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.

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071903/-lege-nr.-195-din-6-noiembrie-2000-privind-constituirea-i-organizarea-clerului-militar-parlamentul-romniei-adopta-prezenta-lege.html

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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.

Published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 561 of 13 November 2000 Chapter 1 General provisions Article 1 (1) the military clergy consist of military priests operating in the structures of the armed forces.
  

(2) military clergy Institute in the Ministry of national defense, Ministry of Interior, Romanian Intelligence Service, the foreign intelligence service, the Department of protection and security, Telecommunications Service and the Ministry of Justice-Directorate-General of prisons in order to meet the demands of the soldiers ' spiritual-religious; its members contribute, through specific means and within the limits of the pastoral mission of cultivating the virtues, from ostasesti, in the formation of civic responsibility and patriotic feelings among the military.
  


Article 2 the priest is a servant military churches or worship recognized by the law, in the armed forces, invested with the right to officiate in acts of worship and to transmit the doctrine inherited believers whom father alecse.


Article 3 (1) spiritual and religious Activities are conducted religious rubrics, after programme established by the priest, with the approval of the Commander of the military unit. Military participation in these activities is based on the freely expressed their option.
  

(2) the participation of the military activities of religious education, civic, moral or religious services occasioned by public holidays, oath, heroes day, days of classes, weapons, army units, of Sundays and holidays, as well as educational and patriotic program connected with they unfold according to plan in preparation for the fight.
  


Article 4 military Priests conducted in units and garrisons in pastoral activity, according to both the doctrine and practice of worship respectively serviceability, and moral and religious education in patriotic spirit, for soldiers within the military, with reduced term, soldiers employed on a contract basis, military, civilian employees and their families who live within the respective military units.


Article 5 (1) shall be made, religious services in time of peace, in the places of worship of military units or in specific local ones, in premises specially arranged times training courses.
  

(2) in the campaign, the State of siege or State of emergency, the religious services are performed in the appropriate forms and situations in question.
  


Article 6 (1) At the gate of the military services religious cult priests belonging to the clothes, and in other occasions, clericala military uniform.
  

(2) the rules for the clergy, military uniform description of distinguishing marks and ranking shall be established by the regulation approved by the Government.
  


Article 7 religious Affiliation to the military is the one declared by them.


Article 8 In all units and military formations is prohibited to attract military towards a particular faith, through unfair means or forms other than those freely undertaken.


Chapter 2 Organizing military clergy Article 9 (1) recruitment of military priests is made by the Ministry of national defense, Ministry of Interior, Romanian Intelligence Service, the foreign intelligence service, the Department of protection and security, Telecommunications Service and the Ministry of Justice-Directorate-General of prisons, from among the ordained staff or neat only Romanian citizenship, recommended by a legally constituted Bachelor's degree in Pastoral Theology, and having at least 2 years of religious activity.
  

(2) the employment of military priests is through competition.
  

(3) candidates declared admitted will follow specific training courses organised by the institutions referred to in article 1. 1 in cooperation with the religious cults that have recommended for military priests.
  


Article 10 (1) In the Ministry of national defense, the Ministry of the Interior and the Ministry of Justice is organized and operates a Department for religious assistance.
  

(2) In other institutions the priests shall constitute adequate structures to military requirements, laid down by order of the leaders of these institutions.
  

(3) the Organization, composition and tasks of the structures provided for in paragraph 1. (1) and (2) shall be determined by the rules of organization and operation.
  


Article 11 (1) the head of the religious assistance has honorary rank of vicar and is named according to the Minister, upon proposal of the Romanian Orthodox Church, the ecumenical consultation of the cults that have representation in ministries listed in article 1. 10 para. (1), of the priests who meet the conditions for this function.
  

(2) the head of the religious assistance coordinates the activity of priests, pastors or deserventilor of other faiths, and Convention-based employees of the civil service.
  

(3) in carrying out its duties the head of religious assistance shall cooperate, in line with a military adviser, officer in the activity.
  


Article 12 (1) to cover the needs of religious assistance may be employees of religious clerics, Convention-based civil service, under the terms of art. 3 (a). He and other provisions) of law No. 130/1999 concerning certain protective measures with regard to persons placed in work.
  

(2) according to paragraph 11 of resolution employed Clerics (1) are recommended by the Bishop or head of the local Office of the cult question, selected and empowered by sections of religious assistance, and shall meet the requirements laid down in article 21. 9 para. 3. (3) for the duration of their clergy Convention-based employees of the civil service must comply with the duties of the permanent military clergy. During the period that they don't acquire the status of employee and do not benefit from the rights provided for in the legislation on the protection of the unemployed, under art. 6 paragraph 1. (1) of law No. 130/1999.
  


Article 13 Rights of the clergy employed wage-based Convention of the civil service will be established in relation to the volume of activity carried out on a monthly basis.


Article 14 shall be subject to military Priests military-administrative structures of the military chiefs are employed and spiritual-canonical religious hierarchy that i recommended.


Article 15 military Priests are assimilated by the body of officers, as follows: to assess the major assimilated): class of priests and priests garrison assistants;
  

b) degree assimilated Lt. Col.: priests of the garrison of category II;
  

c the level of colonel) assimilated by priests: category III-garrison to Garrison, Bucharest, you priests priests in religious assistance;
  

d) degree assimilated general de brigade: inspector general and head of the Department of religious assistance.
  


Chapter 3 the duties and rights of military priests Article 16 the provisions of art. 9-12, 14, 17 to 28 and 112 of law No. 80/1995 on the status of the military apply properly and military priests and their families, as appropriate.


Article 17 the priest from military structures mainly has the following duties: a) Liturgy officiated, other services and religious services, administer the Sacraments, confession and ensuring the sharing of military and civilian personnel, activities of pastoratie individual and group unit, under the conditions laid down in article 21. 3 paragraphs 1 and 2. (1);
  

b) transmit the same military religion or confession with him teaching the faith of the religious cult which they represent;
  

c) activity of moral and religious education, ethics and civic army personnel;
  

d) collaborates with other factors directly from educationali units, garrisons and headquarters for organizing religious services on the occasion of major events in the history and spirituality of the Romanian people;
  

e) grant assistance, upon request, all military personnel, including those in hospitals, prisons or in the custody of establishments;
  

f) participate by means of pastoral and spiritual formation specific prevention and combating anti-social events;
  

g) deal, alongside commanders like heads of State, or psycho-moral and disciplinary military;
  

h) participate, with the approval of the programmes, the commanders training organized by pastoral religious cult, without affecting the work of the military assistance in which it operates, or to those of military training organised by the structures in which they are employed.
  


Article 18 is restricted military Priests exercise of rights and freedoms, as follows: a) marriage to a stateless person or having exclusively Romanian citizenship is conditional on obtaining prior approval of the directors of the institutions in which they are employed;
  

b) attending rallies, demonstrations or political meetings, Times-Union is prohibited;
  

c) military priests can move abroad under conditions which shall be determined by order and internal provisions;
  

d) political opinions can be expressed only in out of service, but not in front of the military pastoriti;
  


(e) the establishment of different forms) in association with a professional character, technical-scientific, cultural, recreational and sport-except for those that contravene trades union times unique order, law and order and military discipline, is permitted under the conditions laid down in the regulations;
  

f) permanent military priests cannot work as parish priests until after the cessation of military activity in the clergy.
  


Article 19 (1) for acts of heroism, courage and dedication in the performance of tasks carried out, as well as for the difference in the performance of their duties, the military allowed priests can confer decorations and honorary titles.
  

(2) the activity and meritorious results, priests allowed military confers medals and military orders, and religious line, ranks and awards. Awarded decorations and honorary titles of military priests is made according to the regulations applicable to the military. Through actual work experience in military service means, in the case of priests, the period between the date on which those concerned have acquired this quality, under the present law, and hold them.
  

(3) for the performance of service duties worth the priests soldiers may be granted moral and material rewards, according to military regulations.
  


Article 20 (1) For departures from discipline, failure to comply with their duties or violating the rules of social cohabitation of military priests may apply sanctions.
  

(2) the rules relating to the establishment of sanctions and their enforcement powers will be developed by the Ministry and by the institution, together with those religious groups which belong to the priests, on the basis of military regulations and rânduielilor.
  


Chapter 4 ceasing military priest Article 21 age limits up to which the military can be priests stand out from the functions are similar to those of the military.


Article 22 to cease military Priests have this quality in the following situations: a) after the age and seniority in the service, for the provision of service;
  

b) are employed by military medical expertise in grade I, II or III disability, according to the law;
  

c) when following reorganisation of units and reduction of some functions of the States of the Organization, there are opportunities to be engaged in other units, as well as for other reasons or needs of ministries;
  

d) on request, for duly substantiated reasons;
  

e) resignation;
  

f) when they are sentenced by final judgment, remaining at the jail with its execution;
  

g) when provisions art. 28 of law No. 80/1995;
  

h) in other situations attributable to them, established ministries and institutions, together with those churches to which they belong.
  


Article 23 (1) the decision on the retention of military priests for which had begun criminal proceedings or that are sent towards military courts judgment times take Church courts, after the resolution of the case by the public prosecutor of the military whenever military court or church.
  

(2) In this time frame is to suspend military priests, and those who are under investigation and trial in freedom or release on bail is made available. During the suspension of military priests do not receive any rights from the Ministry of national defense. Those placed at their disposal, shall receive money corresponding to the rights of the degree with which they are to be considered, to a minimum.
  

(3) the priests convicted soldiers, who previously had been suspended from Office, they cease membership in military priest from the date of the suspension.
  

(4) where removal was ordered under the Penal times, payment will be reinstated on the date all rights considered suspension of implementation, respectively.
  

(5) Reinstatement of rights may provide in the event of termination of criminal prosecution or criminal trial.
  


Article 24 (1) military Priests who do not meet the conditions for retirement do not terminate their activity within the institution where they are employed, on time was in temporary incapacity, being admitted in hospitals or sanatoriums times lay in medical leaves.
  

(2) the provisions of paragraphs 1 and 2. (1) does not apply to those who are going to stop the quality of military priest under art. 22 lit. d), e, f)), g) and (h)).
  


Chapter 5 final provisions Article 25 rules on record-keeping, selection, classification and promotion functions and those relating to the appraisal of military priests service shall be determined by the ministries and the institutions within which they operate.


Article 26 military units provide, as far as possible, the means necessary for the construction or arrangement of spaces intended 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 referred to in article 1. 1 (1). (2) will develop the rules of organization and functioning of religious assistance, as well as the States.


Article 28 on the date of entry into force of the present law shall repeal Ordinance No. 106/2000 on the establishment and organization of the clergy, published in the Official Gazette of Romania, part I, no. 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 its meeting on 2 October 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS this law was adopted by the Chamber of deputies at its meeting on 3 October 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, VASILE LUPU — — — — — — — — — — — —