Law No. 24 of 27 March 2000 (* republished *) (* updated *) with respect to rules of legislative technique for the preparation of normative acts (updated until March 18, 2011 *)-PARLIAMENT ISSUING — — — — — — — — — — *) Republished pursuant to art. II of law No. 60/2010 approving Government Emergency Ordinance nr. 61/2009 for the modification and completion of the law #. 24/2000 on the rules of legislative technique for the preparation of normative acts published in the Official Gazette of Romania, part I, no. 215 from 6 April 2010, posing a new texts.
Law No. 24/2000 on the rules of legislative technique for the preparation of normative acts has been republished in the Official Gazette of Romania, part I, no. 777 on 25 august 2004 and has subsequently been amended and supplemented by:-Law No. 49/2007 for the modification and completion of the law #. 24/2000 on the rules of legislative technique for the preparation of normative acts published in the Official Gazette of Romania, part I, no. 194 of 21 March 2007;
-Law No. 173/2007 for completing art. 53 of law No. 24/2000 on the rules of legislative technique for the preparation of normative acts published in the Official Gazette of Romania, part I, no. 406 of 18 June 2007;
-Law No. 194/2007 for the modification and completion of the law #. 24/2000 on the rules of legislative technique for the preparation of normative acts published in the Official Gazette of Romania, part I, no. 453 of 4 July 2007;
-Government Emergency Ordinance nr. 61/2009 for the modification and completion of the law #. 24/2000 on the rules of legislative technique for the preparation of normative acts published in the Official Gazette of Romania, part I, no. 390 of 9 June 2009.
Chapter I General provisions the General Provisions regulation activity in article 1 (1) the regulation of social relations by law and by other categories of normative acts shall be subject to compliance with the General principles of its own system of law should be enacted.
(2) regulatory acts shall be initiated, shall be adopted and applied in accordance with the provisions of the Constitution of Romania, republished, with the provisions of this law, as well as with the principles of the rule of law.
(3) Legislative Activity are the main way of implementation of public policies, providing the necessary tools to implement solutions to economic and social development, as well as for the exercise of public authority.
Legislative technique in article 2 (1) legislative Technique ensures coordination and systematization, unification of law, as well as the contents and the legal form that is appropriate for each regulatory action.
(2) the rules of legislative technique of parts define regulatory, structure, form and content of its technical processes, amending, supplementing and publication, republication, repeal the normative acts, as well as the language and style of the final regulatory action.
Compliance with the rules of legislative technique in article 3 (1) the rules of legislative technique are required in the preparation of draft laws by the Government and the legislative proposals belonging to deputies, senators or nationals, within the exercise of the right of legislative initiative, the elaboration and adoption of Ordinances and decisions by the Government and to the elaboration and adoption of normative acts of other authorities with such powers.
(2) the rules of legislative technique is applied in an appropriate manner, and to the elaboration and adoption of draft orders, instructions and other normative acts issued by the heads of central public administration bodies, as well as to the elaboration and adoption of laws, regulatory nature issued by local public administration authorities.
Hierarchy of acts in article 4 (1) shall govern according to their hierarchy, by category and by the competent public authority to adopt them.
(2) the categories of acts and rules of jurisdiction regarding the adoption thereof shall be established by the Constitution of Romania, republished, and by other laws.
(3) the normative acts put into enforcement of laws, ordinances or Government decisions are issued within the limits and according to the rules that we ordered.
Initiation of normative acts in article 5 (1) the draft laws to be drawn up as a result of the exercise, according to the Constitution, the right of legislative initiative.
(2) other Projects of normative acts shall be drawn up by the competent authorities to initiate them, according to the law.
Content and justification of legislative solutions Article 6(1) the draft normative act must establish rules necessary, sufficient and possible which lead to greater stability and legislative efficiency. The solutions comprise must be duly substantiated, taking into account the interests of the social, political and legislative requirements of the Romanian State correlation with domestic regulations as a whole and of harmonization of national legislation with Community law and with the international treaties to which Romania is a party, as well as with the European Court of human rights.
— — — — — — — —-. (1) of article 1. 6 was amended by section 1 of article. 1 of law No. 29 of 11 March 2011, published in MONITORUL OFICIAL nr. 182 of 15 March 2011.
(2) for the new regulation will Foundation start from present social desiderata and perspectives, as well as the analytical and the legislation in force.
(3) draft normative acts shall be subject to adoption, accompanied by a statement of reasons, an interpretative note or a paper for approval, as well as an impact study, as appropriate.
(4) regulatory acts affecting the areas social, economic and environmental effects on the consolidated general budget or legislation are drawn up on the basis of public policy documents approved by the Parliament or the Government. The Government defines the types and structure of public policy documents.
Preliminary assessment of the impact of the new rules in article 7 (1) preliminary assessment of the impact of the draft law, legislative proposals and other normative acts projects represent a set of activities and procedures performed with the aim of providing an adequate justification to legislative initiatives. Preliminary assessment of impacts involves identifying and analysing the effects of the economic, social, environmental, legislative and budgetary they produce proposed rules.
(2) preliminary assessment of the impact of projects of normative acts is considered to be the method of justification for proposed legislative solutions and must be carried out prior to the adoption of normative acts.
(3) Justification new rules must take into account both the specific impact assessment legislation in force at the time of preparation of the draft normative act, as well as assessing the impact of public policy on a draft normative act implements.
(3 ^ 1) Legislative proposals, draft laws and other normative acts will be accompanied, necessarily, a preliminary assessment of the impact of new regulations on the rights and fundamental human freedoms.
— — — — — — — —-. (3 ^ 1), art. 7 was introduced by section 2 of art. 1 of law No. 29 of 11 March 2011, published in MONITORUL OFICIAL nr. 182 of 15 March 2011.
(4) preliminary assessment of impact is made by the initiator of the draft normative act. In the case of projects of normative documents complex impact assessment may be carried out on the basis of a contract for the provision of services, by scientific research institutes, universities, companies or non-governmental organizations, in accordance with the legal provisions in force relating to public procurement.
(5) in order to prepare the preliminary assessment of the impact of legislative proposals initiated by deputies and senators, as well as those based on the initiative of citizens, members of Parliament can ask the Government to ensure access to data and information necessary to achieve it.
(6) the provisions of paragraphs 1 and 2. (1) to (5) is not required in the case of the legislative initiatives of the deputies and senators, as well as those based on the citizens ' initiative.
Form drafting of normative acts in article 8 (1) the draft laws, legislative proposals and other projects of legislative acts shall be drafted in prescriptive form own legal norms.
(2) by way of speech act should provide for its mandatory provisions.
(3) the provisions of the Act, as the case may be, imperatives, supletive, lax, alternative, transitional derogations, optional, temporary, recommendation or the like; These situations must result from the express wording of the rules.
(4) the Legislative Text should be formulated clearly, fluently and understand without difficulty and syntactic and obscure or ambiguous passages. Not be used with affective terms. Shape and aesthetic expression must not prejudice the legal style, precision and clarity of the provisions.
The approval of projects article 9
(1) in the cases provided by law, the drafting of draft normative acts, the initiator shall seek the opinion of the authorities concerned in the implementation thereof, depending on the subject matter of the regulation.
(2) After their establishment and closure of the endorsement referred to in paragraph 1. (1) draft laws, legislative proposals and draft regulations and decisions with normative acts of the Government are subject to the approval of the Legislative Council.
(3) the procedure for the approval of the Legislative Council and opinion are laid down in the organic law and in its rules of organization and operation.
The opinion of the Legislative Council under article 10 (1) to formulate the opinion of the Legislative Council and shall be sent in writing. It may be favorable, favorable with: objections or negative times.
(2) the favourable opinions that comprise the objections or proposals, as well as the negative shall state the reasons and may be accompanied by the following documents or information relied on by.
(3) opinion of the Legislative Council is a specialist opinion and advisory nature.
(4) the observations and proposals of Legislative Council respecting the rules of legislative technique will be taken into consideration in finalizing the draft normative act. Non-acceptance thereof shall be set out in detail in the presentation of the project document or in an accompanying note.
Publication of normative acts in article 11 (1) for the purpose of their entry into force, the laws and other legal acts adopted by the Parliament, Government decisions and ordinances, decisions of the Prime Minister, the regulatory acts of the autonomous administrative authorities, as well as orders, instructions and other normative acts issued by the heads of central public administration bodies and specialized to be published in the Official Gazette of Romania, part I.
(2) are not subject to publication in the Official Gazette of Romania: a) the decisions of the Prime Minister, according to the law;
b) normative acts classified under the law as well as individual character, issued by the autonomous administrative authorities and central public administration bodies.
(3) the laws shall be published immediately after promulgation of the Act by which they were promulgated. Other normative acts adopted by the Parliament, will be published under the name of Presidents of both chambers.
(4) the Government shall judgments Ordinances and public only after they have been signed by the Prime Minister and countersigned by the Ministers who are obliged to put them into execution.
(5) other regulations shall be published after being signed by the issuer.
Entry into force of acts in article 12 (1) the laws and ordinances issued by the Government under a special law enabling shall enter into force three days after its publication in the Official Gazette of Romania, part I, or at a later date provided in their text. The term of 3 days is calculated on calendar days from the date of its publication in the Official Gazette, and shall expire at the 24.00 on the third day following its publication.
(2) Ordinances of the Cabinet of Ministers shall enter into force on the date of publication in the Official Gazette of Romania, part I, provided prior to their submission to the competent Chamber be seised, if the is not made for a later date.
(3) the acts referred to in article 1. 11(2). (1) except in the case of laws and Ordinances shall enter into force on the date of publication in the Official Gazette of Romania, part I, if their content is not made for a later date. When it is not necessary that the entry into force to ensure its publication, these regulations should be laid down that they should enter into force at a later date established by the text.
Chapter II Systematization and unification of legislation Systematization and unification of legislation in the whole project Integration article 13 legislation the Act must be included in the system of organic laws, end: a) the draft normative act should be coordinated with normative higher or same level with which lies in the connection;
b) draft normative act, drawn up on the basis of an act, shall not exceed the limits of its competence established by that act nor can contravene the principles and provisions thereof;
c) draft normative act should be linked with Community rules and with the international treaties to which Romania is a party.
d) draft normative act should be linked with the provisions of the European Convention on human rights and additional protocols, ratified by Romania, as well as with the European Court of human rights.
— — — — — — — —-Letter d) art. 13 was introduced by point 3 of article 1. 1 of law No. 29 of 11 March 2011, published in MONITORUL OFICIAL nr. 182 of 15 March 2011.
The uniqueness of the regulation in matters relating to Article 14 (1) of the Regulations at the same level and with the same object shall include, as a rule, into a single regulatory action.
(2) an act may include normative regulations and other related matter only insofar as they are essential for attaining the desired by this act.
Special rules and derogations in article 15 (1) of the same regulation matter and at the same level can be included in another regulatory action if it has special character compared to the Act including general rule on the matter.
(2) the special nature of a regulation is determined according to its subject matter, circumstanţiat from certain types of situations, and the specifics of legislative solutions that set them up.
(3) the regulation is legislative solutions which if concerning a specific situation determined include different rules in relation to the framework regulation, the latter retaining its general character and mandatory for all other cases.
Avoid duplication at Article 16 (1) The process of lawmaking is prohibited the imposition of the same regulations in several articles or paragraphs of the same regulatory or in two or more of the regulatory acts. To underline certain legislative norm is used, connections for reference.
(2) in the case of these analogies will be eliminated either through repeal or by concentration of matter in unique rules.
(3) shall be subject to the process of concentration in the unique rules and regulations of the same matter contained in the legislation in force.
(4) in a normative act issued on the basis and in the execution of another normative act of higher level won't require reproduction of provisions of the Act, being only an indication of the recommended reference texts. In such cases the takeover rules in the Act can only be made lower for developing times detailing the basic solutions of the Act.
Reclamation legislation Article 17 in order to purify the active legislation, the drafting of draft normative acts will follow the express repeal of laws in disuse or recording aspects of contradictorialitate with the intended regulation.
Systematization and law codes focus article 18 in order to systematize the law, rules, and concentration in a particular area or in a specific branch of law, subordinate to common principles, can be brought together in a unified structure, in the form of codes.
Incorporation of acts in Codex on the matter in article 19 (1) as the legislative system, strengthening of the legal rules in force concerning the same area or related areas, contained in laws, ordinances and decisions of Government, can be incorporated by joining their texts in a homogeneous structure, in the form of the codex, which to facilitate knowledge and its application.
(2) The Legislative Council shall, at its own initiative or at the request of one of the permanent offices of the two chambers of Parliament or the Government.
(3) the Legislative Council shall determine the denomination of the instrument resulting from incorporation, structure and succession of the legal provisions concerned, specifying the laws in which it arises and the elements necessary for the identification. Servicing and incorporation in regulatory acts included the Codex will be presented by taking into account of all amendments and additions thereto, of partial abrogărilor, express or implied, and times by updating the names of localities and institutions.
Chapter III Drafting of normative acts Drafting of normative acts section 1 Documenting the work of Documenting the documentary Article 20 (1) drafting of normative acts shall be preceded, in light of the importance and complexity of their business and scientific analysis, for a thorough knowledge of the social and economic realities to be governed the laws of history, that domain, as well as the rules and regulations of foreign law in particular, the countries of the European Union.
(2) the initiators of draft regulatory acts may, for documenting their legislative, additional information from the Legislative Council and other authorities or institutions with competences in the field of information.
(3) the results of research studies and references to additional relevant information sources for discussion of draft regulatory acts should be included in the presentation tool and motivation of the draft normative act.
Article 21 in the work of documentation for substantiation of the draft normative act is to examine the practice of the Constitutional Court in that area, in terms of the case-law of the European Court of human rights, the practice of the courts in applying the regulations in force, as well as in legal doctrine.
— — — — — — — —- 21 was amended by paragraph 4 of art. 1 of law No. 29 of 11 March 2011, published in MONITORUL OFICIAL nr. 182 of 15 March 2011.
Article 22 (1) of the proposed legislative Solutions through new regulation must bear in mind the regulations in terms of the European Union, ensuring compatibility with them.
(2) the provisions of paragraphs 1 and 2. (1) shall apply accordingly with regard to the provisions contained in international treaties to which Romania is a party, as well as in terms of the European Court of human rights.
(3) where appropriate, will make proposals for amendments and additions to the internal regulations whose provisions are not consistent with those of international acts to which Romania is party or does not provide the compatibility with Community law of the time is in contradiction with the European Court of human rights.
(4) the Government, within a period not exceeding 3 months from the date of service of the judgment of the European Court of human rights, presenting the Bill to Parliament with respect to the amendment or repeal of the normative act or some parts of it come into conflict with the provisions of the European Convention on human rights and additional protocols, ratified by Romania, and with decisions of the European Court of human rights.
— — — — — — — —- 22 was amended by section 5 of art. 1 of law No. 29 of 11 March 2011, published in MONITORUL OFICIAL nr. 182 of 15 March 2011.
Section 2 of legislative choices and defining legislative choices and concepts define the concepts to establish legislative solutions Article 23 (1) in respect of choice of judicious and sustainable solutions can develop more alternatives, assessing the foreseeable effects of the proposed solutions.
(2) legislative Solutions contemplated must provide flexibility to achieve the combination of character stability requirements of social development perspective.
The coverage of the proposed solutions in article 24 (1) legislative Solutions envisaged by the draft legislation must cover the entire problematic of social relations which is the subject of the regulation in order to avoid legislative loopholes.
(2) to ensure that solutions are fully cover will take into account the various assumptions which may arise in the application of regulatory action, using either listing the situations envisaged, either synthetic formulations or frame-formulation of principle applicable to any possible situations.
Determination of concepts and notions in the context of article 25 proposed legislative solutions should be an explicit configuration of the concepts and definitions used in the new regulations, which have a different than that understood, in order to ensure their proper understanding and to avoid misunderstandings.
Solutions for transitional situations in article 26 the draft normative act should include legislative solutions for transitional situations, where new regulations are affected by ratios or legal situations arising under the old rules, but did not wholly effects until the date of entry into force of the new regulations. Also, the project should include, where appropriate, legislative measures concerning the conflict between normative acts of different kinds, respecting the principle of the hierarchy of laws.
Section 3 Drafting codes and other laws and codes of the complex elaboration of other complex Theses prior article 27 (1) in the case of draft codes or other laws, namely, on the initiative of Parliament or Government may be established under the coordination of the Legislative Council or its committees for the elaboration of these projects.
(2) in the case of draft codes and other laws that are interested in the field of Justice, drafting committees shall be set up by the Ministry of Justice. Commission set up to include a representative of the Legislative Council, appointed by its Chairman.
(3) specialized Committees will draw up, on the basis of scientific studies and documents, theses prior to reflect the general concept, principles, new guidelines and regulations proposed solutions.
(4) prior to the completion of the thesis, the conclusions of the studies, including the guidelines of the overall concept of the future regulations, shall be submitted, for expressing point of view ministries and other public authorities concerned.
Prior approval of the thesis Article 28 prior doctoral theses completed under the provisions of art. 27, are subject to Government approval. After the approval of the thesis by the Government Commission on drafting will proceed in respect of the future regulatory action.
Adoption of codes and laws draft Article 29 complex normative act drawn up under the conditions referred to in article 1. 27 and 28, accompanied by a report, to be submitted to Parliament or, where appropriate, to the Government, for triggering the legislative procedure.
Section 4 of the draft regulatory acts Motivation motivation of draft regulatory acts presentation Tools and motivation Article 30 (1) draft normative acts must be accompanied by the following documents: (a) motivation) exposures of reasons-in the case of draft laws and legislative proposals;
b) interpretative notes-in the case of Government decisions and ordinances; Ordinances to be subject to Parliament's approval, according to the law of competencies, and Ordinances shall be submitted to the Parliament together with its statement of reasons to the draft law for approval;
c) reports for approval-other regulations;
d) impact studies-in the case of draft laws of particular importance and complexity, and of draft laws approving ordinances issued by the Government under the enabling law and subject to Parliament's approval.
(2) the recitals, the interpretative notes, papers and impact studies constitute the tools and motivation of new proposed regulations.
(3) in the case of draft laws which the Government assumes the responsibility of motivating documents that accompany these projects are statement of reasons and, as appropriate, the report under article 13. 29. Article 31 of contents of motivation (1) presentation and motivation Tool includes the content of the impact assessment of the normative acts, including the following sections: (a) the reason for the regulatory issue)-requirements that advertises the normative intervention, with particular reference to vulnerable and inconsistent regulations in force; basic principles and purpose of the proposed regulations, with highlighting new items; the conclusions of studies, research papers, statistical evaluations; references to documents of public policies or to act for whose implementation is developed that project. For Ordinances will be presented as distinct elements of extraordinary situation which requires immediate regulation, not enough use of parliamentary procedure, as well as any consequences that would occur in the absence of taking legislative measures to be proposed;
b) the impact of socioeconomic-environmental effects of macro-economic, social, business and the environment, including assessment of costs and benefits;
c the financial impact on the budget) generally reinforced both in the short term, for the current year, as well as long-term (5 years), including information on the expenditure and revenue;
d) impact on the legal system-the implications of the new regulation on the laws in force; compatibility with Community rules in the matter, determine their exact and, if necessary, future harmonization measures; decisions by the Court of Justice of the European Union and other documents relevant to the implementation of the legal provisions or transposition; implications for domestic laws, if ratification or approval of treaties international agreements, such as the times and the necessary adaptation measures; the concerns of legislative harmonization;
consultations conducted in e) drafting of the draft normative act, organizations and experts see the essence of the recommendations received;
f) public information activities relating to the development and implementation of the draft normative act;
g) implementation measures-institutional and functional changes at the level of Central and local public administration.
(2) in the event that the proposed regulation shall be drawn up in fulfilment of a regulatory action, the motivation must contain references to the Act on the basis of and in which the enforcement issue.
(3) the final form of presentation and motivation of draft normative acts shall contain a reference to the opinion of the Legislative Council and, as appropriate, of the Supreme Council of national defence, the Court of Auditors or the Economic and Social Council.
(4) the Government shall determine the structure and content of presentation tools and motivation for the normative acts initiated by the Government.
Drafting of motivation Article 32 (1) the documents may be drafted for motivation in a clear, explanatory style, using the terminology of the draft normative act posed.
(2) the statement of grounds must be based on the final form of the draft normative act; If anybody have brought some changes to the project as a result of the proposals and the comments received from the advisory bodies, the initial motivation to be reconsidered accordingly.
Study of impact of article 33 (1) for the development of the impact study is to estimate the costs and benefits in economic and social Council the adoption of the draft law, as well as to highlight the difficulties that might arise in the process of implementing the proposed regulations.
(2) impact Study is drawn, as a rule, specialized structures in the field of public administration, at the request of the Government. For legislative proposals initiated by deputies or senators, impact studies shall be prepared by the relevant ministries, at the request of the parliamentary committees.
(3) impact study referred to: a) in the State of affairs existing at the time of drafting the new regulations;
b) amendments are proposed to be made to existing legislation;
c the objectives aimed at by) the modification of existing legislation;
d) means available in order to achieve the goals;
e) the difficulties that might be encountered in the application of the new provisions;
f the evaluation imposed costs) of the adoption of the draft law and any budgetary savings stemming from this, the underlying reasons for this assessment, as well as to the method of calculation of the costs and savings;
g) the benefits resulting from its implementation regulations, other than those of an economic nature;
h) comparative analysis of the costs and benefits of the proposed draft law, concerning whether benefits are cost-justified.
The signing of the instruments of presentation and motivation Article 34 (1) recitals to the Bills which the legislative initiative shall be exercised by the Government, and the recitals to the draft laws on the approval of certain Ordinances or Emergency Ordinance signed by the Prime Minister after the adoption of the final form of the project to the Government.
(2) recitals in legislative proposals drawn up by MPs or senators shall be signed by the originators.
(3) if the legislative initiative is exercised by citizens, the statement of reasons must be accompanied by the view of the Constitutional Court, drawn up under the provisions of art. 146 lit. (j)) of the Constitution of Romania, republished.
(4) the interpretative Notes to the draft decrees and decisions of the Government shall be signed by the Minister or Ministers will lay, as well as those which they have endorsed.
(4) recitals at law and interpretative notes to the Ordinances of Government decisions, developed by the initiator, shall be published, together with the regulatory act in question in the Official Gazette of Romania, part I, or present themselves on the internet by the issuing authority. If in the course of parliamentary debates the Bill or legislative proposal has undergone substantive changes, the statement of reasons will be reconstructed, after promulgation by the originator, from the date of referral to the Secretary general of the Chamber of Deputies.
Chapter IV Drafting of normative acts Drafting of normative acts to formulate the ideas in the text of article 35 to ensure a logical sequence of proposed legislative solutions and achieving inner harmony of the normative act respect the project should be preceded by drawing up a plan of grouping together of ideas depending on connections and naturally, within the general concept of the rules.
The style of normative acts in article 36 (1) normative acts must be written in a language and style specific normative legal, concise, sober, clear and precise, to exclude any quibble with strict adherence to the rules of grammar and spelling.
(2) it is prohibited to use neologisms, if there is a synonym of wide spread in Romanian language. In cases where it is necessary the use of terms and phrases, will join, as appropriate, their correspondent in Romanian language.
(3) specialized Terms may be used only if they are committed in the field of activity covered by the regulation.
(4) as the drafting of the texts is done through the use of the word in their language meaning current in modern Romanian, avoiding regionalismelor. Drafting is linked to the goal of understanding the text by its recipients.
The unity of terminology in article 37 (1) the same normative notions is expressed only by the same terms.
(2) If a term or a concept is not consecrated, or may have different meanings, its meaning in context is established through regulatory action that they establish, under general provisions or in an annex intended for lexicon respectively, and becomes mandatory for the normative acts of the same matter.
(3) the expression by some designations abbreviations or terms can be done only through the text will be the subject, at first use.
Expressing regulatory content in article 38 (1) the text of articles must have the character device, to present the norm established without explanation or justification.
(2) In drafting the final regulatory action, as a rule, you use the verbs in the present tense, affirmative form, in order to accentuate the imperative nature of the provision in question.
(3) the use of interpretive explanations by the rules is permitted only insofar as they are strictly necessary for understanding the text. It is not allowed for the submission of explanations by using parentheses.
Referring to other normative act in article 39 (1) the reference in a final regulatory action to other normative act is done by specifying the legal category of it, the number, title and date of publication of that act or legal category and number, if any confusion is ruled out.
(2) the reference to an international treaty must include both the full name of the workbook, and the Act of ratification or approval.
Chapter V the structure of the regulatory Structure of the normative act section 1 the Parties constituting the regulatory Parties constituting the regulatory Parties constituting the regulatory normative Act Article 40 the following constituent parts: the title and, if applicable, the preamble, the introductory formula, enacting formula attesting the authenticity of the document.
The title of the normative act Article 41 (1) the title of the normative act includes the name of the document, according to its category and legal authority, and the purpose of the regulation synthetic expressed.
(2) Category of regulatory action is determined by the competences established by the Constitution, laws and other normative acts providing legal regulatory prerogatives of public authorities.
(3) the public authority is vested by the Constitution or other legislation.
(4) it shall be prohibited as project name of a normative act to be the same as that of another normative act in force.
(5) in the case of acts by which change or complement another normative act, the title of the document will express operation change or complement to regulatory action.
(6) as the identifier, title, since it complements the regulatory action, with a serial number, together with the year in which it was adopted.
The introductory formula in article 42 (1) introductory Formula consists of a sentence that includes the name of the issuing authority and the expression of decision-making concerning the issue or adopt regulatory respectively.
(2) if the laws of the introductory formula "the Parliament adopts this law."
(3) for the introductory formula is: Government "under art. 108 of the Constitution of Romania, republished, Government of Romania adopts this decision "or, where appropriate," Ordinance ". The Ordinances referred to and the enabling law. The Ordinances, the introductory formula is: "pursuant to art. 115 paragraph 1. (4) of the Constitution of Romania, republished, Government of Romania adopts this emergency Ordinance. " Judgements given in the execution of the laws and by virtue of the law in question.
(4) in the other categories of normative introductory formula includes within it the name of the issuing authority of the Act, depending on the legal nature and legal basis on the basis of which the Act and the execution was issued.
The preamble of Article 43 (1) the preamble States, in summary, purpose and, where appropriate, the motivation. It cannot include any directives nor rules of interpretation. The preamble preceding the introductory formula.
(2) the inclusion in the preamble of the normative act must be assessed on a case by case basis.
(3) The Ordinances preamble is mandatory and includes the presentation of the elements of fact and law of the extraordinary situation requires recourse to this regulatory pathway.
(4) in the case of normative acts of central public administration or local government, the preamble mentions and opinions provided by law.
Enacting Article 44 enacting of regulatory action represents the actual content of regulation, consisting of the totality of the legal norms established in the sphere of social relations are subject to it.
The entry relating to the transposition of Community rules in article 45 (1) in the case of normative acts transposing Community rules directly into national law after enacting them shall make a statement giving particulars of a Community act was taken as follows: "the present/present (it mentions type regulatory) transposes Directive No. /published in the official journal of the European Union no. / ."
(2) If through a normative act only partially transposes a Community act, the indication referred to in paragraph 1. (1) must specify in detail the texts (articles/sections/paragraphs, if applicable) included.
Attestation of the authenticity of the normative act in article 46 (1) regulatory action adopted shall be signed by the legal representative of the issuer, shall be dated and shall be numbered.
(2) the date on which the law is given after promulgation. For normative acts of Parliament, which under the law are not subject to promulgation, the date shall be that of the adoption of the Act.
(3) the acts of Government bears the date of hearing of the Government Act was approved. Date of other normative acts is that at which they were signed.
(4) the numbering of normative acts shall be in the order of their provenance, separately on each calendar year.
(5) it is mandatory that The laws at the end of the Act to make the endorsement on the fulfillment of the constitutional provision concerning 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, which is used for each room in the order, is: a) "this Bill was adopted by the Chamber of Deputies/Senate at its meeting, in compliance with the provisions of art. 76 para. (1) or, where appropriate, article 3. 76 para. (2) of the Constitution of Romania, republished. "-If the Chamber of Deputies/Senate adopts the Bill or legislative proposal, with or without amendments;
b) "this Bill shall be considered adopted by the Chamber of Deputies/Senate in its original form, pursuant to article. 75 para. (2) the third sentence or of art. 115 paragraph 1. (5) the third sentence, where appropriate, of the Constitution of Romania, republished. "-If the time limit is exceeded for adoption.
(7) the Formula for attesting the legality of law shall read as follows: this Act was adopted by Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (1) or (2), as applicable, of the Constitution of Romania, republished.
(8) if the law is adopted in a joint sitting of the two Chambers, the formula of the legality of the adoption thereof shall read as follows: this Act was adopted by Parliament, in compliance with the provisions of art. 65 paragraph 1. (2) and of article 23. 76 para. (1) or (2) or article 10. 148 paragraph 4. (1) or article 3. 149, where appropriate, of the Constitution of Romania, republished.
(9) if the laws of revising the Constitution of Romania, the formula for attesting the legality of adoption shall read as follows: this Act was adopted by the Chamber of Deputies and the Senate, in compliance with the provisions of art. 151 paragraph 1. (1) or paragraph. (2), as appropriate, of the Constitution of Romania, republished.
(10) the Formula for accreditation is followed by the signatures of the Presidents of both chambers or Vice Presidents who led the meetings.
Article, the basic structural element of devices Article 47 (1) of the basic structural Element of devices is the article. Article includes, as a rule, a single provision applicable to a situation and regulatory data.
(2) the structure of the article needs to be balanced, addressing exclusively the necessary legal aspects of context.
(3) article is expressed in the text of the law by the abbreviation "art.". Items are numbered in the order in the text, from the beginning to the end of the final regulatory action, with Arabic numerals. If the Act comprises only one item, it will define the term "article".
(4) in the case of normative acts with the purpose of modifications or additions of other normative acts, articles shall be numbered figures, whilst maintaining the numbering with Arabic numerals for the texts of the amended or supplemented.
(5) The codes and the law of the sea, articles will be provided with marginal names, expressing their synthetic; they have no meaning in content regulation.
The second paragraph of Article 48 (1) where the order of the primary regulatory of an item will result in more organic way, legal assumptions, these will be presented in separate paragraphs, article a logical sequence of ideas and a consistency of the rules.
(2) Paragraph, as a subdivision of the article, is usually a single sentence or phrase, regulating a specific legal hypothesis article Assembly; If the disposal cannot be expressed in a single sentence or phrase, you can add new sentences or phrases, separated by semicolons. Paragraph is highlighted by a slight retreat from the vertical text alignment.
(3) If the contents of an article using a term or an expression in the context of another normative act understood than that of ordinary meaning must be defined within a paragraph are subsequently. Where the frequency of such terms and phrases is great, the Act must include in its structure a set of definitions or an annex with an index of terms.
(4) In a certain normative acts, if an article has two or more paragraphs, they shall be numbered in Arabic numerals beginning with each listed in parenthesis. For clarity, brevity and the unitary character of the text of an article it is recommended that it not be a profusion of paragraphs.
Enumerations in the text of article 49 (1) if the text of an article or paragraph contains enumerations presented distinct, they are identified by using the letters of the alphabet and not by hyphens or other graphics.
(2) a separate list, marked with a letter, not incorporate, in turn, another list and any new paragraphs.
(3) If the hypothesis with a letter marked require a development, or a separate explanation, this will be done through a separate paragraph to follow the last recital.
The reference to the regulations in article 50 (1) where a rule is complementary to other rules, in order to avoid repetition in the text of the rules will be referred to in the article, namely the Act that it contains. Cannot be made, as a rule, a reference to another norm of reference.
(2) If the rule referenced is included in other legislation, it is compulsory to indicate the title, number and other particulars.
(3) the reference to the rules of another normative act may be carried at all times content only to a subdivision, stated as such. When the Act makes reference object has been altered, supplemented, or republish times statement about it.
(4) the amendment, Supplement and repeal of the provision to which reference was made in the Act amending, supplementing or repealing ought to be considered the legal situation of standard for reference.
Section 2 of the regulatory content Systematization Systematization systematization of contents regulatory regulatory content in article 51 (1) the content of the draft normative act is summarized in the following order of presentation of ideas: a) General provisions or general principles;
(b) provisions relating to the settlement Fund);
c) transitional provisions;
d) final provisions.
(2) in the case of small rules can stretch Edition text without distinct mark referred to in paragraph elements. (1), but this order of presentation.
(3) within the structure of the paragraph. (1) articles can be grouped into chapters, which may be divided into sections and, as appropriate, into paragraphs. The codes and other laws of the sea expanse, chapters may be grouped in ascending order —-in titles and, where appropriate, in part, that, in turn, can be founded in books; grouping is done in all cases, according to the organic link between the rules which they encompass.
General provisions Article 52 General provisions include provisions that orients the entire regulations, determines the object and its principles. They are grouped in the first chapter, and shall not include the rest of the settlement, unless they are strictly necessary for the understanding of some provisions constituting a unitary whole.
Substantive provisions Article 53 (1) basic provisions include the regulation of social relations subject to regulatory action.
(2) sequence and grouping of the substantive provisions contained in the Act shall be made in logical order of regulated activities, ensuring that the substantive provisions to precede procedural ones, and in case of the imposition of sanctions, they shall be placed before the transitional provisions and final provisions.
(3) the texts governing similar assumptions contained in several divisions of the regulatory action can be grouped in separate structures, called common provisions.
Transitional provisions Article 54 (1) the transitional provisions include measures to be imposed with respect to the conduct of legal relations arising under the old regulations, which is to be replaced by new legislation.
(2) transitional provisions should ensure, for a determined period, linking the two regulations, so that the implementation of the new regulatory action to arise naturally and avoid retroactivity or conflict between successive norms.
Final provisions Article 55 (1) Final Provisions include the measures necessary for the implementation of the normative act, the date of entry into force of this Regulation pursuant to article 5. 12, implications for other normative acts, as: repeals, amendments, additions, and disposition, republish if necessary.
(2) where, for the purposes of a regulatory action, detailed rules are laid down, it will set the deadline for their development and that of their entry into force, which shall not exceed, as a general rule, 30 days after the date of entry into force of the final regulatory action.
(3) The regulatory provision is temporary and period of application or the date of termination of his or her application.
(4) to the laws prescribed by art. 115 paragraph 1. (8) of the Constitution of Romania, republished, under the provisions of the final shall be provided, where appropriate, the necessary measures with regard to the legal effects produced during the period of application of the Ordinance.
Numbering and naming chapters and other groups of items in article 56 (1) Chapters, titles, parts of books are numbered figures, in the sequence in the structure. The sections and paragraphs are numbered with Arabic numerals.
(2) the titles, chapters and sections are considered to be expressions of regulations on synthetic they encompass.
Annexes in article 57 (1) in respect of a draft normative act, may be used as component parts of the annexes that contain provisions that include digital expressions, drawings, tables, or the like.
(2) may constitute annexes to the regulatory rules must be approved by the competent public authority, such as statutes, regulations, rules or methodologies with predominantly technical in nature.
(3) annex II must have a theme framework in regulatory body and to relate solely to the subject determined by text reference.
(4) the text of the framework of reference must do, in his finale, noting that annex shall form part of the final regulatory action; If there are multiple attachments at the end of the final regulatory action shall include a separate article covering the same remark, accompanied by the nomination of all annexes.
(5) the title of annex II includes chemicals and synthetic expression of the idea of the text.
(6) if there are multiple attachments, they shall be numbered with Arabic numerals in the order in which they were set out in the draft text.
Chapter VI to amend, Supplement, repeal and Amend other legislative events, completing, the repeal of legislative and other legislative Events events in article 58 (1) After the entry into force of a normative act, the duration of its existence, there may be some different events such as legislative amendment, Supplement, abolition, republishing, suspension or the like.
(2) In duly justified circumstances, notwithstanding the provisions of paragraph 1. (1) normative acts of particular importance and complexity may be changed, supplemented or, where appropriate, be repealed by the issuing authority and the period between the date of publication in the Official Gazette of Romania, part I, and the date set for their entry into force, provided that the proposed intervention force at the same time as the normative act subject to legislative event.
(3) legislative Events can be arranged through subsequent enactments of the same level or higher level, aimed exclusively for that event, but also by other subsequent enactments which, mainly, regulate a specific problematic, and as such events related to have secure linking of the two enactments interference.
Amend Article 59 (1) amendment of enactments consists in changing the order of some text or more times its articles and paragraphs in their playing in a new wording.
(2) to express the intention of the regulatory amendment to a normative act expressly endorsed text is nominated, with all the means necessary, proper disposal and are formulated using the phrase "is amended and shall read as follows:", followed by the playing of the new text.
(3) the process of mentioning in the generic of a normative act, that another business or regulatory texts of that act is amended appropriately "should be avoided. It also cannot be used to express a modification, only some fragments rendering times phrases from a text. Amendment shall be entered in full text, contained in the article, paragraph or in the scoring of a recital.
Completion of Article 60 (1) completing the regulatory action is to introduce new measures, including legislative solutions and additional hypotheses expressed in texts which are added to existing structural elements by using a formula of expression, such as: "after the article is introduces a new article, with the following content:".
(2) If the notice of completion has no renumbering of the Act, articles or structures, including the newly-introduced paragraphs, will acquire the number of structures corresponding to those of the ancient text, after which the user enters, accompanied by an alphabetic solid, for differentiation.
Substantive conditions for modification and completion of the normative acts in article 61 (1) amending or completing a regulatory action is admissible only if it does not affect the overall conception times unitary character of that act or if not the entire times most of the rules in question; otherwise the Act is replaced by a new regulation, to be wholly repealed.
(2) the provisions of the amended or that complement regulatory action must integrate harmoniously into the Act subject to modification times, ensuring unity of style and terminology, as well as the normal sequence of articles.
The effects of the provisions amending and supplementing the provisions of article 62 of the alteration and additions shall be incorporated, the date of their entry into force, in the basic instrument, identifying with it. Subsequent interventions for amending or supplementing them to be given all the Basic Act.
Rule 63 which Article to establish a rule derogating will use the wording "notwithstanding" followed by a reference to regulation to derogate. The exemption can only be made through a regulatory action level at least equal to that of the basic regulation.
The repeal of Article 64 (1) the provisions of a regulatory act, a new rule to the contrary of the same level or higher, must be repealed. Repeal may be total or partial.
(2) in the case of partial repeals occurring in succession, the last one will refer to repeal the entire regulatory texts, not only remaining in force.
(3) the repeal of a provision or a regulatory nature. It is not admitted that by repealing an act to repeal the previous call into force regulatory act. Exception provisions of the Ordinances which have provided for Government terminating rules and law have been rejected by Parliament.
(4) If a rule of lower level, with the same object, it has not been expressly repealed by the Act, this obligation is the responsibility of the authority which issued the first act.
(5) partial Abrogările are treated as changes in regulations, the Act repealed partially in force through provisions of its neabrogate.
Conditions and form of repeal of Article 65 (1) Repeal may be ordered, as a rule, by a separate provision in the finale of a normative act regulating a specific problematic, if it affects the previous normative provisions, related to the latest regulations.
(2) within the operations of systematization and unification of legislation may develop and adopt regulations repeal, aimed exclusively to repeal several regulations.
(3) for the purpose of removing regulatory provisions concerned should be determined, since the laws and then with other regulations, by mentioning all their identification data.
Suspension of regulatory action in article 66 (1) in exceptional circumstances the application of a regulatory act may be suspended by a normative act of the same level or higher. In this situation it will provide, specifically, the date on which the suspension, as well as her determined duration.
(2) upon expiry of the period of suspension the normative act or disposition of affected by suspension of law force recovers.
(3) the extension of the suspension times amended or repealed or regulatory disposition in abeyance is subject to regulatory action or an explicit provision with effect from the expiry date of the suspension.
Legislative events implied in article 67 (1) In exceptional cases, where the elaboration and adoption of rules has not been possible to identify all the rules to the contrary, it is assumed that they have been subject to modification, supplement their implied repeal times.
(2) in the context of his Legislative Council is obliged to identify all laws that have suffered the events of default and to propose legislative Parliament and Government, respectively, the necessary measures to amend, repeal, or add-in express.
(3) legislative Events implied not recognised if special regulations whose provisions cannot be considered to be modified, supplemented or rescinded the general rule of matter, unless this is expressly.
Normative acts with limited scope of article 68 (1) regulatory acts may have limited application in time, in space or on the subject of the settlement.
(2) by subsequent regulations can extend, expand or collapse the duration of temporary regulations, as well as those with limited space or application relating to the subject.
(3) the provision of extension to the scope of the regulatory action must temporarily step in before the deadline and indicate, where appropriate, the new term.
Legal interpretation of Article 69 (1) legislative Interventions in order to clarify the meaning of certain legal norms is achieved through a normative act of the same level as the interpretative Act, through interpretative provisions contained in new legislation or by amending the provision whose meaning must be clarified.
(2) the legal Interpretation that occurs pursuant to paragraph 1. (1) can confirm or deny, if necessary, judicial interpretations, times change arbitral or administrative measures adopted by that date, with all rights reserved.
Republication of Article 70 (1) normative act amended or supplemented substantially is a Republic based on the disposition contained in the Act amending and supplementing.
(2) in order to republish, normative act is done integrating provisions modified or those completing the whole settlement, sandbox is changed in the meantime, names such as those of institutions or localities, posing, when ordered, a new numbering of chapters, articles, paragraphs and other structures of the Act.
(3) Ordinances, laws of Republication and Government decisions shall be made in the Official Gazette of Romania, part I, with the care of the public authority that issued the Act amending and supplementing. Republication is made not later than 45 days after the date of publication of the Act which ordered this measure. Transmission of the form republicabile for obtaining the opinion of the Legislative Council shall be made within 30 days from the date of publication of the Act which ordered the republication. If the time limits are extended codes for 15 days.
(4) the Republication of normative acts amended or supplemented by ordinances of the Government shall be subject to the approval of the latter by law, so as not to create any conflict with the Act of approval, where it brings other changes the Ordinance subject to approval.
(5) laws and ordinances and decisions of Government is a Republic with the opinion of the Legislative Council on the new text, to refer to the Secretary general of the Chamber of deputies or, where appropriate, of the General Secretariat of the Government.
Amendment to article 71 (1) where after the publication of the final regulatory action is found in his clerical error, proceed to publication of the note containing the corrections required.
(2) it is prohibited to amend provisions of normative acts by resorting to corrective operation, which should be limited only to material errors.
(3) the adjustment is made at the request of the issuing body, the Legislative Council.
Chapter VII rules relating to the preparation and drafting of normative acts by which ratifies or approves international agreements rules relating to the preparation and drafting of normative acts by which ratifies or approves international agreements the instruments of ratification, approval of article 72 (1) ratification of international treaties concluded by Romania shall be drawn up, in accordance with the Constitution and the law in matters draft laws.
(2) in the case of agreements, conventions and other international agreements, to which the jurisdiction of approving the law rests with the Government, will develop draft decisions.
(3) the Bill or resolution shall be subject to adoption, accompanied by the text of the international instrument in the original language and in translation official or authorized.
(4) the texts of international nature shall be subject to ratification or approval will stamp on each page, and last page will attest, through the signature of the person authorized by stamping, and compliance with the original document.
Applying the rules of legislative technique Article 73 the rules of legislative technique are properly applicable and draft regulatory acts by which ratifies or approves treaties or other international agreements.
Article Act 74 title the title of the draft normative act will include the full name of international understanding, place and date of signature; Depending on the situation, through title expresses the idea of ratification, accession or approval of international understanding in question.
Ratification approval several times treated or understandings through a single act Article 75 where two or more international agreements it is ratifying or approving by a single act, so far as ratification will convey approval times, for each agreement, through a separate article.
Publication of the documents of ratification or approval Article 76 the instruments of ratification or approval shall be published together with the texts of ratified international treaties and agreements approved.
Chapter VIII Rules concerning orders, instructions and other regulations issued by the heads of ministries and other central bodies of public administration or of autonomous administrative authorities Rules regarding orders, instructions and other regulations issued by the heads of ministries and other central bodies of public administration or autonomous administrative authorities in executing the Laws given a regulatory Article 77 with normative Orders also, instructions and other acts of Heads of ministries and other central bodies of public administration or of autonomous administrative authorities shall be issued only on the basis and in the enforcement of laws, decisions and orders of the Government. In the introductory formula of these regulations will be covered all the legal bases provided for in art. 42 para. 4. Regulating Article 78 Orders, instructions and other such acts must be confined strictly to the framework established by the acts on the basis and in the execution of which they are issued and may not contain solutions contrary to the provisions thereof.
The term for Article 79
Orders and instructions shall be made within the period prescribed by the Act or, where appropriate, within a time limit useful to make possible their capability to fruition.
Chapter IX Rules with regard to the normative acts adopted by local public administration authorities with regard to the normative acts adopted by local public administration authorities, subject to article 80 of the regulatory normative acts of local public administration authorities shall be adopted or issued to regulate local activities, within the limits established by the Constitution and by law and only in areas where they have legal powers.
Subordination toward higher-level laws Article 81 (1) The preparation of draft decisions, orders or dispositions will consider their status as subordinate laws, acts and ordinances of the Government decisions and other acts.
(2) the regulations contained in the decisions of the local councils and county councils, as well as those contained in the provisions of orders of mayors or prefects may not contravene the Constitution and regulations of the regulatory acts.
Legal basis Article 82 in the introduction to the draft normative act adopted or issued by local public administration authorities stated, in addition to the legal basis as provided for in art. 42 para. (4), and the legal basis of the law on local public administration no. 215/2001, republished *), with subsequent amendments and additions.
_ _ _ _ _ _ _ *) the law on local public administration no. 215/2001 was republished in the Official Gazette of Romania, part I, no. 123 of 20 February 2007.
Publication of Article 83 with a view to their entry into force, the regulatory acts adopted by local public administration authorities shall be made public, in accordance with the law No. 215/2001, republished, with subsequent amendments and additions, through jobs and display through publication in a high-circulation daily local newspaper.
Chapter X final provisions the final Provisions of the implementing Regulations of article 84 's own Parliament, Government and other authorities of Central and local public administration shall, in applying the rules of legislative technique prescribed by this Act, the regulations, its own methodological and organizational measures should be amended, and the circulation of draft normative acts within the sphere of their competence.
The repeal of Article 85 to the date of entry into force of this law shall be repealed Decree nr. 16/1976 for approval of General Methodology concerning the preparation of legislative technique and systematization of draft normative acts published in the Official Gazette, part I, no. 14 of February 13, 1976.