Law No. 184 Of 12 April 2001 On The Organisation And Exercise Of The Profession Of Architect

Original Language Title:  LEGE nr. 184 din 12 aprilie 2001 privind organizarea şi exercitarea profesiei de arhitect

Read the untranslated law here: https://www.global-regulation.com/law/romania/3072175/-lege-nr.-184-din-12-aprilie-2001-privind-organizarea-i-exercitarea-profesiei-de-arhitect.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 184 of 12 April 2001 (* republished *) (* updated *) on the Organization and practice of the profession of architect *) (updated by no later than February 1 2016 *) ISSUER-PARLIAMENT-------Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the Republished pursuant to art. II of law No. 64/2014 for the modification and completion of the law #. 184/2001 on the Organization and practice of the profession of architect, published in the Official Gazette of Romania, part I, no. 355 of 14 may 2014, giving it a new texts.

Law No. 184/2001 has been republished in the Official Gazette of Romania, part I, no. 771 from august 23, 2004 and was amended and supplemented by:-Law No. 172/2010 modifying and completing law No. 184/2001 on the Organization and practice of the profession of architect, published in the Official Gazette of Romania, part I, no. 513 of 23 July 2010;

-Law No. 76/2012 for implementing Law No. 134/2010 code of civil procedure, as published in the Official Gazette of Romania, part I, no. 365 of 30 may 2012, with subsequent amendments;

-Government Emergency Ordinance nr. 44/2010 amending art. 81 of Act No. 76/2012 for implementing Law No. 134/2010 code of civil procedure, as published in the Official Gazette of Romania, part I, no. 606 23 august 2012, approved by law No. 206/2012, published in the Official Gazette of Romania, part I, no. 762 from 13 November 2012;

-Law No. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 dated 12 November 2012, corrected in the Official Gazette of Romania, part I, no. 117 of 1 March 2013, with subsequent amendments;

-Government Emergency Ordinance nr. 4/2013 amending Law No. 76/2012 for implementing Law No. 134/2010 code of civil procedure, as well as for the modification and completion of some legislative acts, as published in the Official Gazette of Romania, part I, no. 68 from 31 January 2013, approved with amendments and completions by law No. 214/2013, published in the Official Gazette of Romania, part I, no. 388 of 28 June 2013;

-Law No. 2/2013 concerning measures for relieving the courts of law, as well as in preparing for the implementation of law No. 134/2010 code of civil procedure, as published in the Official Gazette of Romania, part I, no. 89 of 12 February 2013.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I General provisions Article 1 this law regulates the exercise of the profession of architecture and the creation of the order of Architects from Romania, as a form of organizing independent, nonprofit, autonomous, apolitical and public interest.


Article 2 (1) the activity in the field of architecture is an act of public culture, with implications for urban, economic, social and environmental.
  

(2) architectural Creation is intended to organise the space functional and aesthetically constructed, having the obligation to insert it harmoniously into the surrounding environment, in respect of natural landscapes and heritage property.
  


Article 3 according to the law, the civil construction, industrial, agricultural or otherwise may be carried out only under the authorization of the construction, on the basis of regulations on the design and execution of construction.


Article 4 (1) the title of architect graduate with Bachelor's degree or equivalent document issued by the institutions of higher education of architecture recognised by the Romanian State, which meet the minimum criteria for authorization and accreditation for undergraduate programme in the field of architecture undergraduate architecture, laid down in the annex. 3 the Government decision nr. 469/2015 approving minimum criteria for authorization and accreditation for undergraduate programs in medicine, Dental Medicine, pharmacy, general care, Midwives, veterinary medicine, architecture.
  

(2) it is prohibited to use the title of architect by persons who do not possess this qualification on the basis of professional qualifications.
  

(3) the title of architect of the graduate diploma interior architect specialised in the interior interior architecture at an accredited institution of higher education in Romania.
  

----------
Art. 4 was amended by section 1 of article. in ORDER No. 12 of 27 January 2016, published in MONITORUL OFICIAL nr. 68 of 29 January 2016.


Article 5 (1) the title of architect and nationals of Member States of the European Union, nationals of Member States of the European Economic area, as well as citizens of the Swiss Confederation, graduates with a Bachelor's degree or other equivalent document issued by institutions of higher education of architecture in one of the above-mentioned States and fulfilling the minimum conditions of training for the profession of architect, provided for in the legislation of the home Member State respecting the provisions of article 7. 46 of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as published in the official journal of the European communities, L series, no. 255 of 30 September 2005, hereinafter referred to as Directive 2005/36/EC.
  

— — — — — — — — —-. (1) of article 1. 5 was amended by paragraph 2 of article 9. in ORDER No. 12 of 27 January 2016, published in MONITORUL OFICIAL nr. 68 of 29 January 2016.

(2) the title of architect, and alumni, citizens of the Member States of the European Union, nationals of the Member States of the European Economic area and nationals of the Swiss Confederation, with Bachelor's degree or equivalent document obtained under social programmes of the time as a result of higher graduation courses part-time in the field of architecture and who have acquired the minimum knowledge required Although conditions were not complied with in respect of the minimum duration of the studies referred to in the legislation of the home Member State, in compliance with the provisions of art. 46 para. (2) of Directive 2005/36/EC. These people need to have a professional experience of at least 7 years under the direction of an architect with signature or another equivalent or a law firm's architecture and promote a graduation exam of university level, equivalent to the final examination for obtaining the diploma or other equivalent document, in compliance with the provisions of art. 46 para. (1) (a). b) of Directive 2005/36/EC.
  

— — — — — — — — —-. (2) of article 9. 5 was amended by paragraph 2 of article 9. in ORDER No. 12 of 27 January 2016, published in MONITORUL OFICIAL nr. 68 of 29 January 2016.

(3) citizens of the Member States of the European Union, nationals of Member States of the European Economic area and nationals of the Swiss Confederation shall have the right to use the lawful academic title owned, acquired through registration with the professional body of the Member State of origin and, where appropriate, the abbreviation used in the Member State of origin in the language of that State.
  

(4) the citizens of the Member States of the European Union, nationals of Member States of the European Economic area and nationals of the Swiss Confederation are authorized to wear the title of architect by a normative act of the Member State concerned, by the competent authorities confer this title personalities who have distinguished themselves particularly through achievements in architecture, can use this title in Romania.
  


Article 6 (1) order of architects from Romania is the authority responsible for the recognition of diplomas in the profession of architect, for the citizens of the Member States of the European Union, nationals of Member States of the European Economic area and nationals of the Swiss Confederation.
  

(2) formal qualifications in the profession of architect of the citizens of the Member States of the European Union, citizens of Member States of the European Economic area and nationals of the Swiss Confederation shall be subject to the recognition procedure for the exercise of the profession of architecture in Romania, which was approved by the Government.
  

(3) exception from paragraph 1. (2) the general system for the recognition of professional qualifications provided for in law No. 200/2004 concerning the recognition of diplomas and professional qualifications for regulated professions from Romania, with subsequent amendments and additions, the profession of an architect, under the conditions laid down in article 21. 1 (1). (4) of law No. 200/2004, as amended and supplemented.
  


Article 7 (1) formal qualifications in the profession of interior architect obtained in the Member States of the European Union, the European Economic area or the Swiss Confederation are recognized by the order of Architects from Romania under the provisions of law No. 200/2004, as amended and supplemented.
  

(2) formal qualifications in the profession of interior architect obtained in third countries are recognised by the Ministry of national education, in accordance with the legal provisions in force.
  


Article 8 (1) the work of the architect in the fields of architecture, Urbanism and spatial planning: a) design, counseling, technical assistance and supervision of construction works, restoration of monuments, landscaping, design, furnishings and interior decoration, scenography and other such activities;
  

b) study, research, planning, advice and specific regulation in the fields of architecture, urban planning, landscaping, construction, building materials and technologies;
  

c) verification, clearance, approval, supervision and technical expertise to projects.

  

(2) the practice of architecture is a complex technical and aesthetic creation and service delivery, which is achieved through the drawing up of projects, coordinating studies and related documentation prepared by other experts, studies, and research programs, and design competitions, technical documentation, models, surveys and other activities.
  


Chapter II exercise of the profession of architect section 1 Acquisition and exercise of the right of signature in article 9 exercise of the profession of architect is done both in the private sector and the public sector, in accordance with the legal provisions.


Article 10 (1) the right of signature involves taking the person exercising it all professional responsibilities towards the client and the public authorities with regard to the quality of the solutions proposed, in compliance with the legislation.
  

(2) the right of signature shall be exercised, with mention in the Holograph clear name, first name and registration number of the Architects, all documentation prepared in the context of all the design and approval phases, including the duration of the performance and reception of works.
  

(3) the exercise of the right of signature involves independence in decision-making with the professional character.
  


Article 11 (1) architectural Projects for the materialization of which the law imposes on the permit for construction will be prepared by an architect with signature or a conductor of the architect. Draft interior architecture for the materialization of which the law imposes on the building permit may be signed by an architect with signature law.
  

(2) acquire a right of signature Architects awarded by the order of Architects from Romania, in accordance with the law if they fully exercise their civil rights, if they meet the conditions of good repute and internship or, where appropriate, practical, professional experience provided for in this law and the directive. Getting the right of signature by the architects draw their obligatory registration with the national Switchboard of architects, in accordance with the law.
  

(3) the condition of worthiness mentioned in paragraph 1 (2) shall be deemed to be satisfied: a) if the architect applicant signature law has not been banned permanently or temporary occupation by final judgment, as additional punishment for committing a crime in connection with the exercise of the profession;
  

b) if requesting architect of signatures has not committed any disciplinary misconduct that have been sanctioned by the Association of Architects from Romania with the complete withdrawal of the right of signature, according to the present law.
  

(4) the right of signature of conductors and architects and interior architects shall be exercised in the territory of Romania and is limited to the categories of works for which the law recognizes this right.
  

(5) the right of signature shall be made on the basis of a request addressed to the architects ' from Romania, accompanied by an official copy and title of qualification certificate for acquiring practical professional experience, along with a portfolio comprising the work for which the applicant has worked during the period of internship.
  

(6) the assessment of the knowledge, skills and relevant professional experience is made by a Committee made up of architects with the right signature, called by the National Council, according to the regulations of the order of Architects from Romania.
  

(7) the procedure for granting the right of signature shall be completed not later than 3 months after the date on which the complete documentation of the applicant.
  


Article 12 (1) nationals of Member States of the European Union, nationals of Member States of the European Economic area and nationals of the Swiss Confederation which calls for the establishment in Romania and fulfil the conditions laid down in article 21. 5 and 6 relating to the possession of the skill and practice of the profession of architect and who have the right of signature in one of these States or an equivalent will acquire the right of signature on Romanian territory through automatic recognition of this right.
  

(2) nationals of Member States of the European Union, nationals of Member States of the European Economic area and nationals of the Swiss Confederation which calls for the establishment in Romania and fulfil the conditions laid down in article 21. 5 and 6 relating to the possession of the skill and practice of the profession of architect and does not have a right of signature or other equivalent right obtained in the territory of one of those States shall, upon request, acquire a right of signature on Romanian territory, under the same conditions as nationals.
  

(3) Member States citizens Architects of the European Union, the Member States of the European Economic area and nationals of the Swiss Confederation who have the right to exercise the profession of architect with signature or other equivalent right in one of those States and asking for the right to provide temporary or occasional services in the field of architecture in the territory of Romania, without seeking to establish in Romania will acquire the right of signature without being enrolled into the national architects and will be automatically registered in the order of Architects from Romania, for the duration of the provision of those services.
  

(4) the necessary registration Documents, the first provision of services in the field of architecture or where changes have occurred compared with the initial situation, in the documents in the case of occasional or temporary benefits are: a) a prior written declaration, specifying the field of insurance or other means of personal or collective protection regarding professional liability which the applicant enjoys in Romania;
  

b) copy document constituting evidence of the nationality of the applicant;
  

c) document issued by the Member State of establishment of the applicant, stating that, at the date of issue thereof, the holder is legally established in that State and that is not permanently or temporarily prohibited activities of architect;
  

d) copies of the diplomas, certificates or other evidence of formal qualifications in the profession of architect.
  

(5) the Declaration referred to in paragraph 1. (4) (a). renewal of) once a year, if the provider is considering exercising the profession of architect temporarily or occasionally during the year in question, or in the case of a change in its position towards the original.
  

(6) the temporary nature of the provision and services in the field of architecture shall be examined on a case by case basis, depending on the duration of the provision, the frequency, periodicity and continuity thereof, by the order of Architects from Romania.
  

(7) the order of Architects from Romania will accept as proof of good repute a document issued citizen of a Member State of the European Union, of the European Economic area or the Swiss Confederation by the competent authority of the country of origin; This document must be presented no later than 3 months from the date of issue by the competent authority of the country of origin.
  

(8) the Member States citizens Architects of the European Union, nationals of the Member States of the European Economic area or the Swiss Confederation citizens exercising their profession on the territory of Romania shall be subject to the rules and procedures relating to the use of the professional title, the rules of professional conduct, and disciplinary measures applicable to the profession, in accordance with the provisions of this law.
  

(9) the order of Architects from Romania will be made available to interested persons information on national law and code of conduct of the profession of architect.
  


Article 12 ^ 1 (1) For the recognition of qualification of architect or of the right of signature on Romanian territory, order of Architects from Romania shall ensure that all the requirements, procedures and formalities relating to access to matters covered by this law can be met by distance and by electronic means, under the legislation in force, and shall notify by electronic means including all requirements procedures and formalities relating to access to a regulated profession of aspects of architecture in Romania.
  

(2) the provisions of paragraphs 1 and 2. (1) does not apply in the case of carrying out professional training or procedures for the evaluation of knowledge, skills and relevant professional experience.
  

----------
Art. 12 ^ 1 was introduced by point 3 of article 1. in ORDER No. 12 of 27 January 2016, published in MONITORUL OFICIAL nr. 68 of 29 January 2016.


Article 12 ^ 2


(1) where there are justified doubts, the order of Architects from Romania may request the competent authorities of the Member State of establishment to provide any information relevant to the legality of the establishment and the proper conduct of the service provider, as well as the absence of any disciplinary or criminal nature. If the order of Architects from Romania decides to check the professional qualifications of the service provider of architecture, may require information about the attended training courses to the extent necessary for the evaluation of significant differences which may be detrimental to health or public safety. Exchange of information complies with the provisions laid down by law in force concerning the protection of personal data of the law nr. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and additions, and of law No. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, with subsequent amendments and additions.
  

(2) the order of Architects from Romania, in its capacity as competent authority, the exchange of information concerning disciplinary sanctions or penal nature arranged against professional architects, in compliance with the personal data, through alert within the system of the internal market information-I, at the latest within 3 days from the date of adoption of the decision of restricting or prohibiting, in whole or in part of the exercise of the profession of architecture or of the right of signature. This information is limited to the identity of the person, the profession concerned, information on the authority or the Court which adopted the decision on the restriction or prohibition, the scope of the restriction and the period during which the restriction or prohibition applies.
  

----------
Art. 12 ^ 2 was introduced by point 3 of article 1. in ORDER No. 12 of 27 January 2016, published in MONITORUL OFICIAL nr. 68 of 29 January 2016.


Article 13 conditions under which holders of certain evidence of formal qualifications in the profession of architect, who are nationals of other Contracting Parties other than those referred to in article 1. 5, hereinafter third countries can exercise their profession in Romania, to acquire the right of signature and to require the inclusion of the Architects will be fixed, in terms of reciprocity, by conventions concluded by the Romanian State with the States of origin, in compliance with at least the minimum conditions of training in the profession of architect of the directive.


Article 14 (1) for the purpose of determining entitlement to the signature, the architect, as provided for in the directive, it operates as a professional intern for a period of not less than 2 years at a Bachelor of architecture or design firm, under the direction of an architect with the right signature.
  

(2) the probationary period referred to in paragraph 1. (1) may be reduced to one year in the case of architects who have acquired experience of at least 2 consecutive years within the specialized services of the central or local public administration.
  

(2 ^ 1) Professional internship can be carried out wholly or partly in another Member State or, where appropriate, in a third country.
— — — — — — — — —-. (2 ^ 1), art. 14 was introduced by paragraph 4 of art. in ORDER No. 12 of 27 January 2016, published in MONITORUL OFICIAL nr. 68 of 29 January 2016.

(3) the conditions of carrying out your internship in Romania in order to gain practical professional experience, the rights and duties of the architect intern, as well as those of the order of Architects from Romania toward it, the guidelines on the Organization and the recognition of vocational training carried out in another Member State or in a third State shall be governed by regulation of the order of Architects from Romania, in accordance with the legal provisions in force.
  

— — — — — — — — —-. (3) art. 14 was amended by section 5 of art. in ORDER No. 12 of 27 January 2016, published in MONITORUL OFICIAL nr. 68 of 29 January 2016.
(3 ^ 1) Recognition of professional soldiering, conducted partly or wholly within a Member State or in a third country, it does not replace the requirement laid down in article 21. 11(2). (6) on the right of signature.
— — — — — — — — —-. (3 ^ 1), art. 14 was introduced by paragraph 6 of article 19. in ORDER No. 12 of 27 January 2016, published in MONITORUL OFICIAL nr. 68 of 29 January 2016.

(4) For graduates of architecture with diploma of doctor in the field, the training period is reduced to one year.
  

(5) upon completion of the internship, the architect can acquire the right of signature on the order was awarded to Architects from Romania, under the present law.
  


Article 15 Architects can sign during the period interns internship projects, plans and studies of its own, which do not entail the issuance of an authorization to construct.


Article 16 the right of signature, according to this law, is incompatible with a situation in which: a) for the same project architect performs the function of verifiers, expert or adviser chosen within the public administration involved in the endorsement or authorisation;
  

(b) public servant) architect is under the authority of the central or local public administration that has jurisdiction, authorization and control of the endorsement of the work concerned.
  


Article 17 right of signature without fulfilling the requirements of this Act constitutes offence and punishable according to the criminal law.


Section 2 of the Modalities for the exercise of the profession of architecture in article 18 (1) the right of signature may exercise within individual offices, offices, design firms or other forms of association constituted under the law.
  

(2) regardless of the forms of exercising the profession referred to in paragraph 1. (1) the signature architects can acquire the status of general designer.
  

(3) regardless of the manner of exercise of the profession, architects with the right signage can hire employees.
  

(4) legal persons specified in paragraph 2. (1) within a staff architect with signage and design activities, are required for the permitting of urbanism and architecture projects subject to approval or authorization to use the contract basis the services of an architect with the right signature.
  


Article 19 (1) the method of exercise of the profession of the architect is declared and recorded by the order of architects from Romania.
  

(2) individual Offices may be associated through the contract.
  

(3) the contractual Relations are established between the Office and the client or, in the case of associated offices, these relationships are established between one of the individual involved and customer offices.
  


Section 3-rights and obligations of the signature architects Article 20 signature of the Architect has the following rights: a) to draw up and sign the documents referred to in article 1. 11(2). (1);
  

b) to verify the conformity of the work during execution with the authorization, even if the technical assistance has not been satisfied;
  

c) are entitled to a fee for their services, just the appropriate amount, time required and the responsibility assumed, freely negotiated with the client. Order of Architects from Romania, with the opinion of the Ministry of regional development and public administration and the Ministry of Culture, develop cost information system for architectural design, which will be made public. Cost information system for architectural design encompasses the ways available to architects to calculate costs and to negotiate fees that are charged. Cost information system for architectural design is not binding, does not impose obligations on service providers or recipients and does not establish minimum fees maximum times;
  

d) to include in the contract concluded with the client clauses on the protection of copyright.
  


Article 21 signature of the Architect has the following obligations: a) to know and comply with the legal regulations in force concerning the exercise of the profession of architecture;
  

b) comply with the code of conduct of the profession of architecture and the regulation of the order of Architects from Romania;
  

c) communicate the client's obligation to obtain and to respect the opinions, agreements and authorizations needed, as provided by law;
  

d) to focus on improvement of professional qualification;
  

e) assume, by exercising the right of signature, the entire professional responsibility towards the client and the authorities demonstrate the reliability and probity;
  

f) to serve the interests of the client in accordance with the public interest and professional requirements.
  


Section 4 of the suspension and termination of the right of signature. The Dashboard of the architects ' article 22 Right of signature shall be suspended: (a)), at the request of the person temporarily entered;
  

b) after 6 months, in the case of non-payment of annual contributions without justification by the order of Architects from Romania, until their full payment;
  

c) during the period of suspension of the right to practice, ordered by final judgment;
  

d) by way of a disciplinary sanction, throughout the duration of the sanction.
  


Article 23 (1) the right of signature shall cease: (a) the written waiver) by the exercise of the right of signature;
  


b) if the person registered was condemned outright for an act prescribed by law, in connection with the exercise of the right of signature, or if i was complementary penalty prohibition to exercise the profession, by final court decision.
  

(2) the termination of the right of signature lure loss membership of the order of Architects from Romania and the Dashboard of the Architects.
  


Chapter III order of Architects from Romania section 1 the functions and organization of the order of Architects from Romania to article 24 (1) the order of Architects from Romania, hereinafter referred to as the order, and shall be established in accordance with the law as a non-profit professional organization with legal personality under private law, non-political organization, in the public interest, with its own heritage and buget, autonomous and independent. The order is intended to represent and protect, at national and international level, the interests of the profession of architecture.
  

(2) the order of Architects from Romania is headquartered in Bucharest and is organized with branches in the territory. His activity is financed from application fees, annual membership dues, funds arising from scientific, economic activities and the editorial carried out, the Organization of architectural contests, landscaping and urban landscaping, as well as from donations, sponsorships or other linked sources, according to the law.
  

(3) of the Order they belong to architects and architects, conductors with or without signature, urbaniştii diplomats without signature or to which it has been granted in accordance with the law, as a similar signature conductors architects, interior architects with the right signature, trainees and any holder of the title of architect, at their request.
  

(4) this Act does not limit the right of free accession of architects from other forms of Association.
  

(5) the order shall be required to publish annually in the Official Gazette of Romania, part I, of the order of Architects, Architects from Romania, code of conduct of the profession of architect and cost information system for architectural design.
  


Article 25 (1) order of architects from Romania has the following duties: a) protects and promotes the quality of architecture and planning;
  

b) seeks the competent and qualified to exercise the profession in respect of the code of conduct;
  

c) proposes specific legal and normative regulations, in order to promote them;
  

d) represents the interests of its members in front of public authorities and administrative bodies, as well as in international professional;
  

e grants right of Architects) and manages the National Dashboard Architects.
  

(2) the power of the order of Architects from Romania for the granting of the right of signature cannot be exercised by any other institution or professional association.
  


Article 26 the rights and obligations of the members of the order of Architects from Romania will be specified by its regulation.


Article 27 (1) of the order for a leading Architects from Romania are: a) National Conference;
  

(b) the National Council);
  

c) College;
  

d) President.
  

(2) persons chosen in the National Council, the College directory or as President of the order have a four year term. They cannot exercise more than two terms consecutively.
  


Article 28 National Conference of the order consists of members, delegates with the right to proportional representation, subsidiaries. Territorial branch will ensure the participation of the National Conference of the order of at least one representative of each County included in the subsidiary.


Article 29 (1) the National Conference of the architects ' from Romania has the following duties: (a) adopt and amend the regulation), the profession's code of conduct and the framework regulation for the territorial branches);
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see rules of organization and functioning of the architects ' from Romania, code of conduct of the profession of architect and the framework regulation on the establishment, organization and functioning of territorial branches of the order of architects from Romania, published in the Official Gazette of Romania, part I, no. 342 of 21 may 2012.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ b) shall adopt the administrative apparatus of the Organization;
  

c) elects and revokes President Order;
  

d) elects and revokes the order's National Board members;
  

e) elect members to the boards of censors and discipline at national level, as well as members of other specialized commissions;
  

f) adopt decisions on all the issues on the agenda set out in the call for competition;
  

g) approves the annual amount of contributions for the categories of members of the order.
  

(2) the National Conference of the order is legally constituted upon first calling in the presence of at least two thirds of the number of delegates, and decisions shall be adopted by a majority vote of the members present. If the first summon the attendance condition is not met, the second convocation, after at least two weeks, the National Conference is uncountable in presence of the majority of members and takes decisions by a majority of the members present.
  


Article 30 (1) National Conference between meetings, the work Order will be coordinated by the National Council, two-thirds of the votes of its members shall be entitled to a signature architects.
  

(2) the composition of the National Council will ensure proportional representativity of members of the territorial branches.
  

(3) Every territorial branch established by the judgment of its own candidates proposed for the National Council.
  


Article 31 (1) the President of the order of Architects from Romania, elected from among the architects with the right signature, represents the order in its relations with other individuals and legal entities, or with authorities from Romania and from abroad, possibly to conclude, on behalf of the order, conventions and agreements. The President also leads the National Conference and the budgetary costs of the preliminaries.
  

(2) the Vice-Presidents of the architects ' from Romania are surrogates of the President in the order established by the National Conference.
  


Article 32 (1) of the architects ' current activity from Romania is managed by College directory.
  

(2) the College director is elected by a majority vote of the members of the National Council.
  

(3) at least two thirds of the members of the College directory must be the architects of the signature.
  


Article 33 the leadership bodies, the architects ' commissions from Romania and territorial branches are elected by secret vote of the majority of participants with voting rights.


Article 34 organisation and functioning of the order of Architects from Romania will be established by the Regulation, approved by the National Conference.


Section 2 of the territorial Branches of the order of architects from Romania Article 35 (1) at the level of counties with at least 50 members, as well as in Bucharest will be set up by free association of the territorial branches, bringing the total number of architects in the territory of the district.
  

(2) If a County there are fewer than 50 members, will be able to set up branches of the territorial Association of architects with their homes in surrounding counties, until their number reaches at least 50 members.
  

(3) within a county or in an area made up of two or more adjacent counties as well as in Bucharest you can set up a single branch of the order.
  

(4) the territorial Branches acquired legal personality under private law from the date of incorporation to the general meeting of members, during which they will establish: (a) the residence of the town) branch and headquarters;
  

b) leadership bodies of the subsidiary.
  


Article 36 since their territorial branches will draw up its own regulations on the basis of the framework regulation at the national level, approved by the National Conference of the architects ' from Romania.


Section 3 of the National Dashboard Architects Article 37 (1) to centralize record architects from around the country set up dispatch board of Architects, which is published annually in the Official Gazette of Romania, part I.
  

(2) registration of the form in which highlights Architects registered members exercising the right signature, address and branch to which they belong.
  

(3) registration of the Architects allows exercising the right of signature on the whole territory of Romania.
  

(4) the architects who have the right signature suspended, regardless of reason, will be highlighted separately in part II of the National Association of architects.
  


Article 38 order of Architects from Romania issue the documents necessary architects Romanian citizens who wish to exercise their profession in the Member States of the European Union, the Member States of the European Economic area, to the Swiss Confederation, as well as in third countries.


Section 4 of the reprimanding Article 39 (1) members of the order of architects from Romania respond to disciplinary action for violation of this law, the code of conduct of the profession, to own decisions adopted by the leadership bodies of the skill, as well as for any infringements committed in connection with the profession or outside injurious prestige profession or order.
  

(2) disciplinary Penalties are: a) warning;
  

b) vote of censure;
  


c) suspension for a period of 6-12 months of signature;
  

d) suspension for a period of 6-12 months membership of the order of Architects from Romania.
  

(3) the penalties provided for in paragraph 1. (2) (a). b)) shall apply to the territorial director College, on a proposal from the Commission by discipline.
  

(4) the penalties provided for in paragraph 1. (2) (a). c) and (d)) apply to the National Council of the order, the territorial commissions proposals of discipline, by the decision of the Disciplinary Committee at the national level.
  

(5) against the territorial Commission for discipline, which he applied one of the disciplinary sanctions specified in paragraph 2. (2) (a). the a and b)), the opposition may be at the National Commission of discipline within 30 days of notification of the judgment.
  

(6) against the ruling National Committee of discipline, which has imposed a disciplinary penalty referred to in paragraph 1. (2) the notice of opposition may be, the Administrative Court of competent jurisdiction, within 30 days of notification of the judgment.
  

(7) under the terms of the trial procedure neînceperii irregularities, applying sanctions be brought within 2 years after committing them.
  


Article 40 (1) of the order of the disciplinary Commissions Architects from Romania are organs with jurisdictional activity and are organized at national and regional levels for each branch office.
  

(2) the National Commission of discipline is composed of five architects with at least 10 years old, of which necessarily 3 copyrighted signature architects.
  

(3) the Disciplinary Committee shall elect its Chairman from among its members.
  

(4) the decisions of the boards of discipline shall be validated by a simple majority of votes.
  

(5) the procedure resulting from the Regulation deviations of the order of Architects from Romania and supplemented the provisions of the code of civil procedure.
  


Article 41 After one year of application of the decision of the permanent withdrawal of the right of signature or in the quality of Member of the order of architects from Romania concerned may request review of the decision. In case of rejection, a new application may not be made until after a year.


Article 42 where the courts pronounce final judgment of conviction of an architect with the right signature for criminal offences related to occupation or apply additional sanction of prohibition of exercise of the profession, a backup on your judgment will be communicated from the architects ' Romania subsidiary, organised at territorial level, to operate the scoreboard architects in which is domiciled.


Chapter IV transitional and final Provisions Article 43 within one year from the date of entry into force of this law all architects with Bachelor's degree or rank awarded by institutions of higher education of architecture with a minimum duration of five years, will receive, on the basis of requests, enrolling in order of Architects from Romania and the architects of the radius of the subsidiary where domiciles and will be able to exercise the right of signature regardless of seniority in the profession.


Article 44 (1) the title of Bachelor's degree graduates with conductors architects awarded by institutions of higher education of architecture accredited by the Romanian State, with duration of studies of at least three years.
  

(2) in connection with architects, graduates with Bachelor's institutions of higher education of architecture with duration of studies of at least three years, may require an entry in one of the territorial branches of the order of architects from Romania, in whose RADIUS domiciles.
  

(3) in connection with architects, graduates with Bachelor's degree until the date of entry into force of this law, and graduates of the next three years from the date of entry into force of this law may be granted a right of signature limited to categories of works for which the law recognizes this right.
  

(4) Technicians architects, graduates of the Technical School of architecture and the construction of Cities-SATHISH-until 1973, including with a work experience of not less than 7 years by completing surveys, acquired the diploma of architect, the conductor will receive a right of signature without making another professional practice.
  


Article 45 in order to protect copyright members of the order of architects from Romania may request registration studies, plans and projects developed in Special Order records, receiving such a definite date.


Article 46 After 12 months from the date of entry into force of this law, for all who will exercise the profession of architect without having to meet its proposed provisions will be disciplinary, administrative or criminal complaint, as appropriate.


Article 47 (1) within 60 days after the date of publication of this law in the Official Gazette of Romania, part I, the Committee consisted of representatives of professional associations in the field ensures that the convening of the National Conference on the Constitution of the order of Architects from Romania.
  

(2) within 90 days after the date of publication of this law in the Official Gazette of Romania, part I, the National Conference will adopt a framework regulation of the order of Architects from Romania and the code of conduct of the profession of architect.
  


Article 48 for the establishment of the territorial branches, Union of architects from Romania, established by Decree-Law No. 127/1990 on measures relating to the work of architects Union from Romania and territorial associations of architects, will make available its its data bank, listed in the national register of architects, members and the entire archive.


Article 49 in the case of invitations to tender and the design contests in the field of architecture and town planning, at least one third of the members of the Evaluation Committee or jury must be the architects of the signature of a representative of the order and a representative of an institution of higher education of architecture accredited by the Romanian State.


Article 50 within 3 months following the entry into force of provisions of this law, the Government will approve the methodological norms *) for its application, which shall contain: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see Judgment No. 932/2010 approving detailed procedures for the application of law No. 184/2001 on the Organization and practice of the profession of architect, published in the Official Gazette of Romania, part I, no. 645 of 16 September 2010, with subsequent amendments.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ a) methodology for the automatic recognition of diplomas and other similar documents issued by institutions of higher education of architecture, recognised by the Romanian State or of the Member States of the European Union, the Member States of the European Economic area and the Swiss Confederation;
  

b) methodology and institutions competent to issue the documents needed to obtain the right of signature in accordance with the provisions of art. 11 and 12;
  

(c) the authority empowered to issue) the necessary documentation architects Romanian citizens who wish to exercise their profession in the Member States of the European Union, the Member States of the European Economic area or the Swiss Confederation.
  


Article 51 (1) the provisions of art. 4, 5 and 12, as well as those that refer to these shall apply to nationals of Member States of the European Union, nationals of Member States of the European Economic area and Swiss nationals from the date of accession of Romania to the European Union.
  

(2) up to the date of accession of Romania to the European Union, nationals of Member States of the European Union, nationals of Member States of the European Economic area and Swiss nationals will recognise the equivalence of professional qualifications through studies, according to the law.
  


The provisions of article 52 of this law shall be supplemented by the provisions of Emergency Ordinance of Government No. 49/2009 concerning the freedom of establishment of service providers and the freedom to provide services in Romania, approved with amendments and completions by law No. 68/2010, and with the provisions of law No. 200/2004 concerning the recognition of diplomas and professional qualifications for regulated professions from Romania, as amended and supplemented, to the extent that they are not contrary to the provisions of this law.
----------
Art. Amended 52 of point 7 of article. in ORDER No. 12 of 27 January 2016, published in MONITORUL OFICIAL nr. 68 of 29 January 2016.


Article 53 (1) this law shall enter into force within 60 days after its publication in the Official Gazette of Romania, part I *).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 184/2001 was published in the Official Gazette of Romania, part I, no. 195 of 18 April 2001.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) Any other provisions contrary to this law are hereby repealed.
  

*

This law transposes the provisions of art. 3 paragraphs 1 and 2. (1) (a). d), art. 3 paragraphs 1 and 2. (3), art. 4, art. 6 (partially), art. 7 para. (1) and (2), art. 8 para. (1), art. 21. (1), art. 47, art. 48 para. (2), art. 50 para. (2), art. 54, art. 55A, art. 56 para. (2), art. 56A para. (2) and article 3. 57A para. (1) and (2) of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as published in the official journal of the European communities, L series, no. 255 of 30 September 2005, amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No. 1024/2012 concerning administrative cooperation through the information System of the internal market (' regulation I "), published in the official journal of the European communities, L series, no. 354 dated December 28, 2013.
----------the mention regarding the transposition of the rules of European Union law has been amended by section 8 of article. in ORDER No. 12 of 27 January 2016, published in MONITORUL OFICIAL nr. 68 of 29 January 2016.
------