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Law No. 247 Of 19 July 2005 On The Reform In The Areas Of Property And Justice, As Well As Some Accompanying Measures

Original Language Title:  LEGE nr. 247 din 19 iulie 2005 privind reforma în domeniile proprietăţii şi justiţiei, precum şi unele măsuri adiacente

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LEGE no. 247 247 of 19 July 2005 (* updated *) on reform in the areas of property and justice as well as some accompanying measures ((updated until 27 May 2016 *)
ISSUER PARLIAMENT




---------- SUMARY Law no. 247/2005 on the reform of property and justice, as well as some adjacent measures ((Pag. of M.O.) ---------- TITLE I Amendment and completion Law no. 10/2001 on the legal regime of immovable property from 6 March 1945 to 22 December 1989, republished *) ........................................ 3-21 TITLE II Amendment and completion of the Emergency Ordinance Government No. 94/2000 on the return of certain goods buildings that belonged to religious cults in Romania, with subsequent amendments and completions, approved with amendments and additions by the Law No. 501/2002 ** **) ...................................... 22-30 TITLE III Amendment and completion of the Emergency Ordinance Government No. 83/1999 on refund of certain immovable property belonging to the communities citizens belonging to national minorities in Romania, approved with amendments and additions by Law no. 66/2004 *** ***) ................................ 31-33 TITLE IV Amendment and completion Law no. 18/1991 ,, with Subsequent amendments and completions ........... 34-37 TITLE V Amendment and completion Law no. 169/1997 for amending and supplementing the Land Fund Law No. 18/1991 ...................................... ...................................... 38-39 TITLE VI Modification and completion Law no. 1/2000 for reconstitution of ownership of agricultural and forestry land, requested according to the Land Fund Law No. 18/1991 and ale Law no. 169/1997 ............. ............. 40-53 TITLE VII Regime of establishment and payment of related compensation buildings improperly taken over ............... 54-71 TITLE VIII Amendment and completion Law no. 571/2003 on Fiscal code .................................. 72-75 TITLE IX Amendment to the Criminal Code ..................... 76 TITLE X Legal movement of land ............. 77-78 TITLE XI Renta viagera agricola ........................ 79-81 TITLE XII Amendment and completion Law no. 7/1996 cadastre and real estate advertising, with further amendments and completions ........ 82-103 TITLE XIII Acceleration of judgments on restitution land properties ....................... 104-105 TITLE XIV Transitional provisions ........................ 106 TITLE XV Amendment and completion Law no. 317/2004 on the Superior Council of Magistracy * ***) .... 107-128 TITLE XVI Amendment and completion Law no. 304/2004 on judicial organisation *****) .................. 129-154 TITLE XVII Amendment and completion Law no. 303/2004 on the Statute of magistrates * *****) ................. 155-195 The Romanian Parliament adopts this law + Title I*) Modification and completion Law no. 10/2001 on the legal regime of immovable property improperly taken over from 6 March 1945 to 22 December 1989 + Article I Law no. 10/2001 on the legal regime of some buildings improperly taken over between March 6, 1945 and December 22, 1989, republished in the Official Gazette of Romania, Part I, no. 279 of 4 April 2005, shall be amended and supplemented as follows: 1. In Article 1, paragraphs 1 and 2 shall read as follows: "" Art. 1. --(1) Imobiles improperly taken over by the state, cooperative organizations or any other legal persons from March 6, 1945 to December 22, 1989, as well as those taken by the state on the basis of Law no. 139/1940 on requisitions and unreturned, shall be returned, in kind, under the conditions of this law. (. In cases where the refund in kind is not possible, remedies shall be established by equivalent. The remedies by equivalent will consist in clearing with other goods or services offered in equivalent by the entity invested according to this law with the settlement of the notification, with the consent of the entitled person, or compensation granted under the conditions of the special provisions on the regime of establishment and payment of compensation related to immovable property. " 2. In Article 1, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "" (2 ^ 1) Repair measures by equivalent consisting in compensation with other goods or services, shall be granted by decision or, as the case may be, the reasoned disposition of the entity invested according to this law with the resolution of the notification. The remedies in the equivalent consisting in compensation granted under the special law on the regime of establishment and payment of compensation related to the buildings improperly taken up, are proposed to be granted by decision or, as the case may be, the reasoned disposition of the investee under this law with the resolution of the notification 3. In Article 2 (1), point a) shall be amended and shall read as follows: "" a) the buildings nationalised by Decree no. 92/1950 for the nationalization of some buildings, with subsequent amendments and completions, by Law no. 119/1948 for the nationalization of industrial, banking, insurance, mining and transport enterprises, as well as other normative acts of nationalization; " 4. in Article 2 (1), points c) and d) shall be amended and shall read as follows: " c) buildings donated to the state or other legal persons on the basis Decree no. 410/1948 on the donation of some graphic arts enterprises, Decree no. 479/1954 regarding the donations made to the state, unconcluded in authentic form, as well as the buildings donated to the state or other legal entities, concluded in the authentic form provided by art. 813 of the Civil Code, in the latter case if the action was admitted for annulment or in finding the nullity of the donation by a final and irrevocable court decision; d) the buildings taken by the state for non-payment of taxes as a result of abusive measures imposed by the state, whereby the rights of the owner could not be exercised; " 5. In Article 2 (1), after letter d) a new letter, letter d ^ 1) is inserted, with the following contents: "" d ^ 1) the buildings deemed to have been abandoned, on the basis of an administrative provision or a judicial decision rendered pursuant to Decree no. 111/1951 on the regulation of the situation of goods of any kind subject to confiscation, confiscated, without heirs or without a master, as well as goods that no longer use the budgetary institutions, between March 6, 1945 and December 22, 1989; " 6. In Article 4, paragraph 1 shall be amended and shall read as follows: "" Art. 4. -(1) If the refund is requested by several persons entitled to co-ownership of the requested immovable property, the ownership shall be found or established in the quotas-ideal parties, according to the common law. " 7. In Article 4, paragraph 2 shall be amended and shall read as follows: "(2) The provisions of this law also benefit the legal or testamentary heirs of entitled individuals." 8. in Article 4, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) By the shares of legal or testamentary heirs who did not follow the procedure provided for in Cap. III, take advantage of the other heirs of the entitled person who submitted in the term application for restitution. " 9. Article 5 is amended and shall read as follows: "" Art. 5. -Not entitled to restitution in kind or to remedies in equivalent persons who received, compensation according to international agreements concluded by Romania on the regulation of financial problems in suspension, listed in Annex No 1 1 which forms an integral part of this law. " 10. In Article 6, paragraph 1 shall be amended and shall read as follows: "" Art. 6. -(1) By immovable property, for the purposes of this law, land, with or without construction, shall be understood, with any of the destinations held on the date of improperly taking over, as well as movable property become immovable by incorporation in these constructions. " 11. In Article 6, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) In the situation referred to in par. ((2), the refund in kind will be ordered by the decision or disposition of the holding unit. (4) If the requested machinery and installations are highlighted in the patrimony of privatized commercial companies, other than those provided for in art. 20 20 para. (1) and (2), after determining their value, by the decision of the entity involved in privatization will be proposed the granting of compensation under the special law on the regime of establishment and payment of compensation related to the buildings taken over improperly. " 12. In Article 7, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) If certain buildings-free land located in the intravilan are requested by two persons entitled from those provided in art. 3 3 para. ((1) lit. a), one of which is the former owner, who was taken over the land by the abusive measures applied during the period after March 6, 1945, and the second, the person who was assigned land from the one taken from the former owner, and subsequently this land was taken over by the abusive measures shown in art. 2 2 para. (1), the land of the first owner will be restored in nature, and those who have been impropriety with such land will benefit from the other remedies in equivalent, under the law. (4) In the cases provided in par. (3) if the refund in kind is not possible under this law, both persons entitled shall benefit from remedies in equivalent. " 13. Article 8 is amended and shall read as follows: "" Art. 8. -(1) It is not covered by this law the lands located in the extravilan of the localities at the time of the abusive takeover or on the date of notification, as well as those whose legal regime is regulated by Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, and by Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , with subsequent amendments and completions. (2) The legal regime of buildings belonging to religious cults taken over by the state is regulated by Government Emergency Ordinance no. 94/2000 on the restitution of immovable property belonging to religious cults in Romania, approved with additions by Law no. 501/2002 ,, as amended. " 14. in Article 8, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) The legal regime of buildings that belonged to the communities of national minorities taken over by the state, is regulated by Government Emergency Ordinance no. 83/1999 on the return of immovable property belonging to the communities of citizens belonging to national minorities in Romania, approved with amendments and completions by Law no. 66/2004 . (4) The legal regime of buildings that belonged to the union heritage taken over by the state or other legal entities, will be regulated by special normative acts. " 15. Article 9 (2) shall be repealed. 16. In Article 10, paragraph 1 shall be amended and shall read as follows: "" Art. 10. -(1) In the situation of buildings improperly taken over and whose constructions built on them have been totally or partially demolished, the restitution in kind is available for the free land and for the constructions left undemolished, and for the buildings demolished and the land occupied by the repairers shall be established by equivalent. ' 17. In Article 10, paragraph 2 shall be amended and shall read as follows: " (2) If on the land on which construction was improperly taken up new constructions were built, authorized, the entitled person will obtain the restitution in kind of the land part remaining free, and for the area occupied by new constructions, the one affected by legal services and other public utility facilities of urban and rural localities, the remedies are established in the equivalent. " 18. In Article 10, after paragraph 3, two new paragraphs are inserted, paragraphs 3 ^ 1 and 3 ^ 2, with the following contents: " (3 ^ 1) It is returned in kind including land without construction affected by approved public interest investment works, if their construction has not started, or the approved works have been abandoned. (3 ^ 2) It is returned in the nature and land on which, after abusive takeover, authorized constructions were built that are no longer necessary for the holding unit, if the person entitled to pay it compensation representing the market value of that construction, established in accordance with international assessment standards. '; 19. In Article 10, paragraph 4 shall be amended and shall read as follows: " (4) In the case of buildings improperly taken over and whose constructions built on them were destroyed as a result of natural calamities, the entitled person benefits from the restitution in kind for the free land. If the land is not free, the remedies for it shall be determined in the equivalent. " 20. Article 10 (5) shall be amended and shall read as follows: "" (5) Provisions of para. (4) shall also apply accordingly to the buildings requisitioned on the basis of Law no. 139/1940 and whose buildings built on them were destroyed during the war, if the owners did not receive compensation. " 21. In Article 10, paragraph 6 shall be amended and shall read as follows: " (6) The proper value of the constructions improperly taken up and demolished shall be determined according to the market value from the date of settlement of the notification, established according to the international valuation standards according to the volume of information made available to the assessor. ' 22. In Article 10, paragraph 7 shall be amended and shall read as follows: " (7) The value of land, as well as undemolished constructions improperly taken over, which cannot be restored in kind, shall be determined according to the market value of the date of the notification settlement, established according to international standards of evaluation. " 23. In Article 10, paragraph 8 shall be amended and shall read as follows: " (8) In the situations provided in par. (1), (2) and (4), the remedies by equivalent will consist in compensation with other goods or services offered in equivalent by the entity invested according to this law with the resolution of the notification, with the consent of the entitled person or compensation granted under the special law on the regime of establishment and payment of compensation related to buildings improperly taken over. " 24. Article 10 (9) shall be repealed. 25. In Article 11, paragraph 1 shall be amended and shall read as follows: "" Art. 11. -(1) The expropriated Imobiles and whose constructions built on them have not been demolished will be restored in the nature of the entitled persons, if they have not been alienated, in compliance with the legal provisions. If the person entitled has received a compensation, the refund in kind is conditional on the reimbursement of an amount representing the amount of the compensation received, updated with the update coefficient established according to the legislation in force. " 26. In Article 11, paragraph 2 shall be amended and shall read as follows: " (2) If the expropriated constructions were partially or totally demolished, but the works for which the expropriation was ordered were not executed, the free land is returned in kind with the remaining constructions, and for the demolished constructions. the remedies shall be determined in the equivalent. If the entitled person has received a compensation, the refund in kind is conditional on the reimbursement of the difference between the amount of compensation received and the value of the constructions demolished as calculated in the documentation establishing the compensation, updated with the update coefficient established according to the legislation in force. " 27. In Article 11, paragraph 3 shall be amended and shall read as follows: " (3) If the expropriated constructions were fully demolished and the works for which the expropriation was ordered occupy the land partially, the entitled person can obtain the restitution in kind of the land part left free, for the occupied one of new, authorized constructions, the one affected by legal services and other public utility facilities of urban and rural localities, the repair measures being established in the equivalent. Art. 10 10 para. ((3), (3 ^ 1), (3 ^ 2) and (4) will apply accordingly. " 28. Article 11 (5) shall be amended and shall read as follows: " (5) The value of the expropriated and demolished constructions shall be determined according to the market value from the date of settlement of the notification, established according to the international valuation standards according to the volume of information made available assessor. ' 29. Article 11 (6) shall be amended and shall read as follows: "(6) The value of the expropriated constructions, which cannot be restored in kind and the land related to them, shall be determined according to the market value from the date of settlement of the notification, established according to the international assessment standards." 30. In Article 11, paragraph 8 shall be amended and shall read as follows: " (8) In the situations provided in par. (2), (3) and (4), the remedies by equivalent will consist in clearing with other goods or services offered in equivalent by the entity invested according to this law with the resolution of the notification, with the consent of the entitled person or compensation granted under the special law on the regime of establishment and payment of compensation related to buildings improperly taken over. " 31. Article 11 (9) shall be repealed. 32. In Article 12, paragraph 1 shall be amended and shall read as follows: "" Art. 12. -(1) In the case of buildings owned by the state, by a cooperative organization, or by any other legal person among those provided in art. 20 20 para. ((1), (2) and (3), if the person entitled has received an indemnity, the refund in kind shall be subject to the reimbursement of an amount representing the amount of the compensation received, updated with the established update coefficient. " 33. Article 12 (2) to (4) shall be repealed. 34. In Article 13, paragraph 2 shall be amended and shall read as follows: " (2) The tenancy contracts for the buildings returned in kind having the destinations shown in Annex no. 2 lit. b) section 2 which is an integral part of this law, shall be extended by right for a period of 3 years with the renegotiation of the other clauses of the contract, and the tenancy contracts for the buildings returned in kind having the destinations shown in the Annex No. 2 lit. b) section 1, shall be extended by law for a period of 1 year with the renegotiation of the other clauses of the contract. " 35. In Article 14, paragraph 1 shall be amended and shall read as follows: "" Art. 14. -(1) If the property returned by the administrative procedures provided for by this law or by judicial decision is the subject of a lease, concession, management or joint venture location, the new owner will be subroga in the rights of the state or the holding legal person, with the renegotiation of the other clauses of the contract, if these contracts were concluded according to the law. " 36. Article 14 (2) shall be repealed. 37. In Article 16, paragraphs 1 to 4 shall be amended and shall read as follows: "" Art. 16. -(1) In the situation of buildings having the destinations shown in Annex no. 2 lit. a) which is an integral part of the present law, necessary and affected exclusively and directly to the activities of public interest, education, health, or social-cultural, former owners or, as the case may be, their heirs, are returned the property in the property with the obligation to maintain its affect for a period of up to 3 years, for those shown in section 3 3, 4, of Annex no. 2 lit. a) or, as the case may be, up to 5 years from the date of issue of the decision or provision, for those shown in section 1 1 and 2 of Annex no. 2 lit. a). (2) During this period the payment of maintenance expenses related to the respective property lies with the holders. (3) The owners shall take possession of the immovable property returned no later than 5 years after the acquisition of the property right. (4) If the owner provides another appropriate building, which complies with the legal norms and requirements of the conduct of the activity provided in par. ((1), the user shall be obliged, within 90 days, to proceed with his release. " 38. Article 16 (5) shall be repealed. 39. In Article 17, paragraph 1 shall be amended and shall read as follows: "" Art. 17. -(1) The residents of the buildings having the destinations shown in Annex no. 2 lit. a) and lit. b) section 1, which forms an integral part of this law, have the right to purchase them. " 40. Article 18 (c) shall be repealed. 41. In Article 18, point d) is amended and shall read as follows: "d) the property was disposed of in compliance with the legal provisions." 42. After Article 18, a new article is inserted, Article 18 ^ 1, with the following contents: "" Art. 18 18 ^ 1. -(1) In the case of buildings-constructions which are subject to the notifications made according to the procedures laid down in the head. III and to which they have been added, horizontally and/or vertically, in relation to the original form, new bodies whose unfolded area amounts to more than 100% of the area initially carried out and if the parties do not agree otherwise, the former owners shall be granted or, as the case may be, propose remedies by equivalent. The remedies by equivalent will consist in clearing with other goods or services offered in equivalent by the entity invested according to this law with the settlement of the notification, with the consent of the entitled person, or compensation granted under the special law on the regime of establishment and payment of compensation related to buildings improperly taken over. (2) In the case of buildings-constructions covered by the notifications made in accordance with the procedures laid down in the head. III and to which they were added, horizontally and/or vertically, in relation to the original form, additional bodies of themselves-staters, former owners or, as the case may be, their heirs, are returned, in kind, the area held in property on the date of passage into state property (3) The owner of the area added to the property taken has as a preemption to the purchase of the area returned to the former owner or, as the case may be, to his heir, 17 being applicable in these situations regardless of the quality of the holder. (4) The new owner of the area returned to the property according to par. (2) has a preemption right to the purchase of the area added to the property after its passage into state property, the provisions of art. 17 17 para. ((2) and (3) being duly applicable. " 43. In Article 19, paragraph 2 shall be amended and shall read as follows: "" (2) If the property was sold in compliance with the provisions Law no. 112/1995 for the regulation of the legal situation of residential buildings, passed into state property, as amended, the entitled person has the right to remedies by equivalent for the market value corresponding to the entire building, land and construction, established according to the international assessment standards. If the entitled persons received compensation according to the provisions Law no. 112/1995 , they are entitled to the difference between the amount collected, updated with the inflation index, and the corresponding value of the property. " 44. In Article 19, paragraph 3 shall be amended and shall read as follows: " (3) In the cases provided in par. (2) the remedies by equivalent consist in compensation with other goods or services offered in equivalent by the entity invested according to the present law with the settlement of the notification, with the consent of the entitled person, or compensation granted under the special law on the regime of establishment and payment of compensation related to buildings improperly taken over. " 45. In Article 19, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: " (4 ^ 1) In the situation of the buildings provided in par. (2), the remedies in equivalent shall be granted or, as the case may be, shall be proposed by reasoned disposition of the mayor, respectively of the general mayor of Bucharest. " 46. In Article 20, paragraph 1 shall be amended and shall read as follows: "" Art. 20. --(1) Imobiles-land and construction-improperly taken over, regardless of destination, which are held on the date of entry into force of this law by an autonomous direction, a company or national company, a trading company to which the State or an authority of the central or local public administration is a shareholder or majority associate, a cooperative organization or any other legal person governed by public law, shall be returned to the person entitled, in kind, by decision or, where appropriate, by reasoned provision of the governing bodies of the holding unit. '; 47. in Article 20, after paragraph (2), a new paragraph (2 ^ 1) is inserted with the following contents; " (2 ^ 1) After issuing the decision of restitution in kind of buildings, the governing bodies of the companies provided in par. (1) and (2), will proceed, according to the provisions Law no. 31/1990 on companies, republished, to reduce the share capital with the value of the immovable property returned and to recalculate the patrimony. The share of the state or the authority of the public administration or, as the case may be, of the cooperative organization shall be reduced accordingly by the value of the immovable property returned. " 48. In Article 20, paragraph 3 shall be amended and shall read as follows: " (3) In the case of buildings owned by administrative-territorial units the restitution in kind or by equivalent to the entitled person shall be made by reasoned provision of mayors, respectively of the general mayor of Bucharest or, where appropriate, of the President of the County Council 49. Article 20 (4) shall be repealed. 50. In Article 20, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: " (4 ^ 1) Under the sanction of absolute nullity, until the settlement of administrative procedures and, as the case may be, judicial, generated by this law, it is forbidden to dispose, concession, the management location, the joint venture, the mortgage, the location, as well as any rental or sublease for the benefit of a new tenant, the change of destination, the encumbrance in any form of immovable property-land and/or constructions notified according to the provisions of this law. " 51. Article 22 is amended and shall read as follows: "" Art. 22. -The supporting documents of the right of property or, where applicable, the quality of the associate or shareholder of the legal person, as well as, in the case of heirs, those attesting to this quality and, where applicable, the documents describing the construction demolished and any other documents necessary for the assessment of restitution claims arising from this law, may be submitted until the date of resolution of the notification. " 52. After Article 22, a new article is inserted, Article 22 ^ 1, with the following contents: "" Art. 22 22 ^ 1. -(1) In the absence of evidence to the contrary, the existence and, as the case may be, the extent of the ownership, shall be presumed to be the one recognized in the normative act or by the authority ordering the measure of abusive takeover or the measure of takeover has been executed. abusive. (2) In application of the provisions (1) and in the absence of evidence to the contrary, the person individualized in the normative act or by the authority by which he was ordered or, as the case may be, has been executed the measure of abusive takeover is presumed to hold the property under the name of the owner. " 53. In Article 23, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: "" (4 ^ 1) The owners to whom, through the administrative procedures provided for by this law, have been returned to the nature of the requested buildings will conclude with their current holders a pre-takeover protocol, compulsorily, within 30 days from the date of final stay of the decision/provision of restitution, a period after which, if the protocol has not been signed, a minutes of unilateral finding of the takeover of the property will be concluded in the presence of the bailiff. " 54. Article 23 (6) shall be amended and shall read as follows: " (6) Provisions of para. (1)-(5) are also applicable to the provisions issued by mayors or, as the case may be, by the presidents of the county councils 20 20 para. ((3). ' 55. In Article 24, paragraph 1 shall be amended and shall read as follows: "" Art. 24. -(1) If the refund in kind is not possible, the holder of the property or, as the case may be, the entity invested according to this law with the settlement of the notification, shall be obliged, by decision or, as the case may be, by reasoned provision, within the to art. 23 23 para. (1) to grant to the person entitled in compensation other goods or services or to propose the granting of compensation under the special law on the regime of establishment and payment of compensation related to the buildings improperly taken over, in situations where the measure of compensation is not possible or is not accepted by the entitled person. " 56. In Article 24, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) Provisions para. (1) are also applicable in the case of buildings disposed of by the legal entities provided in art. 20 20 para. ((1), (2) and (3). ' 57. Article 24 (2) and (3) shall be repealed. 58. In Article 24, after paragraph 3, two new paragraphs are inserted, paragraphs 3 ^ 1 and 3 ^ 2, with the following contents: " (3 ^ 1) The decision or, as the case may be, the reasoned provision for the rejection of the notification or the application for restitution in kind, may be appealed by the person who claims entitled to the civil section of the tribunal in whose constituency the seat is located the holding or, as the case may be, of the entity invested with the settlement of the notification, within 30 days of the communication. (3 ^ 2) If the reasoned provision for the settlement of the application for restitution in kind is appealed by the entitled person, depending on the evidence on file, the entity that issued the provision will adopt a standing position relative to These. Also, the entity that issued the provision, will decide, motivated, on a case-by-case basis, whether it will exercise the remedies provided by law, in the case of solutions given by the courts. " 59. Article 24 (6), (7) and (8) shall be repealed. 60. Article 27 (1) shall be amended and shall read as follows: "" Art. 27. -(1) For buildings highlighted in the patrimony of privatized companies, other than those provided in art. 20 20 para. (1) and (2), the entitled persons are entitled to compensation under the special law on the regime of establishment and payment of compensation related to the buildings improperly taken over, corresponding to the market value of the buildings requested. " 61. In Article 27, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) Provisions para. ((1) are also applicable if the buildings have been disposed of. " 62. In Article 27, paragraph 2 shall be amended and shall read as follows: " (2) In the situation of the buildings provided in par. (1) and (1 ^ 1), the remedies in equivalent shall be proposed by the public institution that performs or, as the case may be, carried out the privatization, the provisions of art. 24 24 para. ((1) being properly applicable. " 63. In Article 27 (3), the second sentence is amended and shall read as follows: " In this case, the remedies in the equivalent will consist in compensation with other goods or services offered in equivalent by the entity invested according to this law with the settlement of the notification, with the consent of the entitled person or compensation granted under the special law on the regime of establishment and payment of compensation related to buildings improperly taken over. " 64. Article 27 (4) shall be repealed. 65. Article 28 shall be repealed. 66. Article 29 shall be repealed. 67. In Article 32, paragraph 1 shall be amended and shall read as follows: "" Art. 32. -(1) Persons shown in art. 3 3 para. ((1) lit. b) are entitled to compensation under the special law on the regime of establishment and payment of compensation related to buildings improperly taken over. " 68. In Article 32, paragraph 3 shall be amended and shall read as follows: " (3) The repair measures by equivalent provided in par. (1) will be proposed, after determining the recalculated value of the shares, by the reasoned decision of the public institution involved in the privatization of the company that took over the patrimony of the legal entity or, as the case may be, public finances, if the company that took over the patrimony of the nationalised legal person no longer exists, cannot be identified, or there has been no such continuity. " 69. In Article 32, paragraph 4 shall be amended and shall read as follows: "" (4) The recounting of the value of the shares is based on the net asset value of the last accounting balance, with the use of the discount coefficient established by the National Bank of Romania by Order no. 3 3 of 27 April 2001 , published in the Official Gazette of Romania, Part I, no. 229 of May 4, 2001 and of the inflation index established by the National Institute of Statistics and provisions Law no. 303/1947 ,, for the recalculation of the assets of the stock companies, if the balance sheet is prior to it. " 70. Article 32 (7) and (8) shall be repealed. 71. In Article 33, paragraph 1 shall be amended and shall have the shipowner contained: "" Art. 33. -(1) In the case of demolished buildings-constructions, the notification made by the entitled person shall be settled according to art. 10 or 11 by reasoned disposition of the mayor of the administrative-territorial unit in whose radius the building was located, respectively of the general mayor of Bucharest. " 72. Article 33 (2) shall be repealed. 73. Article 41 is amended and shall read as follows: "" Art. 41. -The violation of the provisions of this law attracts, as the case may be, disciplinary, administrative, contravention, civil or criminal liability. " 74. in Article 44, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) With the same punishment is sanctioned and the issuance of the decision or provision containing the proposal for granting compensation under the special law on the regime of establishment and payment of compensation related to the buildings taken abusive, drawn up in the absence of documents provided in par. ((1) and (2). ' 75. After Article 45, three new articles are introduced, Articles 45 ^ 1, 45 ^ 2 and 45 ^ 3 with the following contents: "" Art. 45 45 ^ 1. -(1) Failure to comply with the obligations provided by this law shall entail the contravention liability of the authority of the central or local public administration, of the institution or, as the case may be, of the company, autonomous direction or cooperative organization to which it incumba these obligations. (2) The following facts are contraventions: a) the unjustified delay of the settlement of the notification of the entitled person; b) violation of the obligation provided for in 23 23 para. ((2) sentence II; c) violation of the obligation provided for in 23 23 para. ((3); d) violation of the obligation provided for in 23 23 para. ((4 ^ 1); e) violation of the prohibition of alienation, provided in art. 20 20 para. ((4 ^ 1). ((3) The facts provided in par. ((2) lit. a)-d) is sanctioned with a fine of 5,000,000 lei to 50,000,000 lei. The facts provided in par. ((2) lit. e) is sanctioned with a fine from 500,000,000 lei to 1,000,000,000 lei. (4) In the case of autonomous regions, the companies provided in art. 20 20 para. (1) and (2), cooperative organizations, ministries and other central public institutions, the finding of contraventions and the application of sanctions return to the National Authority for Property Restitution, through its control body. (5) In the case of local public administration authorities located within the territorial area of the county, respectively of the city of Bucharest, the finding of contraventions lies with the prefect of the county, respectively the prefect of Bucharest The penalties are for the National Authority for Property Restitution (6) The activity of the prefect of the county, respectively of Bucharest, provided in par. (5) is subject to the control of the National Authority for Property Restitution, through its control body. Insofar as it ascertains the failure or improper performance of the obligations provided in par. (5) will propose to the Minister of Administration and Interior the appropriate measures Art. 45 ^ 2. --provisions art. 45 ^ 1 is completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. Art. 45 ^ 3. -Failure to comply with the obligation provided in 23 23 para. (4 ^ 1) attracts the obligation of the holder to whom this obligation lies to pay the new owner an amount calculated per day of delay, representing the value of the lack of use of the property returned. " 76. In Article 48, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) Under the sanction of absolute nullity, it is forbidden to dispose in any way the buildings acquired on the basis of Law no. 112/1995 , with subsequent amendments and completions, until the final and irrevocable settlement of the actions made by the persons entitled former owners or, as the case may be, their heirs, according to art. 50 50. " 77. Annex to Law no. 10/2001 on the legal regime of some buildings improperly taken over between March 6, 1945 and December 22, 1989, republished in the Official Gazette of Romania, Part I, no. 279 of 4 April 2005, shall be renumbered and become Annex no. 1. 78. After Annex no. 1 1, Annex no. 2 2 with the following contents: "" Annex no. 2 a) List of buildings covered by the art. 16 16 of Law no. 10/2001 ,, republished 1. Imobile occupied by educational establishments and institutions in the state system (kindergartens, schools, high schools, colleges, vocational schools, post-secondary schools, higher education institutions) 2. Imobile occupied by health and social care units in the public system (crèches, hospital-homes for the elderly, hospitals, foster care, children's homes) 3 3. Imobiles occupied by public institutions (financial administrations, treasuries, ministries and other central public administration authorities, prosecutor's offices, judges, courts, appeals courts, police headquarters and county inspectorates, customs offices, national archives, county directions, health insurance houses, mayors, prefectures, local and county councils, school inspectorates) 4. Imobile occupied by cultural institutions (theatres, works, libraries, museums) b) List of buildings covered by the art. 13 13 para. ((2) of Law no. 10/2001 ,, republished 1 1. Imobiles occupied by premises of registered legal political parties 2 2. Imobile occupied by headquarters of diplomatic missions, consular offices, representatives of international intergovernmental organizations accredited in Romania and buildings occupied by their staff. " + Article II ((1) Decisions or provisions, or, where appropriate, the orders of the heads of the central public administration authorities, having as their object the granting of remedies in equivalent to the buildings provided for art. 16 16 para. ((1) of Law no. 10/2001 on the legal regime of immovable property improperly taken from March 6, 1945 to December 21, 1989, republished, with the amendments made by this title, issued until the date of entry into force of this Law, and invalid, may be attacked at the civil section of the tribunal in whose territorial constituency the seat of the holding unit is located, within 12 months from the date of entry into force of this law. (2) The judgment given by the first instance may be appealed to the appellate court. + Article III The legal acts of estrangement having as their object real estate, concluded after February 14, 2001 with non-compliance with the prohibition provided by art. 44 of Government Emergency Ordinance no. 40/1999 on the protection of tenants and the establishment of rent for housing spaces, approved with amendments and additions by Law no. 241/2001 ,, as amended, and which have not been appealed in court under the conditions art. 45 45 para. ((1) of Law no. 10/2001 , republished, may be appealed to the civil section of the tribunal in whose territorial area the notified property is located within 12 months from the date of entry into force of this title or, as the case may be, from the date of the conclusion contract. ------------ Art. III of Title I was amended by section III. 1 1 of the single article of Title II of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. + Article IV ((1) Where, on the date of entry into force of this Law, the company provided for in art. 20 20 para. ((1) and (2) of Law no. 10/2001 on the legal regime of immovable property improperly taken from March 6, 1945 to December 22, 1989, republished, with the amendments made by this title, ceased its activity as a legal person, the competence to settle the application for restitution returns to the entity that exercised, on behalf of the State, the status of shareholder in that company. (2) In the situation referred to in par. ((1) provisions art. 27 27 para. ((1), (1 ^ 1) and (2) of Law no. 10/2001 on the legal regime of immovable property improperly taken from March 6, 1945 to December 22, 1989, republished, with the amendments made by this title, will apply accordingly. + Article V ((1) Notification not settled until the date of entry into force of this title, having as object existing constructions, located in the extravilan of the localities, belonging to the agricultural holdings and which were passed into the property of the state, construction on the forest land, which were part of the logging on the date of passage into state property, will be submitted for settlement, within 60 days, to the municipal, city and municipal commissions constituted according to Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, and Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , with subsequent amendments and completions. ------------ Alin. ((1) of art. V of Title I has been amended by section 2 2 of the single article of Title II of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. (2) Provisions of para. ((1) shall also be applied in respect of the land referred to in art. 8 8 para. ((1) of Law no. 10/2001 , republished. + Article VI Buildings estranged in violation of legal provisions, object of legal acts abolished by final and irrevocable judgments, notified according to art. 21 21 para. ((1) of Law no. 10/2001 , republished, is returned to nature. + Article VII Law no. 10/2001 on the legal regime of some buildings improperly taken over between March 6, 1945 and December 22, 1989, republished in the Official Gazette of Romania, Part I, no. 279 of April 4, 2005, with the amendments and completions brought by this law, will be republished, giving the texts a new renumbering. + Title II* *) Modification and completion Government Emergency Ordinance no. 94/2000 on the restitution of certain immovable property belonging to religious cults in Romania + Article I Government Emergency Ordinance no. 94/2000 on the restitution of immovable property belonging to religious cults in Romania, published in the Official Gazette of Romania, Part I, no. 308 of 4 July 2000, approved with amendments and additions by Law no. 501/2002 , as amended, amend and supplement as follows: 1. Article 1 (1), (2), (6) and (7) shall be amended and shall read as follows: "" Art. 1. -(1) The furniture that belonged to religious cults in Romania and were improperly taken over, with or without title, by the Romanian state, by the cooperative organizations or by any other legal entities between March 6, 1945 and December 22, 1989, other than places of worship, owned by the state, of a legal person governed by public law or in the patrimony of a legal person from those provided in art. 1 ^ 1, retrocedes to former owners, under the conditions of this emergency ordinance. (2) They are immovable, for the purposes of this emergency ordinance, the constructions existing in nature, together with the land related to them, located in the intravilan of the localities, with any of the destinations held on the date of the takeover improperly, as well as land at the time of abusive takeover in the intravilan of the localities, unrestricted until the date of entry into force of this law. The additions to the constructions shall be paid only if they do not exceed 50% of the current area. Otherwise, the restitution will not be ordered, considering the new building in relation to the one taken over. The current repair work, capitals, consolidations, changes in the initial partitioning, functional improvements and the like are not included in this category. (6) If the returned buildings are affected to activities of public interest in education or health, financed or co-financed from the state budget or local budgets, the new owner has the obligation to maintain impairment on a the period up to 5 years from the date of issue of the decision. During this period the new owner will be the beneficiary of a rent in the amount established by Government decision. During this period the payment of maintenance expenses related to the property lies with the users. (7) A date with the buildings returned in kind shall be returned and the movable property, if they were taken together with the respective property and if they still exist at the date of submission of the request for restitution. The current holder of the property, at the request and in the presence of the representative of the religious cult who submitted the request for restitution, will proceed to carry out the inventory of the existing movable property in the building, within 30 days from the date filing the request for restitution. In case of non-compliance with this deadline, the procedure provided for art. 46 46 para. ((2)-(4) of Law no. 10/2001 on the legal regime of immovable buildings improperly taken over from March 6, 1945 to December 22, 1989, republished. " 2. In Article 1, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) The legal regime of buildings that have the destination of a place of worship will be regulated by special law." 3. In Article 1, after paragraph (2), four new paragraphs are inserted, paragraphs 2 ^ 1, 2 ^ 2, 2 ^ 3 and 2 ^ 4, with the following contents: "" (2 ^ 1) If the land is partially occupied, the entitled person may obtain the refund in kind of the part of the land left free, for the one occupied by new constructions, for the one necessary for their good use and for the one affected by public utility facilities, the remedies being established in the equivalent. If the land is occupied in full, remedies will be established for it in equivalent. It also retrocedes in nature the lands on which light or removable constructions have been erected. ((2 ^ 2) The value of land which cannot be returned in kind shall be determined according to the circulation value at the time of issue of the decision, set out in accordance with international assessment standards. ------------ Alin. ((2 ^ 2) art. 1 of Government Emergency Ordinance no. 94/2000 has been amended by RECTIFICATION no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 955 955 of 27 October 2005. (2 ^ 3) For the situations referred to in par. (2 ^ 1) in which the restitution in kind cannot be ordered, remedies will be granted in equivalent according to the special law that will regulate the type and procedure for granting compensation. (2 ^ 4) If the property returned by the decision of the special restitution commission is in the public domain of the state or of an administrative-territorial unit, it is to be removed from the public domain, according to the provisions Law no. 213/1998 on public property and its legal regime, with subsequent amendments and completions, within 30 days from the date of final stay of the decision of the Special Retrocession Commission. " 4. After Article 1, a new article is inserted, Article 1 ^ 1 with the following contents: "" Art. 1 1 ^ 1 "-(1) Imobiles-land and construction-improperly taken over, regardless of destination, which are held on the date of entry into force of this law by an autonomous direction, a company or national company, a trading company to which the state or an authority of the central or local public administration is a shareholder or majority associate, will be returned to the applicant, in kind, by decision of the governing bodies of the holding unit. The share of the state or the authority of the central or local public administration will diminish accordingly with the value of the returned property, proceeding with the reduction of the share capital and the recalculation of the patrimony. (2) In the situations provided in par. (1) The special restitution commission will transmit the request for restitution to the holding unit, which has the obligation to settle it within 60 days from the date of completion of the file. (3) The provisions of par. ((2), (2 ^ 1), (2 ^ 2) and (7) of art. 1 1 shall apply accordingly. (4) For the situations provided in art. 1 1 para. (2 ^ 1) in which the restitution in kind cannot be ordered, the remedies will be granted in equivalent provided by the special law or the compensation with other goods or services offered in equivalent by the holding unit provided in par. (1), with the consent of the entitled person. (5) Provisions of para. ((1) are also applicable if the State or a central or local public authority shareholder or minority associate of the unit holding the property, if the value of the shares or shares held is greater than or equal to the value corresponding to the property whose restitution in kind is required. (6) Decisions provided in par. ((1) may be appealed to the civil section of the tribunal in whose territorial constituency the seat of the holding unit is located, within 30 days of their communication. " 5. in Article 2 (1), points c) and e) shall be amended and shall read as follows: " c) a representative from the Prime Minister's Chancellery, and the chairman of the National Authority for Property Restitution, who will be the chairman of the commission; e) a representative from the General Secretariat of the Government-Department for Interethnic Relations. " 6. In Article 2, paragraph 4 shall be amended and shall read as follows: "(4) The Secretariat of the Special Committee on Retrocession will be provided by the Prime Minister's Chancellery, through the National Authority for Property Restitution." 7. In Article 2, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: "" (4 ^ 1) Members of the Special Committee for Retrocession, as well as persons from the National Authority for Property Restitution, who provide its technical secretariat, benefit from the meeting allowance representing 50% of the salary of framing or, as the case may be, of the monthly allowance; in one month a single allowance may be granted, regardless of the number of working sessions. " 8. In Article 2, paragraphs 5 and 6 shall be amended and shall read as follows: " (5) The special restitution commission or, as the case may be, the holding unit provided for in art. 1 ^ 1 will analyze the documentation presented by the applicants for each building and will order, by reasoned decision, the restitution of the buildings requested by religious cults, the rejection of the request for restitution, if it is assessed that it is not founded or will propose the granting of remedies in equivalent, under the conditions established by the special law. If the building is registered in the List of historical monuments, in the restitution decision it will be mentioned that the owner has the rights and obligations provided by law. (6) The decisions of the Special Retrocession Commission will be appealed to the administrative court in whose territorial area the requested building is located, within 30 days of their communication. The judgment handed down by the administrative court is subject to the right remedies Law of Administrative Litigation no. 554/2004 .. " 9. In Article 2, after paragraph 6, two new paragraphs are inserted, paragraphs 7 and 8, with the following contents: " (7) Ministries, prefectures, town halls, cadastre services and land registry offices, as well as other public institutions are required to provide, at the written request of the Special Retroping Commission and/or the applicant for restitution, within 30 days, information on the legal situation of the buildings subject to the requests for restitution, in order to substantiate the decisions. (8) If the holder of the requested immovable property is not known, the town hall in whose territorial area is located the requested property, at the written request of the Special Retroping Commission, is obliged to identify the holding unit and to communicate, within 30 days, the elements of its identification. " 10. In Article 3, after paragraph (2), three new paragraphs are inserted, paragraphs 2 ^ 1, 2 ^ 2 and 2 ^ 3 with the following contents: "" (2 ^ 1) For the establishment of the right of property the applicant may submit written proof beginnings, statements of authenticated witnesses, extrajudicial surveys, as well as any acts that, in conjunction, establish the presumption of the existence of the right of its ownership of the property, at the time of the abusive takeover. ((2 ^ 2) In the absence of evidence to the contrary, the existence and, as the case may be, the extent of the ownership, shall be presumed to be the one recognised in the normative act or by the authority ordering the measure of abusive takeover or the measure of taking over abusive. (2 ^ 3) In application of the provisions of para. (2 ^ 2) and in the absence of evidence to the contrary, the person individualized in the normative act or by the authority by which he was ordered or, as the case may be, has been executed the measure of abusive takeover is presumed to hold the property under the name of the owner. " 11. In Article 4, paragraph 1 shall be amended and shall read as follows: "" Art. 4. -(1) The right of ownership of the requested property shall be reacquired on the basis of the decision of the Special Retrocession Commission, of the holding unit provided for in art. 1 1 ^ 1 or the remaining final court decision, as appropriate. ' 12. In Article 4, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) In the case of lease contracts that have as object spaces with other destination than that of dwelling the new owner will subrogue in the rights of the former lessor, with the renegotiation of the rent clauses, for a maximum period of 5 years according to the provisions of art. 5 5 para. ((2), if these contracts have been concluded in compliance with the law. " 13. Article 4 (3) shall be repealed. 14. In Article 4, paragraph 4 shall be amended and shall read as follows: " (4) The letters related to any improvements made to the buildings that are retroceded under the conditions of this emergency ordinance by the former holders, as well as those related to the application of par. (2 ^ 1) of art. 4, will be settled under the law. " 15. In Article 4, paragraph 5 shall be amended and shall read as follows: "(5) The remedies in equivalent shall be granted according to the special law which will regulate the type and procedure for granting compensation." 16. After Article 4, two new articles are inserted, Articles 4 ^ 1 and 4 ^ 2, with the following contents: "" Art. 4 4 ^ 1. -(1) If the buildings covered by this emergency ordinance were legally disposed of after December 22, 1989, the holders of the restitution requests may opt to grant the remedies in equivalent according to art. 4 4 para. ((5). (2) The legal acts of alienation of buildings subject to this emergency ordinance are struck by absolute nullity if they have been concluded in violation of the mandatory provisions of the laws in force on the date of disposal. (3) In the case of actions formulated according to the provisions of paragraph (2) the restitution procedure started pursuant to this emergency ordinance is suspended until the resolution of those actions by final and irrevocable court decision. The entitled person will immediately notify the Special Retrocession Commission. (4) The provisions of this emergency ordinance are also applicable in the case of pending actions, the entitled person may choose the path of this emergency ordinance, giving up the trial of the case or requesting the suspension of the case. Article 4 ^ 2. -(1) Under the sanction of absolute nullity, until the settlement of administrative proceedings and, as the case may be, judicial, provided for by this emergency ordinance, it is forbidden to dispose, change the destination, mortgage or enclose in any form whatsoever buildings for which applications for restitution have been submitted under the conditions of this emergency ordinance. (2) The applicants have the obligation to notify in writing the current holder about the existence of restitution requests submitted under the conditions of this emergency ordinance. " 17. In Article 5, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 5. -(1) The owners who will regain ownership of the buildings under this emergency ordinance will conclude with the current holders of these buildings a takeover-takeover protocol, on a mandatory basis, within 60 days of purchase. on the date of final stay of the decision of the Special Retrocession Commission or, as the case may be, of the holding unit referred to in Article 1 ^ 1, a deadline after which, if the protocol has not been signed, it will end in the presence of the bailiff a minutes of unilateral finding of the takeover of the property. (2) The owners will take possession of the immovable property requested no later than 5 years after the acquisition of the property right, in the case of buildings provided in art. 1 1 para. ((6) and in art. 4 4 para. ((2) and (2 ^ 1). ' 18. Article 5 ^ 1 shall be renumbered and become Article 5 ^ 4. 19. After Article 5, three new articles are introduced, Articles 5 ^ 1, 5 ^ 2 and 5 ^ 3, with the following contents: "" Art. 5 5 ^ 1. -(1) Failure to comply with the obligations provided by this emergency ordinance shall entail the contravention liability of the institution or, as the case may be, of the head of the institution to whom compliance with these obligations. (2) The following facts are contraventions: a) non-compliance with the obligation provided 1 1 para. ((2 ^ 4); b) non-compliance with the obligation provided 1 1 para. ((7); c) non-compliance with the obligation provided 1 ^ 1 para. (2) by the holding unit; d) non-communication or erroneous communication of the information requested according to art. 2 2 para. ((7) and (8); e) non-compliance with the obligation provided 5 5 para. ((1); f) violation of the prohibition of alienation provided in art. 4 ^ 2 para. ((1). ((3) The facts provided in par. ((2) lit. a)-e) is sanctioned with a fine of 5,000,000 lei to 50,000,000 lei. (4) The fit provided in par. ((2) lit. f) is sanctioned with a fine of 100,000,000 lei to 1,000,000,000 lei. (5) Failure to conclude by the current holder of the takeover-takeover protocol, according to art. 5 5 para. (1), draws its obligation to pay the new owner an amount, calculated per day of delay, representing the value of the lack of use of the property. Article 5 ^ 2. -(1) Finding the contraventions provided in art. 5 ^ 1 para. (2) and the application of sanctions in respect of ministries, prefectures, holding units provided for in art. 1 ^ 1 are made by the National Authority for Property Restitution, through its control body. (2) In the case of local public administration authorities located within the territorial area of the county, respectively of the city of Bucharest the finding of contraventions lies with the prefect of the county, namely the Prefect of Bucharest The penalties are for the National Authority for Property Restitution (3) The activity of the prefect of the county, respectively of Bucharest, provided in par. (2) is subject to the control of the National Authority for Property Restitution, through its control body. Insofar as it ascertains the failure to fulfil or the improper performance of these obligations, it will propose to the Minister of Administration and Art. 5 ^ 3. --Provisions art. 5 5 ^ 1 and art. 5 ^ 2 will be completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended and supplemented. " + Article II The deadline for the submission of applications for the restitution of buildings belonging to religious cults, provided for in art. 1 1 para. (5) of Government Emergency Ordinance no. 94/2000 , approved with amendments and additions by Law no. 501/2002 , as amended, shall be 6 months from the date of entry into force of this Law. + Article IV (1) The applications for restitution having as object land located in the extravilan of the localities at the time of the abusive takeover, as well as constructions of any kind, located in the extravilan of the localities, belonging to the agricultural holdings and which were passed in the state property, construction on the forest land, which were part of the logging on the date of passage into state ownership, will be submitted by the Special Retroping Commission, with a view to the settlement, within 60 days, municipal and municipal commissions constituted according to Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, and Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , with subsequent amendments and completions. (2) The 60-day period referred to in par. ((1), flows from the date on which the special restitution commission receives the legal situation from which it appears that the respective property was or is located in extravilan. + Article V Government Emergency Ordinance no. 94/2000 on the restitution of immovable property belonging to religious cults in Romania, published in the Official Gazette of Romania, Part I, no. 308 of 4 July 2000, approved with amendments and additions by Law no. 501/2002 , with subsequent amendments and completions, including with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Article VI On the date of entry into force of this Law, the art. VI para. (1)-(4) of Government Emergency Ordinance no. 184/2002 , published in the Official Gazette of Romania, Part I, no. 929 of 18 December 2002, approved with amendments by Law no. 48/2004 , published in the Official Gazette of Romania, Part I, no. 262 262 of 25 March 2004. + Title III* **) Amendment Government Emergency Ordinance no. 83/1999 on the return of immovable property belonging to the communities of citizens belonging to national minorities in Romania + Article I Government Emergency Ordinance no. 83/1999 on the return of immovable property belonging to the communities of citizens belonging to national minorities in Romania, published in the Official Gazette of Romania, Part I, no. 266 of 10 June 1999, approved by additions Law no. 66/2004 , as amended and supplemented, shall be amended and supplemented as follows: 1. Articles 1 to 5 shall be repealed. 2. In Article 6, paragraphs 1, 2 and 5 shall read as follows: "" Art. 6. -(1) The furniture that belonged to the communities of national minorities in Romania and which were improperly taken over, with or without title, by the Romanian state, by the cooperative organizations or by any other legal entities, between September 6 1940-22 December 1989, shall be returned to the former owners under the conditions of this emergency ordinance. (2) They are immovable, for the purposes of this emergency ordinance, the constructions existing in nature, together with the land related to them, located in the intravilan of the localities, with any of the destinations held on the date of the takeover improperly, as well as land at the time of abusive takeover in the intravilan of the localities, unrestricted until the date of entry into force of this law. The additions to the constructions shall be paid only if they do not exceed 50% of the current area. Otherwise, the restitution will not be ordered, considering the new building in relation to the one taken over. The current repair work, capitals, consolidations, changes in the initial partitioning, functional improvements and the like are not included in this category. (5) If the returned buildings are affected by activities of public interest in education or health, financed or co-financed from the state budget or local budgets, the new owner has the obligation to maintain the impairment on a the period up to 5 years from the date of issue of the decision. During this period the new owner will be the beneficiary of a rent in the amount established by Government decision. During this period the payment of maintenance expenses related to the property lies with the users. " 3. Article 7 is amended and shall read as follows: "" Art. 7. -(1) The special restitution commission or, as the case may be, the holding unit will analyze the documentation submitted by the applicants for each building and will order, by reasoned decision, the refund of the requested buildings, the rejection of the request for restitution, if it is assessed that it is not founded or will propose the granting of the remedies in the equivalent, under the conditions laid down by the special law. (2) The decisions of the Special Committee on Retrocession can be appealed to the administrative court in whose territorial area the requested building is located, within 30 days of their communication. The judgment handed down by the administrative court is subject to the right remedies Law of Administrative Litigation no. 554/2004 . (3) Ministries, prefectures, mayors, cadastre services and land registry offices, as well as other public institutions are required to provide, at the written request of the Special Retroping Commission and/or the applicant for restitution, in days, information on the legal situation of the buildings covered by the applications for restitution, in order to substantiate the decisions. (4) If the building is registered in the List of historical monuments, in the restitution decision it will be mentioned that the owner has the rights and obligations provided by law. " 4. Article 8 is amended and shall read as follows: "" Art. 8. -The provisions of art. 1 1 para. ((2 ^ 1)-(2 ^ 4) and (7), art. 1 ^ 1, art. 2 2 para. ((4 ^ 1), (7) and (8), art. 3 3 para. ((2), (2 ^ 1)-(2 ^ 3), art. 4 4, art. 4 ^ 1, art. 4 ^ 2, art. 5 5, art. 5 ^ 1-5 ^ 3 of Government Emergency Ordinance no. 94/2000 on the restitution of immovable property belonging to religious cults in Romania, published in the Official Gazette of Romania, Part I, no. 308 of 4 July 2000, approved with amendments and additions by Law no. 501/2002 ,, as amended and supplemented, shall apply accordingly. '; + Article II From the date of entry into force of this law, a new period of 6 months for the submission of refund applications, under the conditions art. 6 6 para. (4) of Government Emergency Ordinance no. 83/1999 on the return of immovable property belonging to the communities of citizens belonging to national minorities in Romania, approved with amendments and completions by Law no. 66/2004 . + Article III The right to action provided in art. III of Title II of this Law shall apply accordingly. + Article IV (1) The applications for restitution having as object land located in the extravilan of the localities at the time of the abusive takeover, as well as constructions of any kind, located in the extravilan of the localities, belonging to the agricultural holdings and which were passed in the state property, construction on the forest land, which were part of the logging on the date of passage into state ownership, will be submitted by the Special Retroping Commission, with a view to the settlement, within 60 days, communal, city and municipal commissions constituted according to Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, and Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , with subsequent amendments and completions. (2) The 60-day period referred to in par. ((1), flows from the date on which the special restitution commission receives the legal situation from which it appears that the respective property was or is located in extravilan. + Article V Government Emergency Ordinance no. 83/1999 on the return of immovable property belonging to the communities of citizens belonging to national minorities in Romania, published in the Official Gazette of Romania, Part I, no. 266 of 10 June 1999, approved by additions Law no. 66/2004 , with subsequent amendments and completions, will be republished in the Official Gazette of Romania, giving the texts a new numbering. + Title IV Modification and completion Law of Land Fund no. 18/1991 * *) + Article I Law of Land Fund no. 18/1991 , republished in the Official Gazette of Romania, Part I, no. 1 of 5 January 1998, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 11, paragraph 2 shall be amended and shall read as follows: " (2) Provisions of para. ((1) shall also apply in respect of areas taken over by agricultural production cooperatives under special laws or in any way from cooperative members. " 2. In Article 11, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) Land improperly taken over by agricultural production cooperatives from natural persons, without registration in agricultural production cooperatives or by the state, without any title, shall be rightful to the owners who requested the reconstitution ownership, on the old sites, if they were not legally assigned to other persons. " 3. In Article 18, paragraph 3 shall be amended and shall read as follows: " (3) Unassigned land, left at the disposal of the commission, after the full completion of the reconstitution of the property rights, pass in the private domain of the commune, city or municipality, to be made available to those who wish to establish or develop agricultural holdings, by lease, concession or sale, under the law or made available for objectives of social interest. " 4. In Article 23, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) In case of alienation of constructions, the related land areas provided in par. ((2) are those agreed by the parties on the date of disposal, proven by any means of proof. " 5. In Article 24, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) Land area provided in par. (1), related to the dwelling house and household annexes, may not be higher than that provided for in the act of award coming from the production cooperative, the folk council or the town hall in that locality. " 6. In Article 24, paragraph 2 shall be amended and shall read as follows: "(2) The former owners will be compensated with an area of land equivalent in the intravilan or, in absentia, in extravilan, accepted by them, and, if there is no more land, compensation will be awarded." 7. In Article 27, paragraph 2 shall be amended and shall read as follows: " (2) In all cases where the reconstitution of the ownership is done on the old sites, on the occasion of the measurements the local commission takes note of the mutual recognition of the limits of the property by the neighbors, records them in the documents ascertaining, drawing up the plans of the plot and submitting the documentation to the county commission or the prefect for validation and, respectively, the release of the property 8. In Article 27, after paragraph 2, paragraphs 2 ^ 1 and 2 ^ 2 shall be inserted as follows: " (2 ^ 1) The owners or their heirs who did not sign up for the agricultural production cooperative, did not surrender or were taken to the state land through translative deeds of property will be able to ask the prefect, through the substantive commissions land, property titles according to this law. These categories of owners and heirs are applicable only to the provisions of art. 64. (2 ^ 2) In cases where property securities were improperly issued to persons other than former owners and they held, at that time property certificates and had possession of the land, the land fund commissions would revoke the securities. issued in violation of the law, if they did not enter the civil circuit. If these property titles have entered the civil circuit by means of sale-purchase or otherwise, the former owner will address the judiciary for finding the absolute nullity of that title according to the provisions art. III of Law no. 169/1997 to amend and supplement Law of Land Fund no. 18/1991 .. " 9. In Article 27, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: "" (4 ^ 1) The mayor shall display on a monthly basis the area constituted or reconstituted, the names of the beneficiaries, the site, the plot plans, as well as the area remaining in the local commission reserve 10. in Article 52, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) Provisions of art. 274 of the Code of Civil Procedure are applicable. " 11. Article 60 shall be repealed. 12. In Article 92, paragraph 3 shall be amended and shall read as follows: " (3) Final removal from the agricultural circuit of agricultural land from extravilan, class I and class II of quality, those arranged with works of land improvements, as well as those planted with vineyards and orchards, by expanding the intravilan of the localities, is made on the proposal of the local councils, by order of the Director of the Agricultural and Rural Development Department, with the opinion of the Ministry of Agriculture, Forestry and Rural Development. " 13. Article 92 (5) shall be repealed. 14. Article 108 shall be repealed. 15. Article 109 shall be repealed. 16. After Article 110, three new articles are introduced, Articles 110 ^ 1, 110 ^ 2 and 110 ^ 3 with the following contents: "" Art. 110 110 ^ 1. -Constitutes contraventions to the rules on the reconstitution of the following facts: a) the act of the natural person who is a member of the local or county commission for the application of this law to prevent in any way or to unduly delay the reconstitution or constitution, as the case may be, of the right of property or to issue the title to the entitled persons, as well as to issue the title of property without fulfilling the legal conditions; b) failure to display the data referred to in 27 27 para. (4 ^ 1) by the mayor within 10 days from the end of the previous month; c) the mayor's display of data on the reconstitution or constitution of ownership, which do not correspond to reality. d) the act of any natural person who has the status of a member of a commission for the application of this law to be unmotivated from any meeting of it; ----------- Point d) art. 110 ^ 1 of the Land Fund Law no. 18/1991 , republished was introduced by item 2 2 of the single article of Title VI of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. e) the act of the chairman of the commission to be absent from its premises, during working hours, without designating a person able to provide all the information and documents necessary for the control carried out by the National Authority for Restitution Properties or prefect or its powers; ----------- Letter e) a art. 110 ^ 1 of the Land Fund Law no. 18/1991 , republished has been amended by section 9 9 of art. I of LAW no. 263 263 of 27 June 2006 , published in MONITORUL OFFICIAL no. 572 572 of 3 July 2006. f) the act of any natural person to prevent or limit citizens ' access to information of public interest regarding the application of the laws of the land fund; ----------- Letter f) a art. 110 ^ 1 of the Land Fund Law no. 18/1991 , republished was introduced by item 2 2 of the single article of Title VI of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. g) the act of any person to prevent, by any means-including by refusing to present the requested documents or information-and in any way, carrying out the controls by the National Authority for Restitution Properties, prefect or its powers; ----------- Letter g) a art. 110 ^ 1 of the Land Fund Law no. 18/1991 , republished was introduced by item 2 2 of the single article of Title VI of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. Art. 110 ^ 2. -The contraventions provided in art. 110 ^ 1 is sanctioned as follows: a) the one from letter a) with a fine of 100,000,000 lei to 300,000,000 lei; b) those from letters b) and c) with a fine from 50,000,000 lei to 100,000,000 lei. c) the one at lit. d), with a fine of 500 lei (RON) per 1,000 lei (RON), for each unmotivated absence; ----------- Point c) art. 110 ^ 2 of the Land Fund Law no. 18/1991 , republished was introduced by item 3 3 of the single article of Title VI of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. d) those of lit. e) and f), with a fine of 2,000 lei (RON) to 10,000 lei (RON); ----------- Point d) art. 110 ^ 2 of the Land Fund Law no. 18/1991 , republished was introduced by item 3 3 of the single article of Title VI of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. e) the one in lit. g), with a fine of 50,000 lei (RON) per 100,000 lei (RON). ----------- Letter e) a art. 110 ^ 2 of the Land Fund Law no. 18/1991 , republished was introduced by item 3 3 of the single article of Title VI of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. Art. 110 ^ 3. -(1) The finding of contraventions and the application of sanctions provided in art. 11O ^ 1 and art. 110 ^ 2 shall be made by the powers of the National Authority for the Restitution of Properties and by the prefect or its powers, in the case of the members of the local commissions. " (2) If the control body considers it necessary, the police, gendarmerie or other agents of the public force, as the case may be, are obliged to grant the contest for obtaining the data and information necessary to carry out the activity of control as well as for the performance of any other activities necessary for this purpose. ----------- Alin. ((2) al art. 110 ^ 3 of the Land Fund Law no. 18/1991 , republished has been amended by section 10 10 of art. I of LAW no. 263 263 of 27 June 2006 , published in MONITORUL OFFICIAL no. 572 572 of 3 July 2006. + Article II The commissions for the application of the laws of the land fund shall be required not later than 120 days from the date of entry into force of this law to submit to the State Domains Agency the necessary documents for the preparation of the reception-reception protocols with this institution on land that was taken directly from the companies in the portfolio of the State Domains Agency, as well as from research resorts, institutes and educational establishments. + Title V Modification and completion Law no. 169/1997 to amend and supplement Law of Land Fund no. 18/1991 + Article UNIC Law no. 169/1997 to amend and supplement Law of Land Fund no. 18/1991 , published in the Official Gazette of Romania, Part I, no. 299 of 4 November 1997, shall be amended and supplemented as follows: 1. In Article III (1), the introductory part and letter a) shall be amended and shall read as follows: "" Art. III. -(1) They are struck by absolute nullity, according to the provisions of civil law, applicable at the date of conclusion of the legal act, the following acts Law of Land Fund no. 18/1991 , Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , with subsequent amendments and completions and of this Law: a) acts of reconstitution or incorporation of the right of property, in favour of persons who were not entitled, according to the law, to such reconstructions or constitutions, such as: (i) the acts of reconstitution in favour of persons who have never had land in the property surrendered to the agricultural cooperative of production or to the State or who have not inherited such land; (ii) the acts of reconstitution and constitution in favour of other persons on the old sites of the former owners, requested by them, within the legal period, free at the time of the request, on the basis of Law no. 18/1991 for intravilane land, Law no. 1/2000 and the present law, as well as the acts of constitution on land taken out of the public domain for this purpose; (iii) acts of reconstitution and incorporation of the right of property in favour of other persons on the land of the owners who were not enrolled in the agricultural cooperative of production, did not surrender the land to the state or they were not taken over by the state through translative acts of ownership; (iv) acts of reconstitution or incorporation of the right of property issued after the release of title of property to the former owner on the old site, transcribed in the registers of transcripts and inscriptions or, as the case may be, intabulat in the book land, as well as the acts of alienation carried out on their basis; (v) acts of reconstitution and incorporation of the right of property to the extent that they have exceeded the area limits laid down by art. 24 24 para. ((1) of the Land Fund Law no. 18/1991 ; (vi) the acts of reconstitution of the ownership of forest land for persons who have not previously owned such land. " 2. In Article III, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) The administrative acts by which they were passed in the public or private domain of the state or the localities land for which applications for reconstitution of private property have been submitted shall suspend their effects on these land until the settlement of the application by the land fund committee, with the exception of land already entered in the civil circuit. After validation of the reconstitution application, the land shall pass to the land fund committee for possession. " 3. In Article III, paragraph 2 shall be amended and shall read as follows: "(2) Nulity may be invoked by the mayor, prefect, the National Authority for the Restitution of Properties and other persons who justify a legitimate interest, and the settlement of applications is within the jurisdiction of the courts of common law." 4. In Article III, after paragraph (2), four new paragraphs are inserted, paragraphs 2 ^ 1-(2 ^ 4), with the following contents: " (2 ^ 1) The absolute nulity, for the purposes of this law, will also be invoked in the pending litigation. (2 ^ 2) Absolute nulity does not operate on the securities obtained by former owners on other sites if at the entry into force of this law they found their old sites of which they were dispossessed legally assigned to other persons according to Law no. 18/1991 . (2 ^ 3) Fosts owners can return to the old site and when the persons placed in possession on these lands give up in their favor to the already released property titles. (2 ^ 4) In the case of successive estrangements of the land, the one who sold the land on the basis of the title found null shall be obliged to remit the updated price to the former owner + Title VI Modification and completion Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 + Article I Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , published in the Official Gazette of Romania, Part I, no. 8 of 12 January 2000, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 1 is amended and shall read as follows: "" Art. 1. -Natural persons and legal persons who have made applications for the reconstitution of the right of property for agricultural land and forest land, within the legal term, are reconstituted their ownership under the conditions provided by this law. The provisions of this law also apply to the restitution of agricultural and forestry land accessories. " 2. In Article 2, paragraph 1 shall be amended and shall read as follows: "" Art. 2. -(1) In the application of the provisions of this law the reconstitution of the property right shall be made on the old sites, if they were not legally assigned to other persons The commissions for the application of the laws of the land fund, in agreement with the owners, can compress the land to be returned to a single site. " 3. In Article 3, paragraph 2 shall be amended and shall read as follows: "" (2) Reconstitution of the right of property for natural persons referred to in art. 9 9 para. ((1) of the Land Fund Law no. 18/1991 , republished, with subsequent amendments and completions, is made for the difference between the area of 10 ha of family and that brought into the agricultural cooperative of production or taken over by special laws or in any way from the cooperative members, but not more than 50 ha of dispossessed owner. " ((2 ^ 1) For the land of the dispossessed owners, individuals, on which pastures and meadows are located, the reconstruction is made for the difference between the area of 50 ha of family and that brought into the agricultural cooperative of production or taken over by acts Special normative or by any other way from cooperative members or from any other depossessed individual, but no more than 100 ha of dispossessed owner. ------------- Alin. ((2 ^ 1) art. 3 3 of Law no. 1/2000 has been introduced by section 1 1 of art. I of LAW no. 193 193 of 19 June 2007 , published in MONITORUL OFFICIAL no. 422 422 of 25 June 2007. 4. In Article 4, paragraph 1 shall be amended and shall read as follows: "" Art. 4. -(1) For land in the extravilan of localities, former properties of natural and legal persons, who have passed into state property and on which hydrotechnical, hydroelectric or hydroamelioration installations are found, on which they are carry out mining operations or oil-exploration and exploitation operations, shall be returned, under the law, to former owners or to their heirs, equivalent areas made up of the existing reserve local commissions, and if these areas are insufficient, the private domain of the state, from the same locality or other localities, accepted by the former owners. In cases where the compensation is not possible, compensation will be awarded to former owners or their heirs, under the law. " 5. In Article 4, after paragraph (1), the new paragraphs (1 ^ 1)-(1 ^ 9) are inserted, with the following contents: " (1 ^ 1) For the land of former owners natural or legal persons, including fish cooperatives or other associative forms provided for in art. 26 26 para. (1), which were found, at the date of dispossession, fish facilities, greenhouses or hop plantations, of dudes, vine or fruit plantations, currently the property of the state, the refund is made on the old sites, with the obligation to maintain them the destination and, where applicable, the unit and functionality. (1 ^ 2) For the above-mentioned lands, which were carried out by the state investments, not amortized until the entry into force of this law, the former owners may opt for reconstitution on the old site, with the obligation to pay the state, within 10 years, the non-amortized value of the investment, if it represents more than 30% of the total value of the investment on the date of entry into force of this law, or to receive land on other sites, accepted by they, of the same category of use with the land they handed over or compensation. (1 ^ 3) For land taken over by the state from which investments were sold in compliance with the law, former owners may opt for another site, accepted by them, or for compensation paid either by the investor or by the state. ((1 ^ 4) In the case of the option for compensation paid by investors, the former owners will agree with investors, within 3 months from the date of entry into force of this law or from the date of validation of the request for reconstitution of the right of property, the price of the land, which may not be lower than its market value, and the payment term, which may not be more than 3 years. (1 ^ 5) The agreement will be registered with the county commission that validated the request for reconstitution and becomes enforceable title for the payment of the price if the investor does not comply with his payment obligation within the agreed deadline. From the moment of registration of the agreement, the option of the parties is final and the parties can no longer opt for other forms of reconstitution and compensation respectively The owners will be able to address the state, under the legal provisions on the granting of compensation by it, only to cover the value of the investments taken by the state once with the land they had in the property. (1 ^ 6) Until payment is made, the owner of the investment will pay the former owner of the land an amount, agreed by the parties, which may not be less than the royalty paid to the state at the time of the agreement and will not be able to alienate in any way its investment, under the sanction of absolute nullity. (1 ^ 7) The owners of the investments acquire the ownership of the land at the time of full payment of the value of the land. (1 ^ 8) If no compensation is chosen by the investor, or if the former owner and the investor do not reach an agreement within the period referred to in par. (1 ^ 4), the former owner will receive land on another site, accepted by him, or compensation from the state, both for the land and for the investments proven at the time of taking over the land, under the law. ((1 ^ 9) In case of implementation of the agreement referred to in (1 ^ 4), for investments proven at the time of taking over the land, the former owner receives compensation from the state, under the law. " 6. In Article 4, paragraph 2 shall be amended and shall read as follows: " (2) If the investments for which the land area was taken over by the State have not been executed or are in the project stage, the area taken over shall be returned, upon request, to the former owners or their heirs, on the old location. " 7. In Article 6, paragraphs (1 ^ 1) and (1 ^ 2) shall be amended and shall read as follows: "" (1 ^ 1) Property titles obtained prior to entry into force of the Law no. 18/1991 and the free existence of the old sites make absolute proof of the property, obliging the land fund commissions to proceed to the validation of the application for the reconstitution of the property right. ((1 ^ 2) Consignations made between 1945 and 1990 in agricultural registers, applications for entry into former agricultural production cooperatives, documents existing at the state archives relating to land ownership, not accompanied by the titles of property, have declarative value on the property. " 8. In Article 6, after paragraph (1 ^ 2), two new paragraphs are inserted, paragraphs (1 ^ 3) and (1 ^ 4), with the following contents: "" (1 ^ 3) If there are no more supporting documents, the evidence with witnesses is sufficient in reconstructing the right to property when it is done on the old sites and when the witnesses who recognize them are the neighboring owners or their heirs, on all sides of the land for which the reconstitution was requested. ((1 ^ 4) Any evidence proving the ownership of the former owners may be removed only by a sample of the same force produced by the current owner of the land or by third parties, denying the ownership. " 9. In Article 6, paragraph 2 shall be amended and shall read as follows: " (2) Provisions art. 12 12 and art. 27 of the Land Fund Law no. 18/1991 , republished, with subsequent amendments and completions, on the restoration of the right of property by reconstitution, as well as the procedural provisions provided in art. 51-59 of the same law shall apply accordingly to the reconstitution of the right of property, according to the present law. " 10. In Article 6, after paragraph (2), two new paragraphs are inserted, paragraphs 2 ^ 1 and 2 ^ 2, with the following contents: " (2 ^ 1) In a situation where certain surfaces are claimed by two persons, one of whom is the former owner, who was taken over the land by the abusive measures applied during 1945-1990, and the second, the person to whom he was assigned land from the one taken from the former owner within the limit of existing land resources, including the reserves created, will return the land in the nature of both applicants. If the resources are insufficient, the land of the person who owned the property documents in 1990 will be assigned in nature, and those who were impropriety with such land will be compensated under the law. ((2 ^ 2) Differences between the areas listed in the property titles, in the agricultural registers, in the requests for entry into the cooperative, in the acts of donation to the state, in the archives of the state from 1945 to 1990 and the factual situation at the time of the Possession shall be corrected in favour of former owners. ' 11. Article 6 ^ 1 shall be repealed. 12. Article 7 is amended and shall read as follows: "" Art. 7. -For land subject to the reconstitution of the property right according to art. 3, 4, 5 and 23, an additional title will be issued, if the persons concerned already have a title issued under the conditions Law of Land Fund no. 18/1991 .. " 13. Article 8 is amended and shall read as follows: "" Art. 8-The individuals who were reconstituted the property for the difference between the area of 10 hectares of family and the area taken over by the state by special laws, but not more than 50 hectares, on more lots than they owned before takeover, upon request, if possible, their land is composing in larger lots or in a single lot, of the same category of use as the one taken over, including from the state property lands, freeing up a new title of property, after the revocation of the original of the land-based county commission. " 14. In Article 9, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 9. -(1) State-owned land, managed by the institutes, centres and research resorts, intended for the research and production of seeds, of propagating material of superior biological categories and of breed animals, shall remain in the administration to them, except for agricultural land taken from former owners and requested by persons entitled to reconstitution. Land in the perimeters of resorts, institutes and research centers that are subject to restitution will be delimited in compact sole, starting from the edge of the perimeter, according to Law no. 290/2002 on the organization and functioning of the research and development units in the fields of agriculture, forestry, food industry and the Academy of Agricultural and Forestry Sciences "Gheorghe Ionescu-Sisesti", with subsequent amendments and completions. (3) The agricultural land that belonged to the Romanian Academy, universities, higher education institutions and research units in 1945, shall return to their property. " 15. In Article 9, after paragraph (1), two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2, with the following contents: "" (1 ^ 1) Provisions para. ((1) shall also apply to land used on the date of entry into force of this law by educational establishments with agricultural or forestry profile. The areas that remain in the administration of educational institutions will be delimited by Government decision within 90 days from the date of entry into force of this law. (1 ^ 2) For land areas that are returned to the old site of persons entitled under the conditions of par. (1) and (1 ^ 1) research and educational establishments shall receive in administration appropriate land areas of state property. " 16. in Article 9, after paragraph 3, a new paragraph (4) is inserted, with the following contents: "" (4) The reconstitution of the ownership of agricultural land that belonged to the Romanian Academy is made by the land merging by the State Domains Agency, at the request of the Romanian Academy, if the old sites of former owners and in compliance with provisions Law no. 752/2001 on the organization and functioning of the Romanian Academy, with subsequent additions. 17. In Article 12, paragraph 1 shall be amended and shall read as follows: "" Art. 12. -(1) The communal, town or municipal commissions of the administrative-territorial units on which the lands are located, together with the cadastre and real estate advertising offices will delimit the requested land on the old sites, if they do not were legally assigned to other persons, or in the sole located in the vicinity of the localities, accepted by the former owners, with the provision of access to the hydroimprovement works, where they exist. " 18. Article 13 shall read as follows: "" Art. 13. -The Prefect, in his capacity as chairman of the county commission, will draw up and submit monthly to the National Authority for Property Restitution a report on the situation of application of the provisions of the law, with proposals for measures, including employment of liability for mayors who delay or imoiedica in any way the reconstitution of the right of property within the time limits and under the conditions established by law. " 19 articles 15, 19 and 20 shall be repealed. 20. Article 22 shall read as follows: "" Art. 22. -The reconstitution of the property right, the possession and issuance of property titles, in the case of individuals, shall be made by the local commissions and the county commissions or by the prefect, in accordance with the provisions of art. 12 12 and art. 51 51-59 of the Land Fund Law no. 18/1991 , as amended and supplemented, Law no. 169/1997 , with the provisions of the Regulation on the establishment procedure, the powers and the functioning of the commissions for the establishment of private ownership of land, the model and the way of attribution of property titles, as well as possession of the owners, approved by Government Decision no. 1172/2001 , as amended and supplemented, as well as in compliance with the provisions of this Law. " 21. In Article 23, after paragraph (1 ^ 1), a new paragraph (1 ^ 2) is inserted, with the following contents: " (1 ^ 2) The places of worship provided in par. (1), if they owned larger areas than those returned until the entry into force of this law, they may request the reconstitution of the right of property for the entire area held in 1945. " 22. In Article 24, paragraph 1 shall be amended and shall read as follows: "" Art. 24. --(1) Reconstitution of ownership of forest land, for the difference between the area received by the application of the laws of the land fund and the property, natural and legal persons or, as the case may be, heirs It is done on the old sites. " 23. In Article 24, after paragraph (1), four new paragraphs are inserted, paragraphs (1 ^ 1) to (1 ^ 4), with the following contents: " (1 ^ 1) If the validation was made on a site other than that had in the property and for that area the possession was not made, the title is issued on behalf of the former owner or his heirs. (1 ^ 2) Land of protected natural areas, established and declared according to the law, stands constituted as units-source for the production of forest reproductive materials, plantings, plant-mother crops for the production of Cuttings, registered in the national catalogue of basic materials, shall be returned to the former owners or their heirs, with the obligation to keep their destination and to ensure their administration through authorized forestry structures. The former owner can opt to assign an equivalent area from the state property forest fund. (1 ^ 3) In the case of cleared land after January 1, 1990 the former owner may opt for the refund on the old site. (1 ^ 4) If on the old site there are forests classified in functional group I according to the provisions Law no. 26/1996 -The Forest Code, with subsequent amendments and completions, the former owner or his heirs must comply with their destination and allow the necessary intervention works or may opt for the return of another land, located in near the old site. " 24. In Article 24, paragraphs 2, 3, 4 and 5 shall be amended and shall read as follows: " (2) It is exempted from the reconstitution of the ownership of the old sites assigned to the former owners, in compliance with the provisions Law of Land Fund no. 18/1991 , with subsequent amendments and completions, for which property titles or minutes of possession were issued. (3) For the cases provided in par. (2) the possession will be made on other lands, located near the old sites, accepted by the owner. (4) The units and the forestry subunits under the National Forest Regia-Romsilva, as well as the other current forest land holders requested by the former owners or their heirs, will provide the commissions local application of the provisions of this law the land areas for which the applications for reconstitution of the property right have been validated, by categories of holders provided for in this law, under the conditions provided in par. ((1)-(3). The actual passage of land into private property will be made on the occasion of the possession, according to the present law. (5) The central public authority responsible for forestry will take measures for each forest detour to delimit the perimeters with land that remain the property of the state of land covered by the reconstitution of the right of private property. " 25. Article 24 (3 ^ 1) and (3 ^ 2) shall be repealed. 26. in Article 24, after paragraph 5, a new paragraph (6) is inserted, with the following contents: " (6) The state property lands, managed by the Research Institute and Silvice Fines, intended for research activity, remain in its administration, except for forest land taken from former owners and requested by persons entitled to reconstitution. Forest land for research that is subject to restitution will be delimited in compact bodies, starting from the edge of the perimeter. " 27. In Article 25, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 25. -(1) Reconstitution of ownership and possession of holders, in the case of forest land, as well as the issuance of title deeds shall be made by the local commissions and the county commissions, respectively, under the conditions and with the procedure established by Law of Land Fund no. 18/1991 , as amended and supplemented, by Law no. 169/1997 , of the Rules on the Establishment Procedure, the attributions and the functioning of the commissions for the establishment of private ownership of land, the model and the way of attribution of title deeds, as well as the possession of the owners, approved by Government Decision no. 1172/2001 , with subsequent amendments and completions, and according to this law. (3) For the persons referred to in art. 24 24 para. (1) of this law shall be issued an additional title. If no property title has been issued yet for the forest land area received by application of the land fund laws, a single title will be issued for the entire area resulting from the application Law of Land Fund no. 18/1991 , with subsequent amendments and completions, Law no. 169/1997 and of the present law. " 28. In Article 26, paragraphs 1, 2 and 3 shall be amended and shall read as follows: "" Art. 26. -(1) Associative forms of ownership of land with forest vegetation, pastures and meadows, obsti de mosneni in devalmasie, obsti razesesti undivided, composesorate, purchase obsti, graniceresti forests, urbarial forests, common political, cooperative, other communities and associative forms with different names, will be issued a single title, at the request of their legal representative, with the mention to the holder, as the case may be: "obste de mosneni", "obste de razesi", "" composesorat "," graniceresti forests ", other associations and associative forms with the name of the (2) The associative forms shall be fully restored to the property. (3) The title of the property shall be accompanied by a site outline of the forest land area which belonged to the village of Mosneni, the obes of razesi, the composesorate and the like, to be returned. " 29. In Article 26, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: "" (3 ^ 1) The possession in the case of reconstituted areas within several communes is made by the local commissions under the coordination and with the opinion of the county offices of the National Agency for Cadastre and Real Estate Advertising, and in the case Reconstituted surfaces within several counties by the National Agency for Cadastre and Real Estate Advertising. The title will be issued by the county commission in whose territorial area the headquarters of the associative form are located. " 30. Article 27 is amended and shall read as follows: "" Art. 27. -Administration and exploitation of forest land provided in art. 26 of this law shall be made in accordance with the statutes of associative forms admitted by the legislation of the Romanian state during 1921-1946, in so far as it does not contravene the legislation in force. " 31. Article 28 is amended and shall read as follows: "" Art. 28. -(1) In order to organize the administration of forest land provided in art. 26 of the present law and the determination of responsibilities regarding their administration, the entitled persons will be reorganized, based on this law, in the initial associative forms. (2) Within 90 days from the date of entry into force of this law an ad hoc committee shall request the court in whose territorial area the lands are located the recognition of associative forms of administration and exploitation of land forest. (3) The ad hoc committee shall present to the judge, with the request, a status in authentic or certified form of lawyer, in which their structure, management bodies, management of forest land will be established, under the conditions the law, members ' rights and obligations, liabilities, sanctions, dissolution, and other specific provisions. (4) By judicial decision the associative forms of joint administration, constituted under the conditions and in compliance with the forestry regime provided by law, regain the quality of legal person. The court decision will be entered in a special register held by the court. (5) The forest areas in the common property, according to their nature, remain in the property of individuals for the duration of their existence. (6) Members of associative forms in devaluation or indivision may not instruct their own quotas-parts of persons outside them. (7) The lands of these associative forms cannot be disposed of in any way, in whole or in part. (8) In the case of dissolution of associative forms, their individual property shall pass into the public property of the local councils within which the respective lands are located. " 32. In Article 29, paragraphs 1 and 2 shall read as follows: "" Art. 29. --(1) In application of provisions art. 47 of the Land Fund Law no. 18/1991 , republished, with subsequent amendments and completions, the proposals to reconstruct the ownership of the forest land and to issue the title of property will be made on behalf of the parish, hermitage, monastery, institution of culture and education, the Romanian Academy within the limits of the areas they had in the property, even if the lands are located within several localities or counties. (2) The diocesan centers, the deaneries, the monasteries, the hermitages, the parishes, the filies and other structures of the cult units acquire, by reconstitution, the ownership of the forest land. " (2 ^ 1) The Elias Foundation acquires, by reconstitution on the old sites or by merging, the ownership of the forest land. ------------ Alin. ((2 ^ 1) art. 29 29 of Law no. 1/2000 was introduced by the single article of LAW no. 342 342 of 17 July 2006 , published in MONITORUL OFFICIAL no. 626 626 of 20 July 2006. 33. In Article 29, after paragraph (3 ^ 1), a new paragraph (3 ^ 2) is inserted, with the following contents: (3 ^ 2) Forest land in the category of those provided in par. (3 ^ 1), which were the object of the establishment or reconstitution of the property right in favor of the respective cult structure or other structures of the same cult in the respective county. forest that belonged to the Romanian Academy is made by the land merging by the National Forest Regia-Romsilva, at the request of the Romanian Academy, if the old sites of the former owners do not affect, and in compliance with provisions Law no. 752/2001 on the organization and functioning of the Romanian Academy, with subsequent amendments and completions ------------ Alin. ((3 ^ 2) art. 29 29 of Law no. 1/2000 has been amended by section 1 1 of art. I of LAW no. 261 261 of 4 November 2008 , published in MONITORUL OFFICIAL no. 757 757 of 10 November 2008. " (3 ^ 3) If the areas covered by endowment or use have been legally assigned to other natural or legal persons, the structures of worship provided in par. (3 ^ 1) will be offered forest land areas on other sites, with the possibility of merging, on request, these surfaces, after the process of reconstitution of the property right will be completed. " ------------ Alin. ((3 ^ 3) art. 29 29 of Law no. 1/2000 has been introduced by section 2 2 of art. I of LAW no. 261 261 of 4 November 2008 , published in MONITORUL OFFICIAL no. 757 757 of 10 November 2008. 34. Article 29 ^ 1, paragraph 4 shall be repealed. 35. Article 30 is amended and shall read as follows: " Article 30. -In application of the Law on Land Fund Law no. 18/1991 ,, as amended by Law no. 169/1997 , as well as the present law, Romanian citizens have the same rights, whether at the time of registration of the application they were domiciled in the country or abroad 36. Article 31 shall be amended and shall read as follows: *): "" Art. 31. -(1) Construction on forest land that is retroceded by the effect of this law and which were part of the logging on the date of passage into state property shall be returned to the former owners or, as the case may be, to the heirs to them. (2) If such immovable property no longer exists, compensation will be awarded. ((3) Construction on forest land, including those for the correction of torrents, forest roads, forest cantons, hunting huts, nurseries, other forestry facilities, installations or fixed assets, including those located in execution course, located in the areas covered by the restitution, pass into the property of natural or legal persons who have been reconstituted the ownership of land. (4) The provisions of par. ((3) shall apply subject to the ownership of the minimum areas for the establishment of a forest detour, in individual property or in association with other natural or legal persons. (5) The goods referred to in par. (3) pass into private property with the obligation to keep their destination, their operation and maintenance being carried out by the forest detour that ensures the administration of the forest. (6) If the persons to whom the property is reconstituted do not meet the condition provided in par. (4) the reconstitution of the property right is made on other sites, established with the consent of the owners. (7) The headquarters of the forestry ocoals shall pass into the property of legal or natural persons if the area which is retroceded to them, individually or in association, is greater than half of the area administered by the previous forest detour Restitution. ((8) Objectives made as a result of financing from loans approved by Government Ordinance no. 28/1999 , Government Ordinance no. 97/2000 and Law no. 400/2003 pass into private property under the conditions of par. ((3) and (4). (9) The objectives currently being carried out financed by the loans referred to in par. ((8) pass into private property after the completion of the work in progress and the commissioning, co-financing and reimbursement by the budget of the central public authority responsible for forestry. " 37. Article 33 is amended and shall read as follows: "" Art. 33. -(1) I can ask for the reconstitution of the ownership and former owners who have been rejected their applications or have their property certificates changed or cancelled, their possession minutes or their property titles, by disregarding the provisions art. III of Law no. 169/1997 . Applications for reconstitution of the property right shall be deemed to be filed within even if they have been filed with commissions other than those competent according to the law; these commissions shall send the requests, ex officio, to the competent committees, notifying about this and entitled persons. Natural persons and legal persons who did not submit within the time limits provided by Law no. 169/1997 and the present law requests for the reconstitution of the right of property or, as the case may be, the supporting documents may make such requests until November 30, 2005 inclusive. 26 26 para. ((1) of the law, which are pending, the request may be made by the ad hoc initiative committee. ------------ Alin. ((1) art. 33 33 of Law no. 1/2000 has been amended by art. I of EMERGENCY ORDINANCE no. 127 127 of 15 September 2005 , published in MONITORUL OFFICIAL no. 851 851 of 21 September 2005. (2) In the event that after the submission of reconstitution applications, samples were administered attesting to other lands belonging to the applicants in the property, they shall be returned to them on the old sites, if they are free. " 38. Article 35 is amended and shall read as follows: (1) Forest occoals and current holders shall be responsible for the protection and protection of forest vegetation on the land requested by the former owners and after the possession, until the formation of the own security or administration structures or until the conclusion of management and security contracts with a forest detour, but not later than 180 days after the date of the possession. ------------ Alin. ((1) art. 35 35 of Law no. 1/2000 has been amended by section 3 3 of the single article of LAW no. 38 38 of 1 March 2006 , published in MONITORUL OFFICIAL no. 206 206 of 6 March 2006. (2) The travelor of the expenses related to these services, for the time period provided in par. ((1), shall be borne from the state budget. " ------------ Article 35 of Law no. 1/2000 has been amended by art. 17 of EMERGENCY ORDINANCE no. 139 139 of 5 October 2005 , published in MONITORUL OFFICIAL no. 939 939 of 20 October 2005. 39. Article 36 is amended and shall read as follows: "" Art. 36. -Individuals who have been established ownership by impropriety, by application Law no. 187/1945 for the implementation of the agrarian reform, but which were not actually awarded the land to which they were entitled or to which the award was annulled, to persons entitled to impropriety, entered in the nominal tables, as well as to persons who prove with papers from the military archives of the Ministry of Defense that they fought on the front and that they met the conditions provided by Law no. 187/1945 to be impropriety will be granted the respective land, agricultural and forestry, within the limits of available areas, or compensation. " ------------- Article 36 of Law no. 1/2000 was amended by the single article of LAW no. 212 of 24 October 2008, published in MONITORUL OFFICIAL no. 737 737 of 30 October 2008. 40. Article 37 is amended and shall read as follows: "" Art. 37. -The natural persons whose land has entered the composition of the former agricultural production cooperatives and, as a result of the mergers, have not been reconstituted their ownership under the conditions Law of Land Fund no. 18/1991 , are reconstituted the right of property under the conditions of this law, on the old sites, within the perimeter of the companies with state capital, if they were not awarded in accordance with art. 2 2 para. ((1) of this Law. " 41. Article 39 shall be repealed. 42. Article 40 is amended and shall read as follows: "" Art. 40. -For the areas on which the wood mass was exploited during the period between the validation of the requests for restitution and the possession of the owners, the National Forest Regia-Romsilva will grant them the benefit achieved, after the deduction operating expenses, and will bear the costs of afforestation of non-renewable areas. " 43. Article 42 shall be inserted after Article 41: "" Art. 42. -Applications or actions in the judiciary, requests for accessories and incidents, as well as the intabulation of title deeds resulting from the application Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions and the present law are exempt from stamp duty and judicial stamp. " + Article II (1) It is established within the National Authority for the Restitution of Properties a direction for the coordination of the application of the legislation in the field of land ownership restitution by the state administration institutions and the substantive commissions land, ensuring their unitary application of the regulations in the field. ------------ Alin. ((1) of art. II of Title VI has been amended by art. 46 of LAW no. 165 165 of 16 May 2013 published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. (2) Within the directorate will activate 40 persons taken over by transfer from other institutions and public authorities, led by a deputy chairman of the National Authority with the rank of undersecretary of state. (3) The 40 posts provided in par. (2), together with the related budgets, shall take over the Prime Minister's Chancellery The number of posts of the National Authority for Property Restitution will be supplemented by the number of posts taken from other institutions and public authorities, so that the maximum number of posts will be 131, excluding dignitaries and posts related to dignitaries ' offices. + Article III Natural persons and legal entities may make requests for reconstitution of the property right for surface differences that can be returned according to this law, until November 30, 2005 inclusive. ------------ Art. III of Title VI has been amended by art. II of EMERGENCY ORDINANCE no. 127 127 of 15 September 2005 , published in MONITORUL OFFICIAL no. 851 851 of 21 September 2005. + Article IV The Government will amend, within 30 days from the date of entry into force of this Law, the Regulation approved by Government Decision no. 1172/2001 ,, as amended. + Article V Compensation granted according to Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, and Law no. 1/2000 , with subsequent amendments and completions, as amended by this law, will follow the procedure and will be subject to the provisions on granting compensation from Title VII. + Article VI Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , published in the Official Gazette of Romania, Part I, no. 8 of January 12, 2000, with subsequent amendments and completions, will be republished, giving the texts a new numbering. + Title VII Regime of establishment and payment of damages related to buildings improperly taken over + Chapter I General provisions + Article 1 (1) The present law regulates the sources of financing, the amount and the procedure for granting damages related to buildings that cannot be returned in kind, resulting from the application Law no. 10/2001 on the legal regime of immovable property improperly taken over the period from 6 March 1945 to 22 December 1989, republished, Government Emergency Ordinance no. 94/2000 on the restitution of immovable property belonging to religious cults in Romania, with subsequent amendments and completions, approved with amendments and completions by Law no. 501/2002 ,, a Government Emergency Ordinance no. 83/1999 on the return of immovable property belonging to the communities of citizens belonging to national minorities in Romania, approved with amendments by Law no. 66/2004 ,, as amended. ((2) The provisions of this Title are also applicable to the compensation proposed by the reasoned decision of the head of the public institution involved in the privatization or, as the case may be, by order of the Minister art. 32 32 para. ((3) of Law no. 10/2001 . ((3) Compensation granted on the basis of Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , with subsequent amendments and completions, will follow the procedure and will be subject to the provisions on granting compensation from this law. ((4) Abrogat. ------------ Alin. ((4) of art. 1 1 has been repealed by section 6.6. 1 1 of the single article of EMERGENCY ORDINANCE no. 93 93 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. ((5) Abrogat. ------------ Alin. ((5) of art. 1 1 has been repealed by section 6.6. 2 2 of the single article of EMERGENCY ORDINANCE no. 93 93 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. + Article 2 In order to ensure the financial resources necessary to grant compensation in accordance with the provisions of this law the Property Fund operates as a collective investment enterprise, in the form of a closed-type investment company, with legal personality, of the category of other collective investment undertakings. ------------ Article 2 has been amended by section 2. 2 2 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 3 Within the meaning of this title, the following expressions and terms shall have the following meanings: a) the securities are certified issued by the Central Commission for the Establishment of Compensation, on behalf of and on behalf of the Romanian state, which incorporates the rights of claim of the holders on the Romanian state, corresponding to the compensation granted under the present law and to be capitalized by their conversion into shares issued by the "Property" Fund and/or, as the case may be, according to the option of the holder or the holders enrolled in them, by their exchange against payment securities, within the limits and conditions provided for in this Law. The securities may not be sold, purchased, secured or transferred in any other way, for consideration or free of charge, with the exception of their acquisition as a result of the succession. The acts of alienation of the securities, with the exception of transmission as a result of the succession, are hit by absolute nullity. Indemnity securities are not participation titles of other collective investment undertakings (AOPC) and do not fall under the scope of Law no. 297/2004 on the capital market, with subsequent amendments and completions, and the regulations issued by the National Securities Commission in its application *). ------------ Letter a) of art. 3 3 has been amended by section 4.2 3 3 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. b) The "Property" Fund is that entity intended to make the payment by equivalent of the damages related to the buildings improperly taken over by the Romanian state during the reference period of the normative acts provided in art. 1 1 para. ((1) and those related to claims resulting from the application art. 32 32 of Law no. 10/2001 on the legal regime of immovable property improperly taken over the period from 6 March 1945 to 22 December 1989, republished; c) the entity vested with the settlement of the notification is, as the case may be, the holding unit or legal person empowered by the law to settle a notice of a good that is not in its patrimony (the Authority for Assessing the Assets State, Ministry of Public Finance, other central or local public authorities involved); d) evaluator is a natural or legal person with significant experience in the field, competence in valuation on the real estate market, who knows, understands and can correctly implement those recognized methods and techniques that are necessary to carry out a credible assessment in accordance with the International Standards of Evaluation, and which is a member of a national professional assessment association recognised as being of public utility having the status of an assessor independent; e) The International Standards of Evaluation are the standards edited by the International Valuation Standards Committee (IVSC); f) the offer of capital available is the offer of privatization by restitution launched and carried out, in whole or in part, until the date of this law, by any of the entities involved in the privatization process and intended exclusively for persons entitled, to benefit from the measure of compensation for damage created by shares or securities, granted on the basis of Law no. 10/2001 on the legal regime of immovable property improperly taken over the period from 6 March 1945 to 22 December 1989, republished; g) title of invalid nominal value is any title of nominal value issued by the Ministry of Public Finance, not used by the holder or its registered acquirer, within the privatization process in accordance with the with the provisions Law no. 10/2001 on the legal regime of immovable buildings improperly taken over from 6 March 1945 to 22 December 1989, republished, with subsequent amendments and completions, and which converts into securities, by decision of the Central Commission for Establishment Of Compensation, according to the procedure provided for in this Law; on the date of entry into force of this Law, the circulatory power of securities of invalid nominal value ceases. ------------ Letter g) of art. 3 3 has been amended by section 4.2 3 3 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. h) the payment securities are certified issued by the National Authority for the Restitution of Properties, on behalf of and on behalf of the Romanian state, which incorporates the rights of claim of the holders on the Romanian state, to receive, in cash an amount of maximum 500,000 lei. The amounts related to cash compensation are paid in two instalments, over two years, calculated from the date of issue of the payment title, up to the amount of 500,000 lei, even if the value of the securities exceeds this amount. The amounts related to cash compensation in the amount of maximum 250,000 lei will be paid in a single tranche. Cash compensation of more than 250,000 lei but up to 500,000 lei will be paid as follows: the first tranche of cash compensation will be in the amount of 250,000 lei, the second tranche of compensation will be represented by the difference between the amount total of cash compensation and the amount of 250,000 lei. The amount of up to 500,000 lei is to be granted for each compensation file, with the mention that if the object of the refund requests, although identical, was disjuns, the restitution claims being resolved by different entities, the respective files will be related, counting to be a single indemnity file *); ------------ Letter h) of art. 3 3 was introduced by section 4.2. 4 4 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. i) the conversion titles are certified issued by the National Authority for Property Restitution, on behalf of and on behalf of the Romanian state, which incorporates the rights of claim of the holders on the Romanian state and to be capitalized by their conversion into shares issued by the "Property" Fund. The conversion titles may not be sold, purchased, given as collateral or transferred in any other way as onerous or free of charge, with the exception of their acquisition as a result of the succession. Acts of alienation of conversion titles with the exception of transmission as a result of succession shall be struck by absolute nullity. The conversion titles are not the participation titles of the AOPC and do not fall under the scope Law no. 297/2004 , with subsequent amendments and completions, and regulations issued by the National Securities Commission in its application *); ------------ Letter i) of art. 3 3 was introduced by section 4.2. 4 4 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. j) investor is the natural or legal person holding shares issued by the Property Fund. ------------ Letter j) of art. 3 3 was introduced by section 4.2. 4 4 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 4 The principles for granting participation titles in the fund are as follows: a) the granting of fair and equitable compensation in relation to domestic and international jurisdictional practice with the object of cases establishing compensation for buildings improperly taken over by the Romanian state; b) non-capping by law of compensation granted according to the provisions of this law. + Article 5 (1) The securities have the following legal regime and characteristics: a) the rights established by the indemnity securities may not be sold, bought, given under warranty or transferred in any other way, for consideration or free of charge, with the exception of their acquisition as a result of the succession. Acts of alienation of these rights, with the exception of transmission as an effect of succession, shall be struck by absolute nullity; ------------ Letter a) a par. ((1) of art. 5 5 has been amended by section 4.2 5 5 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. b) repealed; ---------- Lit. b) a par. ((1) of art. 5 5 has been repealed by section 6.6. 11 11 of para. ((1) art. 502 of LAW no. 227 227 of 8 September 2015 published in MONITORUL OFFICIAL no. 688 688 of 10 September 2015. c) have a limited duration of existence and circulation, respectively until the conversion into shares issued by the "Property" Fund and/or, as the case may be, according to the option of the holder or the holders registered in them, until their exchange against titles payment, within the limits and under the conditions provided by this law; ------------ Letter c) a par. ((1) of art. 5 5 has been amended by section 4.2 5 5 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. d) will be issued by the Central Commission for the Establishment of Compensation (2) Within no more than 45 days after the entry into force of this Law, the securities of non-denominated nominal value shall be immobilized by the Central Commission for the Establishment of Compensation, and converted into securities. ((3) In order to capitalize on the securities, the payment securities, the conversion securities, as the case may be, the amount of compensation referred to in the indemnity decisions/respective securities shall be rounded to the leu by increase for the fractions of more than 50 money inclusive and by neglecting fractions of up to 49 money inclusive. ------------ Alin. ((3) of art. 5 5 has been introduced by section 6 6 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Chapter II Fund "Property" + Article 6 ((1) By way of derogation from the provisions on the establishment of closed-type investment companies in Law no. 297/2004 , with subsequent amendments and completions, by Government decision, the "Property" Fund is organized as a collective investment enterprise, from the category of other collective investment undertakings (AOPC), in the form of a type investment company closed, provided for art. 114 114 para. ((1) lit. b) of Law no. 297/2004 , with subsequent amendments and completions. The "Property" Fund operates in accordance with the provisions of this Law Where this law does not have the provisions properly applied Law no. 297/2004 , with subsequent amendments and completions, and, in addition, the provisions Law no. 31/1990 on companies, republished, with subsequent amendments and completions. ------------ Alin. ((1) of art. 6 6 has been amended by section 7 7 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. (2) The Government's decision on the establishment of the "Property" Fund will explicitly contain the legal framework applicable to the functioning of that company, as well as its constitutive act. The articles of association can be modified by the decision of the general meeting of the shareholders of the Commercial Company "Fondul Property"-S.A., in compliance with Law no. 31/1990 on companies, republished, with subsequent amendments and completions, and of Law no. 297/2004 on the capital market, with subsequent amendments and completions, and only with the prior opinion of the National Securities Commission. ------------ Alin. ((2) art. 6 6 has been amended by section 1 1 of the single article of LAW no. 142 142 of 12 July 2010 , published in MONITORUL OFFICIAL no. 483 483 of 14 July 2010, which complements the single article of Title I of the EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007, with point 7 7 ^ 1. + Article 7 (1) The "Property" Fund operates in the form of a closed-type investment company, initially wholly owned by the Romanian State, as a sole shareholder, until the transmission of shares of state property to individuals or legal, according to this law. The transmission of shares from state property is carried out either by direct transfer to the compensated persons, respectively the holders of indemnity and/or conversion securities, or to the persons who subscribe in the offer/offers public sale launched by the Ministry of Public Finance. The Ministry of Public Finance will be able to run the public offer for sale Law no. 297/2004 , with subsequent amendments and completions, and regulations of the National Securities Commission. ------------ Alin. ((1) art. 7 7 has been amended by section 2 2 of the single article of LAW no. 142 142 of 12 July 2010 , published in MONITORUL OFFICIAL no. 483 483 of 14 July 2010, amending section 8 8 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. (2) The "Property" Fund is registered with the National Securities Commission, as another collective investment enterprise (AOPC), of a special type constituted for the purpose of granting damages related to buildings that cannot be returned in kind, distinct from other categories of AOPC mentioned in the regulations of the National Securities Commission, based on the following documents: a) the registration certificate at the Trade Register Office, in certified copy; b) the conclusion of the delegated judge of the Trade Register Office authorizing the establishment of the "Property" Fund and its registration, in copy; c) the storage contract concluded with an authorized depositary, in original and in authentic form; d) the constitutive act of the "Property" Fund, in copy; e) the list of specimen signatures for the representatives of the "Property" Fund in relation to the National Securities Commission; f) the evaluation report prepared according to art. 9 ^ 2 para. ((2); g) for the representative of the internal control department, the documents provided in art. 34 34 para. ((1) of Regulation of the National Securities Commission no. 15/2004 concerning the authorisation and operation of investment management companies, collective investment undertakings and depositaries, approved by Order of the President of the National Securities Commission no. 67/2004 ,, as amended; h) internal regulations of the "Property" Fund, in original, having the content established in the regulation of the National Securities Commission referred to in lett. g); i) for members of the Supervisory Board of the "Property" Fund, the documents provided in art. 19 19 para. ((1) lit. d) of Regulation of the National Securities Commission no. 15/2004 ,, as amended; j) prospectus drawn up in compliance with the provisions of 809/2004 809/2004 on the implementation of Directive 2003 /72/EC on information to be included in the prospectuses and on the form, references to other information, publication of prospectuses and dissemination of advertising notices, published in the Official Journal of the European Communities No 149 149 of 30 April 2004. ((3) Abrogat. ------------ Alin. ((3) art. 7 7 has been repealed by section 6.6. 3 3 of the single article of LAW no. 142 142 of 12 July 2010 , published in MONITORUL OFFICIAL no. 483 483 of 14 July 2010, amending section 8 8 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. ------------ Article 7 has been amended by section 7. 8 8 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 7 ^ 1 (1) From the date of establishment of the "Property" Fund until the date of entry into force of the contract concluded by the "Property" Fund with the management company, the Supervisory Board of the Property Fund shall carry out all operations of its administration, including with regard to the management of the financial instruments portfolio of the "Property" Fund, by the conclusion of provisions on the assets and amounts that have been or will be transferred under this law or acquired in any other way after the establishment of the "Property" Fund. (1 ^ 1) By the constitutive act of the Property Fund it may be stipulated that it is administered by the administration bodies/body, as they are/is regulated/regulated by the provisions Law no. 31/1990 on companies, republished, with subsequent amendments and completions. ------------ Alin. ((1 ^ 1) of art. 7 ^ 1 was introduced by section 1. 3 3 of the single article of EMERGENCY ORDINANCE no. 93 93 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. (2) The Ministry of Economy and Finance shall jointly respond with the Supervisory Board of the "Property" Fund for decisions adopted until the date of entry into force of the contract concluded with the management company. (3) The investment policy shall be established by the Supervisory Board of the "Property" Fund or the management company, as the case may be, in compliance with the following investment limitations: a) The "Property" Fund may invest in all categories of assets referred to in art. 101 101 para. ((1) and art. 102 102 para. ((1) lit. b) of Law no. 297/2004 , as amended and supplemented, under the conditions of this Article; b) The "Property" Fund may not hold more than 20% of its assets in securities and money market instruments, not admitted to trading, except for government securities and bonds issued by the Ministry of Economy and Finance, where the holding limit is not established. In the calculation of the holding limit in securities not admitted to trading, shall be excluded from the value of assets not admitted to trading the securities not admitted to trading acquired from the Romanian state under this law, represented by the Ministry of Economy and Finance, the Ministry of Communications and Information Technology, the Authority for the Valorisation of State Assets and the Ministry of Transport and from S.C. Electrica S.A.; c) "Property" Fund may invest in deposits constituted in accordance with the provisions art. 101 101 para. ((1) lit. e) of Law no. 297/2004 ,, with subsequent amendments and completions, and in instruments of the money market referred to in art. 101 101 para. ((1) lit. a), b) and g) of Law no. 297/2004 and can hold current accounts and cash in lei and foreign currency; d) The "Property" Fund may acquire only those movable and immovable property necessary for carrying out its activity; e) The "Property" Fund may not hold more than 10% of its assets in the securities referred to in par. ((4) and in the money market instruments referred to in art. 101 101 para. ((1) lit. a) and b) of Law no. 297/2004 , with subsequent amendments and completions, issued by a single issuer, except for government securities; ---------- Lit. e) a par. ((3) of art. 7 7 ^ 1, Chapter II, Title VII has been amended by point 1 1 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. e ^ 1) shall be exempted from compliance with the limit laid down in lett. e) securities acquired from the Romanian state under this law; ---------- Lit. e ^ 1) a par. ((3) of art. 7 7 ^ 1, Chapter II, Title VII was introduced by item 2 2 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. e ^ 2) until the moment of diminishing the holding related to the securities referred to in lett. e ^ 1), below the limit provided in lett. e), the "Property" Fund is prohibited from the purchase of securities issued by the same issuer and which were acquired from the Romanian state, except for those related to the exercise of preference rights, in which case the provisions of lett. k); ---------- Lit. e ^ 2) a par. ((3) of art. 7 7 ^ 1, Chapter II, Title VII was introduced by item 2 2 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. f) the "Property" Fund may not hold more than 10% of its assets in financial instruments issued by entities belonging to the same group; g) The "Property" Fund may not hold more than 10% of its assets in shareholdings issued by UCITS and/or AOPC; h) the value of current accounts and cash held by the "Property" Fund shall not exceed 20% of its assets. The calculation of this limit shall be excluded from the value of assets the cash acquired from the Romanian State under the provisions of this Title This limit may be extended up to a maximum of 50% under the condition that those amounts come from placements maturing or from the sale of financial instruments in the portfolio and that excess does not extend over a longer period. for 90 days; i) the value of bank deposits constituted by the "Property" Fund at the same credit institution may not represent more than 10% of its assets; j) the exposure of the "Property" Fund to counterparty risk in a derivative transaction traded outside the regulated markets may not exceed 10% of its assets, regardless of the counterparty of the transaction, and the exposure the overall amount of the financial derivatives cannot exceed 15% of the total allocation of its net asset; k) The "Property" Fund may exceed the limits on investments in financial instruments that are included in the asset or in the case of exercising the rights of subscription preference related to them, provided that the excess does not extend over a period of more than 120 calendar days; ---------- Lit. k) a par. ((3) of art. 7 7 ^ 1, Chapter II, Title VII has been amended by point 3 3 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. l) in the case of holdings of securities not admitted to trading acquired from the Romanian state under this law, according to the provisions of lett. b), the "Property" Fund will be able to exercise the right of preference related to the respective holdings, in this case the provisions of lett. k). ---------- Lit. l) a par. ((3) of art. 7 7 ^ 1, Chapter II, Title VII was introduced by item 4 4 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. (4) The "Property" Fund invests at least 20% of its assets in: a) securities entered into trading on a regulated market as defined in art. 125 125 of Law no. 297/2004 , with subsequent amendments and completions, or traded within an alternative trading system, in Romania or in a Member State of the European Union; b) securities admitted to the official share of a scholarship from a non-member state of the European Union or negotiated on another regulated market in a non-member state of the European Union, which operates on a regular basis and is recognized and open the public, provided that the choice of the scholarship or regulated market is in advance approved by the National Securities Commission or found in the Articles of Association of the Property Fund approved by the National Commission of Values Securities; c) newly-issued securities, under the conditions art. 101 101 para. ((1) lit. c) of Law no. 297/2004 , with subsequent amendments and completions; d) participation titles issued by the UCITS and/or AOPC art. 101 101 para. ((1) lit. d) of Law no. 297/2004 , with subsequent amendments and completions; e) securities issued by UCITS and/or AOPC, admitted to trading on a regulated market or traded within an alternative trading system. (5) The investment limits referred to in par. (3) and (4) may be amended by law, with the prior opinion of the National Securities Commission. ------------ Alin. ((5) art. 7 ^ 1 has been amended by section 4.2 4 4 of the single article of LAW no. 142 142 of 12 July 2010 , published in MONITORUL OFFICIAL no. 483 483 of 14 July 2010, amending section 9 9 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. ------------ Article 7 ^ 1 has been introduced by item 1. 9 9 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 8 Repealed. ---------- Article 8, Chapter II, Title VII has been repealed by point 5 5 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. + Article 9 (1) At the establishment, the initial share capital of the "Property" Fund shall consist of the following assets: a) the shares held by the Authority for the valorisation of the State's assets to companies, according to b) the shares held by the Office of State Participations and Privatization in Industry at various companies, according to the Annex; c) actions held by the Ministry of Public Finance at various companies, according to the Annex; d) actions held by the Ministry of Transport, Construction and Tourism at various companies, according to the Annex; e) the shares held by the Ministry of Communications and Information Technology at various companies, according to the Annex; f) other types of assets established by the Government decision establishing the "Property" Fund, in compliance with the provisions Law no. 31/1990 , republished, with subsequent amendments and completions. ------------ Lit. f) a par. ((1) of art. 9 9 has been amended by section 4.2 10 10 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. ((2) Abrogat. ---------- Alin. ((2) of art. 9 9, Chapter II, Title VII was repealed by point 6 6 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. ((3) Abrogat. ------------- Alin. ((3) of art. 9 9 was repealed by lit. a) a art. 3 of EMERGENCY ORDINANCE no. 91 91 of 13 October 2010 , published in MONITORUL OFFICIAL no. 701 701 of 20 October 2010. + Article 9 ^ 1 ((1) By way of derogation from provisions Law no. 31/1990 , republished, with subsequent amendments and completions, the initial share capital is considered subscribed and fully paid up by the Romanian state, by the effect of the law, provided that the Commercial Company "Property"-S.A. Trade Register. The value of the initial share capital of the "Property" Fund is determined by Government decision. (2) The Authority for the Valorisation of State Assets, as the sole shareholder of the Commercial Distribution and Power Supply Company-Electrica-S.A., is mandated to order the representatives of this company as in the framework of the general meetings of the companies to which the Property Fund received stakes from Electrica-S.A. to mandate the boards to register the Property Fund in the registers of the shareholders of the respective companies. The Authority for the Valorisation of State Assets, as a sole shareholder, can proceed to the reduction of the share capital of the Commercial Company of Distribution and Supply of Electricity-Electrica-S.A. ((3) From the date of establishment of the Property Fund until the updating of the registers of the shareholders of companies, national companies and national companies listed in the Annex, the non-patrimonial rights attached to the The "Property" Fund is exercised by the Ministry of Economy and Finance, the Ministry of Communications and Information Technology, the Authority for the Valuation of State Assets, the Ministry of Transport, respectively by the Society Commercial Distribution and Supply of Electric Power-Electrica-S.A. in the company referred to in paragraph 1 ((2). ((4) Abrogat. ---------- Alin. ((4) of art. 9 9 ^ 1, Chapter II, Title VII was repealed by point 7 7 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. ((5) Abrogat. ---------- Alin. ((5) of art. 9 9 ^ 1, Chapter II, Title VII was repealed by point 7 7 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. ((6) Abrogat. ---------- Alin. ((6) of art. 9 9 ^ 1, Chapter II, Title VII was repealed by point 7 7 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. ((7) Abrogat. ---------- Alin. ((7) of art. 9 9 ^ 1, Chapter II, Title VII was repealed by point 7 7 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. ((8) Until 31 December 2007, the companies, the national companies and the national companies listed in the Annex whose share capital is wholly owned by the "Property" Fund and the Romanian State, by the entities mentioned to art. 9 9 para. ((1) lit. a)-e), will modify their constituent acts in order to ensure their compliance with the provisions of this Law and of Law no. 31/1990 , republished, with subsequent amendments and completions. Entities referred to in art. 9 9 para. ((1) lit. a)-e) will ensure the modification of the constituent acts, in order to ensure their compliance with the provisions of this law Law no. 31/1990 , republished, with subsequent amendments and completions. ------------ Article 9 ^ 1 has been introduced by item 1. 13 13 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 9 ^ 2 ((1) The valuation of assets forming the initial share capital of the "Property" Fund shall be carried out, in the case of companies, national companies and national companies not admitted to trading, by the equity method recorded on 31 December 2004, and in the case of those admitted to trading, on the basis of the weighted average price of the last 90 trading sessions, with the obligation to fulfil the deadline of 90 trading sessions with no more than 60 trading sessions prior to the date of adoption of the judgment The Government on the establishment of the "Property" Fund, by the Government's decision on the establishment of the "Property" Fund will be determined the date of fulfillment of the deadline of 90 trading sessions. In the case of companies, national companies and national companies admitted to trading for which, during the above mentioned reference period, no transactions with shares representing cumulatively more than 0,3% of the total share capital of the respective issuer registered in the shareholders ' register on the date of completion of the 90 trading sessions, shall be used the valuation method applicable to companies, national companies and national companies not admitted to trading. In the case of companies that did not submit the financial statements for 2004 to the territorial units of the Ministry of Economy and Finance, the last annual financial statements registered with the territorial units of Ministry of Economy and Finance. (2) After the registration of the "Property" Fund, but prior to registration with the National Securities Commission according to art. 7 7 para. (2), the "Property" Fund contracts valuation services with companies registered with the National Securities Commission that, based on the reference deadlines and evaluation methods established according to par. (1) and, if applicable, of the Government's decision for the establishment of the "Property" Fund, analyze the correlation between the value of the assets that form the share capital of the "Property" Fund and the value of the share capital of the established by the Government decision on the establishment of the Property Fund. The selection of the assessor takes place based on an open and transparent competitive procedure. (3) If the evaluation report finds that the value of the assets reported does not coincide with the amount of the initial share capital established by the Government decision on the establishment of the "Property" Fund, the following shall be a) if the value of the assets is higher-the share capital of the "Property" Fund shall be increased accordingly, the shares fully returning to the Romanian state. The increase operation shall be carried out by law, the operation being registered with the Trade Register Office based on the decision of the Supervisory Board of the "Property" Fund, adopted pursuant to the evaluation report; b) if the value of the assets is lower-the shares corresponding to the missing value shall be considered unpaid and belong entirely to the Romanian state. (4) Until the date of the full payment, the unpaid shares are preserved in the account of the Romanian state at the central depository and cannot be sold or transmitted to the compensated persons and to the holders of securities or conversion securities. (5) Unpaid shares shall not be taken into account when determining the unit value of the net asset of the "Property" Fund and do not entitle the distribution of the company's asset in the event of its liquidation. (6) Unpaid shares shall not be taken into account when determining the present quorum in the general meetings of the shareholders and shall not give the right to vote. (7) Unpaid shares shall be progressively released, as the Romanian State shall turn to the "Property" Fund, its value, in cash or in kind, from sources and under this law and the regulations issued in its application. ((8) By way of derogation from provisions Law no. 31/1990 , republished, with subsequent amendments and completions, is reduced the share capital of the "Property" Fund from 14.240.540.675 lei to 13.757.592.587 lei, by cancelling a number of 482,948,088 unpaid shares belonging to the Romanian state, represented by the Ministry of Public Finance ------------ Alin. ((8) art. 9 ^ 2 was introduced by section 4.2. 6 6 of the single article of LAW no. 142 142 of 12 July 2010 , published in MONITORUL OFFICIAL no. 483 483 of 14 July 2010, amending section 13 13 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. (9) By way of derogation from provisions Law no. 31/1990 , republished, with subsequent amendments and completions, the reduction of social capital referred to in par. (8) will be registered at the trade register office on the basis of the decision of the Supervisory Board of the "Property" Fund. The decision of the Supervisory Board of the "Property" Fund regarding the reduction of social capital will be published in the Official Gazette of Romania, Part IV, and will have the same regime as the decisions of the general meeting of shareholders, in what concerns their advertising and the possibility of contesting in court. ------------ Alin. ((9) art. 9 ^ 2 was introduced by section 4.2. 6 6 of the single article of LAW no. 142 142 of 12 July 2010 , published in MONITORUL OFFICIAL no. 483 483 of 14 July 2010, amending section 13 13 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. (10) By way of derogation from provisions art. 208 208 para. ((1) of Law no. 31/1990 , republished, with subsequent amendments and completions, the reduction of the share capital will be made immediately after the publication of the reduction decision in the Official Gazette of Romania, Part IV. ------------ Alin. ((10) art. 9 ^ 2 was introduced by section 4.2. 6 6 of the single article of LAW no. 142 142 of 12 July 2010 , published in MONITORUL OFFICIAL no. 483 483 of 14 July 2010, amending section 13 13 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. ------------ Article 9 ^ 2 was introduced by the section 13 13 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 10 ((1) Abrogat. ---------- Alin. ((1) of art. 10 10, Chapter II, Title VII was repealed by point 8 8 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. ((2) Abrogat. ---------- Alin. ((2) of art. 10 10, Chapter II, Title VII was repealed by point 8 8 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. ((3) Abrogat. ---------- Alin. ((3) of art. 10 10, Chapter II, Title VII was repealed by point 8 8 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. + Article 10 ^ 1 Any payment made by the Romanian state to the "Property" Fund, in cash or nature, under this law, shall be considered made as a priority to extinguish the obligation to pay the shares subscribed and unpaid, without distinction or distribution between sources or amounts. ---------- Article 10 ^ 1, Chapter II, Title VII has been amended by point (a). 9 9 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. + Article 11 ((1) The entities referred to in art. 9 9 para. ((1) have the obligation by September 30, 2007 to initiate the legal procedures necessary for the conduct of initial or secondary public offers of sale for packages of shares of at least 5% issued by companies, companies national and national companies set out in the Annex, in order to admit their shares in trading in trading systems managed by S.C. Bucharest Stock Exchange-S.A. The procedures for admission to trading will be completed no later than 31 December 2014. ----------- Alin. ((1) of art. 11 11 has been amended by art. I of LAW no. 337 337 of 10 December 2013 published in MONITORUL OFFICIAL no. 777 777 of 12 December 2013. (2) The obligation provided in par. ((1) shall not apply to: a) companies, national companies and national companies subject to a privatization strategy to a strategic investor approved by the Romanian Government, in which case the public institution involved determines the opportunity and the conditions of the initiation, conduct and conclusion of secondary public tenders for sale for packages of shares of at least 5%; b) companies, national companies and national companies in which the entities referred to in art. 9 9 para. ((1) hold a number of shares that, together with those held by the Property Fund, do not give them sufficient voting rights to adopt the decisions mentioned in par. ((1); c) companies, national companies and national companies which do not meet the minimum requirements relating to the issuer and actions set out in the Law no. 297/2004 , with subsequent amendments and completions. ------------ Article 11 has been amended by section 1. 16 16 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 12 (1) The "Property" Fund will be administered by the governing bodies, as regulated by the Articles of Association of the "Property" Fund, approved by the decision of the extraordinary general meeting of shareholders, in accordance with provisions Law no. 31/1990 , republished, with subsequent amendments and completions. ------------ Alin. ((1) art. 12 12 has been amended by section 7 7 of the single article of LAW no. 142 142 of 12 July 2010 , published in MONITORUL OFFICIAL no. 483 483 of 14 July 2010, amending section 17 17 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. ((2) Abrogat. ---------- Alin. ((2) of art. 12 12, Chapter II, Title VII was repealed by point 10 10 of art. II of LAW no. 10 10 of 8 January 2015 , published in MONITORUL OFFICIAL no. 22 22 of 12 January 2015. (3) The initial social capital of the "Property" Fund is divided into shares held by the Ministry of Public Finance. Some of these may be sold by the Ministry of Public Finance through stock market operations authorized by market operator regulations or applicable law, and the other party will be distributed to the holders of the indemnity securities or of conversion titles, as the case may be, under the law. The shares will be distributed to the persons mentioned in this article by converting the securities or conversion securities, as the case may be, into shares issued by the "Property" Fund, according to the mechanism provided for the head. V ^ 1. The conversion of these securities into shares issued by the "Property" Fund determines the settlement of receivables found by these securities. ------------ Alin. ((3) art. 12 12 has been amended by section 8 8 of the single article of LAW no. 142 142 of 12 July 2010 , published in MONITORUL OFFICIAL no. 483 483 of 14 July 2010, amending section 17 17 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. (4) The "Property" Fund will be admitted to trading on the regulated spot market administered by S.C. Stock Exchange Bucharest-S.A. and without the promotion of a public offer. Admission to trading on the regulated spot market administered by S.C. The Bucharest Stock Exchange-S.A. is carried out on the basis of the prospectus mentioned in art. 7 7 para. ((2) lit. j), updated, as appropriate, in accordance with the provisions of par. ((4 ^ 1). ------------ Alin. ((4) art. 12 12 has been amended by section 8 8 of the single article of LAW no. 142 142 of 12 July 2010 , published in MONITORUL OFFICIAL no. 483 483 of 14 July 2010, amending section 17 17 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. (4 ^ 1) In the period between the date of drawing up the prospectus referred to in art. 7 7 para. ((2) lit. j) and the date of admission to trading, the occurrence of any new event or the modification of the initial information presented within the prospectus must be subject to an amendment approved by the National Securities Commission. The request for admission to trading on the regulated market administered by S.C. Bucharest Stock Exchange-S.A. will be made no later than 90 working days from the date of registration with the National Securities Commission. ------------ Alin. ((4 ^ 1) art. 12 12 has been introduced by section 9 9 of the single article of LAW no. 142 142 of 12 July 2010 , published in MONITORUL OFFICIAL no. 483 483 of 14 July 2010, amending section 17 17 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. (5) In case of launch by the Ministry of Public Finance of a secondary public offer for sale, the prospectus for the conduct of secondary public offer will be the same as the prospectus mentioned in 7 7 para. ((2) lit. j), updated with sufficient information about the terms of the offer and the securities offered, if applicable, so as to allow investors to adopt a decision on the purchase of those securities. The secondary public offer for sale launched by the Ministry of Public Finance will be carried out in compliance with Law no. 297/2004 , with subsequent amendments and completions. The Government Decision establishes the number of actions to be offered during the sale and the conditions under which the launch and conduct of the secondary public offer for sale takes place. ------------ Alin. ((5) art. 12 12 has been amended by section 10 10 of the single article of LAW no. 142 142 of 12 July 2010 , published in MONITORUL OFFICIAL no. 483 483 of 14 July 2010, amending section 17 17 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. (6) After the admission to trading of the shares of the "Property" Fund, the Ministry of Economy and Finance may carry out other public offers for sale and sell or buy shares issued by the "Property" Fund under the law. ((7) The dismissal of shares on the regulated market administered by the Bucharest Stock Exchange S.A. shall be made by derogation from the provisions of art. 213 213 para. 1 lit. c) and art. 215 215 on the full payment of the shares and art. 217 217 of Law no. 297/2004 , with subsequent amendments and completions. The "Property" fund may initiate the procedure necessary for the admission of its shares to trading on international financial instrument markets. (8) Unpaid shares shall be traded only after the submission to the National Securities Commission of the proof of their full payment, which consists of the registration certificate of mentions issued by the Trade Register Office and in a confirmation issued by a financial auditor/appraiser registered with the National Securities Commission. (9) The National Securities Commission shall adopt regulations for the enforcement of the provisions of this law relating to the operation and registration by the National Securities Commission of the "Property" Fund, as well as in trading the shares issued by him. ------------ Article 12 has been amended by section 4.2. 17 17 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 12 ^ 1 (1) The shares issued by the "Property" Fund give the right to vote, under the conditions mentioned below: a) in the case of a stake held by a shareholder representing up to 1% inclusive, of the paid-up share capital of the "Property" Fund, each share entitles to a vote; b) in the case of a stake held by a shareholder representing up to 3% inclusive, of the paid-up share capital of the "Property" Fund, the shares representing up to 1% inclusive, of the paid share capital of the "Property" Fund entitle in one vote each, and the shares representing between 1% and 3% inclusive, two actions give the right to a vote; c) in the case of a stake held by a shareholder representing up to 5% inclusive, of the paid-up share capital of the "Property" Fund, the shares representing up to 1% inclusive, of the paid share capital of the "Property" Fund entitle in one vote each, the shares representing between 1% and 3% inclusive, two shares give the right to a vote, and the shares representing between 3% and 5% inclusive, three actions give the right to a vote, d) the holdings owned by a shareholder representing over 5% give the right to vote as follows: the shares representing up to 1% inclusive, of the paid share capital of the "Property" Fund entitle to one vote each, the shares representing between 1% and 3% inclusive, two actions give the right to a vote, the shares representing between 3% and 5% inclusive, three shares give the right to a vote, and the shares representing more than 5% do not confer the right to vote. (2) The provisions of paragraph (1) shall not apply to the Ministry of Economy and Finance. ((3) For the validity of the deliberations of the extraordinary general meeting of the shareholders for the adoption of a decision on the increase of the share capital, with the exception of capital increases that are carried out by law, the early dissolution of the "Property" Fund is necessary, both at the first and second convoys, with the presence of shareholders representing at least 50% of the total number of voting rights. ((4) Abrogat. ------------ Alin. ((4) art. 12 ^ 1 was repealed by section 1. 11 11 of the single article of LAW no. 142 142 of 12 July 2010 , published in MONITORUL OFFICIAL no. 483 483 of 14 July 2010, amending section 18 18 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. (5) After the date on which the State's stake falls below 33% of the paid-up share capital of the "Property" Fund, shareholders may decide on the right to vote according to the number of shares and the quorum, in compliance with the provisions common law in the matter. ------------ Article 12 ^ 1 was introduced by item 1. 18 18 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Chapter III Institutional measures + Article 13 Repealed. ----------- Article 13 was repealed by the letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 13 ^ 1 The National Authority for Property Restitution coordinates the process of granting compensation by carrying out the activities provided for in special normative acts, as well as the activities necessary to implement this law, including the issuance of payment securities, conversion securities, the making of the conversion into shares and the payment of cash compensation. ------------ Article 13 ^ 1 was introduced by item 1. 20 20 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 14 Repealed. ------------- Article 14 was repealed by the letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 14 ^ 1 Repealed. ------------ Article 14 ^ 1 was repealed by letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 14 ^ 2 Repealed. ------------ Article 14 ^ 2 was repealed by letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Chapter IV Corruption measures + Article 15 In order to avoid possible fraud or attempts to corrupt the personnel involved in the application of this law, the following measures shall be established: a) repealed; ---------- Lit. a) of art. 15 15 has been repealed by lit. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. b) repealed; ---------- Lit. b) of art. 15 15 has been repealed by lit. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. c) repealed; ---------- Lit. c) of art. 15 15 has been repealed by lit. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. d) repealed; ----------- Lit. d) of art. 15 15 has been repealed by lit. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. e) employees who carry out the secretarial work will benefit from the difficulty increase that can be up to 50% of the employment salary; the establishment of this increase is made individually by the Central Commission on the proposal of the president; f) repealed ----------- Lit. f) of art. 15 15 has been repealed by lit. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Chapter V Administrative procedures for granting compensation + Article 16 Repealed. ------------ Article 16 was repealed by the letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 17 Repealed. ------------ Article 17 was repealed by letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 18 Repealed. ------------ Article 18 was repealed by the letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Chapter V ^ 1 Capitalizing on the securities. Establishment of the algorithm for the award of shares issued by the Property Fund ------------ Head. V ^ 1 was introduced by section 4.2. 26 26 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Section 1 Capitalisation of the securities ------------ Section 1 of Cap. V ^ 1 was introduced by section 4.2. 26 26 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 18 ^ 1 Repealed. ------------ Article 18 ^ 1 was repealed by letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 18 ^ 2 Repealed. ------------ Article 18 ^ 2 was repealed by letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 18 ^ 3 Repealed. ------------ Article 18 ^ 3 was repealed by letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 18 ^ 4 Repealed. ------------ Article 18 ^ 4 was repealed by letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 18 ^ 5 Repealed. ------------ Article 18 ^ 5 was repealed by letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 18 ^ 6 Repealed. ------------ Article 18 ^ 6 was repealed by letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Section 2 Rules for the award of shares issued by the Property Fund ------------ Section 2 of Cap. V ^ 1 was introduced by section 4.2. 26 26 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 18 ^ 7 Repealed. ------------ Article 18 ^ 7 was repealed by letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 18 ^ 8 Repealed. ------------ Article 18 ^ 8 was repealed by letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 18 ^ 9 Repealed. ------------ Article 18 ^ 9 was repealed by letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Chapter VI Legal remedies for legal proceedings + Article 19 ((1) Decisions adopted by the Central Commission for the Establishment of Compensation may be appealed under the conditions Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions, in contradiction with the state, represented by the Central Commission for the Establishment of Compensation. The complaint suspends the exercise of the right of option over the title of indemnity (2) The recovery of the securities shall be made only after the completion of the prior administrative procedure or, as the case may be, after the final and irrevocable stay of the court decision by which the complaint made pursuant to paragraph ((1) was rejected, where the administrative procedure was followed by a court procedure. ((3) If, after the prior administrative procedure has been completed or, as the case may be, after the proceedings have been completed before the court, an amount higher than that fixed in the original compensation title has been granted, the decision representing the indemnity title related to the due difference shall be issued by the Central Commission for the Establishment of Compensation. After the issue of that decision, representing the compensation title issued in addition, the procedure provided for in Chapter V ^ 1 shall be followed. ------------ Article 19 has been amended by section 6.6. 27 27 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 20 (1) The competence to settle the action in administrative litigation having as object the appeal of the decision adopted by the Central Commission for the Establishment of Compensation or, as the case may be, its refusal to issue the decision administrative and fiscal of the tribunal in whose territorial area the applicant resides. If the applicant resides abroad, the application is addressed to the court of his residence in the country or, as the case may be, to the court of his representative in Romania, and if he has no residence in Romania and no representative with his domicile in Romania, the application is addressed to the Administrative and Fiscal Litigation Section of the Bucharest Tribunal. ------------ Alin. ((1) of art. 20 of Title VII "The regime of establishment and payment of compensation related to buildings improperly taken over" has been amended by art. X of LAW no. 2 2 of 1 February 2013 , published in MONITORUL OFFICIAL no. 89 89 of 12 February 2013. (2) The judgment given by the first instance may be appealed. Appeal suspends execution. + Chapter VI ^ 1 Liabilities and penalties ------------ Head. VI ^ 1 was introduced by section 6.6. 28 28 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 20 ^ 1 (1) Violation of art. 9 ^ 1 para. (8) constitutes a contravention and is sanctioned with a fine of 50,000 lei per 100,000 lei. (2) The finding of contraventions and the application of sanctions provided for in paragraph (1) shall be carried out by the control bodies of the Ministry of Economy and Finance-the National Agency for Fiscal Administration and its territorial units. ------------ Article 20 ^ 1 has been introduced by item 28 28 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Chapter VII Transitional and final provisions + Article 21 (1) If, on the basis of the findings of the Secretariat of the Central Commission, it establishes that the property for which the payment of compensation has been established is refundable in kind, by reasoned decision it will proceed with its refund. (2) The decision to refund in kind thus issued follows the legal regime provided for by art. 23 23 para. ((4) of Law no. 10/2001 on the legal regime of immovable buildings improperly taken over from March 6, 1945 to December 22, 1989, republished. + Article 22 Repealed. ------------ Article 22 was repealed by the letter. c) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 23 ((1) If, in the decision/provision or order of the head of the central public administration authority, or as the case may be, the reasoned proposal of the entity invested with the resolution of the notification, granting the remedies by equivalent, are individualized several persons and the quotas related to the rights granted to them by law, the title of compensation is granted individually according to the corresponding quota ((2) If, in the decision/disposition or order of the head of the central public administration authority or, as the case may be, the reasoned proposal of the entity invested with the settlement of the notification of the remedies, are individualized several persons without having established the quotas related to the rights granted to them by law, the title of compensation is granted in the name of all beneficiaries. ((3) If the persons individualized in the decision/disposition or order of the head of the central public administration authority or, as the case may be, the reasoned proposal of the entity invested with the resolution of the notification of granting the repairers present an authentic instrument of voluntary partition or, as the case may be, a final and irrevocable court decision establishing the quotas due to each, the indemnity title is granted individually, according to the agreed quota or Established. + Article 24 (1) Within 60 days from the date of entry into force of this law, the minutes concluded by the prefectures by which amounts are recorded to be granted as compensation will be reanalyzed and, in the event that according to Law no. 10/2001 on the legal regime of immovable buildings improperly taken over from March 6, 1945 to December 22, 1989, republished, restitution in kind is not possible but it is found that the notifiers are entitled to compensation, the file It will be submitted to the Secretariat of the Central Commission, accompanied by the current legal situation of the building and the order containing the reasoned proposal of the prefect to grant compensation. (2) The provisions of art. 16 16 para. ((2) shall apply accordingly. + Article 25 (1) Within 30 days from the date of entry into force of this Law, the notifications registered with the prefectures and for which no minutes have been concluded shall be submitted to the entities invested according to Law no. 10/2001 on the legal regime of immovable buildings improperly taken over from March 6, 1945 to December 22, 1989, republished with their resolution. (2) Provisions of para. ((1) shall apply accordingly and in situations where, following the reanalysis of the minutes concluded by the prefectures by which amounts to be awarded are recorded, the compensation shall be found to be Law no. 10/2001 on the legal regime of immovable buildings improperly taken over from March 6, 1945 to December 22, 1989, republished, with subsequent amendments and completions, restitution in kind is possible, or the notifiers are not entitled to the granting of compensation. + Article 26 (1) On the date of entry into force of this Law, any available capital offer issued pursuant to Government Decision no. 498/2003 on the approval of the Methodological Norms for Unitary Law no. 10/2001 on the legal regime of immovable buildings improperly taken over from March 6, 1945 to December 22, 1989, with subsequent amendments and completions, is considered closed. (2) After the closing of the offer, the entity involved in privatization, issuance of the offer provided in par. (1), will proceed with the assignment/allocation of shares, after which it will issue to the holder of the refund decision by granting shares or securities subscribed subscribed, a certificate/shareholder certificate that will indicate the holder to them, the number of shares and the identification of the company. (3) Within 10 days from the date of award/allocation of shares, the entity involved in privatization, issuance of the offer provided in par. (1), shall submit to the Secretariat of the Central Commission the list of beneficiaries of the measures ((2), of the nominal securities, of the decisions/provisions or, as the case may be, of the orders under which the shares were granted/allocated, being mentioned distinctly and their issuer. (4) The provisions provided in par. ((3) are duly applicable for any other available capital offer, closed before the entry into force of this Law. In this case, the term provided in par. (3) flows from the date of entry into force of this Law. + Article 27 (1) Not subject to this law the shares granted/allocated under an available capital offer issued pursuant to Government Decision no. 498/2003 , with subsequent amendments and completions. (2) If, as a result of the available capital offer, shares have been allocated/assigned shares in a lower amount to those provided for in the decisions/provisions issued by the entities invested with the resolution of notifications, requests for restitution or, as the case may be, the orders of the heads of the central public administration invested with the resolution of the notifications, the Central Commission for the Establishment of Compensation will proceed with the issuance of the indemnity this law, for the difference up to the competition designated evaluators or assessment companies. + Article 28 (1) Within 10 days from the date of entry into force of this Law, the Ministry of Public Finance shall submit to the Central Commission Secretariat the list of all holders of nominal securities, decisions/provisions or, as the case may be, the orders on the basis of which they were issued and the issuer thereof. (2) If the title of nominal value has been issued in the name of the representatives of the entitled persons entered in the decision/provision of restitution in the equivalent, this term shall be made. + Article 29 (1) The nominal securities issued by the Ministry of Public Finance pursuant to art. 30 30 of Law no. 10/2001 , republished, until the date of entry into force of this law and invalid within the framework of an available capital offer issued pursuant to Government Decision no. 498/2003 , with subsequent amendments and completions, shall also be converted by the decision of the Central Commission for the Establishment of Compensation, as compensation. (2) The nominal securities issued by the Ministry of Public Finance pursuant to art. 30 30 of Law no. 10/2001 , republished, until the date of entry into force of this Law, capitalized within the framework of an available capital offer issued pursuant to Government Decision no. 498/2003 , with subsequent amendments and completions, are not subject to this law. ((3) If the nominal securities issued by the Ministry of Public Finance under the art. 30 30 of Law no. 10/2001 , republished, until the date of entry into force of this law, were partially capitalized within the framework of an available capital offer issued pursuant to Government Decision no. 498/2003 , with subsequent amendments and completions, the decision of the Special Commission for the Establishment of Compensation ordering their conversion in the title of payment of compensation will be issued only for the nominal securities held by applicant and invalid. (4) In the cases provided in par. (1) and (3), the Special Commission for the Establishment of Compensation will decide after the receipt of the requests of the entitled persons, to which the titles of invalid nominal value will be annexed, in original. (5) Applications referred to in par. (4) will be submitted to the Secretariat of the Special Commission for the Establishment of Compensation, after its constitution. + Article 30 The acts underlying the issuance of the securities have permanent archiving regime and shall be submitted upon termination of the work of the Central Commission for the Establishment of Compensation at the Prime Minister's Chancellery. + Article 31 Within 30 days of publication in the Official Gazette of Romania, the Government will issue methodological norms for the application of the law, at the proposal of the Prime Minister's Chancellery and the Ministry of Public Finance. + Article 32 (1) The Central Commission shall have its own seal and shall operate at the headquarters of the National Authority for Property Restitution. (2) The funds necessary for the functioning of the Central Commission and its secretariat shall be ensured by the budget of the Prime Minister's Chancellery ((3) The fees of the evaluators or of the evaluation companies shall be paid from the budget of the Prime Minister's Chancellery at the request of the Secretariat of the + Article 33 On the date of entry into force of this Title, Art. 30 30, and art. 34 34-40 of Law no. 10/2001 on the legal regime of some buildings improperly taken over between March 6, 1945 and December 22, 1989, republished in the Official Gazette of Romania, Part I, no. 279 279 of 4 April 2005, and art. 3 of Title II of Government Emergency Ordinance no. 184/2002 , published in the Official Gazette of Romania, Part I, no. 929 of 18 December 2002, approved with amendments by Law no. 48/2004 . + Annex Description of the assets to be transferred to the "Property" Fund 1. The following participations will be transferred from the Ministry of Economy and Trade and OPSPI: 1.1 1.1-15% of CN Transelectrica Bucharest SA 1.2-15% of SNTGN Transgaz SA 1.3 1.3-10% of SC Petrom SA 1.4-15% of SNGN Romgaz SA 1.5 1.5-12% of SC DGN Distrigaz Sud SA 1.6 1.6-12% of SC DGN Distrigaz Nord SA 1.7 1.7-20% of SC Hidroelectrica SA 1.8-20% of SN Nuclearelectrica SA 1.9-12% of SC Electrica Moldova SA 1.10-12% of SC Electrica Oltenia SA 1.11-12% of SC Electrica Dobrogea SA 1.12 1.12-12% of. SC Electrica Muntenia Nord SA 1.13-12% of SC Electrica Muntenia Sud SA 1.14-12% of SC Electrica Banat SA 1.15-12% of SC Electrica Transilvania Nord SA 1.16-12% of SC Electrica Transilvania Sud SA 1.17-15% of SC Energetic Turceni SA 1.18-15% of SC Energetic Craiova SA 1.19-15% of SC Energetic Rovinari SA 1.20-10% of SC Oil Terminal SA 1.21 1.21-10% of SC Conpet SA 1.22 1.22-repealed ------------ Section 1.22 of the Annex to Title VII has been repealed by point (a). 30 30 of art. unique from Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 2. From the Ministry of Public Finance the following will be transferred: 2.1 2.1-repealed ------------ Section 2.1 of the Annex to Title VII has been repealed by point (a). 31 31 of art. unique from Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 2.2 2.2-repealed ------------ Section 2.2 of the Annex to Title VII has been repealed by point (a). 31 31 of art. unique from Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 2.3 2.3-repealed. ------------ Section 2.3 of the Annex to Title VII has been repealed by point (a). 4 4 of art. unique from Title III of the EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. Section 2.3 of the Annex to Title VII has also been repealed by point (a). 31 31 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007, although it had been previously repealed under the above provisions. 2.4. -the amounts obtained from the recovery of foreign exchange rights held by the Romanian state from the activity of foreign trade and international economic cooperation, conducted before December 31, 1989, and the amounts resulting from the recovery of the rights from trade agreements and government payments and corresponding banking technical arrangements, recorded in the accounts of cliring, barter and international economic cooperation, according to art. 9 9 para. ((2) lit. a) and b). ------------ Section 2.4 of the Annex to Title VII has been amended by point (a). 32 32 of art. unique from Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 3. From the Ministry of Communications and Information Technology the following holdings will be transferred: 3.1 3.1-repealed. ------------ Section 3.1 of the Annex to Title VII has been repealed by point (a). 5 5 of the single article of Title III of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. Section 3.1 of the Annex to Title VII has also been repealed by point (a). 33 33 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007, although it had been previously repealed under the above provisions. 3.2-25% of the National Company Posta Romana S.A. 4. From the Ministry of Transport, Construction and Tourism the following holdings will be transferred: 4.1 4.1-repealed. ------------ Section 4.1 of the Annex to Title VII has been repealed by point (a). 34 34 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 4.2 4.2-repealed. ------------ Section 4.2 of the Annex to Title VII has been repealed by section 4.2. 34 34 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 4.3 4.3-repealed. ------------ Section 4.3 of the Annex to Title VII has been repealed by section 4.3. 34 34 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 4.4-20% of the National Company "Henri Coanda International Airport" SA 4.5-20% of the National Society "Bucharest Baneasa International Airport-Aurel Vlaicu" SA 4.6-20% of the National Society "Constanta International Airport" SA 4.7-20% of the National Society "Timisoara International Airport-Traian Vuia" SA 4.8-20% of the National Company "Administration of Waterways" SA Constanta 4.9-20% of the National Company "Maritime Danube Ports Administration" SA Galati 4.10-20% of the National Company "Administration of Danube River Ports" SA Giurgiu 5. From the Agency for the Valorification of State Assets the following holdings will be transferred: 5.1 5.1-repealed. ------------ Section 5.1 of the Annex to Title VII has been repealed by section 5.1. 35 35 of art. unique from Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.2 5.2-repealed. ------------ Section 5.2 of the Annex to Title VII has been repealed by section 5.2. 35 35 of art. unique from Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.3 5.3-repealed. ------------ Section 5.3 of the Annex to Title VII has been repealed by point (a). 35 35 of art. unique from Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.4 5.4-repealed. ------------ Section 5.4 of the Annex to Title VII has been repealed by point (a). 35 35 of art. unique from Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.5-10,947% of SC Mecon Brasov SA 5.6 5.6-repealed. ------------ Section 5.6 of the Annex to Title VII has been repealed by point (a). 35 35 of art. unique from Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.7 5.7-repealed. ------------ Section 5.7 of the Annex to Title VII has been repealed by point (a). 35 35 of art. unique from Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.8-70% of the Commercial Company of Insurance Services CAROM-INSURANCE BROKER-S.A. ----------- Section 5.8 of the Annex to Title VII has been amended by RECTIFICATION no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 381 381 of 6 June 2007. 5.9-17,365% of SC Centrofarm Bucharest SA 5.10-12,124% of SC FECNE Bucharest SA 5.11-9,769% of SC Gerovital Cosmetics Bucharest SA 5.12-6,519% of SC Laromet Bucharest SA 5.13-68,322% of SC Prestari Services Bucharest SA 5.14-78,972% of SC Primcom Bucharest SA 5.15 5.15-repealed. ------------ Section 5.15 of the Annex to Title VII has been repealed by point 35 35 of art. unique from Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.16 5.16-repealed. ------------ Section 5.16 of the Annex to Title VII has been repealed by point (a). 35 35 of art. unique from Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.17 5.17-repealed. ------------ Section 5.17 of the Annex to Title VII has been repealed by point 35 35 of art. unique from Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.18 5.18-repealed. ------------ Section 5.18 of the Annex to Title VII has been repealed by section 5.18. 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.19 5.19-repealed. ------------ Section 5.19 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.20-42,795% of SC Telerom Project Bucharest SA 5.21 5.21-repealed. ------------ Section 5.21 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.22-20% of SC World Trade Center CCIB Bucharest SA 5.23-33,000% of S.C. Bat Service Buzau S.A. 5.24 5.24-repealed. ------------ Section 5.24 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.25-5,354% of S.C. Comcereal Fundulea S.A. 5.26 5.26-repealed. ------------ Section 5.26 of the Annex to Title VII has been repealed by point 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.27 5.27-repealed. ------------ Section 5.27 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.28-11,364% of S.C. Comcereal Cluj-Napoca S. A 5.29-4,330% of S.C. Electroconstruction Elco Cluj-Napoca S.A. 5.30-39,999% of SC Turdapan Turda SA 5.31 5.31-repealed. ------------ Section 5.31 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.32 5.32-repealed. ------------ Section 5.32 of the Annex to Title VII has been repealed by point 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.33 5.33-repealed. ------------ Section 5.33 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.34 5.34-repealed. ------------ Section 5.34 of the Annex to Title VII has been repealed by point 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.35 5.35-repealed. ------------ Section 5.35 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.36-46,914% of SC Vitacom Sf. Gheorghe SA ------------ Section 5.37 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.38 5.38-repealed. ------------ Section 5.38 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.39-6,144% of SC Otelinox Targoviste SA 5.40 5.40-repealed. ------------ Section 5.40 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.41-7,378% of S.C. Retizoh Craiova S.A. 5.42 5.42-repealed. ------------ Section 5.42 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.43 5.43-repealed. ------------ Section 5.43 of the Annex to Title VII has been repealed by point 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.44 5.44-repealed. ------------ Section 5.44 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.45-10,031% of S.C. Comcereal Miercurea Ciuc S.A. 5.46 5.46-repealed. ------------ Section 5.46 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.47 5.47-repealed. ------------ Section 5.47 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.48 5.48-repealed. ------------ Section 5.48 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.49-13,821% of S.C. Familial Restaurant Iasi S.A. 5.50 5.50-repealed. ------------ Section 5.50 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.51 5.51-repealed. ------------ Section 5.51 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. ------------ Section 5.52 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.53-3% of SC Petrom Aviation Bucharest SA 5.54 5.54-repealed. ------------ Section 5.54 of the Annex to Title VII has been repealed by point 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. ------------ Section 5.55 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.56 5.56-repealed. ------------ Section 5.56 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.57-9,638% of S.C. Marlin Ulmeni S.A. 5.58-40,617% of SC Forsev Drobeta Turnu-Severin SA 5.59-10,076% of S.C. Mecanoenergetic Gura-Vaii Drobeta Turnu Severin S.A. 5.60-38,869% of SC Severnav Drobeta Turnu-Severin SA 5.61-7,691% of SC Azomures Targu Mures SA 5.62-7,967% of SC Carbid-fox Tarnaveni SA 5.63-69,949% of S.C. Comsig Sighisoara S.A. 5.64 5.64-repealed. ------------ Section 5.64 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.65-17,489% of S.C. Salubriserv Târgu Mureș S.A. 5.66-7,176% of S.C. Zamur Targu Mures S.A. 5.67-15,996% of SC Commetex Piatra Neamt SA 5.68-18,171% of SC Alro Slatina SA 5.69 5.69-repealed. ------------ Section 5.69 of the Annex to Title VII has been repealed by point 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.70-1,690% of S.C. Ciocirlia Ploiesti S.A. 5.71-15,429% of SC Palace Sinaia SA 5.72-2,586% of SC Petrotel Lukoil Ploiesti SA 5.73-5,106% of SC Elcond Zalau SA 5.74 5.74-repealed. ------------ Section 5.74 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.75 5.75-repealed. ------------ Section 5.75 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.76 5.76-repealed. ------------ Section 5.76 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.77-6,814% of S.C. Resib Sibiu S.A. 5.78-39,999% of SC Transilvania-Com SA 5.79-7,622% of SC Fortress Suceava SA 5.80-71,896% of SC Alcom Timisoara SA 5.81 5.81-repealed. ------------ Section 5.81 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. 5.82-15,620% of SC Remat Timis Timisoara SA 5.83 5.83-repealed. ------------ Section 5.83 of the Annex to Title VII has been repealed by point (a). 35 35 of the single article of Title I of EMERGENCY ORDINANCE no. 81 81 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Title VIII Modification and completion Law no. 571/2003 on Fiscal Code + Article I Law no. 571/2003 on the Fiscal Code, published in the Official Gazette of Romania, Part I, no. 927 of 23 December 2003, as amended and supplemented, shall be amended and supplemented as follows: 1. After Article 67, insert Article 67 ^ 1 with the following contents: Art. 67 ^ 1. Repealed. ------------ Art. 67 ^ 1 of Law no. 571/2003 on the Fiscal Code was repealed by item 47 47 of art. I of LAW no. 343 343 of 17 July 2006 , published in MONITORUL OFFICIAL no. 662 662 of 1 August 2006. 2. In Article 250 (1), three new points, points 12, 13 and 14 shall be inserted after point 11, with the following contents. 3. In Article 250, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: Exemptions + Article 250 (1) The buildings for which no tax is due, by the effect of the law, are, as follows: 1. property buildings of the state, administrative-territorial units or any public institutions, except rooms that are used for economic activities; 2. the buildings which, according to the law, are classified as historical, architectural or archaeological monuments, museums or memorial houses, regardless of the holder of the ownership or administration, except the rooms that are used for economic activities; 3. the buildings which, by destination, constitute places of worship, belonging to religious cults officially recognized in Romania and their local components, except for rooms that are used for economic activities; 4. the buildings that constitute the patrimony of the state, confessional or private educational establishments and institutions, authorized to operate provisionally or accredited, except for the rooms that are used for economic activities; 5. buildings of public health facilities, except rooms that are used for economic activities; 6. buildings that are affected by hydroelectric, thermoelectric and nuclear power plants, substations and transformer stations, as well as connections stations; 7. the buildings located in the public domain of the state and in the administration of the Autonomous Regia "Administration of the State Protocol Heritage", except for the rooms that are used for economic activities; 8. burial buildings in cemeteries and crematoria; 9. buildings in industrial, scientific and technological parks, according to the law; 10. the buildings returned according to art. 16 16 of Law no. 10/2001 on the legal regime of immovable buildings improperly taken over from March 6, 1945 to December 22, 1989, republished, with subsequent amendments and completions; 11. the buildings that constitute the patrimony of the Romanian Academy, except the rooms that are used for economic activities; 12. Retroped buildings suitable art. 1 1 para. (6) of Government Emergency Ordinance no. 94/2000 on the restitution of immovable property belonging to religious cults in Romania, republished, with subsequent amendments and completions; 13. the buildings returned according to art. 1 1 para. (5) of Government Emergency Ordinance no. 83/1999 on the restitution of immovable property belonging to the communities of citizens belonging to national minorities in Romania, republished; 14. buildings that are affected by hydrotechnical, hydrometric, hydrometeorological, oceanographic activities, land improvements and flood defences, as well as buildings in ports and those affected by canals waterways and pumping stations related to channels, except rooms that are used for economic activities; 15. the buildings which, by their nature, make common body with bridges, viaducts, aqueducts, embankments, dams and tunnels and which are used for the exploitation of these constructions, except for rooms that are used for other economic activities; 16. special constructions located underground, regardless of their use and extraction towers; 17. the buildings that are used as greenhouses, solar, seedlings, fungi, silos for feed, silos and/or patulas for the storage and preservation of cereals, except rooms that are used for other economic activities; 18. the buildings passed into the property of the state or of the administrative-territorial units in the absence of legal or testamentary heirs; 19. the buildings used for humanitarian social activities, by associations, foundations and cults, according to the decision of the local council. (2) The buildings that do not have the constituent elements of a building are not covered by the building tax. (3) The tax exemption provided in par. ((1) pt. 10 10-13 shall apply for the duration for which the owner is obliged to maintain the public interest. ------------ Art. 250 of Law no. 571/2003 on the Fiscal Code was amended by item 219 219 of art. I of LAW no. 343 343 of 17 July 2006 , published in MONITORUL OFFICIAL no. 662 662 of 1 August 2006. 4. In Article 257, after letter n), three new letters, letters o), p) and r) are inserted, with the following contents: " o) the land for the buildings returned according to art. 16 16 of Law no. 10/2001 for the duration for which the owner is obliged to maintain the public interest; p) the land related to the returned buildings according to art. 1 1 para. (6) of Government Emergency Ordinance no. 94/2000 for the duration for which the owner is obliged to maintain the public interest; r) land related to buildings returned according to art. 6 6 para. (5) of Government Emergency Ordinance no. 83/1999 for the duration for which the owner is obliged to maintain the public interest. " 5. In Article 258, paragraph 6 is amended and shall read as follows: (6) In the case of land located in extravilan, the land tax shall be determined by multiplying the land area, expressed in ha, by the corresponding amount provided for in the following table, multiplied by the corresponding correction coefficient provided for in art. 251 251 para. ((5): ┌ ------------------------------------------------------------------------------ | TAX/TAXA*) ON LAND LOCATED IN EXTRAVILAN | | | | | Art. 258 para. ((6)-lei/ha-| ├ ------- -------------------------------------- ----------------------- | | No. | Zone | INDEXED LEVELS | APPLICABLE LEVELS | | crt. | | FOR THE YEAR 2006 | IN FISCAL YEAR 2007 | | | | | | | | | | | | | | | | | | | Category for use | Zone | Zone | ├ ------- -------------------------------------- 留言 | 加入好友 -- ----- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | 0 | 1 | A | B | C | D | A | B | C | D | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 1 | Land with construction | 22 | 20 | 18 | 16 | 22 | 20 | 18 | 16 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 2 | Arable | 36 | 34 | 32 | 30 | 36 | 34 | 32 | 30 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 3 | Pasune | 20 | 18 | 16 | 14 | 20 | 18 | 16 | 14 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 4 | Faneata | 20 | 18 | 16 | 14 | 20 | 18 | 16 | 14 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 5 | Vie on fruit, other than | 40 | 38 | 36 | 34 | 40 | 38 | 36 | 34 | | | the one provided at no. | | | | | | | | | | | | | | crt. 5.1 | | | | | | | | | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 5.1 | Vie to the entrance | x | x | x | x | x | x | x | x | x | | | | | | | | | | | | | | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 6 | Livada on rod, another | 40 | 38 | 36 | 34 | 40 | 38 | 36 | 34 | | | | | | | | | | | | | | | | | | | | | no. crt. 6.1 | | | | | | | | | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 6.1 | Livada up to | x | x | x | x | x | x | x | x | x | | | | | | | | | | | | | | | | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 7 | Forest or other land | 12 | 10 | 8 | 6 | 12 | 10 | 8 | 6 | | | with vegetation | | | | | | | | | | | | | logging except | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | no. crt. 7.1 | | | | | | | | | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 7.1 | Padure aged | x | x | x | x | x | x | x | x | | | up to 20 years and | | | | | | | | | | | | | | | forest with role | | | | | | | | | | | | | | | protection | | | | | | | | | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 8 | Land with water, another | 4 | 3 | 2 | 1 | 4 | 3 | 2 | 1 | | | | | | | | | | | | | | | | | | | | | | fish | | | | | | | | | | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 8.1 | Land with facilities | 24 | 22 | 20 | 18 | 24 | 22 | 20 | 18 | | | fish | | | | | | | | | | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 9 | Roads and railways | x | x | x | x | x | x | x | x | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友: | 10 | Unproductive terrain | x | x | x | x | x | x | x | x | x | ├ -------] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | *) As of 1 January 2007, for publicly owned land | | or private state or administrative-territorial units, | concession, leased, given in administration or in use, se | | sets the tax on land that represents the tax burden of concessionaires, | to residents, holders of the right of administration or use, after | case, under conditions similar to land tax. | └ ------------------------------------------------------------------------------ ------------ Alin. ((6) art. 258 258 of Law no. 571/2003 on the Fiscal Code was amended by item I of the Annex to JUDGMENT no. 1.514 1.514 of 25 October 2006 , published in MONITORUL OFFICIAL no. 935 935 of 17 November 2006. 6. In Article 258, after paragraph 6, two new paragraphs, paragraphs 7 and 8 shall be inserted, with the following contents: (7) The registration in the agricultural register of the data on buildings and land, of the holder of the ownership of them, as well as the change of the category of use can be made only on the basis of documents, annexed to the declaration made under own signature of the household head or, in the absence thereof, of a major member of the household, according to the rules provided in art. 293, under penalty of nullity. ------------ Alin. ((7) art. 258 258 of Law no. 571/2003 on the Fiscal Code was amended by item 234 234 of art. I of LAW no. 343 343 of 17 July 2006 , published in MONITORUL OFFICIAL no. 662 662 of 1 August 2006. ((8) Both in the case of buildings and land, if differences are found between the areas listed in the property documents and the actual situation resulting from the measurements executed under the conditions Law of cadastre and real estate advertising no. 7/1996 , republished, in order to determine the tax burden, the areas corresponding to the real situation, proven by technical cadastre works, are considered. The data resulting from the technical cadastre works shall be entered in the tax records, in the agricultural register, as well as in the land register, and the modification of the tax burdens shall operate from the first of the month following that in which the register at the specialized department the respective work, as an annex to the tax declaration. ------------ Alin. ((8) art. 258 258 of Law no. 571/2003 on the Fiscal Code was amended by item 234 234 of art. I of LAW no. 343 343 of 17 July 2006 , published in MONITORUL OFFICIAL no. 662 662 of 1 August 2006. 7. In Article 295, paragraph 1 shall be amended and shall read as follows: (1) Local taxes and fees, as well as fines and penalties related to them, constitute full income to the local budgets of administrative-territorial units. ------------ Alin. ((1) art. 295 295 of Law no. 571/2003 on the Fiscal Code was amended by item 2 2 of art. I of EMERGENCY ORDINANCE no. 21 21 of 16 March 2006 , published in MONITORUL OFFICIAL no. 269 269 of 24 March 2006. + Article II The amendments provided in art. I section 5 5-7 of this Title shall enter into force on 1 January 2006. + Title IX Amendment of Penal + Article UNIC Criminal Code of Romania, republished in the Official Gazette of Romania, Part I, no. 65 of 16 April 1997, as amended and supplemented, shall be amended as follows: 1. In Article 44, paragraph 2 ^ 1 shall read as follows: " It is presumed that it is in self-defense, and the one who performs the act to reject the unrighteous penetration of a person through violence, cunning, burglary or other such means, in a dwelling, room, dependency or unfenced place. or delimited by markings. " 2. In Article 220, paragraphs 1, 2, 3 and 4 shall read as follows: " The occupation, in whole or in part, without right, of a building in the possession of another, without its consent or without prior approval received under the law, or the refusal to issue the property thus occupied is punishable by imprisonment of to 5 years. If the act provided in par. 1 is committed by violence or threat or by the abolition of the signs of boundary, marking marks, punishment is imprisonment from 2 to 7 years. If the act provided in par. 2 is committed by two or more people together, the punishment is imprisonment from 3 to 15 years. Reconciliation of the parties removes criminal liability. " + Title X Repealed. ----------- Title X was repealed by letter aa) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 1 Repealed. ------------ Article 1 was repealed by letter aa) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 2 Repealed. ------------ Article 2 was repealed by letter aa) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 3 Repealed. ------------- Article 3 was repealed by letter aa) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 4 Repealed. -------------- Article 4 was repealed by letter aa) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 5 Repealed. ------------- Article 5 was repealed by letter aa) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 6 Repealed. ------------ Article 6 was repealed by letter aa) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 7 Repealed. ------------ Article 7 was repealed by letter aa) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 8 Repealed. ------------- Article 8 was repealed by letter aa) art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Title XI Renta viagera agricola + Chapter I Definition and characteristics + Article 1 (1) The present law establishes the agricultural annuity for the purpose of concentrating agricultural areas in efficient holdings imposed by the need to modernize Romania's agriculture and its compatibility with agriculture in the member countries of the Union European. (2) The object of the agricultural life annuity is the agricultural land situated in extravilan, as defined in art. 2 lit. a) of the Land Fund Law no. 18/1991 , republished, with subsequent amendments and completions. ----------- Alin. ((2) of art. 1 1 has been introduced by section 1 1 of the single article of EMERGENCY ORDINANCE no. 114 114 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.031 1.031 of 27 December 2006. + Article 2 Renta viagera agricola represents the amount of money paid to the agricultural rentier that alienates or leases the extravilane agricultural land under its ownership or concludes agreement with the investor, in compliance with the provisions art. 4 4 para. ((1 ^ 3) of Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , with subsequent amendments and completions, having the safety of a viagere source of state-guaranteed income. ----------- Article 2 has been amended by section 2. 1 1 of art. I of EMERGENCY ORDINANCE no. 158 158 of 12 November 2008 , published in MONITORUL OFFICIAL no. 784 784 of 24 November 2008. + Article 3 (1) The amount of the agricultural life annuity represents the equivalent in lei of 100 euro/year for each hectare of estranged agricultural land and the equivalent in lei of 50 euro/year for each hectare. (2) The amount of the agricultural life annuity represents the equivalent in lei of 100 euro/year for each hectare of agricultural land located in extravilan, for which the renter concluded the agreement with the investor, in compliance with the provisions art. 4 4 para. ((1 ^ 3) of Law no. 1/2000 , with subsequent amendments and completions. ----------- Alin. ((2) of art. 3 3 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 158 158 of 12 November 2008 , published in MONITORUL OFFICIAL no. 784 784 of 24 November 2008. + Article 4 The payment of the agricultural annuity is made in lei by reference to the average exchange rate calculated by the National Bank of Romania from the year for which it is due. ----------- Article 4 has been amended by section 4. 2 2 of the single article of EMERGENCY ORDINANCE no. 114 114 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.031 1.031 of 27 December 2006. + Article 5 For areas less than 1 ha, the amount paid will be proportional to the estranged or leased area, respectively for which agreement was concluded with the investor, in compliance with the provisions art. 4 4 para. ((1 ^ 3) of Law no. 1/2000 , with subsequent amendments and completions. ----------- Article 5 has been amended by section 6.6. 3 3 of art. I of EMERGENCY ORDINANCE no. 158 158 of 12 November 2008 , published in MONITORUL OFFICIAL no. 784 784 of 24 November 2008. + Article 6 (. The agricultural life shall be paid in a single annual rate until 30 November of the year following the year for which it is due. (2) Renta viagera agricola paid by the Agency for Payments and Intervention for Agriculture, in compliance with the deadline provided in par. (1), which has not been collected by the beneficiaries, will be used to resume the payment process to them or, in case of death, to their heirs and after the deadline of November 30 of the year following the one for which it is due. ------------ Article 6 has been amended by section 6. 1 1 of art. I of EMERGENCY ORDINANCE no. 106 106 of 30 November 2011 published in MONITORUL OFFICIAL no. 858 858 of 6 December 2011. + Article 7 (1) Renta viagera agricola is personal, non-communicable and ceases at the date of death of the agricultural renter. (2) In the case of the lease, the agricultural annuity shall be paid if the land covered by the annuity is continuously leased, the whole calendar year. (3) If the lease ceases, the agricultural annuity will be paid in the following year only if the renter concludes, within a maximum of 30 days of termination, a new contract, thus considering continuity in the lease. (4) Renta viagera agricola ceases on the date on which the land referred to in art. 9 9 para. ((1) and (2), summed up, exceed 10 ha. ----------- Article 7 has been amended by section 7. 5 5 of art. I of EMERGENCY ORDINANCE no. 158 158 of 12 November 2008 , published in MONITORUL OFFICIAL no. 784 784 of 24 November 2008. + Article 8 In the event of the death of the renter, the heirs will collect the annuity until the 30th of November of the year following the one for which it is due, on the basis of the supporting documents on the quality of heir, of the original death certificate, as well as and the agricultural rentier card of the deceased. ----------- Article 8 has been amended by section 6.6. 2 2 of art. I of EMERGENCY ORDINANCE no. 106 106 of 30 November 2011 published in MONITORUL OFFICIAL no. 858 858 of 6 December 2011. + Chapter II Agricultural renter + Article 9 (1) The agricultural rentier is the natural person aged over 62 years who, from the date of entry into force of this title, has not and will not own in the property, cumulated over time, more than 10 ha of extravilan agricultural land, which he alienate by acts between vineyards or leases them, totally or partially, receiving from the National Office of Renta Viagera Agricola the agricultural rentier card. (2) The agricultural rentier is also the natural person aged over 62 who has been validated the application for reconstitution of the right of property according to the land fund laws and opts for compensation paid by the investor, ending with this agreement, in compliance with the provisions art. 4 4 para. ((1 ^ 3) of Law no. 1/2000 , with subsequent amendments and completions, after the entry into force of this title. (3) Agricultural rentier is also the person retired on the case of illness, grades I and II, who, even if he has not reached the age of 62, proves his inability to work with decision from the medical expertise committee, which he will present every day. year when targeting the rentier card, except for the one belonging to the category of persons who are no longer subject to the annual examination, and in the decision shall be recorded "unevizuible", and who dispose by acts between vineyards, lease agricultural land extravilane in the property or enter into agreement with the investor, in compliance with the provisions art. 4 4 para. ((1 ^ 3) of Law no. 1/2000 , with subsequent amendments and completions. ----------- Article 9 has been amended by section 6.6. 7 7 of art. I of EMERGENCY ORDINANCE no. 158 158 of 12 November 2008 , published in MONITORUL OFFICIAL no. 784 784 of 24 November 2008. + Article 10 In order to become rentier can only be alienated or leased lands that after 1990 were not the subject of another alienation by acts between vineyards. + Article 11 (1) The proof of estrangement is made by the act of alienation, concluded in authentic form, and the proof of lease is made by the lease contract drawn up in compliance with Law of Arendation no. 16/1994 , with subsequent amendments and completions. ((2) The proof of the conclusion of the agreement is made by the presentation of the act concluded in written form art. 4 4 para. ((1 ^ 5) of Law no. 1/2000 , with subsequent amendments and completions. ----------- Alin. ((2) of art. 11 11 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 158 158 of 12 November 2008 , published in MONITORUL OFFICIAL no. 784 784 of 24 November 2008. + Article 12 (1) Married owners may become agricultural rentiers and by the alienation and lease of agricultural land that are common goods if at least one of them is 62 years old. In this case, the agricultural rentier card shall be issued in the name of the spouse meeting the conditions provided for in art. 9. (2) In the case of common property, the agricultural annuity may also be established on the basis of the authentic notary declaration, relating to the extent of the quota-parts, the date by common agreement of all the co-owners. ----------- Alin. ((2) of art. 12 12 has been introduced by section 4 4 of the single article of EMERGENCY ORDINANCE no. 114 114 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.031 1.031 of 27 December 2006. + Article 13 Repealed. ----------- Article 13 has been repealed by point (a) 9 9 of art. I of EMERGENCY ORDINANCE no. 158 158 of 12 November 2008 , published in MONITORUL OFFICIAL no. 784 784 of 24 November 2008. + Chapter III National Office of Renta Viagera Agricola + Article 14 (1) The National Office of Renta Viagera Agricola is established as a direction within the State Domains Agency. (. The Office shall conduct, organise and coordinate the application of the provisions of this Title. + Article 15 (1) In each county, offices of the National Office of Renta Viagera Agricola are organized. (2) The offices keep records of agricultural rentiers in that county, releasing the agricultural rentier card. + Article 16 The duties, the organization and functioning regulations of the National Office of Renta Viagera Agricola and the county offices are established by order of the Minister of Agriculture, Forestry and Rural Development. + Article 17 (1) The funds necessary for the payment of the agricultural life annuity shall be ensured from the state budget through the budget of the Ministry of Agriculture, Forestry and Rural Development. (2) The payment of the agricultural life annuity shall be made by the State Domains Agency, according to the provisions of art. 6 and 8, by postal order, bank transfer or by any other way provided by law. ----------- Alin. ((2) of art. 17 17 has been amended by section 10 10 of art. I of EMERGENCY ORDINANCE no. 158 158 of 12 November 2008 , published in MONITORUL OFFICIAL no. 784 784 of 24 November 2008. + Article 18 Within 60 days from the date of entry into force of this title, by joint order of the Minister of Agriculture, Forestry and Rural Development and the Minister of Public Finance, the methodological norms for its application will be approved. + Article 19 The provisions of this Title shall apply to persons who have applied for the quality of rentier until 31 December 2009 inclusive. ------------ Article 19 was introduced by the single article of EMERGENCY ORDINANCE no. 17 17 of 3 March 2010 , published in MONITORUL OFFICIAL no. 147 147 of 3 March 2010. + Title XII Modification and completion Law no. 7/1996 of cadastre and real estate advertising, with subsequent amendments and completions + Article I Law of cadastre and real estate advertising no. 7/1996 , published in the Official Gazette of Romania, Part I, no. 61 of 26 March 1996, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 1, paragraph 1 shall be amended and shall read as follows: "" Art. 1. -(1) The general framework is the unitary and compulsory system of technical, economic and legal records of all buildings throughout the country. " 2. In Article 1, paragraph 3 shall be amended and shall read as follows: "(3) By immovable property, for the purposes of this law, one or more adjacent plots shall be understood, with or without construction, belonging to the same owner." 3. In Article 1, after paragraph 3, two new paragraphs are inserted, paragraphs 4 and 5 with the following contents: " (4) By plot means the land area with the same category of use. (5) The system of record of the general cadastre has as its purpose the registration in the real estate advertising register. " 4. Article 2 (b) shall be repealed. 5. in Article 2 (2), points a), c) and d) shall be amended and shall read as follows: " a) the identification, description and registration in cadastral documents, of buildings by their nature, their measurement and representation on maps and cadastral plans, as well as the storage of data on computer media; c) identification and registration of all owners and other legal holders of real estate, in order to register in the land book of a definitive nature; d) providing the necessary data to the system of taxes and fees for the correct establishment of tax obligations of taxpayers, requested by the competent bodies. " 6. In Article 3, paragraphs 2 and 7 shall be amended and shall read as follows: " (2) At the level of each county and in Bucharest, the cadastre and real estate advertising offices, hereinafter referred to as territorial offices, are established as units with legal personality subordinated to the National Agency, by reorganizing the current county offices of cadastre, geodesy and cartography and of the city of Bucharest and of the land registry offices. (7) The Director-General shall perform the duties and responsibilities of the principal authorising officer by issuing orders of an individual and normative nature. represents the National Agency domestically and internationally. " 7. In Article 3, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) At the level of administrative-territorial units, cadastre and real estate advertising offices, hereinafter referred to as territorial offices, are established in the subordination of territorial offices. The organization and functioning, the number as well as the arondation of territorial offices on administrative-territorial units, shall be established by order of a normative nature of the Director General of the National Agency. " 8. In Article 5, letters a ^ 1, b), c), d), e), f), j) and k) shall be amended and shall read as follows: " a ^ 1) controls the execution of cartography, topography, geodesy, photogrammetry and remote sensing works across the country; b) develop regulations and norms, promote techniques, procedures and specialized methodologies compatible with those of the European Union according to scientific and technical progress in the field of cadastre, geodesy, cartography and real estate advertising; c) authorizes natural and legal persons who can execute specialized works in the fields of cadastre, geodesy and cartography, on the territory of Romania, under the special law governing the establishment of their professional union; d) organize and manage the national geodesy and cartography fund, as well as the database of the general cadastre system; e) ensure, under the law, the execution, completion, modernization and maintenance in the state of use of the national geodetic network; f) endorses the topographic content of maps, plans, atlases, guides and other cartographic documents intended for public use; j) participate in the organization and coordination of measurements for the application of land laws; k) technically endorses the surveys carried out by the judicial experts in the specialty of topography, geodesy and cadastre regarding the correctness of the topographic data used, at the request of the courts. The above-mentioned opinions will be given by the territorial office on the basis of a common regulation, developed by the National Agency and the Ministry of Justice; " 9. In Article 5, after letter e) a new letter is inserted, letter e ^ 1), with the following contents: "" e ^ 1) ensures the execution and updating of official maps; " 10. In Article 5, after letter n) a new letter, letter n ^ 1) is inserted, with the following contents: " n ^ 1) ensures the training and specialization of specialized personnel in real estate advertising through the National Institute of Registrants; the structure, organization and administration of the institute shall be established and approved by Government decision, within 90 days of the entry into force of this law. " 11. In Article 6, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) Reception of works, executed by natural and legal persons authorized under the conditions of art. 5 lit. c), is carried out by the National Agency, or by territorial offices, as the case may be. (3) Within the territorial offices the database of the cadastre works. " 12. Article 7 is amended and shall read as follows: "" Art. 7. -The institutions in the field of defence, public order and national security can execute, with their own means, the works of cadastre, geodesy, gravimetry, topography, photogrammetry and cartography necessary to defend the country and preserve the order public, according to the technical norms of the National Agency. " 13. Article 8 is amended and shall read as follows: "" Art. 8. -Geodetic and cartographic data interested in defending the country, public order and national security are preserved, as the case may be, by the Ministry of National Defence, the Ministry of Administration and Interior, the Romanian Intelligence Service, Protection and Guard, Foreign Intelligence Service and legal entities in the defense sector. " 14. In Article 9, paragraph 3 shall be amended and shall read as follows: " (3) The tariffs and the receipts provided in par. ((2) lit. a) and b) are not carriers of T.V.A. and deduct from the notary stamp duty, being included in the case of real estate advertising operations in the notary stamp duty, for the translative acts of the ownership or constituent of its dismantling; these tariffs may not exceed 80% of the value of the notary stamp duty. " 15. In Article 9, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: "(3 ^ 1) In the case of real estate advertising services for which the stamp duty is not charged, the tariffs will be established by order of the Minister of Administration and Interior with the opinion of the Ministry of Public Finance." 16. In Article 9, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: "(4 ^ 1) The tariffs for real estate advertising services can also be collected by other institutions or persons, based on the collaboration protocols concluded with the National Agency." 17. in Article 9, after paragraph 12, two new paragraphs are inserted, paragraphs 13 and 14, with the following contents: " (13) The general framework is carried out on the basis of the annual plan proposed by the National Agency together with the ministries concerned and approved by the Government; the amounts for the introduction of general cadastre works represent subsidies from the state budget provided in the budget of the Ministry of Administration and Interior and transferred to the National Agency with the sole destination. (14) The bodies and authorities of the central and local public administration as well as other interested natural and legal persons, who have funds available for the introduction of general cadastre works outside the annual plan approved by the Government, will conclude a collaboration agreement with the National Agency on the specification, the modalities of verification, reception, and enrolment in the real estate advertising system and the use of this information. " 18. In Article 10, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) In the framework of the economic function of the general cadastre, the technical elements necessary to establish the taxation value of the buildings and to calculate the taxes on the incomes made from real estate transactions are (3) The legal function of the general cadastre shall be carried out by identifying the owner on the basis of the property deed and by enrolling in the land register. 19. Article 11 is amended and shall read as follows: "" Art. 11. -(1) At the level of the administrative-territorial units-commune, city and municipality-the technical cadastre works consist of: a) establishing, according to the law, the decisions of the administrative-territorial unit and the component intravilane limits; b) identification of the premises of the buildings on the basis of the property documents or, in the absence thereof, on the basis of the possession under the owner's name and the determination of the shape and dimensions of all the buildings in each unit administrative-territorial; c) record of the foreign disputes pending before the courts; d) preparation of cadastral technical documents. ((2) Delimitation and marking of administrative decisions of the administrative-territorial units provided in par. (1) as well as the limits of the localities of the localities shall be made by the commission established for this purpose by the order of the prefect; the regulation of organization and functioning of the delimitation commission is approved by order of the Minister of Administration and internals. " 20. Article 12 is amended and shall read as follows: "" Art. 12. -(1) The technical documents of the general cadastre, which will be drawn up at the level of communes, cities and municipalities, are: a) the cadastral register of buildings; b) alphabetical index of the owners; c) cadastral register of owners; d) the cadastral plan and the annexes to Part I of the land book. (2) Real estate owners are obliged to allow the access of specialists for the execution of general cadastre works, to admit, under the law, the location, on the ground or on construction, of geodetic signs and signals and to ensure protection and their preservation. (3) The database can be written and archived and in the form of records, on supports accessible to automatic data processing equipment, having the same legal effects and the evidential force equivalent to that of the documents on the basis of which they have Registered. (4) The mayors of the localities have the obligation to notify the owners of the buildings, in writing, by display and by other means of advertising, to allow the access of specialists for the execution of cadastre works or, as the case may be, to present themselves personally to give clarification on the buildings and to participate in the identification and marking of their limits. If the owners of the buildings do not present themselves, the identification of the limits is made in (5) After the completion of the field works, for each administrative-territorial unit, the data obtained shall be processed, recorded in the technical documents of the cadastre, received and inserted into the cadastral database. The defining data of each building is transmitted by the territorial office, to the local council, which has the obligation to inform the holders by written notice and by display at the town hall. (6) Appeals with regard to the accuracy of the data communicated, accompanied by supporting documents, may be presented by the holders, in writing, within 60 days of the written notice, to the territorial office which will settle them within 30 days. days. Those dissatisfied with the way of settling appeals by the territorial office can complain to the court in whose area the territorial competence is located, within 30 days of the communication of the results. (7) The registration in the land register shall be made ex officio, after the completion of the general cadastre on an administrative territory and the expiry of the deadline for the resolution of appeals, based on a regulation approved by order of the Director General of the National Agency. " 21. Article 13 (4) and (5) shall be repealed. 22. In Article 13, paragraphs 1, 2 and 3 shall be amended and shall read as follows: "" Art. 13. -(1) The cadastral plan contains the graphical representation of the data from the cadastral registers, regarding the buildings within the administrative-territorial units-communes, towns and municipalities-and shall be kept at the territorial office. (2) Registers, cadastral plans and annexes to Part I of the land book will be the basis of completion or, as the case may be, the ex officio of land books, upon completion of cadastral measurements at the level of administrative-territorial units. A copy thereof shall be kept in the archive of the territorial offices. A copy of the cadastral plans and registers shall be submitted free of charge to the local councils. (3) The plans, cadastral registers and annexes to Part I of the land book shall be kept up to date, in accordance with the cadastral documentation prepared for the registration of legal acts and deeds, based on the requests and communications made according to the law. " 23. Article 14 (1) shall be repealed. 24. In Article 14, paragraph 2 shall be amended and shall read as follows: "(2) The National Agency and the subordinate territorial offices have the obligation to provide, upon request, to the competent bodies, the records necessary to establish the value of taxation." 25. Article 15 is amended and shall read as follows: "" Art. 15. -The completion, modernization and maintenance of the national geodetic network necessary for the preparation and up-to-date young persons of the cadastral plans and topographic maps shall be carried out under the coordination of the National Agency. " 26. Article 16 shall be repealed, 27. Article 17 is amended and shall read as follows: "" Art. 17. -The territorial office shall control and receive, as the case may be, the works of geodesy, topography, cadastre and cartography. " 28. Article 18 shall be repealed, 29. Article 19 is amended and shall read as follows: "" Art. 19. -The manner of approval, verification and reception of specialized works in the fields of cadastre, geodesy, topography and cartography is established by regulation approved by order of the Director General of the National Agency, with consultation professional union established by special law. " 30. Article 20 (1 ^ 1)-(1 ^ 5) and (3) shall be repealed. 31. In Article 20, paragraphs 2, 4 and 5 shall be amended and shall read as follows: " (2) One or more adjacent plots, from the territory of an administrative-territorial unit, regardless of the category of use, belonging to the same owner, form the building defined in art. 1 1 para. ((3), shall be identified by a unique cadastral number and shall be entered in a land book. (4) The land books drawn up and numbered on the administrative territory of each locality make up, together, the cadastral register of real estate advertising of this territory, which is held by the territorial office of the territorial office in whose territorial area the building is located. (5) This register is completed with the entry register, with the cadastral plan, with the cadastral register of the buildings, indicating the cadastral number of the buildings and the number of orders of the land books in which they are registered, with an alphabetical index of owners and with a map in which applications for registration are kept, together with a copy of the finding documents of the legal acts or facts subject to registration. " 32. After Article 20, a new article is inserted, Article 20 ^ 1 with the following contents: "" Art. 20 20 ^ 1. -(1) The activity of real estate advertising within the territorial offices is fulfilled by land registry registrars, hereinafter referred to as registrars, appointed by order of the Director General of the National Agency, following a competition organized by this. (2) The number of registrars for each territorial office shall be established by order of the Director General of the National Agency. (3) Within the territorial offices, the activity of real estate advertising is the responsibility of a chief registrar and within the territorial offices under the responsibility of a coordinating registrar, appointed by order of the Director General of the National Agency, following a competition. (4) The person who cumulatively meets the following conditions may be appointed registrar: a) has Romanian citizenship and has the capacity of civil rights; b) is licensed in law; c) has no criminal record; d) enjoy a good reputation; e) knows the Romanian language; f) is medically fit to fill the position; g) served for 5 years as assistant-registrar or exercised for 3 years the position of notary, judge, prosecutor, lawyer, legal adviser or other legal specialist position. (5) Graduates of the National Institute of Registrants have priority to fill vacancies of registrars. The organization of the contest for filling vacancies of registrars will be done only if they have not been occupied by the graduates of the Institute. (6) Until the date of organization of the contest, registrars may be appointed from the employees of real estate advertising services who, although they do not meet the conditions of studies, have at least 5 years of experience in the field of real estate (7) The Registrar shall be responsible for its activity under the law (8) Within the National Agency operates the Real Estate Advertising Directorate that organizes, coordinates and controls the real estate advertising activity within the territorial offices, in order to comply with the laws and regulations in matter. " 33. Article 21 (1) (A), (a), (b) and c) shall be amended and shall read as follows: " a) the number of orders and the cadastral number of the property; b) the area of the property, the destination, the categories of use and, as the case may be c) the plan of the property with the neighbors, the description of the property and the inventory of coordinates of the site, for each individual building, is the annex to Part I, drawn up according to the regulation approved by order of the Director General of National Agency. " 34. Article 21 (1) (A) (d) shall be repealed. 35. In Article 22, paragraphs 1, 2 and 3 shall be amended and shall read as follows: "" Art. 22. -(1) The right to property and the other real rights to a building shall be entered in the land register on the basis of the act by which it was constituted or transmitted validly. (2) Real rights shall be extinguished only by the registration of their eraser from the land book, with the consent of the right holder; this consent is not necessary if the right goes out by the death of the right holder or by the shown in registration; if the right to be removed is encumbered for the benefit of a person, the deletion will be done with the preservation of the right of this person. (3) The final and irrevocable court decision or, in the cases provided by law, the act of the administrative authority, will replace the agreement of will required in order to register the real rights, if they are opposable to the holders. " 36. Article 27 is amended and shall read as follows: "" Art. 27. -(1) Entries in the land register will produce their effects of opposability to third parties from the date of registration of applications; the order of registration of applications will determine the rank of entries. (2) If several applications for enrolment of the real rights were submitted at once to the territorial office, they will receive provisionally the same rank, and the court will decide on the rank of each. (3) If several applications have been submitted at once having as object the registration of several mortgage rights on the same building, they will receive the same rank. " 37. In Article 28, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) The holder of the rights acquired by the listed modes, however, cannot dispose of them, until after they have been entered in the land register in advance. (4) Entries are of three kinds: a) intabulation, having as object the definitive registration of real rights; b) provisional registration of real rights under the condition of subsequent justification; c) Noting, having as object, the registration of personal rights, legal acts and deeds relating to the state and capacity of persons, actions and legal remedies, as well as freezing measures, in relation to buildings from the land book. " 38. Article 29 is amended and shall read as follows: "" Art. 29. -(1) The one who has obliged himself to displace or constitute for the benefit of another a real right on a building, is obliged to hand over all the necessary documents for the registration of that right. (2) If a right inscribed in the land register is extinguished, the holder shall be obliged to hand over the necessary documents to the eraser. (3) If the one obliged does not hand over the documents, the interested person will be able to request the court to order the registration in the land register. The judgment of the court will supplement the consent to the registration of the party that has the obligation, to hand over the documents necessary for the registration. (4) The right to action in the tabular performance is unforeseeable. (5) The action in the tabular performance shall also be directed against the acquiring third party entered in the land register, if the following conditions are cumulatively met: a) the legal act on the basis of which the tabular benefit is requested to be concluded before the one on the basis of which the third party's right to the land register was entered b) the third party has acquired the property free of charge or, if it has acquired it for onerous title, to be of bad faith. " 39. Article 31 shall be repealed. 40. Article 32 is amended and shall read as follows: "" Art. 32. -(1) Provisional registration shall become opposable to third parties with the rank determined by the application for registration, under condition and to the extent of its justification. (2) Provisional registration may be required in the following situations: a) when the actual right to be entered is affected by a suspensive condition; b) when the application of a real right is sought pursuant to a judgment which has not remained irrevocable; c) if a tabular right is acquired which has previously been provisionally entered; d) if the debtor recorded the amounts for which the mortgage was registered or the real estate privilege; e) if additional documents are required for the resolution of the application, which, however, do not affect the fund of the right to be registered and do not substantiate new heads of application. (3) In the latter case, the applicant will be notified to submit within a set time, as the case may be, of the registrar, the necessary documents, under the sanction of the deletion of the provisional registration. If the documents are submitted within the deadline, the provisional registration will be justified, by a conclusion given by the land registry registrar. (4) The justification of the provisional registration will be made on the basis of the consent of the one on which the provisional registration was made, of an irrevocable court decision or of the conclusion of the land book registrar, in the situation of the last Mentioned provisional registration case. ((5) The justification of the deregistration of the mortgage right shall be based on the consent given in the authentic form of the holder of the mortgage right or on the basis of a final and irrevocable court decision. " 41. Article 34 is amended and shall read as follows: "" Art. 34. -(1) The word of the land book, outside the restrictions and legal exceptions, is considered exactly only for the benefit of that person who, by virtue of a legal act by legal title, has acquired in good faith a real right inscribed in the land book. (2) The acquiring interest is considered in good faith if, at the time of registration of the application for the registration of the right for its benefit, no action was noted to contest the land book, or if from the title of the transmitter and from the land book does not show any discrepancy between this and the real legal situation. " 42. Article 35 is amended and shall read as follows: "" Art. 35. -The opposability effect of enrolments is inoperative with reference to: a) land area, destination, category of use, value or other such aspects; b) restrictions on the right of property through the neighbourly relations, expropriation or legal provisions on ecological protection, systematization of localities and other such aspects. " 43. After Article 35, a new article is inserted, Article 35 ^ 1, with the following contents: "" Art. 35 35 ^ 1. -(1) If the land book content does not correspond, with regard to enrolment, with the actual legal situation, it may be required to rectify or, as the case may be, amend it. (2) By rectification it is understood the deletion, correction or mention of the registration of any operation, likely to be the subject of a registration in the land book. (3) The modification means any change regarding the technical aspects of the property, a change that does not affect the essence of the right that bears on that building. The amendment can only be made at the request of the holder of the property right. (4) The rectification of entries in the land register may be made either amicably by authentic declaration or in case of dispute by final and irrevocable court decision. (5) The material errors committed on the occasion of the entries in the land register may be directed at the request or ex officio. (6) The procedure for amending the entries in the land register, the amendments and the correction of the material errors shall be established by regulation approved by the Director-General of the National Agency. " 44. Article 38 is amended and shall read as follows: "" Art. 38. -The action in rectification, based on the invalidity of the registration, of the title that was based on it or on the wrong qualification of the registered right, will also be possible against third parties who have registered a real right, acquired with good faith and by legal act as onerous, based on the land book, within three years from the date of registration of the application for registration made by the direct acquirer of the right whose rectification is required, except the case when the substantive law to the substantive action was not prescribed. " 45. Article 40 is amended and shall read as follows: "" Art. 40. -The legal acts and deeds, regarding the personal rights, the state and the capacity of persons in connection with the buildings contained in the land register, will be able to be registered on request, with an opposability effect for third parties. " 46. In Article 43, paragraphs 1, 2 and 4 shall be amended and shall read as follows: "" Art. 43. -(1) Any person may research the land book and the other records that make up the cadastral register of real estate advertising, except for records concerning national security. (2) On request, extracts, certificates or certified copies will be issued according to the original on land books, plans or documents, with proof of payment of legal tariffs. (4) The Mapa of the documents on the enrolment appealed may be investigated by the court and the criminal investigation bodies, under the law. " 47. Article 44 is amended and shall read as follows: "" Art. 44. --(1) The property entered in the land register may be modified by joining, dismissing or by increasing or decreasing its scope. ((2) The property is modified by detachment, if a plot of a building is separated. The detachment of a building or part of a building, is done together with the tasks encumbering the building. The building encumbered with tasks cannot be attached to another building, but will form, in case of detachment, a separate building. " 48. Article 45 is amended and shall read as follows: "" Art. 45. -(1) In case of bonding or detachment, transcripts will be carried out, if a plot passes from a land book to another, or reenrolments, if, dismissing a plot, it will pass in the same land book as a building in its own right. (2) If a part of the plot is transcribed into another land book, a distinct building with new cadastral number will be formed, and the rest is inscribed in the old land book, with the mention of the new cadastral number and the surface of the building, and if all the buildings registered in a land book have been transcribed, it will close and will no longer be able to be reopened for new registrations. " 49. Article 46 is amended and shall read as follows: "" Art. 46. -More owners may not be entered in the same land book unless they are found in the case of co-ownership, in which case the individual part of each owner will be shown. " 50. Article 47 is amended and shall read as follows: "" Art. 47. -(1) If a building with construction-condominium-, of which some parts are common individuals and the rest are individual, a collective land book is drawn up for the entire construction, and one individual land book for each individual property that can be represented from apartments or spaces with a destination other than that of dwelling; by assimilation, condominium and a section can be defined with one or more stairs, within the living building, under the conditions in which may delimit the common property. (2) The right of forced and perpetual common property on the common parts of a building shall be capitalized only together with the exclusive right of property bearing on it or a specified part thereof. " 51. Article 48 is amended and shall read as follows: "" Art. 48. -(1) The furniture belonging to the public domain and the private domain of the state or, as the case may be, of the administrative-territorial unit, shall be entered in special land books of the administrative-territorial unit on which they are located, with the exceptions provided by law. (2) The special land books shall be held by the territorial offices of the office of cadastre and real estate advertising. " 52. Article 49 is amended and shall read as follows: "" Art. 49. -(1) The application for registration in the land register shall be submitted to the territorial offices of the territorial office and shall be accompanied by the original inscription or by the certified copy thereof, by which the act or the legal fact of which the registration is requires; the certified copy will be kept in the mapa of the cadastre and real estate advertising office. (2) In the case of the judgment, a certified copy will be presented, with the mention that it is final and irrevocable. (3) The applications for registration will be registered immediately in the entry register, with the mention of the date and number resulting from the chronological order of their submission. (4) If several applications were submitted at once to the same territorial office, the mortgage rights and privileges will have the same rank, and the other rights will receive only provisional equal rank, and will by judgment decide on the rank of and the radiation of the invalid conclusion. ((5) Registration in the land register shall be made at the request of the interested parties, except in cases where the law provides for public registration; the application for registration shall be made at the office where the land register is to be made. enrollment. (6) Intabulation or provisional registration may be required by any person who, according to the original document, the judgment or the decision of the administrative authority, is to be displaced, to constitute, to modify, to acquire or to left a tabular right. (7) The registration of a right or the deletion of a task may be required: a) of the general trustee of the guided one; b) any of the holders of the same right. (8) The creditor whose demanding and chargeable claim is proven by a document or by a court decision, or in the particular cases provided by law by a decision of the administrative authority, will be able to ask the court, on behalf of and for the benefit of its debtor, enrolling a tabular right or erring a task. (9) The debtor who paid the mortgage claim of an unenrolled transferee in the land book may require the removal of the mortgage, if he depicts the original sign of the assignment and the proof receipt of the payment. " 53. Article 50 is amended and shall read as follows: "" Art. 50. -(1) If the registrar admits the application, it has the intabulation or provisional registration by conclusion, if the document meets the following conditions: a) is concluded in compliance with the forms prescribed by law; b) indicate the names c) individualize the building through a unique identifier; d) is accompanied by a certified translation, if the act is not drawn up in Romanian; e) is accompanied, as the case may be, by a copy of the land book extract for authentication or the certificate of tasks that was the basis for the preparation of the act. (2) The conclusion will include the determination of the right or the fact, the indication of the cadastral number of the property and the land book, as well as of the part of the land book in which the registration is to be made. Also, the positions that have been radiated and the name of the one in favor or against whom the entries were made, regardless of their own kind, will be indicated. (3) In the case, in which the cadastral identification of the property is not possible, based on the existing data, cadastral documentation prepared and received according to the provisions of this law will be used. " 54. Article 51 is amended and shall read as follows: "" Art. 51. -If it is found that the application for registration in the land register does not meet the legal conditions, it will be rejected by a reasoned conclusion. The rejection of the application will be made mention in the entry register, next to its registration as well as in the land register. " 55. In Article 52, paragraphs 1 to 4 shall be amended and shall read as follows: "" Art. 52. -(1) The conclusion shall be communicated to the person who asked for the registration or deletion of an act or legal fact, as well as to the other persons concerned according to the entries in the land book, regarding the property in question, within 15 days of delivery of the conclusion, but no later than 30 days from the date of registration of the application. (2) The conclusion of registration or rejection can be appealed with complaint, within 15 days from the communication, to the territorial office. The complaint against the conclusion shall be submitted to the territorial office and shall be entered ex officio in the land register. The territorial office is obliged to submit the complaint to the court in whose area the territorial competence is located, accompanied by the conclusion file and the copy of the land book. (3) The judgment given by the court may be appealed. (4) The final and irrevocable judicial decision shall be communicated, ex officio, to the territorial office by the court which has given its last ruling on the fund. " 56. In Article 52, after paragraph 4, two new paragraphs are inserted, paragraphs 5 and 6, with the following contents: "" (5) The registration made under this court decision shall produce its effects from the registration of the application for registration with the territorial office. ((6) In case of rejection of the complaint by final and irrevocable court decision, the notaries made shall be radiated ex officio. " 57. In Article 53, paragraph 1 shall be amended and shall read as follows: "" Art. 53. -(1) The entries and the radiations made in the land books may be rectified only on the basis of the judgment of the final and irrevocable court or amicable, on the basis of a declaration given in authentic form, by the tabular holder, respectively the holder, on the basis of a cadastral documentation. " 58. In Article 54, paragraph 1 shall be amended and shall read as follows: "" Art. 54. -(1) If a land book is to be drawn up or completed by the registration of a building that was not included in any other land book, as well as where a land book was destroyed, lost or became a land registry. non-usable, in whole or in part, from different cases, the preparation, completion and reconstitution, as the case may be, shall be made by the registrar of the territorial office, on request or ex officio, with the consent of those interested on the basis of a conclusion. For this purpose, all existing technical documents and documents relating to the buildings concerned, as well as the situation of the right of ownership, shall be used. " 59. In Article 55, paragraph 1 shall be amended and shall read as follows: "" Art. 55. -(1) The material errors committed on the occasion of registration or radiation may be directed, by reasoned conclusion, by the registrar from the territorial office, on request or ex officio, with its communication to the interested person. " 60. Article 56 (1) shall be amended and shall read as follows: "" Art. 56. -(1) The public notary who drew up the act regarding a tabular right is obliged to request ex officio the registration in the land register at the territorial office in whose area the building is located. The exercise of this obligation will be made express mention in the act or, as the case may be, of the certificate of heir. The mention will be made if the property in the estate has opened land registry or cadastral documentation exists. When authenticating the documents constituting, modifying or extinguishing a real estate right, the public notary will request a land book extract for authentication or, as the case may be, certificate of tasks. During the period of validity of the land book extract for authentication, the registrar will not perform any kind of enrolment in the land registry, except for the one for which the extract was issued. " 61. Article 56 shall be inserted after Article 56, Article 56 ^ 1, with the following contents: "" Art. 56 56 ^ 1. -(1) The right of property acquired through construction will be able to register in the land register on the basis of a certificate issued by the town hall of the locality where the building is located, certifying, when applicable, the fact that the owner has edified construction in accordance with the building permit issued according to the law, as well as a cadastral documentation. (2) The mortgage may be entered only on a building in its entirety, or on the share belonging to a co-owner. If the mortgage was constituted on a part of the construction, it will be inscribed both on it and on the corresponding share of the common parts. (3) The mortgage constituted on a future good may be filed under the law on mortgage credit for real estate investments, if the existence of the building permit and the notarization of the reception minutes has been noted in advance partial. (4) In all cases where by law a real estate privilege or a legal mortgage is granted for the guarantee of any right or claims, they shall be entered ex officio in the land register, unless the parties expressly waive the this benefit; the registration of the privilege or the legal mortgage is usually made pursuant to the enrolment from which the privileged claim results or which confers the right to take a mortgage inscription. (5) Privileges or legal mortgages will be entered for the amount provided in the document; if the claim is not determined, for the maximum amount shown in the application, as well as the amount of interest. In all cases, the privileges shall be entered and acquired only under the conditions determined by the law that established them, and in the absence of any mention in this law, they receive rank according to the legal provisions regarding the registration of mortgages. (6) When the proof of sale is shown that the price has not been paid or has not been paid in full, the privilege for guaranteeing the price due shall be entered ex officio, for the benefit of the seller. (7) If the sale has been abolished, the privilege shall be removed ex officio. ((8) Provisions of para. ((4) will apply accordingly in the case of exchange or sharing, for the difference in value due in money. (9) The privilege for guaranteeing the price due to the adjudicatory co-owner of the property subject to the division will be entered under the adjudication act. (10) If the mortgage of the novate claim has been reserved for the guarantee of the new claim, it will register, in the rank of the old mortgage or the old privilege, on the basis of the sign that proves the novation. (11) The subrogate in the rights of the mortgage or privileged creditor will be able to apply for the removal of the right of mortgage or privilege under the documents proving the subrogation. " 62. In Article 58, paragraph 2 shall be amended and shall read as follows: "(2) All documents of record and real estate advertising shall be taken over and preserved by the territorial offices of the territorial offices in whose area the buildings are located." 63. Article 59 is amended and shall read as follows: "" Art. 59. -The legal act on the constitution or transmission of a real estate right, valid before the entry into force of this law, not transcribed in the register of transcripts and inscriptions or, as the case may be, not entered in the land register, shall produces the effects at the date of registration in the land register, according to the provisions of this The act under private signature, valid concluded, will be considered if it has the prior date of entry into force of Law of Land Fund no. 18/1991 .. " 64. Article 60 is amended and shall read as follows: " Article 60. -(1) In land book regions subject to Decree-Law no. 115/1938 for the unification of provisions relating to land books or, where applicable, Law no. 242/1947 for the transformation of the provisional land books of the Old Kingdom into land advertising books, the entries relating to the buildings, contained in the land books or, as the case may be, in the land advertising books, will continue to be made in these books, in compliance with and under the provisions of this law. (2) In the regions of transcriptions and real estate inscriptions, until the opening of the land book, the legal privileges and mortgages, the seizure, the pursuit of the property, its fruit and income, the setting in motion of the criminal action, as well as The actions to defend the real rights regarding the buildings not entered in the land register will continue to be registered in the old real estate advertising registers. ((3) In the case of enrolment of a construction, dismantling or alloying of a land body inscribed in a land book drawn up on the basis of Decree-Law no. 115/1938 , as well as for the registration of buildings acquired under land laws, a new land book will be opened for the detached building, according to the provisions of this law. " 65. In Article 61, paragraph 1 shall be amended and shall read as follows: "" Art. 61. -(1) The acts and legal facts regarding the buildings located on an administrative territory, for which the documents of the general cadastre have not been completed, will be entered in a land book. Under the same conditions, property securities issued under land laws will also be entered. At the request for registration will be attached the cadastral documentation to which the registration refers, drawn up by a natural or legal person authorized by the National Agency or by the territorial offices, as the case may be. The content of the cadastral documentation and its preparation shall be established by the National Agency. " 66. Article 61 (2) and (3) shall be repealed. 67. Article 62 is amended and shall read as follows: "" Art. 62. -The way of enrolment of buildings belonging to institutions in the field of defence, public order and national security will be established by these bodies, together with the National Agency. " 68. Article 65 is amended and shall read as follows: "" Art. 65. -(1) The National Agency shall draw up, within 30 days from the date of entry into force of this Law, the Regulation on organization and functioning of territorial offices within the territorial offices. (2) Authorized persons on carrying out the activity of carrying out and checking the specialized works in the field of cadastre, geodesy and cartography by natural and legal persons authorized on the territory of Romania, shall proceed, under the special law, to the establishment of a professional union. " 69. Article 66 is amended and shall read as follows: "" Art. 66. -(1) The Ministry of Administration and Interior, through the National Agency, is empowered to control the activity of all natural and legal persons, who carry out activities on the territory of Romania in the fields of cadastre, geodesy and Mapping. (2) The following facts are contraventions: a) the use in official documents of data on owners, land or constructions, other than those registered in the cadastral documents made under the conditions of this law; b) the refusal of the owners of buildings to allow the access of the execution personnel for the realization of cadastre, geodetic, topographic and photogrammetric works, with the exception of the Ministry of National Defence, the Ministry of Administration and The Interior, the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Guard Service and the legal entities of the defense sector; c) refusal to make available to the National Agency or subordinate institutions of specialized documentation usable in cadastre works by those who own them, except the Ministry of National Defence, Ministry of Administration and the Interior, the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Guard Service and the legal entities of the defense sector; d) publication, dissemination or use knowingly of data, documents and specialized information developed or under the administration of the National Agency or subordinate units without their consent, as the case may be; e) the execution of geodesy, cartography, cadastre, photogrammetry and remote sensing works without the execution notices issued by the National Agency or the cadastre and real estate advertising offices, as the case may be; f) the realization and verification of specialized works in the fields of cadastre, geodesy and cartography, without legal authorization; g) non-compliance or violation of regulations, norms, methodologies and standards in the fields of cadastre, geodesy and cartography, as well as in the field of real estate advertising; h) non-compliance with the legal provisions regarding the preparation, record, multiplication and preservation of data and documents of a secret nature i) preparation of translative acts of property without land book extract. ((3) The facts referred to in point. a) and b) are sanctioned with a fine from 2,000,000 lei to 5,000,000 lei, and those provided in lett. c)-i) with a fine from 10,000,000 lei to 20,000,000 lei and/or the suspension of the authorization. ((4) The fines shall apply to natural and legal persons, as the case may be, and shall be updated by order of the Minister of Administration and Interior, based on the inflation indices established by the National Institute of Statistics. " 70. Article 67 is amended and shall read as follows: "" Art. 67. -(1) The finding of contraventions and the application of sanctions shall be carried out by the National Agency, by its powers. (2) The contraventions provided for in this Law are applicable to their provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ((3) The degradation or destruction of borns, landmarks, levelling marks and signals from the national geodetic network, located in the basement, on the ground or on construction or preventing measures to preserve these goods, is a criminal offence. of destruction and is punished according to the provisions of art. 217 of the Criminal Code. (4) It is also a crime of possession disorder and is punishable, according to the provisions of art. 220 of the Criminal Code, the modification with intent of materializations of property limits, the establishment or relocation of boundary signs and landmarks marking the area limits of the railway, roads, channels, airports, ports, horses navigable, delimitations of cadastral, forestry, geological and mining borders, without the approval provided by law. " 71. Article 68 is amended and shall read as follows: "" Art. 68. --(1) Within 10 days from the date of completion of the works of introduction or maintenance of the general cadastre on an administrative-territorial unit-commune, city or municipality, the territorial office shall transmit to the territorial offices the documents cadastral technical from the territory of each administrative-territorial unit, in order to establish ex officio the land books of the buildings. (2) Territorial offices and territorial offices shall carry out, maintain and ensure the preservation of safety children from cadastre, geodesy, cartography and real estate advertising documents, including microfilms or computer media. " 72. Article 68 shall be inserted after Article 68 (1) with the following contents: "" Art. 68 68 ^ 1. -Information systems specific to the fields of activity shall be carried out by the central public authorities responsible for those areas. " 73. Article 70 shall be repealed. 74. Article 71 shall be amended and shall read as follows: "" Art. 71. --(1) Information relating to the national geodetic network, official maps, general cadastre and real estate advertising is public information and represents good public property of the state and are in the administration of the National Agency by subordinate units. This information may be consulted and accessible to any natural or legal person for a fee, with the exception of national security information. (2) The above-mentioned information may be consulted free of charge by central and local public authorities in order to carry out projects of national interest. " 75. The introductory part of paragraph 2 of Article 72 shall be amended and shall read as follows: " (2) On the date of completion of the general cadastre works and of the real estate advertising registers for the entire administrative territory of an administrative-territorial unit, the following shall cease its applicability legal provisions: ' + Article II Law of cadastre and real estate advertising no. 7/1996 , published in the Official Gazette of Romania, Part I, no. 61 of March 26, 1996, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Title XIII Acceleration of judgments in the matter of restitution of land properties + Article 1 In order to accelerate the judgment of complaints, appeals and other disputes arising from the application Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, as well as the Law no. 1/2000 for the reconstitution of property rights on agricultural and forestry land, requested according to the provisions of Law of Land Fund no. 18/1991 and ale Law no. 16/1997 , with subsequent amendments and completions, hereinafter called land processes, the procedure before the courts will be carried out according to the provisions of this title, which will be completed with those of the Code of Civil Procedure. + Article 2 (1) The judgment of the land processes is urgently and mainly made, including during the period of the court holidays. The court terms granted by the court will not be able to be more than 15 days, unless the parties agree to give a longer term. (2) In the courts the land processes will be settled by specialized complete. + Article 3 ((1) Except for the citation of the party for the first term of trial or for the first term after the reinstatement of the case pending, as well as the communication of the judgments by which the pending trial is resolved, either party may perform, through the bailiff, the procedure for summoning or communicating requests or documents to the other party. (2) In this case, the party may not, except for the situation referred to in art. 118 118 para. (3) of the Code of Civil Procedure, to request the postponement of the trial of the case for the preparation of the defence or to take note of the requests or documents communicated, if the proof of the citation or communication made at least 5 days before the deadline of the judgment is filed at that time. + Article 4 (1) The following rules shall apply to the proposal and administration of the evidence: a) the technical expertise will not be approved unless the applicant party submits in that public meeting the objectives of the requested expertise; b) the evidence with witnesses will not be approved unless the party submits at the time when the admission of the sample is to be discussed the full name and address of the proposed witnesses; c) the evidence with questioning will not be approved unless the party proposing this evidence makes available at the time the admissibility of this evidence the list of questions to which the other party must answer. ((2) The witnesses shall not be summoned for the hearing, their presentation at the court term being in charge of the party that proposed them. (3) The technical expertise report can be communicated by the expert, together with the submission to the court, and directly to the parties in the process, in compliance with the procedural deadlines. (4) The failure to submit the expert report, at the fault of the technical expert, less than 7 days before the court term granted for this purpose, draws its obligation to pay a civil fine, according to the provisions of the Code of Civil Procedure, even whether the court had not previously given him the possibility of applying such a sanction. If the expert proves that the failure to submit the term expertise is not due to his fault, he will be exonerated from the payment of the fine, provided that the report is submitted to the established court term. If the delay exceeds the deadline fixed by the court, the expert will also be liable to pay a cominatory fine to the state of at least 100,000 lei/day of delay, starting with the day following the trial deadline. (5) The extrajudicial experiments presented by the parties in the land processes have the same probative value as the surveys ordered by the court, provided that they are carried out by experts authorized by the courts. Justice Ministry. + Article 5 (1) The decisions rendered by the courts in the land trials in the first instance shall be subject only to the appeal. The final and irrevocable decisions likely to be entered in the land register shall be communicated ex officio by the court of the land registry offices. (2) By way of derogation from art. 264 of the Code of Civil Procedure, the reasoning of the decisions rendered in the land processes must be made within 7 days of the ruling. (3) The enforcement of judgments handed down in land processes is exempt from the payment of stamp duties and judicial stamp. The creditor will pay up to 20% of the enforcement expenses, including the honorarium of the bailiff, and the difference will be obtained by the bailiff directly from the debtor, with the advance paid. + Title XIV Transitional provisions + Article UNIC Until the date of approval of the normative acts amending them, the Methodological Norms issued under Law no. 10/2001 on the legal regime of immovable property improperly taken over the period from 6 March 1945 to 22 December 1989, republished, Government Emergency Ordinance no. 94/2000 on the restitution of immovable property belonging to religious cults in Romania, approved with amendments and completions by Law no. 501/2002 ,, as amended and supplemented, and Government Emergency Ordinance no. 83/1999 concerning, the restitution of immovable property belonging to the communities of citizens belonging to national minorities in Romania, approved with additions by Law no. 66/2004 , as amended, remain applicable, insofar as they do not contravene the provisions of this law. + Title XV* ***) Modification and completion Law no. 317/2004 on the Superior Council of Magistracy -------------- **** ****) Law no. 317/2004 has been republished under art. VI of Title XV of Law no. 247/2005 in OFFICIAL MONITOR no. 827 827 of 13 September 2005. + Article I Law no. 317/2004 on the Superior Council of Magistracy, published in the Official Gazette of Romania, Part I, no. 599 of 2 July 2004, shall be amended and supplemented as follows: 1. Article 1 is amended and shall read as follows: "" Art. 1. -(1) The Superior Council of Magistracy is the guarantor of judicial independence. (2) The Superior Council of Magistracy is independent and is subject to its law only. The members of the Superior Council of Magistracy respond to judges and prosecutors for the work carried out in the exercise of their 2. Article 3 shall be repealed. 3. in Article 4, points a) and c) shall be amended and shall read as follows: " a) 9 judges and 5 prosecutors, elected in general meetings of judges and prosecutors, who compose the two sections of the Council, one for judges and one for prosecutors; c) President of the High Court of Cassation and Justice, representative of the judiciary, the Minister of Justice and the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, who are members of law of the Council. " 4. Article 5 is amended and shall read as follows: "" Art. 5. -The section for judges of the Superior Council of Magistracy is made up of: a) 2 judges of the High Court of Cassation and Justice; b) 3 judges from the courts of appeal; c) 2 judges from the courts; d) 2 judges from the judges. " 5. Article 6 is amended and shall read as follows: "" Art. 6. -The section for prosecutors of the Superior Council of Magistracy is made up of: a) 1 prosecutor from the Prosecutor's Office of the High Court of Cassation and Justice or from the National Anti-Corruption Prosecutor's Office; b) 1 prosecutor from the prosecutor's offices of the courts of appeal; c) 2 prosecutors from the prosecutor's offices of the courts; d) 1 prosecutor from the prosecutor's offices of the judges. " 6. Article 7 is amended and shall read as follows: "" Art. 7. -(1) Judges and prosecutors, members of the Superior Council of Magistracy, provided in art. 4 lit. a), are elected in general meetings of judges or, as the case may be, of prosecutors. (2) The date on which the general meetings of the judges and prosecutors take place shall be determined by the Plenum of the Superior Council of Magistracy, at least 90 days before the expiry of the mandate of its members and shall be published in the Gazette Official of Romania, Part III, and on the website of the Superior Council of Magistracy. " 7. Article 8 is amended and shall read as follows: "" Art. 8. -(1) Members of the Superior Council of Magistracy shall be elected from among judges and prosecutors appointed by the President of Romania (2) Judges and prosecutors can support their applications for election as members of the Superior Council of Magistracy before the collective of judges and prosecutors. The candidacies of judges and prosecutors can be supported by the collectives of judges and prosecutors, as well as their professional associations. (3) The period during which the applications may be submitted shall be established by the Plenum of the Superior Council of Magistracy and shall be published in the Official Gazette of Romania, Part III, and on the website of the Superior Council of Magistracy. (4) Candidates shall be submitted to the governing college of the High Court of Cassation and Justice, the governing college of the Prosecutor's Office of the High Court of Cassation and Justice, the governing college of the National Anti-Corruption Prosecutor's Office or the the driving colleges of the appellate courts or of the prosecutor's offices, accompanied by: a) curriculum vitae; b) a draft on the main objectives that judges or prosecutors will pursue in case of election to the Superior Council of Magistracy, as well as, as the case may be, the documents supporting the candidacy; c) a self-declaration showing that they were not part of the information services before 1990, nor did they collaborate with them; d) a genuine declaration, on their own responsibility according to the criminal law, showing that they are not operative workers, including covered, informants or collaborators of the intelligence services; e) an updated statement of interests. (5) Members of the Superior Council of Magistracy, judges and prosecutors who were part of the intelligence services before 1990 may not be elected or have collaborated with them or those who have a personal interest, influence or could influence the achievement with objectivity and impartiality of the duties provided by law. (6) The leading colleges of the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice, the National Anti-Corruption Prosecutor's Office, the appellate courts and the prosecutor's offices beside them verify the fulfilment the conditions provided in par. ((1)-(5) by the judges and prosecutors who submitted their applications. " 8. In Article 9, paragraphs 2 to 4 shall be amended and shall read as follows: " (2) Prosecutors from the Prosecutor's Office of the High Court of Cassation and Justice and prosecutors from the National Anti-Corruption Prosecutor's Office choose, in the joint general assembly of prosecutors in these prosecutors ' offices, by secret ballot, directly and personally, a member for The Superior Council of Magistracy between the prosecutors who submitted their candidacy. At the general meeting, prosecutors from the territorial structures of these prosecutors also vote. (3) They are elected as members of the Superior Council of Magistracy 2 judges of the High Court of Cassation and Justice, a prosecutor from the Prosecutor's Office of the High Court of Cassation and Justice or the National Anti-Corruption Prosecutor's Office, who have obtained a majority of votes in the general meetings. (4) If none of the candidates obtain a majority of votes, the second round of the elections to which the judges and prosecutors ranked in the first two places are organized. He is elected member of the Superior Council of Magistracy, the candidate who won the highest number of votes in the second round of elections. " 9. In Article 10, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 10. -(1) The governing college of each appellate court and each parquet next to them centralizes the candidacies filed by the judges and prosecutors in their constituencies. (2) The candidates shall be centralized by categories of courts and prosecutors ' offices and shall be transmitted to the courts and prosecutors of the district of the appeal court, accompanied by the documents provided in art. 8 8 para. ((4). ' 10. In Article 11, paragraphs 3, 4 and 6 shall be amended and shall read as follows: " (3) They are appointed to run for the position of member of the Superior Council of Magistracy judges and prosecutors who have obtained a majority of votes in the general meetings provided in par. ((1) and (2). Art. 9 9 para. ((4) shall apply accordingly. (4) Military judges and military prosecutors shall apply to the Bucharest Military Court of Appeal or, as the case may be, to the Military Prosecutor's Office of the Bucharest Court of Appeal. Provisions of paragraph ((1)-(3) shall apply accordingly. The Territorial Military Court of Bucharest and the military courts, as well as the prosecutors ' offices, shall designate a candidate who will be included on the lists provided for in art. 12 12 para. ((1) lit. c) and e) and d) and f). (6) The lists provided in par. (5) and the documents provided in art. 8 8 para. (4) shall be published on the website of the Superior Council of Magistracy. " 11. Article 12 is amended and shall read as follows: "" Art. 12. -(1) The lists of judges and prosecutors who have been appointed to run for membership of the Superior Council of Magistracy shall be transmitted to the courts or, as the case may be, to the prosecutor's offices, by the Superior Council of Magistracy, with the days before the date set for general meetings, as follows: a) the list of 16 candidates from the courts of appeal is sent to all courts of appeal; b) the list comprising the 16 candidates from the prosecutor's offices of the appellate courts is transmitted to all the prosecutor's offices of the appellate courts; c) the list comprising the 16 candidates from the courts and specialized tribunals is transmitted to all specialized courts and tribunals; d) the list comprising the 16 candidates from the prosecutor's offices of the courts and specialized courts is transmitted to all the prosecutor's offices of the courts and specialized courts; e) the list comprising the 16 candidates from the judges is transmitted to all courts; f) the list comprising the 16 candidates from the prosecutor's offices of the judges is transmitted to all the prosecutor's offices of the judges. (2) The lists provided in par. (1) and the documents provided in art. 8 8 para. (4) shall be displayed at the premises of the courts and prosecutors. " 12. In Article 13, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 13. -(1) The lists provided for in art. 12 12 para. (1) and the documents provided in art. 8 8 para. (4) shall be transmitted by the Superior Council of Magistracy to the courts and prosecutors, accompanied by ballots. (2) The Superior Council of Magistracy shall transmit to each court and to each parquet a number of ballots stamped equal to the number of judges and prosecutors of the prosecutor's office, with an additional 10%. " 13. In Article 14, paragraphs 2 to 4 shall be amended and shall read as follows: " (2) Judges from the courts of appeal and prosecutors from the prosecutor's offices in addition to these choose as members of the Superior Council of Magistracy, in their general meetings, by secret ballot, directly and personally, 3 judges from the courts of appeal and a Prosecutor from the prosecutor's offices beside them. (3) Judges from the courts and specialized courts and prosecutors from the prosecutor's offices in addition to these choose as members of the Superior Council of Magistracy, in their general meetings, by secret ballot, directly and personally, 2 judges from courts and specialized courts and 2 prosecutors from the prosecutor's offices beside them. (4) Judges from the judges and prosecutors of the prosecutor's offices of these courts elect as members of the Superior Council of Magistracy, in their general meetings, by secret ballot, directly and personally, 2 judges from the judges and a prosecutor of at the prosecutor's offices beside them. " 14. In Article 15, paragraph 3 shall be amended and shall read as follows: " (3) In the procedure of electing members of the Superior Council of Magistracy, each judge and prosecutor shall vote a number of candidates equal to the number of members of the Superior Council of Magistracy, who represent the category of courts or prosecutors at the level of which the judge or, as the case may be, the prosecutor shall 15. In Article 15, two new paragraphs are inserted, paragraphs 4 and 5, with the following contents: " (4) If fewer persons were voted than those provided in par. (3), the vote is void. (5) At the election of the members of the Superior Council of Magistracy, judges and prosecutors seconded to other authorities than at courts or prosecutors ' offices cannot participate. 16. Article 16 is amended and shall read as follows: "" Art. 16. -(1) The judge or prosecutor who presided over the general assembly, together with two judges or prosecutors appointed before the vote of general meetings: a) ensure the counting of votes; b) prepare the minutes on the conduct of the elections and the results of the vote and transmit it to the Superior Council of Magistracy; c) communicate the names of the judges or prosecutors appointed to run for the position of member of the Superior Council of Magistracy according to art. 11 11 para. (5) or, as the case may be, shall make up and transmit to the Superior Council of Magistracy the list of candidates registered in descending order of votes obtained in the general meetings provided in art. 9 9 para. ((3) and in art. 14 14 para. ((2)-(4). (2) In order to carry out the tasks provided in (1), the judge or prosecutor who presided over the general assembly is helped by 2 judges or, as the case may be, by 2 prosecutors, appointed by the general meetings, between the judges or prosecutors who have not submitted their applications. " 17. In Article 17, paragraph 2 shall be amended and shall read as follows: " (2) They are elected as members of the Superior Council of Magistracy: a) 3 judges from the courts of appeal, who obtained the highest number of votes at national level; b) 2 judges from the courts and specialized courts, who obtained the highest number of votes at national level; c) 2 judges from the judges, who obtained the highest number of votes at national level; d) 1 prosecutor from the prosecutor's offices of the courts of appeal, which obtained the highest number of votes at national level; e) 2 prosecutors from the prosecutor's offices of the courts and specialized courts that obtained the highest number of votes at national level; f) 1 prosecutor from the prosecutor's offices of the judges, who obtained the highest number of votes at national level " 18. In Article 18, paragraphs 1 to 3 shall be amended and shall read as follows: "" Art. 18. -(1) The Superior Council of Magistracy verifies the legality of the procedures of choice, ex officio or the complaint of any judge or prosecutor. (2) Appeals regarding the legality of election procedures may be submitted to the Superior Council of Magistracy, within 15 days from the date of elections. (3) Appeals shall be settled by the Plenum of the Superior Council of Magistracy, within 5 days from the date of referral. The reasoned solution of the appeal shall be communicated to the persons who made the referral. " 19. In Article 18, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) In order to formulate the complaint, the judges and prosecutors have the right to verify the minutes regarding the conduct of the elections and their result, as well as the ballots." 20. In Article 19, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) Before submitting the list to the permanent office, the National Council for the Study of Security Archives shall verify and communicate, within 15 days from the request of the Superior Council of Magistracy, if the judges and prosecutors elected officials were part of the intelligence services before 1990 or collaborated with them. " 21. Article 20 (1) to (3), (5) and (6) shall be amended and shall read as follows: "" Art. 20. --(1) In order to elect the two representatives of civil society in the Superior Council of Magistracy, professional organizations of jurists, professional councils of accredited law faculties, associations and foundations that have as objective defense of human rights, can propose to the Permanent Bureau of the Senate one candidate. (2) Members of the Superior Council of Magistracy shall be elected representatives of civil society, who meet the following conditions: a) are specialists in the field of law, at least 7 years old in legal activity; b) enjoy high professional and moral reputation; c) were not part of the information services before 1990, did not collaborate with them and do not have a personal interest, which influence or could influence the achievement with objectivity and impartiality of the duties provided by law; d) they do not have the membership of a political party and have not fulfilled public dignity positions in the last 5 years. (3) The proposals for applications shall be submitted to the Permanent Bureau of the Senate, between the 90th day and the 60th day before the expiration of the term of office of the members of the Superior Council of Magistracy, accompanied by the court decision or, as the case may be, establishment, the constitutive act and the status of legal entities provided in par. (1), as well as their tax record. (5) The proposed candidates will present to the Senate the documents provided in art. 8 8 para. ((4), as well as criminal record. (6) List of candidates and documents provided in art. 8 8 para. (4) shall be displayed on the websites of the Senate and the Superior Council of Magistracy, within 5 days from the expiry of their period of submission. " 22. In Article 21, a new paragraph (2) is inserted, with the following contents: " (2) Provisions art. 19 article 1 (1) (1) shall apply accordingly. " 23. In Article 23, paragraph 2 shall be amended and shall read as follows: "(2) The chairman and deputy chairman of the Superior Council of Magistracy shall be elected at the founding meeting, chaired by the President of the High Court of Cassation and Justice." 24. In Article 23, a new paragraph (3) is inserted, with the following contents: "(3) Within 15 days of the establishment of the Superior Council of Magistracy, the duties and responsibilities of each permanent member shall be established on fields of activity." 25. In Article 24, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) Members of the Superior Council of Magistracy carry out permanent activity." 26. In Article 24, paragraph 2 shall be amended and shall read as follows: " (2) The President and Vice-President of the Superior Council of Magistracy do not exercise the activity of judge or prosecutor Judges and prosecutors elected as members of the Superior Council of Magistracy suspend their activity as judge, respectively prosecutor regarding the presence of judges in full of judgment, namely carrying out acts of criminal prosecution by the prosecutors. Upon termination of the mandate, those who opted to suspend the activity resume their work as a judge or prosecutor. " 27. In Article 24, three new paragraphs are inserted, paragraphs 3, 4 and 5, with the following contents: " (3) The elected members of the Superior Council of Magistracy in office on the date of entry into force of this law may opt to suspend the activity of judge or prosecutor for the remaining period until the end of the mandate. The option shall be expressed in writing, at the President of the Superior Council of Magistracy, within 30 days from the date of entry into force of this Law. (4) The management functions held by the judges or prosecutors elected as members of the Superior Council of Magistracy shall be suspended by law on the date of publication of the Senate decision in the Official Gazette of Romania, Part I. Superior of the Magistracy holding a leading position at courts or prosecutor's offices, on the date of entry into force of this law, may opt for the suspension from the respective driving position under the conditions of par. ((2). (5) The period in which the judge or prosecutor is a member of the Superior Council of Magistracy constitutes seniority in these positions. " 28. In Article 25, paragraphs 1 and 6 shall be amended and shall read as follows: "" Art. 25. -(1) The Superior Council of Magistracy is headed by the president, assisted by a vice president, elected from among the judges and prosecutors provided in art. 4 lit. a), which are part of different wards, for a one-year term, which cannot be renewed. (6) In case of holiday of the office of president or vice-president, the Plenum of the Superior Council of Magistracy, no later than one month after the finding of the holiday, will proceed with the election of the new president, respectively vice president. " 29. Article 25 (3), point g) shall be repealed. 30. In Article 27, paragraph 2 shall be amended and shall read as follows: "(2) The judge or prosecutor presiding over the works of the section shall sign the decisions and other acts issued by him." 31. Article 28 shall be amended and shall read as follows: "" Art. 28. -(1) The Superior Council of Magistracy shall meet in plenary and in the wards, at the convocation of the President, the Vice-President or the majority of the members of the plenary or, as the case may be, of the (2) The works of the Plenum of the Superior Council of Magistracy are carried out in the presence of at least 15 members, and the works of the sections shall be carried out (3) The decisions of the Plenum of the Superior Council of Magistracy and decisions of the sections shall be taken with the vote of the majority 32. In Article 29, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 29. -(1) The President of the High Court of Cassation and Justice participates in the works of the section for judges, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, at the works of the section for prosecutors, and the Minister Work on both wards. (2) The President of the High Court of Cassation and Justice, the Minister of Justice and the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice do not have the right to vote, in situations where the wards fulfill the role of the court in the field of disciplinary liability. ' 33. In Article 30, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) The professional associations of judges and prosecutors can participate in the works of the Plenum and the sections, expressing, when they consider it necessary, a point of view on the issues that are being debated, at their initiative or at the request members of the Superior Council of Magistracy. 34. In Article 30, paragraph 3 shall be amended and shall read as follows: "(3) The decisions of the Superior Council of Magistracy, in plenary and in the wards, shall be taken by direct and secret voting and shall be motivated." 35. In Article 30 after paragraph (3), five new paragraphs are inserted, paragraphs 3 ^ 1-(3 ^ 5), with the following contents: " (3 ^ 1) The decisions of the Plenum on the career and the rights of judges and prosecutors shall be drawn up within 20 days and shall be communicated immediately. (3 ^ 2) The decisions provided in par. (3 ^ 1) is published in the Official Bulletin of the Superior Council of Magistracy and on the website of the Superior Council of Magistracy within 10 days of writing. (3 ^ 3) The decisions provided in par. (3 ^ 1) can be appealed with appeal, by any interested person, within 15 days from communication or from publication, to the Administrative and Fiscal Contencios Section of the High Court of Cassation and Justice. (3 ^ 4) The appeal suspends the execution of the decision of the Superior Council of (3 ^ 5) The decision to settle the appeal provided in par. ((3 ^ 3) is irrevocable. " 36. In Article 30, paragraph 4 shall be amended and shall read as follows: " (4) The agenda is published 3 days before on the website of the Superior Council of Magistracy. The decisions of the Superior Council of Magistracy shall be published in the Official Bulletin of the Superior Council of Magistracy and on the website of the Superior Council of Magistracy. " 37. Article 31 is amended and shall read as follows: "" Art. 31. -(1) The Superior Council of Magistracy has the right and obligation to refer itself and ex officio to defend judges and prosecutors against any act that could affect their independence or impartiality or create suspicions about These. The Superior Council of Magistracy also defends the professional reputation of judges and prosecutors. (2) The judge or prosecutor who considers that independence, impartiality or professional reputation are affected in any way may be addressed to the Superior Council of Magistracy which, as the case may be, may order the verification of the issues raised, the publication of its results, may refer the matter to the competent body to decide on the measures that are required or may have any other appropriate measure, according to the (3) The Superior Council of Magistracy ensures compliance with the law and criteria of competence and professional ethics in carrying out the professional career of judges and prosecutors. (4) The duties of the Board of the Superior Council of Magistracy and its sections, concerning the career of judges and prosecutors, shall be exercised in compliance with the provisions of Law no. 303/2004 on the status of magistrates, as amended and the Law no. 304/2004 on judicial organization, with subsequent amendments and completions. " 38. Article 34 is amended and shall read as follows: "" Art. 34. -The Superior Council of Magistracy prepares and preserves the professional files of judges and prosecutors. " 39. Article 36 is amended and shall read as follows: "" Art. 36. -The plenary of the Superior Council of Magistracy has the following powers regarding the career of judges and prosecutors a) proposes to the President of Romania the appointment and dismissal of judges and prosecutors, except for the trainees; b) appoints trainee judges and trainee prosecutors, based on the results obtained at the graduation exam of the National Institute of Magistracy; c) order the promotion of judges and prosecutors; d) issue the trainee judges and the trainee prosecutors from office; e) proposes to the President of Romania to confer distinctions for judges and prosecutors, under the law; f) performs any other duties established by law or regulation. " 40. Article 37 is amended and shall read as follows: "" Art. 37. -(1) The Plenum of the Superior Council of Magistracy has the following powers regarding the admission to the magistracy, evaluation, training and exams of judges and prosecutors a) on the proposal of the Scientific Council of the National Institute of Magistracy, establishes the annual number of students of the National Institute of Magistracy, annually approves the date and place for the organization of the admission contest at the of the Magistracy, establishes the theme for the admission contest to the National Institute of Magistracy and approves the program of professional training of justice auditors, issues opinions and adopts regulations, in cases and under the conditions provided by law; b) appoints the admission commission and the commission for the elaboration of subjects for admission to the National Institute of Magistracy, under the conditions provided by the Regulation for the organization of the entrance examination in the National Institute of Magistracy; c) organizes and validates, according to the law and regulation, the capacity examination of judges and prosecutors and approves the program of continuous professional training of judges and prosecutors, on the proposal of the Scientific Council of The National Institute of Magistracy, as well as the topic of continuous professional training activities, organized by the appeals courts and the prosecutor's offices beside them; d) organize and validate, according to the law and regulation, the contests for the appointment of judges and prosecutors; e) order the organization of competitions to promote judges and prosecutors; f) appoints commissions for the evaluation of professional activity of judges and prosecutors, under the law; g) appoints and revokes the director and deputy directors of the National Institute of Magistracy, at the proposal of the Scientific Council of the National Institute of Magistracy, and designates the judges and prosecutors who will be part of the scientific of the National Institute of Magistracy; h) on the proposal of the Scientific Council of the National Institute of Magistracy, approves the organizational structure, the states of functions and the personnel states of the National Institute of Magistracy; i) appoints the director and deputy directors of the National School of Clerks and designates the judges and the members prosecutors on the school's Governing Board. j) performs any other duties established by law or regulation. (2) The plenum of the Superior Council of Magistracy shall settle the appeals made by judges and prosecutors against the decisions rendered by the sections of the Superior Council of Magistracy, except for those given in disciplinary matters. " 41. Article 38 is amended and shall read as follows: "" Art. 38. -The plenum of the Superior Council of Magistracy has the following powers regarding the organization and functioning of the courts and prosecutors: a) convenes the general meetings of judges and prosecutors, under the law; b) approve measures to supplement or reduce the number of posts for courts and prosecutors; c) elaborates its own draft budget, with the advisory opinion of the Ministry of Public Finance, and issues the compliant opinions for the budget projects of the courts and prosecutors; d) perform any other tasks established by law or regulation. " 42. In Article 39, paragraphs 1, 2 and 6 shall be amended and shall read as follows: "" Art. 39. -(1) The Plenum of the Superior Council of Magistracy adopts the Code of Ethics of Judges and Prosecutors, the Rules of Organization and Functioning of the Superior Council of Magistracy, the Rules of Procedure of the Election Superior of Magistracy, Rules of Inland Order of the Courts, as well as other regulations and judgments provided for in Law no. 303/2004 and in Law no. 304/2004 . (2) The Plenum of the Superior Council of Magistracy ensures the publication of the Code of Ethics of Judges and Prosecutors and the Regulations provided in par. (1) in the Official Gazette of Romania, Part I, and on the website of the Superior Council of Magistracy. (6) The Superior Council of Magistracy elaborates annually, a report on the state of justice and a report on its own activity, which it presents to the reunited Chambers of the Romanian Parliament until February 15 of the following year and public, in the Official Gazette of Romania, Part III, and on the website of the Superior Council of Magistracy. " 43. Article 41 is amended and shall read as follows: "" Art. 41. -The sections of the Superior Council of Magistracy have the following duties regarding the career of judges and prosecutors a) have the delegation of judges and the posting of judges and prosecutors, under the law; b) appoint judges and prosecutors to their positions, under the law and regulation; c) examine the recommendations received from the Governing College of the High Court of Cassation and Justice on the appointment of judges in the Court; d) analyze the fulfilment of legal conditions by the trainee judges and the trainee prosecutors who passed the capacity examination, by other jurists who were admitted to the contest of entry into the magistracy, by the judges and the prosecutors enrolled in the promotion contest and by the judges and prosecutors proposed for the appointment to management positions; e) resolves the appeals against the qualifications granted by the commissions for the annual evaluation of the professional activity of judges and prosecutors, established under the law; f) take measures to resolve complaints received from litigants or other persons regarding the improper conduct of judges and prosecutors; g) propose to the President of Romania the appointment and removal from office of the President, Vice-President and Presidents of Departments of the High Court of Cassation and Justice; h) endorses the proposal of the Minister of Justice to appoint and revoke the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, the Prosecutor General of the National Anti-Corruption Prosecutor's Office, their deputies, prosecutors heads of section of these prosecutor's offices, as well as the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism and his deputy; i) approves the transfer of judges and prosecutors j) have the suspension from office of judges and prosecutors; k) meet any other duties established by law or regulation. " 44. After Article 41, a new article is inserted, Article 41 ^ 1 with the following contents: "" Art. 41 41 ^ 1. -The sections of the Superior Council of Magistracy have the following powers regarding the organization and functioning of courts and prosecutors: a) approves the establishment and abolition of the sections of the courts of appeal, of the courts of their constituencies, as well as the establishment of secondary offices of the courts and their constituencies, under the law; b) approves the proposal of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or the Prosecutor General of the National Anti-Corruption Prosecutor's Office for the establishment and abolition of the sections within the prosecutor's offices; c) endorses the draft Government decision on the list of localities belonging to the constituencies of the courts; d) establish the categories of processes or requests that are solved in Bucharest only by certain courts, in compliance with the material competence provided by law; e) on the proposal of the presidents of the courts of appeal, establish the number of the vice-presidents of the courts of appeal, of the courts and of the specialized courts, as well as the judgments to which a vice-president operates; f) at the proposal of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or the Prosecutor General of the National Anti-Corruption Prosecutor's Office, as the case may be, approve the number of deputy prosecutors the courts of appeal and of the first prosecutors of the prosecutor's offices of the courts, as well as the prosecutor's offices of the judges, where the first prosecutors are helped by the deputies; g) perform any other tasks established by law or regulation. " 45. In Article 42, paragraph 3 shall be amended and shall read as follows: " (3) The provisions referred to in par. ((1) and (2) on the search and detention shall not apply in the event of a flagrant offence. " 46. In Article 44, paragraph 1 is amended and shall read as follows: "" Art. 44. -(1) The Superior Council of Magistracy meets, through its departments, the role of the court in the field of disciplinary liability of judges and prosecutors, for the acts provided for in Law no. 303/2004 .. " 47. Article 45 is amended and shall read as follows: "" Art. 45. -(1) The disciplinary action shall be exercised by the discipline commissions of the Superior Council of Magistracy, consisting of a member of the section for judges and 2 inspectors of the judicial inspection service for judges and a Member of the section for prosecutors and 2 inspectors, of the judicial inspection service for prosecutors. (2) The section for judges and the section for prosecutors of the Superior Council of Magistracy shall appoint, every year, the members of the commissions provided in par. ((1). In the discipline committees, the same members cannot be appointed for two consecutive years. (3) The members of law, the president and the deputy chairman of the Superior Council of Magistracy cannot be appointed to the discipline committees. (4) The discipline commissions may be referred to the disciplinary deviations of the judges and prosecutors, any person concerned or may be notified ex officio. (5) Any complaint regarding the improper activity of judges and prosecutors wrongly directed at courts or prosecutors ' offices will be submitted to the discipline commissions within 5 days of registration. " 48. In Article 46, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) Prior research shall be carried out by inspectors of the judicial inspection service for judges, respectively of the judicial inspection service for prosecutors. (3) In the framework of prior research, the facts and their consequences are established, the circumstances that were committed, as well as any other conclusive data from which they can appreciate the existence or non-existence of guilt. Listening to the one concerned and checking the defences of the judge or prosecutor investigated are mandatory. The refusal of the judge or prosecutor investigated to make statements or to present himself to research is found by the minutes and does not imoiedica the conclusion of the research. The judge or the investigated prosecutor has the right to know all the acts of the research and to request evidence in defence 49. In Article 46, after paragraph 3, three new paragraphs (3 ^ 1), (3 ^ 2) and (3 ^ 3) are inserted, with the following contents: " (3 ^ 1) The result of prior research shall be submitted to the discipline committee within 60 days from the registration of the complaint to the Superior Council of Magistracy, and within the next 20 days the discipline committee shall notify the appropriate section in order to resolve disciplinary action. ((3 ^ 2) If, before the referral to the ward, the discipline committee finds that further checks are required, it designates an inspector from the appropriate service of the Judicial Inspection, in order to complete the research Advance. The result of additional checks is submitted within 30 days to the discipline commission. In this case, the 20-day period provided for in par. ((1) flows from receiving the result of additional checks. ((3 ^ 3) If the discipline committee considers that the exercise of disciplinary action is not justified, it has the ranking. " 50. Article 46 (5) shall be amended and shall read as follows: "" (5) The disciplinary action may be exercised no later than one year after the date of the misconduct. " 51. Article 47 shall be repealed. 52. Article 48 is amended and shall read as follows: "" Art. 48. -(1) In the disciplinary procedure before the sections of the Superior Council of Magistracy, the citation of the judge or prosecutor against whom the disciplinary action is exercised is mandatory. The judge or prosecutor may be represented by another judge or prosecutor or may have assisted or represented by a lawyer. (2) The judge or the prosecutor and, as the case may be, the representative or his lawyer have the right to take cognizance of all the documents of the file and may request (3) The sections of the Superior Council of Magistracy, if they find that the complaint is based, apply one of the disciplinary sanctions provided by law, in relation to the gravity of the disciplinary misconduct committed by the judge or prosecutor and with his personal circumstances. " 53. In Article 49, letter c) is amended and shall read as follows: "c) the reasons for which the defences made by the judge or prosecutor have been removed;" 54. In Article 50, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 50. -(1) The decisions of the sections of the Superior Council of Magistracy by which the disciplinary action has been resolved shall be drawn up, binding, no later than 20 days after the ruling and shall be communicated immediately, in writing, to the judge or Prosecutor. The communication of the decisions is provided by the General Secretariat of the Superior Council of Magistracy. (2) against the decisions provided in par. ((1) appeal may be exercised within 15 days of the communication. The jurisdiction of the resolution of the appeal belongs to the Panel of 9 judges of the High Court of Cassation and Justice. The Panel of 9 judges cannot include the voting members of the Superior Council of Magistracy and the disciplinary sanctioned judge. " 55. Article 52 is amended and shall read as follows: "" Art. 52. -(1) The term of office of the elected members of the Superior Council of Magistracy is 6 years, without the possibility of reinvestment. Members of the Superior Council of Magistracy are a dignitary. (2) The quality of representative of the civil society elected member of the Superior Council of Magistracy is incompatible with the quality of parliamentarian, elected local, civil servant, judge or prosecutor in activity, notary public, lawyer, counselor legal or judicial executor in office. ((3) Provisions art. 6 ^ 1 and 6 ^ 2 of Law no. 303/2004 applies also to members of the Superior Council of Magistracy. (4) The quality of member of the Superior Council of Magistracy shall cease, as the case may be, upon expiry of the mandate, by resignation, revocation from office, unresolved of the state of incompatibility within 15 days from the date of election as a member of the Council Superior of Magistracy, non-compliance art. 6 ^ 2 of Law no. 303/2004 , the impossibility of exercising his duties for a period of more than three months, as well as by death. (5) The membership of the Superior Council of Magistracy shall be suspended by law, for the reasons provided for by art. 60 60 of Law no. 303/2004 .. " 56. Article 53 is amended and shall read as follows: "" Art. 53. -(1) Revocation from the position of elected member of the Superior Council of Magistracy is proposed by the President or Vice President of the Council, or by one third of the members, if the person concerned no longer meets the legal conditions to be elected member of the Superior Council of Magistracy, in case of failure to perform or improper performance of duties within the Superior Council of Magistracy or in case of application of any disciplinary sanction. (2) The Plenum of the Superior Council of Magistracy, upon the complaint made according to (1), may order the revocation from the position of elected member of the Superior Council of Magistracy. (3) Revocation as chairman or vice-president shall be proposed by one third of the members of the Superior Council of Magistracy. Provisions of paragraph ((2) shall apply accordingly. (4) The elected members of the Superior Council of Magistracy are also revoked at the request of the majority of general meetings at the level of the courts or prosecutor's offices they represent, in case of failure or improper performance of the duties entrusted by election as a member of the Council. At the general meetings, the decision is taken with the vote of 2/3 of the number of judges or prosecutors. (5) In the case of the common general meeting of the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Prosecutor's Office the decision to revoke the representative of these prosecutor's offices is taken with the vote of At the general meeting, prosecutors from the territorial structures of these prosecutors also vote. (6) The decision to revoke the representative of the High Court of Cassation and Justice shall be taken with the vote of the majority of judges of the general assembly. (7) The revocation procedure can be triggered by any general meeting at the level of the courts or prosecutor's offices which the member of the Superior Council of Magistracy represents whose revocation is required, as well as by the professional organizations of the judges and prosecutors. (8) The centralization of the voting results shall be carried out by the general assembly which initiated the procedure or the first general assembly notified by the professional organizations of judges and prosecutors. (9) Within 15 days from the registration of the complaint signed and motivated by the representatives of the general meetings provided in par. (4), the Plenum of the Superior Council of Magistracy orders the removal from office of the elected member. Art. 54 54 para. ((2) shall apply accordingly. '; 57. After Article 53, two new articles are inserted, Articles 53 ^ 1 and 53 ^ 2, with the following contents: "" Art. 53 53 ^ 1. -(1) The elected members of the Superior Council of Magistracy are civil, disciplinary and criminal, under the law. (2) Any person may refer the matter to the Superior Council of Magistracy, directly or through the heads of the courts or prosecutors, in connection with the improper activity or conduct of an elected member of the professional or its commission of disciplinary violations. (3) The Sections of the Superior Council of Magistracy fulfill the role of courts in the field of disciplinary liability of the elected members of the Council for the facts provided by art. 97 97 of Law no. 303/2004 . Art. 53 ^ 2. -(1) In order to exercise disciplinary action it is mandatory to conduct prior research, which is ordered by the Plenum of the Superior Council of Magistracy (2) Prior research shall be carried out by the inspectors of the judicial inspection which operates in addition to the Superior Council of Magistracy. (3) In the framework of prior research, the facts and their consequences shall be established, the circumstances in which they were committed, as well as any other conclusive data from which they may appreciate the existence or non-existence of guilt. Listening to the one in question and checking its defences are mandatory. The refusal of the one investigated to make statements or to present himself to research is found by the minutes and does not imoiedica the conclusion of the research. The member of the Superior Council of Magistracy who is being investigated has the right to know all the acts of the research and to request evidence (4) The designated inspector shall submit, in no more than 60 days, to the discipline commission established according to art. 45 the result of prior research The discipline commission refers to the appropriate section of the Superior Council of Magistracy in order to solve the disciplinary action. (5) If, before the referral to the section, the discipline committee finds that additional checks are necessary, it shall designate an inspector from the appropriate service of the Judicial Inspection, in order to complete the prior research. (6) If the discipline committee considers that the exercise of disciplinary action is not justified, it has the ranking. (7) The member of the Superior Council of Magistracy to whom the disciplinary action is exercised does not participate as a member elected to the works of the Plenum in which the disciplinary action is judged. ((8) The disciplinary action may be exercised no later than one year after the date of the misconduct. " (9) Provisions art. 48 48-50 shall apply accordingly. ' 58. Article 54 is amended and shall read as follows: "" Art. 54. -(1) In case of termination of the membership of the Superior Council of Magistracy before the expiration of the mandate, new elections are held for the vacant seat, according to the procedure provided by law. (2) Until the election of a new member, the interim will be provided by the judge or prosecutor who obtained the number, following the votes in the elections held according to art. 9 9 para. ((3) or art. 14 times, as appropriate, art. 20 20. " 59. Article 55 is amended and shall read as follows: "" Art. 55. -(1) During the term of office, the President and the Vice President of the Superior Council of Magistracy receive a monthly allowance equal to that of the President, respectively the Vice President of the High Court of Cassation and Justice. (2) Members of the Superior Council of Magistracy who carry out permanent activity, except those provided in par. (1), receive monthly, for the work carried out, a monthly allowance equal to that of a section president of the High Court of Cassation and Justice. (3) Members of the Superior Council of Magistracy, except those provided in par. ((1) and (2), receive monthly, for the work carried out, the allowance provided for in Annex no. 2 2 to Government Emergency Ordinance no. 177/2002 on the salary and other rights of magistrates, approved with amendments and additions by Law no. 347/2003 ,, as amended. " 60. Article 56 is amended and shall read as follows: "" Art. 56. -From the Superior Council of Magistracy cannot be part, during the same term, spouses or relatives or afini until the fourth degree inclusive. " 61. Article 59 is amended and shall read as follows: "" Art. 59. -(1) The own apparatus of the Superior Council of Magistracy is headed by a Secretary-General. (2) The Secretary-General is appointed and revoked by the Plenum of the Superior Council of Magistracy between judges and prosecutors who are at least 8 years old in the magistracy. (3) The Secretary-General of the Superior Council of Magistracy may be assisted by a Deputy Secretary-General, management specialist, human resources or financial sector. (4) The Secretary General of the Superior Council of Magistracy receives a monthly allowance equal to that of the Secretary-General of the Ministry of Justice provided by Government Emergency Ordinance no. 177/2002 on the salary and other rights of magistrates, approved with amendments and additions by Law no. 347/2003 , as amended, and its deputy, a monthly allowance equal to that of a Deputy Secretary-General of the Ministry of Justice, provided for by the same normative act. " 62. Article 60 is amended and shall read as follows: "" Art. 60. -(1) In addition to the Plenum of the Superior Council of Magistracy operates the Judicial Inspection, led by a chief inspector. (2) In the framework of the Judicial Inspection operates a judicial inspection service for judges and a judicial inspection service for prosecutors. (3) The inspectors of the Judicial Inspection are appointed by Plen, by competition or examination, among the persons who meet the conditions provided in art. 59 59 para. (2) and had the rating very well at the last evaluation. The position of inspector may also be occupied by posted judges or prosecutors. ((4) Inspectors may request the chairpersons of the courts and heads of the prosecutor's offices in the constituency of an appeal court other than the one in which the court or the prosecutor's office is located where a check is carried out, to designate judges or prosecutors, by rotation, to carry out certain acts of those given in the jurisdiction of the Judicial Inspection. (5) The tasks of the judicial inspection, structure, number and salary of inspectors shall be established by the Plenum of the Superior Council of Magistracy, within the limits of the budget. " 63. Articles 65 to 67 shall be repealed. + Article II (1) In the event of termination of the mandate of one of the judges elected in the current Superior Council of Magistracy as a representative of the courts of appeal, elections are held for the appointment of the second representative of the courts, according to this law. (2) In the event of termination of the mandate of the representative of the Prosecutor's Office of the High Court of Cassation and Justice or the representative of the National Anti-Corruption Prosecutor's Office in the current Superior Council of Magistracy, the second representative of the prosecutor's offices of the courts, according to the present law. (3) Within 60 days from the entry into force of this law the Superior Council of Magistracy shall appoint the Deputy Secretary-General, under the conditions provided for in Article 59. + Article III Within 30 days of the entry into force of this law, the Superior Council of Magistracy will amend its Rules of Organization and Functioning and update the Deontological Code of Judges and Prosecutors, which is published in Official Gazette. + Article IV The discipline commissions will be appointed within 30 days of the entry into force of this law. + Article V On the date of entry into force of this Law, any provision to the contrary shall be repealed + Article VI Law no. 317/2004 on the Superior Council of Magistracy, published in the Official Gazette of Romania, Part I, no. 599 of July 2, 2004, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Title XVI* ****) Modification and completion Law no. 304/2004 on judicial organisation + Article I Law no. 304/2004 on judicial organization, published in the Official Gazette of Romania, Part I, no. 576 of 29 June 2004, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 2, paragraph 1 shall be amended and shall read as follows: "" Art. 2. --(1) Justice is performed in the name of the law, it is unique, impartial and equal for all. " 2. In Article 2 (2), after letter d) a new letter, letter d ^ 1) is inserted, with the following contents: " d ^ 1) military courts; ' 3. Article 8 is amended and shall read as follows: "" Art. 8. -International judicial assistance is requested or granted under the conditions provided by law, by international treaties to which Romania is a party or, as the case may be, on the basis of reciprocity. " 4. Article 9 is amended and shall read as follows: "" Art. 9. -The Plenum of the Superior Council of Magistracy operates as a court for the resolution of appeals made by judges and prosecutors against decisions rendered by the sections of the Superior Council of Magistracy, except data in disciplinary matters. '; 5. After Article 10, a new article is inserted, Article 10 ^ 1, with the following contents: "" Art. 10 10 ^ 1. -The trial activity shall be carried out in compliance with the principles of random distribution of files and continuity, except in situations where the judge cannot participate in judgment on objective grounds. " 6. After Article 11, a new article is inserted, Article 11 ^ 1, with the following contents: "" Art. 11 11 ^ 1. -(1) The court sessions shall be recorded by video or audio technical means, or shall be recorded by transcripts. Records or transcripts shall be transcribed immediately. (2) The Clerk or the stenography specialist records all the statements, questions and endorsements of those present including the presiding judge. (. On request, the parties may receive a copy of the transcript of the records, transcripts or notes of the Registrar. " 7. In Article 12, paragraph 6 shall be amended and shall read as follows: " (6) The debates carried out by the parties in the mother tongue shall be recorded, recorded in Romanian. The objections raised by those interested in the translations and their record shall be resolved by the court until the end of the proceedings in that case by the conclusion of the hearing. " 8. In Article 26, paragraph 3 shall be amended and shall read as follows: " (3) The President, the Vice-Chair and 9 Judges, elected for a period of 3 years in the General Assembly of Judges, with the representation of each section, shall constitute the Governing College of the High Court of Cassation and Justice. When economic and financial and administrative problems are discussed, the management of the High Court of Cassation and Justice, which has an advisory vote, shall participate in the meetings of the governing college. Section presidents. " 9. In Article 27 (1), point b) shall be amended and shall read as follows: " b) analyse the applications submitted for the position of judge at the High Court of Cassation and Justice and submit to the Plenum of the Superior Council of Magistracy the advisory report on the promotion as a judge at the High Court of Cassation and Justice; ' 10. Article 27 (1), point e) shall be repealed. 11. In Article 30, a new paragraph (2) is inserted, with the following contents: "(2) The panel of 9 judges shall, as a rule, be made of specialized judges, depending on the nature of the case." 12. Article 33 (2) shall be repealed. 13. Article 33 (3) shall be amended and shall read as follows: " (3) Within the courts of appeal functions wards or, as the case may be, complete specialized for civil cases, criminal cases, commercial cases, cases with minors and family, causes of administrative and fiscal litigation, causes of labor conflicts and social security, as well as, in relation to the nature and number of causes, sea and river wards or other subjects. ' 14. Article 34 (2) shall be repealed. 15. In Article 34, paragraph 4 shall be amended and shall read as follows: " (4) In the courts operate wards or, as the case may be, complete specialized for civil cases, criminal cases, commercial cases, cases with minors and family, cases of administrative and fiscal litigation, cases concerning labor conflicts and social security, as well as, in relation to the nature and number of causes, sea and river wards or other subjects. ' 16. Article 35 is amended and shall read as follows: "" Art. 35. -(1) In the fields provided by art. 34 34 para. ((4) specialised courts may be established. (2) The specialized courts are courts without legal personality, which can operate at the level of the counties and the city of Bucharest and have, as a rule, the seat in the county seat. (3) The specialised courts shall take the cases of jurisdiction of the tribunal in the areas in which they are established. " 17. Article 37 is amended and shall read as follows: "" Art. 37. -(1) In relation to the nature and number of cases, specialized departments may be established within the courts. (2) Within the courts, specialized departments for minors and families shall be organized. " 18. After Article 37, a new article is inserted, Article 37 ^ 1, with the following contents: "" Art. 37 37 ^ 1. -(1) Completes and specialized departments for minors and family, as well as specialized courts for minors and family judge both crimes committed by minors and crimes committed on minors. (2) When in the same case there are several defendants, some minors and others major and it is not possible to displace, the competence belongs to the specialized court for minors and family. ((3) The provisions of the Code of Criminal Procedure shall apply accordingly. " 19. Article 38 is amended and shall read as follows: "" Art. 38. -(1) The sections and specialized panels of the courts of appeal and of the courts of their constituency shall be established at the proposal of the governing colleges of each court, by decision of the Superior Council of Magistracy. (2) The composition of the sections and specialized panels shall be established by the governing college of the court, in relation to the volume of activity, taking into account the specialization of the judge. (3) Exceptionally, if a section cannot be constituted a court of law, the governing college of the court may order the participation of judges from other departments. " 20. Section 2-"The jurisdiction of the courts" of Chapter II of Title II is hereby repealed. 21. In Article 46, paragraph 1 shall be amended and shall read as follows: "" Art. 46. -(1) Each court shall be headed by a president who exercises managerial duties for the purpose of effective organization of its activity. " 22. In Article 49, paragraph 2 shall be amended and shall read as follows: "" (2) The checks carried out personally by presidents or vice-presidents or by specially appointed judges must respect the principles of independence of judges and their subjects only to the law, as well as the working authority judged. " 23. Article 52 is amended and shall read as follows: "" Art. 52. -(1) Within each court of law, a governing college operates, which decides on the general management problems of the court and performs the duties provided for in art. 38. (. The management colleges shall consist of an odd number of members and shall have the following component: a) at the courts of appeal and tribunals: the president and 6 judges, elected for a period of 3 years in the general assembly of judges; b) to specialized courts and judges: the president and 2 or 4 judges, elected for a period of 3 years in the general assembly of judges. (. The decisions of the Governing College shall be adopted by the majority of its members. (4) The meetings of the leading colleges may also be attended by the section presidents. (5) At the courts of appeal and tribunals, when the leading college debates economic-financial or administrative problems, the economic manager of the court, with an advisory vote, also participates in its meetings. (6) Depending on the issues subject to debate, at the meetings of the governing colleges of the courts of appeal, the courts and specialized courts may also be invited judges from other courts, who do not have the right to vote. (7) The elected members of the management colleges may be revoked by the general meetings in case of improper exercise of the duties provided by law. " 24. In Article 53, two new paragraphs (3) and (4) shall be inserted, with the following contents: " (3) The general meetings of the judges shall be convened and at the request of one third of the number of judges who are part of it. (4) General meetings of judges may also be convened by the Plenum of the Superior Council of Magistracy or the governing college of the court. " 25. In Article 54, after letter e) two new letters are inserted, letters e ^ 1) and e ^ 2), with the following contents: "" e ^ 1) choose and revoke the members of the leading colleges; e ^ 2) initiates the procedure of revocation of members of the Superior Council of Magistracy, under the conditions provided by Law no. 317/2004 on the Superior Council of Magistracy; " 26. Article 55 is amended and shall read as follows: "" Art. 55. -(1) The management colleges establish the composition of the court panels at the beginning of the year, aiming to ensure the continuity of the complete. The change of the members of the panels is exceptionally, based on the objective criteria established by the Rules of Inner Order of the Courts. ((. The panel shall be chaired, on a rotating basis, by one of its members. " 27. Article 57 is amended and shall read as follows: "" Art. 57. -(1) The given causes, according to the law, in the jurisdiction of the first instance of the court, the tribunal and the court of appeal shall be adjudicated in complete form of a judge, with the exception of cases concerning labour and social security conflicts. (2) The appeals shall be judged in a fully composed of 2 judges, and the appeals, in complete form of 3 judges, except in cases where the law provides otherwise. (3) In the case of the panel of 2 judges, if they do not reach an agreement on the decision to be pronounced, the trial shall be tried again in full of divergence, under the law. (4) The complete divergence shall be constituted by the inclusion, in the court of law, of the president or of the vice president of the court, of the section president or of the judge in the planning of permanence. " 28. After Chapter II of Title II a new chapter is introduced, Chapter III-"Military Courts", with the following contents: "" Chapter III Military courts Art. 58 ^ 1. -(1) Military courts are: a) Military Tribunals; b) Bucharest Territorial Military Court; c) Bucharest Military Court of Appeal. (2) The circumscripts of the military courts are set out in Annex no. 2 which forms an integral part of this law. (3) Military courts have, each, the status of military unit, with its own indicative. Art. 58 ^ 2. -(1) Military courts judge at their headquarters. For thorough reasons, the court may order that the judgment be held in another place. (2) Military courts may also judge on the territory of other states, Romanian military, members of a multinational force, given that, according to an international convention, the Romanian jurisdiction can be exercised on the territory of the receiving state. Art. 58 ^ 3. -(1) At court hearings, judges and military prosecutors are required to wear military uniform. (2) When the defendant is active military, the presiding judge, as well as the prosecutor participating in the trial of the case must be part of at least the same category of degrees. (3) When the prosecutor's degree is not part of the same category as the accused or defendant, he will be assisted by another prosecutor with a degree in the appropriate category, appointed by the head of the prosecutor's office to which the case is registered. Art. 58 ^ 4. -(1) In Bucharest, Cluj-Napoca, Iasi and Timisoara, military courts operate. (2) Military courts shall judge the processes and applications given by law in their jurisdiction. (3) The military court is headed by a president aided by a vice president. Art. 52-54 shall apply accordingly, with the governing colleges consisting of the President and two Judges. Art. 58 ^ 5. -(1) The Bucharest Territorial Military Court operates in Bucharest. (2) The Bucharest Territorial Military Court is headed by a president helped by a vice president. Art. 52 52-54 shall apply accordingly, the College of Management shall consist of the President and two Judges. (3) The President of the Territorial Military Court of Bucharest is a tertiary authorising officer. Art. 58 ^ 6. -(1) The Military Court of Appeal operates in Bucharest, as a single court, with legal personality, being led by a president helped by a vice president. Art. 52 52-54 shall apply accordingly, the College of Management shall consist of the President and two Judges. (2) The President of the Bucharest Military Court of Appeal is a secondary authorising officer. " 29. In Article 59, paragraph 1 shall be amended and shall read as follows: "" Art. 59. -(1) The Public Ministry exercises its powers under the law and is led by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. " 30. In Article 60, after letter i) a new letter, letter i ^ 1) is inserted, with the following contents: "" i ^ 1) verify compliance with the law at the places of preventive possession; " 31. In Article 61, paragraph 2 shall be amended and shall read as follows: " (2) In the solutions ordered, the prosecutor is independent, under the conditions provided by law. The prosecutor can challenge at the Superior Council of Magistracy, within the procedure of verifying the conduct of judges and prosecutors, the intervention of the superior hierarchical prosecutor, in any form, in carrying out criminal prosecution or in adopting solution. " 32. In Article 61, after paragraph 2, two new paragraphs, paragraphs 3 and 4, shall be inserted as follows: " (3) The solutions adopted by the prosecutor may be refuted motivated by the superior hierarchical prosecutor, when they are regarded as unlawful. The nurse's measure is subject to the control of the competent court to judge the case after the prosecutor who adopted the solution. (4) The assigned works may be passed to another prosecutor only in case of suspension or termination of its quality, according to the law, or, in its absence, if there are objective causes that justify the urgency and which imoiedica its recall. The prosecutor can challenge at the Superior Council of Magistracy, within the procedure of verifying the conduct of judges and prosecutors the measure ordered by the superior hierarchical prosecutor. " 33. In Article 62, paragraph 3 shall be amended and shall read as follows: " (3) Control exercised by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, the Prosecutor General of the National Anti-Corruption Prosecutor's Office or the Prosecutor General of the Prosecutor's Office of the Court of Appeal on Subordinate prosecutors can be made directly or through specific prosecutors appointed. " 34. In Article 63, paragraph 2 shall be amended and shall read as follows: " (2) The services and bodies specialized in the collection, processing and archiving of the information have the obligation to place, immediately, at the disposal of the competent prosecutor's office, at its premises, all data and all information, unprocessed, held in link to committing crimes. " 35. In Article 64, paragraph 2 shall be amended and shall read as follows: " (2) The prosecutor is free to present in court the conclusions he considers to be founded, according to the law, taking into account the evidence administered in the case. The prosecutor can challenge at the Superior Council of Magistracy the intervention of the superior hierarchical prosecutor, for influencing in any form of conclusions. " 36. Article 66 is amended and shall read as follows: "" Art. 66. -(1) The Minister of Justice, when he considers it necessary, on his own initiative or at the request of the Superior Council of Magistracy, exercises control over prosecutors, through prosecutors specifically appointed by the Prosecutor General of the Prosecutor's Office Court of Cassation and Justice or, as the case may be, the Prosecutor General of the National Anti-Corruption Prosecutor's Office, or the Minister (2) The control consists in checking the managerial efficiency, the way in which prosecutors perform their duties and in which service reports are carried out with the litigants and the other persons involved in the works of competence of parquet The control cannot concern the measures ordered by the prosecutor during the criminal investigation and the solutions adopted. (3) The Minister of Justice may ask the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or, as the case may be, the Prosecutor General of the National Anti-Corruption Prosecutor's Office written guidance on measures to be taken to effectively prevent and combat crime. " 37. In Article 67, paragraph 2 shall be amended and shall read as follows: "(2) The prosecutor's office of the High Court of Cassation and Justice is led by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, aided by a First Deputy and a Deputy." 38. In Article 67, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents; "(2 ^ 1) In his work, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice is helped by 3 councillors." 39. Article 69 is amended and shall read as follows: "" Art. 69. -The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice shall exercise, directly or through specific prosecutors appointed, control over all prosecutor's offices. " 40. Article 72 is amended and shall read as follows: "" Art. 72. -(1) The prosecutor's office of the High Court of Cassation and Justice has in the structure of wards led by chief prosecutors, who can be helped by deputies. Within the wards, services and offices run by chief prosecutors can operate. (2) Within the Prosecutor's Office of the High Court of Cassation and Justice operates the Directorate for the Investigation of Organized Crime and Terrorism, as a specialized structure in combating organized crime and terrorism. (3) The Directorate for Investigating Organized Crime and Terrorism falls under prosecutors appointed by order of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, with the opinion of the Superior Council of Magistracy, within the limits of the posts provided in the state of functions, approved according to the (4) In order to be appointed within the Directorate for the Investigation of Organized Crime and Terrorism prosecutors must have good professional training, an irreproachable moral conduct, a seniority of at least 6 years in office. prosecutor or judge and to have been declared admitted following the interview organized by the commission constituted for this purpose. (5) Any prosecutor who meets the conditions provided in par. ((4). (6) The interview consists in the verification of professional training, the ability to make decisions and to assume responsibility, stress resistance, as well as other specific qualities. (7) In the evaluation of candidates, the activity carried out by prosecutors, knowledge of a foreign language and computer operating knowledge will also be considered. (8) The Commission referred to in paragraph (4) is appointed by order of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, and consists of 3 prosecutors from the Directorate for Investigation of Organized Crime and Terrorism. The commission can also include specialists in psychology, human resources and other fields. (9) The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice assesses, annually, the results obtained by the prosecutors of the Directorate for Investigation of Organized Crime and Terrorism. (10) Prosecutors appointed in the Directorate for the Investigation of Organized Crime and Terrorism can be revoked by order of the Prosecutor General of the Prosecutor's Office, of the High Court of Cassation and Justice, with the opinion of the Council Superior of Magistracy, in case of improper exercise of duties specific to the office or in case of application of a disciplinary sanction. (11) On the date of termination of the activity within the Directorate for Investigation of Organized Crime and Terrorism the prosecutor returns to the prosecutor's office where he comes from or to another prosecutor's office where he has the right to operate according to the law. (12) The attributions, competence, structure, organization and functioning of the Directorate for the Investigation of Organized Crime and Terrorism are established by special law. ((13) Provisions art. 48 48 para. ((10) and (11) of Law no. 303/2004 it shall apply accordingly. '; 41. In Article 74, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) The Governing College of the Prosecutor's Office of the High Court of Cassation and Justice is constituted of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, First Deputy, and 5 prosecutors elected in the General Assembly of Prosecutors. (3) Provisions art. 52 52 para. ((3)-(7) shall apply accordingly. " 42. After Article 75, a new article is inserted, Article 75 ^ 1, with the following contents: "" Art. 75 75 ^ 1. -The prosecutor's office of the High Court of Cassation and Justice draws annually a report on the work carried out, which it presents to the Superior Council of Magistracy and the Minister of Justice, no later than February of the following year. The Minister of Justice will present to Parliament the conclusions on the activity report of the Prosecutor's Office of the High Court of Cassation and Justice. 43. In Article 76, paragraph 1 shall be amended and shall read as follows: "" Art. 76. -(1) The National Anti-Corruption Prosecutor's Office is specialized in combating corruption crimes, according to the law, it exercises its duties throughout Romania, and operates in addition to the High Court of Cassation and Justice. " 44. In Article 77, paragraph 1 shall be amended and shall read as follows: "" Art. 77. -(1) The National Anti-Corruption Prosecutor's Office operates according to the principle of legality, impartiality and hierarchical control. " 45. In Article 78, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 78. -(1) The National Anti-Corruption Prosecutor's Office is headed by a Prosecutor General, assimilated to the First Deputy Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, aided by 2 deputies, assimilated to the deputy attorney general of the The Prosecutor's Office of the High Court of Cassation and Justice. (2) In his activity, the Prosecutor General of the National Anti-Corruption Prosecutor's Office is helped by 2 councillors, assimilated to the councillors of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice 46. In Article 79, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) The governing body of the National Anti-Corruption Prosecutor's Office is constituted by the Prosecutor General, one of its deputies and 5 prosecutors elected in the general assembly of prosecutors. (3) Provisions art. 52 52 para. ((3)-(7) shall apply accordingly. " 47. Article 83 is amended and shall read as follows: "" Art. 83. -(1) The National Anti-Corruption Prosecutor's Office falls with prosecutors appointed by order of the Prosecutor General of the National Anti-Corruption Prosecutor's Office, with the opinion of the Superior Council of Magistracy, within the limits of the posts provided in the according to law (2) In order to be appointed within the National Anti-Corruption Prosecutor's Office, prosecutors must have good professional training, an irreproachable moral conduct, at least 6 years old as prosecutor or judge and have been declared admitted. following an interview organised by the committee set up for that purpose. (3) Any prosecutor who meets the conditions provided in par. ((2). (4) The interview consists in the verification of professional training, the ability to make decisions and to assume responsibility, stress resistance, as well as other specific qualities. (5) In the evaluation of candidates, the activity carried out by prosecutors, knowledge of a foreign language and computer operating knowledge will also be considered. (6) The Commission referred to in paragraph (2) is appointed by order of the Prosecutor General of the National Anticorruption Prosecutor's Office and consists of 3 prosecutors from the National Anti-Corruption Prosecutor's Office The commission can also include specialists in psychology, human resources and other fields. (7) The Prosecutor General of the National Anti-Corruption Prosecutor's Office assesses, annually, the results obtained by the prosecutors of the (8) Prosecutors appointed within the National Anti-Corruption Prosecutor's Office may be revoked by order of the Prosecutor General of the National Anti-Corruption Prosecutor's Office, with the opinion of the Superior Council of Magistracy, in case of improper functions specific to the function or in the case of a disciplinary sanction (9) On the date of termination of the activity within the National Anticorruption Prosecutor's Office the prosecutor returns to the prosecutor's office where he comes from or to another prosecutor's office where he has the right (10) The powers, competence, structure, organization and functioning of the National Anti-Corruption Prosecutor's Office are established by special law. ((11) Provisions art. 48 48 para. ((10) and (11) of Law no. 303/2004 on the status of magistrates, with subsequent amendments and completions, shall apply accordingly. " 48. After Article 83, a new article is inserted, Article 83 ^ 1, with the following contents: "" Art. 83 83 ^ 1. -The National Anti-Corruption Prosecutor's Office develops annually a report on the work carried out, which it presents to the Superior Council of Magistracy and the Minister of Justice, no later than February of the following year The Minister of Justice will present to Parliament the conclusions on the activity report of the National Anticorruption Prosecutor 49. In Article 90, paragraph 2 shall be amended and shall read as follows: "(2) The driver of each parquet shall allocate the prosecutors on the wards, services and offices, depending on their training, specialization and skills." 50. in Article 90, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The driver of each parquet shall allocate the files to the prosecutors, taking into account their specialization." 51. In Article 91, paragraph 3 shall be amended and shall read as follows: " (3) Provisions art. 52 52 para. ((2)-(7) shall apply accordingly. " 52. After Article 92, a new section is inserted, Section 4-"Organization of military prosecutor's offices", with the following contents: " Section 4 Organizing military prosecutor's offices Art. 92 ^ 1. -(1) In addition to each military court operates a military parquet. In addition to the Military Court of Appeal Bucharest operates the Military Prosecutor's Office of the Bucharest Court of Appeal, in addition to the Territorial Military Court of Bucharest operates the Military Prosecutor's Office of the Territorial Military Court of Bucharest, and on near the military courts operate the prosecutor's offices of the military courts. (2) The circumstances of the military prosecutor's offices are set out in Annex no. 2 which forms an integral part of this law. (3) Military prosecutors provided in par. (1) each have the status of military unit, with its own indicative. Art. 92 ^ 2. -(1) Military parquets are led by a first military prosecutor aided by a first deputy military prosecutor. (2) The Military Prosecutor's Office of the Bucharest Court of Appeal is led by a military prosecutor general, helped by an assistant military prosecutor general. Art. 92 ^ 3. -(1) Military prosecutors shall exercise by military prosecutors the powers provided for in art. 60 60, which shall apply accordingly. (2) The military prosecutor's offices carry out the prosecution in cases concerning criminal acts committed by Romanian soldiers deployed on the territory of other states, within multinational forces, given that, according to an international convention, the territory of the receiving State may be exercised the Romanian jurisdiction. Military prosecutors participate in court hearings that take place according to art. 58 58 ^ 2. (3) Military offices have special research bodies put in their service and to which they exercise the duties provided in art. 60 lit. b). (4) Provisions art. 91 91 and 92 shall apply accordingly. Art. 92 ^ 4. -(1) When the defendant is active military, the military prosecutor carrying out the prosecution must be part of at least the same category of degrees. (2) When the prosecutor's degree is not part of the same category as the defendant or defendant, he will be assisted by another prosecutor with a degree in the appropriate category, appointed by the head of the prosecutor's office to which the case is registered. Art. 92 ^ 5. -(1) Within the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Prosecutor's Office operates sections or services to combat crimes committed by soldiers who have, each, the status of military unit, with Own indicative. (2) In order to prevent and combat crime, as well as to establish the causes that generate or favor crime among the military, the wards or services within the Prosecutor's Office of the High Court of Cassation and Justice and The National Anti-Corruption Prosecutor's Office organizes and carries out joint activities of military prosecutors with the control bodies of the Ministry of National Defence, the Ministry of Administration and Interior, as well as other structures military, based on protocols. " 53. In Article 93, paragraph 1 shall be amended and shall read as follows: "" Art. 93. -(1) The National Institute of Magistracy is the public institution with legal personality, in the coordination of the Superior Council of Magistracy, which carries out the initial training of judges and prosecutors, the continuous professional training of judges and prosecutors in office, as well as the formation of trainers, under the law. " 54. In Article 94, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 94. -(1) The National Institute of Magistracy is headed by a 13-member scientific board: a judge of the High Court of Cassation and Justice, a prosecutor from the Prosecutor's Office of the High Court of Cassation and Justice, a judge of the The Bucharest Court of Appeal, a prosecutor from the Prosecutor's Office of the Bucharest Court of Appeal, appointed by the Superior Council of Magistracy, 3 university professors, recommended by the Faculty of Law of the University of Bucharest, Faculty of Law of Alexandru Ioan Cuza "University of Iasi and the Faculty of Law of the" Babeş-Bolyai " University of Cluj-Napoca, 3 elected representatives of the training staff of the Institute, a representative of the justice auditors, a representative of the legally constituted professional associations of judges and prosecutors, as well as the director The National Institute of Magistracy, which is a part of the council and presides over it. (2) The director of the National Institute of Magistracy and his two deputies are appointed by the Superior Council of Magistracy, at the proposal of the Scientific Council of the National Institute of Magistracy, among the training staff legal speciality of the Institute, judges and prosecutors or teachers in legal higher education accredited according to the law. " 55. Article 94 (4) shall be repealed. 56. Article 98 is amended and shall read as follows: "" Art. 98. -(1) The training staff of the National Institute of Magistracy shall be provided, as a rule, among the judges and prosecutors in office, who may be seconded under the present law, with their consent, within the Institute, with the opinion scientific council of the Institute. (2) The National Institute of Magistracy may use, under the law, also teachers from higher legal education accredited according to the law, other Romanian and foreign specialists, as well as legal specialized personnel provided for art. 86 86 para. ((1) of Law no. 303/2004 , with subsequent amendments and completions, for the conduct of the professional training process. (3) Salarization of the training staff of the National Institute of Magistracy 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 at the High Court of Cassation and Justice and teaching norm established according to art. 80 80 para. ((2) of Law no. 128/1997 on the Staff Regulations. ' 57. Article 99 is amended and shall read as follows: "" Art. 99. -Government decision can be established, subordinated to the Ministry of Justice and the Public Ministry, regional centers for the continuous professional training of clerks and other categories of specialized personnel. " 58. In Article 100, letter e) is amended and shall read as follows: "" e) are fit, medically and psychologically, for the exercise of the function. " 59. In Article 101, paragraphs 2 to 4 shall be amended and shall read as follows: " (2) Legal provisions on obligations, prohibitions and incompatibilities of judges and prosecutors shall also apply to judicial assistants. (3) The provisions on holiday, free health care and transport gratuity, provided by law for judges and prosecutors, shall also apply to judicial assistants. (4) Judicial assistants shall be sworn in under the conditions laid down by law for judges and prosecutors. " 60. In Article 103, paragraph 1 shall be amended and shall read as follows: "" Art. 103. -(1) Judicial assistants shall be subject to the legal provisions on disciplinary misconduct and sanctions, as well as the reasons for release from office provided by law for judges and prosecutors. " 61. In Article 106, after paragraph 3, a new paragraph (4) is inserted, with the following contents: "(4) Military courts and prosecutors have in their structure and a compartment of classified documents." 62. Article 107 (2) shall be amended and shall read as follows: " (2) The head of the office, who also performs the role of spokesman, may be a judge or prosecutor appointed by the president of the court or, as the case may be, the head of the prosecutor's office or a graduate of a faculty of journalism or communication specialist, called by competition or exam. " 63. In Article 108, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) The auxiliary staff from the military courts and prosecutors ' offices, from the departments or services of the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Prosecutor's Office can also come from among the active military. 64. In Article 109, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) At court hearings, military clerks are required to wear a military uniform." 65. Article 110 is amended and shall read as follows: "" Art. 110. -(1) In order to inform the activity of courts and prosecutors, the President of the High Court of Cassation and Justice, the Minister of Justice, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or, as the case may be, the Prosecutor General of the National Anti-Corruption Prosecutor's Office take measures to equip them properly. (2) The number of informaticians shall be established by the president of the court or, as the case may be, by the head of the prosecutor's office, with the opinion according to the specialized department of the Ministry of Justice, respectively The Prosecutor's Office of the High Court of Cassation and Justice. (3) In the case of the High Court of Cassation and Justice and the National Anti-Corruption Prosecutor's Office, the opinion provided in par. ((2) is not necessary. (4) In order to create a unified and functional computer system, the institutions of the judiciary have the obligation to carry out the measures provided for in the strategy of computerization of the judicial system, which is approved by Government decision, At the Ministry of Justice (5) The technical endowment necessary to computerize the military courts, the section or the service of the Prosecutor's Office of the High Court of Cassation and Justice or, as the case may be, of the National Anti-Corruption Prosecutor's Office, as well as of the military shall ensure the Ministry of National Defence. " 66. In Article 111, paragraph 2 shall be amended and shall read as follows: " (2) Number of personnel of the Romanian Gendarmerie necessary for the application of the provisions (1) shall be established by Government decision, at the proposal of the Minister of Justice and the Minister of Administration and Interior, as well as of the President of the High Court of Cassation and Justice. " 67. After Article 111, two new articles are inserted, Article 111 ^ 1 and Article 111 ^ 2, I read as follows: "" Art. 111 111 ^ 1. -(1) Military courts and prosecutors ' offices have military police placed in their service by the Ministry of National Defence, free of charge. The need for military police personnel will be determined by Government decision, at the proposal of the Ministry of Justice and the Ministry of National Defence. (2) The military police placed in the service of military courts and prosecutors are subordinate to their presidents or prime prosecutors. (3) Guard of the offices of the courts and military prosecutor's offices, of the other spaces used by them, of the goods and values belonging to them, the supervision of access and the maintenance of the inner order necessary to carry out the activity Free mode, by the Military Police. (4) The number of staff required for each instance or parquet will be determined by the Minister of Justice, at the proposal of the President of the Military Court of Appeal and the section or service of the Prosecutor's Office of the High Court of Cassation Justice. Art. 111 ^ 2. -The Romanian Police and the Romanian Gendarmerie have the obligation to provide the necessary support, according to the legal duties, to the military courts and prosecutors, to the section or service of the Prosecutor's Office of the High Court of Cassation and Justice and from the framework of the National Anti-Corruption Prosecutor's Office, for the proper conduct of the criminal proceedings, 68. Article 112 is amended and shall read as follows: "" Art. 112. -How to use the police personnel to ensure the protection of judges and prosecutors, as well as the use of the personnel of the Romanian Gendarmerie to ensure the security of the courts and prosecutors ' offices, goods and their values, the supervision of access and the maintenance of the internal order shall be established by protocol concluded between the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice, National Anti-Corruption or, where applicable, Ministry of Justice and Ministry of Administration and Internals. " 69. In Article 113, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) Provisions of para. (1) and (2) shall also apply to the Bucharest Military Court of Appeal and the Military Prosecutor's Office of the Bucharest Military Court of Appeal. " 70. Article 114 (2) shall be amended and shall read as follows: " (2) At the contest provided in par. (1) persons who have higher economic studies and a specialized seniority of at least 5 years may be enrolled. " 71. In Article 115, letter d)) is amended and shall read as follows: " d) organize the elaboration, substantiation and presentation to the competent bodies of the annual budget projects, within the time limits and under the conditions provided by Public Finance Law no. 500/2002 ,, as amended and supplemented; " 72. in Article 115, after letter g), three new letters, letters h), i) and j) shall be inserted, with the following contents: " h) pursues and responds to the efficient use of funds received from the state budget, the state social insurance budget or the budgets of special funds, as well as those constituted by own income, according to the law; i) organize the keeping up to date of the accounting of the court and prosecutor's office in the constituency where it operates and controls the correct performance of all financial-accounting operations in the specific documents, as well as the preparation and presentation of the financial statements on the assets under management, according to the provisions Accounting Law no. 82/1991 republished; j) coordinates the activity of administration of the premises of the courts and prosecutors ' offices in the constituencies within which it operates, establishing measures to ensure the material conditions in order to carry out their activity accordingly. It also ensures the order, cleanliness and security of goods in the premises of the courts, including measures to prevent and extinguish fires. " 73. After Article 117, a new article is inserted, Article 117 ^ 1, with the following contents: "" Art. 117 117 ^ 1. -(1) Military courts that do not have their headquarters in Bucharest and the prosecutor's offices in addition to these have in the structure an economic-administrative compartment. (2) The auxiliary staff of the economic and administrative department shall have the following main tasks: a) prepare the documentation for public procurement, services and works necessary to carry out the activity of the courts b) ensure the supply of maintenance and household use materials, fixed assets and inventory items or other goods necessary to carry out the optimal activity of the courts; c) ensure the maintenance and operation of buildings, technical-sanitary heating installations, other fixed assets and inventory items; d) ensure the order, cleanliness and security of goods in the courts ' premises; e) undertake measures to prevent and extinguish fires, as well as to eliminate the consequences of calamities. " 74. In Article 118, after paragraph 3, a new paragraph (4) is inserted, with the following contents; " (4) The budget of the courts and military prosecutor's offices is managed by the Ministry of National Defence, the Minister of National Defence having the status of principal authorising officer 75. In Article 119, after paragraph 5, two new paragraphs are inserted, paragraphs 6 and 7, with the following contents: " (6) The annual budget projects shall be elaborated by the Bucharest Military Court of Appeal, respectively by the section or service of the Prosecutor's Office of the High Court of Cassation and Justice, after consulting the other courts and military prosecutor's offices, subject to the opinion of the Superior Council of Magistracy and to the Ministry of National Defence. (7) Annually, the Government of Romania will include in the budget of the Ministry of National Defence the necessary funds 118 118 para. ((4). ' 76. In Article 121, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) For military courts and prosecutors, the maximum number of posts is approved, according to par. ((1), with the advisory opinion of the Minister of Defence. " 77. In Article 122, a new paragraph (2) is inserted, with the following contents: "(2) The states of functions and personnel for each military and parquet court of this shall be approved by order of the Minister of Justice, with the assent of the Superior Council of Magistracy and the Minister of National Defence." 78. After Article 122, a new article is inserted, Article 122 ^ 1, with the following contents: "" Art. 122 122 ^ 1. -As of January 1, 2008, the powers of the Ministry of Justice relating to the management of the budget of the courts of appeal, of the courts, of the specialized courts and of the courts will be taken over by the High Court of Cassation and Justice. " 79. Article 123 shall be repealed. 80. In Article 125, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The material and monetary rights of the personnel of the military courts and prosecutors ' offices and the material means, including the automotive ones, necessary for the officials of the military courts and prosecutors, the section or the service of the The High Court of Cassation and Justice and the section or service of the National Anti-Corruption Prosecutor's Office shall ensure the Ministry of National Defence. 81. In Article 126 (1), point b) shall be amended and shall read as follows: "b) the manner and criteria for the distribution of cases on full trial, in order to ensure compliance with the principles of random distribution and continuity;" 82. In Article 127, paragraph 2 shall be amended and shall read as follows: " (2) The internal order regulation provided in par. (1) is approved by order of the Minister of Justice, at the proposal of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or, as the case may be, of the Prosecutor General of the National Anti-Corruption Prosecutor Superior of Magistracy. " 83. Article 128 shall be repealed. 84. Article 130 is amended and shall read as follows: "" Art. 130. -(1) The data to which the specialized courts will begin to operate and the localities in which they will operate shall be established, in a staggered manner, by order of the Minister of Justice, with the assent of the Superior Council of Magistracy. (2) The provisions of this Law on economic managers of courts and prosecutors ' offices shall apply from 1 July 2005. (3) The position of economic manager shall be equivalent to the position of Executive Director. (4) Until the beginning of the functioning of the Ilfov Tribunal and the prosecutor's office of this court, the cases of their competence shall be solved by the Bucharest Court and the Prosecutor's Office of the Bucharest Court, respectively. " 85. Article 132 shall be repealed. 86. In Article 133, paragraph 2 shall be amended and shall read as follows: "" (2) Provisions art. 135 135 of Law no. 92/1992 for the judicial organisation, republished, as amended, relating to economic directors shall be repealed with effect from 1 July 2005. '; + Article II (1) On the date of entry into force of this law, the functions of inspector judge and inspector prosecutor shall be abolished and the posts shall be transformed into posts of judge or prosecutor. (2) The ongoing activities of the inspectors inspectors and prosecutors inspectors will be continued by judges or prosecutors appointed by the heads of the courts or prosecutors. + Article III*) The provisions of the present law on the registration of court hearings, as well as those on appointment at the offices of information and public relations of graduates of a journalistic faculty or communication specialists, shall apply from 1 July 2006 + Article IV (1) The territorial districts of the military prosecutor's offices in the municipalities of Bacau, Brasov, Constanta, Craiova, Oradea, Ploiesti and Targu-Mures, which are abolished by the entry into force of this law, are redistributed in accordance with territorial constituencies of military courts in these localities, according to Annex no. 2 to the present law. (2) The reduced functions as a result of the reorganization of the military courts and prosecutors, according to the present law, pass in the states of functions of the Ministry of Justice and the Public Ministry, with the taking of financing measures by transferring to these institutions of corresponding funds from the budget of the Ministry of National (3) The spaces and material facilities of the military prosecutor's offices abolished, will be taken over by the military prosecutor's offices to which, through redistribution, the territorial constituencies of the disbanded units return. (4) Civil and military auxiliary staff in the courts and military prosecutor's offices who opt for transfer to civil courts and prosecutors or whose functions have been reduced, will be transferred, taking into account the option expressed, at courts and civil prosecutors ' offices within the radius of domicile or other localities. (5) The transfer of civil and military auxiliary personnel from military courts and prosecutors, to civil courts or prosecutors, shall be taken into account, according to the law, of seniority in work and professional activity. In this case, the withdrawal of military auxiliary personnel into the reserve or directly into withdrawal is mandatory. + Article V On the date of entry into force of this Law, Law no. 54/1993 for the organization of military courts and prosecutors, republished in the Official Gazette, of Romania, Part I, no. 209 of 13 May 1999, as amended, and any other provisions to the contrary shall be repealed. + Article VI In the contents Government Emergency Ordinance no. 43/2002 on the National Anti-Corruption Prosecutor's Office, published in the Official Gazette of Romania, Part I, 244 of 11 April 2002, approved with amendments by Law no. 503/2002 , as amended and supplemented, as well as the Government Emergency Ordinance no. 177/2002 on the salary and other rights of magistrates, published in the Official Gazette of Romania, Part I, no. 924 of 18 December 2002, approved with amendments and additions by Law no. 347/2003 , with subsequent amendments and completions, as well as in any other normative acts, the name "counselor prosecutor" is replaced by that of "counselor". + Article VII The regulations provided for by this Law shall be updated and adopted within 60 days from the entry into force of this Law and shall be published in the Official Gazette of Romania, Part I. + Article VIII (1) Within 90 days of the entry into force of this law, elections will be held for the leading colleges of courts and prosecutors. (2) The duties of the members of the current management colleagues shall cease at the expiry of the term provided in ((1). + Article IX Law no. 508/2004 on the establishment, organization and functioning within the Public Ministry of the Directorate for Investigation of Organized Crime and Terrorism, published in the Official Gazette of Romania, Part I, no. 1089 of 23 November 2004, as amended and supplemented, shall be amended as follows: "" Art. 10. -(1) Within the Directorate for the Investigation of Organized Crime and Terrorism are appointed, by order of the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism, with the opinion of the Ministers of Crime. resort, highly qualified specialists in the field of processing and valorization of information, economic, financial, banking, customs, computer, as well as in other fields, for clarifying some technical or specialized aspects in the activity of Prosecution. (2) Specialists referred to in par. (1) have the status of civil servant and carry out their activity under the direct management, supervision and direct control of prosecutors from the Directorate for Investigation of Organized Crime and Terrorism. Specialists have the rights and obligations provided by law for civil servants, with the exceptions provided in this law. The specialists also benefit, appropriately, from the rights provided for in art. 11 and 23 of Government Emergency Ordinance no. 27/2006 on the payroll and other rights of judges, prosecutors and other personnel in the justice system. (3) The technical-scientific finding made from the written provision of the prosecutor by the specialists referred to in par. (1) constitutes a means of proof, under the law. (4) Technical-scientific findings and surveys may also be carried out by other specialists or experts from Romanian or foreign public or private institutions, organized according to the Romanian law or, as the case may be, recognized according to the Romanian law, as well as specialists or individual experts authorized or recognized according to the Romanian law. " ------------ Article 10 of Law no. 508/2004 has been amended by section 10 10 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. + Article X Government Emergency Ordinance no. 43/2002 on the National Anti-Corruption Prosecutor's Office, published in the Official Gazette of Romania, Part I, 244 of 11 April 2002, approved with amendments by Law no. 503/2002 , as amended and supplemented, shall be amended as follows: 1. In Article 11, paragraph 3 shall be amended and shall read as follows: " (3) The technical-scientific finding made from the written provision of the prosecutor by the specialists provided in par. (1) constitutes a means of proof, under the law. " 2. in Article 11, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) Technical-scientific findings and surveys may also be carried out by other specialists or experts from Romanian or foreign public or private institutions, organized according to the law, as well as by specialists or authorized individual experts or recognized, according to the law. " + Article XI In point C of the Annex to Law no. 304/2004 on the judicial organization the phrase "the specialized courts and tribunals contained in the constituency of the appellate court" is replaced by "the courts contained in the constituency of the appellate court". + Article XII After Annex to Law no. 304/2004 on judicial organization, which becomes Annex no. 1 1, a new Annex, Annex no. 2, with the following contents: " ANNEX NO 2 Constituencies of the military courts, of the prosecutor's offices of these and the localities of residence -------------------------------------------------------------------------------- No. Military Court and Military Prosecutor's Office and Constituency crt. locality of locality of territorial residence residence ------------------------------------------------------------------------------- I. 1 Military Court of the Prosecutor's Office of Arges Bucharest Military Court Calarasi Headquarters: Bucharest Giurgiu Municipality Bucharest Headquarters: Ialomita Municipality Bucharest Ilfov Olt Teleorman Valcea Municipality Bucharest Constanta Tulcea Braila Buzau Dambovita Prahova ------------------------------------------------------------------------------- I. 2 Military Court of the Prosecutor's Office of Brasov Cluj Military Court of Cluj Covasna Headquarters: Municipality of Cluj-Sibiu Cluj-Napoca Alba Bistrita-Nasaud Cluj Salaj Harghita Mures Bihor Maramures Satu-Mare ------------------------------------------------------------------------------- I. 3 Military Court of the Prosecutor's Office of Bacau Iasi Military Court Iasi Neamt Headquarters: Iasi City Headquarters: Iasi Municipality Suceava Vrancea Botosani Galati Iasi Vaslui ------------------------------------------------------------------------------- I. 4 Military Court of the Prosecutor's Office of Dolj Timisoara Military Court Gorj Headquarters: Municipality of Timisoara Hunedoara Timisoara Headquarters: Mehedinti Municipality Timisoara Arad Caras-Severin Timis ------------------------------------------------------------------------------- II. Military Court Military Prosecutor's Office on Competence Territorial Bucharest near the Territorial Military Court Headquarters: Territorial Municipality of Bucharest Bucharest Headquarters: Municipality Bucharest ------------------------------------------------------------------------------- III Military Court of Military Prosecutor's Office on the Competence Bucharest Appeal to the Military Court of Territorial Headquarters: Bucharest Municipality Call General " Bucharest Headquarters: Municipality Bucharest ------------------------------------------------------------------------------- + Article XIII On the date of entry into force of this Law, any provision to the contrary shall be repealed + Article XIV Law no. 304/2004 on judicial organization, published in the Official Gazette of Romania, Part I, no. 576 of June 29, 2004, with subsequent amendments and completions, as well as with the amendments and completions brought by this law, shall be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Title 17 Modification and completion Law no. 303/2004 on the status of magistrates *) + Article I Law no. 303/2004 on the status of magistrates, published in the Official Gazette of Romania, Part I, no. 576 576 of. 29 June 2004, as amended, shall be amended and supplemented as follows: 1. The title of the law changes and will read as follows: "Law on the status of judges and prosecutors" 2. In Title I, the title of Chapter I is amended and shall read as follows: "Chapter I-Notions and Principles" 3. Article 1 is amended and shall read as follows: "" Art. 1. -the magistracy is the judicial activity carried out by the judges for the purpose of justice and prosecutors in order to defend the general interests of society, the rule of law as well as the rights and freedoms of citizens. " 4. Article 2 shall be repealed. 5. In Article 3, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) The judges are independent, obey only the law and must be impartial. ((4) Any person, organization, authority or institution is obliged to respect the independence of judges. " 6. In Article 4, paragraph 1 shall be amended and shall read as follows: "" Art. 4. -(1) The prosecutors appointed by the President of Romania enjoy stability and are independent, under the law. " 7. In Article 5, paragraph 1 shall be amended and shall read as follows: "" Art. 5. -(1) Judges and prosecutors are obliged, through their entire activity, to ensure the rule of law, respect the rights and freedoms of persons, as well as their equality before the law and ensure non-discriminatory legal treatment to all participants in judicial proceedings, regardless of their quality, to comply with the Code of Ethics of Judges and Prosecutors and to participate in continuous professional training. " 8. Article 6 is amended and shall read as follows: "" Art. 6. -(1) The functions of judge, prosecutor, assistant magistrate and judicial assistant are incompatible with any other public or private functions, except for teaching positions in higher education, as well as those of instruction within the The National Institute of Magistracy and the National School of Grefieri, under the law. (2) Judges and prosecutors are obliged to refrain from any activity related to the act of justice in cases involving the existence of a conflict between their interests and the public interest in the achievement of justice or defence of interests general of the company, except where the conflict of interest was brought to the attention, in writing, to the governing college of the court or the head of the prosecutor's office and it was considered that the existence of the conflict of interest does not affect the impartial performance of the duties. (3) Judges, prosecutors, assistant magistrates and specialist auxiliary staff are obliged to give, annually, a self-declaration stating whether the spouse, relatives or affins up to the 4th degree, including, exercise a function or carry out a legal activity or activities, investigation or criminal investigation, as well as their workplace. The statements shall be recorded and submitted to the professional file. " 9. After Article 6, two new articles are inserted, Articles 6 ^ 1 and 6 ^ 2, with the following contents: "" Art. 6 6 ^ 1. -(1) Judges, prosecutors, magistrates-assistants, legal specialist staff assimilated to magistrates and specialist auxiliary staff are required to make an authentic, self-declaration according to criminal law, regarding belonging or non-belonging as an agent or collaborator of the security bodies, as a political police. (2) The National Council for the Study of Security Archives shall verify the declarations provided in par. ((1). The results of the checks attach to the professional file. ((3) Provisions Law no. 187/1999 on access to your own file and the unravelling of security as political police apply accordingly. Art. 6 ^ 2. -(1) Judges, prosecutors, assistant magistrates, legal specialist staff assimilated to them and specialist auxiliary staff of the courts and prosecutor's offices may not be operational workers, including covered, informants. or collaborators of the intelligence services. (2) Persons referred to in par. (1) complete, annually, an authentic declaration, on their own responsibility according to the criminal law, showing that they are not operative workers, including covered, informants or collaborators of the information services. (3) The Supreme Council of Defense of the Country shall verify, ex officio or at the complaint the Superior Council of Magistracy or the Minister of Justice, the reality of the statements provided ((2). (4) Violation of provisions of paragraph (1) leads to release from the position held, including that of judge or prosecutor. " 10. Article 7 is amended and shall read as follows: "" Art. 7. -(1) Judges and prosecutors are 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 management, administration or control bodies at civil societies, companies, including banks or other credit institutions, insurance companies or financial, national companies, companies national or autonomous kings; d) be a member of a group of economic interest. (2) By way of derogation from the provisions of paragraph ((1) lit. c), judges and prosecutors may be shareholders or associates as a result of the law on mass privatization. " 11. Article 8 is amended and shall read as follows: "" Art. 8. -(1) Judges and prosecutors shall not be part of political parties or parties, nor shall they conduct or participate in activities of a political nature. ((2) Judges and prosecutors shall be obliged in the exercise of their duties to refrain from expressing or manifesting, in any manner, their political beliefs. " 12. Article 9 is amended and shall read as follows: "" Art. 9. -(1) Judges and prosecutors cannot publicly express their opinion on pending trials or on cases with which the prosecutor's office has been notified. (2) Judges and prosecutors may not give written or verbal consultations on contentious matters, even if those processes are pending before other courts or prosecutors ' offices than those in which they exercise their office and cannot perform any other Activity that, according to the law, is carried out by (3) Judges and prosecutors are allowed to plead, under the conditions provided by law, only in their personal cases, of ascenders and descendants, of spouses, as well as of persons placed under guardianship or their cleaning. Even in such situations, however, judges and prosecutors are not allowed to use the quality they have to influence the court's solution or the prosecutor's office and must avoid creating the appearance that they could influence in any way the solution. " 13. Article 10 is amended and shall read as follows: "" Art. 10. -(1) Judges and prosecutors may participate in the elaboration of publications, develop articles, specialized studies, literary or scientific works and participate in audiovisual broadcasts, except those of a political nature. (2) Judges and prosecutors may be members of commissions for examination or preparation of draft normative acts, internal or international documents. ((3) Judges and prosecutors may be members of scientific or academic societies, as well as of any legal persons of private law without patrimonial purpose. " 14. Title II is amended and shall read as follows: "" Title II Career of judges and prosecutors " 15. In Title II, the title of Chapter I is amended and shall read as follows: "Chapter I Admission to the magistracy and initial professional training of judges and prosecutors" 16. Article 11 is amended and shall read as follows: "" Art. 11. -The admission to the magistracy of judges and prosecutors is made by competition, based on professional competence, skills and good reputations. " 17. Article 12 is amended and shall read as follows: "" Art. 12. -Admission to the magistracy and initial vocational training in order to fill the position of judge and prosecutor is carried out through the National Institute of Magistracy. " 18. In Article 13 (2), letter c) shall be amended and shall read as follows: "c) has no criminal record or tax record;" 19. Article 13 (2), letter e) shall be amended and shall read as follows: "" e) is fit, medically and psychologically, for the exercise of the function. The medical commission is called by joint order of the Minister of Justice and the Minister of Health. 20. In Article 14, paragraph 1 shall be amended and shall read as follows: "" Art. 14. -(1) The admission contest is organized annually on the date and place established by the National Institute of Magistracy, with the approval of the Superior Council of Magistracy. The date, place, mode of the admission contest and the number of seats put up for competition shall be published in the Official Gazette of Romania, Part III, on the website of the Superior Council of Magistracy and that of the Institute National of Magistracy, at least 60 days before the date set for the competition. " 21. In Article 14, after paragraph 1, two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2, with the following contents; " (1 ^ 1) The data provided in par. (1) shall also be brought to the attention by a statement published in three central daily newspapers. (1 ^ 2) For the registration of the contest provided in par. ((1), the candidate pays a fee whose amount is determined by decision of the Superior Council of Magistracy, depending on the expenses necessary for the organization of the contest. " 22. In Article 14, paragraphs 3 and 4 shall be amended and shall read as follows: " (3) The admission commission, the committee on the elaboration of the subjects and the commission for the resolution of appeals are appointed by decision of the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy. Verification of the candidates ' files and fulfilment of the conditions provided in 13 13 para. (2) shall be carried out by the admission committee. (4) The results of the contest shall be displayed at the headquarters of the National Institute of Magistracy and shall be published on the website of the Superior Council of Magistracy and the National Institute of Magistracy. " 23. Article 15 (4) shall be amended and shall read as follows: " (4) During the course of the courses, the justice auditors perform internships in the courts and prosecutor's offices, attend court hearings and prosecution work, to directly know the activities on the courts. which carries out their judges, prosecutors and specialist auxiliary staff. " 24. In Article 16, paragraphs 1, 2 and 4 shall be amended and shall read as follows: "" Art. 16. -(1) The auditors of justice benefit from a scholarship having the character of a monthly allowance corresponding to the position of trainee judge and trainee prosecutor, in relation to the seniority they have as auditors. (2) The scholarship of justice auditors provided in par. (1) has the nature and legal regime of a salary right and is established on the basis of the gross allowance provided by law for trainee judges and prosecutors, to which the deductions for obtaining the net allowance will be calculated, to be transferred the obligation of the employer and insured persons to state social security, as well as the obligation of the employer and insured persons to contribute to health insurance. Justice auditors also benefit from the allowance during the holidays. (4) The period in which a person had the status of justice auditor, if he passed the graduation examination of the National Institute of Magistracy, constitutes seniority as a judge or prosecutor. " 25. In Article 16, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) The auditors of justice benefit from the rights provided by art. 78 78 para. ((4) and (5), which shall apply accordingly. " 26. In Article 17, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) a) the conduct of public activities of a political nature or the manifestation of political beliefs in the performance of their duties; b) irreverent attitudes towards colleagues, training and management staff of the National Institute of Magistracy, as well as to the persons with whom they come into contact during the period of the internship; c) unmotivated absences from classes, if they exceed 8 hours in a month. " 27. Article 17 (2), point b) shall be amended and shall read as follows: "b) the reduction of the stock exchange by up to 15% over a period of one month to 3 months;" 28. In Article 17 (2), after letter b) a new letter, letter b ^ 1) is inserted, with the following contents: " b ^ 1) the reduction of the stock exchange in proportion to the number of unmotivated absences, if they exceed 8 hours in one month; ' 29. In Article 17, paragraphs 4 and 5 shall be amended and shall read as follows: " (4) The sanctions provided in par. ((2) lit. b), b ^ 1) and c) shall apply to the scientific council of the National Institute of Magistracy. (5) The decisions of the scientific council provided in par. (4) may be appealed to the competent administrative and fiscal court. " 30. Article 18 (3) shall be amended and shall read as follows: " (3) Justice auditors who do not promote the graduation exam can present themselves once again for their support at the next session organized by the National Institute of Magistracy. If the auditor of justice does not, unjustifiably, appear on the exam or does not pass the exam in the second session, he cannot be appointed as a judge or prosecutor and is obliged to return the scholarship and the tuition expenses. " 31. In Article 19, paragraph 2 shall be amended and shall read as follows: " (2) If a graduate of the National Institute of Magistracy is relieved of his duties before the expiry of the 6-year period, on his initiative or for reasons attributable to him, he is obliged to return the auditor's scholarship of justice and tuition expenses incurred with its formation, in proportion to the time remaining until the end of the term provided in par. ((1). ' 32. In Title II, the title of Chapter II is amended and shall read as follows: "Chapter II Judges interns and trainee prosecutors" 33. Article 20 is amended and shall read as follows: "" Art. 20. -(1) Trainee judges and trainee prosecutors are appointed by the Superior Council of Magistracy, on the basis of the general average, obtained by summing up the three averages at the end of each study year and the graduation exam. of the National Institute of Magistracy. (2) Trainee judges and trainee prosecutors may only be appointed to the judges or, as the case may be, to the prosecutor's offices beside them. (3) Trainee judges enjoy stability. " 34. In Article 21, paragraph 1 shall be amended and shall read as follows: "" Art. 21. -(1) The duration of the internship shall be 1 year. " 35. In Article 22, paragraph 1 shall be amended and shall read as follows: "" Art. 22. -(1) Judges shall judge: a) applications for maintenance pensions, requests for records and corrections in civil status registers, requests for attachment, consent of forced execution, investment with enforceable formula and taking of precautionary measures; b) the patrimonial disputes having as object the payment of a sum of money or the surrender of a good, if the value of the object of the dispute does not exceed 100 million lei; c) complaints against the minutes of finding contraventions and application of contravention sanctions; d) the payment order; e) rehabilitation; f) ascertaining the intervention of amnesty or pardon; g) the offences provided in art. 279 279 para. 2 lit. a) of the Code of Criminal Procedure. " 36. in Article 22, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The solutions of the trainee prosecutors are countersigned by the prosecutors who coordinate them." 37. Article 23 is amended and shall read as follows: "" Art. 23. -(1) The judge or the prosecutor responsible for the coordination of the trainee judges or, as the case may be, of the trainee prosecutors shall draw up quarterly an individual assessment reference on the appropriation of practical knowledge specific to the judge or prosecutor. (2) In order to present at the capacity examination, the last, individual evaluation reference shall include the advisory opinion of the President of the Court of Appeal or of the Prosecutor General of the Prosecutor's Office of this. " 38. In Article 24, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 24. -(1) After the end of the internship period, the trainee judges and prosecutors are required to appear for the capacity examination. If the trainee judge or the trainee prosecutor is rejected at the capacity examination, he is obliged to appear at the next session. (2) The unjustified lack of the capacity examination or the rejection of the candidate at two sessions attracts the loss of the quality of trainee judge or trainee prosecutor. In this situation, the judge or the trainee prosecutor is obliged to return the scholarship to the justice auditor and the tuition expenses made for his professional training. " 39. Article 25 is amended and shall read as follows: "" Art. 25. -(1) The capacity examination of trainee judges and trainee prosecutors is organized annually by the Superior Council of Magistracy, through the National Institute of Magistracy. (2) The date, place and manner of the capacity examination shall be published in the Official Gazette of Romania, Part III, as well as on the website of the Superior Council of Magistracy and that of the National Institute of Magistracy and shall be communicated to the courts and to the prosecutor's offices, at least 90 days before the date set for the capacity examination. ((3) The applications for the application for the capacity examination, accompanied by the evaluation references and the other necessary documents according to the Regulation on the capacity examination of the trainee judges and the trainee prosecutors, shall be submitted to the Council Superior of the Magistracy within 60 days of the publication of the date of the exam. " 40. Article 26 is amended and shall read as follows: "" Art. 26. -(1) The Commission for the Judges ' Capacity Exam and the Board of Appeal shall consist of judges of the High Court of Cassation and Justice, judges of the courts of appeal and trainers of the National Institute of Magistracy, appointed by decision of the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy. (2) The Commission for the capacity examination of the prosecutors and the commission for the resolution of appeals are made up of prosecutors from the Prosecutor's Office of the High Court of Cassation and Justice, prosecutors from the prosecutor's offices of the courts of appeal and trainers from the National Institute of Magistracy, appointed by decision of the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy. " 41. In Article 27, paragraph 2 shall be amended and shall read as follows: " (2) The probes of a theoretical nature have as object the constitutional foundations of the rule of law, the basic institutions of law, judicial organization and the deontological code of judges and prosecutors. At the support of the oral evidence, at least 3 members of the commissions provided in art. 26 26. " 42. In Article 28, paragraph 1 shall be amended and shall read as follows: "" Art. 28. -(1) The results of the capacity examination shall be entered in the classification table of candidates, which shall be displayed at the headquarters of the National Institute of Magistracy and shall be published on the website of the Superior Council of Magistracy and the National Institute of Magistracy. " 43. In Article 28, after paragraph 1, two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2 with the following contents: " (1 ^ 1) The tests for the capacity examination regarding the written tests shall be sent to the National Institute of Magistracy, within 72 hours from the display of the results, by the candidates, the appeals courts or the prosecutor's offices beside them. Appeals shall be resolved within 3 days. The decision of the Board of Appeal is irrevocable, the provisions of par. ((1) being properly applicable. ((1 ^ 2) Noting to oral evidence is final. " 44. In Article 29, paragraphs 1, 2 and 4 shall be amended and shall read as follows: "" Art. 29. -(1) After the validation of the capacity examination, the list of all vacancies from the judges and prosecutor's offices of these courts shall be published immediately, separately for judges and prosecutors, in the Official Gazette of Romania, Part III, and is displayed at the courts and prosecutor's offices, through the care of the Superior Council of Magistracy. (2) The declared candidates admitted to the capacity examination shall have the right, in the order of the environments, to choose their posts, within 15 days off from their publication in the Official Gazette of Romania, Part III. (4) Equal environments shall have priority at the choice of the post, in the following order, the candidate operating at the court or the prosecutor's office for which he has opted or the one who has a higher seniority in the magistracy 45. in Article 29, after paragraph 5, a new paragraph (6) is inserted, with the following contents: " (6) In the constituencies of courts and prosecutors ' offices where a national minority has a share of at least 50% of the number of inhabitants, at equal averages, the candidates connoisseurs of the language of that minority shall 46. In Title II, the title of Chapter III is amended and shall read as follows: "Chapter III The appointment of judges and prosecutors" 47. Article 30 is amended and shall read as follows: "" Art. 30. -(1) The judges and prosecutors who passed the capacity examination are appointed by the President of Romania, at the proposal of the Superior Council of Magistracy. (2) The appointment proposals shall be made no later than 30 days from the date of validation of the capacity examination. (3) The President of Romania may refuse once the appointment of the judges and prosecutors provided in par. ((1). The reasoned refusal is immediately communicated to the Superior Council of Magistracy. (4) If the Superior Council of Magistracy supports the initial proposal, it has the obligation to motivate the option and to communicate it immediately to the President of Romania. (5) During the period between the date of validation of the capacity examination and the date of entry into force of the appointment act by the President of Romania, the judges and prosecutors who passed the capacity exam receive the salary corresponding to the immediately superior to that of judge or trainee prosecutor. " 48. After Article 30, a new article is inserted, Article 30 ^ 1, with the following contents: "" Art. 30 30 ^ 1. -The person who fulfils the conditions provided by law for entry into the magistracy may be appointed after the acquisition of the status of an active officer within the Ministry of National Defence. " 49. Article 31 is amended and shall read as follows: "" Art. 31. -(1) They may be appointed in the magistracy, on the basis of competition, if they meet the conditions provided in art. 13 13 para. (2), persons who have served as judge, prosecutor and who have ceased their activity for non-imputable reasons, the legal specialist staff provided for in art. 86 86 para. (1), lawyers, notaries, judicial assistants, legal advisers, persons who have performed legal specialist positions in the apparatus of the Parliament, Presidential Administration, Government, Constitutional Court, Ombudsman, Court of Accounts or of the Legislative Council, teachers of accredited higher legal education, with a specialized seniority of at least 5 years, as well as assistant magistrates at the High Court of Cassation and Justice at least 5 years old years and which ceased their activity for non-imputable reasons. (2) The contest provided in par. (1) shall be organized annually or whenever necessary, by the Superior Council of Magistracy, through the National Institute of Magistracy, for filling vacancies from judges and prosecutors ' offices. (3) Within no more than 30 days from the date of validation of the contest provided in par. (1), the Superior Council of Magistracy proposes to the President of Romania the appointment as judge or, as the case may be, the prosecutor of the admitted candidates. (4) Provisions art. 29 29 para. ((6) shall apply accordingly. (5) Persons who have served as a judge or prosecutor for at least 10 years and who have ceased their activity for non-imputable reasons may be appointed, without competition, as judge or prosecutor. (6) Persons referred to in par. ((5) may be appointed to courts or parquets of the same degree as those where they operated, with the exception of the High Court of Cassation and Justice. (7) Persons who have served as assistant magistrate in the High Court of Cassation and Justice for at least 10 years and who have ceased their work for non-imputable reasons, as well as lawyers with a profession of at least 10 years, may be called, without competition, at the judges or prosecutors ' offices that work beside them. (8) Persons who meet the condition of par. (5) and (7) by cumulation of seniority as a judge, prosecutor or in the profession of lawyer, may be appointed judge or prosecutor, without competition, at courts or prosecutors of the same degree as those where they worked, except for the High Court of Cassation and Justice. (9) In order to appoint as judge or prosecutor, the persons referred to in par. (5), (7) and (8) will hold an interview in front of the appropriate section of the Superior Council of Magistracy. (10) In order to be appointed as judge or prosecutor, the persons referred to in par. ((5), (7) and (8) must also meet the conditions provided by art. 13 13 para. ((2). (11) The President of Romania may refuse once the appointment of the judges and prosecutors referred to in par. ((1). The refusal, motivated is communicated immediately to the Superior Council of Magistracy. (12) If the Superior Council of Magistracy supports the initial proposal, it has the obligation to motivate the option and to communicate it immediately to the President of Romania. (13) After appointment as judge or prosecutor, the persons referred to in par. ((1), (5), (7) and (8) are obliged to follow, for a period of 6 months, a training course within the National Institute of Magistracy that will necessarily include elements of Community law. (14) Persons referred to in par. (5), (7) and (8) will support, upon completion of the course provided in par. (13), an examination for the verification of knowledge. The non-promotion of the exam attracts the dismissal from office, with the obligation to return the allowances received during the period in which the courses (15) Judges of the Constitutional Court who, at the time of appointment, had the position of judge or prosecutor have the right, upon termination of their mandate, to return to the post previously held. " 50. In Article 32, paragraph 1 shall be amended and shall read as follows: "" Art. 32. -(1) Before beginning to exercise his office, judges and prosecutors take the following oath: " I swear to respect the Constitution and the laws of the Country, to defend the fundamental rights and freedoms of the person, to perform my duties with honor, conscience and no bias. So help me God! "The reference to divinity in the formula of the oath changes according to the religious faith of judges and prosecutors and is optional." 51. In Article 32, paragraphs 3 to 5 shall be amended and shall read as follows: " (3) The oath shall be filed at the solemn meeting, before the judges of the court or, as the case may be, the prosecutors of the prosecutor's office to which the judge or prosecutor was appointed, after the reading of the (4) The submission of the oath shall be recorded in a minutes, which shall be signed by the head of the court or, as the case may be, of the prosecutor's office and two of the judges or prosecutors present, as well as the one who took the oath (5) The removal of the oath is not necessary in case of transfer or promotion of the judge or prosecutor to another position. " 52. Article 32 (6) shall be repealed. 53. In Title II, the title of Chapter IV is amended and shall read as follows: "Chapter IV Continuous professional training and periodic evaluation of judges and prosecutors" 54. Article 33 is amended and shall read as follows: "" Art. 33. -(1) The continuing professional training of judges and prosecutors is the guarantee of independence and impartiality in the exercise of office. (2) The continuing professional training must take into account the dynamics of the legislative process and consists mainly in the knowledge and deepening of the internal legislation, of the European and international documents to which Romania is a party, of the jurisprudence the courts and the Constitutional Court, the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Communities, the comparative law, the deontological norms, the multidisciplinary approach of the institutions with character of novelty, as well as in the knowledge and deepening of some languages foreign and computer operation. " 55. Article 34 is amended and shall read as follows: "" Art. 34. -The responsibility for the continuous professional training of judges and prosecutors lies with the National Institute of Magistracy, the heads of courts or prosecutors ' offices in which they operate, as well as each judge and prosecutor, by individual training. " 56. Article 35 is amended and shall read as follows: "" Art. 35. -(1) Judges and prosecutors participate, at least every 3 years, in continuous vocational training programs organized by the National Institute of Magistracy, by higher education institutions in the country or abroad or in other forms of professional improvement. (2) Judges and prosecutors have an obligation to follow in the framework of continuing vocational training programs an intensive course for learning or deepening a foreign language and an intensive course for initiating or deepening knowledge of computer operation organized by the National Institute of Magistracy or by courts or prosecutors ' offices, by higher education institutions in the country or abroad, as well as by other specialized institutions. (3) The Superior Council of Magistracy approves annually, at the proposal of the National Institute of Magistracy, the program of continuous professional training of judges and prosecutors. (4) The continuing professional training of judges and prosecutors shall be carried out taking into account the need for their specialization. " 57. Article 36 is amended and shall read as follows: "" Art. 36. -(1) Within each appellate court and within each parquet of the appellate court, continuous professional training activities shall be organized periodically, consisting of consultations, debates, seminars, sessions or round tables, with participation National Institute of Magistracy. Their theme is approved by the Superior Council of Magistracy. (2) The President of the Court of Appeal or, as the case may be, the Prosecutor General of the Prosecutor's Office of the Court of Appeal shall appoint the judges, respectively the prosecutors responsible for the organization of the professional training activity prosecutors from the court of appeal and the courts of her constituency, respectively from the prosecutor's office of the court of appeal and subordinate prosecutors ' offices. " 58. Article 37 is amended and shall read as follows: "" Art. 37. -(1) In order to verify the fulfilment of the criteria of professional competence and performance the judges and prosecutors shall be subjected every 3 years to an evaluation on efficiency, quality of activity and integrity, training obligation professional continues and completion of specialization courses, and in the case of judges and prosecutors appointed to management positions, and the way of carrying out managerial duties. (2) The first evaluation of judges and prosecutors is made 2 years after the appointment. (3) The assessment provided in par. (1) shall be made by commissions constituted by decision of the Superior Council of Magistracy, separate for judges and prosecutors, consisting of the president of the court or, as the case may be, the head of the prosecutor's office, section or direction of the in addition to the High Court of Cassation and Justice or the National Anti-Corruption Prosecutor's Office, as well as 2 judges or prosecutors appointed by the governing college. (4) Of the commissions for the evaluation of prosecutors from the Directorate for Investigation of Organized Crime and Terrorism and the National Anti-Corruption Prosecutor's Office are also part of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice and, respectively, the Prosecutor General of the National Anti-Corruption Prosecutor's Office who directly answer the performance of these structures (5) The criteria for the evaluation of the professional activity of judges and prosecutors are set out in the annex that is an integral part of this law. (6) The Regulation on the evaluation of the professional activity of judges and prosecutors is approved by decision of the Superior Council of Magistracy. " 59. In Article 38, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 38. -(1) By the evaluation report of the professional activity of the judge or prosecutor prepared by the commissions provided for in art. 37 37 para. (3) or (4), one of the qualifiers may be awarded: very well, well, satisfactory or unsatisfactory. (3) In the resolution of the appeal, the sections of the Superior Council of Magistracy may ask the head of the court or prosecutor's office or the commissions or persons referred to 37 37 para. ((3) or (4) any information it considers necessary, and the citation of the judge or prosecutor to be heard is mandatory. " 60. In Article 39, paragraphs 1, 2 and 4 shall be amended and shall read as follows: "" Art. 39. -(1) Judges and prosecutors who receive the unsatisfactory rating are obliged to follow for a period between 3 and 6 months special courses organized by the National Institute of Magistracy. (2) Judges and prosecutors who receive the satisfactory rating following two consecutive assessments are obliged to follow for a period between 3 and 6 months special courses organized by the National Institute of Magistracy. (4) The judge or prosecutor who receives following two consecutive assessments the unsatisfactory rating or who did not pass the exam provided in par. (3) is issued from office for professional incapacity by the President of Romania, at the proposal of the Superior Council of Magistracy. " 61. In Article 40, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 40. -(1) The evolution of the career of judge or prosecutor shall be recorded in the sheet of the professional file, which shall be drawn up and kept by the Superior Council of Magistracy. ((3) Judges and prosecutors have access to their own professional file and can obtain copies of existing documents in the file. " 62. Article 41 shall be repealed. 63. In Title II, the title of Chapter V is amended and shall read as follows: "Chapter V Promotion of judges and prosecutors and appointment to management positions" 64. In Chapter V of Title II, the title of Section 1 is amended and shall read as follows: "Section 1 Promotion to the courts, courts of appeal and to the prosecutor's offices". 65. Article 42 shall be repealed. 66. Article 43 is amended and shall read as follows: "" Art. 43. -(1) The promotion of judges and prosecutors is made only by competition organized at national level, within the limits of the vacancies existing at the courts and courts of appeal or, as the case may be, at the prosecutor's offices. (2) The contest for the promotion of judges and prosecutors is organized, annually or whenever necessary, by the Superior Council of Magistracy, through the National Institute of Magistracy. (3) The Commission for the Promotion of Judges is made up of judges, from the High Court of Cassation and Justice, judges from the courts of appeal and trainers of the National Institute of Magistracy, appointed by decision of the Superior Council of Magistrates, at the proposal of the National Institute of Magistracy. (4) The commission for the promotion of prosecutors is made up of prosecutors from the Prosecutor's Office of the High Court of Cassation and Justice, prosecutors from the prosecutor's offices of the courts of appeal and trainers of the National Institute of Magistracy, appointed by decision of the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy (5) The date, place, conduct of the contest and the vacancies for which the competition is organized shall be communicated to all judges and prosecutors, through the courts of appeal and prosecutor's offices, and shall be published on the website of the Superior Council of The magistracy, of the National Institute of Magistracy, of the Prosecutor's Office of the High Court of Cassation and Justice and in three central daily newspapers, at least 60 days before the date set for the competition. " 67. In Article 44, paragraph 1 is amended and shall read as follows: "" Art. 44. -(1) I can participate in the promotion contest at the courts or prosecutors immediately superior, the judges and prosecutors who had the rating very well at the last evaluation, have not been disciplined in the last 3 years and meet the following minimum conditions of age: a) 5 years old as judge or prosecutor, for promotion to the positions of judge of court or specialized court and prosecutor at the prosecutor's office of the court or at the prosecutor's office of the specialized court; b) 6 years old as judge or prosecutor, for the promotion to the positions of judge of appeal court and prosecutor at the prosecutor's office c) 8 years old as judge or prosecutor, for promotion as prosecutor at the Prosecutor's Office of the High Court of Cassation and Justice. " 68. In Article 44, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) In calculating the seniority referred to in par. (1) the period in which the judge or prosecutor was a lawyer shall also be taken into account. " 69. Article 45 is amended and shall read as follows: "" Art. 45. -Judges and prosecutors who meet the conditions provided in art. 44 may participate in the competition, in order to promote on the spot, within the number of seats approved annually by the Superior Council of Magistracy. " 70. Article 46 is amended and shall read as follows: "" Art. 46. -(1) The promotion contest consists of written, theoretical and practical evidence. (. The samples shall consist of: a) depending on the specialization, one of the following subjects: civil law, criminal law, commercial law, administrative law, financial and fiscal law, labor law, family law, private international law; b) jurisprudence of the High Court of Cassation and Justice and jurisprudence of the Constitutional Court c) the jurisprudence of the European Court of Human Rights and the case-law of the Court d) civil procedure or criminal procedure, depending on the specialization of the judge or prosecutor. (3) The procedure for conducting the contest, including the manner of contesting the results is provided in the Regulation on the organization and conduct of the contest for the promotion of judges and prosecutors (4) Provisions art. 29 29 para. ((6) shall apply accordingly. '; 71. Article 47 is amended and shall read as follows: "" Art. 47. -Within no more than 30 days after the communication of the results, the Superior Council of Magistracy shall order, by decision, the promotion of judges and prosecutors declared admitted. " 72. In Chapter V of Title II, the title of Section 2 is amended and shall read as follows: "Section 2 Appointment in the management positions of the courts, tribunals, appellate courts and appropriate prosecutor's offices". 73. Article 48 is amended and shall read as follows: "" Art. 48. -(1) The appointment to the positions of president and vice president to judges, tribunals, specialized courts and appeals courts is made only by contest or organized examination, whenever necessary, by the Superior Council of Magistracy, by National Institute of Magistracy. (2) The judges who have the rating very well at the last evaluation, have not been disciplined in the last 3 years and meet the conditions of seniority provided by law. ((3) Judges shall submit their applications accompanied by any other acts considered relevant, within 20 days from the publication of the date of the contest or examination, at the National Institute of Magistracy. (4) The contest or examination consists in the presentation of a project on the exercise of the duties specific to the management function and in written evidence on management, communication, human resources, the candidate's ability to make decisions and to assume liability, stress resistance and a psychological test. (5) The examination board is appointed by the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy and consists of 2 judges from the High Court of Cassation and Justice, 2 judges from the courts of appeal and 3 specialists in management and institutional organization. At the constitution of the commissions will be considered, mainly, the judges who have attended management courses. (6) The date, place, as well as the Rules of organization of the contest or examination drawn up by the National Institute of Magistracy are approved by the Superior Council of Magistracy and shall be displayed on the website of the National Institute of Magistracy, Ministry of Justice, Superior Council of Magistracy and at the premises of the courts, at least 30 days before the date of its conduct. (7) The Superior Council of Magistracy validates the outcome of the contest or the examination and appoints the judges to the management positions within 15 days from the date of display of the final results. Art. 29 29 para. ((6) shall apply accordingly. (8) The appointment of the judges who obtained the best result at the competition, or, as the case may be, were declared admitted to the exam in the positions for which they ran for a period of 3 years, with the possibility of reinvesting, only once, in the conditions provided in par. ((1). (9) The appointment of judges in the other management positions is made for a period of 3 years, with the possibility of reinvesting only once, by the Superior Council of Magistracy, at the proposal of the president of the court. (10) The judges who were part of the information services before 1990 may not be appointed or have collaborated with them or the judges who have a personal interest, influence or influence the performance with the objectivity and impartiality of the duties provided by law. (11) Judges participating in the competition or examination, as well as those proposed for a management position are required to give a self-declaration showing that they were not part of the information services before 1990 and nor have they collaborated with them, as well as a declaration of interests that is updated annually or within 15 days of the occurrence of a change or from the date on which the judge became aware of it. (12) Before appointment to the leadership positions, the National Council for the Study of Security Archives checks and communicates, within 15 days of the request of the Superior Council of Magistracy, whether the judge was part of intelligence services prior to 1990 or collaborated with them. (13) The record of vacant posts of management from the courts is public and permanently available on the websites of the Superior Council of Magistracy, the National Institute of Magistracy and the Ministry of Justice, such as and by display at the courts of the courts. ((14) The appointment in management positions according to this Article shall be made no later than 6 months after the date on which they become vacant. " 74. After Article 48, a new article is inserted, Article 48 ^ 1, with the following contents: "" Art. 48 48 ^ 1. -(1) The appointment to the office of attorney general of the prosecutor's office of the appellate court, first prosecutor of the prosecutor's office of the court, first prosecutor of the prosecutor's office of the juvenile and family court or first prosecutor of the prosecutor's office in addition to the court and their deputies, it is done only through competition or organized exam, whenever necessary, by the Superior Council of Magistracy, through the National Institute of Magistracy. (2) I can participate in the competition or exam prosecutors who have the rating very well at the last evaluation, have not been disciplined in the last 3 years and meet the conditions of seniority provided by law. ((3) Prosecutors shall submit their applications accompanied by any other acts considered relevant, within 20 days from the publication of the date of the contest or examination, at the National Institute of Magistracy. (4) Provisions art. 48 48 para. ((4) shall apply accordingly. (5) The examination commission is appointed by the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy and consists of 2 prosecutors from the Prosecutor's Office of the High Court of Cassation and Justice, 2 prosecutors from the prosecutor's offices from the courts of appeal and 3 specialists in management and institutional organization. At the constitution of the commissions will be considered, mainly, prosecutors who have attended management courses. (6) Date, place, as well as the Rules of organization of the contest or examination elaborated by the National Institute of Magistracy shall be approved by the Superior Council of Magistracy and shall be displayed on the website of the Prosecutor's Office of the High Court of Cassation and Justice, of the National Institute of Magistracy, of the Superior Council of Magistracy, of the Ministry of Justice and at the offices of the prosecutor's offices, at least 30 days before the date of its conduct. (7) The Superior Council of Magistracy validates the result of the contest or examination and appoints the prosecutors in the management positions within 15 days from the date of the display of the final results. Art. 29 29 para. ((6) shall apply accordingly. (8) The appointment of prosecutors who obtained the best result at the competition, or, as the case may be, were declared admitted to the exam in the positions for which they ran, is done for a period of 3 years, with the possibility of reinvesting, only once, in the conditions provided in par. ((1). (9) The appointment in the other management positions at the prosecutor's offices is made for a period of 3 years, with the possibility of reinvesting only once, by the Superior Council of Magistracy, at the proposal of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. (10) For appointment to the management positions referred to in par. (9) the recommendation of the prosecutor of the prosecutor's office where the prosecutor is to be appointed (11) Provisions art. 48 48 para. ((10)-(12) and (14) shall also apply accordingly to the appointment of prosecutors in the management positions. (12) The record of the vacant driving positions from the prosecutor's offices is public and permanently available on the internet pages of the Prosecutor's Office of the High Court of Cassation and Justice, the Superior Council of Magistracy, the National Institute of Magistracy and Ministry of Justice, as well as by display at the offices of the prosecutor's offices 75. Article 49 is amended and shall read as follows: "" Art. 49. -(1) For appointment to management positions, the following minimum conditions of seniority are required: a) for the position of president and vice president of judge, first prosecutor of the prosecutor's office of the court and deputy of him, a 5-year-old as judge or prosecutor; b) for the position of president and vice president of tribunal or specialized court, as well as section president at the courthouse, first prosecutor of the prosecutor's office of the court or of the prosecutor's office of the juvenile and family court, deputy of him and chief prosecutor section of the prosecutor's office of the court or of the prosecutor's office of the juvenile and family court, a 6-year-old in the position of judge or prosecutor; c) for the position of president, vice-president, section president at the court of appeal, prosecutor general of the prosecutor's office of the appellate court and his deputy, chief prosecutor of the prosecutor's office of the court of appeal, an 8-year-old as judge or prosecutor. (2) In calculating the seniority referred to in par. (1) the period during which the judge or prosecutor was a lawyer shall also be taken into account. (3) For appointment to management positions, the judge and the prosecutor must have the right to operate at the court or, as the case may be, the prosecutor's office to which he is to be appointed as management. " 76. Article 50 is amended and shall read as follows: "" Art. 50. -(1) Upon termination of office of management the judges or prosecutors may occupy, under the conditions provided by art. 48 48, art. 48 48 ^ 1 and art. 49, 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 from or to a court or parquet where they have the right to operate according to the law. (2) The dismissal from the position of management of judges shall be ordered by the Superior Council of Magistracy, ex officio or at the proposal of the general assembly or of the president of the court, for the a) if they no longer meet one of the conditions required for appointment to the position of management; b) in case of improper exercise of managerial duties on effective organization, behavior and communication, assumption of responsibilities and managerial skills; c) in case of application of one of the disciplinary sanctions (3) In order to verify the effective organization of the activity, the following criteria will be considered mainly: adequate use of human and material resources, assessment of needs, crisis management, resource ratio investment-results obtained, information management, organization of professional training and improvement and assignment of tasks in the courts or prosecutors ' offices. (4) When verifying the conduct and communication, the conduct and communication with the judges, prosecutors, auxiliary staff, litigants, persons involved in the act of justice, other institutions, the media, ensuring access to public interest information within the court or prosecutor's office and transparency of the driving act. (5) Upon verification of the assumption of responsibility will be considered, mainly, the performance of the duties provided by law and regulations, the implementation of national and sequential strategies in the field of justice and the respect of random distribution or, where appropriate, the objective distribution of causes. (6) In the verification of managerial skills will be considered, mainly, organizational capacity, rapid decision-making capacity, stress resistance, self-improvement, analysis capacity, synthesis, foresight, strategy and planning. short, medium and long term, the initiative and the ability to adapt quickly. (7) The return from the position of management of the prosecutors shall be ordered by the Superior Council of Magistracy, ex officio or at the proposal of the general assembly or the head of the prosecutor's office, for the reasons provided in ((2) which shall apply accordingly. '; 77. In Chapter V of Title II, the title of Section 3 is amended and shall read as follows: "Section 3 Promotion as Judge at the High Court of Cassation and Justice and appointment to the leadership positions of the High Court of Justice." Cassation and Justice, Prosecutor's Office of the High Court of Cassation and Justice and National Anti-Corruption Prosecutor's Office " 78. Article 51 is amended and shall read as follows: "" Art. 51. -(1) The promotion as a judge at the High Court of Cassation and Justice is made by the Superior Council of Magistracy, of the persons who have served as a judge for the last 2 years at the courts or courts of appeal, have obtained the rating very well at the last evaluation, they were not disciplined, they distinguished themselves in their professional activity and have a seniority as a judge or prosecutor for at least 12 years. (2) Provisions art. 48 48 para. ((10)-(12) shall apply accordingly. (3) The record of vacancies of judge at the High Court of Cassation and Justice is public and permanently available on the website of the Superior Council of Magistracy and that of the High Court of Cassation and Justice. (4) Judges who meet the conditions provided in par. (1) may submit their applications for the position of Judge at the High Court of Cassation and Justice, accompanied by any documents deemed relevant, within 30 days of the publication of the vacancy, at the senior management college of the High Court. of Cassation and Justice, which analyzes and submits them to the Superior Council of Magistracy, accompanied by an advisory report on the promotion, within 10 days of receipt. " 79. Article 52 is amended and shall read as follows: "" Art. 52. -(1) The President, the Vice-President and the Presidents of Departments of the High Court of Cassation and Justice shall be appointed by the President of Romania, at the proposal of the Superior Council of Magistracy, among the judges of the High Court of Cassation that have worked at this court for at least 2 years. (2) The President of Romania cannot refuse the appointment to the leadership positions provided in par. (1) than motivated, bringing to the attention of the Superior Council of Magistracy the reasons for refusal (3) The appointment in the functions referred to in par. (1) is made for a period of 3 years, with the possibility of reinvestment, only once. (4) Provisions art. 48 48 para. ((10)-(12) shall apply accordingly. (5) Judges of the High Court of Cassation and Justice who meet the conditions provided in par. (1) may submit their applications for the office of president or deputy chairman of the High Court of Cassation and Justice or section president, at the Superior Council of Magistracy, within 30 days from the date on which the office of president, Vice president or precinct president has become vacant. (6) The return from office of the President, of the Vice-President or of the Presidents of Departments of the High Court of Cassation and Justice shall be made by the President of Romania on the proposal of the Superior Council of Magistracy, which may refer to the office, at the request of a third of the members or at the request of the general meeting of the court, for the reasons provided 50 50 para. ((2) which shall apply accordingly. '; 80. Article 53 is amended and shall read as follows: "" Art. 53. -(1) The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, the First Deputy and his Deputy, the Prosecutor General of the National Anti-Corruption Prosecutor's Office, his deputies, the heads of section of these prosecutor's offices, as well as the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism and their deputies, are appointed by the President of Romania, at the proposal of the Minister of Justice, with the opinion of the Superior Council of The magistracy, among prosecutors who have a minimum age of 10 years as a judge or Prosecutor, for a period of 3 years, with the possibility of reinvestment, only once. (2) Provisions art. 48 48 para. ((10)-(12) shall apply accordingly. (3) The President of Romania may refuse to motivate the appointment to the management positions referred to in (1), bringing to the public knowledge the reasons for refusal. (4) Revocation of prosecutors from the management positions provided in par. (1) shall be made by the President of Romania, at the proposal of the Minister of Justice who may be referred ex officio, at the request of the general assembly or, as the case may be of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation Prosecutor General of the National Anticorruption Prosecutor's Office, with the opinion of the Superior Council of Magistracy, for the reasons provided 50 50 para. ((2) which shall apply accordingly. '; 81. After Article 53, a new article is inserted, Article 53 ^ 1, with the following contents: "" Art. 53 53 ^ 1. -(1) The appointment to the other management positions within the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Prosecutor's Office shall be made for a period of 3 years, with the possibility of reinvesting only once, by the Council Superior of Magistracy, at the proposal of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or of the Prosecutor General of the National Anti-Corruption Prosecutor's Office, as (2) For appointment to the management positions referred to in par. (1) it is necessary to recommend the head of the section or, as the case may be, the direction of the Prosecutor's Office of the High Court of Cassation and Justice or the National Anti-Corruption Prosecutor's Office, where the prosecutor (3) Provisions art. 48 48 para. ((10)-(12) shall apply accordingly. (4) Revocation from the management positions of prosecutors appointed according to par. (1) shall be ordered by the Superior Council of Magistracy, ex officio or at the proposal of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or, as the case may be, of the Prosecutor General of the National Anti-Corruption Prosecutor the grounds referred to in Article 50 50 para. ((2) which shall apply accordingly. (5) The proposal provided in par. (4) may be made ex officio or at the referral of general meetings or heads of sections or, as the case may be, of the directorate of the Prosecutor's Office of the High Court of Cassation and Justice or National Anti-Corruption Prosecutor's Office. " 82. Article 54 is amended and shall read as follows: "" Art. 54. -Upon termination of the mandate for the management positions provided in art. 52, 53 and 53 ^ 1, judges or prosecutors return to the courts or prosecutors where they come from or to a court or parquet where they have the right to operate according to the law. " 83. In Title II, Chapter VI is amended and shall read as follows: " Chapter VI Delegation, posting and transfer Article 55. -(1) If a court or tribunal or a specialized tribunal cannot function normally due to the temporary absence of judges, the existence of vacancies or other such cases, the president of the appellate court, on the proposal the president of that court in the constituency of that court of appeal, may delegate, judges from other courts of the said constituency, with their written consent. (2) The delegation of judges from judges, tribunals and tribunals specialized in the constituency of another court of appeal shall be ordered, with their written consent, by the Superior Council of Magistracy, at the request of the President of the Court of Appeal in the constituency to which the delegation is required and the opinion of the President of the Court of Appeal where they (3) The delegation of the judges of the courts of appeal shall be ordered, with their written consent, by the Superior Council of Magistracy, at the request of the President of the Court (4) The delegation to the positions of management of the judges of the courts of appeal, tribunals, specialized courts and judges shall be ordered, with their written consent, by the Superior Council of Magistracy, until the appointment by appointment in conditions of this law (5) The delegation to the leadership positions of the High Court of Cassation and Justice of the judges of this court, shall be ordered by the Superior Council of Magistracy, with their written consent, on the proposal of the President of the High Court of Cassation and Justice. (6) The delegation of judges may be made for a period of no more than 90 days in a year and may be extended, with their written consent, no more than 90 days. (7) In the interest of the service, prosecutors may be delegated, with their written consent, including in management positions, by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, at the prosecutor's offices of the Ministry Public over a period of no more than 90 days in a year. (8) The delegation of prosecutors may be extended, with their written consent, no more than 90 days. (9) During the delegation of the judges and prosecutors shall enjoy all the rights provided by law for the position in which they are delegated. When the salary and other money rights provided for the position in which the judge is delegated or the prosecutor are inferior, he shall keep his monthly employment allowance and other money rights. Article 56. -(1) The Superior Council of Magistracy has the posting of judges and prosecutors, with their written consent, to other courts or prosecutors, to the Superior Council of Magistracy, the National Institute of Magistracy, the Ministry of Justice or to the units subordinated to it or to other public authorities, in any functions, including those of public dignity appointed, at the request of these institutions. (2) The duration of the posting is between 6 months and 3 years. The posting is extended only once, for a duration of up to 3 years, under the conditions provided in par. ((1). (3) During the period of posting, judges and prosecutors retain the status of judge or prosecutor and benefit from the rights provided by law for seconded personnel. When the salary and other money rights provided for the position in which the judge or prosecutor is posted are inferior, he shall keep his monthly employment allowance and other money rights. (4) The period of posting constitutes seniority as judge or prosecutor. (5) After the end of the posting, the judge or the prosecutor returns to the previous position Article 57. -The posting cannot be done at courts or higher level prosecutor's offices to those to whom the judge or prosecutor has the right to operate according to the law. Article 58. -The transfer of judges and prosecutors from a court to another court or from a prosecutor's office to another prosecutor's office or to a public institution is approved, at the request of those concerned, by the Superior Council of Magistracy. Article 59. -(1) At the reasoned request, the judges may be appointed as prosecutor, and the prosecutors as judge, by decree of the President of Romania, at the proposal of the Superior Council of Magistracy, in compliance with the conditions provided for in present law. (2) For appointment to the positions referred to in par. (1), the candidates will hold an interview before the section for judges of the Superior Council of Magistracy in the case of prosecutors who request the appointment as judges and the prosecutors ' section of the Superior Council of Magistracy in the case of judges seeking appointment as prosecutor. (3) The President of Romania cannot refuse the appointment to the positions provided in par. ((1) than motivated, bringing to the attention of the Superior Council of Magistracy the reasons for refusal. " 84. In Title II, the title of Chapter VII is amended and shall read as follows: "Chapter VII Suspension of office and termination of the position of judge and prosecutor" 85. Article 60 is amended and shall read as follows: "" Art. 60. -(1) The judge or prosecutor shall be suspended from office in the following cases: a) when the criminal action against him was set in motion by order or indictment; b) when suffering from a mental illness, which imoiedica him to exercise his function properly. (2) The suspension from office of judges and prosecutors shall be ordered by the Superior Council of Magistracy. (3) During the period of suspension from office, the judge and prosecutor shall not be paid the salary rights. This period is not seniority in the magistracy. (4) During the period of suspension from office, the judge or prosecutor shall not apply the provisions regarding the prohibitions and incompatibilities provided in art. 6 6 and 7. " 86. Article 61 is amended and shall read as follows: "" Art. 61. -(1) In the case provided for in art. 60 60 para. ((1) lit. a), the Superior Council of Magistracy immediately communicates to the judge or prosecutor and to the management of the court or prosecutor's office where it operates the decision ordering the suspension from office. (2) If the removal from prosecution is ordered, the termination of the prosecution, the payment or termination of the criminal proceedings to the judge or prosecutor, the suspension from office ceases, and it is reinstated in the previous situation, the money rights it was deprived of during the period of suspension from office and is recognised seniority in the magistracy for this period. " 87. Article 62 is amended and shall read as follows: "" Art. 62. -(1) In the case provided for in art. 60 60 para. ((1) lit. b), mental illness is found by a specialized expertise, upon referral to the president of the court or the head of the prosecutor's office or of the leading colleges, and the suspension from office is ordered during the period recommended by the medical commission specialty, called under art. 13 13 para. ((2) lit. e). (2) After the expiry of the period referred to in (1), the Superior Council of Magistracy, on the basis of a new expertise may decide to terminate the suspension and reinstate the judge or prosecutor, extend it or, if the disease is irreversible, propose the release from office according to law (3) During the period of suspension, the judge or prosecutor shall be paid the health insurance rights, according to the law. " 88. Article 63 is amended and shall read as follows: "" Art. 63. -(1) Judges and prosecutors are relieved of their duties in the following cases: a) resignation; b) retirement, according to law; c) transfer to another position, under the law; d) professional incapacity; e) as disciplinary sanction; f) final conviction of the judge or prosecutor for a crime; g) violation of art. 6 6 ^ 2; h) non-promotion of the examination provided in 31 31 para. ((14); i) failure to meet the conditions laid down in 13 13 para. ((2) letter a), c) and e). (2) The dismissal of judges and prosecutors shall be ordered by decree of the President of Romania, at the proposal of the Superior Council of Magistracy. (3) The reserve or withdrawal of judges and military prosecutors shall be made under the law, after the dismissal from office by the President of Romania. In case of retirement or transfer, the release from office shall be made after passing into reserve or, as the case may be, in withdrawal. (4) The dismissal of trainee judges and trainee prosecutors shall be made by the Superior Council of Magistracy. (5) If the judge or the prosecutor requests the dismissal by resignation, the Superior Council of Magistracy may set a deadline of no more than 30 days from which the resignation becomes effective, if the presence of the judge or the prosecutor is required ((6) The judge or prosecutor released from office for reasons not attributable shall retain his professional degree acquired in the hierarchy of courts or prosecutors. " 89. Article 64 shall be repealed. 90. In Article 65, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 65. -(1) The first-magistrate-assistant, chief-assistants and assistant magistrates of the High Court of Cassation and Justice enjoy stability. (3) The general conditions for the appointment of the assistant magistrates are those provided for the position of judge and prosecutor. " 91. In Article 65, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) The provisions of this law concerning incompatibilities and prohibitions, continuous professional training and periodic evaluation, rights and duties, and disciplinary liability of judges and prosecutors shall apply in a manner correspondingly and the assistant magistrates. " 92. In Article 66, paragraph 4 is amended and shall read as follows: "(4) The third-degree assistants may be appointed, by competition, and between lawyers, notaries, as well as clerks with legal higher education from the courts of appeal and the High Court of Cassation and Justice, at least 5 years old." 93. Title III is amended and shall read as follows: " Title III The rights and duties of judges and prosecutors Article 72. -The establishment of the rights of judges and prosecutors is made taking into account the place and role of justice in the rule of law, the responsibility and complexity of the position of judge and prosecutor, the prohibitions and incompatibilities provided by law for these functions and aims to guarantee their independence and impartiality. Article 73. -(1) For the work carried out, the judges and prosecutors are entitled to a remuneration established in relation to the level of the court or the prosecutor's office, with the position held, with the seniority in the magistracy and with other criteria provided by law. (2) The salary rights of judges and prosecutors may not be reduced or suspended except in the cases provided by this law. The salarization of judges and prosecutors is established by special law. (3) The salary of judges of the High Court of Cassation and Justice shall be established by the law on allowances for persons occupying positions of public dignity. (4) Military judges and prosecutors are active military and have all rights and obligations arising from this quality. (5) The salary and other rights due to the judges and military prosecutors shall be ensured by the Ministry of National Defence, in accordance with the provisions of the legislation on salaries and other personnel rights in the bodies of the authority courts and regulations regarding the material and money rights specific to the quality of active military and civil employee of this ministry, respectively. (6) The granting of military degrees and the advance in the rank of military judges and prosecutors shall be made according to the rules applicable to permanent staff of the Ministry of National Defence Article 74. -(1) The Superior Council of Magistracy has the right and obligation to defend judges and prosecutors against any act that could affect their independence or impartiality or create suspicions about them. (2) Judges or prosecutors who consider that independence and impartiality are affected in any way by acts of interference in professional activity can be addressed to the Superior Council of Magistracy, in order to order the necessary measures, according to law Article 75. -Judges and prosecutors are free to organize or join local, national or international professional organizations in order to defend their professional interests, as well as those provided by art. 10 10 para. ((3). Article 76. -(1) Judges and prosecutors in office or pensioners have the right to be provided with special measures to protect against threats, violence or any acts that endanger them, their families or property. (2) The special protection measures, the conditions and the manner of their realization shall be established by Government decision, at the proposal of the Ministry of Justice and the Ministry of Administration and Interior. Article 77. -(1) Judges and prosecutors benefit from insurance for professional risk, made from the budget funds of the High Court of Cassation and Justice, the Ministry of Justice, the Public Ministry or, in the case of judges and prosecutors military, from the funds of the Ministry of National Defence, for life, health and goods, if they are affected in the exercise of their duties or in relation to them, within the income limit for the years worked in these positions, but not in May years of activity. (2) Upon release from office, the insurance provided in par. ((1) cease. (3) The insurance provided in par. (1) is carried out under the conditions established by Government decision, with the opinion of the Superior Council of Magistracy. (4) Judges and prosecutors can ensure for professional risk above the limit provided in par. ((1). (5) By Government decision, the Insurance House of judges and prosecutors can be established. Article 78. -(1) Judges and prosecutors receive an annual paid holiday of 35 working days. (2) Judges and prosecutors are entitled to leave of specialized studies paid for participation in courses or other forms of specialization organized in the country or abroad, for the preparation and support of the capacity examination and doctorate, as well as leave without pay, according to the Rules on the Leave of Judges and Prosecutors. (3) Judges and prosecutors are entitled to sick leave and other leave, in accordance with the legislation in force. (4) During the period of parental leave aged up to 2 years, judges or prosecutors are entitled to an allowance in the amount of 75% of the average net income made in the last 6 months prior to the date from which this is granted leave. (5) Judges and prosecutors in activity or pensioners, as well as their spouse and children in their maintenance shall receive free medical assistance, medicines and prosthetics, under the conditions of compliance with the legal provisions on the payment of social security contribution. (6) Judges and prosecutors are entitled to the rental of service homes. The service dwellings in the property or administration of the Ministry of Justice and subordinate units, as well as those owned or in the administration of the Public Ministry cannot be bought by judges, prosecutors or any other employees of these institutions. (7) In the case of retirement for the age limit, the holder of the lease provided in par. (6) and as the case may be, the husband, or his wife, shall retain his dwelling rights throughout his life. Article 79. -Judges and prosecutors benefit annually from 6 trips to the round country, free of charge, to transport by rail class I, auto, naval and air or to settle 7.5 liters fuel per cent for 6 trips to the round country, if the movement is carried out by car. Article 80. -(1) Judges and prosecutors with continuous seniority in the 20-year magistracy shall, at the time of retirement or release from office for other reasons not attributable to an allowance equal to 7 gross monthly framing allowances, which shall be tax according to the law. (2) The allowance provided in par. (1) shall be granted only once during the career of judge or prosecutor and shall be registered, according to the law. (3) The way of calculating the continuous seniority in the magistracy is determined by decision of the Superior Council of Magistracy. (4) The provisions of par. (1) shall also apply to the death of the judge or prosecutor in activity. In this case, the allowance benefits the spouse and children who are dependent on him at the time of death. Article 81. -(1) Judges and prosecutors of at least 25 years old in the magistracy benefit, at the age provided by law, of service pension, in the amount of 80% of the average gross incomes made in the last 12 months of activity before the retirement date. (2) Judges and prosecutors are retired on request, before the age stipulated by the law and benefit from the pension provided in par. ((1), if they are at least 25 years old only in these positions. When calculating this age, the periods in which the judge or prosecutor exercised the profession of lawyer shall also be taken into account, without their share being able to be more than 10 years. (3) For each year that exceeds the age of 25 years as a judge or prosecutor, the amount of the pension is added 1% each, without being able to exceed the gross income had at the time of retirement. (4) The service pension also benefits judges and prosecutors with a seniority in the magistracy between 20 and 25 years, in this case the amount of the pension provided in par. (1) being reduced by 1% for each year that is missing from full length. (5) Persons who meet the conditions of seniority provided in par. (1) and (3) only as a judge or prosecutor benefit from a service pension, even if at the time of retirement they have another occupation. In this case, the pension is established on the basis of the salary rights that a judge or prosecutor has in office under identical conditions of seniority and level of the court or prosecutor's office. (6) The provisions of par. (5) only persons who have been released from the position of judge or prosecutor for non-imputable reasons may benefit. (7) Military judges and prosecutors can opt between their service pension or military service pension. (8) Judges and prosecutors who benefit from a service pension, according to par. ((1), (2) and (4) may cumulate the service pension with the income made from a professional activity, regardless of the level of the respective income. Article 82. -Judges and prosecutors from all courts, as well as assistant magistrates from the High Court of Cassation and Justice and the legal specialist staff provided for in art. 86 86 para. (1) may not be held in office after the attainment of the retirement age provided by law. Art. 83. -The surviving spouse and children of judges and prosecutors who are entitled to a service pension according to art. 81 benefit from survivor's pension if they meet the conditions laid down for it by Law no. 19/2000 on the public pension system and other social security rights, with subsequent amendments and completions. Article 84. -(1) The part of the service pension exceeding the pension level in the public social insurance system shall be borne from the state budget. (2) The service pensions of judges and prosecutors, as well as the survivors ' pensions provided for in art. 83 is updated annually in relation to the average gross revenues made in the last 12 months of judges and prosecutors in activity. ((3) Provisions of para. (2) shall also apply to retired judges or prosecutors, as well as to persons who benefit from the survivor's pension provided for in art. 83. Article 85. -It constitutes seniority in the magistracy period in which the judge, the prosecutor, the legal specialist staff provided in art. 86 86 para. (1) or the assistant magistrate has fulfilled the functions of judge, prosecutor, legal specialist staff in former state arbitrations, magistrate-assistant, auditor of justice, financial judge, financial judge inspector, financial prosecutor and counselor in the jurisdictional section of the Court of Accounts, Registrar with legal higher education or legal specialized personnel provided in art. 86 86 para. (1), as well as the period in which he was a lawyer, notary, judicial assistant, jurisconsult, legal adviser or performed legal specialized positions in the apparatus of the Parliament, Presidential Administration, Government, Constitutional Court, Ombudsman, Court of Auditors or Legislative Council. Article 86. -(1) During the performance of the position, the legal specialist staff of the Ministry of Justice, the Public Ministry, the Superior Council of Magistracy, the National Institute of Criminology and the National Institute of Magistracy are assimilated to judges and prosecutors regarding rights and duties, including the support of the admission exam, the evaluation of professional activity, the support of the capacity examination and the promotion, the provisions of this law applying properly, with the exception of the right provided by art. 81 81 para. ((2). (2) The establishment of acts that constitute disciplinary violations, as well as the procedure for the research and application of disciplinary sanctions shall be made by order of the heads of the authorities provided in ((1). Article 87. -(1) For outstanding merits in the activity, judges and prosecutors may be distinguished with the Judicial Merit Diploma. (2) The Judicial Merit Diploma is granted by the President of Romania, at the proposal of the Superior Council of Magistracy, for judges and on the proposal of the Minister of Justice, Article 88. -The model of the diploma and the way of making it are established, with the assent of the Superior Council of Magistracy, by the Minister of Justice. Article 89. -(1) Judges and prosecutors are obliged to refrain from any acts or acts likely to compromise their dignity in the profession and in society. (2) The relationships of judges and prosecutors at work and in society are based on respect and good faith. Article 90. -(1) Judges and prosecutors are obliged to resolve the works within the set deadlines and to resolve the cases within a reasonable time, depending on their complexity and to observe professional secrecy. (2) The judge is obliged to keep the secret of the deliberations and votes in which he participated, including after the termination of the office. Article 91. -(1) Judges and prosecutors are obliged to have, during court hearings, the clothing outfit corresponding to the court to which they operate. (2) The clothing outfit shall be established by Government decision, with the opinion of the Superior Council of Magistracy and shall be provided free of charge. Article 92. -Judges and prosecutors are obliged to present, under the terms and conditions provided by law, the declaration of wealth and the declaration of interests. " 94. Title IV is amended and shall read as follows: "Title IV Liability of judges and prosecutors" 95. Article 93 is amended and shall read as follows: "" Art. 93. -Judges and prosecutors respond civilly, disciplinarily and criminally, under the law. " 96. After Article 93, a new article is inserted, Article 93 ^ 1, with the following contents: "" Art. 93 93 ^ 1. -(1) Judges, prosecutors and assistant magistrates may be searched, detained or remanded in custody only with the consent of the sections of the Superior Council of Magistracy. (2) In case of flagrant crime, judges, prosecutors and magistrates-assistants may be detained and subject to the search according to the law, the Superior Council of Magistracy being informed immediately by the body that ordered the detention or the search. " 97. In Article 94, paragraphs 2, 4, 5 and 7 shall be amended and shall read as follows: " (2) The state's liability is established under the law and does not remove the liability of judges and prosecutors who have exercised their function in bad faith or gross negligence. (4) The right of the injured person to repair the material damage caused by judicial errors committed in trials other than criminal proceedings will be exercised only if it has been established, in advance, by a final decision, criminal or disciplinary liability, as the case may be, of the judge or prosecutor for an act committed during the trial of the trial and whether this act is likely to cause a miscarriage of justice. (5) It is not entitled to repair the damage the person who, in the course of the trial, contributed in any way to the commission of judicial error by the judge or prosecutor. (7) After the damage was covered by the state pursuant to the irrevocable decision given in compliance with the provisions of par. ((6), the State may proceed with an action in damages against the judge or prosecutor who, in bad faith or gross negligence, has committed the judicial error causing damage. " 98. In Article 95, paragraph 1 shall be amended and shall read as follows: "" Art. 95. -(1) Any person may refer the matter to the Superior Council of Magistracy, directly or through the heads of courts or prosecutors, in connection with the improper activity or conduct of judges or prosecutors, violation of obligations professional in relations with litigants or their commission of disciplinary violations. " 99. In Title IV, the title of Chapter II is amended and shall read as follows: "Chapter II Disciplinary responsibility of judges and prosecutors" 100. Article 96 is amended and shall read as follows: "" Art. 96. -(1) Judges and prosecutors respond disciplinarily to deviations from duty of service, as well as to acts affecting the prestige of justice. (2) The disciplinary liability of military judges and prosecutors may be committed only under the provisions of this law. " 101. In Article 97, points a), c), f), g), j), k), l) and m) are amended and shall read as follows: " a) violation of legal provisions relating to declarations of assets, declarations of interests, incompatibilities and prohibitions on judges and prosecutors; c) interventions to resolve some requests, claim or accept the resolution of personal interests or family members or other persons, other than within the legal framework regulated for all citizens, as well as interference the work of another judge or prosecutor; f) non-compliance repeatedly and for reasons attributable to the legal provisions regarding the expeditious settlement of cases; g) unjustified refusal to receive on file the requests, conclusions, memoirs or acts filed by the parties in the process; i) unjustified refusal to perform a duty of service; j) exercise of office in bad faith or gross negligence if the act does not constitute a crime; k) late performance of the works, for imputable reasons; l) unmotivated absences from the service, repeatedly; m) undignified attitude during the performance of duties towards colleagues, lawyers, experts, witnesses or litigants; " 102. Points b) and h) of Article 97 shall be repealed. 103. In Article 97, points n), o) and p) are inserted after point m), with the following contents: " n) failure to fulfil the obligation to transfer the basic rule to the court or the prosecutor's office to which it operates; o) non-compliance with provisions on random distribution of cases; p) direct participation or through persons interposed at games of type piramidal, gambling or investment systems for which the transparency of funds is not ensured under the law. " 104. Article 98 is amended and shall read as follows: "" Art. 98. -Disciplinary sanctions that may apply to judges and prosecutors, in proportion to the gravity of the deviations, are: a) the warning; b) the reduction of the gross monthly framing allowance by up to 15% for a period of one month to 3 months; c) the disciplinary move for a period of one month to 3 months at a court or at a parquet, located in the constituency of the same court of appeal or in the constituency of the same prosecutor's office d) exclusion from the magistracy. " 105. Article 100 is repealed. 106. Article 102 is amended and shall read as follows: "" Art. 102. -Judges and prosecutors who have, on the date of entry into force of this law, the basic norm at legal higher education institutions, have the obligation that, starting with the next academic year, they transfer their basic norm to the court or prosecutor's office to which it works or to give up the quality of judge or prosecutor. " 107. In Article 103, paragraph 1 is amended and shall read as follows: "" Art. 103. -(1) Judges and prosecutors in office, as well as the legal specialist staff provided for in art. 86 86 para. ((1) who have benefited from seniority in the right magistracy Law no. 92/1992 for the judicial organization, republished, with subsequent amendments and completions, retains this seniority. " 108. Article 104 is repealed. 109. Article 105 is amended and shall read as follows: "" Art. 105. -(1) Military judges and prosecutors who continue their work at military courts and prosecutors, redistributed on lower positions, retain the salary rights they benefit from on the date of redistribution. The other provisions of this law also apply accordingly to judges and military prosecutors. (2) The transfer of judges and military prosecutors, on request or as a result of the reduction of posts, shall be made at courts and civil prosecutors of equal degree, according to the option expressed, within the limits of available posts. " 110. Article 106 is amended and shall read as follows: "" Art. 106. -The Superior Council of Magistracy approves, by decision that is published in the Official Gazette of Romania, Part I: a) The regulation on the admission contest and the graduation examination of the National Institute of Magistracy, which provides for the organization, theme, bibliography, exam tests, the procedure for the admission competition and the the graduation exam, as well as the minimum admission and graduation average of the National Institute of Magistracy; b) National Institute of Magistracy Regulation; c) Regulation on the capacity examination of trainee judges and trainee prosecutors, which provides for the organization, thematic, bibliography, exam tests, the procedure and the minimum average for the promotion of the exam capacity of trainee judges and trainee prosecutors; d) Regulation on organization and conduct of the admission contest in the magistracy; e) Regulation on the conduct of continuous professional training of judges and prosecutors and attestation of the results obtained; f) Regulation on the organization and conduct of the contest to promote judges and prosecutors; g) Rules of organization of the contest or examination for the appointment of judges and prosecutors; h) Regulation on the evaluation of professional activity of judges and prosecutors; i) Regulation on the leave of judges and prosecutors. " + Article II (1) The Regulation on the organization and conduct of the contest for the promotion of judges and prosecutors shall be approved by the Superior Council, of the Magistracy within 30 days from the entry into force of this Law and shall enter into force on the its publication in the Official Gazette of Romania, Part I. (2) The other regulations provided for in art. 106 shall be updated and approved within 30 days of the entry into force of this Law. (3) Within 3 months from the entry into force of this Law, the Government Decision provided for in art. 77 77 para. ((3) of Law no. 303/2004 . + Article III At the end of the term art. II para. (2), the Annex to Law no. 303/2004 on the status of magistrates, as amended, is repealed. + Article IV (1) The commissions for the first competition or examination on the management positions at the courts and prosecutors ' offices will be appointed by the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy, within 10 days from the entry into force of the present law. (2) The regulation of organization of the contest or examination for the appointment of judges and prosecutors will be elaborated by the National Institute of Magistracy, approved by the Superior Council of Magistracy and displayed on the pages of the internet of the National Institute of Magistracy, the Superior Council of Magistracy, the Prosecutor's Office of the High Court of Cassation and Justice and the Ministry of Justice, as well as the premises of the courts and prosecutor's offices, within days after the appointment of the committees. (3) Within 30 days from the publication of the Regulation provided in par. (3) contest or examination shall be held for appointment in the management positions from the courts of appeal, courts and prosecutor's offices beside them, and within 60 days from the same date a competition or examination is organized for the occupation of the functions driving from the judges and the prosecutor's offices beside them. Art. 48 48 para. ((7) and art. 48 ^ 1 para. ((7) shall apply accordingly. (4) The appointment in the management positions of the courts of appeal, tribunals, specialized courts and judges, as well as from the prosecutor's offices beside them, for which the procedure provided for in art. 48 48 para. ((9) and art. 48 ^ 1 para. (9) shall be made within 30 days from the appointment to the management positions of the judges and prosecutors who have obtained the best result in the contests or exams provided in par. ((4). (5) The non-compliance with the deadlines and the procedure for the organization of the contests or exams provided for in this article constitutes disciplinary misconduct. + Article V (1) Judges and prosecutors who, on the date of entry into force of this law, meet the conditions of retirement for the age limit, shall be relieved of their duties upon completion of a period of 3 months after the entry into force of this Law. (2) The Superior Council of Magistracy will take the necessary measures for the occupation within 4 months from the entry into force of the present law of posts that become vacant by the retirement of the persons referred to in par. ((1). + Article VI Judges and prosecutors who did not give up the basic norm at legal higher education institutions, according to art. 102 102 of Law no. 303/2004 , are obliged to transfer their basic norm to the court or prosecutor's office to which they operate, within 30 days of the entry into force of this law. + Article VII (1) Judges, prosecutors, magistrates-assistants, legal specialist staff assimilated to magistrates and specialized auxiliary staff shall submit the declarations provided for in art. 6 6 para. ((3) or, where applicable, art. 6 6 ^ 1 and art. 6 ^ 2 of Law no. 303/2004 , within 60 days of the entry into force of this Law. (2) The National Council for the Study of Security Archives art. 6 ^ 1 of Law no. 303/2004 , and the Supreme Council of National Defence verifies the declarations provided for art. 6 ^ 2 of Law no. 303/2004 within 6 months from the entry into force of this Law. + Article VIII Provisions art. 82 82 of Law no. 303/2004 applies also to the magistrates-assistants of the Constitutional Court and the legal specialist staff assimilated to the judges and prosecutors provided for art. 73 73 of Law no. 47/1992 on the organization and functioning of the Constitutional Court, republished, with subsequent amendments and completions. + Article IX Point a) of Article 28 of the Law no. 154/1998 on the system for determining the basic salaries in the budgetary sector and allowances for persons occupying positions of public dignity, published in the Official Gazette of Romania, Part I, no. 266 of 16 July 1998, with subsequent amendments and completions, shall be amended and shall read as follows: " a) the legal specialist staff provided for in Law no. 303/2004 on the status of judges and prosecutors, with subsequent amendments and completions, except for the functions of public dignity appointed, other than those occupied by posted judges and prosecutors; " + Article X The date of entry into force of this Law shall be repealed: a) Articles 8 and 9 of the Government Emergency Ordinance no. 43/2002 on the National Anti-Corruption Prosecutor's Office, published in the Official Gazette of Romania, Part I, 244 of 11 April 2002, approved with amendments and additions by Law no. 503/2002 , published in the Official Gazette of Romania, Part I, no. 523 of 18 July 2002, with subsequent amendments and completions; b) Article 8 Law no. 508/2004 on the establishment, organization and functioning within the Public Ministry of the Directorate for Investigation of Organized Crime and Terrorism, published in the Official Gazette of Romania, Part I, no. 1089 1089 of 23 November 2004. + Article XI On the date of entry into force of this Law, any provision to the contrary shall be repealed + Article XII Law no. 303/2004 on the status of magistrates, published in the Official Gazette of Romania, Part I, no. 576 of June 29, 2004, as amended, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted pursuant to the provisions of art. 114 114 para. (3) of the Romanian Constitution, republished, following the commitment of the Government's responsibility to the Chamber of Deputies and the Senate and under the conditions of art. 147 147 para. (2), in compliance with art. 76 76 para. ((1) of the Romanian Constitution, republished, at the joint meeting of July 13, 2005. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 19, 2005, No. 247. ------