LAW no. 73 of 3 November 1993 (republished)
establishment, organization and functioning of the Legislative Council
Issued



PARLIAMENT Published


Official Gazette no. 1122 of November 29, 2004
________

*) Republished under art. IV of Law no. 509/2004 amending and supplementing Law no. 73/1993 on the establishment, organization and functioning of the Legislative Council, published in this issue of the Official Gazette of Romania, Part I, p. 1-3 texts shall be renumbered. Law no. 73/1993 was published in the Official Gazette of Romania, Part I, no. 260 of 5 November 1993.

Chapter I


Creation and powers of the Legislative Council
Article 1


(1) Upon the entry into force of this law is established the Legislative Council, an advisory expert body of Parliament, that advises draft normative acts to systematic unification and coordination of all legislation and keep the official record of the Romanian legislation.


(2) The Legislative Council has its headquarters in the Chamber of Deputies.


Article 2


(1) The Legislative Council shall:


A) examines and approves the draft laws, legislative proposals and draft ordinances and normative decisions of the Government, to be subject to regulation or approval, as applicable;


B) analyze and approve at the request of the chairman of the parliamentary committee informed of the matter, the committee debated amendments and bills or legislative proposals received by the committee after their adoption by one of the Houses of Parliament;


C) make direct or coordinate the disposal of the Chamber of Deputies or the Senate, developing draft codes or other extremely complex laws;


D) elaborate on the instructions of the Chamber of Deputies or the Senate or on its own initiative, studies the systematization, uniformity and coordination of the laws and make on this basis, proposals to Parliament and, where appropriate, to the Government;


E) examine the conformity of legislation with the provisions and principles of the Constitution and notifies the standing bureaus of the Chambers of Parliament and, where appropriate, the Government on cases of unconstitutionality; shall, within 12 months of its establishment, proposals for agreeing earlier legislation with the provisions and principles of its Constitution;


F) keep the official record of the Romanian legislation and provides the information needed to carry out the legislative process; organize computerization of its records and performs software products for computer-aided Tracking legislation;


G) seeks to operate in a unitary legal system and coordinated by relevant public authorities to issue normative acts in execution, ordered by laws, ordinances and decisions of government, and signals in law enforcement delays in their issuance;


H) elaborate repertoire of Romanian law the official record - and provides the online version of it; draw up official versions of some collections of normative acts;


I) keep the originals laws and decrees of their promulgation. To this end, public institutions that currently hold will teach Legislative Council;


J) creates and updates the computerized database necessary for Legislative Studies and Documentation activity.


(2) The Legislative Council presents its annual reports on the activity.


Article 3


(1) Bills and legislative proposals shall be submitted for debate by Parliament Legislative Council's opinion.


(2) Opinion will be given within the period set by the Standing Bureau of the Chamber or the standing committee of Parliament who requested it. If the opinion is not given by the deadline, it does not obstruct the legislative procedure.


(3) The opinion is advisory and covers:


A) compliance with the Constitution proposed regulation, the framework laws in the field with EU regulations and international instruments to which Romania is a party and in the case of bills and legislative proposals, the nature of the law and who is the first Chamber to be instituted;


B) ensure the accuracy and clarity of legal expression, removing contradictions or mismatch from the wording of that draft legislation, to ensure completeness of its provisions, technical compliance with legislative and regulatory language;



C) the implications of new regulations on legislation by identifying legal provisions on the same subject of regulation, to be repealed, amended or merged, and by avoiding the regulation of various aspects identical legislation.


Article 4


(1) Draft ordinances and normative decisions are subject only to the Government Legislative Council's opinion on the legality of the planned measures and how they are made requirements of art. 3 paragraphs. (3) which is applied properly.


(2) The opinion is advisory.


(3) Opinion will be given within the period requested by the Government, which shall not be less than 10 days for projects with usual procedure and 2 days in case of an emergency procedure. For orders under article. 115 par. (4) of the Constitution, republished, the deadline is 24 hours.


Article 5


(1) The Legislative Council establishes the republished Constitution, as amended, following the approval by referendum of the law revision.


(2) The Legislative Council examines and approves the law, republish the form of laws, ordinances and decisions of Government who suffered and legislative interventions that ordered republication.


(3) The Legislative Council approves the law, corrections are proposed to be made to legislation after publication, the discovery of material errors. The publication of corrections legislation in the Official Gazette of Romania, Part I, is done only with the approval of the Legislative Council.


(4) The Legislative Council opinion referred to in para. (2) and (3) is transmitted at the request of the Secretary General of the Chamber of Deputies.


(5) tracks and signals Legislative Council or Parliament, as appropriate, Government, republication delays in regulatory documents that ordered such a measure.


Article 6


(1) In carrying out its duties, the Legislative Council cooperates with the authorities and public institutions specialist, depending on the nature of works.


(2) public administration authorities and specialized public institutions are obliged to provide, within the terms and conditions established by the Legislative Council, information and documentation requested by him and to give him the necessary support to fulfill its tasks.


Article 7


Legislative Council shall establish relations with similar institutions in other countries and with other institutions in Law from the country and abroad.

Chapter II Organisation


Legislative Council
Article 8


(1) The Legislative Council is composed of the Department of Public Law, Department of Private Law and Division of official record of legislation and documentation.


(2) Each section is made up of a number of sectors.


(3) The organizational structure of the Legislative Council shall also include the Department for harmonization of legislation with EU regulations, laws and Informatics Department of the Legislative Council Secretariat.


(4) The Legislative Council organizational structure, classification of positions and the number of management and executive positions and areas of activities and tasks departments, sectors, departments, the Secretariat and the other compartments of the Legislative Council shall be determined by rules of organization and functioning of the Legislative Council approved the joint session of the standing bureaus of the two Chambers of Parliament, with the approval of the juridical reunited.


Article 9


(1) The Legislative Council is headed by the Chairman and each section, a section president.


(2) The President of the Legislative Council and the division presidents are appointed by majority vote of deputies and senators, meeting in joint session of both Houses of Parliament on the basis of three proposals for each function permanent offices, with the approval of the juridical reunited. Exercising the powers of the submission, individually, the oath provided in par. (3) to the Presidents of both Chambers.


(3) The oath shall read as follows:


"I swear to respect the Constitution and laws, to defend Romania's interests, rights and freedoms of citizens and to fulfill my duties with honor and professional conscience incumbent upon me. So help me God!"


(4) The Chairman of the Legislative Council of Minister is assimilated and position of division president, the secretary of state.


Article 10


(1) The President of the Legislative Council performs the following tasks:


A) represents the Council before the Chamber of Deputies, the Senate and the other public authorities, as well as in relations with natural or legal persons;


B) sign the acts of the Council, which can be issued only with his consent;


C) undertake and, where appropriate, appoint, by law, the staff of the Legislative Council;


D) perform any other tasks conferred on it by law.


(2) The President of the Legislative Council is a main credit.


(3) Powers of Presidents of departments are established by rules of organization and functioning of the Legislative Council.


(4) One of the division presidents appointed by the Chairman, is deputy by right.


Article 11


(1) Each sector within a division is led by a counselor.


(2) Section President is assisted by an adviser under par. (1) who is deputy by right.


(3) The Legislative Council Secretariat is headed by a Secretary General, appointed by the Chairman. The Secretary-General operates under the direct subordination of the President of the Legislative Council and ensure the preparation, organization and coordination of activities within the Secretariat.


(4) general secretary, department heads, councilors and other persons holding a public servant performs his duties from the date of taking the oath prescribed by law. The Secretary-General and heads of departments oath before the President of the Legislative Council, with the participation of presidents of sections. Advisers and other civil servants oath before the President of the Legislative Council, with the participation of presidents of departments or, where appropriate, the Secretary-General or the head of department.


Article 12


Rules of organization and functioning of the Legislative Council and position register is approved in the joint session of the Standing Bureaus of the two Chambers of Parliament, with the approval of the juridical reunited.

Chapter III Operation


Legislative Council
Article 13


(1) The legislative proposals made by the deputies or senators shall be submitted to the Legislative Council for approval by the Secretary General of the Chamber have been submitted on the day of, and the bills initiated by the Government or draft ordinances times normative decisions of the Government, the secretary general.


(2) The draft laws submitted for approval will be accompanied by presentation tools and motivation, as well as other documents that were the basis of their preparation.


(3) senators and deputies, authors of legislative proposals, ministers, state secretaries and undersecretaries of state can take part on their own initiative or at the invitation of the President of the Legislative Council will examine its sections, the draft legislation subject to approval. They may be invited by the President of the Legislative Council to examine, for approval, the drafts of their field, regardless of the initiator.


Article 14


Projects subject to legislative initiative of the citizens shall be submitted to the Legislative Council for approval as provided by law to exercise this initiative.

Article 15


(1) The Legislative Council opinion shall be submitted in writing, signed by the President.


(2) favorable opinions accompanied by objections or proposals will not be substantiated. In other cases, the opinion shall include full reasons for each objection or proposals and will be accompanied, if appropriate, studies, documents and information that supports, including those with historical or comparative law.


(3) Opinion may not include political considerations.


(4) The initiators requested the opinion or authority may require further clarifications or Legislative Council may invite the Chairperson or his representative to debate legislative proposals or projects approved.


Article 16



(1) draft codes and other complex legislation, developed directly by the Legislative Council or under his authority, shall be accompanied by a detailed report containing the main solutions adopted, the results of the substantiation studies undertaken, references to jurisprudence and law compared matter, any possible alternative solution, systematization of legislation measures imposed by adopting the proposed regulations, and such other matters of interest for debate projects.


(2) The report together with the draft regulation presented to Parliament after approval by the Government.


Article 17


(1) opinions and other works are debated in the Legislative Council departments and its sectors.


(2) The President of the Legislative Council may subject for debate, combined sections, some draft laws are complex or that raise special problems and issues of importance to the work of the Legislative Council.


(3) The working within departments and sectors Legislative Council, and relations between them are established by rules of organization and functioning of the Council.


Chapter IV


Legislative Council staff
Article 18


(1) may be appointed as Chairman of the Legislative Council, division president, counselor and head of department who have Romanian citizenship and residence in the country, graduated law and a good professional and moral reputation. For the Presidents of the Legislative Council and chairman of the department is required legal work experience in at least 15 years, and for the functions of head of the department head and at least 8 years. For senior general secretary, head of the Department of Computer legislative director of the Directorate of Studies and Documentation Sector and head of accounting is required at least 8 years old in specialty tool. For the counselor is required legal experience of 7 years. The functions of head of the department head and are specific public functions.


(2) For other functions of the Legislative Council structure, conditions of appointment shall be regulated by rules of organization and functioning.


(3) The functions of specialized executive is appointed through open, under the law. The competition is organized by the Commission of appointments and discipline of the Legislative Council, made up of three councilors appointed by the president of the Legislative Council, which will operate under the rules established by the rules of organization and functioning.


Article 19


Have to be members of the Legislative Council Legislative Council president, division presidents, department heads and advisers.

Article 20


(1) The functions of Chairman of the Legislative Council, the presiding officer, counselor and expert are incompatible with any other public or private office, except for teaching positions in higher legal education.


(2) The staff of the Legislative Council can not join political parties.


Article 21


(1) The Chairman of the Legislative Council, the presiding officer, advisor or expert cease on resignation, in the event of infringement of art. 20 of disenfranchisement, when final conviction for a criminal offense or, where appropriate, in other cases provided by law.


(2) termination of an office in para. (1) shall be established by competent authorities to whom the occupying these positions have rendered the oath.


Article 22


Provisions of art. 20 para. (1) apply on incompatibilities and functions of the Legislative Council general secretary and head of department.

Article 23


(1) Violation of this law and the Regulation of organization and functioning of the Legislative Council shall entail the guilty and disciplinary sanctions provided by law for civil servants.


(2) The President of the Legislative Council and the division presidents for disciplinary offenses are investigated by judicial commissions joint session of both houses and disciplinary sanctions apply permanent offices of the Chamber of Deputies and the Senate.


(3) The specialized staff executive of the Council is investigated for disciplinary offenses committed by the Commission for appointments and discipline of the Legislative Council and the sanctions are applied by the President of the Legislative Council, under the law and rules of organization and operation .



Article 24


Salaries and other personnel salary rights corresponding to the Legislative Council are set for staff in similar positions in the two Houses of Parliament, except for the position of secretary general, who is equated in terms of payroll function head of department.

Article 25


Civil Service Regulations of structures of the Legislative Council approved by a special law.

Article 26


For the development of studies and works extremely complex, involving a highly specialized, President of the Legislative Council may approve the consultation of external collaborators, prestigious specialists, academics, researchers and legal practitioners with experience that will benefit the due rights law.

Chapter V Final



Article 27


(1) The budget of the Legislative Council is part of the state budget.


(2) The budget is prepared by the Legislative Council with the Ministry of Finance.


NOTE:
We reproduce below, art. II and art. III of Law no. 509/2004 amending and supplementing Law no. 73/1993 on the establishment, organization and functioning of the Legislative Council who were not included in the present form republics.
"Art. II. - (1) The Legislative Council will take the Chamber of Deputies, within 15 days of the entry into force of this law, staff positions within their financial and accounting activity, maintaining current wage rights .

(2) authorizes the principal loan to introduce changes deriving from the par. (1) the maximum number of jobs in their structure and the structure of personnel expenses, with the Ministry Finance.


Art. III. - the Legislative Council do, within 30 days, appropriate proposals for amending and supplementing Regulation of organization and functioning of the Legislative Council, which it will submit to approval standing bureaus of the Chamber of Deputies and the Senate. Until the approval of amendments to the regulations, maintain the current organizational structure of the Legislative Council, approved by the standing bureaus of the Chamber of Deputies and the Senate no. 1/1996. "-----