Law No. 90 Of 26 March 2001 On The Organisation And Functioning Of The Romanian Government And Ministries

Original Language Title:  LEGE nr. 90 din 26 martie 2001 privind organizarea şi funcţionarea Guvernului României şi a ministerelor

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Law No. 90 of 26 March 2001 (* updated *) on the Organization and functioning of the Romanian Government and ministries (updated up to June 30, 2016 *) ISSUER-PARLIAMENT-chapter I-Organization and functioning of the Government of the section 1 the role and functions of Government in article 1 (1) the Government is the executive power of public authority, which operates on the basis of the vote of confidence granted by the Parliament and that ensures the realization of the internal and external policy of the country and exercises the General management of public administration.
  

(2) the Government's role is to ensure the functioning of the national system and the development of balanced economic and social, as well as its connection to the world economic system under the terms of the promotion of national interests.
  

(3) the Government shall be organized and function in accordance with constitutional provisions, based on government program supported by Parliament.
  

(4) notice of the appointment shall be made by the President of the Government of Romania on the basis of the vote of confidence granted by the Parliament to the Government.
  

(5) for the implementation of the programme of Government the Government performs the following functions: a) the function of strategy, ensuring the elaboration of the strategy for implementing the e-Government Programme;
  

b) regulatory function, ensuring the elaboration of normative and institutional framework necessary to achieve strategic objectives;
  

c) property management function of the State, to ensure the management of public and private property of the State, as well as the management of the services for which the State is responsible;
  

d) function representation, ensuring, on behalf of the Romanian Government, representation of internally and externally;
  

e) function of the State authority, which shall ensure the monitoring and control of implementation and compliance with the rules in the field of defence, public order and national security, as well as in economic and social spheres and the officials of the institutions and bodies that operate under the control of, or under the authority of the Government.
  


Section 2 article 2 composition of the Government may be members of the Government people who are Romanian citizenship and domicile in the country, enjoy the exercise of electoral rights, have not undergone criminal convictions and are not found in one of the cases of incompatibility laid down in book I, title IV of law No. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, and public functions in the business environment, the prevention and sanctioning of corruption, with subsequent amendments and additions.
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Art. 2 was amended by section 1 of article. 1 of law No. 23 of March 3, 2004, published in Official Gazette No. 187 of 3 March 2004.


Article 3 (1) the Government consists of the Prime Minister and Ministers.
  

(2) the Government disqualified: Deputy Prime Ministers, Ministers of State, Ministers and delegates with special tasks in addition to the Prime Minister, in the Government list presented to Parliament for granting a vote of confidence.
  

— — — — — — — — —-. (2) of article 9. 3 was amended by the pct, article 31. 1 of law No. 71 from 28 March 2013, published in MONITORUL OFICIAL nr. 171 of 29 March 2013 which amends point X of article. 33, chap. The EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012.

(3) Repealed.
  

— — — — — — — — —-. (3) art. 3 has been repealed by section 2 of art. 34, Cap. The EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012.

(4) Repealed.
  

— — — — — — — — —-. (4) article. 3 it was repealed by section 1 of article. 1 of law No. 132 of 18 July 2012, published in MONITORUL OFICIAL nr. 498 of 19 July 2012, which complements art. Vi of the EMERGENCY ORDINANCE nr. 16 of 8 may 2012, published in MONITORUL OFICIAL nr. 314 dated 10 may 2012, with point 2.

(5) the Deputy Minister is assisted in its work by one or more Councillors of State, appointed respectively dismissed by decision of the Prime Minister, upon proposal of the Prime Minister.
  

— — — — — — — — —-. (5) article. 3 was introduced by section 2 of art. 24 of the EMERGENCY ORDINANCE nr. 221 of 23 December 2008, published in MONITORUL OFICIAL nr. 882 of 24 December 2008.

(6) Repealed.
  

— — — — — — — — —-. (6) article. 3 it was repealed by section 1 of article. 1 of law No. 132 of 18 July 2012, published in MONITORUL OFICIAL nr. 498 of 19 July 2012, which complements art. Vi of the EMERGENCY ORDINANCE nr. 16 of 8 may 2012, published in MONITORUL OFICIAL nr. 314 dated 10 may 2012, with point 2.


Article 4 (1) Repealed.
  

— — — — — — — — —-. (1) of article 1. 4 was repealed by article. 117, Cap. VII, title IV, Book I of law No. 161 of 19 April 2003, published in Official Gazette No. 279 of 21 April 2003.

(2) the finding of a State of incompatibility is made by the Prime Minister, who will have the necessary measures to terminate it.
  


Article 5 membership of the Government shall cease on resignation, disenfranchisement, loss of electoral rights of incompatibility, death and the dismissal in accordance with art. 8 para. (2). Article 6 would resign his membership of the Government shall announce the public, shall be submitted in writing to the Prime Minister and becomes irrevocable from the moment they were taking note of her deposition but not later than 15 days after the date of deposit.


Article 7 (1) the revocation of the Member of the Government shall be made by the President of Romania, by Decree, on a proposal from the Prime Minister.
  

(2) the revocation takes place in case of governmental reshuffling.
  


Article 8 (1) where the termination of the membership of the Government is involved as a result of resignation, loss of rights, the incompatibility, death, and in other cases provided by law, the President of Romania, at the recommendation of the Prime Minister, take note of this and declared vacant the Office of Member of the Government.
  

(2) where a member of the Government was criminal convicted by a final judgment or his estate was declared, in whole or in part, as acquired in unlawful, by a final judgment, he is dismissed by the President of Romania, at the recommendation of the Prime Minister.
  


Article 9 (1) if the Prime Minister is in one of the situations referred to in article 1. five or is unable to exercise his powers, the President of Romania shall designate another Government member as interim Prime Minister, to carry out the duties of the Prime Minister until the formation of a new Government. In the interim period the impossibility of executing his duties, shall cease if the Prime Minister resumes activity in Government within 45 days.
  

(2) the provisions of paragraphs 1 and 2. (1) shall apply accordingly to the other members of the Government upon the proposal of the Prime Minister, for a period not exceeding 45 days.
  

(3) in the cases referred to in paragraph 1. (2) the term of the inside of 45 days, the Prime Minister will initiate the procedures provided for by law, for the appointment of another Member of the Government.
  


Article 10 appointment of Member of the Government, in the case of governmental reshuffling or of fasting, is made by the President of Romania, at the recommendation of the Prime Minister.


Section 3 of article 11 of the Government's Powers in carrying out its functions the Government fulfils the following main tasks: to exercise the General management of the) public administration;
  

b) initiates projects and submit them to Parliament for adoption;
  

b ^ 1) deliver views of legislative proposals, initiated in compliance with the Constitution, and shall forward them to the Parliament within 60 days from the date of the request. Failure to comply with this term is tantamount to supporting the default initiator;
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Lit. b ^ 1) article. 11 was introduced by section 1 of article. in accordance with law No. 250 of 22 June 2006, published in MONITORUL OFICIAL nr. 554 of 27 June 2006.

c) deliver judgment for organizing the execution of laws, decrees in accordance with a special law enabling and Emergency Ordinance under the Constitution;
  

d the execution) provides public administration laws and other normative provisions given in their application;
  

e) shall draw up the draft law on the State budget and State social insurance budget and submit them to the Parliament for adoption;
  

f) approves the strategies and programmes of the country's economic development, by sectors and fields of activity;
  

g) arrange social policy according to the Governing Programme;
  

h) ensures the defence of the rule of law, public safety and the peace of citizens and the rights and freedoms of citizens, as provided by law;
  

I bring it to fruition) measures taken under the law for the protection of the country in which the armed forces, organize and arm;
  

j) arrange for the foreign policy of the country and, in this context, Romania's integration into European and international structures;
  

k) negotiate treaties, agreements and international conventions binding the Romanian State; negotiated and concluded, in accordance with the law, conventions and other international agreements at the governmental level;
  

It directs and controls) of the ministries and other central organs in its subordination;
  

m) ensures the management of public and private property of the State;
  

n) repealed;
  

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Lit. n) of art. 11 has been repealed by article 16. IV of the EMERGENCY ORDINANCE nr. 87 of 5 September 2007, published in MONITORUL OFICIAL nr. 634 from September 14, 2007.

set up with an opinion) the Court of Auditors, the specialized agencies under his control;
  


p) cooperate with interested social bodies in carrying out its duties;
  

r) meets any other duties provided by law or arising out of the role and functions of Government.
  


Article 12 (1) For solving problems within its competence may be Government advisory bodies.
  

(2) for the purposes of development, integration, correlation and monitoring of Government policies may constitute committees and councils, inter-ministerial committees.
  

(3) the Organization and operation of the structures referred to in paragraph 1. (1) and (2) and their services is established by the decision of the Government, within the limits of the approved budget.
  


Section 4 of article 13, Prime Minister Prime Minister leads the Government and coordinates the activity of its members, while respecting the 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, other authorities and public institutions, political parties, trade unions and alliances with other non-governmental organizations, as well as in international relations.


Article 14 the Prime Minister is the Deputy Chairman of the Supreme Council of national defence and shall exercise all the powers deriving from this quality.


Article 15 the Prime Minister appoints and releases from Office: a) the leaders of the organs of Government, except for persons who have membership of the Government, in accordance with art. 3 paragraphs 1 and 2. (1);
  

b) general Secretary and Deputy Secretaries of the Government, the use of these functions;
  

c) State Secretaries and counsellors of State in the work of the Government apparatus;
  

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Lit. c) art. 15 amended by art. 2 of EMERGENCY ORDINANCE No. 24 of March 18, 2009, published in MONITORUL OFICIAL nr. 176 of 20 March 2009.

d) Secretaries of State and State subsecretarii;
  

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Lit. d) art. 15 has been amended item 31 of article. 1 of law No. 71 from 28 March 2013, published in MONITORUL OFICIAL nr. 171 of 29 March 2013 which complements the point X of article. 33, chap. The EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, with (a). b)) other persons who fulfil public functions, in cases stipulated by law.
  


Article 16 (1) the Prime Minister shall submit to the Chamber of Deputies and Senate reports and statements relating to Government policy and answer questions of the times the requests addressed by MPs or senators.
  

(2) the Prime Minister may appoint a member of the Government to respond to questions and requests addressed to the Government by the deputies or senators, depending on the scope of activity that forms the subject of the request.
  


Article 17 Prime Minister countersigns the decrees issued by the President of Romania, where the Constitution requires their counter-signing.


Article 18 (1) for the purpose of resolving certain operational issues the Prime Minister may be avoided, councils, commissions and inter-ministerial committees.
  

(2) the Prime Minister meets any other powers provided for in the Constitution and by law or arising out of the role and functions of Government.
  


Article 19 (1) in carrying out the duties of the incumbent Prime Minister to issue decisions in accordance with the law.
  

(2) the Prime Minister's Decisions shall be published in the Official Gazette of Romania, part i. the failure to attract no decisions.
  

— — — — — — — — —-. (2) of article 9. 19 was introduced by art. in accordance with law No. 117 of 5 May 2005, published in Official Gazette No. 389 of 9 May 2005.


Section 5 Organization of the work of the Government, Article 20 of the working Device of the Government is composed of the General Secretariat of the Government, the Prime Minister's Chancellery, the departments and other organizational structures with specific tasks laid down by decision of the Government.
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Art. 20 was amended by section 1 of article. 1 of law No. 132 of 18 July 2012, published in MONITORUL OFICIAL nr. 498 of 19 July 2012, which complements art. Vi of the EMERGENCY ORDINANCE nr. 16 of 8 may 2012, published in MONITORUL OFICIAL nr. 314 dated 10 may 2012, with item 3.


Article 21 (1) the Chancellery of Prime Minister is structure without legal personality, subordinated to the Prime Minister, financed through the budget of the General Secretariat of the Government, led by the head of the Chancellery of the Prime Minister, a member of the Government.
  

(2) in the Chancellery of the Prime Minister operates State Secretaries and counsellors of State, as well as a director of cabinet, with the rank of Secretary of State, appointed respectively dismissed by decision of the Prime Minister. Their number is determined by decision of the Government.
  

(3) in the Chancellery of the Prime Minister operates independently, Scientific Council advisory body issuing the proposals and opinions with regard to studies and reports prepared in areas of strategic importance.
  

(4) the State Chancellery of the Prime Minister has the following main tasks: (a) the interinstitutional level) coordinates the process of formulation and implementation of strategies and public policies in an integrated manner and in accord with the Government.
  

b) knowingly governmental strategies, prior to the formulation of public policy options and strategies and justification of the lines of action at the governmental level;
  

(c)), in the field of interinstitutional coordination and coordination of public policies, the development and implementation of government policies being implemented including through normative acts, with emphasis on interministerial cooperation and coherence, in an integrated manner and in accord with the Government.
  

(d)), in the field of representation, maintain ties with foreign embassies in Romania and with international agencies represented in the country, in order to inform them, together with the Ministry of Foreign Affairs, on aspects relating to the fields of activity of the Government;
  

e) provides and coordinates, communications and media relations, producing integrated and unified government public message; coordinates the activity of spokespersons from ministries in terms of communicating Government priorities;
  

f) coordinates information technology throughout the central public administration;
  

g) coordinates the establishment and implementation of partnership for open Government, together with the Ministry for public consultation and civil dialogue;
  

h) initiate, together with the General Secretariat of the Government, or, where appropriate, advises draft normative acts in the field of its activity.
  

(5) the powers of the Organization, the functioning of the SIS, the organisational structure and the maximum number of items in the Chancellery of the Prime Minister are approved by decision of the Government.
  

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Art. 21 has been changed by subpct. 1 (III), article 1. 8 of the EMERGENCY ORDINANCE nr. 40 of 28 June 2016, published in MONITORUL OFICIAL nr. 490 of 30 June 2016.


Article 22 (1) the Government has a General Secretariat headed by the Secretary general of the Government, which may have the rank of Minister, assisted by one or more Assistant Secretaries, who are likely to have the rank of Secretary of State, appointed by decision of the Prime Minister.
  

(2) the General Secretariat is part of the apparatus of Government work and ensure the conduct of technical operations of Government, laws, solving organizational, legal, technical and economic activity of the Government, and Government representation in the courts.
  

(3) the Organization and powers of the General Secretariat of the Government shall be determined by decision of the Government.
  

(4) the Government shall approve the draft budget, which is included in the State budget. The Secretary-General of the Government is the Chief authorising officer for the work of the Government apparatus. The General Secretariat of the Government has the right of legislative initiative on the areas covered by its duties and authorities and public institutions subordinate to the Government fold.
  

— — — — — — — — —-. (4) article. 22 was amended by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 17 of March 4, 2009, published in MONITORUL OFICIAL nr. 145 of 9 March 2009.

(5) the general secretariat of the Government take your device, technical operations continuity through effective governance acts as the link element and the stability of the Government.
  


Article 23 (1) the Department is an unincorporated organizational structure and without units responsible for, subordinate to the Prime Minister, given the role of coordinating and reviewing the areas of general interest, in accordance with the powers of the Government.
  

(2) the Department is headed by a dignitary.
  

(3) in exercising the functions conferred on the Department leader issues orders with individual character.
  

(4) the setting up, organization and functioning, as well as the tasks of the Department are approved by decision of the Government.
  


Section 6 of the Government Operation in article 24 (1) meetings of the Government shall be convened and are led by the Prime Minister.
  

(2) the President of Romania may participate in the meetings of the Government debating upon matters of national interest with regard to foreign policy, defence of the country, ensurance of public order and, at the request of the Prime Minister, in other situations.
  

(3) the President of Romania shall preside over the meetings of the Government.
  


Article 25 (1) the Government shall meet weekly or whenever the need arises.
  


(2) during the sessions of the Government debating upon matters of internal and external policy of the country, as well as issues regarding the General management of public administration, simplification is the appropriate action.
  

(3) The Government may attend meetings as invited leaders of some organs of the Government or ministries or autonomous administrative authorities, as well as any other person whose presence it considers to be useful, at the request of the Prime Minister.
  

(4) the debate in the meetings of the Government and how its adoption of acts, and any other measures set to be recorded on magnetic tape and shall be recorded in writing in the verbatim record of the meeting, certified by the Minister delegate for the coordination of the General Secretariat of the Government and kept in accordance with the law, within the General Secretariat of the Government.
  

— — — — — — — — —-. (4) article. 25 was modified by art. 15 of the EMERGENCY ORDINANCE nr. 17 of March 9, 2005, published in Official Gazette No. 229 of 18 March 2005.


Article 26 (1) in the exercise of his powers the Government shall adopt decisions and ordinances. Rulings are issued for organising the execution of the laws. Ordinances shall be issued pursuant to a special law enabling or, in exceptional cases, the Emergency Ordinance under art. 114 para. (4) of the Constitution.
  

(2) the Government may propose projects of decisions and ordinances; also, the Government can propose bills, in order to exercise of the right of legislative initiative. The methodology for the compilation and submission to the Government of such draft normative acts are approved by decision of the Government.
  

(3) in the case of termination or, under the conditions stipulated in the Constitution, until taking the oath by members of the new Government, the Government continues to meet only with individual character acts or normative, necessary for the administration of public affairs, without promoting new policies. During this period, the Government cannot issue decrees and cannot initiate bills.
  

— — — — — — — — —-. (3) art. 26 returned to previous form EMERGENCY ORDINANCE nr. 76 of 12 July 2005, published in Official Gazette No. 618 of 15 July 2005, by rejecting this regulatory action by the law nr. 250 of 9 august 2005, published in Official Gazette No. 734 of 12 august 2005.

(4) by way of derogation from paragraph 1. (3) in extraordinary situations whose regulator can't be postponed, the Government can initiate bills on ratification of some international treaties, the draft law on the State budget and State social insurance budget, and the draft law on fiscal responsibility.
  

— — — — — — — — —-. (4) article. 26 was introduced. in accordance with law No. 376 of 3 December 2009 published in Official Gazette No. 835 of 3 December 2009.


Article 27 (1) the Government shall adopt decisions and ordinances in the presence of the majority of its members. Decisions and Ordinances shall be adopted by consensus. If consensus is not achieved, the Acting Prime Minister.
  

(2) the provisions of paragraphs 1 and 2. (1) applies in respect of the documents and of the other measures discussed in the Government.
  

(3) Decisions and ordinances of the Government shall be signed by the Prime Minister, countersigned by the Ministers that are required for their implementation and enforcement shall be published in the Official Gazette of Romania, part i. the failure to attract non-existent decision or Ordinance. Decisions that are communicated to the military only interested institutions.
  


Article 28 (1) in carrying out its function of public administration General driving Government exercising control over the ministries, other public organs in its subordination, as well as school prefects.
  

(2) In carrying out the checks the Government is entitled to a hierarchical annul illegal administrative acts or inappropriate issued by public administration authorities from his subordinate and prefects.
  


Article 29 the Government lies in collaborative relationships with autonomous administrative authorities.


Article 30 (1) the Government shall appoint a prefect in every county and in Bucharest.
  

(2) the prefect is the representative of the Government of the region. In this capacity the prefect responsible for implementation of Government policy in the administrative-territorial units, having the obligation to ensure the execution of the acts of the Government, as well as those of the ministries and other organs of the Government or ministries.
  

(3) the prefect leads decentralised public services of ministries and other bodies of administrative-territorial units and keep a check on the legality of administrative acts of the City Council, Mayor, County Council and President of the County Council.
  


Article 31 the Government is responsible only to Parliament political for its entire business. Each Member of the Government responsible jointly and severally with other members of the political activity of the Government and its laws.


Article 32 criminal liability of members of the Government shall be regulated by a law on ministerial responsibility.


Article 33 (1) the Government shall, through the administration of the patrimony of the Regia "Autonomous State Protocol" and Directed "Autonomous", administration of assets Locato public property of the State, private and intended actions of representation and protocol of the Chamber of Deputies, the Senate, the President and the Government.
  

(2) the General Secretariat of the Government meets Ministry duties resort towards Autonomous Regia «Heritage State Protocol Administration» and «towards an autonomous official Gazette Regia».
  

— — — — — — — — —-. (2) of article 9. 33 has been modified by subpct. 2 al (III), article 1. 8 of the EMERGENCY ORDINANCE nr. 40 of 28 June 2016, published in MONITORUL OFICIAL nr. 490 of 30 June 2016.

(3) the General Secretariat of the Government may be given in coordination or subordination of specialized bodies of central public administration, with the exception of the ministries.
  

(4) the Requirements for protocol actions of the Government are approved by judgment.
  


Chapter II Organization and work of the ministries section 1 General provisions Article 34 Ministries are specialized bodies of central public administration carrying out Government policy in the areas of their activity.


Article 35 (1) Ministries shall be organized and operated solely under the control of the Government, according to the provisions of the Constitution and this law.
  

(2) the ministries or other specialized organs organized government are headed by Ministers, following the granting of the vote of confidence by the Parliament.
  

(3) Ministers are responsible for all activity of the Ministry in front of the Government as well as members of the Government, to Parliament.
  


Article 36 ministries and Ministers is approved by Parliament, by giving a vote of confidence on the Government Programme and the entire list of Government at the investiture.


Article 37 (1) the Prime Minister may ask the Parliament to amend the structure of the Government through the establishment, abolition or, where appropriate, merging some ministries Division times. In such situations the provisions of art. 36 shall apply accordingly.
  

(2) the Prime Minister may ask the Parliament that some of the Ministers to have the quality of Minister of State for coordination of activity of some ministries. The ministries which lie in coordinating each Minister of State shall be determined by the Prime Minister.
  

— — — — — — — — —-. (2) of article 9. 37 was introduced by point 7 of article. 1 of law No. 23 of March 3, 2004, published in Official Gazette No. 187 of 3 March 2004.


Article 38 in the case of governmental reshuffling or of function vacancy, the President of Romania at the recommendation of the Prime Minister, revokes and appoints Ministers, with due regard for the provisions of article 7. 7. Article 39-10 Ministries have legal personality and with its headquarters in Bucharest.


Section 2 Organizing ministries Article 40 (1) the role, functions, powers, organizational structure and number of posts of ministries shall be determined in relation to the importance of the volume, complexity and specificity of the work done and are approved by decision of the Government.
  

(2) In every Ministry will hold Cabinet Minister, with own personnel, which does not apply the provisions of the law on the status of civil servant.
  


Article 41 (1) depending on the nature of the powers of some Ministers may have in their field of activity abroad compartments, laid down by decision of the Government.
  

(2) the establishment, disestablishment, and ranking of diplomatic missions and consular posts are hereby approved on behalf of the President of Romania, at the proposal of the Government.
  


Article 42 Ministries can establish their subordinate organs, with the opinion of the Court of Auditors.


Article 43 the ministries may have under their public services, which operates in the territorial-administrative units.


Article 44 (1) the establishment or abolishment of decentralised public services of ministries and other bodies of administrative-territorial units, activities, organizational structure, number and employment of staff, the criteria for establishing the compartments and functions of them are approved by order of the Minister, the ruler of the body to which such services or bodies operate.
  

(2) the Minister shall appoint and release from Office the heads of bodies subordinated to the Ministry.

  

(3) heads of decentralized public services shall be appointed and shall be released from Office by the Minister, with the Advisory opinion of the prefect.
  


Article 45 the tasks of ministries shall be established by the bin rules of organization and functioning of the Ministry, approved by order of the Minister.


Section 3 of the leadership ministries Article 46 (1) ministries Leadership is exercised by Ministers.
  

(2) the Minister shall represent the Ministry in relations with other public authorities with legal entities and individuals in the country and abroad, as well as the judiciary.
  

(3) in exercising the functions conferred on the Minister issues orders and instructions, in accordance with the law.
  


Article 47 (1) of the Ministry of the Minister is assisted by one or more Assistant Secretaries of State, according to the governmental decision on establishment and functioning of the Ministry.
  

(2) In ministries, public institutions and other specialized bodies of central public administration can be used and the position of Under Secretary of State, according to the governmental decision on the organisation and operation thereof.
  

— — — — — — — — —-. (2) of article 9. 47 c was introduced. b) a (4) of article 3. 23 of the EMERGENCY ORDINANCE nr. 64 of 28 June 2003, published in Official Gazette No. 464 of 29 June 2003.


Article 48 State Secretaries shall exercise the powers delegated by the Minister.


Article 49 (1) the Secretary general of the Ministry's career is public servant, appointed through competition or exam, based on professionalism. It ensures stability of the Ministry officials, the continuity of leadership and functional connections between the structures of the Ministry.
  

(2) the main duties and responsibilities of the Secretary-General are as follows: (a) coordinate the smooth running of) to departments and functional nature of the activities of the Ministry and provides liaison between the Minister and the stock heads of all compartments from the Ministry and subordinate units;
  

b) collaborates with specialized compartments in the General Secretariat of the Government, with the Secretaries of other ministries, as well as with counties and Secretaries with the directors of the Prefecture, in matters of common interest;
  

c) receives and forwards for his opinion by the ministries of draft normative acts initiated by the Ministry and shall ensure that the approval of the normative acts received from other initiators;
  

(d) General Secretariat) Government drafts of legislative acts initiated by the Ministry, to be discussed at a sitting of the Government;
  

e) pursues and ensures the completion of regulatory acts approved by the Government, which were initiated by the Ministry;
  

f) monitors and controls the elaboration of periodic reporting, provided for by the regulations in force;
  

g) coordinates the entire staff of the Ministry, the work of drafting the policies and guiding principles for the management of staff within the compartment.
  

(3) the Secretary-General of the Ministry can accomplish and other tasks provided for in the rules of organization and functioning of the Ministry delegated Minister times.
  


Article 50 (1) in carrying out the duties of the incumbent Secretary-General may be assisted by one or two deputies.
  

(2) the Deputy Secretaries are career civil servants, appointed by competition or exam.
  


Article 51 where, for various reasons, cannot exercise their powers, will appoint the Secretary of State who exercise these powers, it's informing the Prime Minister about this.


Article 52 (1) in addition to the Minister works as an advisory body, the College Ministry.
  

(2) the composition and rules of procedure of the Ministry shall be approved by order of the Minister.
  

(3) the College shall meet, at the Ministry's request and under the chairmanship of the Minister, to debate issues concerning the activity of the Ministry.
  


Section 4-General Ministerial Powers of Article 53 (1) Ministers meet in their field of activity the following general powers: a) organizes, coordinates and controls the implementation of laws, ordinances and decisions of Government, orders and instructions issued under the law, while respecting the limits of authority and of the principle of local autonomy of public institutions and economic agents;
  

b) develops and endorses draft laws, decrees, decisions of the Cabinet of Ministers, under the terms established by the methodology approved by the Government;
  

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Lit. b) of paragraph 2. (1) of article 1. 53 was amended by paragraph 2 of article 9. in accordance with law No. 250 of 22 June 2006, published in MONITORUL OFICIAL nr. 554 of 27 June 2006.

c) acts for the implementation of the integrated Ministry of economic and social development of the Government;
  

d) base and draw up proposals for the annual budget, which it shall forward to the Government;
  

e) pursuing the design and realisation of investments of the Ministry, on the basis of the approved budget;
  

f) represents the interests of the State in the various organs and bodies, in accordance with international agreements and conventions to which Romania is a party and with other arrangements established for this purpose, and develop collaborative relationships with similar organizations and organs of other States and international organisations are interested in their field of activity;
  

g) initiates and negotiates, from empowering the President or the Government, according to the law, the conclusion of conventions, agreements and other international agreements or propose drawing up forms to join the existing ones;
  

h) pursuing and monitoring compliance with the international agreements and conventions to which Romania is a party and take measures in order to achieve the conditions to integrate into European structures and other international bodies;
  

I) coordinates and pursue the development and implementation of policies and strategies in the areas of activity of the Ministry, according to the Government's general strategy;
  

j) give consent, according to the law, the establishment of non-governmental bodies and cooperate with them in carrying out the purpose for which they were created;
  

k) collaborates with specialized institutions for vocational training and improvement of personnel within their system;
  

l) approve, if appropriate, editing publications and information.
  

(2) the Ministers meet in their field of activity and other specific duties established by normative acts.
  

(3) Ministers to fulfil their duties using their own device of ministries, as well as institutions placed in subordination, coordination or the authority of the ministries.
  

(4) State Ministers coordinate, under the direct guidance of the Prime Minister, the Government programme approved by Parliament in a field of activity in which together with Ministers responsible for carrying out this program within their ministries.
  

— — — — — — — — —-. (4) article. 53 was introduced by section 8 of article. 1 of law No. 23 of March 3, 2004, published in Official Gazette No. 187 of 3 March 2004.


Article 54 the Minister directs your device of the Ministry, established by decision of the Government, appoints and releases of its staff.


Article 55 (1) of the States functions of ministries approved by the Ministers, the limit on the number of posts approved by decision of the Government.
  

(2) the Government may approve future changes in the structure of ministries, specialized bodies, decentralized public services and institutions subordinated to them only within the limits of budgetary allocations.
  


Article 56 the Government may order by a changes in the Organization and operation of ministries, as well as the transfer of activities from one Ministry to another or to the bodies subordinated to the Government.


Chapter III final provisions Article 57 the working Personnel of the Government, of the ministries and other central organs, which has the status of public official, enjoys all the rights and obligations provided for in the law on the status of civil servant.


Article 58 personnel from the work of the Government and of the ministries is done according to the law.


Article 59 the Organization and functioning of ministries concerning national defence and public order are governed by special laws.


Article 60 this law Provisions regulating the Organization and functioning of the Government and ministries, apply properly and the other organs of the Central Government, with the exception of some public institutions whose establishment and operation are regulated by special laws.


Article 61 on the date of entry into force of this law shall be repealed law No. 37/90 for the Organization and functioning of the Government, as published in the Official Gazette of Romania, part I, no. 137 of 8 December 1990, as amended, and any other provisions to the contrary.

This law was adopted by the Senate at its meeting of 26 February 2001, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.

PRESIDENT of the SENATE, pp. V ZOLTAN PUSKAS this law was adopted by the Chamber of deputies at its meeting on 1 March 2001, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.

PRESIDENT Of The CHAMBER Of DEPUTIES VALER DANNER — — — — —