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Law No. 24 Of 27 March 2000 On The Rules Of Legislative Technique For The Preparation Of Normative Acts

Original Language Title:  LEGE nr. 24 din 27 martie 2000 privind normele de tehnică legislativă pentru elaborarea actelor normative

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LEGE no. 24 24 of 27 March 2000 (** republished) (* updated *) on legislative technical rules for the elaboration of normative acts ((updated until 18 March 2011 *)
ISSUER PARLIAMENT




------------ ** **) Republicated pursuant to art. II of Law no. 60/2010 on approval Government Emergency Ordinance no. 61/2009 to amend and supplement Law no. 24/2000 on the rules of legislative technique for the elaboration of normative acts, published in the Official Gazette of Romania, Part I, no. 215 of 6 April 2010, giving the texts a new numbering. Law no. 24/2000 on the rules of legislative technique for the elaboration of normative acts was republished in the Official Gazette of Romania, Part I, no. 777 of 25 August 2004 and subsequently amended and supplemented by: - Law no. 49/2007 to amend and supplement Law no. 24/2000 on the rules of legislative technique for the elaboration of normative acts, published in the Official Gazette of Romania, Part I, no. 194 194 of 21 March 2007; - Law no. 173/2007 for completion art. 53 53 of Law no. 24/2000 on the rules of legislative technique for the elaboration of normative acts, published in the Official Gazette of Romania, Part I, no. 406 406 of 18 June 2007; - Law no. 194/2007 to amend and supplement Law no. 24/2000 on the rules of legislative technique for the elaboration of normative acts, published in the Official Gazette of Romania, Part I, no. 453 453 of 4 July 2007; - Government Emergency Ordinance no. 61/2009 to amend and supplement Law no. 24/2000 on the rules of legislative technique for the elaboration of normative acts, published in the Official Gazette of Romania, Part I, no. 390 390 of 9 June 2009. + Chapter I General provisions General provisions Law-making work + Article 1 (1) The regulation of social relations by law and other categories of normative acts is carried out in compliance with the general principles of lawmaking of the system of Romanian law. (2) The normative acts shall be initiated, elaborated, adopted and applied in accordance with the provisions of the Romanian Constitution, republished, with the provisions of the present law, as well as with the principles of law order. (3) Law-making is the main way of implementing public policies, ensuring the necessary tools for the implementation of economic and social development solutions, as well as for the exercise of authority public. Legislative technique + Article 2 (1) The legislative technique ensures the systematization, unification and coordination of legislation, as well as the content and legal form suitable for each normative act (2) The rules of legislative technique define the constitutive parts of the normative act, the structure, the form and the way of systematization of its content, the technical procedures regarding the modification, completion, abrogation, publication and publication of the acts normative, as well as language and style of normative act. Compliance with legislative technical standards + Article 3 (1) The rules of legislative technique are mandatory for the elaboration of draft laws by the Government and legislative proposals belonging to the deputies, senators or citizens, in the framework of the exercise of the right to the legislative initiative, the elaboration and adoption of the Government's ordinances and decisions, as well as the elaboration and adoption of normative acts of the other authorities with such powers. (2) The rules of legislative technique shall apply, accordingly, to the elaboration and adoption of draft orders, instructions and other normative acts issued by the heads of the central specialized public administration bodies, as well as elaboration and adoption of normative acts issued by local public administration authorities. Hierarchy of normative acts + Article 4 (. The normative acts shall be drawn up according to their hierarchy, their category and the competent public authority to adopt them. (2) The categories of normative acts and the norms of competence regarding their adoption are established by the Romanian Constitution, republished, and by the other laws. (3) The normative acts given in the execution of the laws, ordinances or decisions of the Government shall be issued within the limits and according to the rules that order them. Initiating normative acts + Article 5 (1) The draft laws shall be drawn up as a result of exercising, according to the Constitution, the right of legislative initiative. (2) The projects of other categories of normative acts shall be developed by the competent authorities to initiate them, according to the law Content and substantiation of legislative solutions + Article 6 (1) The draft normative act must establish necessary, sufficient and possible rules that lead to as much stability and legislative efficiency as possible. The solutions it includes must be thoroughly substantiated, taking into account the social interest, the legislative policy of the Romanian state and the requirements of correlation with all internal regulations and the harmonization of national legislation with Community legislation and international treaties to which Romania is a party, as well as the case law of the European Court of Human Rights. --------- Alin. ((1) of art. 6 6 has been amended by section 1 1 of art. I of LAW no. 29 29 of 11 March 2011 , published in MONITORUL OFFICIAL no. 182 182 of 15 March 2011. (2) For the foundation of the new regulation, it will start from the present and prospective social desiderata, as well as from the inadequacies of the legislation in force. (3) The draft normative acts shall be subject to adoption accompanied by a statement of reasons, a foundation note or an approval reference, as well as an impact study, as the case may be. (4) The normative acts with impact on the social, economic and environmental fields, on the consolidated general budget or on the legislation in force are elaborated on the basis of public policy documents approved by the Parliament or by the Government. The government defines the types and structure of public policy documents. Preliminary assessment of the impact of the + Article 7 (1) The preliminary assessment of the impact of the bills, legislative proposals and other draft normative acts is a set of activities and procedures carried out in order to ensure an adequate foundation of the initiatives legislative. The preliminary impact assessment involves identifying and analysing the economic, social, environmental, legislative and budgetary effects that the proposed regulations produce. (2) The preliminary assessment of the impact of draft normative acts is considered to be the method of foundation for the proposed legislative solutions and must be carried out before the adoption of normative acts. (3) The foundation of the new regulation must consider both the impact assessment of the specific legislation in force at the time of elaboration of the draft normative act and the evaluation of the impact of public policies on which the draft normative act implement them. (3 ^ 1) Legislative proposals, draft laws and other draft normative acts will necessarily be accompanied by a preliminary assessment of the impact of the new regulations on human rights and fundamental freedoms. --------- Alin. (3 ^ 1) of art. 7 7 has been introduced by section 2 2 of art. I of LAW no. 29 29 of 11 March 2011 , published in MONITORUL OFFICIAL no. 182 182 of 15 March 2011. (4) The preliminary assessment of the impact is carried out by the initiator of the draft normative act. In the case of complex normative acts, the impact assessment can be carried out, on the basis of a service contract, by the institutes of scientific research, universities, commercial companies or non-governmental organizations, in accordance with the legal provisions in force regarding public procurement. (5) In order to elaborate the preliminary assessment of the impact of legislative proposals initiated by MPs and senators, as well as those based on citizens ' initiative, members of Parliament may request the Government to ensure access to data and the information necessary to achieve it (. Application of the provisions of paragraph (1)-(5) is not mandatory in the case of legislative initiatives of deputies and senators, as well as those based on the citizens ' initiative. Form of drafting of normative acts + Article 8 (1) The draft laws, legislative proposals and other draft normative acts shall be drawn up in a prescriptive form of their own legal norms. (2) By way of expression the normative act must ensure its provisions of a binding nature. (3) The provisions contained in the normative act may be, as the case may be, imperative, suppletive, permissive, alternative, derogatory, optional, transient, temporary, of recommendation or the like; these situations must arise expressly from the drafting rules. (4) The legislative text must be formulated clearly, fluently and comprehensibly, without syntactic difficulties and obscure or equivocal passages. No terms with affective load are used. The form and aesthetics of expression must not prejudice the legal style, precision and clarity of the provisions. Endorsement of projects + Article 9 (1) In the cases provided by law, in the elaboration phase of draft normative acts the initiator must request the opinion of the interested authorities in their application, depending on the subject of the regulation. (2) After their elaboration and the conclusion of the approval procedure provided in par. (1), draft laws, legislative proposals, as well as draft ordinances and normative decisions of the Government shall be subject to the approval of the Legislative Council. (3) The approval procedure and the object of the opinion of the Legislative Council are laid down in its organic law and its regulation of organization and functioning. Opinion Of The Legislative Council + Article 10 (. The opinion of the Legislative Council shall be formulated and submitted in writing. He can be: favorable, favorable with objections or proposals or negative. (. The favourable opinions which contain objections or proposals, as well as the negative ones, shall be reasoned and may be accompanied by the documents or information on which they are supported. (3) The opinion of the Legislative Council is a specialized opinion and has an advisory character. (4) The observations and proposals of the Legislative Council on compliance with the legislative technical regulations will be considered to finalize the draft normative act. the project or in an accompanying note. Publication of regulations + Article 11 (1) In view of their entry into force, the laws and other normative acts adopted by the Parliament, the decisions and ordinances of the Government, the decisions of the Prime Minister, the normative acts of the autonomous administrative authorities, as well as the orders, the instructions and other normative acts issued by the heads of the central specialized public administration bodies shall be published in the Official Gazette of Romania, Part I. (2) They are not subject to the publication regime in the Official Gazette of Romania: a) decisions of the classified Prime Minister, according to the law; b) the normative acts classified, according to the law, as well as those of an individual nature, issued by the autonomous administrative authorities and the central specialized public administration bodies. ((3) The laws shall be published immediately after the promulgation, accompanied by the act of promulgation. The other normative acts, adopted by the Parliament, are published under the signature of the presidents of the two Chambers. (4) The orders and decisions of the Government shall be published only after they have been signed by the Prime Minister and countersigned by the ministers who have the obligation to implement them. (5) The other normative acts shall be published after they have been signed by the issuer. Entry into force of normative acts + Article 12 (1) The laws and ordinances issued by the Government on the basis of a special enabling law shall enter into force 3 days from the date of publication in the Official Gazette of Romania, Part I, or at a later date provided for in their text. The 3-day period is calculated on calendar days, starting with the date of publication in the Official Gazette of Romania, and expires at 24.00 of the third day of publication. (2) The Government Emergency Ordinances shall enter into force on the date of publication in the Official Gazette of Romania, Part I, under the condition of their prior submission to the competent Chamber to be notified, if no later date is provided in their contents. (3) The normative acts provided for in art. 11 11 para. (1), except for laws and ordinances, shall enter into force on the date of publication in the Official Gazette of Romania, Part I, if no later date is provided in their contents. When it is not necessary that the entry into force be produced on the date of publication, it must be provided that they enter into force at a later date set by the text. + Chapter II Systematisation and unification of legislation Systematisation and unification of legislation Project integration as a whole + Article 13 The normative act must integrate organically into the system of legislation, a purpose in which: a) the draft normative act must be correlated with the provisions of normative acts of higher level or of the same level, with which it is in connection; b) the draft normative act, drawn up on the basis of a higher level act, cannot exceed the limits of the competence established by that act, nor can it contravene its principles and provisions; c) the draft normative act must be correlated with the community regulations and the international treaties to which Romania is a party. d) the draft normative act must be correlated with the provisions of the European Convention on Human Rights and Additional Protocols thereto, ratified by Romania, as well as with the jurisprudence of the European Court of Human Rights. --------- Letter d) of art. 13 13 was introduced by section 4.2. 3 3 of art. I of LAW no. 29 29 of 11 March 2011 , published in MONITORUL OFFICIAL no. 182 182 of 15 March 2011. The uniqueness of the regulation + Article 14 (1) Regulations of the same level and having the same object shall, as a rule, be contained in a single piece of legislation. (2) A normative act may include regulations and other related matters only in so far as they are indispensable to the achievement of the purpose pursued by this act. Special regulations and derogations + Article 15 (1) A regulation of the same matter and of the same level may be contained in another normative act, if it is of particular nature to the act of general regulation in the matter. (2) The special character of a regulation is determined according to its object, circumstantiated in certain categories of situations, and the specifics of the legislative solutions it establishes. (3) The regulation is derogatory if the legislative solutions relating to a specific situation include different rules in relation to the framework regulation in the matter, the latter preserving its binding general nature for all other cases. Avoiding parallelisms + Article 16 (1) In the lawmaking process it is forbidden to establish the same regulations in several articles or paragraphs of the same normative act or in two or more normative acts. The reference rule shall be used to underline legislative connections. (2) In the case of the existence of parallelisms they will be removed either by abrogation or by the concentration of matter in single regulations. (3) It is subject to the process of concentration in single regulations and the regulations of the same subject dispersed in the legislation in force. (4) In a normative act issued on the basis and in the execution of another higher level normative act, the reproduction of some provisions of the higher act is not used, it is only advisable to indicate the reference texts. In such cases taking over some norms in the lower act can be done only for the development or detailing of the solutions in the basic act. Asanarea of legislation + Article 17 In order to assuage the active legislation, in the process of elaboration of draft normative acts will be aimed at the express abrogation of the legal provisions fallen in desuetudine or that record aspects of contradictoriality with the regulation Expected. Systematisation and concentration of legislation in codes + Article 18 In order to systematize and focus legislation, regulations in a particular field or in a certain branch of law, subordinated to common principles, can be brought together in a unified structure, in the form of codes. Incorporation of normative acts into codex on subjects + Article 19 (1) As consolidation of the legislative system, the legal regulations in force concerning the same domain or related fields, contained in laws, ordinances and Government decisions, may be incorporated by joining their texts in a structure. homogeneous, presented in the form of codex, to facilitate their knowledge and application. (2) The Codex shall be prepared by the Legislative Council, on its own initiative or at the request of one of the permanent offices of the two Houses of Parliament or of the Government. (3) The Legislative Council establishes the name of the act resulting from the incorporation, structure and succession of the legal provisions envisaged, with the specification of the normative acts from which it comes and of the necessary elements of identification. Within the framework of the incorporation operation in codexes the included normative acts will be presented by taking into account all subsequent amendments and completions, partial, express or implied abrogations, as well as by updating names of institutions and localities. + Chapter III Draft normative acts Draft normative acts + Section 1 Documentation Documentation Documentation activity + Article 20 (1) The elaboration of draft normative acts must be preceded, depending on their importance and complexity, by a scientific documentation and analysis activity, for the thorough knowledge of the economic and social realities to be regulated, the history of the legislation in that area, as well as similar regulations in foreign law, especially the countries of the European Union. (2) The initiators of draft normative acts may request, for their legislative documentation, additional information from the Legislative Council and other authorities or institutions with information powers in that matter. (3) The results of the research studies and references to the sources of additional information relevant for the debate on draft normative acts must be included in the instrument of presentation and motivation of the draft normative act. + Article 21 In the documentation activity for the foundation of the draft normative act will be examined the practice of the Constitutional Court in that field, the jurisprudence of the European Court of Human Rights, the practice of the courts in application regulations in force, as well as legal doctrine in the matter. --------- Article 21 has been amended by point 4 4 of art. I of LAW no. 29 29 of 11 March 2011 , published in MONITORUL OFFICIAL no. 182 182 of 15 March 2011. + Article 22 (1) The legislative solutions envisaged by the new regulation must take into account the European Union's rules on the matter, ensuring compatibility with them. (2) Provisions of para. ((1) shall also apply accordingly to the provisions contained in the international treaties to which Romania is a party, as well as to the case-law of the European Court of Human Rights. (3) When appropriate, proposals will be made to amend and supplement the internal normative acts whose provisions are not consistent with those of international acts to which Romania is a party or does not ensure compatibility with Community law or is at odds with the jurisprudence of the European Court of Human Rights (4) The Government, no later than 3 months after the date of communication of the judgment of the European Court of Human Rights, presents to the Parliament the draft law on the modification and completion or repeal of the normative act or parts of the to the European Convention on Human Rights and its Additional Protocols, ratified by Romania, and with the judgments of the European Court of Human Rights. --------- Article 22 has been amended by section 5 5 of art. I of LAW no. 29 29 of 11 March 2011 , published in MONITORUL OFFICIAL no. 182 182 of 15 March 2011. + Section 2 Choosing legislative solutions and defining concepts Choosing legislative solutions and defining concepts Establishing legislative solutions + Article 23 (1) For the choice of judicious and sustainable solutions, several possible options can be drawn up, assessing the foreseeable effects of the expected solutions. (2) The legislative solutions envisaged must present suppleness in order to achieve the combination of the stability character of the regulation with the perspective requirements of social development. Scope of expected solutions + Article 24 (1) The legislative solutions envisaged by the draft normative act must cover the entire issue of social relations that are the subject of regulation in order to avoid legislative loopholes. (2) In order for the solutions to be fully covered, the various assumptions that may arise in the application of the normative act will be taken into account, using either the enumeration of the envisaged situations, or synthetic formulations or the principle framework formulations applicable to any possible situations. Determination of concepts and notions + Article 25 In the framework of the proposed legislative solutions, an explicit configuration of the concepts and notions used in the new regulation, which have a meaning other than the common one, must be carried out in order to ensure their correct understanding and to avoid misinterpretations. Solutions for transitional situations + Article 26 The draft normative act must include legislative solutions for transitional situations, where new regulation or legal situations arising under the old regulation are affected by the new regulation, but which have not entirely produced effects until the date of entry into force of the new regulation. The draft must also include, if necessary, legislative measures on the settlement of the conflict between normative acts of different categories, in compliance with the principle of hierarchy of normative acts. + Section 3 Development of codes and other complex laws Development of codes and other complex laws Pre- + Article 27 (1) In the case of draft codes or other complex laws, namely determined, at the initiative of the Parliament or of the Government may be constituted at the Legislative Council or under its coordination specialized commissions for the elaboration of projects That. (2) In the case of draft codes and other complex laws, which interest the field of activity of justice, the drafting committees shall be established by the Ministry of Justice. A representative of the Legislative Council, appointed by its chairman, shall be included in the composition of the committee. (3) The specialized committees will draw up, on the basis of scientific studies and documentation, prior theses reflecting the general conception, principles, new guidelines and the main solutions of the intended regulations. (4) Before the completion of the theses, the conclusions of the studies, including the guidelines of the overall design of the future regulation, shall be submitted, for the expression of the point of view, to the ministries and to the other public authorities concerned. Approval of prior theses + Article 28 Prior theses, completed according to the provisions of art. 27, is subject to Government approval. After the approval of theses by the Government the elaboration committee will proceed to draft the text of the future normative act. Adoption of codes and complex laws + Article 29 Draft normative act prepared under the conditions provided in art. 27 and 28, accompanied by a report, will be submitted to Parliament or, as the case may be, the Government, to trigger the legislative procedure + Section 4 Motivation of draft normative acts Motivation of draft normative acts Presentation and motivation tools + Article 30 (1) The draft normative acts must be accompanied by the following motivating documents: a) reasons-in the case of draft laws and legislative proposals; b) foundation notes-in the case of ordinances and Government decisions; the ordinances to be submitted to Parliament's approval, according to the enabling law, as well as emergency ordinances shall be transmitted to the Parliament accompanied by the explanatory memorandum to the draft law approving them; c) references for approval-for other normative acts; d) impact studies-in the case of draft laws of importance and particular complexity and draft laws approving the ordinances issued by the Government under an enabling law and subject to Parliament's approval. (2) Expositions of reasons, substantiation notes, approval references and impact studies shall constitute the tools for the presentation and motivation of the proposed new regulations. (3) In the case of draft laws for which the Government engages its responsibility, the motivating documents accompanying these projects are the explanatory memorandum and, as the case may be, the report provided in art. 29. Content of the reasoning + Article 31 (1) The presentation and motivation tool includes the content of the impact assessment of normative acts, including the following sections: a) the reason for issuing the normative act-the requirements that require normative intervention, with special reference to the inadequacies and inconsistencies of the regulations in force; the basic principles and the finality of the proposed regulations, with the highlighting new elements; conclusions of studies, research works, statistical evaluations; references to public policy documents or the normative act for which the project is developed. For emergency ordinances will be presented distinctly the objective elements of the extraordinary situation that imposes immediate regulation, not sufficient use of the parliamentary emergency procedure, as well as possible consequences that would produce in the absence of proposed legislative measures; b) socio-economic impact-effects on the macroeconomic, business, social and environmental environment, including the assessment of costs and benefits; c) the financial impact on the consolidated general budget both in the short term, for the current year and in the long term (for 5 years), including information on expenditure and revenue; d) the impact on the legal system-the implications that the new regulation has on the legislation in force; compatibility with the relevant Community regulations, their exact determination and, where appropriate, future measures harmonization that is required; decisions of the Court of Justice of the European Union and other relevant documents for the transposition or implementation of the respective legal provisions; implications for domestic law, in case of ratification or approval of some treaties or international agreements, as well as the necessary adaptation measures; the legislative harmonisation concerns; e) consultations conducted in order to develop the draft normative act, the organizations and specialists consulted, the essence of the recommendations received; f) public information activities on the elaboration and implementation of the draft normative act; g) implementation measures-institutional and functional changes at the level of central and local public administration. (2) If the proposed regulation is elaborated in the execution of a normative act, the reasoning must include references to the act on the basis and in the execution of which it is issued. (3) The final form of the instruments of presentation and motivation of draft normative acts must include references to the opinion of the Legislative Council and, as the case may be, of the Supreme Council of National Defence, the Court of Auditors or the Economic Council and Social. (4) The Government shall establish the detailed structure and content of the presentation and motivation instruments for the normative acts initiated by the Government. Drafting of motivation + Article 32 (1) The reasoning documents shall be drawn up in an explanatory, clear style, using the terminology of the draft normative act they present. (2) The motivation must refer to the final form of the draft normative act; if some changes have been made in the process, as a result of the proposals and observations received from the approval bodies, the initial motivation must be reconsidered Properly. Impact assessment + Article 33 (1) The purpose of developing the impact assessment is to estimate the costs and benefits brought to the economic and social plan by passing the bill, as well as to highlight the difficulties that might arise in the implementation process of proposed regulations. (2) The impact assessment shall be drawn up, as a rule, by the specialized structures of the central public administration, at the request of the Government. For legislative proposals initiated by deputies or senators, the impact studies shall be drawn up through the care of the relevant ministries, at the request of the parliamentary committees. (. The impact assessment shall include: a) to the state of existence at the time of the new regulation; b) to the amendments proposed to be brought to the existing legislation; c) to the objectives pursued by amending the existing legislation; d) the means available to achieve the proposed goals; e) the difficulties which might be encountered in the application of the new provisions; f) to assess the costs imposed by the adoption of the draft law and any budgetary savings generated by it, to the reasons behind this assessment, as well as to the method of calculation of costs and savings; g) the benefits resulting from the implementation of the draft law, other than those of an economic nature; h) to the comparative analysis of the costs and benefits that the bill involves, from which to come back if the benefits are justified by the costs. Signing of presentation and motivation tools + Article 34 (1) Expositions of reasons to draft laws for which the legislative initiative is exercised by the Government, as well as the grounds exposures to draft laws approving some ordinances or emergency ordinances shall be signed by the Prime Minister after adoption of the final form of the Government meeting. ((. Expositions of reasons to legislative proposals drawn up by Members or Senators shall be signed by the respective initiators. (3) If the legislative initiative is exercised by citizens, the explanatory memorandum must be accompanied by the point of view of the Constitutional Court, drawn up according to the provisions of art. 146 lit. j) of the Romanian Constitution, republished. (4) The foundation notes to the draft ordinances and decisions of the Government shall be signed by the minister or the initiating ministers, as well as by those who endorsed them. (5) Expositions of reasons to laws and notes of substantiation to ordinances and decisions of the Government, elaborated by the initiator, shall be published together with the normative act concerned in the Official Gazette of Romania, Part I, or shall be presented on the Internet by the issuing authority. If in the course of parliamentary debates the draft law or legislative proposal has undergone substantive changes, the explanatory memorandum will be restored, after the promulgation of the law, by the initiator, upon the complaint of the Secretary General of the Chamber of Deputies. + Chapter IV Drafting of normative acts Drafting of normative acts Systematizing ideas in text + Article 35 In order to ensure a logical succession of the proposed legislative solutions and to achieve an inner harmony of the normative act, the drafting of the draft text must be preceded by the drawing up of a plan of grouping ideas according to the connections and the natural relationship between them, within the framework of the general conception of regulation. Normative acts style + Article 36 (1) The normative acts must be drafted in a specific normative language and legal style, concise, sober, clear and precise, which excludes any equivocation, in strict observance of the grammatical and spelling rules. (2) It is forbidden to use neologisms, if there is a synonym of wide spread in Romanian. In cases where it is necessary to use foreign terms and expressions, it will join, as the case may be, their correspondent in Romanian. (3) The terms of speciality may be used only if they are established in the field of activity to which the regulation relates. (4) The rendering of the texts is done by using the words in their current meaning in modern Romanian, with the avoidance of regionalisms. The drafting is subordinated to the desideratum of the easy understanding of the text by its recipients. Terminological Unit + Article 37 (1) In the normative language the same notions are expressed only by the same terms. (2) If a notion or a term is not consecrated or may have different meanings, its meaning in the context shall be established by the normative act establishing them, within the general provisions or in an annex intended for that lexicon, and becomes mandatory for normative acts of the same subject. (3) Expression by abbreviations of some names or terms can be made only by explanation in the text, at first use. Expression of normative content + Article 38 (1) The text of the articles must have a device character, present the norm instituted without explanation or justification. (2) In drafting the normative act, as a rule, verbs are used in the present time, the affirmative form, in order to emphasize the imperative nature of that provision. (3) The use of explanations by interpretive rules is allowed only to the extent that they are strictly necessary for the understanding of the text. It is not allowed to present explanations by using brackets. Reference to other normative act + Article 39 (1) The reference in a normative act to another normative act is made by specifying its legal category, its number, the title and the date of publication of that act or only the legal category and number, if so any confusion is excluded. ((2) The reference to an international treaty must include both its full name and the instrument of ratification or approval. + Chapter V Normative act structure Normative act structure + Section 1 Constituent parts of the normative act Constituent parts of the normative act Constituent parts of the normative act + Article 40 The normative act has the following constituent parts: the title and, if applicable, the preamble, the introductory formula, the operative part, the formula for attesting the authenticity of the act. Title of the + Article 41 (1) The title of the normative act includes the generic name of the act, depending on its legal category and the issuing authority, as well as the object of the synthetic expressed regulation. (2) The legal category of the normative act is determined by the regime of competences established by the Constitution, laws and other normative acts granting legal regulatory prerogatives to public authorities. (3) The public authority is that invested by the Constitution or by another normative act. (4) It is prohibited that the name of the draft of a normative act is the same as that of another normative act in force. (5) In the case of normative acts amending or supplementing another normative act, the title of the act will express the operation of modification or completion of the normative act envisaged. (6) As an element of identification, the title shall be completed, after the adoption of the normative act, with a number of orders, plus the year in which it was adopted. Introductory wording + Article 42 (1) The introductory formula consists of a sentence which includes the name of the issuing authority and the expression of the decision to take the decision on the issue or adoption of that normative act. (2) In the case of laws the introductory formula is as follows: " (3) For the acts of the Government the introductory formula is: " 108 of the Constitution of Romania, republished, the Government of Romania adopts the present decision " or, as the case may be, The ordinance also refers to the law of empowerment. Under emergency ordinances, the introductory formula is: " Pursuant to art. 115 115 para. (4) of the Romanian Constitution, republished, the Government of Romania adopts this emergency ordinance. " The basis of this law shall be added to the decisions given in the express execution of certain laws. (4) In the other categories of normative acts the introductory formula includes the issuing authority, the generic name of the act, depending on its legal nature, as well as the legal bases on the basis and in the execution of which the act was issued. Preamble + Article 43 (1) The preamble shall state, in summary, the purpose and, where appropriate, the reasoning of the regulation. He cannot contain any directives, nor rules of interpretation. The preamble precedes the introductory formula. (2) The inclusion of the preamble in the normative act is appreciated on a case-by-case basis. (3) In emergency ordinances the preamble is mandatory and includes the presentation of the factual and legal elements of the extraordinary situation that requires recourse to this regulatory path. (4) In the case of normative acts of the central specialized public administration or of the local public administration, the preamble shall also mention the opinions provided by law. The mood side + Article 44 The operative part of the normative act represents the actual content of the regulation, made up of the totality of the legal norms established for the sphere of social relations that are the subject Entry for the transposition of Community rules + Article 45 (1) In the case of normative acts that directly transpose Community rules into national law, after the provision thereof, a statement shall be made containing the elements of identification of the Community act which has been taken up, following the following model: " The present/present ... (mention the type of normative act) transposes Directive no. .../... .../... on ..., published in the Official Journal of the European Union no. .../... .../.... " (2) If a normative act only partially transposes a Community act, the mention provided in par. (1) must specify in detail the texts (sections/articles/paragraphs, as the case may be) transposed. Certificate of authenticity of the normative act + Article 46 (. The adopted normative act shall be signed by the legal representative of the issuer, shall be dated and numbered. (2) The date of the law is the one to be given number, after promulgation. For the normative acts of the Parliament, which, according to the law, do not obey the promulgation, the date of the act is that (3) Government acts shall bear the date of the Government meeting in which the act was approved. The date of the other normative acts is that to which they were signed (4) The appointment of normative acts shall be made in the order of their date, separately for each calendar year. (5) It is mandatory that at the end of the act the mention should be made about the fulfilment of the constitutional provision on the legality of the adoption by the two Houses of Parliament. (6) The formula for attesting the legality of the adoption of the draft law, used by each Chamber, in the order of adoption, is: a) " This bill was adopted by the Chamber of Deputies/Senate at the meeting of ..., in compliance with the provisions of art. 76 76 para. ((1) or, where applicable, art. 76 76 para. (2) of the Romanian Constitution, republished. "-if the Chamber of Deputies/Senate adopts the draft law or legislative proposal, with or without amendments; b) " This draft law is considered adopted by the Chamber of Deputies/Senate in its original form, under the conditions of art. 75 75 para. (2) the third sentence or of art. 115 115 para. (5) the third sentence, as the case may be, of the Romanian Constitution, republished. "-if the deadline for adoption is exceeded. (7) The formula for attesting the legality of the adoption of the law will have the following content: This law was adopted by the Romanian Parliament, in compliance with the provisions of 75 75 and art. 76 76 para. (1) or (2), as appropriate, of the Romanian Constitution, republished. (8) If the law is adopted at the joint meeting of the two Chambers, the formula for attesting the legality of its adoption will be as follows: This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 65 65 para. ((2) and art. 76 76 para. ((1) or (2) or art. 148 148 para. ((1) or art. 149, as appropriate, of the Romanian Constitution, republished. (9) In the case of the laws of revision of the Romanian Constitution, the formula for attesting the legality of their adoption will be as follows: This law was adopted by the Chamber of Deputies and the Senate, in compliance with the provisions of art. 151 151 para. ((1) or para. (2), as appropriate, of the Romanian Constitution, republished. (10) The attestation formula shall be followed by the signatures of the Presidents of the two Chambers or of the Vice-Presidents who conducted the meetings. Article, basic structural element of the device part + Article 47 (. The basic structural element of the part of the device shall be the article. The article contains, as a rule, a single normative provision applicable to a given situation. (2) The structure of the article must be balanced, addressing exclusively the legal aspects necessary for the regulatory context. (3) The article shall be expressed in the text of the law by the abbreviation " The articles are still numbered, in the order of the text, from the beginning to the end of the normative act, with Arabic figures. If the normative act includes a single article, it will be defined by the expression "Unique article". (4) In the case of normative acts that have as object amendments or additions of other normative acts, the articles shall be numbered with Roman numerals, keeping the numbering with Arabic numerals for the modified or completed texts. (5) In codes and laws of great extent, the articles will be provided with marginal names, synthetically expressing their object; they do not have their own meaning in the content of the regulation. Paragraph + Article 48 (1) If the primary normative provision of an article derives, organically, several legal assumptions, they will be presented in distinct paragraphs, ensuring the article a logical succession of ideas and a consistency of regulation. (2) Paragraph, as subdivision of the article, is constituted, as a rule, from a single sentence or sentence, regulating a legal hypothesis specific to the assembly of the article; if the provision cannot be expressed in a single sentence or phrase, new sentences or phrases can be added, separated by point and comma. The paragraph is highlighted by a slight withdrawal from the alignment of the text vertically. (3) If a term or expression is used in an article which has in the context of the normative act a different meaning than the usual one, its specific meaning must be defined in a subsequent paragraph. If the frequency of such terms and expressions is high, the normative act must include in its structure a groupage of definitions or an annex with an index of terms. (4) In normative acts with a certain extent, if an article has two or more paragraphs, they shall be numbered at the beginning of each with Arabic numerals contained in parenthesis. For the clarity, the brevity and the unitary character of the text of an article it is recommended that it is not made up of too many paragraphs. Enumerations in text + Article 49 (1) If the text of an article or paragraph contains distinctly presented enumerations, they shall be identified by using the letters of the Romanian alphabet and not by indents or other graphic signs. (2) A distinct enumeration, marked with a letter, cannot, in turn, include another enumeration and no new paragraphs. (3) If the hypothesis marked with a letter requires a separate development or explanation, it will be made by a distinct paragraph to follow the last enumeration. Reference to other normative acts + Article 50 (1) If a rule is complementary to another rule, in order to avoid a repetition in the text of that rule, reference will be made to the article, respectively to the normative act containing it. A reference to another rule of reference cannot be made, as a rule. (2) If the rule referred to is contained in another normative act, it is mandatory to indicate its title, the number and the other identification elements. ((3) The sending to the norms of another normative act can be made to its entire content or only to a subdivision, specified as such. When the act of reference has been amended, supplemented or republished, mention shall be made of it. (4) When amending, supplementing and repealing the provision to which reference was made, in the act of amendment, completion or repeal, the legal situation of the reference norm should be taken into account. + Section 2 Systematization of normative act Systematization of normative act Systematization of normative act + Article 51 (1) The content of the draft normative act is systematized in the following order of presentation of ideas: a) general provisions or general principles; b) provisions on the substance of regulation c) transitional provisions; d) final provisions. (2) In the case of small stretching regulations, the text can be drafted without distinctly marking the elements provided in par. (1), however, following this presentation order. (3) Within the structure provided in par. (1) the articles may be grouped by chapters, which may be divided into sections, and these, as the case may be, in paragraphs. In codes and other high-stretching laws, chapters can be grouped-in ascending order-in titles and, as the case may be, in parts, which, in turn, can be constituted in books; the grouping is done, in all cases, depending on the organic link between the regulations they contain. General provisions + Article 52 The general provisions contain provisions that guide the entire regulation, determine its subject matter and principles. They shall be grouped in the first chapter and shall not be resumed in the remainder of the regulation unless they are strictly necessary for the understanding of provisions with which they form a whole unit. Substantive provisions + Article 53 (1) The substantive provisions include the proper regulation of social relations that are subject to the normative act. (2) The branch and grouping of the substantive provisions contained in the normative act shall be made in the logical order of the regulated activity, ensuring that the provisions of substantive law precede the procedural ones, and in case of establishment of sanctions, these rules shall be placed before the transitional and final provisions. ((3) The texts governing similar assumptions contained in several subdivisions of the normative act may be grouped into distinct structures, referred to as common provisions. Transitional provisions + Article 54 (1) The transitional provisions shall include the measures to be established with regard to the conduct of legal relations born under the old regulation to be replaced by the new normative act. (2) The transitional provisions must ensure, for a specified period, the correlation of the two regulations, so that the implementation of the new normative act will naturally proceed and avoid its retroactivity or conflict between the rules Successive. Final provisions + Article 55 (1) The final provisions shall include the measures necessary for the implementation of the normative act, the date of entry into force of the normative act. 12, the implications on other normative acts, as: abrogations, amendments, additions, as well as the provision of republishing, if applicable. (2) If, for the implementation of a normative act, implementing rules are provided, the deadline for their elaboration and the date of their entry into force will be determined, which will not exceed, as a rule, 30 days of the date of entry into force of the normative act (3) The temporary normative act also provides for the period of application or the date of termination of its application. (4) For the laws provided by art. 115 115 para. (8) of the Romanian Constitution, republished, within the final provisions, the necessary measures regarding the legal effects produced during the period of application of the ordinance shall be provided, if necessary. Numbering and naming of chapters and other groupings of articles + Article 56 (1) Chapters, titles, parts and books are numbered with Roman numerals, in the succession they have in their structure. Sections and paragraphs are numbered with Arabic numerals. ((. Titles, chapters and sections shall be referred to as the synthetic expression of the regulations they contain. Annexes + Article 57 (1) When drafting the text of a draft normative act, it may be used, as its component parts, annexes containing provisions comprising cipher expressions, drawings, tables, plans or the like. (2) They may constitute annexes to a normative act the regulations to be approved by the competent public authority, such as: regulations, statutes, methodologies or norms of a predominantly technical nature. (3) The Annex must have a framework theme in the body of the normative act and refer exclusively to the subject-matter determined by the sending text. (4) The referring text must, at its end, make the claim that the Annex forms an integral part of the normative act; if there are several annexes, a separate article shall be included in the end of the normative act, including the same term, accompanied by The express nomination of all annexes. (5) The title of the Annex contains the synthetic expression of the idea in the sending text. (6) If there are several annexes, they are numbered with Arabic numerals, in the order in which they were stated in the text of the project. + Chapter VI Amendment, completion, repeal and other legislative events Amendment, completion, repeal and other legislative events Legislative events + Article 58 (1) After the entry into force of a normative act, during its existence, different legislative events may intervene, such as: modification, completion, repeal, republication, suspension or the like. (2) In duly justified situations, by exception to the provisions of par. (1), the normative acts of special importance and complexity may be amended, supplemented or, as the case may be, repealed by the issuing authority and in the period between the date of publication in the Official Gazette of Romania, Part I, and the date provided for their entry into force, provided that the proposed interventions enter into force on the same date as the normative act submitted to the legislative event. (3) The legislative events may be ordered by subsequent normative acts of the same level or higher level, having as exclusive object the respective event, but also by other subsequent normative acts that, mainly, regulate a certain problematic, and as a related measure they have such events to ensure the correlation of the two interference normative acts. Amendment + Article 59 (1) The modification of a normative act consists in the express change of the text of some or more articles or paragraphs thereof and in their rendering in a new formulation. (2) For the normative expression of the intention to modify a normative act, the targeted text is expressly nominated, with all the necessary identification elements, and the provision itself is formulated using the phrase " changes and will have next content: ", followed by the rendering of the new text. (3) The process of generically mentioning, at the end of a normative act, that another conex normative act or texts from that act "modify accordingly" must be avoided. It is also not used, to express a modification, rendering only fragments or phrases from a text. The amendment shall contain in full the text concerned, contained in the article, paragraph or in the marked element of an enumeration. Completion + Article 60 (1) The completion of the normative act consists in the introduction of new provisions, including additional legislative solutions and assumptions, expressed in texts that are added to the existing structural elements, by using a formula of expression, such as: "After the article ... a new article is inserted, ......, with the following contents:". ((2) If the completion act does not have the renumbering of the completed act, the structures, including the newly introduced articles or paragraphs, will acquire the number of structures corresponding to those in the old text, after which they are inserted, accompanied by an Figure, for differentiation. Background conditions for amending and supplementing normative acts + Article 61 (1) The amendment or completion of a normative act shall be admitted only if the general conception or unitary character of that act is not affected or if it does not concern the whole or most part of the regulation in question; otherwise the act shall be replaces with a new regulation, and will be entirely repealed. (2) The amended provisions or which supplement the normative act must harmoniously integrate into the act subject to modification or completion, ensuring the unity of style and terminology, as well as the normal succession of the articles. Effects of amending and supplementing provisions + Article 62 The amending and supplementing provisions shall be incorporated, from the date of their entry into force, into the basic act, identifying with it. Subsequent interventions to amend or supplement them must also be reported to the basic act. Derogatory rule + Article 63 In order to establish a derogation rule, the formula "by way of derogation from ..." will be used, followed by the mention of the regulation from which it is derogated. The derogation can only be made by a level regulatory act at least equal to that of basic regulation. Repeal + Article 64 (1) The provisions contained in a normative act, contrary to a new regulation of the same or higher level, must be repealed. The repeal may be total or partial. (2) In the case of partial abrogations in succession, the last repeal will refer to the entire normative act, not only to the texts remaining in force. (3) The repeal of a provision or a normative act has a definitive character. It is not accepted that by repealing an act of repeal before the original normative act is reinstated. I am the exception of the provisions of the Government ordinances that provided for repeal norms and were rejected by law by the Parliament. (4) If a lower-level rule, with the same object, has not been expressly repealed by the higher-level normative act, this obligation lies with the authority which issued the first act. (5) The partial abrogations are assimilated to the amendments of normative acts, the normative act repealed partially remaining in force by its unrepealed provisions. The formal and substantive conditions of the repeal + Article 65 ((1) Repeal may be ordered, as a rule, by a separate provision at the end of a normative act governing a certain issue, if it affects previous normative provisions, related to the last regulation. (2) In the framework of the operations of systematization and unification of the legislation, separate normative acts can be elaborated and adopted, having as their exclusive object the abrogation of several normative acts. (3) In order to repeal, the normative provisions concerned must be expressly determined, starting with the laws and then with the other normative acts, by mentioning all their identification data. Suspension of the + Article 66 (1) In special cases the application of a normative act may be suspended by another normative act of the same or higher level. In this situation, the date on which the suspension is produced, as well as its determined duration, will be expressly provided for. (2) Upon expiry of the duration of suspension the normative act or the provision affected by the suspension shall reenter into force. (3) The extension of the suspension or the modification or repeal of the normative act or the suspended provision may be the subject of a normative act or an express provision, with application from the date of expiry of the suspension. Default legislative events + Article 67 (1) In particular cases, in which the development and adoption of a regulation was not possible to identify all the contrary rules, it can be presumed that they were the subject of the amendment, the additions or their implicit abrogation. (2) Within its tasks the Legislative Council has the obligation to identify all legal provisions that have suffered the implicit legislative events and to propose to the Parliament and to the Government the necessary measures to amend, supplement or their express repeal. (3) The default legislative events are not recognized in the case of special normative acts whose provisions may not be counted as amended, supplemented or repealed, nor by the general regulation of the matter, unless this is expressed express. Normative acts with limited application + Article 68 (1) The normative acts may be limited in time, in space or on the subject matter of regulation. (2) By subsequent normative acts may extend, extend or restrict the duration of temporary normative acts, as well as those with limited application in space or subject to regulation. (3) The provision of extension of the deadline for the application of the temporary normative act must intervene before the expiry of the term and indicate, when appropriate, the new deadline. Legal interpretation + Article 69 (1) The legislative interventions to clarify the meaning of certain legal norms shall be carried out by an interpretive normative act of the same level as the act concerned, by interpretative provisions contained in a new normative act or by amending provision the meaning of which must be clarified. (2) Legal interpretation intervened according to par. (1) may confirm or, as the case may be, refute or modify judicial, arbitral or administrative interpretations, adopted until that date, in compliance with the rights won. Republishing + Article 70 (1) The amended or substantially completed normative act shall be made at the basis of the provision contained in the amending act, respectively. (2) In order to republish the normative act, the integration of the modified provisions or those of completion in the regulatory assembly is carried out, updating the names exchanged in the meantime, such as those of institutions or localities, given, when expressly ordered, a new numbering of the articles, paragraphs, chapters and other structures of the act. (3) The republication of the laws, ordinances and decisions of the Government is made in the Official Gazette of Romania, Part I, through the care of the public authority that issued the act of modification, respectively of completion. The republication shall be made no later than 45 days after the date of publication of the act which ordered the measure. The transmission of the reachable form of the act for obtaining the opinion of the Legislative Council is made within 30 days from the date of publication of the act that ordered the republic. In the case of codes, the deadlines are extended by 15 days. (4) The republication of normative acts modified or supplemented by Government ordinances is made after the approval of the latter by law, so as not to create any discrepancies with the act of approval, if it brings other changes the order subject to approval. (5) The laws, as well as the ordinances and decisions of the Government shall be reissued with the opinion of the Legislative Council on the new text, upon the notification of the Secretary-General of the Chamber of Deputies or, as the case may be, Corrections + Article 71 (1) If after the publication of the normative act, material errors are discovered in its contents, it shall be published a note containing the necessary corrections. (2) It is forbidden to modify the provisions of some normative acts by resorting to the rectification operation, which must be limited only to material errors. (3) The rectification is made at the request of the issuing body, with the opinion of the Legislative Council. + Chapter VII Rules on the preparation and elaboration of draft normative acts by which international agreements are ratified or approved Rules on the preparation and elaboration of draft normative acts by which international agreements are ratified or approved Acts of ratification, approval + Article 72 (1) For the ratification of the international treaties concluded by Romania, according to the Romanian Constitution and the law on matters, draft laws. (2) In the case of agreements, conventions and other international agreements, for which the approval competence returns, according to the law, to the Government, draft decisions will be drawn up. (3) The draft law or decision shall be submitted for adoption, accompanied by the text of the international act in the original language and in official or authorized translation. ((4) The texts of acts of an international nature subject to ratification or approval shall be stamped on each page, and on the last page shall be attested, by the signature of the authorized person and by the application of the stamp, the conformity of the document with the original. Application of legislative technical rules + Article 73 The rules of legislative technique are also properly applicable to draft normative acts by which treaties or other international agreements are ratified or approved. Title: + Article 74 The title of the draft normative act will include the full name of the international agreement, the date and place of its signature; depending on the situation, the idea of ratification, accession or approval of the international agreement is expressed by the title That. Ratification or approval of several treaties or agreements by a single act + Article 75 If two or more international agreements are ratified or approved by a single act, the measure of ratification or approval shall be expressed, for each agreement, by a separate article. Publication of acts of ratification or approval + Article 76 The acts of ratification or approval shall be published together with the texts of the ratified international treaties and of the approved agreements. + Chapter VIII Rules on the orders, instructions and other normative acts issued by the heads of ministries and other bodies of the central specialised public administration or by the autonomous administrative authorities Rules on the orders, instructions and other normative acts issued by the heads of ministries and other bodies of the central specialised public administration or by the autonomous administrative authorities Acts in the execution of a normative act + Article 77 Orders of a normative nature, the instructions and other such acts of the heads of ministries and other bodies of the central specialized public administration or of the autonomous administrative authorities shall be issued only on the basis and in execution of laws, decisions and ordinances of the Government. In the introductory formula of these normative acts will be included all the legal bases provided in art. 42 42 para. ((4). Regulatory scope + Article 78 Orders, instructions and other such acts must be strictly limited to the framework established by the acts on the basis and in the execution of which they have been issued and cannot contain solutions that contravene their provisions. Date of issue + Article 79 The orders and instructions shall be drawn up within the period prescribed by the superior act or, as the case may be, in a timely manner that makes it possible to carry out. + Chapter IX Rules on normative acts adopted by local public administration authorities Rules on normative acts adopted by local public administration authorities Regulatory object + Article 80 The normative acts of the local public administration authorities are adopted or are issued for the regulation of activities of local interest, within the limits established by the Constitution and by law and only in the areas in which they have legal powers. Subordination to higher level acts + Article 81 (1) In the elaboration of draft decisions, orders or provisions will be considered their character of acts subordinated to the laws, decisions and ordinances of the Government and other higher level acts. (2) The regulations contained in the decisions of the local councils and county councils, as well as those contained in the orders of the prefects or in the provisions of the mayors, cannot contravene the Romanian Constitution and the regulations of the normative acts higher level. Legal basis + Article 82 In the introductory formula of the draft normative act adopted or issued by the local public administration authorities, it is mentioned, in addition to the legal bases, provided in art. 42 42 para. ((4), and the legal basis of Local Public Administration Law no. 215/2001 , republished *), with subsequent amendments and completions. _______ * *) Local Public Administration Law no. 215/2001 was republished in the Official Gazette of Romania, Part I, no. 123 123 of 20 February 2007. Publication + Article 83 In order to enter into force, the normative acts adopted by the local public administration authorities shall be brought to public knowledge, under the conditions Law no. 215/2001 , republished, with subsequent amendments and completions, by display in authorized places and by publication in a local high-circulation daily. + Chapter X Final provisions Final provisions Own implementing regulations + Article 84 The Parliament, the Government and the other authorities of the central and local public administration shall establish, in application of the legislative technical regulations provided for in this Law, their own regulations containing the methodological, organizational measures, and the circulation of draft normative acts within their sphere of competence. Repeal + Article 85 The date of entry into force of this Law shall be repealed Decree no. 16/1976 for the approval of the General Methodology of legislative technique on the preparation and systematization of draft normative acts, published in the Official Bulletin, Part I, no. 14 14 of 13 February 1976. __________