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Law No. 673 Of 19 December 2002 On The Approval Of The Government Ordinance. 35/2002 Approving The Framework Regulation On The Organisation And Functioning Of Local Councils

Original Language Title:  LEGE nr. 673 din 19 decembrie 2002 privind aprobarea Ordonanţei Guvernului nr. 35/2002 pentru aprobarea Regulamentului-cadru de organizare şi funcţionare a consiliilor locale

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LEGE no. 673 673 of 19 December 2002 on approval Government Ordinance no. 35/2002 for the approval of the Framework Regulation for the organization and functioning of local councils
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 953 953 of 24 December 2002



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 35 35 of 30 January 2002 for the approval of the Framework Regulation for the organization and functioning of local councils, adopted pursuant to the provisions art. 1 1 section IV.4 of Law no. 751/2001 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 90 of 2 February 2002, with the following amendments and additions: 1 paragraphs 3 and 5 of Article 1 of the Annex shall read as follows: " (3) If neither at the third convocation is presented at least two thirds of the number of declared elected councillors, the prefect will order the verification of the reasons that led to the failure to appear at the meeting of the absent councillors. If the absences are not based on thorough reasons, determined by: the disease that required hospitalization or bed immobilization; travel abroad for work; force majeure events such as: floods or other catastrophes that have prevented movement; death in the family or other similar situations, the prefect will issue an order declaring vacant the seats of the declared elected councillors, who have been unmotivated since the previous 3 summons. The prefect's order can be appealed by those interested in the administrative court within 5 days of communication. The court's ruling is final and irrevocable. ................................................................. (5) If the lists of candidates are no longer alternates or they refuse, in turn, to appear at the meeting, the prefect will order the organization of elections to complete the posts declared vacant according to par. ((3). Elections will be held under the conditions Law no. 70/1991 on local elections, republished, with subsequent amendments and completions, no later than 30 days from the date of issue of the order and they will be able to participate all political parties, political alliances or electoral alliances that have submitted initially lists of candidates, as well as independent candidates who have not been declared elected in the previous elections. " 2. Paragraph 3 of Article 4 of the Annex shall read as follows: " (3) The election of the members of the validation committee shall be made individually by the open vote of the majority of the councillors present at the establishment meeting, and the result will be recorded in the decision no. 1 1. " 3. Paragraph 1 of Article 6 of the Annex shall read as follows: "" Art. 6. -(1) After the election of the validation committee the president has a new break, during which the legality of the election of each adviser will be examined by the commission, based on the files presented by the president of the age, and the proposals will be drawn up validation or invalidation of mandates. To this end, a report shall be concluded, the model of which is set out in Annex no. 1 1. " 4. After paragraph 4 of Article 6 of the Annex, paragraph 5 is inserted as follows: " (5) If, until the date of validation, an declared candidate elected is no longer part of the party on whose list he was elected, at the written request of the respective party his mandate will not be validated, to be validated the first alternate on list. " 5. Paragraph 4 of Article 8 of the Annex shall read as follows: " (4) Councillors may be sworn in without a religious formula. In this case the oath will be printed on the form without this formula. " 6. The title of Chapter II of the Annex shall read as follows: "" Local council organisation " 7. Paragraph 1 of Article 9 of the Annex shall read as follows: "" Art. 9. -(1) After the declaration of the local council as legally constituted, the decision of the sitting president shall be made. The choice is made by the open vote of most councillors in office. The term of office of the sitting president shall not be more than 3 months. " 8 paragraphs 2 and 6 of Article 11 of the Annex shall read as follows: " (2) The proposal of candidates for the election of the deputy mayor, respectively of the deputy mayors, is made by any of the councillors or by the groups of councillors. .............................................................. (6) If 2 deputy mayors are elected, the first 2 candidates who have obtained the vote of the majority of councillors in office are declared elected. " 9. Article 13 of the Annex shall read as follows: "" Art. 13. -The deputy mayor's election will be recorded in the decision no. 5 5 of the local council. By the same decision the local council takes note of the termination of the mandate of councillor of the deputy mayor, instead being validated the first alternate on the list of the political party, political alliance or electoral alliance in question, which their management confirms in writing that the person concerned is still a member of that party. " 10. Paragraph 2 of Article 15 of the Annex shall read as follows: " (2) The fields of activity in which specialized commissions may be organized, their name and the number of members, which will always be odd, shall be determined by the local council, depending on the specificity of the activity in each unit administrative-territorial, and the main areas of activity in which specialized committees can be organized are set out in Annex no. 2 2. " 11. Paragraph 3 of Article 15 of the Annex shall be repealed. 12. Paragraph 3 of Article 16 of the Annex shall read as follows: "(3) The meetings of the specialized committee are, as a rule, public." 13. After paragraph 3 of Article 16 of the Annex, paragraph 3 ^ 1 is inserted as follows: "(3 ^ 1) The Commission may invite other persons to participate in the debates." 14. Paragraph 2 of Article 17 of the Annex shall read as follows: " (2) The nomination of the members of each committee shall be made by each group of councillors, and of independent councillors, by the local council, having regard, as a rule, their option, their professional training and the field in which they operate. " 15. Article 28 shall be repealed. 16. Paragraph 3 of Article 29 of the Annex shall read as follows: " (3) The analysis and verification commission shall submit to the local council, at the deadline set by it, the report drawn up after the analyses and verifications carried out The report shall include, where appropriate, concrete proposals to improve the work in the field of analysis or verification. " 17. Paragraph 1 of Article 31 of the Annex shall read as follows: "" Art. 31. -(1) After taking over the management of the works of the local council by the sitting president, it shall be passed to the swearing-in ceremony by the mayor, if the validation procedure of his mandate has been completed. For this purpose the judge or other person appointed by the president of the court shall present before the local council the validation decision. " 18 paragraphs 2 and 3 of Article 32 of the Annex shall read as follows: " (2) The mayor will occupy a separate place in the meeting room. (3) If the prefect, the county council president or their representatives participate in the works of the local council, they will occupy a distinct place. " 19. After paragraph 4 of Article 35 of the Annex, paragraph 5 is inserted as follows: "(5) In the communes or cities where citizens belonging to a national minority have a share of more than 20% of the inhabitants, the agenda shall be made public and in the mother tongue of the citizens belonging to the respective minority." 20. Paragraph 2 of Article 36 of the Annex shall read as follows: "(2) The adviser who cannot take part in the meeting shall be obliged to inform the sitting president or the secretary of the administrative-territorial unit." 21. Article 37 of the Annex shall read as follows: "" Art. 37. -If in the administrative-territorial unit there are village delegates, they will be compulsorily invited to the meetings of the local council discussing aspects that interest the village. discussed and will participate in the vote, voting or having an advisory character. " 22. Paragraph 1 of Article 38 of the Annex shall read as follows: "" Art. 38. --(1) The debate on the issues is usually done in the order in which they are placed on the approved agenda. The debate begins by briefly presenting the draft decision or the issue on the agenda, which the initiator does. Then the chairman of the specialist committee shall be given the floor and, where appropriate, the head of the department which prepared the report. ' 23. Article 40 of the Annex shall read as follows: "" Art. 40. -The sitting president or representative of any group of councillors may propose to conclude the debate on a problem posed in the discussion of the The proposal to end the debate is put to the vote The talks will be stopped if the proposal has been accepted by most councillors. " 24. Article 43 of the Annex shall read as follows: "" Art. 43. -On draft decisions there are also general debates on articles, with councillors able to formulate substantive or drafting amendments. The amendments made are subject to the vote of the local council in the order of their If an amendment has been adopted, the others shall be deemed to be rejected without voting. " 25. Articles 55 to 59 of the Annex shall be repealed. 26. In Chapter V of the Annex, the heading of Section 1 is repealed. 27. Article 69 of the Annex shall read as follows: "" Art. 69. -The local councillor can resign by announcing the council in writing The settlement of the application will be made under the conditions and with the procedure established according to the provisions of the Statute of the 28. In Chapter V of the Annex, section 2 and Articles 70-79, respectively, shall be repealed. 29. After Article 79 of the Annex, chapters VI and VII are inserted as follows: "" CHAPTER VI Permanent apparatus of the local council Art. 79 ^ 1. -(1) For the proper organization of the works of the local council, as well as for the settlement of other aspects of its activity, it can create a post with permanent activity at communes and cities and 1-2 posts in the municipality, on which they will be classified, by judgment, persons who have higher education, legal or administrative rule. (2) The functions on which the persons referred to in par. (1) shall be established by decision of the local council, and the selection of these persons shall be made on the basis of competition or examination organized under the law. The competition committee shall be determined by the local council. Art. 79 ^ 2. -Salarization of persons provided in art. 79 ^ 1 is made according to Annex no. II to Government Emergency Ordinance no. 24/2000 on the system for determining the basic salaries for contract staff in the budgetary sector, approved by Law no. 383/2001 , with subsequent amendments and completions, and the related expenses are borne from the local budget. Art. 79 ^ 3. -(1) The protection of the interests of the local council before the courts shall be made by the persons employed, according to 79 ^ 1, if they have the appropriate professional training, or an elected defender, insofar as legal aid cannot be ensured otherwise. Expenses are borne from the local budget. (2) In the situations provided in par. (1) the power of attorney shall be signed by the sitting president. Art. 79 ^ 4. -(1) The posts provided in art. 79 ^ 1 shall not be included in the maximum number of posts resulting from the application Government Ordinance no. 80/2001 on the establishment of spending regulations for public administration authorities and public institutions, approved with amendments by Law no. 247/2002 , with subsequent amendments and completions. (2) Personnel employed according to art. 79 ^ 1 does not apply to the provisions of Law no. 188/1999 on the Statute of civil servants, as amended, to carry out its work on the basis of a contract of employment. (3) Persons classified on the posts created according to art. 79 ^ 1 carries out its activity under the coordination of the secretary of the administrative-territorial unit and collaborates with it at the preparation of the meetings of the local council, ensuring the documentation and information of councillors, these of the hearing files and any other materials. CHAPTER VII Final provisions Art. 79 ^ 5. -The violation by councillors of their obligations in the exercise of their mandate constitutes misconduct and is sanctioned according to the provisions of the law on the status of local elected officials, provisions that can be included in the regulation of organization and functioning the local council. Art. 79 ^ 6. -The provisions of the framework regulation regarding the secretary of the administrative-territorial unit shall also apply accordingly to the secretary of the administrative-territorial subdivision of the municipalities. Art. 79 ^ 7. -The provisions of this framework regulation can also be considered when developing and adopting its own regulations by the county councils. Art. 79 ^ 8. -Annexes no. 1 1 and 2 shall form an integral part of this Framework Regulation. '; 30. Point 7 of Annex no. 2 to the framework regulation will have the following contents: "" Seven. Protection of children, youth and sport " + Article 2 Government Ordinance no. 35/2002 for the approval of the Framework Regulation for the organization and functioning of the local councils, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Senate at the meeting of 21 November 2002, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of November 26, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC Bucharest, December 19, 2002. No. 673. -----------