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Law No. 567 Of 9 December 2004 On The Status Of Specialist Staff Of The Courts And Prosecutors ' Offices Of Addition

Original Language Title:  LEGE nr. 567 din 9 decembrie 2004 privind statutul personalului auxiliar de specialitate al instanţelor judecătoreşti şi al parchetelor de pe lângă acestea

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LEGE no. 567 567 of 9 December 2004 (* updated *) on the status of the specialist auxiliary staff of the courts and the prosecutor's offices of these and of the staff operating in the National Institute of Forensic Expertise * *) ((updated on 25 July 2015 *)
ISSUER PARLIAMENT




---------- **) The title of the law was amended by item 1 1 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law regulates the status of the specialist auxiliary staff of the courts and prosecutors ' offices, as well as forensic specialist staff and staff occupying auxiliary functions. Forensic speciality within the National Institute of Forensic Expertise. ------------- Article 1 has been amended by section 1. 2 2 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 2 (1) In carrying out the act of justice, the work of the specialized auxiliary staff of the courts is a support for judges and prosecutors, the competence of this category of personnel and the correct performance of the tasks that return to play an important role in the smooth running of all the activities of the courts and the prosecutor's offices. (2) The activity of performing forensic surveys ordered by the courts or the prosecution bodies, carried out by the personnel operating within the National Institute of Forensic Expertise, is a factor important in increasing the efficiency of the work of judicial bodies, in the process of carrying out justice. ------------- Article 2 has been amended by section 2. 3 3 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 3 (1) The specialized auxiliary staff operates within the auxiliary compartments of the courts and prosecutors ' offices, organized according to art. 116 116-118 of Law no. 304/2004 on judicial organization, republished, with subsequent amendments and completions. (2) The specialized auxiliary staff of the courts and prosecutors ' offices besides them consists of clerks, statisticians clerks, documentary clerks, archival clerks, registrar clerks and IT specialists. (3) The body of clerks is made up of clerks with higher education and medium-study clerks. (4) They are related to the specialized auxiliary staff of the courts and prosecutors ' offices in addition to the functions of procedural agent, aprod and driver. ------------- Article 3 has been amended by section 3. 4 4 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 3 ^ 1 (1) Forensic specialist personnel and personnel occupying forensic specialist auxiliary functions operate within the National Institute of Forensic Expertise and the inter-county laboratory of expert surveys. forensics, hereinafter referred to as INEC, organised according to Government Decision no. 368/1998 on the establishment of the National Institute of Forensic Expertise-I.N.E.C., as amended. (2) Forensic specialist staff consists of forensic experts and forensic assistants. (3) The personnel occupying auxiliary specialized functions forensics consists of forensic technicians and laboratory-typist forensic experts. ------------- Art. 3 ^ 1 was introduced by item 1. 5 5 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 4 Staff provided for in art. 3 and 3 ^ 1 is obliged, through its entire activity, to respect the rights and freedoms of persons, as well as their equality before the law and to ensure non-discriminatory legal treatment of all participants in judicial proceedings, regardless of their quality, respect the deontological norms of the profession and participate in continuous professional training. ------------- Article 4 has been amended by section 4. 6 6 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Chapter II Recruitment of specialist auxiliary staff of the courts and prosecutors ' offices + Section 1 Recruitment of Registrars + Article 5 Recruitment of clerks is usually done through the National School of Grefieri. + Article 6 (1) The admission contest in the National School of Grefieri is organized annually, at national level, by the National School of Grefieri, under the coordination of the Superior Council of Magistracy. (2) The number of seats shall be determined according to the qualified personnel requirements of the courts and prosecutors ' offices. (3) The contest shall be conducted separately, for the posts of clerks with higher education and medium-study clerks. + Article 7 The organization and conduct of the admission competition is established by regulation, approved by the Superior Council of Magistracy. + Section 2 Recruitment of computer scientists Recruitment of computer clerks ------------ Title of Section 2 of the Cap. II has been modified by art. III of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 of 19 January 2006, by replacing the notion of "computer scientist" with the notion of "computer clerk". + Article 8 (1) Informaticians shall be recruited by competition to fill vacancies. ------------ Alin. ((1) of art. 8 8 has been amended by art. III of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 of 19 January 2006, by replacing the notion of "computer scientist" with the notion of "computer clerk". (2) The contest for filling vacancies shall be held at the level of each appellate court or each parquet of the appellate court or, as the case may be, at the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice or National Anti-Corruption Prosecutor's Office, with the support of the Information Technology Exploitation Directorate of the Ministry of Justice and Citizen Freedoms *), which professionally coordinates the activity of clerks informaticians, or computer compartment within the High Court of Cassation and Justice, of the Prosecutor's Office of the High Court of Cassation and Justice or National Anti-Corruption Directorate, as the case may be. ------------ Alin. ((2) of art. 8 8 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing throughout the law the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". (3) The contest is carried out according to the regulation approved by the Superior Council of Magistracy, at the proposal of the Minister of Justice and Citizens ' Freedoms *), to the President of the High Court of Cassation and Justice, from the High Court of Cassation and Justice and the National Anti-Corruption Directorate. ------------- Alin. ((3) of art. 8 8 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". + Section 3 Recruitment of archival clerks, registrars and related staff Recruitment of archival clerks, registrar clerks and related staff ------------- Title of Section 3 of the Cap. II has been amended by section 5 5 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 9 (1) Archiving clerks, registrar clerks and conex staff shall be recruited by competition to fill vacancies. ------------- Alin. ((1) of art. 9 9 has been amended by section 6 6 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (2) The contest for filling vacancies shall be held at the level of each court of appeal or, as the case may be, at the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice or the National Anti-Corruption Directorate, with the support of the National School of Grefieri, according to the regulation of organization and conduct of the contest, approved by the Superior Council of Magistr ------------ Alin. ((2) of art. 9 9 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing throughout the law the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". + Article 10 Archiving clerks and registrar clerks who promote the contest provided in art. 9 will perform a two-month specialization internship in the National School of Grefieri. ------------- Article 10 has been amended by section 10. 7 7 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Chapter III National School of Grefieri + Section 1 Organization and functioning of the National School of Grefieri + Article 11 (1) The National School of Grefieri is a public institution, with legal personality, in the coordination of the Superior Council of Magistracy, which carries out the initial training of the clerks and the other specialized auxiliary staff of the courts and prosecutors ' offices, as well as their continuous professional training, under the law. (2) The National School of Grefieri is not part of the national education and education system and is not subject to the legal provisions in force regarding the accreditation of educational institutions and the recognition of diplomas. (3) The National School of Grefieri is based in Bucharest. (4) The National School of Grefieri can also carry out its activity in the territory, in centers and area points of professional training, organized according to the law. + Article 12 (1) The National School of Grefieri is headed by the governing council, which consists of 9 members, as follows: a) a judge and prosecutor appointed by the Superior Council of Magistracy; b) 2 elected representatives from the training staff of the National School of Grefieri; c) Director of National Institute of Magistracy; d) a representative of the Department of Courts and Human Resources of the Superior Council of Magistracy; e) 2 representatives of the students, one of the higher education students and one of the middle-educated learners, chosen during the courses; f) the director of the National School of Grefieri, who is a member of the governing council and presides over its meetings. (2) The mandate of the members of the governing council is 4 years, except for the mandate of the representatives of the students, who are elected during their studies + Article 13 The Governing Board proposes the draft budget and decides on the issues concerning the organization and functioning of the National School of Grefieri, at the proposal of the director of this institution. + Article 14 (1) The National School of Grefieri is financed from the state budget, through the budget of the Superior Council of Magistracy, under the law. (2) The director of the National School of Grefieri is a tertiary authorising officer. + Article 15 (1) The maximum number of posts for the National School of Grefieri is established by Government decision. (2) The organizational structure, the states of functions and the personnel states of the National School of Clerks shall be approved by the Superior Council of Magistracy. + Article 16 (1) The current management of the National School of Grefiers is provided by the director, 2 deputy directors and an economic director. (2) The director and deputy directors shall be appointed by the Superior Council of Magistracy among the training staff who have the status of judge or prosecutor, for a period of 3 years, with the possibility of reinvesting only once. ------------- Alin. ((2) of art. 16 16 has been amended by section 8 8 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (3) The economic director shall be recruited by competition organized by the Superior Council of Magistracy. ------------- Alin. ((3) of art. 16 16 has been introduced by section 9 9 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 17 The organization and functioning of the National School of Grefieri are established by regulation approved by the Superior Council of Magistracy. + Article 18 (1) The training staff of the National School of Registrations shall be appointed by the Superior Council of Magistracy between judges or prosecutors, clerks with higher education or other specialists. ------------- Alin. ((1) of art. 18 18 has been amended by section 10 10 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (2) The staff provided in par. (1) can be appointed by the Superior Council of Magistracy and by posting within the National School of Grefieri, under the law. + Article 19 (1) Salarization of the management and training personnel shall be made according to the personnel payroll law of the bodies of the judicial authority. (2) Salarization of the training staff of the National School of Clerks to the hourly payment is based on the number of hours of seminar or course held, the monthly gross allowance of the position of judge of the court of appeal and the teaching norm established according to art. 80 80 para. ((2) of Law no. 128/1997 on the status of teaching staff, with subsequent amendments and completions, for trainers who carry out teaching in the initial training of clerks with legal higher education and according to art. 43 lit. c) of the same law for trainers who carry out teaching activities in the framework of initial training of clerks without legal higher education or within the framework of continuous formation *). ------------- Alin. ((2) of art. 19 19 has been introduced by section 11 11 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 20 (1) Teachers in legal higher education who hold management or execution positions within the National School of Grefiers are assimilated to judges and prosecutors, during the exercise of their functions. ------------- Alin. ((1) of art. 20 20 has been amended by section 12 12 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (2) Higher education workers who carry out training activities in the National School of Clerks are assigned according to the appropriate function of the High Court of Cassation and Justice. + Section 2 Initial training of the specialist auxiliary staff of the courts and the prosecutor's offices + Article 21 (1) The initial training takes place differently for clerks with higher legal studies, clerks with higher education and secondary education. (2) For clerks with legal higher education, the duration of the courses is 6 months and consists in theoretical training and practical internship. ------------- Alin. ((2) of art. 21 21 has been amended by section 13 13 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (3) For clerks with higher education of another specialty or secondary education, the duration of the courses is one year and includes theoretical training and practical internship. ------------- Alin. ((3) of art. 21 21 has been amended by section 13 13 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (4) The practical internships shall be carried out at the courts and at the prosecutor's offices. + Article 22 (1) At the completion of the courses of the National School of Clerks the students will take a final exam. (2) The graduation average of the National School of Clerks is at least 6. (3) The students who have passed the graduation exam of the National School of Grefieri are issued their attestations. + Article 23 Graduates with attestation of the National School of Clerks will be assigned, in order of graduation averages, on vacancies from the courts and prosecutors ' offices beside them or, as the case may be, at the High Court of Cassation and Justice, The prosecutor's office of the High Court of Cassation and Justice or the National Anti-Corruption Directorate, for which they supported the admission contest. ------------ Article 23 has been amended by section 6.6. 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing throughout the law the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". + Article 24 (1) Graduates who have obtained the graduation average at least 7 will be assigned to the professional stage immediately superior to that of debutant. (2) Graduates who have obtained averages between 6 and 7 will be assigned as debutants. (3) Persons classified under the terms of this Article may not be delegated, seconded, transferred and may not promote to other courts or prosecutors ' offices for at least one year after appointment. ----------- Alin. ((3) of art. 24 24 has been introduced by section 1 1 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 825 of 8 December 2008. + Article 25 (1) During the period of studies, the National School of Registrations grants to the students a monthly allowance of learner, in the amount equal to the gross basic salary for the position of junior registrar, in relation to the level of graduate studies. (2) The allowance provided in par. (1) has the nature and legal regime of a salary right and is paid from the fund provided for in the approved annual budget of the Superior Council of Magistracy. + Article 26 (1) The period during which a person was a student of the National School of Grefieri, if he passed the graduation exam of the National School of Grefieri, constitutes seniority in work and seniority in the specialty. (2) The attestation issued to the graduates of the National School of Grefieri constitutes the proof act for seniority. ------------- Alin. ((2) of art. 26 26 has been introduced by section 14 14 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (3) The tuition period provided for in the tuition contract will be assimilated to the seniority in the specialty, in relation to the level of graduation studies. ------------- Alin. ((3) of art. 26 26 has been introduced by section 14 14 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 27 (1) Graduates of the National School of Grefiers are required to remain for 5 years within the institutions of the judicial authority. (2) If a graduate of the National School of Grefiers is relieved of his duties before the expiry of the 5-year period, on his initiative or for reasons attributable to him, he is obliged to refund the student allowance and the tuition expenses incurred with its training, in proportion to the time remaining until the end of the term provided in par. ((1). + Article 28 The specialization internship provided in art. 10 takes place within the courts and prosecutors ' offices, for which they supported the contest, under the guidance of the training staff of the National School of Grefieri. + Section 3 Continuing vocational training + Article 29 (1) The specialized auxiliary staff of the courts and prosecutors ' offices besides them has the obligation to participate at least once every 5 years in a form of continuous professional training organized by the National School of Grefieri. (2) In the case of computer clerks, continuous professional training is carried out by participating, at least once a year, in specialized courses organized at profile institutions, based on the collaboration conventions concluded with the courts. call or with the prosecutor's offices of the courts of appeal or, as the case may be, with the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice or the National Anti-Corruption Directorate. ------------ Alin. ((2) of art. 29 29 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing throughout the law the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". + Article 30 (1) Continuous training takes place in the form of seminars, training sessions, conferences, working visits, training placements abroad. (2) The seminars and sessions of continuous training of the clerks operating in the courts and the prosecutor's offices beside them shall be carried out on the basis of an annual programme approved by the Superior Council of The magistracy, which is communicated to all courts and prosecutors ' offices in December of the previous year. ((3) The Greifers will be able to opt, within the limits of available places, for the continuing training activities that interest them. + Article 31 (1) At the end of each seminar or each continuous training session, organized according to art. 30, the staff receives a certificate in which they are recorded and the results obtained from the evaluation of the accumulated knowledge. ((2) The completion of any form of continuous training, organized by the National School of Clerks or, as the case may be, by the relevant institutions, is a score that is considered at the annual evaluation of the auxiliary staff of the courts and the parquet floors beside them. ------------- Alin. ((2) of art. 31 31 has been amended by section 15 15 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 32 In addition to the continuous training organized by the National School of Grefieri, at the level of each court and each parquet will be organized, quarterly, hours of professional training of specialized auxiliary staff, under the guidance of a judge or prosecutor appointed by the head of each court, respectively of each prosecutor's office. ------------- Article 32 has been amended by section 4.2. 16 16 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 32 ^ 1 (1) The accommodation and meals expenses of the specialized auxiliary staff of the courts and the prosecutor's offices of these, the students and the training staff of the National School of Grefiers, who participate in the continuous vocational training activities organized by the National School of Grefieri, shall be borne from the budget of this institution. (2) The maximum ceiling of the expenses provided in par. (1) is established by decision of the President of the Superior Council of Magistracy, at the proposal of the National School of Grefieri (3) The transport costs of the specialized auxiliary staff of the courts and of the prosecutor's offices beside them, who participate in the continuous professional training activities organized by the National School of Grefieri, shall be supports the budget of institutions where they perform the basic function. (4) The transport costs of the students and the training staff of the National School of Grefieri, who participate in the continuous professional training activities organized by the National School of Grefieri, shall be borne from the budget of this institutions. (5) The specialized auxiliary staff of the courts and the prosecutor's offices beside them, the students, as well as the training staff of the National School of Grefiers, who participate in the training activities organized by the School National of Grefieri, does not benefit from the delegation allowance from the institutions where they perform the basic function. (6) The transport expenses of the members of the Governing Council of the National School of Clerks who do not have their domicile in Bucharest shall be borne from the budget of the National School of Grefieri -------------- Art. 32 ^ 1 was introduced by item 5 5 of the single article of LAW no. 118 118 of 24 April 2009 , published in MONITORUL OFFICIAL no. 285 of 30 April 2009, which complements art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 825 of 8 December 2008, with point 1 1 ^ 1. + Chapter IV Appointment, promotion, suspension and dismissal of the specialist auxiliary staff of the courts and prosecutors ' offices + Section 1 Appointment in office + Article 33 ((1) The person who fulfils the following conditions may be appointed as Registrar: a) has Romanian citizenship, domicile in Romania and full exercise capacity; b) has no criminal record, has no tax record and enjoys a good reputation; c) knows the Romanian language; d) is medically fit for the exercise of the function; e) has specialized higher education or secondary education, computer or typing knowledge; f) is a graduate of the National School of Grefieri. (2) Upon appointment as Registrar, for the fulfilment of the condition referred to in par. ((1) lit. e), it is necessary to graduate from higher legal or secondary education studies. Persons who have higher education of another specialty, other than those provided in par. ((3) and (4), are assimilated to those with secondary education in terms of classification. ------------- Alin. ((2) of art. 33 33 has been amended by section 17 17 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (3) For the appointment as a statistician Registrar, in order to fulfill the condition provided in par. ((1) lit. e), it is necessary to graduate from economic higher education, higher legal studies or economic studies. (4) For the appointment as a documentary Registrar, in order to fulfill the condition provided in par. ((1) lit. e), it is necessary to graduate from higher legal studies, higher education of public administration or philology or secondary studies. + Article 34 For the appointment as a computer clerk, the conditions laid down in art. 33 33 para. ((1) lit. a)-d) and the graduation of specialized higher education. ------------ Article 34 has been amended by art. III of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 of 19 January 2006, by replacing the notion of "computer scientist" with the notion of "computer clerk". + Article 35 The functions of computer registrar can be nominated according to the classification of specialized functions provided by law for computer science functions. ------------ Article 35 has been amended by art. III of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 of 19 January 2006, by replacing the notion of "computer scientist" with the notion of "computer clerk". + Article 36 (1) If the activity of the courts or prosecutors ' offices cannot be carried out under normal conditions due to the large number of vacancies, the recruitment of clerks can be carried out by competition to fill vacancies. The contest is held at the level of appeals courts, prosecutors ' offices near the courts of appeal, the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Directorate, according to the regulation approved by the Superior Council of Magistracy. ------------- Alin. ((1) of art. 36 36 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". (2) The posts of temporary vacations may be filled by competition organized by the courts and prosecutors ' offices provided in par. (1), according to the regulation approved by the Superior Council of Magistracy. (3) Persons who meet the conditions laid down in art. 33 33 para. ((1) lit. a)-e). ------------- Article 36 has been amended by section 6.6. 18 18 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 37 Clerks and computer clerks are appointed by decision by the presidents of the courts of appeal or, as the case may be, by the prosecutors general of the prosecutor's offices, in whose territorial constituency they are to carry out their work. ------------ Article 37 has been amended by art. III of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 of 19 January 2006, by replacing the notion of "computer scientist" with the notion of "computer clerk". + Article 38 (1) May be appointed as Registrar, Registrar Registrar, procedural agent, bailiff or driver who has secondary education and meets the conditions laid down in art. 33 33 para. ((1) lit. a)-d). ------------- Alin. ((1) of art. 38 38 has been amended by section 19 19 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (2) The appointment on the posts provided in par. (1) is made on the basis of competition, organized at the level of the courts of appeal, of the prosecutor's offices beside them or, as the case may be, at the High Court of Cassation and Justice, at the Prosecutor's Office of the High Court of Cassation and Justice or at the National Directorate Corruption. ------------ Alin. ((2) of art. 38 38 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing throughout the law the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". (3) The way of organizing and conducting the contest is established by the regulation provided in art. 9 9 para. ((2). ------------- Alin. ((3) of art. 38 38 has been amended by section 19 19 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 39 Archival clerks, registrar clerks, procedural agents, bailouts and drivers are appointed by decision by the presidents of the appellate courts or, as the case may be, by the prosecutors general of the prosecutor's offices beside them in whose constituency the territorial area is to operate. ------------- Article 39 has been amended by section 6.6. 20 20 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 40 (1) Before starting to exercise his office, the specialized auxiliary staff of the courts and prosecutor's offices of the courts shall be sworn in before the head of the court or the prosecutor's office of the this, to which it is called. ((2) Provisions art. 34 34 of Law no. 303/2004 , republished, as amended, shall apply accordingly. ------------- Alin. ((2) of art. 40 40 has been amended by section 21 21 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 41 The computer clerks are subordinate, administratively, to the head of the court or prosecutor's office to which they belong and, from a professional point of view, to the Information Technology Exploitation Directorate of the Ministry Justice and Citizens ' Freedoms *) or, as the case may be, the corresponding compartment of the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice or the National Anti-Corruption Directorate. ------------ Article 41 has been amended by section 6.6. 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing throughout the law the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". + Section 2 Promotion of the specialized auxiliary staff of the courts and prosecutors ' offices + Article 42 (1) The specialized auxiliary staff of the courts and prosecutors ' offices, framed for the first time after the end of their studies, has the status of debutant for a period of 6 months from framing, being completed in office on the basis of the exam, except for the graduates provided in art. 24 24 para. ((1). (2) In case of non-promotion of the examination of completion in office, the period provided in par. (1) may be extended for a further 6 months. The non-promotion for the second time of the final examination draws the release from office as professional improperly. + Article 43 Promotion to execution functions is done by competition or exam, in the immediately superior position. + Article 44 (1) Promotion in execution functions in degrees or higher professional steps, within the same court or the same parquet, is done by examination. (2) Promotion to courts or higher prosecutor's offices is made only by competition, organized at the level of the courts of appeal or of the prosecutor's offices beside them or, as the case may be, at the High Court of Cassation and Justice, at the Prosecutor's Office of the High Court of Cassation and Justice or at the National Anti-Corruption Directorate, for the specialized auxiliary staff of the courts and prosecutors ' offices, which is at least 3 years old in the position in which it is classified and the rating "very good" during this period. ------------ Alin. ((2) of art. 44 44 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing throughout the law the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". (3) The way of organizing and conducting the contest or examination is established by regulation, approved by the Superior Council of Magistracy. (4) For the promotion to execution functions in the case of computer clerks, to the elaboration of the regulation provided in par. (3) will be considered, as the case may be, and the proposals of the Minister of Justice and Citizens ' Freedoms *), of the President of the High Court of Cassation and Justice and of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. ------------ Alin. ((4) of art. 44 44 has been amended by art. III of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 of 19 January 2006, by replacing the notion of "computer scientist" with the notion of "computer clerk". + Article 45 (1) Promotion in leading positions of first-Registrar, chief clerk, chief clerk of the section or of the computer-chief Registrar shall be made by competition to verify the professional training and managerial skills of the candidates. The contest is organized at the level of the courts of appeal, of the prosecutor's offices beside them or, as the case may be, at the High Court of Cassation and Justice, at the Prosecutor's Office of the High Court of Cassation and Justice or at the National Anti-Corruption Directorate, based regulation approved by the Superior Council of Magistracy. ------------- Alin. ((1) of art. 45 45 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". (2) In the contest for the promotion of clerks and computer clerks, the following criteria shall be met: a) a minimum of 3 years in the position of Registrar, respectively of computer registrar. In the case of clerks with legal higher education, a minimum of 6 months is required in the position of Registrar; b) special professional activity, evaluated with the rating "Very good" in the last 3 years, respectively 6 months. ------------- Article 45 has been amended by section 6.6. 22 22 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 46 (1) The appointment as first-Registrar, chief clerk, chief clerk of the section is made for a period of 5 years, with the possibility of reinvesting only once, by decision of the president of the appellate court or the prosecutor general of the prosecutor's office of the this court. ------------- Alin. ((1) of art. 46 46 has been amended by section 23 23 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (1 ^ 1) If there are no candidates to meet the conditions provided by law for submission to the competition, by way of derogation from the provisions of par. (1), persons appointed to the positions of first-Registrar, chief clerk, chief clerk of the section may be reinvested in office, for the duration of another term, by decision of the president of the appellate court or the prosecutor general of the prosecutor's office of the Court. ------------- Alin. ((1 ^ 1) of art. 46 46 has been introduced by section 24 24 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (2) The appointment as a computer-chief Registrar shall be made for a period of 3 years, with the possibility of reinvesting only once, by decision of the president of the appellate court or the prosecutor general of the prosecutor's office of the court. ------------- Alin. ((2) of art. 46 46 has been amended by section 25 25 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (2 ^ 1) If there are no candidates to meet the conditions provided by law for submission to the competition, by way of derogation from the provisions of par. (1), the person appointed as the information-head Registrar may be reinvested in office for the duration of another term, by decision of the president of the appellate court or the prosecutor general of the prosecutor's office of the court. ------------- Alin. (2 ^ 1) of art. 46 46 has been introduced by section 26 26 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (3) In the case of appointment as chief information officer at the High Court of Cassation and Justice, the opinion provided in par. ((2). ------------ Alin. ((3) of art. 46 46 has been amended by art. III of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 of 19 January 2006, by replacing the notion of "computer scientist" with the notion of "computer clerk". (4) Upon termination of the mandate of the management position, the specialized auxiliary staff of the courts and prosecutor's offices of these may occupy, under the conditions provided in art. 45, a leading position at the same court or at the same prosecutor's office or at another court or parquet or return to the courts or prosecutors where they come or to a court or parquet where they have the right to operate according to the law. ------------- Alin. ((4) of art. 46 46 has been introduced by section 27 27 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 47 Art. 45 and 46 shall also apply accordingly in the case of promotion to the position of Registrar-in-Chief, within the courts and prosecutors ' offices in addition to which this function is required. ------------- Article 47 has been amended by section 6.6. 28 28 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Section 3 Suspension from office of the specialist auxiliary staff of the courts and prosecutors ' offices + Article 48 (1) The specialized auxiliary staff of the courts and prosecutors ' offices besides them shall be suspended from office in the following cases: a) when the criminal action against him was set in motion by order or indictment *); ------------- Lit. a) a par. ((1) of art. 48 48 has been amended by section 4.2 29 29 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. b) when suffering from a mental illness, which prevents him from exercising his function properly; c) when he performs a serious disciplinary misconduct, under the conditions of art. 88. (2) The suspension from office shall be ordered by the chairman of the court of appeal or, as the case may be, by the prosecutor general of the prosecutor's office of the latter, in whose territorial constituency the person concerned operates. For the specialized auxiliary staff of the High Court of Cassation and Justice, of the Prosecutor's Office of the High Court of Cassation and Justice and of the National Anti-Corruption Directorate, the suspension from office is ordered by their leaders. ------------- Alin. ((2) of art. 48 48 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". (3) During the period of suspension from office, according to para. ((1) lit. a) and c), the suspended one is not paid the salary rights. This period does not constitute seniority in work and in specialty. + Article 49 (1) In the case provided for in art. 48 48 para. ((1) lit. a), the President of the High Court of Cassation and Justice, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice and of the National Anti-Corruption Directorate, the President of the Court of Appeal or, as the case may be, the Prosecutor General they also immediately communicate to the person concerned and to the management of the court or prosecutor's office where it operates the decision ordering the suspension from office. ------------- Alin. ((1) of art. 49 49 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". (2) If the removal from prosecution is ordered, the termination of the criminal investigation, the acquittal or termination of the criminal proceedings against the person concerned, the suspension from office shall cease, and this shall be reinstated in the previous situation, the money rights it was deprived of during the period of suspension from office and is recognized seniority in work and in the specialty for this period. (3) The provisions of par. ((2) shall apply accordingly and in the case referred to in art. 48 48 para. ((1) lit. c), if the innocence of the person concerned is found. + Article 50 (1) In the case provided for in art. 48 48 para. ((1) lit. b), the mental illness is found by a specialized expertise, when the president of the court or, as the case may be, the leader of the prosecutor's office, and the suspension from office is ordered during the period recommended by the specialized medical commission. The specialized medical commission, as well as the concrete conditions of expertise of people suffering from a mental illness are established by joint order of the Minister of Justice and the Minister of Health. ----------- Alin. ((1) of art. 50 50 has been amended by section 5 5 of art. unique from LAW no. 214 214 of 28 June 2013 published in MONITORUL OFFICIAL no. 388 388 of 28 June 2013, which introduces art. XI of EMERGENCY ORDINANCE no. 4 4 of 30 January 2013 published in MONITORUL OFFICIAL no. 68 68 of 31 January 2013. (2) After the expiry of the period referred to in (1), the president of the appellate court or, as the case may be, the prosecutor general of the prosecutor's office, on the basis of a new expertise, may decide to terminate the suspension and reinstate the person concerned, to extend it or, if the disease is Irreversible, it releases her from office. (3) During the period of suspension, the person concerned is paid the social security rights for the disease, according to the law. + Article 51 The decision to suspend from office may be challenged at the labour and social security tribunal in whose territorial constituency the applicant is domiciled. + Section 4 The dismissal of the specialist auxiliary staff of the courts and the prosecutor's offices beside them + Article 52 The specialist auxiliary staff of the courts and of the prosecutor's offices of the courts shall be released from the position of execution or management in the following cases: a) resignation; b) retirement, under the law; c) ascertaining the appropriate professional non-training or, where appropriate, the improper performance of the duties specific to the management d) failure to fulfil any of the conditions laid down for the appointment; e) as disciplinary sanction; f) final conviction for the commission of a crime of a nature to prejudice the profession. ------------- Lit. f) of art. 52 52 has been amended by art. 78 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 53 (1) The release from office shall be ordered by decision of the head of the court or the prosecutor's office of the court, who ordered the appointment. (2) For the specialized auxiliary staff of the courts and prosecutors ' offices besides these who attended the National School of Grefieri, the decision to issue the position provided in par. (1) shall be brought to the attention of the National School of Grefiers, within 30 days from the issue, if the release from office takes place before the end of the 5-year term provided by art. 27 27 para. ((1). (3) For computer clerks, in the case provided by art. 52 lit. c), the decision to issue from office is issued with the opinion of the computer science department of the Ministry of Justice and Citizens ' Freedoms *) or, as the case may be, of the High Court of Cassation and Justice, of the Prosecutor's Office on near the High Court of Cassation and Justice or the National Anti-Corruption Directorate. ------------ Alin. ((3) of art. 53 53 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing throughout the law the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". + Article 54 The decision to issue from the position provided for the cases referred to in 52 lit. c)-f) can be challenged at the labor court and social insurance in whose territorial constituency the applicant is domiciled. + Chapter V Delegation, secondment and transfer of the specialist auxiliary staff of the courts and of the prosecutor's offices + Article 55 (1) If a court or a prosecutor's office cannot function normally due to the temporary lack of specialized auxiliary staff, the existence of vacancies or other such cases, the president of the court of the appeal or the prosecutor general of the prosecutor's office of the court, at the proposal of the head of the court or of the prosecutor's office, may delegate the specialized auxiliary staff of the territorial constituency of the same appellate court or the same parquet of this court. (2) The delegation of the specialized auxiliary staff of the courts and of the prosecutor's offices to them can be made for a period of no more than 60 days and can be extended, with the consent of the delegated person, no more than 60 days in a year. (3) The delegation of computer clerks may be ordered with the prior opinion of the computer science department within the Ministry of Justice and Citizens ' Freedoms *), respectively of the Prosecutor's Office of the High Court of Cassation and Justice. ------------ Alin. ((3) of art. 55 55 has been amended by art. III of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 of 19 January 2006, by replacing the notion of "computer scientist" with the notion of "computer clerk". + Article 56 (1) The chairman of the appellate court or, as the case may be, the prosecutor general of the prosecutor's office of the appellate court, with the opinion of the head of the court or the prosecutor's office of the latter, may order the specialized in other courts or prosecutors 'offices, within the Ministry of Justice and Citizens' Freedoms *), to the Superior Council of Magistracy or to their subordinate units or those in coordinating them. ------------- Alin. ((1) of art. 56 56 has been amended by section 32 32 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (. The duration of the posting shall be no more than one year. Exceptionally, the duration of the posting can be extended, for objective reasons, from 6 to 6 months, in compliance with the same conditions. + Article 57 During the delegation and posting period, the specialized auxiliary staff of the courts and prosecutors ' offices besides them benefit from all the rights provided by law for the staff in the budget units. When the salary and other money rights provided for the position in which the specialized auxiliary staff is posted are inferior to those to whom it benefits at the court or the prosecutor's office of this, to which it is framed, it retains the salary of framing and the other money rights of the office it holds. + Article 58 The transfer of specialized auxiliary personnel between the courts or the prosecutor's offices of these are approved, at his request or of the interested units, by the presidents of the courts of appeal or, as the case may be, by the general prosecutors of the prosecutor's offices of these courts. + Chapter VI The rights and duties of the specialist auxiliary staff of the courts and of the prosecutor's offices + Section 1 General provisions + Article 59 The establishment of the rights and duties of the auxiliary staff shall be made taking into account the place and its role in carrying out the activity of justice, the liability and complexity of each function, the prohibitions and incompatibilities provided of law for persons who are classified in public institutions. + Section 2 The rights of the specialist auxiliary staff of the courts and of the prosecutor's offices + Article 60 (1) For the work carried out, the specialized auxiliary staff of the courts and prosecutors ' offices next to them is entitled to a salary established in relation to the level of the court or prosecutor's office, with the position held, with seniority in work and in specialty, as well as with other criteria provided by law. ((2) Abrogat. ------------ Alin. ((2) of art. 60 60 has been repealed by section 6.6. 14 14 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 of 15 April 2008, which supplements art. III of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (3) The specialized auxiliary staff of the courts and prosecutors ' offices besides them benefit from basic salaries, increase of seniority, premiums and other salary rights, under the law. ((4) Salarisation of specialist auxiliary staff, civil servants and contract staff in the courts, prosecutors 'offices, as well as within the Ministry of Justice and Citizens' Freedoms *), The National Institute of Magistracy and the National School of Grefieri is established by special law. ------------- Alin. ((4) of art. 60 60 has been amended by section 33 33 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (5) Until the entry into force of the special salary law, the legal provisions regarding the salary of the personnel provided in par. ((4). ------------- Alin. ((5) of art. 60 60 has been introduced by section 34 34 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 61 The specialist auxiliary staff of the courts and prosecutor's offices beside them is free to associate or join trade union organisations, as well as professional, local, national or international organisations, for the purposes of this. defence of his professional, social and economic interests. + Article 62 (1) The specialized auxiliary staff of the courts and prosecutors ' offices besides them is recognized the right to strike, under the law, in compliance with the principles of continuity and speed of justice activity. (2) During the strike the essential services will be provided, not less than one third of normal activity, ensuring the participation of clerks in court hearings or, as the case may be, the prosecution activities for the resolution of cases with arrested in criminal matters and other matters, for the causes of maintenance obligations of any kind, the provision of evidence, the settlement of requests for injunction, as well as in other cases deemed urgent, according to the law, or appreciated as such by the court. + Article 63 (1) The specialized auxiliary staff of the courts and prosecutors ' offices besides them has the right to continuously improve their professional training. (2) During the period during which the specialized auxiliary staff of the courts and prosecutors ' offices in addition to these follow forms of professional improvement, benefit from the due salary rights, if they are: a) organized at the initiative or in the interest of the court or prosecutor's office to which it is b) followed at the initiative of the specialized auxiliary staff of the courts and prosecutors ' offices, with the consent of the President of the Court of Appeal or of the Prosecutor General of the Prosecutor's Office territorial constituency works; c) organized by the National School of Grefieri, the zonal training centers continue, under the law, or by other specialized institutions in the country or abroad. ((3) If training and professional improvement, in the forms provided in par. (2), it is organized outside the locality where the court or prosecutor's office has its headquarters, the specialized auxiliary staff of the courts and prosecutors ' offices besides them benefit from the delegation rights, under the conditions of art. 57. (4) In order to cover the expenses of training and professional improvement programs of specialized auxiliary staff, organized under the conditions provided in par. ((2) lit. a) and c), the appellate courts and the prosecutor's offices beside them, as well as, as the case may be, the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice, the National Anti-Corruption Directorate and the National School of Clerks have the obligation provide in the own annual budget the amounts necessary for the expenditure concerned *). ------------- Alin. ((4) of art. 63 63 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". (5) Expenditure on meals and accommodation of staff participating in professional refresher courses, organized under the conditions provided in par. ((2) lit. c), shall be borne by the National School of Grefieri, and the transport expenses, by the court or prosecutor's office of which it is employed. ------------- Alin. ((5) of art. 63 63 has been introduced by section 36 36 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 64 Courts and prosecutors have the obligation to provide specialized auxiliary staff with normal working and hygiene conditions, likely to ensure their health and physical and mental integrity. + Article 65 (1) The specialized auxiliary staff of the courts and the prosecutor's offices in addition to these benefit annually from a paid holiday of 30 working days. (2) During the period of rest leave the specialized auxiliary staff of the courts and prosecutors ' offices besides them benefit, only once a year, of free return transport between the locality of domicile and the locality from the country where he spends his holiday. (3) The conditions for making and paying the holiday shall be established by regulation approved by the Superior Council of Magistracy, under the conditions Law no. 53/2003 -Labor Code, as amended, and the Government Emergency Ordinance no. 123/2003 on salary increases that will be granted to staff in the budget sector, approved with amendments and completions by Law no. 164/2004 , with subsequent additions. + Article 66 (1) The specialized auxiliary staff of the courts and prosecutors ' offices besides them has the right to leave without payment, for studies or for other events, under conditions established by the regulation provided in art. 65 65 para. ((3). (2) The specialized auxiliary staff of the courts and prosecutors ' offices besides them has the right to sick leave, according to the legislation in force. + Article 67 (1) The specialized auxiliary staff of the courts and of the prosecutor's offices, in activity or pensioners, as well as the spouse and children in its maintenance benefit free of charge from medical assistance, medicines and prosthetics, in compliance with the legal provisions on the payment of the contribution to health insurance. (2) The conditions for the free provision of medical assistance, medicines and prostheses are established by Government decision. + Article 67 ^ 1 (1) The specialized auxiliary staff of the courts and prosecutors ' offices besides them shall be entitled to the assignment of a service dwelling if, in the locality where they operate, it, their spouse or children in his maintenance he does not benefit from the home personal property or was not assigned a home by the local public administration authorities. (2) The staff provided in par. (1), to which the service dwelling was not granted by the principal authorising officers, is entitled, under the conditions of par. (1), to compensate the difference between the rent that would be established for a service dwelling, according to the law, and the rent paid on the basis of a lease concluded under the law. This right has no salary character and is not taxed. The compensation shall not be granted if the lease is concluded with first or second-degree relatives. In exceptional situations, determined by the non-existence of a suitable housing fund in the locality where it operates, the lease may have as its object a dwelling located in another locality in the constituency of the same court of appeal. ----------- Alin. ((2) of art. 67 ^ 1 has been amended by section 4.2 5 5 of art. unique from LAW no. 214 214 of 28 June 2013 published in MONITORUL OFFICIAL no. 388 388 of 28 June 2013, which introduces art. XI of EMERGENCY ORDINANCE no. 4 4 of 30 January 2013 published in MONITORUL OFFICIAL no. 68 68 of 31 January 2013. (3) The ceiling within which the rent can be settled under the conditions of par. (2) is established annually, by localities, according to the limit of the budget allocated for this purpose in the state budget law, by joint order of the Minister of Justice and Citizens ' Freedoms, of the President of the Superior Council of Magistracy, of the President of the High Court of Cassation and Justice, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice and the Chief Prosecutor of the National Anti-Corruption Directorate. -------------- Alin. ((3) art. 67 ^ 1 has been amended by section 4.2 6 6 of the single article of LAW no. 118 118 of 24 April 2009 , published in MONITORUL OFFICIAL no. 285 285 of 30 April 2009, amending section 2 2 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 825 of 8 December 2008. (4) They are entitled to the service dwelling according to par. (1) or, as the case may be, to the compensation of the rent under the ((2) and (3) and those delegated, posted or transferred to a locality other than their domicile, if they, their spouse or children in their maintenance do not have a dwelling in the locality where they are delegated, posted or transferred. (5) The specialized auxiliary staff of the courts and prosecutors ' offices besides them, who do not benefit from the personal property or who was not granted the service home under the conditions of par. (1) or compensation for rent under the conditions of par. (2) and (3), in the locality where they operate, are entitled to the settlement of transport expenses between the locality where they have their domicile or residence and the locality where the headquarters of the unit is located. If the trip is made by car, it benefits from the settlement of the value of 7.5 liters fuel per cent, for the period in which it actually worked. (6) The service dwellings cannot be sold to the specialist auxiliary staff of the courts and prosecutors ' offices. (7) If the specialist auxiliary staff of the courts and prosecutor's offices beside them, including their spouse or children in their maintenance, have disposed of a personal property home after the date of appointment in function in the locality where it requests the rights provided in par. ((1)-(4), no longer benefit from these rights. (8) In the case of pensioners, the tenancy holder and his spouse shall retain their housing rights throughout their life. ----------- Art. 67 ^ 1 was introduced by item 2 2 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 825 of 8 December 2008. + Article 68 Repealed. -------------- Art. 68 was repealed by letter. f) a art. 196 of LAW no. 263 263 of 16 December 2010 published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. + Article 68 ^ 1 (1) Executors of the courts, retired before the entry into force of the Law no. 188/2000 on bailiffs, with subsequent amendments and completions, benefit free of charge from medical assistance, medicines and prosthetics, under the conditions of compliance with the legal provisions on the payment of social security contribution health. ((2) Abrogat. ------------ Alin. ((2) of art. 68 ^ 1 was repealed by lit. f) a art. 196 of LAW no. 263 263 of 16 December 2010 published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. ------------ Art. 68 ^ 1 has been amended by section 6.6. 2 2 of art. III of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. + Article 68 ^ 2 Repealed. ---------- Art. 68 ^ 2 was repealed by lit. f) a art. 196 of LAW no. 263 263 of 16 December 2010 published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. + Article 68 ^ 3 Repealed. --------- Art. 68 ^ 3 was repealed by letter. f) a art. 196 of LAW no. 263 263 of 16 December 2010 published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. + Article 68 ^ 4 Repealed. ---------- Art. 68 ^ 4 was repealed by letter. f) a art. 196 of LAW no. 263 263 of 16 December 2010 published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. + Article 68 ^ 5 (1) The specialized auxiliary staff of the courts and prosecutors ' offices in addition to these provided in art. 3 3 para. (2), the forensic specialist staff and the staff occupying auxiliary specialized functions provided in art. 3 ^ 1, as well as forensic technicians within the prosecutor's offices, at least 25 years old in the specialty, can benefit, at the age of 60, from a service pension, in the amount of 80% of the calculation base represented by the average monthly gross basic salaries achieved, including bonuses, corresponding to the last 12 months of activity prior to the month in which the application for retirement is submitted. (2) The service pension provided in par. (1) benefits, at the age of 60, and the specialized auxiliary staff of the courts and prosecutor's offices beside them, the forensic specialist staff and the staff occupying auxiliary functions of forensic speciality, as well as forensic technicians within the prosecutor's offices, with a seniority in the specialty between 20 and 25 years, in this case the amount of the pension being reduced by 1% of the calculation base provided in par. ((1) for each year that is missing from the age in full specialty. (3) For each year that exceeds the age in the specialty provided in par. (1), the amount of the pension is added 1% of the calculation base provided in par. ((1), without being able to overcome it. ((4) The pension shall be granted upon request, starting with the month following that in which the application was registered at the territorial pension house within the domicile or residence of the applicant or, as the case may be, at the competent sectoral pension house. (5) With the establishment of the amount of the service pension, the old-age pension in the public system is also established, according to the legislation in force on the public pension system. (6) If the amount of the service pension calculated according to this law is lower than that of the pension in the public pension system the most advantageous amount is granted. (7) Persons who meet the age and seniority conditions provided in par. (1) only as specialist auxiliary staff of the courts and prosecutor's offices of these, of forensic and personnel specialist personnel occupying forensic specialist auxiliary functions, as well as in the the forensic technician in the prosecutor's offices benefits from a service pension, even if at the time of retirement they had or have another occupation. In this case, the basis for the calculation of the service pension is the average of the monthly gross basic salaries, including the bonuses, in percentage, from the last 12 months prior to the month in which the retirement application is submitted, made by the auxiliary staff of specialty in activity in identical conditions of function, seniority, degree or stage and level of the court or prosecutor's office or INEC where the applicant functioned before his release from the position of specialized auxiliary staff. (8) The provisions of par. (7) can only benefit persons who have been released from the position of specialized auxiliary staff of the courts, of the prosecutor's offices of these, of forensic specialist personnel, of staff occupying functions Forensic specialist auxiliary from INEC, as well as forensic technician from the prosecutor's offices, for reasons not attributable to them. (9) The surviving spouse, the minor children, as well as the major children until the end of their studies, but not more than 26 years, of the specialist staff of the courts and the prosecutor's offices beside them, of the staff of Forensic specialty, of the personnel occupying auxiliary specialized functions of forensics and of the forensic technician within the prosecutor's offices benefit from survivor's pension under the conditions provided by the pension system legislation public, calculated from the service pension in payment or to which they would have been entitled the supporter at the time of death, updated, as appropriate. (10) The service pensions and survivors ' pensions provided for by this Law shall be updated, ex officio, every year, with the changes in the amount of the pension point, with the percentage corresponding to the inflation rate used to determine the value of the pension, as required Law no. 263/2010 on the unitary public pension system, with subsequent amendments and completions. If the update results in a lower service pension, the pension in payment shall be kept. (11) It is borne from the state budget, through the budget of the Ministry of Labor, Family, Social Protection and Elderly: a) the part of the service pension that exceeds the pension level of the public pension system, as well as the service pension in the case of persons who do not meet the conditions for granting the pension for the age limit in the public pension system; b) the part of the survivor's pension, calculated from the service pension, which exceeds the pension level of the public pension system, as well as the survivor's pension calculated from the service pension, in the case of supporters who do not meet the conditions of granting of the old-age pension in the public pension system. ((12) The pension provided for by this Article, except for the pension provided in par. ((9), has the legal regime of an old-age pension. (13) The elements necessary to establish the pensions provided by this law regarding the age in the specialty, the seniority in office and the basis for the calculation of the pension shall be proved with the document issued by the competent court, by the prosecutor's office on near this or the INEC, on their responsibility. ((14) The payment of the pension provided for by this Law is as follows: a) from the date of issue of office, provided for in the decision of the head of the court, of the prosecutor's office of the INEC, in the situation of the specialized auxiliary staff of the courts, of the prosecutor's offices in addition to these, the forensic specialist staff and staff occupying forensic specialist auxiliary functions, as well as forensic technicians within the prosecutor's offices, in activity on the date of submission of the application for retirement; b) from the date of granting the pension, in the situation of the persons referred to in ((7) and (9). (15) The provisions of this law, relating to pensions, shall be supplemented by those of the legislation on pensions in the public pension system on the modalities of establishment and payment, as well as those relating to the modification, suspension, the resumption, termination, recovery of undue amounts and jurisdiction. ---------- Art. 68 ^ 5 was introduced by art. I of LAW no. 130 130 of 3 June 2015 , published in MONITORUL OFFICIAL no. 408 408 of 10 June 2015. + Article 69 (1) Specialist auxiliary staff with a continuing legal age of 25 years at the time of retirement or release from office for non-imputable reasons benefit from an allowance equal to 3 basic gross monthly framing salaries, which shall be paid. tax according to the law. ------------- Alin. ((1) of art. 69 69 has been amended by section 43 43 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (2) The allowance provided in par. (1) is granted only once during the activity of specialized auxiliary personnel and is registered in the personal file, according to the law. (3) The provisions of par. ((1) and (2) shall also apply to the death of the specialist auxiliary staff in activity. In this case the allowance is granted to the spouse or, as the case may be, to the wife and children who were in the maintenance of the person concerned at + Article 70 Clerks with legal higher education benefit from seniority in legal specialty, for the period in which they carry out this activity. + Article 71 (1) The specialized auxiliary staff of the courts and prosecutors ' offices besides them, in activity, aged 25 years and 20 years, respectively, can be awarded with the Diploma of Judicial Merit grades II and III, provided by Law no. 303/2004 , for outstanding merits in the activity, exemplary compliance with service duties and obtaining during the entire activity only the rating "very good". (2) The modality of the proposal and the concrete conditions for granting the Diplomas Judicial merit classes II and III shall be established by regulation approved by the Superior Council of Magistracy. + Article 72 The meeting clerks are entitled to the free provision of the clothing outfit corresponding to the court to which it operates, according to the law. + Article 73 In addition to the rights provided by this law, the specialized auxiliary staff of the courts and prosecutors ' offices also benefit from other rights provided by labor law and social insurance legislation. + Article 74 (1) The activity of the specialized auxiliary staff of the courts and the prosecutor's offices in addition to them is assessed annually by the head of the court or the prosecutor's office the activity, by granting the ratings "very good", "good", "satisfactory" and "unsatisfactory". (2) The annual evaluations and ratings shall be kept at the professional professional file. (3) In the case of computer clerks, the evaluation shall be carried out with the support of the computer science department within the Ministry of Justice and Citizen Freedoms *) or, as the case may be, of the High Court of Cassation and Justice, the The Prosecutor's Office of the High Court of Cassation and Justice or of the National Anti-Corruption Prosecutor's Office and is signed by both the president of the appellate court or the prosecutor general of the prosecutor's office of this court and the chief the IT department of the Ministry of Justice and Freedoms Citizens *), respectively of the High Court of Cassation and Justice, of the Prosecutor's Office of the High Court of Cassation and Justice or of the National Anti-Corruption Directorate. ------------ Alin. ((3) of art. 74 74 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing throughout the law the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". + Article 75 (1) The evolution of the activity of the personnel from the legal entrance and until the termination of the office shall be recorded in the professional record approved by the Superior Council of Magistracy, located at the professional files that are drawn up and kept by the court of appeal or the prosecutor's office of this court, in whose territorial constituency he operates or, as the case may be, at the High Court of Cassation and Justice, at the Prosecutor's Office of the High Court of Cassation and Justice or at the Directorate National Anti-Corruption. ------------ Alin. ((1) of art. 75 75 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing throughout the law the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". (2) The data contained in the professional file are confidential, under the conditions provided by law. (3) The specialized auxiliary staff of the courts and prosecutors ' offices besides them has access to their own professional file and can obtain copies of the existing documents in the file. + Section 3 Duties of the specialist auxiliary staff of the courts and of the prosecutor's offices + Article 76 The specialist auxiliary staff of the courts and the prosecutor's offices of these are required to perform their duties of service with professionalism, impartiality and speed, in accordance with the law, and to abstain. from any act that could harm natural or legal persons or the prestige of justice. + Article 77 (1) The function of a Registrar shall be incompatible with any other public or private functions, with the exception of teaching functions. ------------- Alin. ((1) of art. 77 77 has been amended by section 44 44 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. ((. Grefiers shall be prohibited: a) to carry out commercial activities, directly or through interposed persons; b) conduct arbitration activities in civil, commercial or other disputes; c) have the status of associate or member in the governing bodies, administration or control at civil societies, companies, including banks or other credit institutions, insurance or financial companies, national companies, national companies or autonomous kings; d) be a member of a group of economic interest. (3) By way of derogation from the rule provided in par. ((2) lit. c), clerks may be shareholders or associates as a result of the law on mass privatization. + Article 78 (1) The specialized auxiliary staff of the courts and the prosecutor's offices of the courts are obliged to keep professional secrecy, confidentiality in relation to the facts and information about which he becomes aware in the exercise the function, with regard to ongoing trials or on cases with which the prosecutor's office was notified. (2) The specialized auxiliary staff of the courts and prosecutors ' offices besides them is not allowed to comment or justify in the press or in audiovisual broadcasts the decisions or solutions given in the files about which he took knowledge in the exercise of their duties. + Article 79 The specialized auxiliary staff of the courts and prosecutors ' offices besides them are obliged to comply with the working hours and to resolve the works within the set deadlines. + Article 80 (1) The specialized auxiliary staff of the courts and prosecutors ' offices besides them is obliged to have, during court hearings, the clothing outfit corresponding to the court in which they operate. (2) The clothing outfit shall be established by Government decision and shall be ensured according to art. 72. + Article 81 The specialized auxiliary staff of the courts and prosecutors ' offices besides them is obliged to present, under the terms and conditions provided by law, the declaration of wealth and the declaration of interest. + Chapter VII The responsibility of the specialist auxiliary staff of the courts and the prosecutor's offices + Article 82 The specialized auxiliary staff of the courts and prosecutors ' offices in addition to them are civil, disciplinary, administrative and criminal, as the case may be, under the law. + Article 83 The specialist auxiliary staff of the courts and the prosecutor's offices beside them shall be liable for misconduct in service duties as well as for behaviours which harm the interests of his or her service. prestige of justice. + Article 84 It constitutes disciplinary violations: a) undue delay in carrying out the works; b) the unmotivated absences from the service, as well as the violation of the provisions of the regulations on the organization and functioning of the courts and prosecutors ' offices, regarding the working hours; c) interventions or arousing for the resolution of requests regarding the satisfaction of personal interests, members of his or other family's or other persons, as well as any interference in the activity of judges or prosecutors; d) irreverent attitudes during the performance of duties to judges and prosecutors, to colleagues, lawyers, experts, witnesses, litigants or any other person with whom they enter into relationships; e) non-compliance with the confidentiality of the works that are f) non-compliance with the legal provisions governing the way of communication to third parties of data and information regarding the activity of the courts; g) manifestations affecting dignity or professional probity; h) unjustified refusal to perform a duty incumbent on him according to the law and regulations on the organization and functioning of the courts and prosecutors ' offices in addition to these or other duties established by the heads of the courts the courts or the prosecutor's offices of the latter; i) gross negligence or repeated negligence in the resolution of works; j) violation of incompatibilities and prohibitions provided by law; k) the serious omission to perform his duties according to the law; l) non-compliance with the provisions contained in the Code of Ethics of the specialized auxiliary staff of the courts and prosecutors ' offices. + Article 85 (1) The disciplinary sanctions that may apply to the specialized auxiliary staff of the courts and prosecutors ' offices, in relation to the gravity of the deviations, are: a) the warning; b) reduction by 5-15% of the salary and/or of the driving allowance, for a duration of 1-3 months; c) demotion in the professional degree or professional stage within the same function, for a duration of 1-3 months; d) revocation from the position of occupied management; e) the disciplinary move to another court or prosecutor's office in the territorial constituency of the same court of appeal or, as the case may be, of the same parquet of the court of appeal, for a duration of 1-3 months; f) exclusion from the profession. (2) In case of non-compliance with the provisions contained in the Code of Ethics of the specialized auxiliary staff of the courts and prosecutors ' offices, the head of the court or prosecutor's office applying the sanction may order that, in addition to the disciplinary sanction applied, he will take courses of deontology of the profession organized by the National School of Grefieri. + Article 86 (1) The sanction provided in art. 85 85 para. ((1) lit. a) applies to the head of the court or prosecutor's office in which he carries out his sanctioned activity. (2) The sanctions provided for in art. 85 85 para. ((1) lit. b)-f) shall apply by the President of the High Court of Cassation and Justice, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or of the National Anti-Corruption Directorate, or, as the case may be, the President of the Court of Appeal or the prosecutor general of the prosecutor's office of the court of appeal in whose territorial constituency carries out its sanctioned activity. ------------- Alin. ((2) of art. 86 86 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". + Article 87 (1) If there are indications of a disciplinary misconduct, the heads of the courts or the prosecutor's offices of these, referred to in art. 86, will order the prior research. (2) Prior research is compulsory in all cases and is carried out by judges or prosecutors appointed by the Governing College of the High Court of Cassation and Justice, of the Prosecutor's Office of the High Court of Cassation and Justice, of The National Anti-Corruption Directorate or, as the case may be, the president of the appellate court or the prosecutor general of the prosecutor's office of the Prior research is completed by an act of finding. ------------- Alin. ((2) of art. 87 87 has been amended by section 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". ((3) Abrogat. ------------- Alin. ((3) of art. 87 87 has been repealed by section 6.6. 47 47 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (4) In the framework of the prior research, the facts and their consequences will be determined, the circumstances in which the guilt was committed, the existence or non-existence of guilt, as well as any conclusive data. (5) Reading and listening to the person concerned and verifying its defences are mandatory. (6) The refusal of the person investigated to make statements or to present himself to research is found by minutes and does not prevent the completion of the research. + Article 88 (1) During the prior research, the head of the court or prosecutor's office provided for in 86 will be able to order, in relation to the seriousness of the act, the suspension of the person concerned. ------------- Alin. ((1) of art. 88 88 has been amended by section 48 48 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (2) The investigated person may challenge this measure within 30 days from the date of communication, to the labor court and social insurance in whose territorial constituency he is domiciled. + Article 89 (1) The disciplinary sanctions shall apply within 30 days from the date of registration of the act of finding at the cabinet of the head of the court or of the competent prosecutor's office to apply the sanction, but no later than one year after the date of the commission Disciplinary misconduct. (2) The disciplinary sanctions shall be applied by decision issued in written form, within the period provided in par. ((1), and shall be communicated to the person sanctioned within 5 days from the date of issue; the decision shall take effect from the date of communication. ((3) Under the sanction of absolute nullity, the decision shall necessarily include: a) description of the act constituting disciplinary misconduct b) specifying the provisions of the normative acts in force that were violated by the sanctioned one; c) the reasons for which the defences made by the one sanctioned during the prior disciplinary investigation have been removed or the reasons for which the person was not quoted or heard; d) the legal basis under which the disciplinary sanction applies; e) the term in which the disciplinary sanction can be challenged; f) the competent court to which the disciplinary sanction can be challenged. (4) The sanctioning decision can be challenged within 30 days of communication, to the labor court and social insurance in whose territorial constituency the objector is domiciled. (5) The appeal made according to par. ((4) do not suspend execution. At the request of the objector, the tribunal may order the + Chapter VII ^ 1 Forensic specialist staff and staff occupying forensic specialist auxiliary functions within INEC -------------- Head. VII ^ 1 has been introduced by section 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Section 1 Principles of the profession of forensic expert -------------- Section 1 of Cap. VII ^ 1 was introduced by section 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 1 The forensic expert operating within INEC is independent in formulating the opinions expressed in the content of the forensic expertise report. -------------- Art. 89 ^ 1 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 2 The forensic expert has the obligation to perform his duties with impartiality, professionalism and objectivity. -------------- Art. 89 ^ 2 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 3 The forensic expert must refrain from any conduct, act or manifestation likely to alter the trust in its impartiality and independence, as well as from any act that could prejudice the prestige of justice and its independence. the institution they operate in. -------------- Art. 89 ^ 3 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 4 The forensic expert must know and respect the limits of his competence in the work of conducting forensic surveys. -------------- Art. 89 ^ 4 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Section 2 Incompatibilities and prohibitions -------------- Section 2 of Cap. VII ^ 1 was introduced by section 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 5 The position of forensic expert is incompatible with any other public or private functions, with the exception of teaching positions in higher education, training institutions in vocational training institutions, as well as the functions of research. -------------- Art. 89 ^ 5 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 6 Forensic experts are prohibited: a) participate in the conduct of forensic surveys during the period in which they hold the quality of forensic experts within the INEC; b) carry out forensic surveys outside those carried out within the INEC; c) to exercise any activities likely to damage the prestige of the institution to which they belong. -------------- Art. 89 ^ 6 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 7 The forensic expert cannot give specialist consultations, in relation to his duties, to persons who do not operate within INEC. -------------- Art. 89 ^ 7 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 8 (1) The forensic expert is obliged to give, annually, a self-declaration stating whether the spouse, relatives or affins up to the fourth degree including exercise a function or carry out a legal activity or activities of investigation or criminal investigation, as well as their workplace. (2) The declaration shall be registered and submitted to the personal professional file of each expert. -------------- Art. 89 ^ 8 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 9 (1) Forensic experts may not be operational workers, including covered, informers or collaborators of the intelligence services. (2) Forensic experts annually complete an authentic affidavit, according to the criminal law, showing that they are not operative workers, including covered, informants or collaborators of the intelligence services. (3) The Supreme Council of Defense of the Country shall verify, ex officio or the complaint of the Minister of Justice, the reality of the statements ((2). -------------- Art. 89 ^ 9 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 10 Art. 77 77 para. ((2) and (3), art. 78 78, 79 and 81 shall apply accordingly. -------------- Art. 89 ^ 10 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 11 The provisions of this section also apply to the other categories of personnel operating within the INEC. -------------- Art. 89 ^ 11 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Section 3 Recruitment and appointment of forensic specialist staff and staff occupying forensic specialist auxiliary functions -------------- Section 3 of Cap. VII ^ 1 was introduced by section 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 12 The recruitment of forensic specialist staff and staff occupying forensic specialist auxiliary functions is carried out through competition to fill vacancies, in compliance with the principles of transparency and equality, in the law. -------------- Art. 89 ^ 12 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 13 (1) The person who cumulatively meets the following conditions may apply to the contest for the occupation of forensic specialized positions: a) has Romanian citizenship and full exercise capacity; b) has long-term higher education, with a bachelor's degree in the field of specialization in which he is running c) has no criminal record, has no tax record and enjoys a good reputation; d) knows the Romanian language and is domiciled in Romania; e) has knowledge of computer operation; f) is medically and psychologically fit for the exercise of the function; g) was not an agent or collaborator of the security bodies as a political police; h) knows a foreign language of international circulation, at medium level. (2) The contest provided in par. (1) is organized by INEC, according to the regulation approved by order of the Minister of Justice -------------- Art. 89 ^ 13 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 14 (1) The person who cumulatively meets the following conditions may apply to the contest for the occupation of forensic specialized auxiliary functions: a) has Romanian citizenship, domicile in Romania and full exercise capacity; b) has no criminal record, has no tax record and enjoys a good reputation; c) knows the Romanian language and is domiciled in Romania; d) is medically fit for the exercise of the function; e) has secondary education, computer or typing knowledge. (2) The contest provided in par. (1) shall be organized by INEC, according to the regulation approved by the director of the institute, at the proposal of the Institute -------------- Art. 89 ^ 14 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Section 4 Continuing professional training and evaluation of forensic specialist staff and staff occupying forensic specialist auxiliary functions -------------- Section 4 of the Head. VII ^ 1 was introduced by section 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 15 (1) The continuous professional training of forensic specialist personnel is carried out in order to improve its professional training and to increase the quality of scientific level of forensic expertise reports. (2) Continuous vocational training must take into account the evolution of technical analysis and interpretation processes in the various scientific disciplines that compete in the investigation of forensic evidence, in accordance with the domestic and international standards in the matter. (3) The continuous professional training of forensic specialist personnel is carried out taking into account the need to specialize it on genres of forensic expertise. -------------- Art. 89 ^ 15 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 16 The responsibility for the continuous professional training of forensic specialist staff lies with the management of the institute through its Council, the heads of the inter-county laboratories, as well as each expert and assistant in part, by individual training. -------------- Art. 89 ^ 16 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 17 (1) Forensic specialist staff participate in continuous vocational training programs organized by INEC, by higher education institutions in the country and abroad, as well as in other forms of professional improvement. (2) The director of the institute approves annually the continuous professional training program of the forensic specialist staff proposed by the Institute's Council. -------------- Art. 89 ^ 17 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 18 (1) In order to verify the fulfilment of the criteria of competence and professional performance of the forensic specialist staff, its activity is subject to annual evaluation. (2) The assessment provided in par. (1) is carried out by the hierarchical supervisor and endorsed by the director of the institute. (3) By the evaluation report of the professional activity of the forensic specialist staff one of the following qualifiers can be awarded: very well, well, satisfactory or unsatisfactory. (4) Forensic experts and forensic assistants who do not agree with the qualification granted may appeal to the Institute's Council, within 30 days of the communication of the evaluation report by the institute. The judgment delivered by the Institute's Council is final. -------------- Art. 89 ^ 18 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 19 (1) Forensic experts and assistants who receive the "satisfactory" rating following two consecutive assessments are obliged to follow, for a period of between 3 and 6 months, special training courses organized by INEC. (2) The courses provided in par. (1) is concluded by taking an examination. (3) The expert who receives following two consecutive assessments the "unsatisfactory" rating and who did not pass the exam provided in par. (2) is issued from office for professional incapacity, at the proposal of the Council of the Institute, by the director. -------------- Art. 89 ^ 19 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 20 (1) The evaluation and annual qualifications obtained by the forensic specialist staff shall be kept at the professional professional file. (2) The personal professional files of the forensic specialist staff shall be drawn up and kept by INEC. (3) Provisions art. 75 75 para. ((2) and (3) shall apply accordingly. -------------- Art. 89 ^ 20 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 21 (1) The activity of the personnel occupying auxiliary specialized functions forensics is evaluated annually by the hierarchical superior, by granting the qualifications provided in art. 89 ^ 18 para. ((3). (2) Provisions art. 89 ^ 18 para. ((4) and art. 89 89 ^ 20 shall apply accordingly. -------------- Art. 89 ^ 21 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Section 5-a Promotion to professional degrees and access to leading positions of forensic specialist staff and staff occupying forensic specialist auxiliary functions -------------- Section 5 of the Head. VII ^ 1 was introduced by section 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. § § 1. Promotion to professional degrees -------------- Paragraph § 1 of Section 5 of the Cap. VII ^ 1 has been introduced by section 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 22 (1) The promotion of forensic specialist personnel and personnel occupying forensic specialist auxiliary functions in professional degrees is done only by examination. The transfer from one structure to another within the INEC does not constitute promotion. (2) The way of organizing and conducting the exam provided in par. ((1) shall be established by regulation approved by the director of the institute at the proposal of the Council -------------- Art. 89 ^ 22 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. § § Two. Access to management positions in the INEC -------------- Paragraph § 2 of Section 5 of the Cap. VII ^ 1 has been introduced by section 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 23 The Director and Deputy Director of the Institute shall be appointed and discharged by order of the Minister of Justice between the experts with maximum professional degree and with legal studies operating within the Institute. -------------- Art. 89 ^ 23 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 24 ((1) The appointment in the other management positions shall be made by the director of the institute. (2) For the appointment as head of the inter-county laboratory, as well as for the appointment as head of sector within the institute it is necessary a more than 10 years old in the profession of forensic expert and at least 3 years old within INEC. (3) The appointment of heads of newly-established intercounty laboratories can also be made by way of derogation from the seniority conditions provided in par. (2), but only if the appointment cannot be made under the conditions of par. ((2). -------------- Art. 89 ^ 24 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Section 6 Suspension from office of forensic specialist staff and staff occupying forensic specialist auxiliary functions -------------- Section 6 of the Head. VII ^ 1 was introduced by section 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 25 (1) Forensic specialized personnel and personnel occupying auxiliary specialized functions forensics shall be suspended from office in the cases referred to in art. 48 48 para. ((1). (2) The suspension from office shall be ordered by the director of the institute, with the opinion of the Institute's Council, by reasoned decision. (3) Provisions art. 48 48 para. ((3) shall apply accordingly. -------------- Art. 89 ^ 25 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 26 The decision provided in art. 89 ^ 25 para. ((2) is communicated immediately by the director of the institute of the person against whom the measure of suspension from office was ordered. -------------- Art. 89 ^ 26 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 27 Art. 49 49 para. ((2) and (3), art. 50 50 and 51 shall apply accordingly. -------------- Art. 89 ^ 27 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Section 7 Release from office of forensic specialist staff and staff occupying forensic specialist auxiliary functions -------------- Section 7 of the Head. VII ^ 1 was introduced by section 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 28 (1) Forensic specialized personnel and personnel occupying auxiliary specialized functions forensics shall be released from the function of execution or management in the cases provided in art. 52. (2) The release from office shall be ordered by decision of the director of the institute. (3) The provisions of art. 54 are also applicable for the categories of personnel referred to in par. ((1). -------------- Art. 89 ^ 28 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Section 8 Delegation, secondment and transfer of forensic specialist personnel and personnel occupying forensic specialist auxiliary functions -------------- Section 8 of the Head. VII ^ 1 was introduced by section 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 29 (1) If the institute or an inter-county laboratory subordinated to it cannot function normally due to the too high volume of works, temporary lack of personnel, the existence of vacancies or other such causes objectives, the director of the institute can delegate, by reasoned decision, forensic specialist personnel or personnel occupying auxiliary forensic functions within INEC. (2) Provisions art. 55 55 para. ((2) shall apply accordingly. -------------- Art. 89 ^ 29 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 30 Forensic specialist staff and staff occupying auxiliary forensic specialist positions can be seconded or transferred by reasoned decision of the director of the institute under the conditions provided in art. 56 56 and 58, which shall apply accordingly. -------------- Art. 89 ^ 30 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 31 Art. 57 are also applicable in the case of delegation or posting of forensic specialist personnel or staff occupying auxiliary forensic specialist functions. -------------- Art. 89 ^ 31 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Section 9 Rights and duties of forensic specialist staff and staff occupying forensic specialist auxiliary functions -------------- Section 9 of the Head. VII ^ 1 was introduced by section 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 32 The establishment of the rights and duties of the forensic specialist staff and of the personnel occupying the forensic specialist auxiliary functions shall be made taking into account the place and their role in carrying out the work of justice, the liability and complexity of the performance of the position held, the prohibitions and incompatibilities provided by law for these categories of personnel and aims to guarantee their independence and impartiality. -------------- Art. 89 ^ 32 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 33 For the work carried out, forensic specialist staff and staff occupying forensic specialist ancillary functions within INEC are entitled to a remuneration set out in relation to the position held, seniority and other. criteria provided by law. -------------- Art. 89 ^ 33 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 34 (1) Forensic specialized personnel and personnel who occupy auxiliary specialized functions can participate in the elaboration of publications or specialized studies, of literary or scientific works. (2) The staff provided in par. (1) may be appointed as a member of examination, accreditation or commission committees for the elaboration of draft normative acts, as well as internal or international documents. (3) The staff provided in par. ((1) may be a member of scientific or academic societies, as well as associations or foundations which have scientific or professional purpose. -------------- Art. 89 ^ 34 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 35 (1) Forensic specialist staff and staff occupying auxiliary forensic specialist functions have the right and duty to continuously improve their professional training. (2) During the period during which the staff provided in par. (1) following forms of professional development, shall benefit from the due salary rights, if they are: a) organised at the initiative or in the interest of INEC b) followed at its initiative, with the consent of the Institute's Director c) organized by the Ministry of Justice or other specialized institutions in the country or abroad. ((3) If training and professional improvement, in the forms provided in par. (2), shall be organized outside the locality in which the laboratory is based, the forensic specialist staff and the staff occupying auxiliary specialist functions shall benefit from the delegation rights, under the conditions this law. (4) In order to cover the expenses of the training and professional improvement programs of the forensic specialist staff and the personnel occupying auxiliary specialized functions, organized under the conditions of par. ((2) lit. a) and c), INEC and the Ministry of Justice are required to provide in their own budget the necessary funds. -------------- Art. 89 ^ 35 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 36 (1) INEC has the obligation to provide forensic specialist personnel and personnel who occupy auxiliary specialized functions forensic conditions of normal work and hygiene, such as to ensure their health and physical integrity and psychic. (2) The forensic specialist staff and the staff occupying the forensic specialist auxiliary functions are entitled to the free provision of protective equipment adapted to the specificity of the activity carried out within the INEC. -------------- Art. 89 ^ 36 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Section 10 The responsibility of the forensic specialist staff and the staff occupying the forensic specialist auxiliary functions -------------- Section 10 of Cap. VII ^ 1 was introduced by section 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 37 Forensic specialist staff and staff occupying auxiliary forensic specialist functions respond to disciplinary, civil, administrative and criminal law, under the law. -------------- Art. 89 ^ 37 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 38 Forensic specialist staff and staff occupying forensic specialist ancillary functions respond disciplinarily to deviations from duty of service, as well as to the facts affecting the prestige of justice. -------------- Art. 89 ^ 38 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 39 It constitutes disciplinary violations: a) refusal to execute on time the tasks entrusted lawfully by the hierarchical superior, as well as their non-execution by negligence, under the conditions required and according to the indications received; b) leaving the job and the lack of service without the approval of the one in law to grant invocations; c) violation of the norms of protection, hygiene and safety of work, as well as of the rules for the prevention and extinction of fires; d) violation of the norms of civic behavior and ethics or the use of inappropriate language in labor relations. -------------- Art. 89 ^ 39 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 40 (1) It constitutes serious disciplinary misconduct any of the following facts: a) unmotivated absence from work for 3 consecutive days; b) departure on holiday or unpaid leave before it is approved by the employer; c) repeated refusal to execute on time the tasks entrusted lawfully by the hierarchical superior, as well as their non-execution by negligence, under the conditions required and according to the indications received; d) the assumption of obligations or responsibilities towards persons, bodies or organizations, domestic or international, on behalf of INEC or in its own name, on the basis of the quality of employee, without the prior consent or empowerment of the employer. (2) The employee's commission of any of the serious disciplinary deviations provided in par. (1) shall be sanctioned with the disciplinary dissolution of the individual employment contract, independent of the existence of disciplinary history of the latter. -------------- Art. 89 ^ 40 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 41 For disciplinary deviations committed by forensic specialist personnel or personnel occupying auxiliary specialized functions, in relation to their gravity, the disciplinary sanctions provided for in art. 85 85 para. ((1) lit. a)-d) and f). -------------- Art. 89 ^ 41 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 42 (1) No penalty, except for the one provided in art. 85 85 para. ((1) lit. a), cannot be applied before a prior disciplinary research is carried out. (2) Prior research is carried out by the discipline committee, appointed by the INEC Director. (3) In order to conduct prior disciplinary research, the employee will be convened in writing by the discipline commission that carries out the research, stating the object, date, time and place of the meeting. -------------- Art. 89 ^ 42 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 43 The discipline commission has the following main tasks: a) investigate the disciplinary deviations for which it was noticed; b) determine the persons to be heard; c) hear the employee whose deed is the object of the complaint, the person who made the complaint, as well as any other persons whose statements may facilitate the resolution of the case; d) may request written statements to the persons referred to in point c); e) may request any documents that are likely to facilitate the settlement of the case; f) proposes to apply one of the disciplinary sanctions, in relation to the seriousness of the disciplinary misconduct committed; g) compiles reports on the cases for which it has been notified, which it shall submit to the director of the institute. -------------- Art. 89 ^ 43 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 89 ^ 44 (1) Prior disciplinary research shall be carried out within 30 days from the date of becoming aware of the disciplinary misconduct, but no later than one year after the date of the act. The disciplinary sanction is ordered by the director of the institute, by decision, issued no later than 10 days after the completion of the disciplinary research. (2) The decision shall be communicated to the person sanctioned within 5 days from the date of issue and shall take effect from the date of communication. (3) The provisions of art. 89 89 para. ((3)-(5) shall apply accordingly. -------------- Art. 89 ^ 44 was introduced by item 7 7 of art. V of LAW no. 156 156 of 5 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Chapter VIII Transitional and final provisions + Article 90 The provisions of this law also apply to specialized auxiliary personnel from military courts and prosecutors, as well as from the Military Section of the Prosecutor's Office of the High Court of Cassation and Justice and the Section for Combating Crimes of corruption committed by the military of the National Anti-Corruption Directorate. ------------- Article 90 has been amended by section 6.6. 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". + Article 90 ^ 1 The provisions of this law shall also apply accordingly to the related staff of the courts and prosecutors ' offices, except for the provisions of art. 68, 68 ^ 2, 68 ^ 3 and 68 ^ 4. ------------ Art. 90 ^ 1 was introduced by item 4 4 of art. III of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. + Article 90 ^ 2 (1) Civil servants and contract staff of the courts, prosecutor's offices of the Ministry of Justice and Citizens ' Freedoms *), National Institute of Forensic Expertise, National Institute of The magistracy and the National School of Grefieri are salarized according to the legal provisions applicable to the same personnel in the apparatus of the Superior Council of Magistracy. (2) The authorising officers may grant monthly prizes within the limit of 10% of the expenditure on salaries related to the public functions and contractual personnel provided in the state of functions, with the funds approved annually by budget with this destination. Prizes can be awarded during the year to civil servants and contract staff who have carried out or who have participated directly in obtaining results in activity, appreciated as valuable. Unconsumed amounts may be used in the coming months within the same budget year. ------------ Art. 90 ^ 2 was introduced by item 15 15 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 of 15 April 2008, which supplements art. III of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007, with point 4 4 ^ 1. + Article 91 (1) The specialized auxiliary staff of the courts and of the prosecutor's offices, which are in office on the date of entry into force of this Law, shall be deemed to meet the legal conditions for filling the functions in which is called. (2) The typist clerks whose posts have been transformed into posts of clerks are to be salarized accordingly to the special pay law. Forensic technicians in the prosecutor's offices are assimilated to clerks. ------------- Alin. ((2) of art. 91 91 has been amended by section 49 49 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. (3) Upon the entry into force of this law, registrars and computer scientists in office will be assigned as registrar clerks, respectively computer clerks, by the corresponding transformation of posts, to be properly salarized Special payroll law. ------------- Alin. ((3) of art. 91 91 has been introduced by section 50 50 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 92 The provisions laid down by this law for the presidents of the courts of appeal and the prosecutors general of the prosecutor's offices of these courts, in connection with the appointment, promotion, suspension, sanctioning and release from office, as well as with other matters concerning the service relations of the specialist auxiliary staff shall be exercised by the President of the High Court of Cassation and Justice, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice and the Prosecutor general of the National Anti-Corruption Directorate, for specialized auxiliary staff in these institutions. ------------- Article 92 has been amended by section 4.2. 3 3 of art. III of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 of December 8, 2008, by replacing the phrase "National Anti-Corruption Department" with the phrase "National Anti-Corruption Directorate". + Article 93 (1) The period in which the auxiliary staff of the courts and prosecutors ' offices in addition to them has fulfilled any of the functions provided for in art. 3, as well as the periods in which he fulfilled, within the courts, the prosecutor's offices of these, the prosecutor's office, the former state or departmental arbitrations and the former state notarized, the position of: impiegat, secretary, secretary help, typist secretary, typist, bailiff, land registry leader, archivist, registrar, archivist-registrar, courier, reviewer, stenodactylographer, chief of staff, clerk, statistician, clerk dactylographer, Registrar analyst Programmer, computer scientist. ------------ Alin. ((1) of art. 93 93 has been amended by section 5 5 of art. III of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (2) It constitutes seniority in the specialty and the period during which the specialized auxiliary staff of the courts and prosecutor's offices besides them served as bailiff, until the date of entry into force of the Law no. 188/2000 , with subsequent amendments and completions. (3) The period during which the specialized auxiliary staff of the courts and prosecutors ' offices besides them exercised functions of the same nature within the Constitutional Court or within the former jurisdictional structures of the Court of Accounts constitutes seniority in specialty. (4) For computer clerks, they are specialized seniority and periods worked in the same field, in other units. ------------ Alin. ((4) of art. 93 93 has been amended by section 5 5 of art. III of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. ------------ Article 93 has been amended by section 6.6. 51 51 of art. I of LAW no. 17 17 of 11 January 2006 , published in MONITORUL OFFICIAL no. 48 48 of 19 January 2006. + Article 94 (1) Within 90 days from the entry into force of this law, the Superior Council of Magistracy approves the Code of Ethics of the specialized auxiliary staff of the courts and prosecutors ' offices. (2) Within the period provided in par. (1), the Superior Council of Magistracy approves the regulations provided in art. 7 7, art. 8 8 para. ((3), art. 9 9 para. ((2), art. 17 17, art. 38 38 para. ((3), art. 44 44 para. ((3), art. 65 65 para. ((3) and art. 71 71 para. ((2). + Article 95 (1) Litigies in connection with the application of the provisions of this law shall be settled by labor courts and social insurance. (2) Until the establishment of labor and social insurance tribunals, the disputes provided in par. ((1) shall be settled by the specialised departments or panels for the settlement of labour disputes. + Article 96 This Law shall enter into force on 1 January 2005, with the exception of the provisions on vocational training, which shall enter into force on 16 July 2005. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, December 9, 2004. No. 567. ------