LEGE no. 360 360 of 6 June 2002 (* updated *) on the Staff Regulations ((updated until 23 June 2016 *)
ISSUER
PARLIAMENT
---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The policeman is a civil civil servant, with special status, armed, who carries, as a rule, his uniform and exercises the duties established for the Romanian Police by law, as a specialized institution of the state. ... (2) The exercise of the police profession implies, by its nature, special duties and risks. ... (3) The special status is conferred by the special duties and risks, the port of arms and the other differentiations provided for in this Statute. ... + Article 2 (1) The policeman is invested with the exercise of public authority, during and in connection with the performance of duties and duties, within the limits of the powers established by law. ... (2) The authority of the office may not be exercised for personal interest. ... + Article 3 The policeman carries out his professional activity in the interest and in the support of the person, community and state institutions, exclusively on the basis and in the execution of the law, in compliance with the principles of impartiality, Graduation. + Article 4 (1) The policeman is obliged to respect the fundamental rights and freedoms of man, the Constitution and the laws of the country, the oath of allegiance to Romania, the provisions of the service regulations and to fulfill the legal orders and provisions of the Hierarchical heads of professional activity. ... ----------- Alin. ((1) of art. 4 4 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. (2) The policeman responds, under the law, for the way in which he performs his duties. ... + Article 5 The hierarchical heads of the Romanian Police are responsible for the legality of the provisions given to They are obliged to check whether they have been transmitted and understood correctly and to control how they perform. + Article 6 The policeman benefits from compensatory rights granted under this law for the special conditions and the risks involved in the exercise of the profession. + Article 7 The quality of policeman is acquired and is lost under the conditions provided by this law. + Chapter II Career of policeman ---------- The title of Chapter II has been amended by point 1 1 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Section 1 Police selection and training + Article 8 The police profession can only be exercised by the person who has acquired this quality, under the law. + Article 9 (1) Police officers come, as a rule, from the graduates of the educational institutions of the Ministry of Internal Affairs. ... ----------- Alin. ((1) of art. 9 9 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (2) Police officers may also come from among police officers graduates with a bachelor's degree or equivalent of higher education institutions with a profile corresponding to the specialties needed by the police. ... ---------- Alin. ((2) of art. 9 9 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (2 ^ 1) In relation to the operative needs of the structures of the Ministry of Internal Affairs, for the occupation of vacant execution functions can be reframed as police persons to whom the service relations have ceased under the conditions of art. 69 69 para. ((1) lit. b), d)-f) and j), who have studies corresponding to the requirements of the post and meet the legal conditions, according to the category they were part of. ---------- Alin. (2 ^ 1) of art. 9 9 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 3 3 of 24 February 2016 published in MONITORUL OFFICIAL no. 144 144 of 25 February 2016. (2 ^ 2) By exception to the provisions of par. (1) and (2), in order to reduce the shortage of police officers in the structures of the Ministry of Internal Affairs, can be directly or transferred from the institutions of the defense system, public order and national security, on vacant execution positions of policeman, persons with studies corresponding to the requirements of the post and who meet the legal ---------- Alin. (2 ^ 2) of art. 9 9 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 3 3 of 24 February 2016 published in MONITORUL OFFICIAL no. 144 144 of 25 February 2016. (3) For some functions may be directly or transferred from public defense and national security institutions specialists with studies corresponding to the requirements of the post and who meet the legal conditions. ... ----------- Alin. ((3) of art. 9 9 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. (4) Admission to the educational institutions of the Ministry of Internal Affairs is carried out by competition. ... ----------- Alin. ((4) of art. 9 9 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (5) Occupation of police functions under the conditions of par. (2 ^ 1), (2 ^ 2) and (3) are carried out by competition or exam, as the case may be. ... ---------- Alin. ((5) of art. 9 9 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 3 3 of 24 February 2016 published in MONITORUL OFFICIAL no. 144 144 of 25 February 2016. + Article 10 (1) At the admission competition in the educational institutions of the Ministry of Internal Affairs and at the occupation of the police officers 9 9 para. (2 ^ 1), (2 ^ 2) and (3) has access any person, regardless of race, nationality, sex, religion, wealth or social origin, who meets, in addition to the general legal conditions provided for public officials, and the following special conditions: ... ---------- Part introd. a para. ((1) of art. 10 10 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 3 3 of 24 February 2016 published in MONITORUL OFFICIAL no. 144 144 of 25 February 2016. a) be medically, physically and psychologically fit; ... ---------- Lit. a) a par. ((1) of art. 10 10 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. b) have no criminal record or not be prosecuted or prosecuted for committing crimes; ... c) to have a behavior corresponding to the principles governing the profession of policeman. ... ---------- Lit. c) a par. ((1) of art. 10 10 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (2) In the first year of activity, the policeman assigned directly or transferred must follow a course for career initiation in the professional training institutions of the Ministry of Internal Affairs. ... ---------- Alin. ((2) of art. 10 10 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (2 ^ 1) Career initiation courses are professional training programs organized according to the specific functions/positions of the Ministry of Internal Affairs and have a duration of at least: a) 3 months, for the policeman who acquired this quality under the conditions of art. 9 9 para. ((2 ^ 2); ... b) 4 weeks, for the policeman who acquired this quality under the conditions of art. 9 9 para. ((3). ... ---------- Alin. (2 ^ 1) of art. 10 10 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (3) Candidates who have promoted the admission contest in the educational institutions of the Ministry of Internal Affairs, as well as the persons who are to occupy the positions of policeman under the conditions of 9 9 para. (2 ^ 1), (2 ^ 2) and (3) must not be a member of any political party or political organization. ... ---------- Alin. ((3) of art. 10 10 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 3 3 of 24 February 2016 published in MONITORUL OFFICIAL no. 144 144 of 25 February 2016. (4) If during the period of the police activity or studies in the educational institutions of the Ministry of Internal Affairs, any of the situations provided in art. 45 45 para. ((1), the measure shall be taken to dismiss the person concerned or the expulsion, as the case may be. In situations where the student, student or policeman is under criminal investigation or trial, the measure of expulsion, namely that of dismissal, is taken after the final stay of the judgment of conviction of the court. ... ----------- Alin. ((4) of art. 10 10 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (5) Recruitment and selection of candidates for admission competitions in own educational institutions and to fill the positions of policeman under the conditions of art. 9 9 para. (2 ^ 1), (2 ^ 2) and (3) are carried out according to the rules established by order of the Minister of Internal Affairs. ... ---------- Alin. ((5) of art. 10 10 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 3 3 of 24 February 2016 published in MONITORUL OFFICIAL no. 144 144 of 25 February 2016. + Article 11 (1) The Ministry of Internal Affairs, through the specialized structures, ensures the continuous training of the police to raise the professional level ... ----------- Alin. ((1) of art. 11 11 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". ((2) Abrogat. ... ---------- Alin. ((2) of art. 11 11 has been repealed by section 6.6. 6 6 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (3) The continuing professional training of the policeman, for career development, shall be ensured by: ... a) professional capacity courses for obtaining professional degrees of: police chief commissioner, police sub-commissioner or police chief agent; ... b) courses for changing the specialty/work profile; ... c) other courses necessary to carry out the duties of the post, carried out in the country ... ---------- Alin. ((3) of art. 11 11 has been amended by section 7 7 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 12 In the training programs of future police officers, students or students from the educational institutions of the Ministry of Internal Affairs, specific activities are provided for military training, for the first year of studies, which ensures them, after the promotion this year, the equivalence of fulfilling compulsory military service. ----------- Article 12 has been amended in accordance with the letter. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". + Section 2 Obtaining professional degrees and framing the police in professional categories and degrees + Article 13 (1) Police officers may be debuts or definitively. ... (2) The junior police officers are the persons who occupy, during the internship period, a position within the Romanian Police. ... + Article 14 (1) The police officers fall into two categories, defined in relation to the level of the necessary studies, as follows: ... a) category A-Police officers ' body-includes police officers with higher education; ... b) category B-The body of police officers-includes police agents with high school or post-secondary education with a diploma. ... (2) The categories of police officers shall be divided into professional bodies and degrees, as follows: ... I. Police officers ' body: a) General Police Quaestor; ... b) Police Chief Quaestor; ... c) Senior Police Quaestor; ... d) Police Quaestor; ... e) Chief Commissioner of Police; ... f) Police Commissioner; ... g) police sub-commissioner; ... h) Senior Inspector of Police; ... i) police inspector; ... j) police sub-inspector. ... ----------- Pct. I al para. ((2) of art. 14 14 has been amended by section 8 8 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. II. Police officers ' body: a) Senior Chief Constable; ... b) Chief Constable; ... c) Deputy Chief Constable; ... d) Senior police officer; ... e) police officer. ... (3) The professional degrees of quaestor, chief commissioner and commissioner can only be obtained by officers with long-term higher education, graduated with a bachelor's degree or equivalent. ... + Article 15 (1) The granting of professional degrees shall be made by advancement by: ... a) President of Romania, for police officers at the rank of police superintendent, chief police officer, chief police officer and general police quaestor, at the proposal of the Minister of Internal Affairs; ... b) Minister of Internal Affairs, for other police officers, at the proposal of the Inspector General of the Romanian Police; ... c) Inspector General of the Romanian Police and heads of the other structures of the Ministry of Internal Affairs, according to the competences established by order of the Minister of Administration and Interior, for the police ... ----------- Alin. ((1) of art. 15 15 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". ((2) Abrogat. ... ----------- Alin. ((2) of art. 15 15 has been repealed by section 6.6. 10 10 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. + Article 16 (1) For obtaining the following professional degree the policeman must cumulatively meet the following conditions: ... a) have completed the minimum internship in the professional degree held or to fulfill it during the respective calendar year; ... ----------- Lit. a) a par. ((1) of art. 16 16 has been amended by section 4.2 1 1 of art. I of LAW no. 133 133 of 27 June 2011 , published in MONITORUL OFFICIAL no. 448 448 of 27 June 2011. b) to have been appreciated for the entire period of the minimum internship in grade with the rating of at least "good". The years in which the policeman was awarded his lower rating or not assessed does not fall into the calculation of the minimum internship in grade. ... ----------- Lit. b) a par. ((1) of art. 16 16 has been amended by section 4.2 1 1 of art. I of LAW no. 133 133 of 27 June 2011 , published in MONITORUL OFFICIAL no. 448 448 of 27 June 2011. ((1 ^ 1) The granting of the following professional degree, within the same category, is made in the hierarchical order of the grades, within the number of posts provided with the respective degrees, approved by the Minister of Internal Affairs. ---------- Alin. ((1 ^ 1) of art. 16 16 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (2) The professional degree of police chief commissioner, police sub-commissioner or police chief agent can be obtained following the completion of a professional capacity course, organized for that professional degree. ... ---------- Alin. ((2) of art. 16 16 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (2 ^ 1) They are exempted from the completion of the course provided in par. (2) the police officer who completed a postgraduate course, a master's degree program or who acquired the scientific title of doctor in the field of management or in the specialty of basic function studies, as well as the police agent who Graduate studies. ---------- Alin. (2 ^ 1) of art. 16 16 has been introduced by section 10 10 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (2 ^ 2) The professional degree of quaestor can be obtained by the chief police commissioner who passed the exam organized for this purpose. ---------- Alin. (2 ^ 2) of art. 16 16 has been introduced by section 10 10 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. ((3) Abrogat. ... ------------- Alin. ((3) of art. 16 16 has been repealed by section 6.6. 2 2 of art. unique from LAW no. 101 101 of 7 April 2004 , published in MONITORUL OFFICIAL no. 346 346 of 20 April 2004, amending section 13 13 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. + Article 17 The minimum internship in the professional ranks is: I. Police officers ' body: a) Police Chief Quaestor-2 years; ... ----------- Lit. a) I al art. 17 17 has been amended by section 4.2 14 14 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. b) Senior Police Quaestor-2 years; ... c) Police Quaestor-2 years; ... d) Police Chief Commissioner-3 years; ... e) Police Commissioner-3 years; ... f) Police sub-commissioner-4 years; ... g) principal police inspector-3 years; ... h) police inspector-3 years; ... i) police sub-inspector-4 years. ... II. Police officers ' body: a) Police Chief Constable-5 years; ... b) Deputy Chief of Police-5 years; ... c) Senior police officer-5 years; ... d) police officer-5 years. ... + Article 18 Repealed. ---------- Article 18 has been repealed by point (a) 11 11 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 19 Repealed. ---------- Article 19 has been repealed by point (a) 11 11 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 20 The policeman who sacrificed his life during the performance of duty is posthumously awarded the rank of police sub-inspector, for police agents, and the next degree, for police officers. + Article 21 (1) The graduates of the educational institutions of the Ministry of Internal Affairs, as well as those prepared for the needs of the Ministry of Internal Affairs at other educational institutions are granted professional degrees or, as the case may be, equates military grades with professional degrees under the conditions of art. 73 73 para. ((1) and (2) and are assigned to the police structures with periods of internship. ... ---------- Alin. ((1) of art. 21 21 has been amended by section 12 12 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (2) At the graduation of the training school of police officers, the policeman is awarded the professional degree of police agent and is classified as a debutant for a period of 6 months. ... (3) Upon completion with the bachelor's degree of programs of public order and safety studies, respectively law, organized in the form of education with frequency or reduced frequency within the Police Academy "Alexandru Ioan Cuza" of the Ministry Internal Affairs, the graduate who is to be assigned to police units is awarded the professional degree of police sub-inspector and is framed as a debutant over a 12-month internship period. ... ---------- Alin. ((3) of art. 21 21 has been amended by section 12 12 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (3 ^ 1) Police officers referred to in art. 9 9 para. (2 ^ 1) are awarded the professional degrees according to their training and seniority in the specialty corresponding to graduate studies, relative to the requirements of the post, but not inferior to professional degrees equivalent to military grades held in Reserve. ---------- Alin. (3 ^ 1) of art. 21 21 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 3 3 of 24 February 2016 published in MONITORUL OFFICIAL no. 144 144 of 25 February 2016. (3 ^ 2) Police officers referred to in art. 9 9 para. (2 ^ 2) are granted professional degrees according to their training and seniority in the specialty corresponding to graduate studies, relative to the requirements of the post. They are assigned to the minimum functions provided by law corresponding to the professional degrees granted, for a trial period of 6 months or 12 months, in relation to the category to which they belong and to the professional degree granted. ---------- Alin. (3 ^ 2) of art. 21 21 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 3 3 of 24 February 2016 published in MONITORUL OFFICIAL no. 144 144 of 25 February 2016. (3 ^ 3) Provisions of para. (2) and (3) shall also apply accordingly to graduates trained for the needs of the Ministry of Internal Affairs at other educational institutions, except for the situation of graduates of the Medico-Military Institute who during the internship period fall in specific functions corresponding to the professional degree held ---------- Alin. (3 ^ 3) of art. 21 21 has been introduced by section 13 13 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (4) Police officers referred to in art. 9 9 para. ((2) and (3) are granted professional degrees according to their training and seniority in the specialty corresponding to graduate studies, relative to the requirements of the post. Their classification is done for a trial period of 6 months or 12 months, in relation to the category to which they belong and to the professional degree granted. ... ------------ Alin. ((4) of art. 21 21 has been amended by section 5 5 of art. unique from LAW no. 101 101 of 7 April 2004 , published in MONITORUL OFFICIAL no. 346 346 of 20 April 2004, amending section 17 17 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. (4 ^ 1) By exception to the provisions of par. (4), the residency period established according to the legal provisions in the case of medical professional staff is taken into account when granting professional degree. ---------- Alin. (4 ^ 1) of art. 21 21 has been introduced by section 14 14 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (5) Upon expiry of the internship or trial period, the policeman shall take the final examination in the profession. The unpromoted policeman is removed from the police. ... ----------- Alin. ((5) of art. 21 21 has been amended by section 17 17 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. (6) The policeman who passed the completed examination is classified in the professional degree obtained. ... (7) The period of internship and the trial period constitutes seniority in the police. ... (7 ^ 1) Police officers provided in art. 9 9 para. (2 ^ 1) and (2 ^ 2) may not be amended their service relations by delegation, posting, moving and transfer for at least three years from the appointment to the first position, unless the reorganization of the unit intervenes. ---------- Alin. (7 ^ 1) of art. 21 21 has been introduced by section 6 6 of art. I of EMERGENCY ORDINANCE no. 3 3 of 24 February 2016 published in MONITORUL OFFICIAL no. 144 144 of 25 February 2016. (8) The conditions for the performance of the internship and the trial period, as well as the methodology of organizing and conducting the examination of completion in the profession shall be established by order of the Minister of Internal Affairs. ... ----------- Alin. ((8) of art. 21 21 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". + Article 22 (1) Police functions are differentiated by category, professional degree and ranking coefficient. ... (2) The functions of the police, according to their nature, are of execution and driving, and after the level of the graduates are functions in category A and functions in category B. ... (3) Each of the two categories of functions shall be divided into professional degrees, according to the hierarchical structure provided in art. 14. ... (4) The police officers fall and may be promoted to execution positions provided in the organization states with professional degrees equal to or greater than 3 steps compared to those they have. ... ---------- Alin. ((4) of art. 22 22 has been amended by section 15 15 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. ((4 ^ 1) The promotion to office consists of appointment to the position immediately superior within the occupied post. ---------- Alin. (4 ^ 1) of art. 22 22 has been introduced by section 16 16 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (4 ^ 2) After completion in the profession, the policeman is promoted according to par. ((4 ^ 1). ---------- Alin. (4 ^ 2) of art. 22 22 has been introduced by section 16 16 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (4 ^ 3) The policeman is promoted to office annually, if at the service assessment for the previous year he obtained the rating of at least "well" and is not under the effect of a disciplinary sanction. ---------- Alin. (4 ^ 3) of art. 22 22 has been introduced by section 16 16 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (5) The functions and payroll of the police shall be established by law, within 6 months from the date of entry into force of this Law. ... (6) For duly justified reasons, the police may be appointed, at their request, in positions below the professional degrees they have. ... ----------- Alin. ((6) of art. 22 22 has been introduced by section 19 19 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. (7) The powers of issuing administrative acts on the birth, modification, suspension and termination of the service report of the policeman shall be established by order of the Minister of Internal Affairs, under the law. ... ----------- Alin. ((7) of art. 22 22 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". ((8) Abrogat. ... ---------- Alin. ((8) of art. 22 22 has been repealed by section 6.6. 17 17 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 23 (1) When granting the first professional degree, the graduate or person who acquired the status of policeman under the conditions of art. 9 9 para. (2 ^ 1), (2 ^ 2) and (3) take the oath of allegiance before the head of the educational institution or, as the case may be, the head of the police unit and the presence of two policemen. ... ---------- Alin. ((1) of art. 23 23 has been amended by section 7 7 of art. I of EMERGENCY ORDINANCE no. 3 3 of 24 February 2016 published in MONITORUL OFFICIAL no. 144 144 of 25 February 2016. (2) The Pledge of Allegiance has the following content: " I swear to respect the Constitution, fundamental human rights and freedoms, to apply correctly and without bias the laws of the country, to fulfill my duties with responsibility and good faith return according to the office and keep professional secrecy. So help me God! " ... (3) The oath of allegiance may also be filed without the concluding religious formula. ... (4) The oath of allegiance is signed by the graduate or the policeman assigned directly or transferred and, as the case may be, by the head of the educational institution or the head of the unit, as well as by the assistant police officers. ... ---------- Alin. ((4) of art. 23 23 has been amended by section 18 18 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (5) The oath of allegiance is countersigned by the Minister of Internal Affairs, shall be kept on the personal file of the policeman, and a copy of the document shall be handed to him. ... ----------- Alin. ((5) of art. 23 23 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (6) The signing of the oath of faith also involves the implicit agreement of the policeman for the testing of his professional fidelity and integrity by carrying out specialized checks, under the law. ... + Article 24 When granting the first professional degree, the appointment and release from a management position, as well as the termination of service relations, the policeman is obliged to declare his fortune, according to the law. + Article 25 (. Each policeman shall have a personal file comprising: ... a) the appointment document, the document attestation of the studies and the one on the taking of the oath; ... b) the documents regarding the annual evaluation of its activity, the advances in functions, degrees or categories, the rewards granted, as well as the sanctions applied to it, chronologically ordered and without discontinuities; ... ----------- Lit. b) a par. ((1) of art. 25 25 has been amended by section 20 20 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. c) declaration of assets and other documents, established by order of the Minister of Internal Affairs. ... ----------- Lit. c) a par. ((1) of art. 25 25 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (2) It shall be prohibited to enter in the personal file of the policeman any documents relating to his political, trade union, religious or any other opinions. ... (3) The policeman may consult his/her personal file, and, upon request, he will be issued copies of existing documents, which do not contain classified information, under the law. ... ----------- Alin. ((3) of art. 25 25 has been amended by section 21 21 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. + Article 26 (1) The activity and conduct of the policeman are evaluated once a year, and the conclusions are recorded in the annual service evaluation, with the granting of one of the following ratings: "very good", "good", "satisfactory", "unsatisfactory". ... (2) If the policeman has not carried out activity during the whole year, the rating given as a result of the evaluation prepared for the period or periods worked shall be an annual qualification only if the activity carried out exceeds Cumulative 6 months. ... ((3) Cease legal effects. ... ----------- Article 26 has been amended by section 6.6. 3 3 of art. I of LAW no. 133 133 of 27 June 2011 , published in MONITORUL OFFICIAL no. 448 448 of 27 June 2011. + Article 27 Repealed. ---------- Article 27 was repealed by point (a). 19 19 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Section 3 Amendment and suspension of the service report of the policeman ---------- Section 3 of Chapter II, made up of Articles 27 and 1 to 27 ^ 32, was introduced by section 3. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Paragraph § 1. General rules on the modification and suspension of the service report of the policeman ---------- Paragraph 1 of Section 3 of Chapter II was inserted by point 1. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 1 (1) The service report of the policeman may be modified by: ... a) delegation; ... b) secondment; ... c) participation in international missions; ... d) power of attorney on a leading position; ... e) transfer; ... f) move; ... g) making available. ... ((2) The modification of the service report in the cases referred to in ((1) lit. a)-f) can be achieved after completion in the profession, except in situations where the reorganization of the unit has intervened. ... ---------- Article 27 ^ 1 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 2 The service report of the policeman shall be suspended by right, on his initiative or at his request. ---------- Article 27 ^ 2 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 3 During the period of leave for temporary incapacity to work, maternity leave, sick child care leave or disabled child for intercurrent conditions, as well as suspension, the service report of the policeman may be modified only on his own initiative, as the case may be, with his written consent, except in the following situations: a) following the abolition of the occupied post, by reorganizing the activity of the Ministry of Internal Affairs or a unit; ... b) the criminal action was ordered to be set in motion, except for the situation in which it was set in motion for a culpable offence that is not in connection with the service; ... c) the measure of preventive arrest or house arrest was ordered; ... d) the measure of judicial review or judicial control on bail was ordered, with the prohibition of the exercise of the profession. ... ---------- Article 27 ^ 3 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 4 In order to amend or suspend the service report, in the cases provided for in this section, the policeman shall be appointed to an organisation state, hereinafter referred to as the Annex. ---------- Article 27 ^ 4 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 5 The modification and suspension of the service report of the policeman shall be available or, as the case may be, be found by administrative act issued according to the human resources management powers. ---------- Article 27 ^ 5 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Paragraph § 2. Delegation ---------- The second paragraph of Section 3 of Chapter II was introduced by section 2. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 6 (1) The delegation shall represent the temporary exercise by the policeman of activities corresponding to the post occupied, outside his place of work, in the same establishment or in another establishment. The delegation shall be ordered in the interest of the unit in which the policeman is assigned or in the interests of the higher hier ... (2) By exception to the provisions of par. (1), during the delegation period, the policeman may exercise, with his written consent, activities other than those corresponding to the position occupied, established in the administrative act of amending the service relations. ... ---------- Article 27 ^ 6 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 7 The delegation may be ordered for a period of not more than 60 calendar days within a period of 12 months. The delegation for a period of more than 60 calendar days in a period of 12 months may be ordered only with the written consent of the policeman. ---------- Article 27 ^ 7 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Paragraph § 3. Detachment ---------- The 3rd paragraph of Section 3 of Chapter II was introduced by section 3. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 8 (1) Detachment of the policeman consists in the temporary change of the workplace and the exercise of duties within other units/structures of the Ministry of Internal Affairs or other institutions or public authorities, at their request. Exceptionally and only with the written consent of the policeman, the specifics of work can also change by posting. ... (2) Detachment is ordered in the interest of the unit where the policeman is to carry out his activity. ... (3) Detachment may be ordered only if the professional training of the policeman allows him to exercise the duties and responsibilities of the position on which he is to be temporarily appointed. ... (4) Detachment of the policeman shall be ordered on a vacant or temporarily vacant position. ... ---------- Article 27 ^ 8 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 9 (1) Detachment may be ordered without the consent of the policeman for a period of no more than 6 months. The posting of the policeman for a period of no more than 12 months can be ordered only with his consent. ... (2) By exception to the provisions of par. (1), the posting of the policeman, with his written consent, within public authorities shall be made during the period established by the legal provisions in force applicable to the respective situations. ... ---------- Article 27 ^ 9 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 10 (1) Detachment of the policeman to the institutions of the national defense system, public order and national security, to other public authorities and institutions or to the National Police Corps shall be carried out after the appointment in the state of the annex constituted in that purpose. ... ((2) Detachment at national defense institutions, public order and national security or other public authorities and institutions may be made, under the law, and without appointment in the State of the Annex, in which case the unit has the obligation to reserve the post occupied by the policeman prior to posting. ... ---------- Article 27 ^ 10 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 11 Termination of posting made according to art. 27 ^ 10 para. (1) determines the return of the policeman to the unit from which he left, in order to appoint according to art. 27 27 ^ 31. ---------- Article 27 ^ 11 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Paragraph § 4. Common provisions on delegation and posting ---------- The 4th paragraph of Section 3 of Chapter II was introduced by section 3. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 12 The policeman may refuse to delegate or detach if he is in one of the following situations: a) pregnancy; ... b) raise his/her child himself; ... c) the state of health, proven with medical certificate issued/endorsed by the medical structures of the Ministry of Internal Affairs, makes contraindicated the delegation or posting, relative to the duties of service and the specific working conditions of the place of work where it is seconded/delegated; ... d) is the only breadwinner of the family; ... e) other duly justified personal reasons. ... ---------- Article 27 ^ 12 has been introduced by the 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 13 The delegation and the posting shall cease in the following situations: a) on the expiry date of the period for which it was ordered; ... b) the carrying out of the activity that imposed the delegation, respectively the posting is no longer necessary; ... c) the head of the unit in which the policeman is assigned shall withdraw his agreement on the posting of the policeman; ... d) at the request of the policeman, when one of the situations provided in art. 27 27 ^ 12. ... ---------- Article 27 ^ 13 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Paragraph § 5. Participation in international missions ---------- The 5th paragraph of Section 3 of Chapter II was introduced by section 3. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 14 (1) The participation of the policeman in an international mission that involves carrying out activities other than those corresponding to the post shall be carried out after the appointment in the State of the Annex ... (2) The conclusion of the international mission determines the return of the policeman to the unit from which he left, in order to appoint according to art. 27 27 ^ 31. ... ---------- Article 27 ^ 14 has been introduced by the 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Paragraph § 6. Empowerment ---------- The 6th paragraph of Section 3 of Chapter II was introduced by section 3. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 15 ((1) Empower is the temporary exercise of the duties of a management position, a vacancy or a temporary vacancy of which the holder is empowered on another management position or is not present in the establishment. not more than 30 calendar days in a row, with the exception of the rest period. ... (2) The policeman who fulfils the conditions of studies provided in the job description may be empowered, is not investigated disciplinarily or is not under the effect of a disciplinary sanction. ... (3) During the period of empowerment, the policeman benefits, as the case may be, from the rights that are due to the detached policeman. ... ---------- Article 27 ^ 15 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 16 (1) The policeman may be empowered, with his consent, for a maximum period of 6 months. The extension of the power can be ordered, with the agreement of the policeman, for a maximum of 6 months, during which the organization and conduct of the contest for the occupation of the ... (2) In the case of the temporary vacancy, the power of attorney may be ordered until the end of the situation which led to the temporary vacancy of the post. ... ---------- Article 27 ^ 16 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 17 Empowerment shall cease in the following situations: a) on the expiry date of the period for which it was ordered; ... b) to fill the post; ... c) upon the return of the post holder ... d) at the written request of the authorized policeman; ... e) at the initiative of the person who ordered it. ... ---------- Article 27 ^ 17 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Paragraph § 7. Transfer ---------- The 7th paragraph of Section 3 of Chapter II was introduced by section 3. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 18 (1) The transfer of the policeman is carried out, with the approval of the Minister of Internal Affairs, to the defense, public order and national security institutions ... (. The transfer shall be made: ... a) in the interest of the service, with the consent of ... b) at the request of the policeman, with the consent of the heads of the institutions ((1). ... ---------- Article 27 ^ 18 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Paragraph § 8. Moving ---------- The 8th paragraph of Section 3 of Chapter II was introduced by section 3. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 19 The policeman can be moved to the same unit or another unit within the Ministry of Internal Affairs, from the same locality or another locality, with the agreement of the head of the unit in which he is framed, as well as of the head of the unit in which is to move, in the following situations: a) in the interest of the ... b) at the policeman's request. ... ---------- Article 27 ^ 19 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 20 Moving in the interest of the service is done only with the written consent of the policeman ---------- Art. 27 ^ 20 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Paragraph § 9. Making available ---------- The 9th paragraph of Section 3 of Chapter II was introduced by section 3. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 21 (1) The policeman is made available for appointment in a position, by applying the provisions of art. 27 ^ 31, in the following situations: ... a) following the abolition of the occupied post, by reorganizing the activity of the Ministry of Internal Affairs or a unit; ... b) when it cannot be reinstated in its previous position, at the end of the reason for appointment in an Annex; ... c) as a result of the "limited fit" ranking by the medical-military expertise commissions, when it can no longer perform the duties of the position held; ... d) when the competent authorities have withdrawn the necessary opinions, authorizations or attestations necessary for the exercise of the ... e) when another policeman is reinstated in the previously held position, according to art. 27 ^ 29 or as a result of reintegration, by final court decision; ... f) to issue from office, with its consent, for reasons not attributable. ... (2) The policeman is made available when the criminal action was set in motion, unless the criminal action was set in motion for a culpable offence that is not in connection with the service. ... ((3) Making available in the situations provided in par. ((1) lit. c), d) and e) and para. ((2) is found on the date of the taking to the attention of those situations. ... (4) The policeman shall be made available to the unit to which he belongs or, with his consent, at the disposal of another unit. ... ---------- Article 27 ^ 21 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 22 The situation of the policeman provided is solved as follows: a) for the policeman provided in art. 27 ^ 21 para. (1), within no more than 6 months, which can be extended by another 6 months, with the approval of the Minister of Internal Affairs; ... b) for the policeman provided in art. 27 ^ 21 para. (2), when ordering the ranking, the waiver of the prosecution, the payment, the waiver of the application of the sentence, the postponement of the application of the sentence, as well as in the case of ... ---------- Article 27 ^ 22 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 23 (1) During the period of making available, the policeman performs those tasks and duties established in writing by the head of the unit, communicated under signature. ... (2) If the police officer has ordered the setting in motion of the criminal action, he shall be established duties and duties of service that are not such as to impiet the proper conduct of the criminal proceedings. ... (3) The policeman provided benefits from the money rights provided by the legislation on the salary of the police officers in this situation, as well as the other rights provided for in this law. ... ---------- Article 27 ^ 23 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Paragraph § 10. Suspension ---------- The 10th paragraph of Section 3 of Chapter II was introduced by section 3. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 24 The suspension of the service report shall have the effect of suspending the performance of the duties ---------- Article 27 ^ 24 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 25 The service report of the policeman shall be suspended by law in the following situations: a) is remanded in custody or is under house arrest; ... b) is under judicial control or judicial control on bail and the ban on the exercise of the profession was ordered; ... c) performs a salarized management function within the trade union organizations, established according to the law; ... d) is appointed to a position within the dignitary's office, outside the Ministry of Internal Affairs; ... e) is missing, and the disappearance was found by final court decision; ... f) quarantine has been established, under the law; ... g) force majeure; ... h) does not support the psychological evaluation that is carried out periodically, when the activity resumes, at the request of the commissions of expertise/evaluation of the work capacity or when it is ordered as a result of the reasoned finding of Thorough behavioural that could require psychological examination; ... i) in other cases expressly provided by law. ... ---------- Article 27 ^ 25 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 26 (1) The service report of the policeman may be suspended, at his initiative, in the following situations: ... a) for the performance of parental leave; ... b) for carrying out an activity in international bodies or institutions; ... c) accompanies the husband sent on permanent assignment abroad, under the conditions Law no. 269/2003 ... on the Statute of the Diplomatic and Consular Corps of Romania, as amended, during the mission. (2) The service report may be suspended at the reasoned request of the policeman, for a legitimate personal interest, in other cases than those provided in par. (1), for a period of between one month and 3 years. ... ---------- Article 27 ^ 26 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 27 (1) The cessation of suspension takes place on the date provided for in the administrative act, issued for this purpose. ... (2) If the suspension period is not provided for in the administrative act of suspension, within 5 working days from the date of termination of the reason that caused the suspension, the policeman is obliged to inform in writing about this fact the unit he belongs to. ... (3) The issuance of a psychological opinion by a psychologist with powers to exercise the psychological act in the units of the Ministry of Internal Affairs, in the situation provided in art. 27 ^ 25 lit. h), is the reason for the cessation of suspension. ... ---------- Art. 27 ^ 27 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 28 (1) The policeman in one of the situations referred to in art. 27 ^ 25, art. 27 ^ 26 para. ((1) lit. b) and c) and para. ((2) is called in an identical function in the Annex State constituted for that purpose. Upon termination of suspension, the policeman is appointed according to art. 27 27 ^ 31. ... (2) In case of suspension of the service report for the performance of parental leave, the unit has the obligation to reserve the post occupied by the policeman prior to the suspension. ... (3) The suspended policeman shall withdraw his works, armaments and equipment assigned to him for the performance of his duties. ... ---------- Article 27 ^ 28 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Paragraph § 11. Common provisions on the making available and suspension ---------- The 11th paragraph of Section 3 of Chapter II was introduced by section 3. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 29 When the ranking was ordered, the waiver of prosecution, the acquittal, the waiver of punishment, the postponement of the sentence, as well as the termination of the criminal proceedings, the policeman is reinstated in the position held and in all rights with the date of making available or suspension, including compensation for those of which it was deprived during the period of making available or suspension. ---------- Article 27 ^ 29 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 30 (1) When the conviction was ordered by final court decision, to the prison sentence with the suspension of the execution of the sentence or the criminal fine for a crime committed at fault that is not in connection with the service, the maintenance in The policeman's activity is analyzed at the level of the unit of which he belongs. ... (2) In case of approval of the maintenance in activity, the policeman is appointed according to art. 27 27 ^ 31. ... ---------- Article 27 ^ 30 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Paragraph § 12. Appointment and recognition of rights ---------- The 12th paragraph of Section 3 of Chapter II was introduced by section 3. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 31 The order of priority for appointment shall be as follows: a) in the previously occupied position, if it is vacant; ... b) in a similar function, in the unit to which it belongs; ... c) in a similar function, in another unit; ... d) in a function provided with a ranking coefficient equal to or less than that previously occupied, in the unit to which it belongs; ... e) in a function provided with a ranking coefficient equal to or less than that previously occupied, in another unit; ... f) in a position inferior to the professional degree held, in the unit of which it belongs; ... g) in a position inferior to the professional degree held, in another unit. ... ---------- Article 27 ^ 31 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 32 (1) The period during which a policeman has exercised the duties of a leading position by power of attorney shall constitute seniority in management positions. ... (2) The period of suspension of service relations does not constitute seniority in service, except when by law it is ordered otherwise. ... ---------- Art. 27 ^ 32 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Section 4 Filling vacancies ---------- Section 4 of Chapter II, made up of Articles 27 ^ 33-27 ^ 48, was introduced by section 4. 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 33 The vacancy shall be handled by the policeman who fulfils the conditions of occupancy provided for in the job description, as well as the conditions ---------- Art. 27 ^ 33 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 34 The vacancy shall be filled by: a) the appointment of the graduate of the educational institution of the Ministry of Internal Affairs or preparing staff for the needs of the Ministry of ... b) move, on request or in the interest of the service ... c) competition or examination, as the case may be, in the situations referred to in 9 9 para. ((2) and (3). ... ---------- Art. 27 ^ 34 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 35 (1) The vacant driving position shall be handled by: ... a) competition or examination, as appropriate; ... b) move, on request or in the interest of the service, when the function is provided with the coefficient of ranking equal or lower than the previous one held; ... c) direct appointment, with the written consent of the policeman, on the same post or on a post provided with the coefficient of ranking equal or lower than the previous one held; ... d) other cases provided by law. ... (2) Direct appointment referred to in par. ((1) lit. c) can be applied in the following situations: ... a) as a result of the reorganization; ... b) as a result of the reintegration, by final court decision, of another policeman in the position of occupied leadership; ... c) upon termination of the appointment in the State of the Annex, if previously the policeman has held a management position; ... d) as a result of making available for reasons not attributable. ... ---------- Art. 27 ^ 35 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 36 (1) In order to fill the vacancy by competition or examination, the competition committee and the appeals resolution committee shall be constituted. Subcommittees may operate in the competition committee. ... (2) The competition commission referred to in par. ((1) shall consist of an odd number of members. They have the function at least equal to that provided for the post taken out for the competition, and at least one of the members has the specialized studies required to fill the post submitted to the competition ... (3) The nominal composition of the commissions referred to in par. (1), as well as the designation of their secretaries shall be established by order/disposition issued according to the ... (4) The contest shall be organized by the establishment in whose state of organization is provided the vacancy or upper echelons/units that ensure the methodological coordination of the structures in which the posts are found. ... (5) The competition may also be organized for the occupation of several vacancies in the same specialty. ... ---------- Article 27 ^ 36 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 37 (1) The notice for the filling of the vacancy shall be displayed at the premises of the establishment and shall be published through the care of the human resources department, at least 15 working days before the date of the contest, on the website of the the unit or upper echelon or, if there is no or is not operational, in the written press. ... (2) The contest for filling the vacancy that involves carrying out the activity under a different identity than the real one is organized without the application of the advertising rules. ... ---------- Art. 27 ^ 37 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 38 The contest for filling the vacant leadership position consists in supporting a structured interview on professional topics, which is recorded audio and/or video. ---------- Art. 27 ^ 38 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 39 (1) The contest for filling the vacant execution post consists in supporting a written test, which can be recorded/supervised video, to verify the necessary knowledge to perform the duties of the post. ... ((2) Depending on the specifics of the duties of the vacancy, the written test may be preceded by the support of at least one sample, with direct relevance for the performance of the post, with an elimination character, which shall be recorded audio and/or video, as follows: ... a) practical test; ... b) assessment of physical performance; ... c) assessment of language skills. ... ---------- Art. 27 ^ 39 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 40 The competition commission elaborates the topics and scales of correction/appreciation and scoring, in accordance with the thematic and bibliography established. ---------- Art. 27 ^ 40 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 41 (1) Evaluation of the evidence provided in art. 27 ^ 38 and 27 ^ 39 is made with notes from 1 to 10. ... (2) The promotion note of each competition test is at least 7,00. ... (3) The physical performance evaluation test is appreciated and promoted according to the specific scales provided by the order of the Minister of Internal Affairs on physical education and sports activities in the Ministry of Internal Affairs. ... ((4) The candidates are declared "admitted" in descending order of the marks obtained at the interview structured on professional subjects or, as the case may be, in the written test, within the number of the posts for which they ran. ... (5) The final results of the contest shall be entered in a nominal table and shall be notified by display. ... ---------- Art. 27 ^ 41 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 42 (1) If, at the contest for filling a vacant leadership position, several candidates obtain the same grade, the candidate who has the highest seniority in the specialty of the post taken to the competition is declared "admitted". ... (2) If several candidates have the same seniority in the specialty of the post taken to the competition, the candidate who has the highest seniority is declared "admitted" in the studies necessary for the post taken out to the competition. ... ---------- Art. 27 ^ 42 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 43 (1) If, in the contest for filling a vacancy position, several candidates have the same grade, and the contest also consisted in supporting a knockout event, the candidate who has the highest grade at the This. ... (2) In the event that several eliminatory samples have been supported, the candidate who obtained the highest final grade, established as the arithmetic mean of the notes to these samples, is declared "admitted". ... (3) If the contest consisted only in supporting the written test, the separation of the candidates is based on the results obtained from the support of a structured interview on professional subjects. ... ---------- Art. 27 ^ 43 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 44 (1) The policeman dissatisfied with the result obtained in the event/eliminatory evidence or in the written test/structured interview on professional subjects can appeal, only once for each sample, within 24 hours of the display. ... (2) The Board of Appeal shall have the obligation to settle appeals within 2 working days from the expiry of the filing deadline. ... (3) Admission of the challenge to the event/eliminatory/eliminatory evidence has as a consequence the replanning of the candidate and the support again of the respective sample/evidence. ... ((4) The notice given after the resolution of the appeal to the written test/structured interview on professional subjects is final. ... (5) The results of appeals shall be brought to the attention by display. ... ---------- Article 27 ^ 44 has been introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 45 The police officer who has completed higher education may participate in the contest for filling an officer's vacant position, if he cumulatively meets the following conditions: a) is declared "fit" to the psychological evaluation organized for this purpose; ... b) is not investigated disciplinarily or is not under the effect of a disciplinary sanction; ... c) is not made available or suspended from office under the conditions of art. 27 ^ 21 para. ((2) or art. 27 ^ 25 lit. a), b) and h); ... d) obtained the rating of at least "well" at the last two annual service evaluations. ... ---------- Art. 27 ^ 45 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 46 (. The following may be attended by the policeman who: ... a) is declared "medically fit" and "apt" to the psychological evaluation organized for this purpose; ... b) is not investigated disciplinarily, is not under the effect of a disciplinary sanction or against it the criminal action has not been set in motion; ... c) has obtained the rating of at least "well" at the last two annual service assessments; ... d) meets the conditions of seniority and studies, according to para. ((2) and (3). ... (2) The conditions of seniority required for the participation of police officers in the competition ... I. for the position of inspector general and deputy inspector general/similar and functions superior to the head of service/similar at the level of the central apparatus of the Ministry of Internal Affairs: a) seniority in the specialty of studies required to perform the function-7 years; ... b) seniority in management positions in units of the Ministry of Internal Affairs-4 years; ... II. for the functions superior to the head of the service/similar, other than those referred to in item Q: a) seniority in the specialty of studies necessary to exercise the function-5 years; ... b) seniority in management positions in units of the Ministry of Internal Affairs-3 years; ... III. for the functions of Chief Service/Similar from all hierarchical levels and the position of Chief City Police and Deputy Chief City Police: a) seniority in the specialty of studies necessary to exercise the function-2 years; ... b) seniority in the specialty of the structure for which competition is organized-3 years; ... IV. for office of head office/similar, from all hierarchical levels: a) seniority in the specialty of studies necessary to exercise the function-2 years; ... b) seniority in the specialty of the structure for which competition is organized-2 years. ... (3) The provisions of par. ((2) IV also applies to the participation of police officers in the employment contest for which police officers benefit from driving allowance. ... (4) May participate in the contest for filling the functions provided in par. ((2) I, II, III the police officer who completed postgraduate studies or master's degree in management or in the specialty of basic function studies. ... (5) It is an exception to the conditions provided in par. ((2) IV office head office if the unit does not have a function of execution officer in the field. ... (6) The similar function shall be established by reference to the ranking coefficient, the hierarchical level and the professional degree provided. ... ---------- Art. 27 ^ 46 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 47 (1) The candidate declared "admitted" to the contest for the occupation of an execution function is granted the professional degree and is appointed to the position only if the conditions provided in art. 10 10 para. ((1). The reasoning of decisions based on considerations of public order or national security shall not be communicated. ... (2) The candidate declared "admitted" to the contest for the occupation of an execution function in the situation provided in art. 9 9 para. ((2) or for the occupation of a vacant management position, from the organization state of another unit than the one in which it is classified, moves in the interest of the service, without the consent of the head of the cedant unit ... ---------- Art. 27 ^ 47 was introduced by item 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 27 ^ 48 If the filling of the vacancy for which the contest was held is not possible for reasons pertaining exclusively to the person of the declared candidate "admitted", the job offer is made to the candidate ranked in the next place, in the order descending of the marks obtained. ---------- Article 27 ^ 48 was introduced by the section 20 20 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Chapter III Rights, duties and restriction of the exercise of rights or freedoms of the policeman + Section 1 Rights of Police + Article 28 (1) The policeman is entitled to: ... a) monthly salary, composed of basic salary, allowances, bonuses, prizes and premiums, the amounts of which are established by law. The basic salary includes the salary corresponding to the function fulfilled, the professional degree held, the gradations, the bonuses for permanent mission and, as the case may be, the driving allowance and the merit salary; ... b) aid and other monetary rights, the amounts of which are established by law; ... c) uniform, specific equipment, allowances for food, medical and psychological assistance, prosthetics, as well as free medicines, under the conditions established by Government decision; ... d) the intervention, service, social or protocol dwelling, as the case may be, under the law; ... e) holidays, holidays of studies and paid invocations, unpaid leave, under the conditions established by Government decision; ... f) sick leave for: case of illness, prevention of illness, restoration and strengthening of health, accidents caused during and due to service; maternity leave, for the care of sick child aged up to 3 years, child care until the age of 2 years, as well as in other situations, under the conditions established by law; ... g) rest, treatment and recovery tickets, under the conditions established by Government decision; ... h) pensions, under the conditions established by law; ... i) allowances for installation, moving, delegation or posting, as well as the settlement of accommodation expenses, under the conditions established by law; ... j) settlement of transport expenses in case of travel in the interest of the service, moving to other localities and once a year for the performance of rest leave, as well as in other situations, under the conditions established by Government decision; ... ----------- Lit. j) a par. ((1) of art. 28 28 has been amended by section 4.2 23 23 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. k) employment under special conditions, special or other working conditions, according to the law; ... ----------- Lit. k) a par. ((1) of art. 28 28 has been amended by section 4.2 23 23 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. l) permanent port of armaments provided or purchased personally, under the law; ... m) ensuring compensation of life, health and property, under the conditions established by Government decision; ... ------------ Letter m) a par. ((1) of art. 28 28 has been amended by section 4.2 2 2 of art. unique of EMERGENCY ORDINANCE no. 153 153 of 12 November 2008 , published in MONITORUL OFFICIAL no. 769 769 of 17 November 2008. n) medical treatment abroad for conditions contracted during the exercise of the profession, under the conditions established by Government decision; ... o) the support by the unit of the amounts necessary to ensure the legal assistance of the policeman, for acts committed by him in the exercise, according to the law, of his duties, under the conditions established by order of the Minister of Affairs internal; ... ----------- Lit. o) a par. ((1) of art. 28 28 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (2) The personal acquired armaments shall be held after retirement on the basis of the permit obtained, under the law. ... + Article 29 (1) For the work carried out police are given orders and medals, according to the law. ... (2) In case of interruption of activity in the police, the time the policeman has carried out another activity will not be taken in the calculation of the seniority in the police for which the order or medal is given ... (3) The police officers decorated with the Military Merit Order and the Honorary Sign In the Service of the Army retain all the rights acquired prior to the entry into force of this Law ... ----------- Alin. ((3) of art. 29 29 has been amended by section 24 24 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. + Article 29 ^ 1 Repealed. ----------- Article 29 ^ 1 has been repealed by point (a). 1 1 of art. unique of EMERGENCY ORDINANCE no. 102 102 of 16 November 2004 , published in MONITORUL OFFICIAL no. 1.083 1.083 of 22 November 2004. + Article 30 The conditions regarding the retirement and pension rights of the police are established by law, within 6 months from the date of entry into force of this law. + Article 31 (1) The policeman appointed in the first position or moved in the interest of the service in a locality other than the one in which he has his domicile and who does not own the dwelling personal property in that locality, neither he nor his wife/husband, in the situation in which cannot be provided with adequate living space, is entitled to a compensation for rent of up to 50% of the basic salary. ... ----------- Alin. ((1) of art. 31 31 has been amended by section 2 2 of art. unique of EMERGENCY ORDINANCE no. 102 102 of 16 November 2004 , published in MONITORUL OFFICIAL no. 1.083 1.083 of 22 November 2004. ((1 ^ 1) The policeman appointed in the first position or moved in the interest of the service in the locality where he has his domicile, but who does not own the home personal property in that locality, neither he nor his wife/husband, in the situation can provide the appropriate living space, benefit from the monthly rent compensation, provided in par. (1), in justified cases, based on the results of the social investigation carried out by a commission established by order of the Minister of Internal Affairs, appropriated by the head of the unit of which the policeman belongs, at his request. ----------- Alin. ((1 ^ 1) of art. 31 31 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (2) The husband or wife of the policeman moved/moved in the interest of the service in another locality, who was framed/employed and interrupted the activity due to the move together with his spouse, is entitled to a monthly allowance of 50% of the basic salary of the policeman, up to a new employment or until the provision of another income-bringing activity, but not more than 9 months. ... ((3) Abrogat. ... ----------- Alin. ((3) of art. 31 31 has been repealed by section 6.6. 4 4 of art. unique of EMERGENCY ORDINANCE no. 102 102 of 16 November 2004 , published in MONITORUL OFFICIAL no. 1.083 1.083 of 22 November 2004. (4) The monthly allowance provided in par. (2) also benefits the spouse who, at the time of moving the policeman, was enrolled/registered, under the law, as unemployed, but only after the expiry of the term of payment of unemployment benefits, established by law. ... (5) The amount of compensation provided in par. (1) and the conditions for granting are established by Government decision, at the proposal of the Minister of Internal Affairs. ... ----------- Alin. ((5) of art. 31 31 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". + Article 32 (1) The policeman will be supported in the construction or purchase, once during his career, of a personal property housing in the locality where the police unit is located to which he is framed, under the law. ... ((2) Abrogat. ... ------------ Alin. ((2) of art. 32 32 has been repealed by art. 10 of LAW no. 562 562 of 7 December 2004 , published in MONITORUL OFFICIAL no. 1.169 1.169 of 9 December 2004. (3) The criteria and conditions of support provided in par. (1) are established by order of the Minister of Internal Affairs. ... ----------- Alin. ((3) of art. 32 32 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". + Article 33 In the exercise of duties the policeman benefits from special protection, under the law. + Article 33 ^ 1 (1) On request, the policeman assigned to a degree of invalidity, as a result of his injury during or in connection with the exercise of his duties, may be kept in office as a policeman in units of the Ministry of Business Internal. ... (2) On request, the person whose service report has ceased, being classified in a degree of invalidity, as a result of his injury during or in connection with the exercise of his duties, may be appointed, without examination or competition, in Police positions in units of the Ministry of Internal Affairs. ... (3) Maintain or appointment as police officers according to par. (1) or (2) is made by order of the Minister of Internal Affairs, based on the proposal of the head of the unit of which he belongs, respectively he was part of the opinion of the commission of medical expertise and evaluation of the work capacity. ... (4) The Commission of medical expertise and evaluation of the work capacity finds whether the duties of the functions to be maintained, respectively called are compatible with the inability given by the physical/mental condition and can be fulfilled without the risk of aggravating it. ... (5) The fields of activity, the conditions, as well as the procedure regarding the maintenance or appointment of policeman positions according to par. ((1) and (2) shall be established by order of the Minister of Internal Affairs *). ... ---------- Art. 33 ^ 1 was introduced by item 1 1 of art. I of EMERGENCY ORDINANCE no. 66 66 of 26 June 2013 , published in MONITORUL OFFICIAL no. 383 383 of 27 June 2013. + Article 34 The policeman is provided with free protective equipment appropriate to the specific missions he meets, and if, as a result of the performance of his duties, he has degraded or destroyed his clothing or other personal property, is entitled to appropriate compensation. + Article 35 The members of the policeman's family benefit free of charge, under the conditions established by Government decision, a) medical assistance and medicines within the health insurance system specific to defence, public order, national security and judicial authority; ... b) the settlement of transport expenses in the situation of moving the policeman for work in another locality. ... + Article 36 For the purposes of the provisions of this law, the family of the policeman includes the spouse, children and parents in his legal maintenance. + Article 37 (1) Children in the maintenance of the deceased policeman or assigned to a degree of invalidity as a result of his injury during or in connection with the exercise of their duties may be registered, upon request, in educational institutions Ministry of Internal Affairs. ... ((2) Children in the maintenance of the deceased policeman or assigned to a degree of invalidity as a result of his injury during times in connection with the exercise of his duties, as well as his spouse or his wife may be appointed to positions of police officers or employees as contract staff, without exam or competition, in units of the Ministry of Internal Affairs, if they meet the legal conditions. ... (3) Identification of the function for appointment and employment according to par. (2) is made taking into account the applicant's studies and the requirements of the post ... (4) By order of the Minister of Internal Affairs, the conditions and procedure for the application of the provisions of this Article shall be established ... ---------- Article 37 has been amended by section 6.6. 2 2 of art. I of EMERGENCY ORDINANCE no. 66 66 of 26 June 2013 , published in MONITORUL OFFICIAL no. 383 383 of 27 June 2013. + Article 37 ^ 1 Upon the death of a policeman, the Ministry of Internal Affairs grants his family or the person who incurred the expenses occasioned by the death, as the case may be, an additional death aid equal to three times the basic salary had. ----------- Art. 37 ^ 1 has been amended according to letter. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". + Article 38 (1) The retired policeman and his wife/husband are entitled free of charge to health care and medicines, within the health insurance system specific to defence, public order, national security and the judicial authority, and have access to rest houses, sanatoriums, sports facilities and other spaces for rest and leisure, which belong to or are in the administration of the Ministry of Administration and Interior. ... (2) The retired policeman and his/her spouse, who have access to the rest houses, sanatoriums, sports facilities and other spaces for rest and leisure belonging to or are in the administration of the Ministry of Internal Affairs, benefit from facilitations established by order of the Minister of Internal Affairs ... ----------- Alin. ((2) of art. 38 38 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". ----------- Article 38 has been amended by section 6.6. 47 47 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 of 14 October 2003, by replacing the name "Ministry of Interior" with the name "Ministry of Administration and Interior". + Article 39 (1) The duration of the working hours of the policeman is 8 hours per day and 5 days per week, established so as to ensure the continuity of the police service and the restoration of the work capacity, under the conditions provided by law. ... (2) The work schedule, its forms of organization and the granting of weekly rest shall be established by order of the Minister of Internal Affairs, after consulting the National Police Corps. ... ----------- Alin. ((2) of art. 39 39 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (3) If the interests of the service require it, the granting of weekly rest days to the policeman can be postponed, exceptionally, at most twice in a month. ... + Article 40 The policeman and his family members shall have the right to protection from the specialized structures of the state against the threats or violence to which they could be subjected as a result of the exercise of their duties or in relation to them. + Section 2 Officer's duties + Article 41 The policeman owes: a) be loyal to the institution to which it belongs, respect the principles of the rule of law and defend the values of democracy; ... b) to prove solicitude and respect to any person, in particular to vulnerable groups, to establish their professional activity to perform with the competence, integrity, correctness and conscientiousness of the specific duties of service provided by law; ... c) to continuously improve their level of professional and general training; ... d) be disciplined and prove professional and moral probity in the whole activity; ... e) to be respectful, cuvious and fair to bosses, colleagues or underlings; ... f) to provide support to colleagues in the performance of their duties; ... g) to inform the hierarchical head and the other competent authorities of the corruption committed by other policemen, which he became aware of; ... h) through his entire behavior, to show himself worthy of the consideration and trust imposed by the police profession. ... + Article 42 The policeman is obliged: a) keep professional secrecy, as well as the confidentiality of the data acquired during the activity, under the law, except in cases where the performance of duties, the needs of the judiciary or the law require disclosure ... b) to show fairness in solving personal problems, in such a way that they do not benefit or leave the impression that they benefit from confidential data obtained in its official capacity; ... c) to ensure the correct information of citizens on public affairs and on their personal interest issues, according to the established legal competences; ... d) to have a correct conduct, not to abuse the official quality and not to compromise, through his public or private activity, the prestige of his office or institution. ... e) to immediately inform the human resources structure of the unit of which it is part about the acquisition of the procedural quality of accused or defendant, as well as about the criminal procedural measures ordered or the criminal decisions rendered against him. ... ------------ Lit. e) of art. 42 42 was introduced by section 4.2. 3 3 of art. unique of EMERGENCY ORDINANCE no. 153 153 of 12 November 2008 , published in MONITORUL OFFICIAL no. 769 769 of 17 November 2008. + Article 43 The policeman is prohibited, in any circumstance: a) to receive, to request, to accept, directly or indirectly, or to make him be promised, for himself or for others, in consideration of his official quality, gifts or other advantages; ... b) to resolve requests that are not competent to or that have not been assigned to them by the hierarchical heads or to intervene for the resolution of such requests, for the purposes provided in lett. a); ... c) to use force, other than under the law; ... d) to cause a person suffering physical or mental suffering in order to obtain from this person or from a third person information or confessions, to punish him for an act that this or a third person has committed or is suspected as committed it, to intimidate it or to put pressure on it or on a third person; ... e) collect money from natural or legal persons; ... f) to draft, print or disseminate materials or publications of a political, immoral or instigating nature to indiscipline; ... g) to have, directly or through intermediaries, in a unit subject to the control of the police unit to which it belongs, interests likely to compromise its impartiality and independence. ... + Article 44 (1) The police service has a permanent and binding character. ... (2) The policeman is obliged to present himself to the established working hours, as well as outside it, in duly justified situations, for the performance of his duties, with the compensation of the time worked, according to the law. ... (3) In situations of catastrophes, calamities or large-scale disturbances of public order and tranquility or other such events the policeman is obliged to present himself immediately to the police unit of which he belongs. ... (4) When establishing the state of emergency or curfew times in case of mobilization and war the policeman will act according to the law. ... (5) In case of occurrence of any of the situations referred to in par. (3) and (4) the policeman who is in another locality will appear at the nearest unit of the Ministry of Internal Affairs, informing his superiors about it. ... ----------- Alin. ((5) of art. 44 44 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". + Section 3 Restriction of the exercise of rights and freedoms + Article 45 (1) The policeman is prohibited: ... a) to be part of political parties, parties or organizations or to conduct propaganda in their favor; ... b) express opinions or political preferences at work or in public; ... c) to run for the local public administration authorities, the Romanian Parliament and for the position of President of Romania; ... d) to publicly express opinions contrary to Romania's interests; ... e) declare or participate in strikes, as well as rallies, demonstrations, processions or any other political meetings; ... f) adhere to sects, religious organizations or other organizations prohibited by law; ... g) to carry out, directly or through interposed persons, trade activities or to participate in the administration or management of companies, except for the quality of shareholder; ... h) to exercise activities with a lucrative purpose of nature to harm the honor and dignity of the policeman or institution to which he belongs; ... i) to hold any other public or private office for which it is repaid, except for teaching positions within educational institutions, scientific research activities and literary-artistic creation. ... ----------- Lit. i) a par. ((1) of art. 45 45 has been amended by section 4.2 27 27 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. ((2) The policeman may present in public, only under the conditions established by order of the Minister of Internal Affairs, information and data obtained in the exercise of his duties or may make comments regarding such data and information, if they are not violated the principle of presumption of innocence or are not denied the right to their own image, dignity, intimate, family or private life of the person or is not prejudiced the completion of the prosecution in a case in Research or trial course. ... ----------- Alin. ((2) of art. 45 45 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (3) Data and classified information, according to the law, obtained by the policeman during the exercise of professional duties cannot be made public for a period of 5 years after the termination of his service relations, if the law does not provide otherwise. ... + Article 46 Repealed. ---------- Article 46 was repealed by point (a). 21 21 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 47 Repealed. ---------- Article 47 was repealed by point (a). 21 21 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 48 (1) Police officers may associate and constitute associations of a professional, humanitarian, technical-scientific, cultural, religious and sports-recreational character, without prejudice to the performance of duties and duties of service. ... (2) The period during which the police service reports are suspended according to the provisions of art. 27 ^ 25 lit. c) constitute seniority in service. For this period the leadership positions in the trade union organization are equivalent to the functions provided for in the legislation on the salary of police officers, in order to open pension rights as a policeman. ... ---------- Alin. ((2) of art. 48 48 has been amended by section 22 22 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (3) Equivalence of functions according to par. (2) is made by order of the Minister of Internal Affairs, at the proposal of the trade union organization and with the opinion of the Ministry of Labour, Family, Social Protection and Elderly. ... ----------- Alin. ((3) of art. 48 48 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". + Section 4 National Police Corps + Article 49 (1) The National Police Corps shall be established, as a legal person governed by public law, hereinafter referred to as the Body, established in Bucharest, representing the form of organization on professional, autonomous, apolitical and non-profit criteria. Cops. ... (2) The body promotes the interests of the police and protects their ... (3) The organization and functioning of the Corps shall be carried out on the principles of territoriality, eligibility, mutuality and hierarchy of management structures. ... (4) The management and control bodies of the Corps are: ... a) the national congress; ... b) the national council; ... c) the council of the General Police Department of Bucharest, the councils of the county police inspectorates and the councils of the educational institutions of the Ministry of Internal and Territorial ... ----------- Lit. c) a par. ((4) of art. 49 49 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". d) censors. ... (5) The governing bodies of the Corps will be elected every 4 years and will represent, proportionally, all categories of police. During the term of office, the police elected to the governing bodies will be posted, under the conditions established by order of the Minister of Internal Affairs. ... ----------- Alin. ((5) of art. 49 49 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". + Article 50 Through its governing bodies the Body exercises the following duties: a) undertake measures to ensure the moral and professional integrity of the police, as well as an effective activity of them; ... b) advises on the elaboration of proposals for normative acts referring to the police activity or to the status of the policeman; ... c) repealed; ... ----------- Lit. c) of art. 50 50 has been repealed by section 6.6. 31 31 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. d) on request, represent the interests of the police against whom disciplinary sanctions were ordered; ... e) participate in the elaboration of the Code of Ethics and Deontology of the policeman, whose provisions are mandatory in the exercise of the profession of policeman; ... f) repealed; ... ----------- Lit. f) of art. 50 50 has been repealed by section 6.6. 31 31 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. g) represents the profession of policeman, together with the General Inspectorate of Police, in relations with governmental bodies, professional and scientific forums, public institutions, as well as with other legal and physical persons; ... h) promotes externally relations with similar professional organizations and institutions; ... i) keeps and constantly updates the records of its members. ... + Article 51 (1) The revenues of the Corps shall be: ... a) the registration fee, monthly contributions of members, other incomes made from scientific, cultural and sports events, as well as from editorial rights; ... b) resources obtained from the state budget and/or local budgets; ... c) donations and sponsorships from natural or legal persons, from the country or from abroad, under the law and norms established by the Minister of Internal Affairs; ... ----------- Lit. c) a par. ((1) of art. 51 51 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". d) rents, interest and any other legal sources. ... (2) The councils provided for in art. 49 49 para. ((4) lit. c) periodically veers the Corps a share of the revenues received, under the conditions established by the regulation. ... (3) Funds obtained under the conditions of par. (1) may be used for the improvement of professional training, the granting of scholarships and aids, the creation of scientific institutions, investments related to the endowment with appropriate means of the Corps ' activities, expenses management, legal assistance of the members, the purchase and administration of hotels, rest houses and clubs of the police and for the salary fund for the technical-administrative apparatus of their own. ... + Article 52 The organization and functioning of the Corps is established, under the conditions of this law, by the Regulation of organization and functioning approved by Government decision. + Chapter IV Rewards, legal liability and sanctions + Section 1 Rewards + Article 53 For special contributions to the defense of public order, the fundamental rights and freedoms of citizens and to the prevention of anti-social acts, the policeman can be awarded decorations, under the law. + Article 54 (1) The policeman may be rewarded by: ... a) the lifting of a disciplinary sanction applied, if it is particularly distinguished in the work carried out; ... b) written thanks, made to the individual acquaintance or in front of the staff, for the performance in very good conditions of the duties and missions; ... c) written or verbal congratulations, brought to the attention of the individual or to the staff, for the special performance of the duties and missions; ... d) cash prizes or objects, when it was highlighted by obtaining exemplary results in activity; ... e) honorary marks, merit diplomas and distinctions, for obtaining very good results at the graduation of some courses or at sports competitions, on the occasion of anniversaries, cultural-artistic and social manifestations or the completion of some actions/missions, as well as in the situation of termination of service relations for non-imputable reasons; ... f) white or fire weapons, for acts of heroism, special courage, devotion and for special merits in the performance of duties and missions; ... g) honorary titles, for acts of heroism, special courage, devotion and for special merits in the performance of duties and missions; ... h) enrolment on the honor plate of the professional degree, name and surname, at the graduation of the training period in an educational institution of the Ministry of Internal Affairs, as head of promotion. ... ---------- Alin. ((1) of art. 54 54 has been amended by section 1 1 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. (1 ^ 1) The rewards provided in par. (1) shall be granted by persons who have the competence of appointment of the policeman or, as the case may be, by the superior hierarchical heads of the persons mentioned, who have the competence to manage human resources. ---------- Alin. ((1 ^ 1) of art. 54 54 has been introduced by section 2 2 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. (1 ^ 2) For a disciplinary sanction ordered by the superior hierarchical head, the reward provided in par. ((1) lit. a) is also granted by him, at the proposal of the head of the unit in which the sanctioned policeman operates. In the case of the policeman moved to another unit, the reward is granted by the head who performs the function similar to the one who applied the disciplinary sanction. ---------- Alin. ((1 ^ 2) of art. 54 54 has been introduced by section 2 2 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. (1 ^ 3) In the case of the policeman under the effect of a disciplinary sanction, the reward provided in par. ((1) lit. a) is given priority, in relation to the other rewards. ---------- Alin. ((1 ^ 3) of art. 54 54 has been introduced by section 2 2 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. (2) For exceptional merits in achieving special objectives in the police activity, the policeman may be advanced to the following professional degree, before the minimum internship is fulfilled, under the conditions established by order of the Minister of Affairs internal. ... ----------- Alin. ((2) of art. 54 54 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". ((3) Abrogat. ... ------------ Alin. ((3) of art. 54 54 has been repealed with effect from 1 January 2012. 2 2 of art. VIII of EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 , published in MONITORUL OFFICIAL no. 637 637 of 6 September 2011. + Section 2 Legal liability and sanctions + Article 55 The violation by the policeman, with guilt, of duty of duty engages his disciplinary, material, civil or criminal liability, as the case may be. + Article 56 It is absolved of any liability the policeman who, by exercising, within the limits of the law, of his duties, caused suffering or injury to persons or brought damage to their heritage. + Article 57 It constitutes disciplinary violations, if they were not committed in such conditions that, according to the criminal law, to be considered crimes, the following acts committed by the policeman, committed with guilt: a) improper behavior, in service, family or in society, which affects the honor, professional probity of the policeman or the prestige of the institution; ... b) negligence manifested in the performance of duties or provisions received from hierarchical heads or from the specific authorities authorized by law; ... c) repeated or unjustified delay of the settlement of works; ... d) overcoming the duties of service or lack of solicitude in relations with citizens; ... e) unmotivated absence or repeated delay from service; ... f) the production of damage to the unit of which it belongs or the patrimony of the Ministry ... ----------- Lit. f) of art. 57 57 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". g) violation of the rules on the confidentiality of ... h) non-compliance with the provisions of the ... i) illegal interference in the activity of another policeman; ... j) intervention to influence the resolution of requests regarding the satisfaction of the interests of any person. ... k) violation of the provisions on duties, incompatibilities, conflicts of interest and prohibitions established by law. ... ----------- Lit. k) art. 57 57 was introduced by section 4.2. 32 32 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. + Article 58 (1) The disciplinary sanctions that may be applied to the police are: ... a) written reprimand; ... b) diminishing the salary of the basic function by 5-20% for a period of 1-3 months; ... c) postponement of promotion to professional degrees or higher positions for a period of 1-3 years; ... d) the transition to a lower position up to at most the basic level of the professional degree held; ... e) dismissal from the police. ... (2) The written mustration consists in the official reproach addressed, in writing, to the guilty policeman. ... (3) The percentage and period for which the sanction provided in par. ((1) lit. b) are established by the administrative act of sanctioning. ... (4) The application of the sanction provided in par. ((1) lit. c) it is available either on the postponement of promotion to professional degrees or on the postponement of promotion to higher positions. In case of postponement of promotion to higher professional degrees, the term of execution of the sanction flows from the date of application of the administrative act of sanctioning and has the effect of suspending the flow of the internship to the degree. ... (5) The transition to a lower position up to no more than the basic level of the professional degree held is achieved by the release from the position held and the appointment of the policeman in a position inferior to the one he occupies, within the limit of the basic level of the professional degree held. In the case of the policeman occupying a management position, the appointment can also be made in a lower driving position for which he meets the conditions of employment. ... (6) The dismissal of the police consists in the termination of service relations. ... ---------- Article 58 has been amended by section 6.6. 3 3 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 58 ^ 1 To prevent the commission of disciplinary violations, the person provided in art. 59 59 para. (2) may order the warning of the policeman. In this case, the measure is ordered in writing, has administrative-preventive character and does not produce consequences on the service report. ---------- Art. 58 ^ 1 was introduced by item 4 4 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 58 ^ 2 Disciplinary proceedings are based on the following principles: a) the presumption of innocence-the investigated policeman is considered innocent for the act referred to as disciplinary misconduct so long as his guilt has not been proven; ... b) guaranteeing the right of defence-the right of the policeman to formulate and support defences in his favour is recognised, to present the evidence and the motivations he considers necessary in his defence and to be assisted; ... c) the speed of the procedure-the case shall be resolved without delay, in compliance with the rights of the persons involved and the rules provided by ... d) contradictoriality-ensuring the possibility of persons in dissenting positions to express themselves about any act or fact that is related to the disciplinary misconduct noticed; ... e) proportionality-ensuring a correct ratio between the seriousness of the disciplinary deviation, the circumstances of its commission and the proposed disciplinary sanction; ... f) the uniqueness of the sanction-for disciplinary misconduct only one disciplinary sanction can be applied; ... g) the legality of the sanction-disciplinary sanction can only be one of the disciplinary sanctions provided in art. 58 58 para. ((1). ... ---------- Art. 58 ^ 2 was introduced by item 4 4 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 58 ^ 3 (1) The disciplinary procedure is not public. ... (2) The citation and obedience of the investigated policeman, the registration of his written requests/reports and the record of his supporters are mandatory. The disciplinary procedure continues if the policeman, unjustifiably, does not follow the procedural citation. ... (3) The investigated policeman has the right to fully know the acts of the research and to request the administration of evidence in defence. The investigated policeman has the right to submit in his defence any supporting documents he holds, including reports of extrajudicial expertise. ... (4) The investigated policeman has the right to be assisted, on request, by another policeman, elected by him or designated by the trade union organization or by the Body, in compliance with the legal provisions regarding the protection of classified information. Failure to meet the conditions regarding access to classified information or failure to present the elected/designated policeman does not constitute grounds for postponement of the disciplinary investigation procedure. ... (5) They have no right to assist the investigated policeman, under the conditions of para. (4), the following persons: ... a) the head of the unit or his legal replacement, while performing the duties of the holder; ... b) the policeman assigned to carry out the prior ... c) the police officers who are part of the collective provided in art. 62 ^ 3 para. ((1); ... d) the policeman who performs duties of legal adviser in units of the Ministry of Internal Affairs. ... ---------- Art. 58 ^ 3 was introduced by item 4 4 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 58 ^ 4 Disciplinary sanctions shall be established and shall be established only after prior research and after consultation of the Council of Discipline, hereinafter referred to as the Council, with the exception of the sanctions 58 58 para. ((1) lit. a) and b), which may apply without consulting the council. ---------- Art. 58 ^ 4 was introduced by item 4 4 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 59 (1) Prior research is aimed at establishing the existence/non-existence of disciplinary misconduct and guilt, with regard to the issues referred to or known, to the concrete causes and circumstances in which they occurred. ... (2) Prior research may be ordered by the person who, in any way, has become aware of the commission of one or more facts that may constitute disciplinary misconduct, as the case may be: ... a) the person who has the competence of appointment of the investigated policeman or the head of the higher hierarchical unit; ... b) the head of the unit or educational institution of the Ministry of Internal Affairs to which the policeman is delegated or posted or to which he/she takes courses or holds career exams ... c) the head of the institution subordinated to the Ministry of Internal Affairs exercising powers of coordination and methodological control of the Community public services or the Minister of Internal Affairs, for the police officers of the or seconded to these services. ... (3) Prior research shall be carried out at the level of the unit headed by the person who ordered it, in compliance with the deadlines provided in art. 60 60 para. ((1), of specific police officers appointed from it. ... (4) Police officers designated with prior research shall be nominated only among police officers who have the status of criminal investigation bodies of judicial police or who have legal studies and, as a rule, are at least equal in degree or according to the police officer investigated. The policeman who performs duties of legal adviser in/for the unit in which the investigated policeman operates or the one who is to endorse, subsequently, for legality, the administrative act Sanction. ... (5) In the administrative act by which the prior research is triggered, the investigated policeman, the policeman who will carry out the research and, as the case may be, a policeman appointed to help carry out the investigation ... ---------- Article 59 has been amended by point 5 5 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 59 ^ 1 (1) If other disciplinary deviations are identified in advance of the prior research, the person who ordered the prior research may order the extension of their research. ... (2) At the end of the checks, the designated policeman shall draw up a draft prior research report. A photocopy of the project shall be handed to the investigated policeman or, as the case may be, in the event that the document contains classified information, it is brought to its attention, on a signature basis. ... ((3) On this occasion, within 3 working days from the date of delivery of the document or, as the case may be, from the date of bringing to the attention, under the conditions of par. (2), the investigated policeman may object and request new evidence in defence. The result of the analysis and, where applicable, the checks shall be recorded in the draft of the prior research report ... (4) Within two working days from the date of completion of the report under the conditions of par. ((3), a photocopy thereof shall be handed to the investigated policeman or, as the case may be, in the event that the document contains classified information, shall be notified to him, on the basis of signature. ... ---------- Art. 59 ^ 1 was introduced by item 6 6 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 59 ^ 2 The prior research report shall include, on a compulsory basis: a) the number of the administrative act by which it was designated with the prior research; ... b) description of the notified act and the persons involved; ... c) the procedures and procedures for verification; ... d) conclusions on the existence or non-existence of the issues noticed and the guilt of the investigated policeman; ... e) the legal provisions violated by the policeman and the legal classification of the facts retained, with the indication of the evidence and the evidence on which it is based; ... f) the reasons for the rejection of applications or evidence proposed in defence by the investigated policeman; ... g) the causes and conditions that generated and favored the commission of deviations; ... h) other data and items appreciated as necessary, as appropriate. ... ---------- Art. 59 ^ 2 was introduced by item 6 6 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 59 ^ 3 After carrying out the prior research, the prior research file shall be submitted to the person who ordered it, which may take one of the following measures: a) ranking the file, in case of inexistence of the act, finding the innocence of the investigated policeman, prescribing the act or in case of termination of the service relations of the investigated policeman; ... b) the reasoned refund of the file for completing the prior research; ... c) application of the measure provided for in 58 ^ 1 or, as the case may be, a disciplinary sanction between those provided for in art. 58 58 para. ((1) lit. a) and b); ... d) referral and consultation of the council. ... ---------- Art. 59 ^ 3 was introduced by item 6 6 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 59 ^ 4 The reports of the officers in the Minister's Control Body or the control structures of the general/similar inspectorates for the subordinate structures, drawn up as a result of the control activities, constitute prior research reports, if the requirements for prior research provided for by this Law have been met. ---------- Art. 59 ^ 4 was introduced by item 6 6 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 60 (1) The disciplinary sanctions shall be available no later than 6 months from the date on which the person referred to in art. 59 59 para. (2) became aware of the commission of the act, but no later than one year after the date of its commission. The 6-month period is a limitation period, and the one-year term is the deadline for revocation. ... (2) The term of 6 months for the disposition of disciplinary sanction shall be suspended, by right, for the period and in the following situations: ... a) from the date of referral, under the law, of the prosecution bodies until the date of final settlement of the case, if for the act that constitutes disciplinary misconduct the complaint of the prosecution bodies was ordered; ... b) from the date on which the policeman is on paid leave or invocations, under the law, he is sent on missions or from the date of suspension of the service relations until the date of resumption of the activity or, as the case may be, the conclusion of the mission. ... (3) If the prior research is carried out for deviations committed by several policemen, and for one/some of them intervened one of the situations provided in par. (2), the case may disjunge, and the disciplinary procedure will continue for the other policemen. ... (4) When establishing the sanction, account is taken of the activity carried out previously, by the circumstances in which the disciplinary deviation was committed, by the causes, gravity and consequences thereof, by the degree of guilt of the policeman, as well as by concern for the removal of the consequences committed. ... (5) The disciplinary sanctions shall be provided by administrative act of the person referred to in art. 59 59 para. ((2) which ordered the conduct of prior research or control. ... (6) The administrative act issued under the conditions of paragraph ((5) must include: ... a) description of the act constituting disciplinary misconduct and its legal classification; ... b) specifying the legal provisions violated by the policeman; ... c) the reasons for which the defences have been removed; ... d) the disciplinary sanction and the legal basis under which it applies and, as the case may be, the reason for which a disciplinary penalty was imposed other than that proposed by the council; ... e) the term in which the disciplinary sanction can be challenged and the person competent to settle the appeal, under the conditions of art. 61 61, as applicable; ... f) the competent court to which the administrative act by which the disciplinary sanction was ordered may be challenged; ... g) other data and elements appreciated as necessary, as appropriate. ... (7) The administrative act ordering the sanctioning of the policeman shall be issued no later than 30 days after the completion of the disciplinary investigation. ... (8) In the case of dismissal from the police, the disciplinary sanction intervenes, by right, from the date of final stay of the administrative act of sanctioning, under the conditions of art. 61, and is found by administrative act issued by the person who has the competence to grant professional degrees, according to art. 15. ... ---------- Article 60 has been amended by section 6.6. 7 7 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 61 (1) The policeman may contest the disciplinary sanction, within 10 working days from the date of becoming aware, to the head of the higher hierarchical unit. ... (2) The head of the superior hierarchical unit referred to ((1) shall be pronounced by reasoned decision, within 20 days from the date of registration of the appeal. The reasoned decision shall be communicated to the disciplinary sanctioned policeman, within two working days from the date of its issuance. ... (3) The effects of the disciplinary sanction shall be suspended until the reasoned decision to resolve the appeal is issued. ... (4) If the disciplinary officer sanctioned does not file an appeal within the period provided in par. ((1), the administrative act of sanctioning shall take effect from the expiry date of that period. ... (5) If the appeal has been filed, the head who applied the disciplinary sanction shall forward expeditiously to the head of the superior hierarchical unit the case file and a reasoned report on the sanction in question, as well as to the reasons Proposal for rejection/admission of the appeal. ... (6) By reasoned decision, the head of the superior hierarchical unit may order, as appropriate ... a) the rejection of the appeal as a belated introduced or as unfounded and the maintenance of the sanction applied; ... b) the admission of the appeal and the application of a milder sanction than that applied by the contested administrative act or the application of the measure provided in 58 ^ 1, if he considers that the purpose of disciplinary liability can be achieved thus; ... c) the admission of the appeal and the annulment of the administrative act ... (7) The reasoned decision must include at least the following: ... a) description of the act constituting disciplinary misconduct ... b) specifying the legal provisions violated by the policeman; ... c) analysis of the claims presented by the policeman in the appeal; ... d) the legal basis under which the disciplinary sanction applies; ... e) the reason for the admission or rejection of the policeman's appeal regarding the sanction imposed. ... (8) The policeman dissatisfied with the sanction applied can be addressed to the administrative court, under the law, without going through the prior procedure. ... (9) If the sanction was ordered by the Minister of Home Affairs, the measure shall be challenged under the conditions Law of Administrative Litigation no. 554/2004 ... , with subsequent amendments and completions. ---------- Article 61 has been amended by section 6.6. 8 8 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 62 (1) The Council shall be constituted and operated at the level of the central apparatus of the Ministry of Internal Affairs and of its general directorates/directions, at the level of the general inspectorates, of the other structures under the Ministry of Internal Affairs and their subordinate structures. ... (2) The Council is a collective body of legal and professional analysis of the deviations committed by the police and of the way in which they were investigated, constituted to be consulted by the persons referred to in art. 59 59 para. ((2). ... (3) If the persons referred to in art. 59 59 para. (2) have the referral and consultation of the council, the file of the prior research shall be submitted to it, through the care of the human resources ... ((4) Council debates shall be recorded in the minutes of the meeting and the conclusions and proposals shall be concluded. ... (5) The conclusion of the Council must include the following: ... a) the number and date of registration of the prior research report, with the resolution of the person provided in art. 59 59 para. ((2) on the referral and consultation of the council; ... b) the number of the administrative act by which the council was established, the unit in which it operates and its composition, and, as the case may be, the changes in the composition by replacing some members; ... c) the professional degree, the name, surname and position of the policeman whose deed has been investigated and the unit to which it belongs; ... d) the brief presentation of the complaint and the circumstances in which it was committed; ... e) data and information on the procedure followed; ... f) evaluation of the administered samples ... g) other data and elements appreciated as necessary, as appropriate; ... h) council proposal; ... i) motivating the proposal; ... j) the professional degree, the name, surname and signature of the president, the other members of the council, and the secretary; ... k) date of conclusion. ... (6) The Council may propose: ... a) the ranking of the file, in case of finding the non-existence of the facts investigated, the innocence of the investigated policeman, the fulfillment of the limitation period of liability, as well as in the situation of termination of the service relations of the investigated policeman; ... b) the application of the measure provided in 58 58 ^ 1; ... c) application of one of the sanctions provided in art. 58 58 para. ((1). ... (7) The conclusions of the council on the existence/non-existence of disciplinary misconduct and the guilt/innocence of the investigated policeman are mandatory for the persons referred to in art. 59 59 para. ((2), and the proposal on the disciplinary sanction or on the application of the measure provided for in art. 58 ^ 1 has an advisory character. ... ---------- Article 62 has been amended by section 6.6. 9 9 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 62 ^ 1 In the event of serious disciplinary misconduct affecting the image and credibility of the institution, as well as the profession of policeman, prior research and consultation of the discipline councils shall be available and shall be carried out immediately after finding the deed. ----------- Article 62 ^ 1 was introduced by the section 7 7 of art. unique of EMERGENCY ORDINANCE no. 102 102 of 16 November 2004 , published in MONITORUL OFFICIAL no. 1.083 1.083 of 22 November 2004. + Article 62 ^ 2 Following the analysis of the case in the council, the persons referred to in 59 59 para. (2) may take one of the following measures: a) the ranking of the file, in case of finding the non-existence of the facts investigated, the innocence of the investigated policeman, the fulfillment of the limitation period of liability, as well as in the situation of termination of the service relations of the investigated policeman; ... b) Motivated restitution of the same council file for completing disciplinary research; ... c) application of the measure provided for in 58 ^ 1 or, as the case may be, a sanction between those provided for in art. 58 58 para. ((1). ... ---------- Article 62 ^ 2 was introduced by the section 10 10 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 62 ^ 3 (1) At the level of the structures provided for in 62 62 para. (1), except for the general directions/directions within the central apparatus of the Ministry of Internal Affairs, shall be established, by administrative act of the chief, a collective of policemen, designated by maximum 5 of each specialized their framework, completed in the profession, appreciated for moral integrity, professional competence and credibility, hereinafter referred to as collectively. ... (2) The members of the collective shall be appointed for a period of 3 years, with the possibility of renewing the mandate only once. ... (3) The members of the collective participate in a training program on disciplinary procedure, organized by the care of human resources structures. ... ---------- Article 62 ^ 3 was introduced by the section 10 10 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 62 ^ 4 (1) For the constitution of the council, at the level of the structures provided 62 62 para. (1), by administrative act of the person referred to in art. 59 59 para. (2) are nominated 3 members, among the police officers who are part of the collective, and a secretary, within the human resources structure. The Council shall be appointed for each individual case and shall consist of 3 full members, one of whom shall be appointed President, and one Secretary. ... (2) In objective cases it may be ordered to replace one or some members of the council with other members of the collective. ... (3) In the appointment of the members of the council, one of them shall have the specialty of the investigated policeman and at least one of the members shall be licensed in law. The two conditions can be met cumulatively by the same member. ... (4) The police officers who have the status of legal adviser, who are in a position to subsequently endorse the administrative act of sanctioning, cannot be nominated. ... ---------- Article 62 ^ 4 was introduced by the section 10 10 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 62 ^ 5 If, during the course of disciplinary research, there are reasonable suspicions about the commission of crimes, the policeman assigned to carry out the prior investigation or, as the case may be, the members of the council draw up a report on the circumstances found, in order to notify the competent prosecution bodies, under the conditions art. 61 61 of Law no. 135/2010 on the Code of Criminal Procedure, with subsequent amendments and completions. In this case, the disciplinary procedure for these facts shall be suspended until the final settlement of the criminal case. ---------- Article 62 ^ 5 was introduced by the section 10 10 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 62 ^ 6 (1) During the period of disciplinary research, the policeman cannot be moved, delegated, seconded, empowered on a leading position in another unit, nor can he be sent to international missions. ... (2) By exception to the provisions of par. (1), the investigated policeman can be moved in a situation where, following the reorganization of the unit, the position occupied by him is no longer found in the state of organization. ... (3) The policeman's move under the conditions of para. ((2) does not affect the disciplinary procedure triggered towards it. ... ---------- Article 62 ^ 6 was introduced by the section 10 10 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 62 ^ 7 The policeman is under the effect of a disciplinary sanction, as follows: a) 6 months from application, for the disciplinary sanction provided in art. 58 58 para. ((1) lit. a); ... b) one year after the expiry of the period for which the disciplinary sanctions provided for in art. 58 58 para. ((1) lit. b) and c), respectively from the application of the sanction provided in art. 58 58 para. ((1) lit. d); ... c) 7 years from the date of application of the sanction provided in art. 58 58 para. ((1) lit. e). ... ---------- Article 62 ^ 7 was introduced by the section 10 10 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 62 ^ 8 The rules for the application of the provisions of this chapter, relating to rewards and disciplinary liability, shall be established by Government decision *). ---------- Article 62 ^ 8 was introduced by the section 10 10 of art. I of LAW no. 81 81 of 17 April 2015 , published in MONITORUL OFFICIAL no. 266 266 of 21 April 2015. + Article 63 (1) The policeman responds for damage caused to the patrimony of the unit, according to the legislation applicable to civil personnel in the Ministry ... ----------- Alin. ((1) of art. 63 63 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (2) The policeman does not respond to the damage caused to the patrimony of the unit if they are the consequence of an action carried out ... + Article 64 Repealed. ------------- Article 64 was repealed by art. V of LAW no. 281 281 of 24 June 2003 , published in MONITORUL OFFICIAL no. 468 468 of 1 July 2003. + Article 65 Repealed. ---------- Article 65 was repealed by point (a). 23 23 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Chapter V Termination of police service reports ----------- Title Cap. V has been amended by section 38 38 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. + Article 66 (1) The stability of the policeman at work is guaranteed, under the conditions of this law. ... (2) The service report of the policeman shall be born with the first professional degree. ... + Article 67 Repealed. ----------- Article 67 was repealed by point (a). 39 39 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. + Article 68 Repealed. ----------- Article 68 was repealed by point (a). 39 39 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. + Article 69 (1) The cessation of service relations of the policeman shall be duly ordered by persons who, according to art. 15, have the competence to grant professional degrees and take place: ... a) at the age and other conditions necessary for retirement in the public pension system for national defence, public order and national security institutions; ... ---------- Lit. a) a par. ((1) of art. 69 69 has been amended by section 4.2 1 1 of art. unique of EMERGENCY ORDINANCE no. 107 107 of 30 November 2011 published in MONITORUL OFFICIAL no. 861 861 of 7 December 2011. b) to the loss of work capacity, under the law, except for the situation in which the maintenance in activity has occurred under the conditions of art. 33 33 ^ 1; ... ---------- Lit. b) a par. ((1) of art. 69 69 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 66 66 of 26 June 2013 , published in MONITORUL OFFICIAL no. 383 383 of 27 June 2013. c) at the fulfillment of the age limit in the professional degree; ... ----------- Lit. c) a par. ((1) of art. 69 69 has been amended by section 4.2 9 9 of art. unique from LAW no. 101 101 of 7 April 2004 , published in MONITORUL OFFICIAL no. 346 346 of 20 April 2004, amending section 40 40 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. d) on request; ... e) the appointment to another public office; ... f) by resignation; ... g) to the dismissal from the police; ... h) at the granting of the unsatisfactory rating, twice; ... ----------- Lit. h) a par. ((1) of art. 69 69 has been amended by section 4.2 9 9 of art. unique from LAW no. 101 101 of 7 April 2004 , published in MONITORUL OFFICIAL no. 346 346 of 20 April 2004, amending section 40 40 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. i) when convicted by final court decision, except in cases where it was ordered to suspend the execution of the sentence under supervision or criminal fines for crimes committed at fault, based on the approval of persons who have awarded the professional degrees provided for in art. 15 15; ... ----------- Lit. i) a par. ((1) of art. 69 69 has been amended by section 4.2 2 2 of art. 53 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. j) for other reasons or needs of the Ministry of Internal Affairs, after the expiry of the period of making available or, during this period, at the request of the policeman, under the conditions of 27 ^ 21 para. ((1) where the appointment has not been made; ... ---------- Lit. j) a par. ((1) of art. 69 69 has been amended by section 4.2 24 24 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. k) when he does not promote the final examination provided in art. 21 21 para. ((5); ... l) when it was established that he was fraudulently framed in the police, even if this situation was later detected; ... m) in case of non-completion by the police agents of the studies provided in art. 73 73 para. ((8). ... n) when the policeman did not support, for imputable reasons, the psychological evaluation within 3 months from the date of suspension of the service report under the conditions of art. 27 ^ 25 lit. h). ... ---------- Lit. n) a par. ((1) of art. 69 69 was introduced by section 4.2. 25 25 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (2) The service reports of the policeman may not cease by resignation at the establishment of the state of emergency or the state of siege or in case of mobilization and war. ... ----------- Article 69 has been amended by section 6.6. 40 40 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. + Article 69 ^ 1 (1) Age limits in the professional degree to which police officers can be kept in service are the standard retirement ages for the age limit provided by the social insurance and pension legislation governing the public health system. pensions for national defence, public order and national security institutions. ... (2) Police matters, chief police quaestors, police chief quaestors and police general quaestors are kept in service after reaching the standard retirement age until the age of 60 or terminations of police. service, on request, under the legal provisions in force. ... (3) After reaching the age of 60, the police referred to in par. (2) can be kept in service until reaching the age of 62, on request, if the state of health allows them to solve in very good conditions their duties, with the annual approval of the Minister of Internal Affairs. ... ----------- Alin. ((3) of art. 69 ^ 1 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (4) In relation to framing needs, police officers, other than those referred to in par. ((2), may be kept in service after reaching the standard retirement age up to the age of 60, as follows: ... a) with the annual approval of the Minister of Internal Affairs, for the police officers; ... ----------- Lit. a) a par. ((4) of art. 69 ^ 1 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". b) with annual approval of general/similar inspectors, for police officers. ... ------------ Article 69 ^ 1 has been amended by section 6.6. 2 2 of art. unique of EMERGENCY ORDINANCE no. 107 107 of 30 November 2011 , published in MONITORUL OFFICIAL no. 861 861 of 7 December 2011. + Article 70 The policeman who graduated from an educational institution of the Ministry of Internal Affairs and who ceased his service relations in the first 10 years of activity for reasons attributable to him is obliged to refund the expenses incurred with the preparation to, in proportion to the period remaining up to 10 years, according to the commitment made in this regard ----------- Art. 70 has been amended according to letter. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". + Chapter VI Final and transitional provisions + Article 71 (1) Police officers who at the time of termination of service relations do not meet the age and seniority conditions in order to be granted a service pension benefit from professional retraining programs as follows: ... a) in the next 6 months after the adoption of the measures provided in 69 69 para. ((1) lit. j); ... ----------- Lit. a) a par. ((1) of art. 71 71 has been amended by section 4.2 5 5 of art. I of LAW no. 133 133 of 27 June 2011 , published in MONITORUL OFFICIAL no. 448 448 of 27 June 2011, as of 1 January 2012. b) after the situation referred to in art. 69 lit. b). ... (2) Professional reversion of the police officers in the situations mentioned in par. (1) shall be ensured through the care of the Ministry of Internal Affairs, in collaboration with the Ministry of Labour, Family, Social Protection and Elderly and with the National Employment Agency, based on the protocols concluded in this regard. ... ----------- Alin. ((2) of art. 71 71 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (3) The organization and conduct of the retraining programs shall be established by order of the Minister of Internal Affairs. ... ----------- Alin. ((3) of art. 71 71 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (4) In order to reconvert professional police officers may follow free qualification, retraining, improvement or, as the case may be, other forms of professional training, organized by the Ministry of Internal Affairs, and, with the support of to this ministry, courses organized by other ministries, as well as by institutions or legal entities of private law authorized, according to the law, for this purpose. ... ----------- Alin. ((4) of art. 71 71 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (5) The labor of the courses organized outside the Ministry of Internal Affairs under the conditions of par. (4) shall be borne from its budget, within the limit of 3 gross salaries obtained by the policeman at the time of termination of service relations. ... ----------- Alin. ((5) of art. 71 71 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". + Article 72 (1) On the date of entry into force of this law the police officers in office are not applicable to them provisions on the conditions of studies and internship in the degree, except in cases where they are subject to an advance or promotion. ... (2) At the same time to the police graduates with a diploma of the Police Academy "Alexandru Ioan Cuza" of the Ministry of Internal Affairs or other accredited higher education institutions will be granted professional degrees under the established conditions by this law. ... ----------- Alin. ((2) of art. 72 72 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (3) The police will take the oath of allegiance. The refusal to submit the oath of allegiance attracts the dismissal from the police, which is recorded by the conclusion of a minutes, signed by the persons referred to in art. 23 23 para. ((1). ... + Article 73 (1) On the date of entry into force of this law the military ranks of the police will be equated with professional degrees, according to the training and studies of each, with the maintenance of the rights previously won, as follows: ... A. Police officers: a) sub-lieutenant-police sub-inspector; ... b) Lieutenant-Inspector of Police; ... c) captain-chief inspector of police; ... d) Major-police sub-commissioner; ... e) lieutenant colonel-police commissioner; ... f) Colonel-Police Chief Commissioner; ... g) Brigadier General-Police Quaestor; ... h) Major General-Police Chief Quaestor; ... i) general-lieutenant-chief police officer; ... ----------- Lit. i) lit. A de la par. ((1) of art. 73 73 has been amended by section 4.2 42 42 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. j) general-police general quaestor. ... ----------- Lit. j) a lit. A de la par. ((1) of art. 73 73 has been amended by section 4.2 42 42 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. B. Police agencies: a) 4th grade military foreman and sergeant-major-police officer; ... b) Military foreman class III and plutonier-principal police officer; ... c) military foreman class II and plutonier-major-agentchief deputy police; ... d) Military foreman class I and plutonier adjutant-agentsef of police; ... e) Senior military foreman and adjutant plutonier-chief chief constable of police. ... (2) The equivalence of the ranks of the police officers and officers is also valid in case of termination of service reports of the police, as well as in the case of moving military personnel or police officers between the police units and the other units of the Ministry of Internal Affairs or in case of transfer to/from other institutions of the national defense system, public order and national security, as the case may be. ... ----------- Alin. ((2) of art. 73 73 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (3) Commissioner-heads of police who are in the professional degree or in the rank of colonel of at least 5 years and have been assigned during this period at least 3 years in positions provided in the organization states with professional degree of quaestor of police or brigadier general or superior and have been appreciated in the last 3 years with the rating of at least <
>, upon termination of service relations may be granted the professional degree of police superintendent, under the conditions of this law.
... ----------- Alin. ((3) of art. 73 73 has been amended by section 43 43 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. (4) Police officers who have not completed short or long-term studies with a diploma will be assigned to positions according to equivalent professional degrees. ... (5) Police officers established in par. ((1) lit. To be awarded the following professional degree only after graduating from higher education corresponding to the category to which they belong. ... (6) Police officers who have not completed high school and post-secondary education with a degree will be assigned to positions according to equivalent professional degrees. ... ((7) Abrogat. ... ---------- Alin. ((7) of art. 73 73 has been repealed by section 6.6. 26 26 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. (8) The period granted to the police for the completion of the studies necessary for the equivalence in the degrees corresponding to the function they hold, according to the (1), is 5 years from the date of entry into force of this Law. If after the expiry of the 5-year period the police have not completed their studies necessary for the equivalence in the professional degrees they have, the police officers will be classified in categories and professional degrees corresponding to the training, and the agents The police will cease their service relations. ... ----------- Alin. ((8) of art. 73 73 has been amended by section 43 43 of art. I of EMERGENCY ORDINANCE no. 89 89 of 2 October 2003 , published in MONITORUL OFFICIAL no. 715 715 of 14 October 2003. (9) The internship in the military degree had at the date of equivalence will be taken into account when granting professional degrees, according to par. (1) and in compliance with the conditions provided in art. 16 16 para. ((1) lit. b). ... (10) The granting of professional degrees for police officers is usually made once a year, on the occasion of the "Romanian Police Day". ... (11) The granting of professional degrees to the direct classification of police officers is made according to the competences established by order of the Minister of Internal Affairs. ... ----------- Alin. (11) of art. 73 73 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (12) Granting of professional degrees to the police referred to in art. 9 9 para. ((2) and in art. 54 54 para. (2) can be done throughout the year. ... + Article 74 (1) The records of the police during and after the termination of the service relations, as well as the ways of keeping it are established by order of the Minister of Internal Affairs. ... ----------- Alin. ((1) of art. 74 74 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (2) At the end of the service relations the policeman is obliged within 15 days to present himself at the military center within which he resides, in order to be taken into account as a reservist with the specialty "police" and the equivalent military degree the professional degree had on that date in the record group of the Ministry of Internal Affairs. ... ----------- Alin. ((2) of art. 74 74 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (3) The police officers take into account that reservists can be focused or mobilized to complete the staff of the Ministry of Internal Affairs, under the conditions provided by law. ... ----------- Alin. ((3) of art. 74 74 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". + Article 74 ^ 1 By order of the Minister of Internal Affairs, procedural aspects are established regarding: a) the organization and conduct of the professional training courses of the policeman, as well as of the competitions and exams provided by this law; ... b) birth, modification, suspension and termination of service relations. ... ---------- Art. 74 ^ 1 was introduced by item 27 27 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. + Article 75 The description of the uniform of policeman and distinctive marks is established by Government decision. + Article 76 (1) The provisions of this Law shall apply, accordingly, to the personnel of the Romanian Border Police, the General Directorate of Informatized Records of the Person, the National Office for Refugees, the General Directorate of Information and Protection internal, the educational units of the police and the corresponding structures within the Police Academy <
>, as well as the personnel of the units in the central apparatus of the Ministry of Internal Affairs and its subordinate
... (2) The powers established to the Inspector General of the Romanian Police by this law shall be exercised for the personnel of the structures provided in par. ((1) by their leaders. ... ----------- Article 76 has been amended according to letter. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". + Article 77 The payment of money rights due to the police, provided in this law, is made from the funds allocated from the state budget. + Article 78 Repealed. ---------- Article 78 was repealed by point (a). 28 28 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016. Note ... ---------- Previously, by CONSTITUTIONAL COURT DECISION no. 244 244 of 19 April 2016 , published in MONITORUL OFFICIAL no. 469 of 23 June 2016 the exception of unconstitutionality regarding the provisions of the art. 78 78 para. ((1) of Law no. 360/2002 on the Statute of the Police Officer ( 78 78 para. (1): " The procedure and cases of modification and/or suspension of the service relations of the policeman shall be established by order of the Minister of Administration and Interior.) Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. On 21.06.2016, item 28 28 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 June 2016 , published in MONITORUL OFFICIAL no. 459 459 of 21 June 2016 repealed art. 78 78 of Law no. 360/2002 on the status of the policeman, in full, CONSTITUTIONAL COURT DECISION no. 244 244 of 19 April 2016 , published in MONITORUL OFFICIAL no. 469 of 23 June 2016 becomes unenforceable with regard to the suspension and termination of the legal effects of art. 78 78 para. ((1) of the same normative act. ---------- + Article 79 In administrative-territorial units where persons belonging to national minorities hold a share of more than 20% there will be employees and police officers who also know the language. + Article 80 Under the law, by Government decision, the credit house for police can be established. + Article 81 (1) The Government's decisions and the orders of the Minister of Internal Affairs given in the application of this Law shall be issued within 30 days from the date of its entry into force. ... ----------- Alin. ((1) of art. 81 81 has been modified according to lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of 22 December 2012, by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Internal Affairs". (2) Until the adoption of the Government decisions provided in par. (1) the police benefit from the corresponding rights provided for in the normative acts in force for the military ... + Article 82 (1) The present law shall enter into force within 60 days from the date of its publication in the Official Gazette of Romania, Part I. ... (. On the same date any other provisions to the contrary shall be repealed. ... This law was adopted by the Senate at the meeting of May 13, 2002, 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 14, 2002, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU ------
