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Law No. 15 Of 22 October 1971 For The Organization And Functioning Of The Legislative Council

Original Language Title:  LEGE nr. 15 din 22 octombrie 1971 pentru organizarea şi funcţionarea Consiliului Legislativ

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LEGE no. 15 15 of 22 October 1971 for organizing and functioning of the Legislative Council
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 134 134 of 22 October 1971



The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 Establishment and duties of the Legislative Council + Article 1 The Legislative Council is established, an advisory body to the State Council, having the task of supporting the state bodies in the activity of preparation, coordination and systematization of the legislation, in order to achieve the policy legislative of the party and state. + Article 2 The Legislative Council has the following main tasks: a) prepare studies on the consistency of existing legal regulations with the requirements of economic and social life development; examine the draft legal regulations proposed by the initiating bodies, under the asupect of necessity and substantiation they, as well as in the aspect of the legislative technique; draw up studies and make proposals to the competent bodies regarding the continuous improvement of the legislation, in order to create the legal framework corresponding to the strengthening of the socialist law order; b) prepares and submits for the approval of the State Council the general methodology of legislative technique on the preparation and systematization of all draft normative acts-laws, decrees, decisions of the Council of Ministers, instructions, of state administration, decisions and decisions of local state bodies; c) endorses the draft laws, decrees containing laws, regulations and decisions of the Council of Ministers of a normative nature; d) organize the official record of the legislation, signalling to the competent bodies any inconsistencies in the normative acts communicated to the record; e) publish collections and legislative repertoires, as well as legislative information bulletins. + Article 3 The draft normative acts provided for in artiocol 2 letter c shall be sent to the Legislative Council, for prior consultation. The opinion of the Legislative Council is advisory. The other normative acts, adopted or issued by the central state bodies, in the exercise of their duties, shall be communicated ex officio to the Legislative Council for evidence. + Article 4 The Legislative Council performs its duties, both through its own specialized staff, and with the broad consultation, as the case may be, of other specialists from different branches of the economy, of scientific research, of the technique or from Social-cultural field. + Chapter 2 Organisation and operation + Article 5 The Legislative Council is headed by a scientific college, deliberative body, made up of the president of the council, heads of section, as well as from a permanent adviser from each section. The President of the Legislative Council is Chairman of the Scientific Council The appointment of permanent advisers to the college is made by the State College, on the proposal of the President of the Legislative Council. The Scientific College is accountable to the State Council, to which it is aware of the work of the Legislative Council; each member of the college shall be accountable to the College and its Chair for the performance of the the tasks entrusted to him. + Article 6 The President of the Legislative Council is appointed by the State Council. + Article 7 The President, together with the heads of the section, solves the current problems of the activity of the Legislative Council and establishes the necessary measures to bring the decisions of the college The president represents the Legislative Council in relations with other organs and organizations. In the absence of the President, his duties shall be fulfilled by one of the heads of section, appointed by the + Article 8 The Legislative Council is organized on specialized departments, each made up of permanent councillors, temporary counselors, experts, as well as specialist consultants. The specialized departments are headed by a section chief, appointed among the permanent counselors. + Article 9 The heads of the department, the permanent counselors, the experts, as well as the specialized consultants are appointed, on the basis of the decision of the college, by the president Also temporary advisers shall be made under the conditions of the previous paragraph, with the consent of the head of the institution or organization in which they are assigned. The technical-administrative staff is appointed by the President of the Legislative Council. + Article 10 The organizational structure of the Legislative Council is as follows: a) Section I, for consitutional law, administrative law, criminal and criminal procedural law, as well as for public international law; b) Section II, for civil law, economic law, civil procedural law, family law, as well as for private international law; c) Third Section, for financial law, labor law, cooperative law and land law; d) Directorate for documentation and legislative information; e) Secretariat-administrative direction. Depending on the needs, at the proposal of the heads of section, the President of the Legislative Council may constitute working groups, on specialties or on issues, made up of the specialized staff of the council, as well as from specialists from other areas of activity. + Article 11 The Scientific College of the Legislative Council ensures the fulfilment of all the duties provided for in this Law and adopts the works carried out He works in the presence of at least two thirds of the total number of members and decides with the majority of members who compose him. At the meetings of the scientific college in which the opinions are discussed at the draft normative acts will be invited representatives of the initiator bodies. At the college meetings in which the draft codes are debated, as well as the studies and proposals of general interest on systematization and improvement of legislation, the Minister of Justice, the President of the Supreme Tribunal and the Prosecutor General of the Socialist Republic of Romania + Article 12 Works for the performance of the tasks provided in 2 lit. a-c shall be carried out and debated in the wards or in the working groups constituted in accordance with art. 10 final paragraph. The works interesting the activity of several sections or working groups are debated in the joint meeting. On the basis of the conclusions resulting from the debates, the definitive report of the section or, as the case may be, of the working group, which is submitted, for approval, to the scientific college of the Legislative Council. In the minutes of the meeting of the college, the section or working group will be made the mention of the separate opinions that have been expressed. + Chapter 3 Endorsement by the Legislative Council of draft normative acts + Article 13 The opinion of the Legislative Council on draft normative acts will be required after these projects have been endorsed by all interested bodies and have been completed on the basis of these opinions. For draft laws or decrees encompassing rules with force of law, proposed to be initiated by the State Council or the Council of Ministers, the opinion of the Legislative Council will be requested by the Secretary of the State Council or, as the case may be, by the Secretary general of the Council of Ministers, before these projects are subject to the approval of the initiating bodies. If the legislative initiative is exercised by a permanent committee of the Grand National Assembly or by a gurp of its deputies, meeting the number provided by its operating regulation, the opinion will be requested by the Office of the Grand Assembly National. For the draft decisions of the Council of Ministers of a normative nature, the opinion of the Legislative Council will be requested by the Secretary General of the Council of Ministers. + Article 14 The draft normative act sent for approval will be accompanied by the explanatory memorandum, including the justification of the proposed regulation, the studies or the documentary works that were based on it, as well as the opinions of all interested bodies. The Legislative Council verifies that all necessary opinions have been obtained and, otherwise, it asks the state body that initiated the project to immediately obtain the missing ones. Also, in order to fulfill its duties, the Legislative Council will be able to ask the initiator body to complete the documentation with the necessary data and information. + Article 15 The draft laws, decrees encompassing norms with the power of law, as well as the draft decisions of the Council of Ministers of a normative nature will be subject, for adoption, to the competent bodies, always accompanied by the opinion of the Legislative Council. + Article 16 If, after the approval by the Legislative Council of a normative project, but before its adoption, changes are made to the initial texts, through which the fund of regulation or expected solutions changes, or changes substantially The structure of the project will necessarily be required by the Legislative Council, a new opinion on all these changes. For the amendments in the category of those mentioned in the previous paragraph, which are proposed during the debates of the Great National Assembly, the Legislative Council will draw up and transmit the emergency opinion, within the deadline set by the Great National Assembly. + Chapter 4 Staff of the Legislative Council + Article 17 Can be a permanent adviser to the person a) is a Romanian citizen; b) is a graduate with a law degree; c) is 14 years old in legal work and has carried out a valuable activity in the field of scientific research or law enforcement. + Article 18 He can be a temporary adviser to the person, having Romanian citizenship, whose collaboration, due to his specialty, is appreciated as useful for carrying out a certain work by the Legislative Council. + Article 19 He can be an expert or consultant of specialized degree I and II person who, fulfilling the condition provided in art. 17 lit. a, has higher education, has carried out a valuable specialized activity and is 14, 10 and 8 years old respectively in this activity. In the case of experts and consultants specialists in the fields of economy and technique, at least 1/3 of this seniority must have been carried out in direct productive units. + Article 20 The number of posts, the nomenclature of functions and tariff salaries of the staff of the Legislative Council is approved by the State Council. + Chapter 5 Transitional and final provisions + Article 21 In order to organize the official record of the legislation, the Council of Ministers, ministries and other central bodies of the state administration will communicate to the Legislative Council the normative acts they issued before the adoption of this laws and which are in force. + Article 22 In order to systematize, improve and simplify the legislation in force on the date of publication of this law, the Legislative Council will draw up and submit to the Council of Ministers the draft guidance on how ministries and others Central bodies of the state administration will proceed to review the legislation in force in their branches or in their fields of activity. The Council of Ministers will order the ministries and other central bodies of the state administration to take the necessary measures to: a) the replacement, modification or express abrogation of those normative acts or their provisions which are inconsistent with the provisions of the law or exceeded by the current stage of development of social relations; b) the removal of any parallelisms or mismatches found in the legislation and the concentration in uniform regulations of the provisions contained in the normative acts remaining partially in force or that are contained in special legal regulations, but which relate to the same activity; c) adoption of new regulations, necessary in some sectors of activity. + Article 23 The Legislative Council will examine how the ministries and other central bodies of the state administration perform their duties set out in this chapter and make the appropriate proposals, which it will submit to the State Council and Council of Ministers. + Article 24 By derogation from the provisions of art. 9 9 para. 1 and 2, until the establishment of the scientific college of the Legislative Council, the appointment of heads of department, permanent and temporary councillors, experts, as well as specialized consultants is made by the President of the Legislative Council. + Article 25 The provisions of Chapter III of this Law shall enter into force on 1 January 1972. This law was voted on by the Grand National Assembly at its meeting on October 22, 1971, with the unanimity of the votes of the 442 deputies present at the meeting. President The Great National Assembly STEFAN VOITEC In accordance with Article 57 of the Constitution of the Socialist Republic of Romania, we sign this law. President The State Council, NICOLAE CEAUSESCU ------------