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Law No. 90 Of 18 March 2003 Relating To The Sale Of The Premises Owned By The State Or Private Administrative-Territorial Units, Intended For The Location Of The Political Parties

Original Language Title:  LEGE nr. 90 din 18 martie 2003 privind vânzarea spaţiilor aflate în proprietatea privată a statului sau a unităţilor administrativ-teritoriale, destinate sediilor partidelor politice

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LEGE no. 90 90 of 18 March 2003 (* updated *) on the sale of privately owned premises of the state, administrative-territorial units or autonomous regions, intended for the headquarters of political parties * *) ((updated until 23 March 2013 *)
ISSUER PARLIAMENT




---------------- *) The updated form of this normative act until March 23, 2013 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes made by: LAW no. 298 298 of 7 November 2007 ; DECISION no. 570 570 of 29 April 2010 ; LAW no. 48 48 of 14 March 2013 . The content of this act is not an official document, being intended to inform users **) The title of the law was amended by item 1 1 of art. I of LAW no. 48 48 of 14 March 2013 , published in MONITORUL OFFICIAL no. 149 149 of 20 March 2013. The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 (1) The premises for the premises of the political parties located in the private property of the state or, as the case may be, of the administrative-territorial units, which have the clarified legal situation, may be sold to political parties under the present law. " (2) The spaces for the headquarters of the political parties owned by the autonomous regions, which have the legal situation clarified, can be sold to political parties under the present law. (3) It shall benefit from the provisions of this law only political parties that rejoin the conditions Law of political parties no. 14/2003 , republished, as amended. ---------- Article 1 has been amended by section 1. 2 2 of art. I of LAW no. 48 48 of 14 March 2013 , published in MONITORUL OFFICIAL no. 149 149 of 20 March 2013. + Article 2 (1) Political parties may opt for the purchase of premises for central offices or subsidiaries in the private property of the state, administrative-territorial units or in the property of autonomous regions, as the case may be, which they hold with rent. ---------- Alin. ((1) of art. 2 2 has been amended by section 3 3 of art. I of LAW no. 48 48 of 14 March 2013 , published in MONITORUL OFFICIAL no. 149 149 of 20 March 2013. ((2) The rent of premises for premises under the private property of the state or, as the case may be, of administrative-territorial units shall be carried out in accordance with the provisions Law no. 43/2003 on financing the activity of political parties and electoral campaigns. ((3) By way of derogation from provisions art. 15 15 of Law no. 213/1998 on public property and its legal regime, with subsequent amendments and completions, can be rented, without auction, to political parties, for premises, buildings, spaces or parts thereof, located in the public property of the state or administrative-territorial units and in the administration of prefectures, central and local public authorities, other public institutions of national, county or local interest, according to the norms developed by the Government. -------- Alin. ((3) of art. 2 2 has been introduced by section 1 1 of art. I of LAW no. 298 298 of 7 November 2007 , published in MONITORUL OFFICIAL no. 763 763 of 12 November 2007. + Chapter 2 Sale of premises for political parties ' premises + Article 3 (1) Political parties may buy in each administrative-territorial unit the premises for their premises. (2) For this purpose, local public administration authorities or autonomous regions, as the case may be, who own these spaces will be able to sell them to political parties, at their request, under the conditions of this law. ---------- Alin. ((2) of art. 3 3 has been amended by section 4 4 of art. I of LAW no. 48 48 of 14 March 2013 , published in MONITORUL OFFICIAL no. 149 149 of 20 March 2013. + Article 4 (1) Political parties may buy in each administrative-territorial unit the premises for the head offices or their subsidiaries, at their market value, determined by evaluation report, by natural or legal persons evaluators, authorized under the law. (2) Political parties can buy the spaces for the organization of Bucharest and for the organization of Ilfov county, as well as the spaces for the organizations of each sector of Bucharest, intended for the headquarters of these organizations (3) The private land of the state, related to the constructions provided in par. (1) and (2), which have the clarified legal situation, may be sold, at the request of political parties, at the market value determined by the evaluation report, by individual or legal persons, authorized under the law. (4) If the political parties do not show their intention to buy the land provided in par. (3), the land will be leased to them during the existence of the construction, under the law. (5) Redevance will be determined by evaluation report of natural or legal persons, authorized under the law. (6) The legal liability regarding the correctness of the determination of the price of the sale or of the royalty, as the case may be, rests solely with the assessor who prepared (7) By land related to the constructions provided in par. ((1) and (2) means the land area owned under the lease, valid for completion. (8) The signing of the contract of sale and purchase of the premises and land related to them, as well as of the concession contract shall be made no later than 60 days from the date of establishment of the price of the sale or royalty, as the case may be. (9) In situations where political parties have been unable to buy premises for premises, due to their restitution, they can buy the premises that have been rented to them, according to the law. ---------- Article 4 has been amended by section 4. 5 5 of art. I of LAW no. 48 48 of 14 March 2013 , published in MONITORUL OFFICIAL no. 149 149 of 20 March 2013. + Article 5 Political parties that have acquired a headquarters under the conditions of art. 4 4 no longer benefits from the priority provided in art. 21 21 para. ((1) of Law no. 334/2006 on the financing of the activity of political parties and electoral campaigns, republished, with subsequent amendments and completions. ---------- Article 5 has been amended by section 6.6. 6 6 of art. I of LAW no. 48 48 of 14 March 2013 , published in MONITORUL OFFICIAL no. 149 149 of 20 March 2013. + Article 6 Political parties pay local taxes and fees for buildings intended for premises/land owned in the property, as well as for concession land, under the law. ---------- Article 6 has been amended by section 6. 7 7 of art. I of LAW no. 48 48 of 14 March 2013 , published in MONITORUL OFFICIAL no. 149 149 of 20 March 2013. + Chapter 3 Special provisions + Article 7 (1) Headquarters of political parties, acquired under the conditions of art. 11 11 para. ((1), may not be disposed of under any circumstances for 3 years from the date of purchase, under the conditions of this law. ---------- Alin. ((1) of art. 7 7 has been amended by section 8 8 of art. I of LAW no. 48 48 of 14 March 2013 , published in MONITORUL OFFICIAL no. 149 149 of 20 March 2013. (2) Failure to comply with par. (1) attracts the nullity of the act of alienation and the return of law of the property to the property of the state or administrative-territorial unit (3) The Prefect shall ensure compliance with the provisions of par. ((1) and (2). + Article 8 (1) Headquarters of political parties, acquired under the conditions of art. 11 11 para. ((1), may be leased only to legal persons under public or private law with identical, similar and/or complementary purpose. ---------- Alin. ((1) of art. 8 8 has been amended by section 9 9 of art. I of LAW no. 48 48 of 14 March 2013 , published in MONITORUL OFFICIAL no. 149 149 of 20 March 2013. (2) Any other form of disposal of possession is prohibited. (3) The price for the rental of these premises will be determined to be updated with the inflation index to the inventory value, so as not to constitute, in accordance with the provisions Law no. 43/2003 , an obvious goal of gaining an economic or political advantage. + Chapter 4 Final provisions + Article 9 ((1) In the event of the cessation of the activity of political parties, their premises, property, after liquidation, will receive the destination shown in the act of establishment, in the statute or in the decision taken, at the latest until the date of dissolution, by the bodies called Decide. In the absence of such a provision in the act of establishment or status or in the absence of a decision taken by the directed bodies, as well as if the provision or judgment is contrary to the law or to the rules of social coexistence, the respective premises remaining after liquidation will be assigned by the competent body to a legal person with identical or similar purpose. (2) If the cessation of the activity of political parties takes place within the period provided for in 7 7 para. (1), the premises that had the destination of headquarters or branches of political parties shall reenter the private property of the state or of the respective administrative-territorial unit, with the payment of a monetary compensation in relation to the price of Updated purchase under the law. ---------- Article 9 has been amended by section 6.6. 10 10 of art. I of LAW no. 48 48 of 14 March 2013 , published in MONITORUL OFFICIAL no. 149 149 of 20 March 2013. + Article 10 The provisions of this law also benefit the national minority organizations that are represented in the Romanian Parliament. + Article 11 ((1) The payment of these premises can be made with an advance of 10% of the sales value, and the rest in installments for a period of 3 years, with the EURIBOR interest rate and a percentage margin negotiated by the parties, applied to the credit balance. (2) The payment of these premises can be made in full, based on the credit agreement concluded by the political party buyer with a credit institution. ---------- Article 11 has been amended by section 1. 11 11 of art. I of LAW no. 48 48 of 14 March 2013 , published in MONITORUL OFFICIAL no. 149 149 of 20 March 2013. + Article 12 The date of entry into force of this Law shall be repealed art. 11 11 para. ((3) of Law no. 43/2003 . This law was passed by the Senate at the meeting of February 20, 2003, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, ALEXANDRU ATHANASIU This law was adopted by the Chamber of Deputies at its meeting on February 25, 2003, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, March 18, 2003. No. 90. -----------