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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071717/-lege-nr.-16-din-6-martie-2000-privind-nfiinarea%252c-organizarea-i-funcionarea-consiliului-naional-al-persoanelor-vrstnice.html

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Law No. 16 of 6 March 2000 (republished) concerning the establishment, organization and functioning of the National Council of senior citizens *) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 190 of 18 March 2014 _ _ _ _ _ _ _ _ _ _ _ * Note) Republished pursuant to art. 248 of the law nr. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 from November 12, 2012.

Law No. 16/2000 on the establishment, organization and functioning of the National Council of senior citizens has been republished in the Official Gazette of Romania, part I, no. 304 of 8 May 2009 and amended by:-Law No. 27/2011 for the modification and completion of the law #. 16/2000 on the establishment, organization and functioning of the National Council of senior citizens, published in the Official Gazette of Romania, part I, no. 183 of 16 March 2011;
-Law No. 255/2011 for the modification of the law nr. 16/2000, published in the Official Gazette of Romania, part I, no. 866 of 8 December 2011.


Chapter I General provisions article 1 shall establish the National Council of senior citizens, an autonomous body, public advisory, with the aim of institutionalizing social dialogue between elderly and public authorities, to protect the rights and freedoms of these persons.


Article 2 the National Council of senior citizens is Romanian legal entity, non-profit, based in Bucharest.


Article 3 National Council of senior citizens are organized and function according to the provisions of this law and of the rules of organization and operation.


Chapter II powers of the National Council of senior citizens in article 4, the National Council of senior citizens, mainly has the following duties: a) State institutions in the implementation supports the recommendations of the World Assembly of older persons and pursues them;
  

b) proposes the Government programmes relating to continued improvement of living conditions of older persons;
  

c) monitor the implementation of legal regulations concerning the elderly and refer the matter to the competent authorities about the irregularities observed;
  

d) formulate research topics and made the development of sociological studies relating to the lives of older people with specialized institutions and units in the field, carried out their own analyses and viewpoints regarding the improvement of the living standards of older persons;
  

e) advises draft normative acts concerning the elderly, being advisory opinion;
  

f) supports the associative organization of older persons and their active participation in social life;
  

g) represents the elderly from Romania in relations with similar organizations in other countries or with international organisations of older people;
  

h) participates as a representative of civil society concerning the elderly, in working groups, councils and committees organized at the national level and within ministries, agencies and institutions of the treated as such, along with other social partners and Government, analysing and proposing measures relating to improving the living standards of older persons;
  

I) informs on a semi-annual basis and whenever it takes on Romania's President, Prime Minister, heads of central public administration bodies in the field of social protection, as well as prefects and mayors and the heads of the two chambers of Parliament in connection with issues relating to risks and crisis situation where there are some elderly persons;
  

j) co-operates with the permanent representatives of the mass media to inform the population about the issues of older people.
  


Chapter III organization and structure of the National Council of senior citizens in article 5 the National Council of senior citizens has the following members: the Presidents of the county councils) of senior citizens and the sectors of Bucharest;
  

b) Presidents or Vice-Presidents of the central organisations representing pensioners whose health condition allows them to participate in the actions;
  

c one representative), State Secretary, Ministry of labour, social protection and the family, the Elderly, the Ministry of health, the Ministry of economy, Ministry of public finance, of the Ministry of public administration and regional development, Ministry of culture, the National Institute of statistics, of the national authority for disabled persons, the National House of health insurance and the National House of Pensions designated by the public authority in question.
  


Article 6 (1) the National Council of senior citizens has a President and 2 Vice-Presidents.
  

(2) the President and Vice-Presidents of the National Council of senior citizens are elected by the plenary Assembly for a period of 2 years, from among the members referred to in article 1. 5 letter b), without the possibility of renewed President and Vice President.
  


Article 7 can acquire membership of the National Council of senior citizens persons who fulfil the following conditions: (a) Romanian citizenship) and were domiciled in Romania;
  

b) have full capacity of exercise;
  

c) have suffered violent crime convictions for intent;
  

d) have health conditions that might prevent participation in organized actions.
  


Article 8 members of the National Council of senior citizens, as referred to in art. 5 letter the a and b)) are individually check the Commission referred to in article 1. 29 prior to the acquisition of such qualities, if they fulfil the conditions laid down in article 21. 7. In article 9 the term of Office of members of the National Council of senior citizens is 2 years. Members ' term of Office may be renewed, in compliance with the conditions laid down in article 21. 7. Article 10 (1) the National Council of senior citizens is considered to be constituted in accordance with the date on which two thirds of its members were confirmed.
  

(2) up to the date of the establishment of a new National Council of senior citizens, but not later than 45 days after the termination of the term of a member, the Council continues the work previously.
  


Article 11 (1) a member of the National Council of senior citizens will cease in the following situations: (a) the expiry of the term);
  

b) in case of death;
  

c) in the case of resignation;
  

d) in the event of cancellation by the designated persons referred to in art. 5 letter c);
  

(e)) where it no longer fulfils one of the conditions laid down in article 21. 7. (2) the procedure for removal from the membership of the National Council of senior citizens is established by the rules of its own organisation and functioning.
  


Article 12 In the situations referred to in article 1. 11(2). (1) will be called a new nomination which will be confirmed according to the provisions of art. 8. Article 13 of the Commission's members of the National Council of senior citizens represent persons referred to in art. 5 letter b) and (c)), so that pensioners representative central organisations to have a compulsory one representative.


Article 14 (1) by regulation of organization and operation, in the structure of the National Council of senior citizens may be constituted and may operate specialized committees to analyse and initiation of proposals with a view to resolving the issues relating to the elderly.
  

(2) the members of the boards are appointed from among persons who have membership of the National Council of senior citizens.
  


Chapter IV operation and leadership of the National Council of senior citizens in article 15 Operation the National Council of senior citizens shall ensure that: (a) the article;)
  

b) Standing Committee;
  

c) Chairman.
  


Article 16 (1) the article National Council of senior citizens meets on a semi-annual basis in ordinary session and, whenever necessary, in extraordinary session, at the request of the Commission or of at least one quarter of its members.
  

(2) the work of the plenary sittings are held in public, except in cases expressly established by the Standing Committee.
  


Article 17 ensures that the overall conduct of the plenum of the National Council of senior citizens and has the following main tasks: (a) elect its Chairman and those) 2 Vice-Chairmen, under the conditions laid down in article 21. 6 paragraph 1. (2);
  

b) elect members of the Standing Committee;
  

c to approve the composition of commissions);
  

d) approves the Organization and functioning of the National Council of senior citizens;
  

(e) approve the annual budget) income and expenses for their own activities, as well as the report on the implementation of the budget;
  

f) approve the annual report on the work carried out by its members;
  

g) approves an action plan for the next period.
  


Article 18 (1) in the exercise of his powers the plenum shall adopt decisions by a majority vote of the members present.
  

(2) the Plenary Sessions can take place only in the presence of at least two-thirds of its members.
  

(3) the members of the Permanent Commission of the plenum and cannot delegate vote.
  


Article 19 (1) the Standing Committee of the National Council of senior citizens is composed of a President, Vice Presidents and 10 members 2. The President of the National Council of senior citizens is also President of the Standing Committee.
  


(2) the Commission shall ensure permanent leadership of the National Council of senior citizens in the interval between meetings of the plenary and adopted decisions by qualified majority of votes, that they be ratified later by the plenary.
  

(3) the Standing Committee shall meet in workshops at least once per month and has the following main tasks: to bring to fruition) decisions adopted by the National Council of senior citizens;
  

b) adopted decisions between sessions of the plenum in the presence of the President and at least 8 members;
  

c) between current problems are solved sessions of plenum;
  

d) prepares the sessions of the plenum;
  

e to approve the State of functions) and the organizational structure of the Secretariat.
  

(4) the work of the Standing Committee is established by the rules of organization and functioning of the National Council of senior citizens.
  

(5) the President of the National Council of senior citizens, shall receive a monthly allowance the amount of which is equal to the gross average salary used in the justification of the State social insurance budget, and the Vice-Presidents, shall receive a monthly allowance in the amount of 50% of the allowance. Members of the Permanent Commission shall receive a monthly allowance whose amount is 30% of the compensation of the President.
  


Article 20 duties of the President and Vice Presidents of the National Council of senior citizens shall be determined by its rules of organization and operation.


Article 21 the President of the National Council of senior citizens represents the Council in dealings with third parties, in accordance with decisions taken by the Standing Committee and the plenary.


Article 22 (1) the National Council of senior citizens, Permanent Commission and specialty committees, operates with the support of the technical secretariat, consisting of 10 persons, classified in accordance with the provisions of law No. 53/2003-labour code, republished, with subsequent amendments and additions.
  

(2) a technical secretariat is headed by a director general and a Chief Accountant.
  

(3) technical secretariat Employees cannot be members of the National Council of senior citizens.
  

(4) the remuneration of the employees of the technical secretariat shall be carried out at the level provided for by the provisions laid down by law for your ministries.
  

(5) the functions of the Secretariat are set out in the technical rules of organization and functioning of the National Council of senior citizens, and the distribution of their functions of management and execution is done by the job description.
  

6. the technical secretariat shall, in principle, the work of the secretariat in carrying out the work of the plenary of the Standing Committee, and specialized committees of the National Council of senior citizens, as well as the necessary actions of networking with the Government, Central and local public institutions, prefectures, County and local councils, with representatives of civil society who have powers and concerns the protection of older people; administers and manages the funds at their disposal, monitor the implementation of the budget within the limits of funds allocated from the State budget.
  


Article 23 (1) the National Council of senior citizens, through the technical secretariat, shall be entitled to require from any legal person whether governed by public or private data and information necessary for the performance of the Council, and these persons are obliged to report them, observing the legal norms in force.
  

(2) the preservation and use of the data and information will be made in compliance with confidentiality established by the issuer.
  


Article 24 (1) at the level of counties and Bucharest sectors is established and operates a Council of senior citizens, to fulfil the tasks laid down in the rules of organization and operation.
  

(2) senior citizens Council of paragraph. (1) consists of all Presidents or Vice-Presidents, in justified cases, pensioners ' organisations and senior citizens of the district sectors of Bucharest, with legal personality or who are affiliated with one of the central organisations of pensioners with a representative of the National Council of senior citizens.
  

(3) Directing the county councils of the elderly persons concerned of the sectors of Bucharest, is managed by a President and a Vice President and is conducted through the voluntary contribution of the other members.
  

(4) the Chairman, Vice-Chairman and members of the District Councils of the elderly persons concerned of the sectors of Bucharest, are elected for a period of 2 years, with fulfilment of the conditions laid down in article 21. 7. (5) the Presidents of the county councils of the elderly persons concerned of the sectors of Bucharest, receiving a quarterly allowance at the level of the minimum gross basic salary per country guaranteed in payment, and the Vice-Chairmen, a quarterly allowance in the amount of 75% of it.
  


Article 25 (1) in order to solve the problems of the central level to senior citizens, within the framework of the specialty of the Ministry of labour, family and social protection of older persons will be designated which will ensure a permanent collaboration with the National Council of senior citizens.
  

(2) for the resolution of local problems of older people within each directions of work and social protection, and the District of Bucharest, is the designated person shall ensure permanent collaboration with the county councils of the elderly persons concerned of the sectors of Bucharest.
  


Article 26 Prefectures, county councils, the General Bucharest City Council and local councils will help the county councils of the elderly persons concerned of the sectors of Bucharest, as well as the National Council of senior citizens for the allocation of the necessary premises activities.


Chapter V activities Financing article 27 (1) Financing current expenditure and capital of the National Council of senior citizens and the county councils of the elderly persons concerned of the sectors of Bucharest, from donations, sponsorships and other nonprofit activities, carried out in accordance with the law, as well as transfers from the State budget which shall be provided in the budget of the Ministry of labour, family and social protection of older people.
  

(2) funds allocated from the State budget are intended for the following categories of expenditure: a) personnel expenditure, materials and capital for the technical secretariat of the National Council of senior citizens;
  

b) deduction Permanent Committee members of the National Council of senior citizens, as well as Presidents and Vice-Presidents of District Councils of the elderly persons concerned of the sectors of Bucharest;
  

c) travel expenses, subsistence expenses and accommodation for members of the National Council of senior citizens, in the amounts established by law;
  

d) materials and services for the operation of the National Council of senior citizens, as well as to the Permanent Commission and the county councils of the elderly persons concerned of the sectors of Bucharest;
  

e) capital expenditure for the National Council of senior citizens and the county councils of the elderly persons concerned of the sectors of Bucharest.
  

(3) the Ministry of labour, social protection and Family, senior citizens, in their capacity as authorising officer, shall ensure that the National Council of senior citizens funds for reimbursement referred to in paragraph 1. (2) on the basis of supporting documents, according to the law. In the case of the county councils of the elderly persons concerned of the sectors of Bucharest, these documents shall be drawn up under the auspices of methodological directions of work and social protection, and the District of Bucharest, which are subordinated to the Ministry of labour, family and social protection of older people.
  

(4) the President of the National Council of senior citizens and Presidents of the county councils of the elderly persons concerned of the sectors of Bucharest, responsible for the spending of appropriations from the State budget, according to the destinations covered by paragraph 1. 2. Chapter VI final provisions Article 28 (1) within 30 days after the date of publication of this law in the Official Gazette of Romania, part I, Central organisations of pensioners will form a Committee to prepare for the establishment and organization of the first National Council of senior citizens.
  

(2) for the purposes of this law, by the Central Organization of pensioners representative means the organization that meets the following conditions: (a) cumulative) minimum number of 75,000 members;
  

b) has at least 15 branches at county level and, respectively, of the municipality of Bucharest;
  

c) constantly pursuing actions to assist elderly persons at a disadvantage.
  

(3) are exempted from the obligation of fulfilling the condition laid down in paragraph 1. (2) (a). the representative of the central organizations) retirees and military veterans of the war.
  


Article 29


Commission to prepare for the establishment and organization of the first National Council of senior citizens is composed of 15 members, two from organizations of retirees, and is headed by the Minister of labour, family and social protection of older people.


Article 30 the Commission preparatory to the establishment and organization of the National Council of senior citizens has the following duties: (a) members of the first Council) confirms the Elderly proposed by the county councils of the elderly persons concerned of the sectors of Bucharest and the central organisations of pensioners;
  

b) draft regulations governing the Organization and functioning of the National Council of senior citizens;
  

c) plenum convened the National Council of senior citizens in the first session.
  


Article 31 the Committee on preparation for the establishment and organization of the National Council of senior citizens outgoing at the first sitting of the plenary Council, whose deployment date shall not exceed three months from the date of entry into force of this law.


Article 32 at the expiry of the term of the members of the National Council of senior citizens, a technical secretariat takes over the tasks of the Preparatory Commission. 30, for the establishment of a new Board, and deals in a period not exceeding 30 days to be validated and to elect the President and Vice President.
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