state institutions in implementing the recommendations of the World Assembly of Elderly People and aims to achieve them; b) proposes to the Government programs on continuous improvement of the living conditions of elderly people; c) pursues the application of legal regulations on older persons and notifies the competent bodies about the deviations d) formulates research topics and contracts the elaboration of sociological studies on the life of elderly people with specialized institutions and units in the field, carries out own analyses and elaborates views on improving the standard of living of older people; e) endorses draft normative acts concerning the elderly, the opinion being advisory; f) supports the associative organization of elderly people and their active participation in social life; g) represent elderly people in Romania in relations with similar organizations in other countries or with international organizations of elderly people; h) participate, as a representative of civil society on older persons, in working groups, councils and committees organised at national, local and in ministries, agencies and institutions assimilated to them, along with other social and government partners, who analyze and propose measures aimed at improving the living standards of older people; i) informs semi-annually and whenever there is a need on the President of Romania, the Prime Minister, the heads of the central public administration bodies with attributions in the field of social protection, prefects and mayors, as well as the two Houses of Parliament in relation to issues concerning the risks and the crisis situation in which some elderly people are found; j) maintains permanent relations of collaboration with media representatives, to inform the population about the issue of elderly people. + Chapter III Organization and structure of the National Council of Elderly + Article 5 The National Council of Elderly has the following composition: a) the presidents of the county councils of the elderly and the sectors of Bucharest b) the chairpersons or vice-presidents of the representative central organizations of pensioners whose health status allows them to participate permanently in the established actions; c) one representative, at the level of State Secretary, Ministry of Labour, Family, Social Protection and Elderly, Ministry of Health, Ministry of Economy, Ministry of Public Finance, Ministry of Development Regional and Public Administration, the Ministry of Culture, the National Statistical Institute, the National Authority for Persons with Disabilities, the National Health Insurance House and the National House of Public Pensions, designated by management of that public authority. + Article 6 (1) The National Council of Elderly has a president and 2 vice-presidents. (2) The chairman and vice-presidents of the National Council of Elderly shall be elected by the plenary for a period of 2 years, among the members referred to in art. 5 lit. b), without the possibility of renewing the term of office of the President, respectively + Article 7 I can acquire the membership of the National Council of Elderly People who meet the following conditions: a) have Romanian citizenship and domicile in Romania; b) have full exercise capacity; c) have not suffered convictions for crimes committed with intent; d) does not have health conditions that could prevent participation in organized actions. + Article 8 Members of the National Council of Elderly People, provided in art. 5 lit. a) and b), are individually checked by the commission provided for in art. 29 before the acquisition of this quality, if they meet the conditions laid down in art. 7. + Article 9 The term of office of members of the National Council of Elderly is 2 years. The term of office of members may be renewed, in compliance with the conditions 7. + Article 10 (1) The National Council of Elderly shall be deemed to be legally constituted on the date two thirds of its members have been confirmed. (2) Until the date of establishment of a new National Council of Elderly Persons, but no later than 45 days after the end of the term of office of the members, the previous council shall continue its activity. + Article 11 (1) The membership of the National Council of Elderly shall cease in the following situations: a) upon expiry of the mandate b) in case of death; c) in case of resignation; d) in case of revocation by the one who appointed him, for the persons referred to in art. 5 lit. c); e) if it no longer meets one of the conditions provided for in art. 7. (2) The procedure of revocation from the membership of the National Council of Elderly shall be established by its own rules of organization and functioning. + Article 12 In the situations provided in art. 11 11 para. (1) will be appointed a new member, appointment that will be confirmed according to the provisions of art. 8. + Article 13 The members of the permanent commission of the National Council of Elderly persons represent the persons referred to in 5 lit. b) and c), so that the representative central organizations of pensioners must have a representative each. + Article 14 (1) By the regulation of organization and functioning, in the structure of the National Council of Elderly Persons may be established and specialized commissions may function for the analysis and initiation of proposals, in order to solve the problems look at older people (2) The members of the specialized committees are appointed from among the persons who are members of the National Council of Elderly. + Chapter IV Functioning and leadership of the National Council of Elderly + Article 15 The functioning of the National Council of Elderly is ensured by: a) the council's plenary; b) the standing committee; c) President. + Article 16 (1) The plenum of the National Council of Elderly shall meet semi-annually in ordinary sessions and, whenever necessary, in extraordinary sessions, at the request of the standing committee or at least one-fourth of the number of its members. ((2) The work of the plenum shall be carried out in public meetings, unless expressly established by the standing committee. + Article 17 The plenary provides the general leadership of the National Council of Elderly People and has the following main tasks: a) elect the President and the 2 Vice-Presidents, under the conditions provided in art. 6 6 para. ((2); b) elect members of the standing committee c) approve the composition of the specialized commissions; d) approves the Regulation on organization and functioning of the National Council of Elderly; e) approve the annual revenue and expenditure budget for its own activity, as well as the report on budget implementation; f) approves the annual report on the work carried out by its members g) approves the action plan for the next period. + Article 18 (. In the exercise of his duties the plenum shall adopt decisions with the vote of the majority ((. The plenary sessions may take place only in the presence of at least two thirds of the number of its members. ((. The members of the plenum and the standing committee shall not delegate the vote. + Article 19 (1) The permanent commission of the National Council of Elderly is made up of the President, 2 Vice-Presidents and 10 members. The president of the National Council of Elderly is also the chairman of the standing committee (2) The permanent commission shall ensure the leadership of the National Council of Elderly in the interval between the plenary sessions and adopt decisions by qualified majority of votes, and they will be ratified later by the plenary. (. The standing committee shall meet in working meetings at least once a month and shall have the following main tasks: a) bring to fruition the decisions adopted by the National Council of Elderly; b) adopt decisions between the plenary sessions, in the presence of the President and at least 8 members; c) solve the current problems between plenary sessions; d) prepare the plenary sessions in good conditions; e) approves the state of functions and the organizational structure of the technical secretariat. (4) The working procedure of the standing committee is established by the Regulation on the organization and functioning of the National Council of Elderly. (5) The President of the National Council of Elderly shall receive a monthly allowance, the amount of which is equal to the average gross salary used to substantiate the state social insurance budget, and the Vice-Presidents shall benefit from a monthly allowance in the amount of 50% of the president's allowance. Members of the standing committee shall receive a monthly allowance, the amount of which shall be 30% of the President's allowance. + Article 20 The duties of the President and the Vice-Presidents of the National Council of Elderly shall be established by its regulation of organization and functioning. + Article 21 The president of the National Council of Elderly represents the council in relations with third parties, according to the decisions taken by the permanent and plenary committee. + Article 22 (1) The National Council of Elderly Persons, the permanent commission and the specialized committees shall carry out their activity with the support of the technical secretariat, consisting of 10 persons, employed in accordance with the provisions Law no. 53/2003 -Labor Code, republished, with subsequent amendments and completions. (. The technical secretariat shall be headed by a managing director and shall have a chief accounting officer. (3) Employees of the technical secretariat may not be members of the National Council of Elderly. (4) Salarization of employees of the technical secretariat is carried out at the level provided by the legal provisions for the apparatus of ministries (5) The tasks of the technical secretariat are established in the Regulation of organization and functioning of the National Council of Elderly Persons, and their distribution on the management and execution functions is carried out through the job description. (6) The technical secretariat shall ensure, in particular, the secretarial work for carrying out the work of the plenum, the standing committee and the specialized committees of the National Council of Elderly, as well as those necessary for the actions of relations with the Government, central and local public institutions, prefectures, county and local councils, with representatives of civil society who have powers and concerns in the field of protection of elderly people; the funds available to them, monitor the implementation of the budget the limit of funds allocated from the state budget. + Article 23 (1) The National Council of Elderly, through the technical secretariat, has the right to request from any legal person public or private law the data and information necessary for the performance of the duties of the council, and these persons are required to transmit them, in compliance with the legal norms in force. (2) The retention and use of data and information will be done in compliance with the confidentiality established by the issuer. + Article 24 (1) At the level of the counties and sectors of the city of Bucharest, a council of elderly persons is established and operates, fulfilling the duties established in its own organization and functioning regulation. (2) The council of elderly persons provided in par. (1) shall be constituted of all presidents or vice-presidents, in duly justified cases, of the organizations of pensioners and county elderly persons, respectively of the sectors of Bucharest, with legal personality or who are affiliated at one of the central organizations of pensioners with representative in the National Council of Elderly. (3) The management of the county councils of the elderly, respectively of the sectors of Bucharest, is provided by a president and a vice president and is carried out through the voluntary contribution of the other members of them. (4) The president, deputy chairman and members of the county councils of the elderly, respectively of the sectors of Bucharest, shall be elected for a period of 2 years, with the fulfilment of the conditions provided in 7. (5) The chairpersons of the county councils of the elderly, respectively of the sectors of Bucharest, benefit, quarterly, from an allowance at the level of the minimum gross basic salary per country guaranteed in payment, and the vice-presidents, of a quarterly allowance in the amount of 75% of it. + Article 25 (1) For the central settlement of the issues of elderly persons, within the specialized apparatus of the Ministry of Labour, Family, Social Protection and Elderly people will be designated persons who will ensure the collaboration Permanent with the National Council of Elderly. (2) For the local settlement of the issues of elderly persons, within each direction of work and county social protection, respectively of the city of Bucharest, is designated the person who ensures the permanent collaboration with the councils county of elderly people, respectively of the sectors of Bucharest. + Article 26 The prefectures, the county councils, the General Council of Bucharest and the local councils will support the county councils of the elderly, respectively of the sectors of Bucharest, as well as the National Council of Persons Elderly for distribution of premises necessary to carry out the activity. + Chapter V Financing activities + Article 27 (1) The financing of current and capital expenditures of the National Council of Elderly Persons and of the county councils of the elderly, respectively of the sectors of Bucharest, shall be ensured from donations, sponsorships, other non-profit activities, carried out under the law, as well as from transfers from the state budget that are provided in the budget of the Ministry of Labour, Family, Social Protection and Elderly. (2) The funds allocated from the state budget are intended for the following categories of expenditure: a) personnel, materials and capital expenditures for the technical secretariat of the National Council of Elderly; b) payment of allowances to the members of the permanent commission of the National Council of Elderly Persons, as well as of the presidents and vice-presidents of the county councils of the elderly, respectively of the sectors of Bucharest; c) transport expenses, daily allowance and accommodation for members of the National Council of Elderly, in the amounts established by the legal provisions; d) material expenses and services for the functioning of the National Council of Elderly Persons, as well as of the permanent commission and of the county councils of the elderly, respectively of the sectors of Bucharest; e) capital expenditures for the endowment of the National Council of Elderly Persons and the county councils of elderly persons, respectively of the sectors of Bucharest. (3) The Ministry of Labour, Family, Social Protection and Elderly, as the principal authorising officer, shall ensure the National Council of Elderly Persons the funds for the settlement of the expenses provided in par. (2), based on supporting documents, according to the law. In the case of county councils of elderly persons, respectively of the sectors of Bucharest, these documents are elaborated under the methodological coordination of the county labor and social protection departments, respectively of the municipality Bucharest, subordinated to the Ministry of Labour, Family, Social Protection and Elderly. (4) The president of the National Council of Elderly and the chairmen of the county councils of the elderly, respectively of the sectors of Bucharest, are responsible for spending the amounts allocated from the state budget, according to the destinations regulated in par. ((2). + Chapter VI Final provisions + Article 28 (1) Within 30 days from the date of publication of the present law in the Official Gazette of Romania, Part I, the central organizations of pensioners will constitute a training commission for the establishment and organization of the first National Council of Older People. (2) For the purposes of this law, the central representative office of pensioners means the organization that cumulatively meets the following conditions: a) has a minimum of 75,000 contributing members; b) has at least 15 branches at the county level and, respectively, of the city of Bucharest; c) constantly carry out actions to help disadvantaged elderly people. (3) They are exempted from the obligation to fulfill the condition provided in par. ((2) lit. a) the representative central organizations of military and war veterans pensioners. + Article 29 The preparation committee for the establishment and organization of the first National Council of Elderly is made up of 15 members, 2 each from the central organizations of pensioners, and is led by the Minister of Labour, Family, Protection social and older people. + Article 30 The training committee for the establishment and organization of the National Council of Elderly has the following tasks: a) confirms the members of the first National Council of Elderly Persons, at the proposal of the county councils of the elderly, respectively of the sectors of Bucharest and of the central organizations of pensioners; b) elaborates the draft Regulation on organization and functioning of the National Council of Elderly; c) convenes the plenum of the National Council of Elderly in the first meeting. + Article 31 The preparation committee for the establishment and organization of the National Council of Elderly shall cease its activity at the first meeting of the council plenum, the date of which may not exceed 3 months from the date of entry into force of the this law. + Article 32 Upon the expiry of the mandate of the members of the National Council of Elderly, the technical secretariat shall take over the tasks of the training committee 30, for the establishment of a new council, and it is concerned that in a period of no more than 30 days it will be validated and elect the president and the vice president. _________