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Law No. 24 December 17 1969 Concerning The Organization And Functioning Of The Council Of Ministers Of The Socialist Republic Of Romania

Original Language Title:  LEGE nr. 24 din 17 decembrie 1969 privind organizarea şi funcţionarea Consiliului de Miniştri al Republicii Socialiste România

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LEGE no. 24 24 of 17 December 1969 on the organization and functioning of the Council of Ministers of the Socialist Republic
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 146 146 of 17 December 1969



EXPLANATORY MEMORANDUM In the documents of the National Conference of the Romanian Communist Party of December 1967, as well as in the documents of the 10th Congress of the Romanian Communist party, it was indicated the need to further improve the work of the Council of Ministers creating the supreme body of the state administration the possibility to devote a greater part of its activity to studying the perspective problems of the country's development, in order to prepare the decisions to be taken, especially in the field of economically. In this regard, the documents indicated, among other measures, the increase of the duties of the Vice-Presidents of the Council of Ministers, submitting to the debate of the plenum of the Council of Ministers or its Permanent Bureau only issues of particular importance or looking at collaboration and coordination between several branches or areas of activity. On the basis of these documents, the Council of Ministers has, to an increasing extent, dedicated its work to the debate and resolution of the fundamental problems of the national economy. At the same time he also continuously increased the role of the Vice-Presidents of the Council of Ministers, especially regarding the guidance, coordination and control of branches or areas of activity entrusted to them by the Council of Ministers. However, the normative act of organization and functioning of the Council of Ministers- Law no. 20/1967 --does not adequately reflect the tasks that, under the current conditions or areas of activity that have been assigned to them. Compared to the continuous increase of the role and responsibility of the Vice-Presidents of the Council of Ministers in the guidance, coordination and control of the branches or areas of activity entrusted to them, a new regulation of their duties was imposed, towards create the legislative framework corresponding to these requirements, improving the provisions of the old regulation. On the other hand, the improvement of the regulation on the duties of the Vice-Presidents of the Council of Ministers has also imposed an appropriate improvement on the duties exercised by the members of the Council of Ministers leading the Ministries or other central organs of the state administration. In order to carry out the above mentioned legislation, it was necessary to improve the regulation on the organization and functioning of the Council of Ministers, as follows: 1.-With regard to the duties of the First Vice-President and Vice-Presidents of the Council of Ministers in the branches or fields of activity they coordinate: -exercise the guidance, coordination and control of branches or areas of activity established by the Council of Ministers, as well as the general control of the activity of any state administration bodies, economic organizations, enterprises and state institutions; -exercises in the same branches or fields of activity, a series of powers regarding the organization and control of the application of party and state decisions, as well as the guidance and control of the central bodies of the state administration, responding for the implementation by these bodies of the state plan and budget, and for their entire activity; the guidance of the elaboration of the plan projects; coordination of the management and planning national economy; analysis and arrangement of measures to ensure ministries and other central bodies of technical-material supply; pursuit of measures to broaden external trade; pursue and guide cooperation and economic, technical and scientific cooperation with other countries; the work of measures to promote scientific research, policy of selection and promotion of frameworks; regular analysis of the work of the management of ministries and other central bodies of the state administration, as well as units subordinated to them; the giving of approvals within the limits of competence established by the Council of Ministers and informing the Permanent Bureau of the Council of Ministers on the main measures they have taken; the control of the application of the provisions on the implementation of measures to improve the level of life of population, determined under the state plan, responding to the provision of population supply; -respond, together with the ministers and heads of the other central bodies, the draft normative acts and other materials submitted to the Council of Ministers; -in the exercise of their duties, use a specialized apparatus; for the control of the fulfilment of the decisions of the Council of Ministers and for the analysis of more important or complex problems, the Vice-Presidents may order the establishment of collective of specialists. 2.-On the duties of the members of the Council of Ministers who lead ministries and other central bodies of the state administration; -organize and control the application of the party and state decisions, responding to their application in the branch or their field of activity; -I am responsible for the elaboration of the projects of the annual and prospective plans in the economic and social-cultural field; -ensures the implementation of measures to improve the management and planning of the national economy; they have measures on the superior valorisation of natural resources, concern themselves and take measures to continue the scientific organization of production and a work; -are responsible for carrying out the investment plan and controlling the realization of the projected parameters; -guide and respond to the organization of research and design activity, as well as to capitalize on the results of scientific research; take measures to introduce new technique; -take measures on: continuous improvement of product quality and enrichment of assortments; reduction of production costs; increase of labor productivity; bear responsibility for the organization of quality control; -take measures regarding the collaboration and economic, technical and scientific cooperation between enterprises and industrial plants in the country, as well as externally; organize and coordinate the performance of the tasks arising from this activity; -organizes the technical-material supply of enterprises and economic organizations; -take measures relating to the organisation and control of production intended for export and, in general, to the promotion of foreign trade; -take measures to apply the policy of selection and promotion of cadres; establish the necessary frameworks in perspective and take, according to the law, measures on their preparation, improvement and specialization. Whereas in the regulation on the organization and functioning of the Council of Ministers it is stipulated that the members of the Council of Ministers who lead ministries and other central bodies of the state administration present to the Council of Ministers on the activity of these organs, in the law was registered, among the duties of the Council of Ministers, the attribution of the supreme body of the state administration to listen to the work of the ministries and other central organs of the state administration. This task can also be exercised with regard to the local bodies of the state administration, which the Council of Ministers leads. Given the importance of the improvements required by the organization and functioning of the Council of Ministers, it was appreciated that it is advisable to adopt a new normative act of organization and functioning of the supreme body of the state administration, repealing Law no. 20/1967 . To this end, the law was voted. The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 The Council of Ministers of the Socialist Republic of Romania, supreme organ of the state administration, exercises the general management of the executive activity throughout the country, having as main task the implementation of the political general line and the directives of the Romanian Communist Party on the harmonious development of all national economic branches and the multilateral progress of the country. + Article 2 The Council of Ministers is elected by the Grand National Assembly for the duration of the legislature, in its first session, and works until the election of the new Council of Ministers in the next legislature. + Article 3 The Council of Ministers operates according to the principle of collective management. The Council of Ministers in its entirety and each of its members are accountable to the Grand National Assembly, and in the interval between the sessions, before the State Council. Each member of the Council of Ministers shall be responsible both for his or her own activity and for the entire activity of the Council of Ministers. + Chapter 2 Tasks of the Council of Ministers + Article 4 The Council of Ministers has the following tasks: a) establish general measures for the implementation of internal and external policy; b) decides the necessary measures regarding the organization and enforcement of the laws; c) leads, coordinates and controls the activity of the ministries and other central bodies of the state administration, as well as the local bodies of the state administration; d) elaborates the draft state plan and the draft state budget, as well as any other draft laws; elaborates draft decrees; e) establishes measures for the implementation of the state plan and the state budget; draws up the general report on the fulfilment of the state plan and the general account for the end of the budget year; f) establish economic organizations, enterprises and state institutions of republican interest; g) take measures to ensure public order, defend the interests of the state and protect the rights of citizens; h) takes measures, according to the decisions of the Defence Council of the Socialist Republic of Romania, for the general organization of the armed forces and the fixing of the annual quotas of citizens to be called to the military service; i) exercise the general leadership in the field of relations with other states and take measures to conclude international agreements; j) support the activity of mass and public organizations; k) exercise any other duties established by law. + Article 5 The Council of Ministers shall organise the information of the public opinion on the main measures it takes in the implementation of internal and external policy. + Chapter 3 Organisation and functioning of the Council of Ministers + Article 6 The Council of Ministers consists of: the President of the Council of Ministers, the First Vice-President and the Vice President of the Council of Ministers, the Ministers, as well as the President of the Security Council of the State, Chairman of the Planning, Chairman of the Prices Committee, Chairman of the State Committee on Economy and Local Government, President of the National Scientific Research Council and Chairman of the State Committee on Culture and Art. The Council of Ministers also includes the President of the Central Council of the General Union of Trade Unions and the President of the National Union of Agricultural Cooperatives of Production; the first secretary of the Central Committee of the Youth Union Communist is part of the Council of Ministers as Minister for Youth Affairs. + Article 7 The President, First Vice-President and Vice-Presidents of the Council of Ministers make up the Permanent Bureau of the Council of Ministers. The Chairman of the State Planning Committee and the Minister of Finance attend the work of the Permanent Bureau of the Council of Ministers. + Article 8 At the meetings of the Council of Ministers may be convened heads of central bodies of the state administration who are not members of the Council of Ministers; also, the Council of Ministers may invite representatives of the central bodies of the public organizations, as well as any person whose presence is assessed to be useful. + Article 9 The Council of Ministers is supported in the resolution of issues of commissions and councils of a permanent or temporary nature, whose organization and way of carrying out the activity shall be determined by the decision of the Council of Ministers. + Article 10 In carrying out its duties, the Council of Ministers shall adopt decisions on the basis of and in order to enforce the laws. The rules on the presentation of proposals for the adoption of decisions, as well as the conduct of meetings of the Council of Ministers, shall be determined by the decision of the Council of Ministers. The normative decisions shall be published in the Official Bulletin of the Socialist Republic of Romania. + Chapter 4 Powers of the President, First Vice-President, Vice-Presidents and Other Members of the Council of Ministers + Article 11 The President of the Council of Ministers leads, directs and coordinates the entire activity of all the duties of the Council of Ministers as the supreme organ of the state administration. The President of the Council of Ministers represents the Council of Ministers in its relations with the organs and organizations in the country, as well as in international relations. Decisions of the Council of Ministers shall be signed by the President of the Council of Ministers. + Article 12 The Council of Ministers may decide that some of the duties of the President shall be fulfilled, on a permanent basis and under his direction, by the First Vice-President of the Council of Ministers. In the event of lack or prevention for any reasons of the President's exercise of his duties, these shall be fulfilled by the First Vice-President of the Council of Ministers. + Article 13 The First Vice-President and Vice-Presidents of the Council of Ministers shall assist the President of the Council of Ministers in carrying out his duties + Article 14 The First Vice-President and Vice-Presidents of the Council of Ministers exercise the guidance, coordination and control of branches or areas of activity established by the Council of Ministers; they also have the right to exercise the general control of the activity any state administration bodies, economic organizations, enterprises and state institutions. + Article 15 In the branches or fields of activity they are responsible for, the First Vice-President and Vice-Presidents of the Council of Ministers: a) organizes and controls the application of party and state decisions; directs and controls the work of ministries and other central bodies of the state administration, according to the distribution established by the Council of Ministers; the fulfilment by these bodies of the State plan and budget, as well as their entire activity; b) guide the activity of elaboration of annual and prospective plan projects in the economic and social-cultural fields; c) coordinate the work of developing and carrying out measures to improve the management and planning of the national economy; d) analyze and have measures-in order to achieve the state plan-for the provision by ministries and other central bodies of the state administration of technical-material supply of enterprises and economic organizations; e) aim to carry out measures regarding the expansion of foreign trade; follow and guide the activity of collaboration and economic, technical and scientific cooperation with other countries; export, as well as the competitiveness of these products on foreign markets; f) follow and take measures to promote the scientific research activity corresponding to the requirements of the national economy; g) control the application of the provisions on the implementation of measures to improve the living standards of the determined population within the state plan and are responsible for ensuring the supply of the population; h) periodically analyzes the activity of the management of ministries and other central bodies of the state administration, of the units subordinated to them, in connection with the overall development of branches or fields of activity; i) answer for the application of the policy of selection and promotion of the driving staff; follow and guide the training and refresher activity of the staff; j) give approvals within the competence established by the Council of Ministers; k) inform the Permanent Bureau of the Council of Ministers of the main measures they have taken; l) exercise any powers provided by law or tasks given by the Council of Ministers. + Article 16 The First Vice-President and Vice-Presidents of the Council of Ministers shall respond, together with the ministers and heads of the other central bodies of the state administration whose activity they coordinate, the draft normative acts, the studies and proposals submitted to the Council of Ministers. + Article 17 In the exercise of their duties, the First Vice-President and Vice-Presidents of the Council of Ministers shall use a specialist apparatus, the structure of which shall be determined by the decision of the Council of Ministers. In order to control the fulfilment of the decisions of the Council of Ministers, as well as to analyse more important or complex issues, the first vice-president and vice-presidents of the Council of Ministers may order the establishment of collective specialists from the ministries, the other central bodies, as well as from the local bodies of the state administration. + Article 18 The members of the Council of Ministers, heads of ministries or other central bodies of the state administration, ensure the application of the party's policy by responding to the activity of these organs before the Council of Ministers. + Article 19 Under the conditions established by the laws of organization and functioning or by other laws, the members of the Council of Ministers of ministries or other central bodies of the state administration; a) organize and control the application of party and state decisions, responding to their way of application in the branch or their field of activity; b) respond to the elaboration of the projects of annual and prospective plans in the economic and social-cultural fields; c) ensure the implementation of measures to improve the management and planning of the national economy; have measures regarding the superior valorization of material resources; concern themselves and take measures to continue scientific organization of production and work; d) respond to the realization of the investment plan and the control of the realization of the parameters e) guide and respond to the organziation of research and design activity, as well as to capitalize on the results of scientific research; take measures to introduce new technique; f) take measures regarding: continuous improvement of product quality and enrichment of assortments; reduction of production costs; increase of labor productivity; bear the responsibility for the organization of quality control; g) take measures with regard to economic, technical and scientific cooperation and cooperation between enterprises and industrial plants in the country, as well as externally; organize and coordinate the performance of tasks arising from this activity; h) organizes the technical-material supply of enterprises and economic organizations; i) Take measures regarding the organisation and control of production intended for export and, in general, the promotion of foreign trade; j) take measures for the application of the policy of selection and promotion of cadres; establish the necessary frameworks in perspective and take, according to the law, measures on their preparation, improvement and specialization; k) exercise any powers established by normative acts of organization and functioning of the ministries and other central bodies of the state administration that they lead or through other normative acts. + Article 20 Under the conditions established by the laws of organization and functioning of the ministries and other central bodies of the state administration, the ministers and heads of these bodies shall issue, in order to execute the laws and decisions of the Council of Ministers, orders, instructions and other acts provided for by law. + Article 21 Members of the Council of Ministers: a) participate in the debates of the Council of Ministers and the adoption of their decisions; b) propose to the Council of Ministers draft normative acts, as well as any measures of competence. + Chapter 5 General Secretariat of the Council of Ministers + Article 22 The Council of Ministers has a General Secretariat. The General Secretariat of the Council of Ministers shall be headed by the Secretary-General of the Council of Ministers attending the meetings of the Council of Ministers. The organizational structure, duties and operating rules of the General Secretariat of the Council of Ministers shall be established by the Council of Ministers. + Chapter 6 Final provisions + Article 23 Law no. 20 20 of 9 December 1967 on the organization and functioning of the Council of Ministers of the Socialist Republic of Romania, as amended by Law no. 3 3 of 13 March 1969 , as well as other provisions contrary to this law, shall be repealed. ---------------