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Law No. 195 Of 6 November 2000 On The Establishment And Organization Of The Clergy, The Military, The Romanian Parliament Adopts This Law.

Original Language Title:  LEGE nr. 195 din 6 noiembrie 2000 privind constituirea şi organizarea clerului militar Parlamentul României adopta prezenta lege.

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LEGE no. 195 195 of 6 November 2000 on the establishment and organization of the military clergy
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 561 561 of 13 November 2000



+ Chapter 1 General provisions + Article 1 (1) The military clergy shall be made up of military priests operating in the structures of the armed forces. (2) The military clair shall be established in the Ministry of National Defence, the Ministry of Interior, the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Guard Service, the Special Telecommunications Service and the Ministry of Justice- The General Directorate of Prisons, in order to satisfy the spiritual-religious requirements of the military; its members contribute, by specific means and within the limits of the pastoral mission they have, to the cultivation of hostile virtues, to the formation civic responsibility and patriotic feelings among the military. + Article 2 The military priest is the servant of a church or a cult recognized by the law, framed in the structures of the armed forces, invested with the right to officiate acts of worship and to convey the teaching inherited to the faithful he shepherds. + Article 3 (1) The spiritual and religious activities are carried out according to the church ordinances, according to the program established by the military priest, with the approval of the commander of the unit. The participation of the military in these activities is based on their freely expressed option. (2) Military participation in religious, moral or civic education activities, religious services occasioned by national holidays, swearing-in, Heroes ' Day, days of army forces, weapons, days units, from Sundays and holidays, as well as to the educational-patriotic program related to them are carried out according to the plan of preparation for the fight. + Article 4 Military priests carry out in units and garrisons both pastoral activity, according to the doctrine and practice of that cult, as well as moral-religious education activity, in patriotic spirit, for the military in term, the military with term reduced, military personnel on the basis of contract, military personnel, civil employees and their families living in the perimeter of the respective military units. + Article 5 (1) Religious services shall be carried out, in peacetime, in places of worship in military or local units intended, in specially arranged spaces or on training grounds. (2) In the campaign, in a curfew or in a state of emergency, religious services shall be carried out in forms and places appropriate to those situations. + Article 6 (1) At religious services military priests wear the clothing of the cult to which they belong, and on the other occasions, the appropriate clerical military uniform. (2) The rules on the description of the clerical military uniform, the distinctive and hierarchical marks shall be established by regulation approved by Government decision. + Article 7 The religious affiliation of the military is the one declared by them. + Article 8 In all military units and formations it is forbidden to attract military to a particular faith, through abusive forms and means or other than freely consented ones. + Chapter 2 Organization of military clergy + Article 9 (1) The recruitment of military priests shall be made by the Ministry of National Defence, the Ministry of Interior, the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Guard Service, the Special Telecommunications Service and the Ministry of Foreign Affairs. Justice-General Directorate of Prisons, among the ordained or ordained staff who has only Romanian citizenship, recommended by a legally constituted cult, licensed in pastoral Theology and having at least 2 years of church activity. (2) The fall of military priests is through the competition. (3) The candidates declared admitted will attend specific training courses, organized by the institutions provided in art. 1, in collaboration with religious cults that recommended priests for the military environment. + Article 10 (1) In the Ministry of National Defence, in the Ministry of Interior and in the Ministry of Justice, a religious assistance section is organized and operated. (2) In the other institutions in which military priests work are constituted structures appropriate to the requirements, established by order of the heads of the respective institutions. (3) The organization, composition and duties of the structures provided in par. ((1) and (2) shall be established by the rules of organisation and operation. + Article 11 (1) The head of the Religious Assistance Section has an honorary rank of administrative vicar and is appointed by the competent minister, at the proposal of the Romanian Orthodox Church, following the ecumenical consultation of the cults that have representation within the ministries referred to in art. 10 10 para. (1), of the priests who meet the conditions for this function. (2) The head of the Religious Assistance Section coordinates the activity of priests, pastors or servants of other cults, permanents and employees on the basis of civil service agreements. (3) In carrying out his duties the head of the Religious Assistance Section collaborates, on a military line, with an adviser, officer in activity. + Article 12 (1) For the coverage of religious assistance needs will be able to be clerical employees from cult units, on the basis of civil service agreements, under the conditions art. 3 lit. a) and the other provisions of Law no. 130/1999 on some measures to protect people in work. (2) Clergy employees according to par. (1) are recommended by the bishop of the place or the local head of the respective cult, selected and empowered by religious assistance departments, and must meet the requirements provided in art. 9 9 para. ((3). (3) During their activity the clerics employed on the basis of civil service agreements shall respect the duties assigned to the permanent military clerics. During that period they do not acquire the status of an employee and do not benefit from the rights provided for in the legislation on the protection of unemployed persons, art. 6 6 para. ((1) of Law no. 130/1999 . + Article 13 The salary rights of clergy employed on the basis of civil service agreements will be determined in relation to the volume of activity carried out monthly by them. + Article 14 Military priests subordinate themselves militarily to the heads of military structures in which they are framed and spiritually-canonical to the church hierarchy that recommended them. + Article 15 Military priests are assimilated to the officers ' body, as follows: a) assimilated to the rank of major: priests of garrison category I and assistant priests; b) assimilated to the rank of lieutenant colonel: the priests of the garrison category II; c) assimilated to the rank of colonel: priests of garrison category III, priests of the Bucharest Garrison, priests in the Religious Assistance Section; d) assimilated to the rank of brigadier general: inspector general and head of the Religious Assistance Section. + Chapter 3 Duties and rights of military priests + Article 16 Provisions art. 9-12 9-12, 14, 17-28 and 112 of Law no. 80/1995 on the status of military personnel shall also apply to military priests and their families, as appropriate. + Article 17 The priest in the military structures mainly has the following duties: a) officiates the Divine Liturgy, the other services and religious services, administers the Holy Sacraments, ensuring the confession and sharing of military and civil personnel, carries out the activity of individual and group pastoral in units, in the conditions provided in art. 3 3 para. ((1); b) convey to the military of the same religion or denomination with him the teaching of faith of the religious cult they represent; c) carries out activity of moral-religious, ethical and civic education of army personnel; d) collaborate directly with other educational factors in units, commands and garrisons for the organization of religious services, on the occasion of important events in the history and spirituality of the Romanian people; e) provide religious assistance, upon request, to all military, including those in hospitals, penitentiaries or in the arrest of units; f) participate by specific pastoral means to spiritual training, to prevent and combat anti-social manifestations; g) is concerned, together with commanders or heads, of the psycho-moral and disciplinary state of the military; h) participate, with the approval of the commanders, in the pastoral training programs organized by the respective religious cult, without affecting the assistance activity in the military structures in which they operate, or those of military training organized by the structures in which they are assigned. + Article 18 Military priests are restricted the exercise of rights and freedoms, as follows: a) marriage to a stateless person or who does not have exclusively Romanian citizenship is subject to obtaining the prior approval of the heads of the institutions in which they are assigned; b) participation in rallies, demonstrations or political meetings or trade union is prohibited; c) military priests can travel abroad under the conditions that are established by order and provisions of an internal nature; d) political opinions may be expressed only outside the service, but not in the face of the shepherded military; e) the establishment in different forms of association of professional, technical-scientific, cultural and sports-recreational character, except for the trade union ones or which contravene the single order, military order and discipline, is allowed under the established conditions by regulations; f) permanent military priests cannot function as parish priests until after the cessation of activity among the military clergy. + Article 19 (1) For acts of heroism, courage and devotion in the execution of missions, as well as for special merits in the performance of their duties, military priests may be awarded decorations and titles of honor. (2) For seniority in activity and meritorious results, military priests are given medals and military orders, and on church line, ranks and distinctions. The conferment of decorations and honorary titles to military priests is made according to the regulations applicable to military personnel. Through effective seniority in military service it is understood, in the case of military priests, the period between the date on which those concerned acquired this quality, under the conditions of this law, and the date of its termination. (3) For the exemplary performance of the duties of the military priests may be granted moral and material rewards, according to the military regulations. + Article 20 (1) For deviations from discipline, non-performance of duties or violation of the rules of social coexistence to military priests may be imposed sanctions. (2) The rules on the establishment of sanctions and their powers of application shall be drawn up by the Ministry and the institution, together with those religious cults to which the priests belong, on the basis of military regulations and church ordinances. + Chapter 4 Ending the quality of military priest + Article 21 The age limits until which military priests can be held in office are similar to those of military personnel. + Article 22 Military priests cease to have this quality in the following situations: a) after the age and seniority in service, necessary for the granting of the service pension; b) are assigned by the commissions of medical-military expertise in the first degree, II or III of invalidity, according to the law; c) when following the reorganization of some units and the reduction of some functions in the organization states there are no possibilities to be assigned to other units, as well as for other reasons or needs of the ministries; d) on request, for duly substantiated reasons; e) by resignation; f) when they are sentenced by court decision, remaining final, to the prison sentence with its execution; g) when violating the provisions art. 28 28 of Law no. 80/1995 ; h) in other situations attributable to them, established by ministries and institutions, together with those cults to which they belong. + Article 23 (1) The decision on the maintenance in activity of the military priests for which the prosecution began or who are sent to the judgment of the military courts or to the church courts shall be taken, after the resolution of the case, by the military prosecutor's office or the court of military or church. (2) During this period of time the military priests shall be suspended from office, and those who are investigated and tried in a state of freedom or released on bail shall be made available. During the suspension from office the military priests do not receive any rights from the Ministry of National Defence. Those provided benefit from the money rights corresponding to the degree with which they are assimilated, to a minimum. (3) The convicted military priests, who were previously suspended from their positions, cease their status as a military priest as of the date of suspension. (4) If the removal from prosecution or payment has been ordered, they will be reinstated in all the rights held at the time of suspension from office, respectively of making available. (5) The reinstatement may also be ordered in case of termination of criminal prosecution or criminal proceedings. + Article 24 (1) Military priests who do not meet the conditions of retirement do not cease their activity within the institution where they are assigned, during the time they are in temporary incapacity to work, being admitted to hospitals or sanatoriums or are in Sick leave. (2) Provisions of para. (1) does not apply to those to whom the quality of military priest is to cease according to art. 22 lit. d), e), f), g) and h). + Chapter 5 Final provisions + Article 25 The rules on record, selection, classification and promotion to functions and those relating to the service assessment of military priests shall be established by the ministries and institutions within which they operate. + Article 26 Military units shall ensure, within the limits of the possibilities, the necessary means for the construction or arrangement of premises for the conduct of religious services and assistance + Article 27 Within 60 days from the date of entry into force of this law the institutions provided for in art. 1 1 para. (2) will develop the regulation on the organization and functioning of religious assistance departments, as well as the states of functions. + Article 28 On the date of entry into force of this Law, the Government Ordinance no. 106/2000 on the establishment and organization of the military clergy, published in the Official Gazette of Romania, Part I, no. 436 436 of 3 September 2000. + Article 29 This law shall enter into force 60 days after its publication in the Official Gazette of Romania, Part I. This law was adopted by the Senate at the meeting of October 2, 2000, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS This law was adopted by the Chamber of Deputies at the meeting of October 3, 2000, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. ROOM PRESIDENT DEPUTIES, VASILE LUPU ------------