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Law No. 415 Of 27 June 2002 Concerning The Organisation And Functioning Of The Supreme Council Of Defense Of The Country

Original Language Title:  LEGE nr. 415 din 27 iunie 2002 privind organizarea şi funcţionarea Consiliului Suprem de Apărare a Tarii

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LEGE no. 415 415 of 27 June 2002 (* updated *) on the organization and functioning of the Supreme Council of National Defence ((updated on 23 July 2009 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 The Supreme Council of Defense of the Country is the autonomous administrative authority vested, according to the Constitution, with the organization and unitary coordination of activities concerning the defense of the country and national security + Article 2 The work of the Supreme Council of National Defence is subject to parliamentary examination and verification. Annually, no later than the first quarter of the following year, as well as at the request of Parliament's specialist standing committees or whenever deemed necessary, the Supreme Council of National Defence presents, in the joint sitting of the Chamber Deputies and Senate, reports on the work carried out. + Article 3 In the exercise of their duties, the Supreme Council of Defense of the Country issues decisions, according to the law, which are mandatory for public administration authorities and public institutions to which they refer. They respond, under the law, to the measures taken to implement them. + Chapter II Tasks + Article 4 The Supreme Council of National Defence has the following tasks: a) analyze and/or propose, according to the law, promotion: 1. the national security strategy of Romania and the national defense strategy of the country; ------------ Item 1 of the letter. a) of art. 4 4 has been amended by art. unique from LAW no. 141 141 of 10 July 2008 , published in MONITORUL OFFICIAL no. 533 533 of 15 July 2008. 2. Romania's military strategy; 3. strategies of public order and national security of Romania, in relation to the responsibilities of the competent institutions; 4. data, information and assessments provided by the information services and other structures with attributions in the field of national security; b) at the request of the President of Romania, 1. establishment of curfew or state of emergency throughout the country or in some localities; 2. declaration of partial or general mobilization of the armed forces; 3. rejection of armed aggression directed against the country; 4. declaration of the state of war and its termination; 5. initiation, suspension or termination of military action; c) proposes for approval: 1. implementation of the plan to mobilize the national economy and the execution of the state budget, for the first year of war; 2. the measures necessary to defend and restore the constitutional order; d) endorses the draft normative acts initiated or issued by the Government regarding: 1. national security; 2. general organization of armed forces and other institutions with attributions in the field of national security; 3. organization and functioning of the Supreme Council of National Defence; 4. preparing the population, the economy and the territory for defense; 5. the budget proposals of the institutions responsible for national security; 6. budgetary allocations for ministries and services with attributions in the field of defence, public order and national security; 7. the conditions of entry, passage or parking on the territory of Romania of foreign troops; 8. appointment to the positions provided in the organization states with the rank of general-lieutenant, vice-admiral, similar and superior to them; e) submits for approval to the commander of the armed forces the plans for the use of forces in peacetime, in crisis situations and at war; f) approves: 1. the basic guidelines in the field of international relations on national security; 2. the projects of international treaties and agreements in the field of national security or with incidents in this field; 3. establishing relations with similar bodies abroad by institutions and structures with attributions in the field of national security; 4. completion of military structures with flocks, according to the states of organization in peacetime; 5. execution of the battle alarm for bringing military structures in the state that allows them to pass, to the order, to the fulfillment of combat missions; 6. action plans to declare mobilization and declare the state of war; 7. the action plans for the establishment of the curfew and the state of emergency; 8. the draft plan to mobilize the national economy and the draft state budget, for the first year of war; 9. plan to verify the state of training of the population for defense through exercises and mobilization training; 10. the distribution of the number of recruits incorporated on the institutions with attributions in the field of national security; 11. the objectives of preparing the territory to ensure the operational needs of the forces of the national defense system 12. the nomenclature and the levels of establishment of the mobilization reserves; 13. multiannual programmes on the endowment of the forces of the national defence system; 14. militarization, under the law, of economic agents whose activity is directly related to the provision of resources necessary for defense; 15. joint intervention plan of the units of the Ministry of National Defence and the Ministry of Interior to limit and eliminate the effects of disasters on the national territory; 16. the regime of special telecommunications networks and equipment and the criteria for the distribution of subscriber posts for the users of these networks; 17. the organizational structure and duties of the Grand Headquarters; 18. establishment of the position of military commander subordinated to the Grand Headquarters General and its duties to ensure the unitary leadership during the war; 19. persons and objectives that benefit from the protection and security of the Protection and Guard Service and the norms regarding the anti-terrorist protection of Romanian and foreign dignitaries, as well as other official persons; 20. reports and briefings presented by leaders of public administration bodies, regarding national security; 21. the general plans for the search for information submitted by national security institutions and structures; 22. the main directions of activity and the general measures necessary to eliminate threats to national security; 23. the organizational structure, the flocks and the operating regulations of the Romanian Intelligence Service, the Foreign Intelligence Service, the Special Telecommunications Service and the Protection and Guard Service; 24. operative expenses intended to achieve national security; 25. the rules on the planning, records, use, justification and control of operational expenses aimed at achieving national security for institutions with attributions in this field; 26. annual accounts of budgetary execution of operational expenses for the achievement of national security, of institutions with attributions in the field of national security, after the approval of reports on their activity; 27. establishment, abolition, dislocation and relocation, in peacetime, on the national territory, of the major military units from the brigade echelon, including, up; 28. proposals for the granting of marshal, general, admiral and similar; g) coordinate the integration activity in the European and Euro-Atlantic security structures, monitor the process of adapting the armed forces to NATO requirements and formulate recommendations, in accordance with the Alliance standards; h) appoints and revokes in/from functions, in the cases and conditions established by law; i) exercise any other powers provided by law in the field of defense of the country and national security. + Chapter III Organisation and operation + Article 5 (1) The President of Romania shall serve as chairman of the Supreme Council of National Defence. (2) The Prime Minister of the Romanian Government shall serve as deputy chairman of the Supreme Council of National Defence. ---------- Alin. ((2) art. 5 returned to the previous form EMERGENCY ORDINANCE no. 224 224 of 30 December 2008 , published in MONITORUL OFFICIAL no. 899 of 31 December 2008, following the unconstitutional declaration of the Law on approval Government Emergency Ordinance no. 224/2008 for amendment art. 5 5 para. ((2) of Law no. 415/2002 on the organization and functioning of the Supreme Council of National Defence by CONSTITUTIONAL COURT DECISION no. 1.008 1.008 of 7 July 2009 , published in MONITORUL OFFICIAL no. 507 507 of 23 July 2009. (3) Members of the Supreme Council of National Defence are: Minister of National Defence, Minister of the Interior, Minister of Foreign Affairs, Minister of Justice, Minister of Industry and Resources, Minister of Public Finance, Director of the Romanian Information, Director of the Foreign Intelligence Service, Chief of General Staff and Presidential Adviser on National Security. (4) The Secretary of the Supreme Council of Defense of the Country is appointed by the President of Romania and has the rank of state counselor in the Presidential Administration. + Article 6 (1) The Supreme Council of National Defence shall convene its chairman, quarterly or whenever necessary. (2) The Supreme Council of National Defence may also be convened at the initiative of at least one third of its members. (3) The Supreme Council of National Defence shall work in the presence of at least two thirds of its members and shall adopt decisions by consensus. + Article 7 (1) The meetings of the Supreme Council of Defense of the Country are secret. The meetings of the Supreme Council of Defense of the Country are led by its president, and in his absence, by vice president ((2) The agenda shall be determined by the President, in consultation with the Vice-President. (3) The proposals of the ministries must be endorsed by the Prime Minister to be placed on the agenda. + Article 8 If a member of the Supreme Council of National Defence cannot attend the meeting, he may be represented, without the right to vote, by his legal replacement. + Article 9 At the works of the Supreme Council of Defense of the Country can participate as guests, with the approval of the president, representatives of the Parliament, central and local public administration, non-governmental organizations, other public institutions tasks in the field of defence and national security, as well as of civil society, persons whose presence is necessary in relation to the problems on the work agenda. + Article 10 The Supreme Council of Defense of the Country operates on the basis of an operating regulation approved by its decision. + Article 11 (1) The Supreme Council of Defense of the Country has a secretariat operating within the Presidential Administration, being coordinated by the Secretary of the Supreme Council of Defense of the Country. (2) The attributions, organization and functioning of the secretariat provided in par. ((1) shall be established by decision of the Supreme Council of Defense of the Country. + Article 12 (1) The decisions of the Supreme Council of National Defence shall be signed by its chairman and shall be communicated to the public administration authorities and public institutions to which they refer, in full or in extract, except those for which they decide Otherwise. The decisions that have a state secret character shall be communicated in compliance with the legal provisions on the protection of classified information. (2) The Secretariat of the Supreme Council of National Defence may transmit press releases, the content of which is approved by the council. + Article 13 The members of the Supreme Council of National Defence shall be responsible for compliance with the decisions taken by him. + Chapter IV Final provisions + Article 14 This Law shall enter into force 30 days from the date of its publication in the Official Gazette of Romania, Part I. Law no. 39/1990 on the establishment, organization and functioning of the Supreme Council of National Defence, published in the Official Gazette of Romania, Part I, no. 142 142 of 13 December 1990 and any other provisions to the contrary shall be repealed. This law was adopted by the Senate at the meeting of May 30, 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 its meeting on June 18, 2002, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU ---------