LEGE no. 90 90 of 26 March 2001 (* updated *) on the organization and functioning of the Romanian Government and ministries ((updated until 30 June 2016 *)
ISSUER
PARLIAMENT
---------- + Chapter I Organization and functioning of the + Section 1 Role and functions of Government + Article 1 (1) The government is the public authority of the executive power, which operates on the basis of the vote of confidence granted by the Parliament and which ensures the implementation of the internal and external policy of the country and exercises the general management ... (2) The Government is designed to ensure the balanced functioning and development of the national economic and social system, as well as its connection to the world economic system in the conditions of promoting national interests. ... (3) The Government shall organize and operate in accordance with the constitutional provisions, based on the governing program accepted by the Parliament. ... (4) The appointment of the Government shall be made by the President of Romania on the basis of the vote of confidence granted ... (5) In order to carry out the Government Programme, the Government shall ... a) the strategy function, which ensures the elaboration of the implementation strategy of the Governance Programme; ... b) the regulatory function, which ensures the elaboration of the necessary normative and institutional framework in order to achieve the strategic objectives; ... c) the state property management function, which ensures the administration of public and private property of the state, as well as the management of the services for which the state is responsible; ... d) the function of representation, which ensures, on behalf of the Romanian state, the representation internally and externally; ... e) the position of state authority, which ensures the pursuit and control of the application and enforcement of regulations in the field of defence, public order and national security, as well as in the economic and social fields and functioning institutions and bodies operating under or under the authority of the Government. ... + Section 2 Government component + Article 2 Can be members of the Government persons who have Romanian citizenship and domicile in the country, enjoy the exercise of electoral rights, have not suffered criminal convictions and are not found in one of the cases of incompatibility provided in book I title IV of Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignity, public functions and in the business environment, prevention and sanctioning of corruption, with subsequent amendments and completions. ---------- Article 2 has been amended by section 2. 1 1 of art. I of LAW no. 23 23 of 3 March 2004 , published in MONITORUL OFFICIAL no. 187 187 of 3 March 2004. + Article 3 (1) The government is made up of the Prime Minister and ministers. ... (2) The Government may include: Deputy Prime Ministers, Ministers of State, as well as delegated ministers, with special assignments to the Prime Minister, provided in the Government's list presented to the Parliament for granting the vote of confidence. ... ---------- Alin. ((2) of art. 3 3 has been amended by section 31 31 of art. I of LAW no. 71 71 of 28 March 2013 , published in MONITORUL OFFICIAL no. 171 171 of 29 March 2013 amending section X al art. 33, Cap. II of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 884 of 22 December 2012. ((3) Abrogat. ... ---------- Alin. ((3) of art. 3 3 has been repealed by section 6.6. 2 2 of art. 34, Cap. II of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 884 of 22 December 2012. ((4) Abrogat. ... ---------- Alin. ((4) of art. 3 3 has been repealed by section 6.6. 1 1 of art. I of LAW no. 132 132 of 18 July 2012 , published in MONITORUL OFFICIAL no. 498 498 of 19 July 2012, which supplements art. VI of EMERGENCY ORDINANCE no. 16 16 of 8 May 2012 , published in MONITORUL OFFICIAL no. 314 314 of 10 May 2012, with point 2. (5) The Deputy Prime Minister is assisted in his work by one or more state councillors, appointed, respectively relieved from office by decision of the Prime Minister, on the proposal of the Deputy Prime Minister. ... ---------- Alin. ((5) of art. 3 3 has been introduced by section 2 2 of art. 24 of EMERGENCY ORDINANCE no. 221 221 of 23 December 2008 , published in MONITORUL OFFICIAL no. 882 882 of 24 December 2008. ((6) Abrogat. ... ---------- Alin. ((6) of art. 3 3 has been repealed by section 6.6. 1 1 of art. I of LAW no. 132 132 of 18 July 2012 , published in MONITORUL OFFICIAL no. 498 498 of 19 July 2012, which supplements art. VI of EMERGENCY ORDINANCE no. 16 16 of 8 May 2012 , published in MONITORUL OFFICIAL no. 314 314 of 10 May 2012, with point 2. + Article 4 ((1) Abrogat. ... ---------- Alin. ((1) of art. 4 4 has been repealed by art. 117, Cap. VII, Title IV, Book I of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. (2) The finding of incompatibility is made by the Prime Minister, who will order the necessary measures to end it. ... + Article 5 The position of member of the Government ceases following the resignation, revocation, loss of electoral rights, state of incompatibility, death and dismissal under the conditions provided in art. 8 8 para. ((2). + Article 6 The resignation from the position of member of the Government is announced publicly, it is presented in writing to the Prime Minister and becomes irrevocable from the moment it was taken note of its submission, but no later than 15 days from the date of submission. + Article 7 (1) Revocation from the position of member of the Government is made by the President of Romania, by decree, at the proposal of the Prime Minister. ... ((2) Revocation takes place in case of governmental reshuffle. ... + Article 8 (1) If the termination of the membership of the Government intervenes as a result of resignation, loss of electoral rights, incompatibility, death and other situations provided by law, the President of Romania, on the proposal The Prime Minister, takes note of this and declares the vacant position of member of the Government. ... (2) If a member of the Government has been criminally convicted by a final court ruling or his estate has been declared, in whole or in part, to be illicitly acquired, by an irrevocable injunction, he is dismissed by the President of Romania, on the proposal of the Prime Minister. ... + Article 9 (1) If the Prime Minister is in one of the situations referred to in art. 5 or is unable to exercise his duties, the President of Romania will designate another member of the Government as interim prime minister, in order to fulfill the duties of the Prime Minister, until the formation of the new Government. The interim during the impossibility of exercising his duties, ceases if the Prime Minister resumes his activity in the Government in no more than 45 days. ... (2) Provisions of para. (1) shall apply accordingly to the other members of the Government, at the proposal of the Prime Minister, for a period of no more than 45 days. ... (3) In the situations provided in par. (2), within the 45-day period, the Prime Minister will initiate the procedures provided by law for the appointment of another member of the Government. ... + Article 10 The appointment as a member of the Government, in case of governmental reshuffle or holiday of the post, is made by the President of Romania, at the proposal of the Prime Minister. + Section 3 Government tasks + Article 11 In carrying out its functions the Government performs the following main tasks a) exercise the general management of public administration; ... b) initiates bills and submits them for adoption to Parliament; ... b ^ 1) issues views on legislative proposals, initiated in compliance with the Constitution, and sends them to Parliament, within 60 days from the date of the request. Failure to comply with this term amounts to the default support of the initiator ---------- Lit. b ^ 1) of art. 11 11 was introduced by section 4.2. 1 1 of art. unique from LAW no. 250 250 of 22 June 2006 , published in MONITORUL OFFICIAL no. 554 554 of 27 June 2006. c) issue decisions for the organization of the execution of laws, ordinances under a special law of empowerment and emergency ordinances according to the Constitution; ... d) ensure the execution by the public administration authorities of the laws and other normative provisions given in their application; ... e) elaborates the draft laws of the state budget and the state social insurance budget and submits them for adoption to the Parliament; ... f) approves the country's economic development strategies and programs, branches and fields of activity; ... g) ensure the realization of social policy according to the governing program; ... h) ensures the defense of the law order, the public peace and safety of the citizen, as well as the rights and freedoms of citizens, under the conditions provided by law; ... i) bring to fruition the measures adopted, according to the law, for the defense of the country, the purpose of organizing and equipping the ... j) ensure the achievement of the country's foreign policy and, in this framework, Romania's integration into European and international structures; ... k) negotiate treaties, agreements and international conventions that engage the Romanian state; negotiate and conclude, under the law, conventions and other international agreements at governmental level; ... l) drive and control the activity of ministries and other central specialized bodies subordinated to it; ... m) ensures the administration of public and private property of the state ... n) repealed; ... ---------- Lit. n) of art. 11 11 has been repealed by art. IV of EMERGENCY ORDINANCE no. 87 87 of 5 September 2007 , published in MONITORUL OFFICIAL no. 634 634 of 14 September 2007. o) establish, with the opinion of the Court of Auditors, specialized bodies subordinated to it; ... p) cooperate with the social bodies concerned in carrying out its tasks; ... r) performs any other duties provided by law or arising from the role and functions of the Government. ... + Article 12 (1) In order to solve problems within its competence the Government may constitute advisory bodies. ... (2) For the purpose of elaboration, integration, correlation and policy monitoring the Government may constitute inter-ministerial councils, commissions and committees. ... (3) The organization and functioning of the structures provided in par. (1) and (2) and their services shall be determined by Government decision, within the approved budget. ... + Section 4 Prime Minister + Article 13 The Prime Minister leads the Government and coordinates the activity of its members, in compliance with their legal duties. The Prime Minister represents the Government in its relations with the Parliament, the President of Romania, the Supreme Court of Justice, the Constitutional Court, the Court of Auditors, the Legislative Council, the Public Ministry, the other public authorities and institutions, political parties and alliances, trade unions, other non-governmental organisations, as well as international relations. + Article 14 The Prime Minister is the deputy chairman of the Supreme Council of National Defence and exercises all the duties deriving from this quality. + Article 15 The Prime Minister appoints and releases from office: a) the heads of specialized bodies subordinated to the Government, except for persons who have the status of member of the Government, according to art. 3 3 para. ((1); ... b) Secretary General and Deputy Secretaries-General of the Government, in case of use of these functions; ... c) state secretaries and state counselors within the working apparatus of the Government; ... ---------- Lit. c) of art. 15 15 has been amended by art. 2 of EMERGENCY ORDINANCE no. 24 24 of 18 March 2009 , published in MONITORUL OFFICIAL no. 176 176 of 20 March 2009. d) state secretaries and state subsecretaries; ... ---------- Lit. d) of art. 15 15 has been amended by section 4.2 31 31 of art. I of LAW no. 71 71 of 28 March 2013 , published in MONITORUL OFFICIAL no. 171 171 of 29 March 2013 supplementing the section X al art. 33, Cap. II of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 884 of 22 December 2012, with lit. b). e) other persons who perform public functions, in the cases provided by law. ... + Article 16 (1) The Prime Minister shall present to the Chamber of Deputies and to the Senate reports and statements on the Government's policy and shall answer questions or queries addressed to him by the deputies or senators. ... (2) The Prime Minister may designate a member of the Government to answer questions and queries addressed to the Government by deputies or senators, depending on the field of activity forming the object of the interpellation. ... + Article 17 The Prime Minister countersigns the decrees issued by the President of Romania, if the Constitution provides for the obligation of their resignation. + Article 18 (1) In order to solve some operative problems, the Prime Minister may, by decision, constitute councils, commissions and inter-ministerial committees. ... (2) The Prime Minister shall perform any other duties provided for in the Constitution and by law or arising from the role and functions of the Government. ... + Article 19 (1) In the performance of his duties, the Prime Minister shall issue decisions, under the law. ... (2) The decisions of the Prime Minister shall be published in the Official Gazette of Romania, Part I. ... ---------- Alin. ((2) of art. 19 19 was introduced by art. unique from LAW no. 117 117 of 5 May 2005 , published in MONITORUL OFFICIAL no. 389 389 of 9 May 2005. + Section 5-a Organization of the Government's work apparatus + Article 20 The Government's working apparatus is made up of the General Secretariat of the Government, the Prime Minister's Chancellery, departments and other such organizational structures with specific tasks established by Government decision. ---------- Article 20 has been amended by point 1 1 of art. I of LAW no. 132 132 of 18 July 2012 , published in MONITORUL OFFICIAL no. 498 498 of 19 July 2012, which supplements art. VI of EMERGENCY ORDINANCE no. 16 16 of 8 May 2012 , published in MONITORUL OFFICIAL no. 314 314 of 10 May 2012, with point 3. + Article 21 (1) The Prime Minister's Chancellery is the structure without legal personality, subordinated to the Prime Minister, financed by the budget of the General Secretariat of the Government, headed by the head of the Prime Minister's Chancellery, member of the ... (2) Within the Chancellery of the Prime Minister, state secretaries and state counselors, as well as a cabinet director, with the rank of secretary of state, appointed, respectively relieved of office by decision of the Prime Minister. Their number is established by Government decision. ... (3) Within the Chancellery of the Prime Minister operates the independent Scientific Council, advisory body that issues proposals and opinions on studies and reports elaborated in areas of strategic importance. ... (4) The Prime Minister's Chancellery has the following main tasks: ... a) coordinate at the interinstitutional level the process of formulation and implementation of strategies and public policies in an integrated way and in agreement with the governing program; ... b) contribute, in the field of government strategies, to the formulation of prior public policy options and to the substantiation of strategies and directions of action at governmental level; ... c) ensure, in the field of interinstitutional coordination and public policies, the coordination of the elaboration and implementation of government policies, including through normative acts, with a focus on coherence and inter-ministerial cooperation, integrated and in agreement with the governing programme; ... d) maintain, in the field of representation, links with foreign embassies in Romania and with the international bodies represented in the country, in order to inform them, together with the Ministry of Foreign Affairs, on the issues concerning the Government activity; ... e) ensure and coordinate, in the field of communication and in that of relations with the press, the integrated and unitary production of the governmental public message; coordinate the work of the spokesmen in ministries in terms of communication government priorities; ... f) coordinate the field of information technology across the central public administration; ... g) coordinate the implementation and implementation of the Partnership for Open Government, together with the Ministry for Public Consultation and Civic Dialogue; ... h) initiates, together with the General Secretariat of the Government, or endorses, as the case may be, draft normative acts in its field of activity. ... (5) The detailed tasks, organization, operation, organizational structure and maximum number of posts of the Prime Minister's Chancellery are approved by Government decision. ... ---------- Article 21 has been amended by the subsection. 1 1 of section III, art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. + Article 22 (1) The Government has a General Secretariat led by the Secretary-General of the Government, who may have the rank of minister, aided by one or more deputy secretaries-general, who may have the rank of secretary of state, appointed by decision of the Prime Minister. ... (2) The General Secretariat is part of the Government's working apparatus and ensures the development of technical operations related to the acts of governance, the resolution of organizational, legal, economic and technical problems of the Government's activity, as well as representation of the Government before the courts. ... (3) The organization and duties of the General Secretariat of the Government shall be established by Government decision. ... (4) The Government approves the draft budget, which is included in the state budget. The Secretary General of the Government is the main authorising officer for the Government working apparatus. The General Secretariat of the Government has the right of legislative initiative on the areas under its powers and of the public authorities and institutions subordinated to the Government. ... ---------- Alin. ((4) of art. 22 22 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 17 17 of 4 March 2009 , published in MONITORUL OFFICIAL no. 145 145 of 9 March 2009. (5) The General Secretariat of the Government shall ensure, through its own apparatus, the continuity of the technical operations related to the acts of governance, constituting the connecting and stability element of the government. ... + Article 23 (1) The Department is an organizational structure without legal personality and without subordinate units, subordinated to the Prime Minister, having the role of coordination and synthesis in areas of general interest, in accordance with the powers of the Government. ... (2) The department is headed by a dignitary. ... (3) In the exercise of his duties, the head of the department shall issue an individual order ... (4) Establishment, organization and functioning, as well as the powers of the department shall be approved by Government decision. ... + Section 6 Government functioning + Article 24 (1) The meetings of the Government shall be convened and shall be led by the Prime Minister. ... (2) The President of Romania may take part in the meetings of the Government in which issues of national interest on foreign policy, defense of the country, ensuring public order and, at the request of the Prime Minister, are debated in other situations. ... (3) The President of Romania presides over the meetings of the Government ... + Article 25 (1) The government meets weekly or whenever needed. ... (2) During the Government's meetings, problems of the internal and external policy of the country are debated, as well as aspects regarding the general management of the public administration, adopting the appropriate measures. ... (3) At the meetings of the Government may participate, as guests, leaders of specialized bodies subordinated to the Government or ministries or autonomous administrative authorities, as well as any other persons whose presence is appreciate being useful, at the request of the Prime Minister. ... (4) The debates in the Government's meetings and the way of adopting its acts, as well as any other established measures shall be recorded on the magnetic tape and shall be recorded in writing in the transcript of the meeting, certified by the Minister Delegate for coordination of the General Secretariat of the Government and kept, according to the law, within the General Secretariat of the Government. ... ---------- Alin. ((4) of art. 25 25 has been amended by art. 15 of EMERGENCY ORDINANCE no. 17 17 of 9 March 2005 , published in MONITORUL OFFICIAL no. 229 229 of 18 March 2005. + Article 26 (1) In the exercise of his duties the Government shall adopt judgments and Decisions are issued to organize the execution of laws. Ordinances are issued under a special enabling law or, in exceptional cases, emergency ordinances, according to art. 114 114 para. (4) of the Constitution. ... (2) The members of the Government may propose draft decisions and ordinances; they may also propose to the Government draft laws, in order to exercise the right of its legislative initiative. The methodology for the elaboration and submission to the Government of these draft normative acts is approved by Government decision. ... (3) In case of termination of the mandate or, under the conditions provided by the Constitution, until the taking of the oath by the members of the new Government, the Government shall continue to fulfill only the individual or normative acts necessary for administration of public affairs, without promoting new policies. During this period the Government cannot issue ordinances and cannot initiate bills. ... ---------- Alin. ((3) art. 26 returned to the previous form EMERGENCY ORDINANCE no. 76 76 of 12 July 2005 , published in MONITORUL OFFICIAL no. 618 618 of 15 July 2005, by rejecting this normative act by LAW no. 250 250 of 9 August 2005 , published in MONITORUL OFFICIAL no. 734 734 of 12 August 2005. (4) By way of derogation from the provisions of paragraph (3), in extraordinary situations whose regulation cannot be postponed, the Government may initiate bills for the ratification of international treaties, state budget bills and the state social insurance budget, as well as the tax liability bill. ... ---------- Alin. ((4) of art. 26 26 was introduced by art. unique from LAW no. 376 376 of 3 December 2009 , published in MONITORUL OFFICIAL no. 835 835 of 3 December 2009. + Article 27 (1) The Government shall adopt judgments and orders in the presence of the majority of Decisions and orders shall be adopted by consensus. If the consensus is not achieved, the Prime Minister decides. ... (2) Provisions of para. (1) shall also apply to documents and other measures debated in the Government. ... (3) The decisions and ordinances of the Government shall be signed by the Prime Minister, shall be countersigned by the ministers who have the obligation to implement them and shall be published in the Official Gazette of Romania, Part I. Ordinance. Decisions that have a military character shall be communicated only to interested institutions. ... + Article 28 (1) In carrying out his office of general management of public administration the Government exercises hierarchical control over ministries, specialized bodies subordinated to him, as well as prefects. ... (2) In the exercise of hierarchical control the Government has the right to cancel the illegal or untimely administrative acts issued by the public administration authorities subordinated to it, as well as the prefects. ... + Article 29 The government is in collaboration with the autonomous administrative authorities. + Article 30 (1) The government shall appoint a prefect in each county and in Bucharest. ... (2) The Prefect is the representative of the Government locally. In this capacity the prefect responds to the application of the Government's policy in the administrative-territorial units, having the obligation to ensure the execution of the Government's acts, as well as those of the ministries and other specialized bodies subordinate to the Government or ministries. ... (3) The Prefect leads the decentralized public services of the ministries and other central bodies of the administrative-territorial units and exercises control over the legality of the administrative acts of the local council, the mayor, the county council and county council president. ... + Article 31 The government only responds politically to Parliament for its entire activity. Each member of the Government responds politically jointly with the other members for the work of the Government and for its acts. + Article 32 The criminal liability of the members of the Government is regulated by a law on ministerial responsibility. + Article 33 (1) The Government organizes, through the Autonomous Regia "Administration of the State Protocol Heritage" and by the Autonomous Regia "Locato", the administration of public and private property of the state, intended for representation and protocol actions of Chamber of Deputies, Senate, President of Romania and Government. ... (2) The General Secretariat of the Government shall perform the duties of the relevant ministry to the Autonomous Regia "Administration of the State Protocol Heritage" and to the Autonomous Regia "Monitorul Oficial". ... ---------- Alin. ((2) of art. 33 33 has been modified by the subsection. 2 2 of section III, art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. (3) The General Secretariat of the Government may be given in coordination or passed into subordinate specialized organs of the central public administration, with the exception of ministries. ... (4) The normative expenses for the Government's protocol actions shall be approved by its decision. ... + Chapter II Organisation and functioning of ministries + Section 1 General provisions + Article 34 Ministries are specialized bodies of the central public administration that carry out government policy in their fields of activity. + Article 35 (1) The ministries shall be organized and operated only under the Government, according to the provisions of the Constitution and this Law ... (2) Ministries or other specialized bodies organized under the Government are headed by ministers, following the granting of the vote of confidence by the Parliament. ... (3) The ministers are responsible for the entire activity of the ministry before the Government, as well as, as members of the Government, before the Parliament. ... + Article 36 The ministries and ministers are approved by the Parliament, by giving the vote of confidence on the Government Programme and the entire list of the Government, at the investiture. + Article 37 (1) The prime minister may ask the Parliament to modify the structure of the Government by setting up, abolishing or, as the case may be, dividing or merging some ministries. In such situations the provisions of art. 36 36 shall apply accordingly. ... (2) The Prime Minister may request Parliament that some of the ministers also have the status of Minister of State for coordinating the work of some ministries. The ministries that are in the coordination of every minister of state are established by the Prime Minister. ... ---------- Alin. ((2) of art. 37 37 has been introduced by section 7 7 of art. I of LAW no. 23 23 of 3 March 2004 , published in MONITORUL OFFICIAL no. 187 187 of 3 March 2004. + Article 38 In case of governmental reshuffle or holiday of office the President of Romania, on the proposal of the Prime Minister, revokes and appoints ministers, in compliance with the provisions of art. 7-10. + Article 39 The ministries have legal personality and are based in Bucharest. + Section 2 Organisation of ministries + Article 40 (1) The role, functions, duties, organizational structure and number of posts of ministries shall be established in relation to the importance, volume, complexity and specificity of the activity carried out and shall be approved by Government decision. ... (2) In each ministry will be organized the minister's office, with its own staff, to which the provisions of the law on the status of the civil servant do not ... + Article 41 (1) Depending on the nature of the duties some ministries may have in their field of activity compartments abroad, established by Government decision. ... (2) The establishment, abolition or change of the rank of diplomatic missions and consular offices is approved by the President of Romania, at the proposal of the Government. ... + Article 42 The ministries may establish in their subordinate bodies, with the opinion of the Court of Auditors. + Article 43 Ministries can have public services subordinated to them, which operate in administrative-territorial units. + Article 44 (1) Establishment or abolition of decentralized public services of ministries and other central bodies of administrative-territorial units, object of activity, organizational structure, number and classification of personnel, the criteria for the establishment of the compartments and their management functions are approved by order of the Minister, respectively of the head of the specialized body under which these services or bodies operate. ... (2) The minister appoints and issues the heads of the specialized bodies subordinated to the ministry. ... (3) The leaders of the decentralized public services shall be appointed and issued by the minister, with the advisory opinion of the prefect. ... + Article 45 The duties of the ministries ' compartments are established by the Ministry's organization and functioning regulation, approved by order of the Minister. + Section 3 Leadership of ministries + Article 46 (1) The management of ministries shall be exercised by ministers. ... (2) The minister represents the ministry in relations with the other public authorities, with legal and physical persons in the country and abroad, as well as in justice. ... (3) In the exercise of his duties the minister issues orders and instructions, under the law. ... + Article 47 (1) In the management activity of the ministry the minister is helped by one or more secretaries of state, according to the decision of the Government of organization and functioning of the ministry. ... (2) Within the ministries, public institutions and other specialized bodies of the central public administration can also be used the position of state undersecretary, according to the Government's decision on their organization and functioning. ... ---------- Alin. ((2) of art. 47 47 was introduced by lit. b) 4 4 of art. 23 of EMERGENCY ORDINANCE no. 64 64 of 28 June 2003 , published in MONITORUL OFFICIAL no. 464 464 of 29 June 2003. + Article 48 The Secretaries of State shall exercise delegated powers by the Minister. + Article 49 (1) The secretary-general of the ministry is a public career official, appointed by competition or examination, on the basis of professionalism. It ensures the stability of the ministry's functioning, continuity of management and the realization of functional links ... (2) The main duties and responsibilities of the Secretary-General shall be ... a) coordinate the proper functioning of the functional compartments and activities within the ministry and ensure the operative connection between the minister and the heads of all departments in the ministry and subordinate units; ... b) collaborate with the specialized compartments within the General Secretariat of the Government, with the general secretaries of the other ministries, as well as with the secretaries of the counties and the directors-general of the prefecture, in matters of common interest; ... c) receives and transmits to the ministries the draft normative acts initiated by the ministry and ensures the approval of the normative acts received from other initiators; ... d) transmit to the General Secretariat of the Government the draft normative acts initiated by the Ministry, to be discussed at the Government meeting; ... e) follow and ensure the completion of normative acts approved by the Government, which were initiated by the Ministry; ... f) monitor and control the elaboration of periodic reports, provided by the regulations in force; ... g) coordinates the entire staff of the ministry, the work of personnel policy development and the guiding principles for personnel management within the compartments. ... (3) The Secretary-General of the Ministry may also perform other tasks provided by the regulation of organization and functioning of the ministry or entrusted by the minister. ... + Article 50 (1) In carrying out the duties assigned to him the Secretary-General may be assisted by one or two deputies. ... (2) Deputy secretaries-general are career civil servants, appointed by competition or examination. ... + Article 51 If the Minister, for various reasons, cannot exercise his current duties, he will designate the Secretary of State who exercises these duties, notifying the Prime Minister about it. + Article 52 (1) In addition to the minister works, as an advisory body, the ministry's college ... (2) The composition and functioning regulation of the ministry's college shall be approved by order of the Minister. ... (3) The ministry's college meets, at the request and under the minister's presidency, for the debate on some issues regarding the ministry's ... + Section 4 General duties of ministers + Article 53 ((. Ministers shall perform the following general duties in their field of activity: ... a) organize, coordinate and control the application of the laws, ordinances and decisions of the Government, orders and instructions issued according to the law, in compliance with the limits of authority and the principle of local autonomy of public institutions and economic agents; ... b) elaborates and endorses draft laws, ordinances, decisions of the Government, under the conditions established by the methodology approved by the Government; ... ---------- Lit. b) a par. ((1) of art. 53 53 has been amended by section 4.2 2 2 of art. unique from LAW no. 250 250 of 22 June 2006 , published in MONITORUL OFFICIAL no. 554 554 of 27 June 2006. c) acts for the implementation of the Ministry's own strategy, integrated to the Government's economic and social development; ... d) substantiate and develop proposals for the annual budget, which they submit to the Government; ... e) aim to design and make investments in the ministry system, based on the approved budget; ... f) represents the interests of the state in different international bodies and bodies, in accordance with the agreements and conventions to which Romania is a party and with other agreements established for this purpose, and develops relations of collaboration with organs and similar organizations in other states and with international organizations that are interested in their field of activity; ... g) initiates and negotiates, from the empowerment of the President of Romania or of the Government, under the law, the conclusion of conventions, agreements and other international agreements or propose the preparation of forms of accession to existing ones; ... h) follow and control the application of international conventions and agreements to which Romania is a party and take measures to achieve the conditions for integration into European structures or other international bodies; ... i) coordinates and aims to develop and implement policies and strategies in the fields of activity of the Ministry, according to the general strategy of the Government; ... j) endorse, under the law, the establishment of non-governmental bodies and cooperate with them in achieving the purpose for which they were created; ... k) collaborate with specialized institutions to train and improve the professional training of the personnel in their system; ... l) approve, as the case may be, the publishing of specialized publications and information. ... ((2) Ministers shall perform in their field of activity and other specific tasks established by normative acts. ... ((3) Ministers shall perform their duties using their own apparatus of ministries, as well as institutions in the subordination, coordination or authority of ministries. ... (4) The state ministers coordinate, under the direct leadership of the Prime Minister, the implementation of the governing program accepted by the Parliament in an area of activity, a purpose in which they work with the ministers responsible for fulfilling this program within the ministries I run. ... ---------- Alin. ((4) of art. 53 53 has been introduced by section 8 8 of art. I of LAW no. 23 23 of 3 March 2004 , published in MONITORUL OFFICIAL no. 187 187 of 3 March 2004. + Article 54 The minister heads the ministry's own apparatus, established by Government decision, appoints and releases his staff from office. + Article 55 (1) The states of functions of ministries shall be approved by ministers, within the limits of the number of posts approved by Government decision. ... (2) The Government may approve subsequent amendments in the structure of ministries, specialized bodies, decentralized public services and institutions subordinated to them only within budget allocations. ... + Article 56 The government can order by decision changes in the organization and functioning of ministries, as well as the transfer of some activities from one ministry to another or to specialized bodies subordinated to the Government. + Chapter III Final provisions + Article 57 The staff in the Government working apparatus, from the own apparatus of the ministries and other specialized central bodies, which has the status of civil servant, enjoy all the rights and obligations provided in the law on public servant status. + Article 58 The salary of the staff in the working apparatus of the Government and the own apparatus of the ministries is made according to the law. + Article 59 The organization and functioning of ministries on national defense and public order are regulated by special laws. + Article 60 The provisions of this law, regulating the organization and functioning of the Government and ministries, shall also apply accordingly to the other central specialized bodies subordinated to the Government, except for institutions of interest public whose organization and functioning are regulated by special laws. + Article 61 On the date of entry into force of this Law, the Law no. 37/1990 for the organization and functioning of the Government, published in the Official Gazette of Romania, Part I, no 137 137 of 8 December 1990, as amended, and any other provisions to the contrary. This law was adopted by the Senate at its meeting on February 26, 2001, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, VALENTIN ZOLTAN PUSKAS This law was adopted by the Chamber of Deputies at its meeting on March 1, 2001, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU ------
