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Law No. 327 Of 27 May 2002 Approving Government Emergency Ordinance Nr. 82/2000 For The Modification And Completion Of The Law #. 188/1999 On The Status Of Civil Servants

Original Language Title:  LEGE nr. 327 din 27 mai 2002 privind aprobarea Ordonanţei de urgenţă a Guvernului nr. 82/2000 pentru modificarea şi completarea Legii nr. 188/1999 privind Statutul funcţionarilor publici

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LEGE no. 327 327 of 27 May 2002 on approval Government Emergency Ordinance no. 82/2000 to amend and supplement Law no. 188/1999 on the Staff Regulations
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 422 422 of 18 June 2002



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 82 82 of 19 June 2000 to amend and supplement Law no. 188/1999 on the Statute of civil servants, published in the Official Gazette of Romania, Part I, no. 293 of 28 June 2000, with the following amendments and additions: 1. In Article I, point 3, Article 11 shall read as follows: "" Art. 11. -Each class is divided into three degrees. The hierarchical structure of the ranks is as follows: grade 3, grade 2 and grade 1, as a maximum level. " 2. In Article I, point 5, paragraph 1 of Article 13 shall read as follows: "" Art. 13. -(1) The public servant shall retain his class and degree when he no longer holds the public office for reasons not attributable to him. In this case the National Agency of Public Servants will provide the civil servant with another public holiday function, according to his professional training. " 3. In Article I, point 6, the introductory part of Article 14 shall read as follows: "" Art. 14. -In the career of the civil servant the categories, classes and grades corresponding to the occupied public office are as follows: 4. Article I (8) (b) of paragraph 1 of Article 25 shall read as follows: " b) the documents concerning the annual evaluation of the individual professional performance of the civil servant in the performance of the public office, the advances in functions, grades, classes or categories, the disciplinary sanctions applied to him, and modification or termination of service relations, chronologically ordered and without discontinuities. " 5. In Article I, point 11, paragraph 1 of Article 51 shall read as follows: "" Art. 51. -(1) Persons who have held elected or appointed public dignity functions or functions assimilated to them, according to the law, as well as those who held specialized positions outside the public authorities or institutions may be appointed, following the contest, in final public offices. These persons will be named in the category corresponding to graduate studies, in the class and degree corresponding to seniority in the function of public or specialized dignity, plus, if applicable, the seniority in public offices held previously. By seniority in the specialty it is understood the period in which the civil servant carried out an activity corresponding to his specialization in another public or private institution. " 6. In Article I, paragraph 12, paragraph 1 of Article 54 shall read as follows: "" Art. 54. -(1) At the end of the internship period, on the basis of the result of the evaluation 53 53 para. (3), the junior civil servant shall be appointed as a definitive public servant third grade 3, in the category corresponding to the level of graduate studies, or he is obliged to repeat, only once, the period of internship. In relation to the outcome of the assessment carried out after the repetition of the internship period, the junior civil servant shall be appointed as a public official or shall be released from public office for professional incompetence. If during the period of internship the junior civil servant of category C or, as the case may be, B has obtained a diploma of higher level studies to that held in the specialty, it shall be completed in the public office of category B or, as the case may be, A. In this internship period represents the difference between the duration of the internship period corresponding to the category of graduate studies, according to art. 52 52 para. ((2), and the period worked on the lower category. At the end of the internship period thus established the junior civil servant will be evaluated according to art. 53 53 para. ((3). ' 7. In Article I, paragraph 22, paragraph 2 of Article 91 shall read as follows: " (2) The transfer in the interest of the service may be made only with the written consent of the transferred public official. In this case the civil servant retains his previously acquired class and degree. In the case of transfer on request, by exception, with the written consent of the public official, the classification can be done in a class and in a degree below those previously acquired. " 8. In Article I, paragraph 26, paragraph 1 of Article 97 shall read as follows: "" Art. 97. -(1) The officials of an indefinite period within the public authorities or institutions shall be appointed to the public offices corresponding to the posts they occupy, in compliance with the provisions of this law, until 31 December 2001 " 9. in Article IV, after letter d) the letter e) is inserted with the following contents: "" e) in the case of public functions in the institutes subordinated to the local public administration authorities, the same equivalence rules laid down in lett. d). " 10. On the note of the Annex, point (5) is inserted after point 4: "" Five. For the purposes of this Law, by specific public office shall be understood the public office of execution or management whose name does not appear in the annex to the law, but in whose content the defining elements of a public office are found, in the sense law, and may be assimilated to the categories of public office set out in the Annex to the Act. This law was adopted by the Senate at the meeting of April 22, 2001, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of May 9, 2002, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC --------