Law No. 251 Of 23 June 2006 On Modification And Completion Of The Law Nr. 188/1999 On The Status Of Civil Servants

Original Language Title:  LEGE nr. 251 din 23 iunie 2006 pentru modificarea şi completarea Legii nr. 188/1999 privind Statutul funcţionarilor publici

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Law No. 251 of 23 June 2006 on modification and completion of the law nr. 188/1999 on the status of public servants PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 574 of 4 July 2006 Parliament adopts this law.


Article I the law. 188/1999 on the status of civil servants, republished in the Official Gazette of Romania, part I, no. 251 of 22 March 2004, as amended, is modified and completed as follows: 1. Paragraph 1 of article 1 shall read as follows: Art. 1.-(1) this Act regulates the general status of legal relations between public servants and the State or local public administration through autonomous administrative authorities or by public authorities and institutions of the Central and local public administration, hereinafter referred to as service ratios. "
2. In paragraphs (1) and (2) of article 2 shall read as follows: Art. 2. — (1) the duties and responsibilities of the Assembly represents, established under the law, in order to achieve the prerogatives of public power by the central public administration, local public administration and autonomous administrative authorities.

(2) the public Officer is the person named in the law, in a public office. The person who has been released from public office and is located in the Reserve Corps of civil servants retain their status of public servant. "
  

3. c) to paragraph 3 of article 2 shall read as follows: "c) drafting policies and strategies, programs, studies, analyses and statistics necessary for the development and implementation of public policies, as well as the documentation necessary for the execution of the laws in order to achieve the competence of the authority or public institutions;".
4. Paragraph 5 of article 2 shall read as follows: "(5) for the purposes of this Act, all civil servants in administrative authorities and within public authorities and institutions from Central and local public administration constitutes the body of civil servants."
5. Paragraph 3 of article 4 shall read as follows: "(3) Notwithstanding the provisions of paragraph 1. (2) public functions execution temporarily vacant for a period of at least one month can be occupied for a fixed period, as follows: a) through reallocation of public servants from Reserve Corps fulfilling specific conditions for the public service in question;
  

b) fixed-term appointment through competition law, where the body of the book there are civil servants who meet specific requirements to be distribute in accordance with the provisions referred to in subparagraph (a). of the person appointed). in these conditions the status of civil servant earns only over this period and shall not be given to the termination of service of the right to enter in the Reserve Corps of public servants. "
  

6. In paragraph 2 of article 5 shall read as follows: "(2) by special statutes referred to in paragraph 1. (1) you can regulate: a) the rights, duties and specific incompatibilities other than those provided for in this law;
  

b) public officials. "
  

7. According to paragraph 2 of article 5 insert a new paragraph, paragraph (3), with the following contents: "(3) in the case of special statutes applicable to the diplomatic and consular services, as well as police and other structures of the Ministry of administration and Interior, special provisions may govern the provision of the kind referred to in paragraph 1. (2) as well as with respect to career. "
8. (a) article 6) shall read as follows: "a contract employee) personnel of the public authorities and institutions, performing secretarial, administrative, protocol, management, maintenance-repair and servicing, security, as well as other staff who did not exercise the prerogatives of public power. The persons occupying these positions do not have the status of civil servant and labour legislation applies; ".
9. After letter b) to paragraph 1 of article 7 introduces a new letter, the letter c), with the following content: "c) State public officials, public officials and local public offices."
10. Paragraph 3 of article 7 shall read as follows: "(3) means the body's specific public functions and responsibilities duties with the specific character of certain authorities and public institutions, established in order to achieve their specific competences, or requiring specific skills and responsibilities."
11. According to paragraph 3 of article 7, insert a new paragraph, paragraph (4), with the following contents: "(4) Equalization of public functions specific functions of the general public, according to the law, is made by special statutes. 5 para. (1) or at the initiative of the authorities and public institutions, national agency of public servants. "
12. After article 7 introduces a new article, article 7 ^ 1 with the following content: "Art. 7 ^ 1. -(1) the functions of the Government are public functions established and approved under the law within the ministries, specialized bodies of central public administration, as well as autonomous administrative authorities.

(2) the functions of the territorial public functions are public and approved according to the law, under the Prefect's institution, the decentralized public services of ministries and other bodies of the central public administration territorial-administrative units.
  

(3) local government Functions are public functions established and approved under the law within the apparatus of the local public administration authorities and public institutions subordinate thereto. '
  

13. Article 8 shall read as follows: Art. 8.-public functions are divided into 3 classes, defined in relation to the level of education required employment tribunal service, as follows: a) class I comprises the functions of the public for whose employment require studies undergraduate diploma completed university degree, respectively, graduated with a Bachelor's degree or equivalent;
  

b) class II includes public functions for the employment of which require higher education brief, graduated with a Bachelor's degree;
  

c) third class includes public functions for the employment of which are school studies secondary education respectively, completed his baccalaureate degree. "
  

14. In paragraph 2 of article 9 shall read as follows: "(2) public servants appointed in public functions in classes II and III can handle only public officials."
15. paragraphs (2) and (3) of article 10 shall read as follows: "(2) can be called beginning public servants persons who have promoted the contest for occupying a public office of professional-grade award.

(3) may be appointed civil servants definitivi: beginning of civil servants) who performed the internship period provided for in law and obtained a result corresponding to the assessment;
  

b) persons entering the body of civil servants through competition and who have the required length of employment studies specialty civil service of not less than 12 months, 8 months, 6 months, depending on the level of education completed. "
  

16. Article 11 shall read as follows: Art. 11.-senior civil servants Category includes persons who are named in one of the following functions: a) general Secretary of Government and Assistant Secretary general of the Government;
  

b) Secretary general from ministries and other specialized bodies of central public administration;
  

c) prefect;
  

d) Deputy Secretary general from ministries and other specialized bodies of central public administration;
  

subprefect e);
  

f) governmental inspector. "
  

17. Article 12 shall read as follows: Art. 12. — (1) civil servants driving Category includes persons named in one of the following functions: a) director-general and Deputy director general from the autonomous administrative authorities, ministries and other specialized bodies of central public administration, as well as in specific public functions treated as such;
  

b) director and Deputy director of the autonomous administrative authorities, ministries and other specialized bodies of central public administration, as well as in specific public functions treated as such;
  

c) Secretary of the administrative and territorial unit;
  

d) executive director and Deputy Executive director of the decentralized public services of ministries and other bodies of the central public administration, territorial-administrative units within the institution of the Commissioner, within the apparatus of the local public administration authorities and public institutions subordinated to them, as well as in specific public functions treated as such;
  

e) Chief, as well as in specific public functions similar in nature;
  

f) Chief Office, as well as in specific public functions similar in nature to it.
  


(2) autonomous administrative authorities may be established and public functions under paragraph 1. (1) (a). e) and (f)), and other public functions provided for in the regulations.
  

(3) public functions under paragraph 1. (1) (a). He and may be established) within public authorities and institutions from local public administration that have a minimum of 150 posts. "
  

18. Article 13 shall read as follows: Art. 13. — (1) civil servants Are running class I individuals named in the following functions: Adviser to general public, legal adviser, auditor, expert, inspector, as well as in specific public functions treated as such.

(2) civil servants running class II individuals called as general public reviewer, as well as in specific public functions similar in nature to it.
  

(3) Are public servants run class III persons named as general public, as well as in specific public functions similar in nature to it. "
  

19. Article 15 shall read as follows: Art. 15. — (1) Senior civil servants achieved the top-level management in the central public administration and the autonomous administrative authorities.

(2) in order to handle public office corresponding to the category of senior public servants cumulative person must fulfil the following conditions: (a) those referred to in article). 50;
  

b) studies undergraduate diploma completed university degree, respectively, graduated with a Bachelor's degree or equivalent;
  

c) at least 5 years work experience in specialty studies necessary public tenure;
  

d) graduated from specialized training programs to fill a function appropriate to the category of senior public officials;
  

e) promoted the national competition for entrance into the category of senior public servants.
  

(3) for public functions. 11 lit. a), b) and d) may establish specific conditions or specific procedures, in accordance with the law. "
  

20. Article 16 shall read as follows: Art. 16.-specialized training programmes to occupy a public office corresponding to the category of senior public servants are conducted according to the law. "
21. Article 17 shall read as follows: Art. 17. — (1) the entry in the category of senior public servants should be made by national contest. Recruiting is done by a permanent, independent Commission, made up of 7 members appointed by decision of the Prime Minister. Commission members have fixed seats for 10 years and half shall be appointed by rotation.

(2) persons who have promoted the national competition referred to in paragraphs 1 and 2. (1) can be called in public functions corresponding to the category of senior public servants.
  

(3) the structure, criteria for appointment of members, powers and mode of organisation and functioning of the Commission referred to in paragraph 1. (1) shall be established by decision of the Cabinet of Ministers, on a proposal from the national agency of public servants. "
  

22. Article 18 shall read as follows: Art. 18. — (1) the appointment, amendment, suspension, termination of service, as well as disciplinary sanction of senior civil servants are made according to the law, the Government has:) for public functions. 11 lit. a), c) and (e));
  

b) Prime Minister for public functions. 11 lit. b), d) and (f)).
  

(2) the appointment in public office under article 9. 11 lit. a), b) and d) is made of people who meet the conditions laid down in article 21. 15 para. (2) and (3).
  

(3) upon release from the public function, senior civil servants have the right to compensation laid down by law, material relating to the unitary system of pay of public servants. "
  

23. After article 18 Insert a new article, article 18 ^ 1 with the following content: "Art. 18 ^ 1. (1) individual performance appraisal of senior civil servants is made annually in accordance with the law.

(2) overall assessment of senior civil servants is done once every 2 years, to confirm their professional knowledge, skills, and abilities necessary for the exercise of the function.
  

(3) Senior civil servants are required to follow professional development courses on a yearly basis, according to the law.
  

(4) the annual assessment mentioned in paragraph 1. (1) and overall assessment referred to in paragraph 1. (2) shall be made by a Committee of evaluation, whose members are appointed by decision of the Prime Minister, upon proposal of the Minister of administration and Interior. "
  

24. The letter j) of paragraph 1 of article 20 shall read as follows: "j) approves the terms and conditions and the procedure for recruitment and promotion organization for public functions for organizing the competition, advises and monitors recruitment and promotion for other public officials under this law;".
25. After the letter p) of paragraph 1 of article 20 shall enter a new letter, the letter q), with the following content: "q) finds contraventions and sanctions applied in accordance with the law."
26. Article 21 shall read as follows: Art. 21. — (1) the employment plan sets out: (a) public functions) the maximum number of public functions reserved for the promotion of civil servants;
  

b) maximum number of public functions that will be reserved in order to promote rapid;
  

c) maximum number of public functions which will be filled by recruitment;
  

d) maximum number of public functions which will be set up;
  

e) maximum number of public functions as they undergo reorganization;
  

f) maximum number of public functions on each class, category and grade;
  

g) maximum number of leading public functions and public functions corresponding to the category of senior public servants.
  

(2) the employment plan is drawn up annually to public functions, in consultation with the unions representing public servants, as follows: a) by the national agency of civil servants on the basis of proposals by parent, authorising officers for public authorities and institutions of public administration;
  

b) by the mayor or, where appropriate, by the President of the County Council, through its own device, the authorities and institutions of local public administration.
  

(3) the employment plan is drawn up centralized public functions on each principal credit and instructing on each institution controlled or financed by his budget.
  

(4) In the situation referred to in paragraph 1. (2) (a). the employment plan), of public functions are approved by decision of the Government. In the situation referred to in paragraph 1. (2) (a). b) plan for employment of public functions are approved by decision of the local Council, the County Council.
  

(5) to the authorities and institutions of local public administration, the employment plan public functions shall be sent to the national agency of civil servants with 45 days prior to the date of approval. The national agency of civil servants ' irregularities in its structure, the public authorities or institutions have the obligation to modify the project plan for the employment of public functions, based on observations of the national agency of civil servants, in accordance with the provisions laid down by law. "
  

27. Paragraph 2 of article 23 shall read as follows: "(2) a record of public functions and civil servants in each public institutions or authorities, in accordance with the format established by the national agency of civil servants. Authorities and public institutions are obliged to transmit the national agency of civil servants all the information contained in the records of public functions and civil servants. "
28. Article 27(2) shall read as follows: Art. 27. — (1) the right of Trade Union Association of civil servants is guaranteed.

(2) civil servants may freely establish trade union organizations, to join them and to exercise any mandate within them.
  

(3) where the senior civil servants or public officers shall be elected by the governing bodies of the trade union organizations, these are required within 15 days of the election to the governing bodies of the trade union organizations to opt for one of the two functions. If the public servant chooses to conduct activity in function of the Union organisations, reports of its service will be suspended for a period equal to that of the mandate as the leading trade union organization.
  

(4) civil servants may associate in professional organizations or other organizations aimed at protecting professional interests. "
  

29. Article 28 shall read as follows: Art. 28. — (1) civil servants are recognized the right to strike, in accordance with the law.

(2) public servants who lie on strike do not receive salary and other rights of salary during the strike. "
  

30. The letter d) of paragraph 1 of article 29 shall read as follows:

"d) corresponding salary supplement stage."
31. Article 31 shall be repealed.
32. Paragraph 1 of article 32 shall read as follows: Art. 32. — (1) the normal duration of working time for civil servants is usually 8 hours per day and 40 hours per week. "
33. Article 33 shall read as follows: Art. 33. — (1) civil servants may be elected or appointed in a position of public dignitaries, according to the law.

(2) Senior civil servants and public officials driving can be appointed in public dignity functions only upon termination, in accordance with the law, of service.
  

(3) Senior public servants and public servants can run for leadership positions of dignity in public only after removal, under the law of service. "
  

34. Paragraph 2 of article 36 shall be repealed.
35. According to paragraph 2 of article 40 shall be inserted a new paragraph, paragraph (3), with the following contents: "(3) Special Measures of protection for civil servants involved in the inspection, control and execution of the budget, as well as claims for other categories of civil servants who carry out activities with a high degree of professional risk shall be determined by normative acts on a proposal from the national agency of civil servants or by the public authorities and institutions on the advice of the national agency of public servants. "
36. Article 43 shall read as follows: Art. 43. — (1) civil servants are forbidden to occupy leadership positions in the structures or organs, elected or appointed, of political parties, as defined in their statutes, the organizations to which it applies the same legal regime as political parties or associations of foundations that operate on times around.

(2) Senior civil servants are forbidden to belong to political parties, organizations to which it applies the same legal regime as political parties or from foundations associations that work on times around.
  

(3) civil servants have an obligation that, in exercising their powers, to refrain from expressing or manifesting convictions public and their political preferences, not to favor any political party or organization to whom it is applicable the same regime as legal political parties. "
  

37. Article 48 shall be repealed.
38. According to article 49 shall be inserted a new section, section 3 of the "further training of civil servants", comprising articles 1 to 49 of 49 ^ ^ 4, with the following content: "SECTION 3 further training of civil servants Art. 49 ^ 1. -Public officials shall have the right and obligation to continuously improve their skills and training.
Art. 49 ^ 2. -(1) the public authorities and institutions are required to provide in its own annual budget of amounts needed to cover the costs of professional training of civil servants organized by the authority or interest or in public institutions.

(2) the period during which public officials follow the forms of professional training, receive proper salary rights, where these are organised at the initiative of the times) in the interest of the public body or authority;
  

b) followed by the public functionary, with the consent of the public authority or institution of the driver.
  

(3) civil servants who follow the forms of professional training, the duration of which is more than 90 days in a calendar year, organized in the country or abroad, financed from the State budget or local budgets, are obliged to engage in writing that they will work in public administration between 2 and 5 years after the completion of the programmes, in proportion to the number of days of professional training If no programme is provided for another period.
  

(4) civil servants who followed the forms of professional development under the conditions of paragraph 1. (3) the employment relationship is terminated, the service according to the provisions of article 3. 84 lit. b), d) and (e)), art. 84 ^. (1) (a). f) and (g) of article) or 84 ^ 2 para. (1) (a). d), before reaching the time limit specified shall be obliged to repay the equivalent value of the cost of improvement, as well as, where appropriate, pay received during the period, calculated in accordance with the law in proportion to the period remaining until expiry.
  

(5) the provisions of paragraphs 1 and 2. (4) does not apply where a public servant no longer holds public office for reasons not attributable to it.
  

(6) where people who follow a form of professional development, but have not achieved their fault, shall be obliged to reimburse the institution or public authority, the equivalent value of the cost of improvement, and outstanding pay claims received during the period, calculated in accordance with the law, if they were incurred by the authority or public institution.
  

Art. 49 ^ 3. -Do not constitute forms of professional training and may not be financed from the State budget or the budget of the local university studies or doctoral studies.
Art. 49 ^ 4. -Public authorities and institutions have the obligation to notify the national agency of civil servants, in accordance with the law, the plan of professional training of civil servants, as well as the funds provided for in the annual budget for the costs of professional training of civil servants, organized at the initiative of the time in the interest of public authority or institution. "
39. The letter i) of article 50 shall read as follows: "i was not fired) from public office or has not ceased contract work for disciplinary reasons in the last seven years;".
40. After article 50 shall be inserted a new article, article 50 ^ 1 with the following content: "Art. 50 ^ 1. -Precised and temporarily vacant public functions can only be made under the present law. "
41. Article 51 shall read as follows: Art. 51.-employment public functions is done by: a) promotion;
  

(b));
  

c) redistribution;
  

d) recruitment;
  

e) other ways provided for by this law. "
  

42. According to article 51 shall be introduced three new articles, articles 51 ^ 1 ^ 2, 51 and 51 ^ 3, with the following content: "Art. 51 ^ 1. -(1) Recruiting for entry into the public service shall be made by competition, within the limits of public functions vacancies reserved for this purpose employment plan for public functions.

(2) the conditions of participation and organization of the competition procedure shall be determined by law.
  

(3) the competition is based on the principles of open competition, transparency, competence and merit, as well as that of equality of access to public functions for every citizen who satisfies the conditions laid down by law.
  

(4) notification of the contest will be published in the Official Gazette of Romania, part III, and in a daily newspaper of wide circulation, with at least 30 days before the date of realisation. Exceptionally, the period of 30 days may be reduced in accordance with the law, for the contest organized for the purpose of employment public functions execution temporarily vacant.
  

(5) the minimum requirements of the specialty studies necessary to participate in the contest organised for the recruitment of public functions of execution shall be determined as follows: a) a year in specialty studies necessary public tenure for public functions of running professional grade Assistant in class I, 8 months for occupying public functions execution of professional-grade teaching assistant grade II or 6 months for occupying public functions of running professional grade Assistant in class III;
  

b) 5 years in specialty studies necessary public tenure for public functions of running professional degree;
  

c) 9 years in specialty studies necessary public tenure for public functions of running higher professional degree.
  

(6) the minimum requirements of the specialty studies necessary to participate in the contest organised for the recruitment of public leadership functions shall be determined as follows: a) 2 years in specialty studies necessary public tenure for public leadership functions: Head Office, Head Office and Secretary of the village, as well as specific public functions are treated as such;
  

b) 5 years in specialty studies necessary public tenure for public leadership functions, other than those referred to in points. a). (7) For participation in the contest organised for the recruitment of public leadership functions, candidates must have completed a master's or postgraduate studies in the field of public administration, management or in specialty studies necessary public tenure.
  

Art. 51 ^ 2. -(1) the recruitment for vacant public functions from the central public authorities and institutions shall be organised in accordance with the law, as follows:


the Commission) referred to in article 1. 17 para. (1) for senior civil servants. Technical secretariat of the Commission shall ensure that the national agency of civil servants;
  

b) by the national agency of civil servants, public functions for General and specific driving;
  

c) by public authorities and institutions, with the opinion of the national agency of civil servants, public functions for General and specific performance.
  

(2) recruitment Contest for public holidays from public authorities and institutions of local public administration is organised in accordance with the law, as follows: a) by the national agency of civil servants, for public leadership functions in the following areas: child protection, computerized records of a person, public internal audit, finance and accounting, architecture, urban planning and human resources, European integration, for secretaries, administrative-territorial units, as well as for the execution of public functions in the field of public internal audit;
  

b) by public authorities and institutions for precised, other than those referred to in points. a). (3) In the situation referred to in paragraph 1. (2) (a). (b)), the authorities and institutions of local public administration are obliged to inform the national agency of civil servants with at least 10 days before the start of the procedure for organizing and conducting contests. The Agency notes that civil servants are not fulfilled the legal conditions governing the organisation and conduct of the competitions has to postpone or suspend the organisation and realisation.
  

(4) the national agency of civil servants may delegate authorities or public institutions, according to the law, the competence to organise recruitment competitions for occupying public functions of General and specific driving.
  

Art. 51 ^ 3. -For admission to the programmes organized under the law for the public manager status are organized and managed by the institutions are empowered by law to organize such programs, with the opinion of the national agency of public servants. "
43. Paragraph 3 of article 52 shall be repealed.
44. Paragraph 2 of article 53 shall read as follows: "(2) in the case referred to in paragraph 1. (1) (a). b) period of traineeship shall not constitute the required seniority for a public office. "
45. paragraphs (1), (2), (3) and (7) of article 54 shall read as follows: Art. 54. — (1) the appointment of the public functions of category of senior public servants shall be in accordance with the provisions of art. 18 paragraph 1. (1) and (2) the appointment of the public functions for the contest article. 51 ^ 2 (2). (1) (a). b) and para. (2) (a). a) is made by the administrative act issued by public institutions or authorities, leaders from Central and local public administration on the proposal of the national agency of civil servants.
  

(3) appointment to public functions for the contest article. 51 ^ 2 (2). (1) (a). c) and paragraphs 1 and 2. (2) (a). b) is made by the administrative act issued by the heads of public authorities and institutions from Central and local public administration.
  

. (7) the oath referred to in paragraph 1. (6) shall be recorded in writing. The refusal of the oath shall be recorded in writing and shall entail the revocation of an administrative act of appointment in public office. The obligation of the oath organization belongs to the person who has legal jurisdiction of appointment. "
46. Article 55 shall read as follows: Art. 55.-career public servant can promote the public function and can advance to the payroll steps, in accordance with the law. Promotion in the classroom, promoting and advancing the professional grades in the salary increments are not conditional on the existence of a vacancy. "
47. Article 56 shall read as follows: Art. 56. — (1) the promotion is the way career development through a public office.

(2) promotion in higher professional degree immediately held by the public officer shall be made by competition or exam, held annually, through the transformation of the post occupied by the public servant as a result of the promotion or contest examination. The job description of public functionary who has promoted public function is completed with new duties and responsibilities. "
  

48. Article 57 shall read as follows: Art. 57. — (1) the promotional Exam in professional degree is organised by the authority or public institution, with the opinion of the national agency of civil servants, within the scope of the functions reserved to public promotion, with budgetary funds allocated to the employment.

(2) to participate in the promotion examination in higher professional degree immediately held, public official must meet the following conditions: (a) (b) cumulatively) to have at least 4 years of professional work experience degree in public service from which it promotes;
  

b) have at least two years ' seniority in the step of salary from advancing;
  

c) have obtained at least the grade of «good» to the individual performance appraisal for the past 2 years;
  

d) does not have the administrative disciplinary penalty record neradiată under this law.
  

(3) public servants who do not meet the conditions laid down for promotion to seniority in rank immediately higher professional owned may participate in the contest organized in accordance with the law, in order to promote in public office. "
  

49. Article 58 shall read as follows: Art. 58. to participate in the contest of the promotion in public management, public servants must fulfil the following conditions: (a) (b) cumulatively) are graduates of master's or postgraduate studies in the field of public administration, management or in specialty studies necessary public tenure;
  

(b)) to be appointed in public office of class I;
  

c) meets the requirements specified in the job description;
  

d) satisfy the conditions laid down in article 21. 51 ^. (6);
  

e) does not have the administrative disciplinary penalty record neradiată under this law. "
  

50. After article 58 shall be inserted a new article, article 58 ^ 1 with the following content: "Art. 58 ^ 1. -Advancing the five payroll is done according to the law on the system of remuneration of public servants. "
51. Article 59 shall read as follows: Art. 59. — (1) as a result of acquiring a diploma of higher studies in the specialty in which they operate, civil servants have the right execution to attend an exam for public office in a higher class than that in which they are employed, according to the law.

(2) promotion under the terms of paragraph 1. (1) is made by turning the station occupied by the public servant as a result of the promotion examination. "
  

52. paragraphs (2), (3) and (4) of article 60 shall read as follows: "(2) the assessment of individual performance of civil servant is granted one of the following qualifiers:" very good "," good "," satisfactory "," unsatisfactory ".

(3) in the assessment of Professional Qualifications obtained are envisaged: (a) the steps of advancement) payroll;
  

b) promotion in public office upper;
  

c) release from public office.
  

(4) in the process of performance appraisal of civil servants shall be determined by the requirements of training of public servants. "
  

53. According to article 60 shall be entered in section 5 "quick promotion system in public office", comprising articles 60 1 ^ and 2 ^ 60 the following table of contents: "SECTION of the 5th rapid promotion system as public Art. 60 ^ 1. (1) eligible for speedy promotion system in public office: a) people who have graduated from programs organized in accordance with the law, in order to obtain the status of manager;
  

b) public officials who promoted the contest; 57 paragraph 3. 3. (2) can participate in the competition referred to in paragraphs 1 and 2. (1) (a). b) civil servants that meet cumulatively the following criteria: a) to have at least 1 year in the professional degree of public service from which it promotes;
  

b) have obtained a mark of very good» at the «evaluation of individual professional performances of last year;
  

c) do not have the administrative disciplinary penalty record neradiată under this law;
  

d) followed at least some form of professional training in the last year.
  

(3) for the quick promotion; 57 paragraph 3. (3) is organized annually by the national agency of civil servants, the limit on the number of vacancies reserved for rapid promotion.
  

Art. 60 ^ 2. -(1) the period during which a person has attended programs organized in accordance with the law, in order to obtain the status of the public manager is treated as internship period.


(2) in the case of the programmes referred to in paragraph nepromovării. (1) the period of traineeship shall not constitute the necessary studies specialty occupation public functions and no work experience in public office. "
  

54. Article 62 shall read as follows: Art. 62. — (1) In the framework of public authorities and institutions shall constitute the parity committees.

(2) The composition of the Joint Commission shall enter into an equal number of representatives designated by the head of the institution or public authority and the Union representing public servants. Where the Union is not representative or public servants are not organised in the Union, their representatives will be appointed by a majority vote of the public officials of that authority or public institution.
  

(3) the procedure for the formation, establishment and operation of joint committees, as well as the composition, tasks and working procedure thereof shall be established by decision of the Cabinet of Ministers, on a proposal from the national agency of public servants. "
  

55. In paragraphs (1) and (2) of article 63 shall read as follows: Art. 63. (1) the parity Committees are consulted in the following situations: (a) the establishment of measures) improvement of the activity of public authorities and institutions for which they are established;
  

(b) in establishing any measures) relating to the training of public servants if their costs are covered from budgetary funds;
  

(c) the establishment of programme) work by the head of the public body or authority;
  

d) other situations provided by law.
  

(2) in exercising the functions of the parity committees, issue advisory opinions. "
  

56. According to article 64 shall be inserted a new article, article 64 ^ 1 with the following content: "Art. 64 ^ 1. -(1) any person who considers himself aggrieved in his own right or a legitimate interest may apply to court, according to the law, against the public authority or institution that issued the Act or who refused to settle the claim a subjective right or legitimate interest.

(2) if the action is allowed and is found guilt of civil servant, the person concerned will be obliged to pay damages, jointly with the authority or public institution.
  

(3) the liability of the public functionary cannot engage if it has complied with the legal provisions and administrative procedures applicable to the public authority or institution in which they operate. "
  

57. The letter k) of paragraph 2 of article 65 shall read as follows: "k) other facts referred to as disciplinary in the normative acts in the field of public service and public servants."
58. The letter d) to paragraph 3 of article 65 shall read as follows: "d) demotion in the payroll steps or demotion in public office for a period of up to one year;".
59. Paragraph 5 of article 65 shall read as follows: "(5) disciplinary Sanctions shall be applied no later than one year from the date of referral to the Disciplinary Committee with regard to the irregularity, but not later than 2 years from the date the offence was committed."
60. After paragraph 5 of article 65 shall introduce two new paragraphs (6) and (7) with the following content: "(6) where the deed of public functionary received as misconduct and that offence, disciplinary liability engagement procedure shall be suspended until the disposition of criminal neînceperii of removal under criminal prosecution or cessation times until such time as that Court has the payment or cessation of the criminal process.

(7) during the period of research administration, the public servant who committed misconduct may influence the administrative investigation, the head of the public body or authority has the obligation to prohibit its access to documents that could affect the investigation or, where appropriate, of moving the temporary public functionary within another compartment or other structures of the times public institution. "
  

61. Article 66 shall read as follows: Art. 66. — (1) a disciplinary Sanction under article 9. 65 paragraph 1. (3) (a). He can be applied directly) by the person who has legal jurisdiction for appointment to the position.

(2) the disciplinary Penalties referred to in article 1. 65 paragraph 1. (3) (a). b)) shall apply to a person who has legal jurisdiction to appoint the public function, the Commission's proposal of discipline.
  

(3) the disciplinary Penalties may not be applied until after the preliminary investigation of the offence committed and after hearing the public functionary. Hearing the public functionary shall be recorded in writing, on pain of nullity. The refusal of public functionary to be present at the hearings or to sign a statement concerning disciplinary misbehaviour that imputations shall be recorded in the minutes. "
  

62. Article 67 shall read as follows: Art. 67. — (1) in order to analyse the facts as disciplinary appellate and disciplinary sanction proposal applicable to civil servants in public institutions or authorities constitutes the discipline committees.

(2) Disciplinary Committee and one representative of the representative trade union organization or, where appropriate, a representative appointed by majority vote of the public service for which the Disciplinary Committee is organized, where the Union is not representative or public servants are not organised in the Union.
  

(3) the Disciplinary Committee may designate one or more members and, where appropriate, may require control compartments within the public institutions or authorities to investigate the facts and to submit the results of the appealed activity.
  

(4) Disciplinary Committee for senior civil servants is made up of 5 senior civil servants, appointed by decision of the Prime Minister, upon proposal of the Minister of administration and Interior.
  

(5) the procedure for the formation, organisation and functioning of boards of discipline, as well as the composition, powers, procedure and referral thereof shall be established by decision of the Cabinet of Ministers, on a proposal from the national agency of public servants. "
  

63. paragraphs (2) and (3) of article 74 shall read as follows: "(2) if the public officer is sent to court for committing a crime of the kind referred to in article 1. 50 lit. (h)), the person who has legal jurisdiction of appointment in public office will suspend public functionary from a public function on hold.

(3) If the Court has criminal trial acquittal or cessation, suspension from public function ceases, and the public officer concerned will resume his duties in public office previously owned and will be paid the outstanding pay claims relating to pay for the period of suspension. "
  

64. After paragraph (4) of article 74 shall be inserted a new paragraph, paragraph (5) with the following content: "(5) from the time of commencement of criminal proceedings, where the public can influence research officer, the person who has the power of appointment in public office is obliged to order the temporary relocation of civil servant in another compartment or other structures without legal personality of public institution times."
65. Article 75 shall read as follows: Art. 75. — (1) mobility in the public service is carried out by changing of service, as follows: a) to streamline the work of the public authorities and institutions;
  

(b)) in the public interest;
  

c) in the interest of public functionary, for career development in public office.
  

(2) the amendment of service of civil servants and public officials driving takes place through: a) delegation;
  

b) detachment;
  

(c));
  

d) moving within another compartment or other structures without legal authority or public institution;
  

e) temporary exercise of a public office.
  

(3) If the mobility of public servants and public servants leading ordering in the public interest, in accordance with the law, public servants may not refuse the application of the measures referred to in paragraph 1. (2) (a). b) and d), except as provided for in article 10. 77 para. (3), under penalty of dismissal public function. In these cases, the modification of the service report is available to the person who has the power of appointment in public office, with opinion or at the request of the national agency of public servants. "
  

66. paragraph (3) of article 76 shall read as follows: "(3) the delegation for a period of more than 60 calendar days during a calendar year, it may order only with the written consent of a public officer."
67. Paragraph 2 of article 77 shall read as follows:

"(2) Posting can dispose of training if the public functionary powers and responsibilities correspond to the public function, observing the class, the class and the public functionary. Posting can be equipped on public leadership, with the provisions of art. 80 para. (2) If a public servant meets the conditions of education and work experience in specialty studies and if there is within the authority or public institution officials who pursue temporary public function. A public servant can be posted to the public office, only with his consent. "
68. paragraphs (1), (4) and (5) of article 78 shall read as follows: Art. 78. — (1) the transfer may take place as follows: a) in the interest of the service;
  

b) at the request of public functionary.
  

.

(4) the transfer for the benefit of the service is done in a public office for the same category, class and professional degree with public office held by the public servant or a public office of lower level.
  

(5) the transfer on request is done in a public office for the same category, class and professional grade or a lower-level public office, following approval of the request for transfer of civil servant by the head of the public body or authority to which the transfer is sought. In this case, the transfer can only take place between authorities or public institutions in central public administration, between the autonomous administrative authorities or, as the case may be, between the authorities or public institutions in local public administration. "
  

69. According to paragraph 5 of article 78 shall introduce two new paragraphs (6) and (7) with the following content: "(6) in the case of civil servants driving can be made on transferring public positions of leadership whose duties are similar to the powers of the Tribunal on the transfer, in compliance with the provisions of paragraphs 1 and 2. (2), (4) and (5).

(7) the authorities or public institutions are required to ensure that the advertising of public functions vacancies cannot be filled by transfer upon request. In the event that two or more public servants requesting a public office vacancies through transfer to the application, the selection is made on the basis of the interview. "
  

70. Paragraph 2 of article 79 shall read as follows: "(2) the definitive Move within another compartment can occur in the following situations: a when ordering) by the head of the public body or authority that operates the public servant, on a public holiday of the same class, classy and professional degree or corresponding workstation Division public function respecting the training of public functionary and of its salary. In this case it is necessary written consent of public functionary;
  

b) at the request of the public officer justified, with the approval of the institution or public authority that the driver, in a public office for the same category, class and professional grade, while respecting the training of public functionary;
  

c) in other cases provided for by the provisions laid down by law. "
  

71. According to paragraph 3 of article 79 shall be introduced three new paragraphs, (4), (5) and (6) with the following content: "(4) the temporary or definitive Move within another compartment may be requested by public servant where health, proven with medical certificate, no longer allows activity in that compartment. Moving can be done on the appropriate public office, if the public servant concerned is fit to meet the new professional tasks the incumbent.

(5) If the move ordering in other servant, public benefit from the rights provided for in art. 78 para. (3) and (6) a public Officer may refuse to move in other structures of authority or public institution in the other, if they are in one of the situations referred to in article 1. 77 para. (3)."
  

72. Article 80 shall read as follows: Art. 80. — (1) temporary Exercise of a public office of leadership can be achieved through the promotion of a public official who performs the specific conditions for occupying this Office has no public record of disciplinary sanctions in administrative neradiate under this law.

(2) If the proposed measure is vacant, at para. (1) ordering the person who has the power of appointment in public office for a period not exceeding 6 months in a calendar year as follows: a) on the advice of the national agency of civil servants, for functions within public authorities and institutions of public administration;
  

b) with prior notice at least 10 days to the national agency of civil servants, for public functions within public authorities and institutions in public administration. The Agency notes that civil servants are not fulfilled the legal conditions relating to temporary exercise of a public office, driving has caused the measure or, where appropriate, it has stopped raining.
  

(3) by way of exception, the period referred to in paragraph 1. (2) may be extended by a maximum of 3 months, with the opinion of the national agency of civil servants, if the authority or public institution organized the contest for recruitment or promotion and public function was not occupied, in accordance with the law.
  

(4) If public function is temporarily vacant, the measure provided for in paragraph 1. (1) ordering the person who has the power of appointment to the public function, up to the date of termination of the suspension from public office holder, the public function of the posting or, where applicable, exclusion from administrative record holder from public service of disciplinary sanction. 65 paragraph 1. (3) (a). d). (5) if the wage corresponding to the Tribunal on the temporary is higher, the public servant is entitled to this. "
  

73. According to article 80 shall be inserted a new article, article 80 ^ 1 with the following content: "Art. 80 ^ 1. -(1) Senior civil servants are subject to the mobility and availability upon presenting the appointments of public functions. 11, in compliance with the provisions of art. 15 para. (3) (2) the refusal of the baseless appointments referred to in paragraph 1. (1) release from the draw.
  

(3) the authorities and public institutions are required to provide reimbursement, such as entailed by mobility and housing service in accordance with the law. "
  

74. (a)) and h) of paragraph 1 of article 81 shall read as follows: ") is appointed or elected in a function of public dignitaries, during that period, with the exceptions laid down in article 21. 33.

h) is leave for temporary incapacity for a period longer than one month, in accordance with the law; ".
  

75. After the letter l) of paragraph 1 of article 81 shall introduce two new letters, the letters l and l ^ 1 ^ 2)), with the following content: "l ^ 1) where it has ordered sending sued for committing a crime of the kind referred to in article 1. 50 lit. h);
l ^ 2) during the period of research administration, the public servant who committed misconduct may influence the administrative investigation, on a proposal from the Commission of discipline; ".
76. paragraphs (2) and (3) of article 81 shall read as follows: "(2) within 15 calendar days prior to the date of termination of the reason for the suspension of the law, but not later than the date of the referral to the unaware of the reason for the termination of the suspension of the rule of law, a public servant is obliged to inform in writing the person who has legal jurisdiction of appointment as public about it. Failure of the person who has legal jurisdiction of appointment as public law attract the termination of service of public officers, except as provided in paragraph 1. (1) (a). f), h), (i)) k) and l).

(3) a person who has legal jurisdiction of appointment in public office has an obligation to provide, within five days of the expiry of the period referred to in paragraph 1. (2) the necessary conditions to resume the activity of the public servant. "
  

77. paragraphs (2), (3) and (4) of article 82 shall read as follows: "(2) the report of the service may be discontinued at the request of the public officer, for a legitimate personal interest, in cases other than those referred to in paragraph 1. (1) and in article 8. 81 paragraphs 1 and 2. (1) for a period of between one month and three years.

(3) the request to suspend the service report is made in writing with at least 15 calendar days before the date when the suspension is requested, except as provided for in paragraph 1. (1) (a). e), when the request for suspension is made 48 hours prior to the onset of the strike.
  

(4) Suspension of service is found in the cases referred to in paragraph 1. (1) and in article 8. 81 paragraphs 1 and 2. (1), and in other cases regulated by special laws, shall be approved in the case referred to in paragraph 1. (2) administrative of the person who has the power of appointment in public office. "

  

78. In paragraphs (1) and (3) of article 83 shall read as follows: Art. 83. — (1) the Ordinance ordering through administrative action of the person who has legal jurisdiction for appointment to the position.
.

(3) the period of suspension of service authorities and public institutions are under obligation to reserve the corresponding public service station. Its occupation is made, for a specified period, in accordance with the law. During the suspension of service relationships, public servants may not be terminated and cannot be amended only with the consent of the initiative or public functionary concerned. "
  

79. According to paragraph 3 of article 83 shall be inserted a new paragraph, paragraph (4), with the following contents: "(4) the period of suspension of service under the conditions of art. 81 paragraphs 1 and 2. (1) (a). (c)) and art. 82 para. (1) (a). c) it is considered old in public office. "
80. Article 84 shall read as follows: Art. 84.-termination of service of civil servants is made by administrative act of the person who has legal jurisdiction of appointment in public office and takes place under the following conditions: (a));
  

(b) the consent of the parties, through) recorded in writing;
  

Liberation) public function;
  

d) dismissal from public office through;
  

e) resignation. "
  

81. According to article 84 shall be introduced four new articles, articles 84, 84 ^ 1 ^ 2 ^ 3, 84 and 84 ^ 4, with the following content: "Art. 84. ^ 1. -(1) the ratio of the service is terminated by operation of law: a) the date of death of public functionary;
  

b) irrevocable judgement whether the Declaration of public functionary;
  

c) if public servant no longer satisfies one of the conditions laid down in article 21. 50 lit. a), d) and (f));
  

d) date of completion of the cumulative conditions of age and minimum contribution period of internship for retirement or, where appropriate, the date of communication of the decision by the old-age retirement, early retirement, partial retirement disability to public officers law;
  

e) as a result of the finding of absolute nullity of the administrative act of appointment in public office, after the date on which a declaration of invalidity has been established by final and irrevocable judgment;
  

f) when a public official has been convicted by a final judgment in respect of an offence referred to in article 1. 50 lit. h) or by which it was willing to apply a sanction involving deprivation of liberty, whether on the date of final and irrevocable judgment of conviction;
  

g) as a result of the ban on the exercise of the profession or function as a safety or as additional punishment, from the date of final judgement of whether that ordered the ban;
  

h) following the expiry of the occupied public office for a fixed period.
  

(2) the finding of the case law of the termination of service is done within 5 working days of intervening through administrative action of the person who has legal jurisdiction for appointment to the position. Administrative act by which it was established under law termination of service shall be communicated to the national agency of civil servants, within 10 working days following delivery of his.
  

Art. 84. ^ 2. -The person who has legal jurisdiction in appointing public function will have release from public office through administrative action, which shall be communicated to the public officer within five working days of issuance, in the following cases: a) the authority or public institution has ceased or moved to another location, and the public servant is not willing to follow;
  

(b) the authority or public institution) reduces its staff as a result of the reorganization of the business by reducing the station's busy public servant;
  

c) as a result of the admission application for reintegration in the occupied by the public officer of a public official issued or wrongful dismissal times for unfounded reasons, from the date of the remaining final and irrevocable judgment which ordered the reintegration;
  

d) for professional incompetence, if they obtain the word «unsatisfactory» at individual performance appraisal;
  

It's no longer a public servant) meets the condition laid down in article 21. 50 lit. g);
  

f) health or physical/mental disabilities and the public functionary, established by decision of the competent organs, medical expertise, no longer allow him to perform the duties of the corresponding public function;
  

g) as a result of unfounded refusal of acceptance high public official of appointment pursuant to article. 80 ^ 1.
  

(2) the circumstances referred to in paragraph 1. (1) (a). the-c)) and e)-g) are reasons not attributable to public officials.
  

(3) in the case of the issuance of the public authority or public institution shall be bound to grant civil servants a 30 days ' notice.
  

(4) The period of notice, the person who has legal jurisdiction of appointment in public office may grant the person concerned the reduction of working hours up to 4 hours per day, without affecting the rights of salary due.
  

(5) in the cases referred to in paragraph 1. (1) (a). b), c) and (e)), the period of notice, whether in the context of public authority or public institution there are adequate vacant positions it has an obligation to make them available to public servants.
  

(6) in the cases referred to in paragraph 1. (1) (a). the-c)) and (e)), if there is no appropriate public offices vacant within the public authority or public institution, the times has an obligation to request the national agency of civil servants during the period of notice, the list of public functions. Where there is a corresponding public office vacant, identified in the period of notice, the public servant will be transferred in the interests of the service or upon request.
  

(7) public Servant Leadership takes precedence at a vacant public position of lower level.
  

Art. 84 ^ 3. -(1) In the event of a reorganization of the public body or authority, civil servants will be appointed in public functions and, where appropriate, in the new compartments in the following cases: a) is modified duties relating to a public office less than 50%;
  

b) are reduced powers of a bin;
  

c) is changed the name without changing the pixel aspect ratio of over 50% of the items public function;
  

d bin structure is changed).
  

(2) the application of paragraph 1. (1) shall be made in compliance with the following criteria: a) category, class and, where appropriate, the professional degree of public functionary;
  

b specific established criteria) for public office;
  

c) vocational training;
  

d) have conducted similar activities.
  

(3) where there are several civil servants, is organized by the examination authority or public institution.
  

(4) a Reduction is justified if the duties relating thereto shall be adjusted in proportion of 50%, or if they are modified in the specific conditions of employment of the station in question, relating to education.
  

(5) In case of reorganization of the business by reducing stations, public institution or authority may establish posts similar to the dismantled for a period of one year from the date of reorganization.
  

Art. 84. ^ 4. -(1) Dismissal from public office, is available under the terms of art. 66, by administrative act of the person who has legal jurisdiction of appointment in public office, as a disciplinary sanction applied for reasons attributable to the public functionary in the following cases: a) for committing repeated some disciplinary or a disciplinary which had serious consequences;

b) if arose a legal reason of incompatibility, and public servant does not act for termination within a period of 10 calendar days from the date of intervention in the case of incompatibility.
  

(2) an administrative Act paragraph. (1) shall be communicated to the public functionary within 5 working days from the date of issue. Communication of the administrative act has to be done before the dismissal. "
  

82. Article 85 shall read as follows: Art. 85.-public Officer may disclose to the termination of service by resignation notified in writing to the person who has legal jurisdiction for appointment to the position. His resignation should not be motivated and take effect after thirty (30) calendar days from registration. "
83. Article 86 shall read as follows: Art. 86. — (1) the amendment, suspension and termination of service by public officer has the duty to teach the works and assets that have been entrusted to carry on job duties.

(2) upon the termination of public service official report retains the rights acquired in the context of his career, except that the ratio of service ceased for reasons attributable to him.
  

(3) civil servants shall receive entitlements from unemployment insurance budget, where reports of service they have come to an end in accordance with:
  


a) art. 84 ^. (1) (a). c), except where the public servant no longer satisfies the condition laid down in article 21. 50 lit. a);
  

b) art. 84 ^. (1) (a). e) and (h));
  

c) art. 84 ^ 2 para. (1)."
  

84. Paragraph 2 of article 87 shall read as follows: "(2) the redistribution of public officials is done in a public office for the same category, class and the same professional-grade public function held by a public servant."
85. According to paragraph 3 of article 87 shall be inserted a new paragraph, paragraph (3 ^ 1), with the following contents: "(3 ^ 1) Redistribution in a public driving is done in compliance with paragraph 1. (2) or, where appropriate, paragraphs 1 to 5. (3) only if the public servant has fulfilled similar duties with the powers of the Tribunal on the redistribution of wealth. "
86. Paragraph 1 of article 88 shall read as follows: Art. 88. — (1) the body of the book is made up of public servants who have been freed from the article. 84 ^ 2 para. (1) (a). the-c)), e) and (g)) and is managed by the national agency of public servants. "
87. Paragraph 1 of article 89 shall read as follows: Art. 89. — (1) where the ratio of service ceased for reasons that public servant considers to be unlawful, or netemeinice he may ask the Court of administrative cancellation of administrative act by which it was established or willing service, the termination report under the conditions and limits laid down by the law on administrative courts no. 554/2004, as amended, as well as payment by the issuing authority or public institution of administrative compensation equal to wages, calculated and indexed, and other rights that they would have benefited the public servant. "
88. According to article 91 shall be introduced seven new articles, articles 91-93 ^ 1 ^ 7, with the following content: "Art. 91 ^ 1. -Causes which have as their object the report of public functionary within the competence of administrative courts, except as expressly established by law to the competence of other instances.
Art. 91 ^ 2. -Public authorities and institutions. 5 para. (1) are required to harmonize the statutes dealing with provisions of this law, in consultation with the national agency and the opinion of civil servants.
Art. 91 ^ 3. -(1) the public authorities and institutions who laid out in the States for contractual posts functions which involve the exercise of powers of those referred to in art. 2 (2). (3) have the obligation to establish public office pursuant to article. 90. (2) the functions of public holidays, public leadership functions, and the functions corresponding to the category of senior public officials, determined according to paragraph 1. (1), deals under the present law.
  

(3) the individual labour contract for an indefinite period in which contractual posts have been established and approved as public officials will be called in the public offices of execution if they fulfil the conditions laid down in article 21. 50 and the specialty class studies and professional grade of the civil service.
  

(4) the rights of persons holding salary public positions under the terms of paragraph 1. (3) shall be determined according to the remuneration of public functions were called.
  

Art. 91 ^ 4. -(1) the total number of public leadership functions within each authority or public institution, except for the public functions of the Secretary of the administrative and territorial unit and the Chief of the prefectural office, is not more than 12% of the total number of public functions.

(2) Notwithstanding, within the apparatus of the ministries, other specialized bodies of central public administration and public institutions subordinated to them, the share of public leadership functions can be established on the basis of the justification or public institution, to a maximum of 15% of the total number of public functions.
  

(3) shall be exempt from the provisions of paragraph 1. (2) of article 9. XVI of law No. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, and public functions in the business environment, the prevention and sanctioning of corruption, with subsequent amendments and additions, the appliance's own ministries, other specialized bodies of central public administration and public institutions subordinated to them.
  

Art. 91 ^ 5. -Programmes organized for the public manager status under art. 60 ^. (1) (a). the programmes provided for by) are Government Emergency Ordinance nr. 56/2004 on creation of the special status of public functionary named public manager, approved with amendments and completions by law No. 452/2004, as amended and supplemented, and the law. 157/2004 on the establishment of special scholarship «Government» for the training of managers in the public sector, with subsequent amendments.
Art. 91 ^ 6. -The provisions of this law shall be applied properly and autonomous administrative authorities.
Art. 91 ^ 7. -Notwithstanding the provisions of article 4. 17 para. (1) the Commission shall be set up recruitment within 60 days from the date of entry into force of the present law, as follows: a) a member appointed for a term of one year and a half;
  

b) one member appointed for a period of 3 years;
  

c) one member appointed for a period of 4 years and a half;
  

d) one member appointed for a period of six years;
  

e) one member appointed for a period of seven and a half years;
  

f) one member appointed for a period of nine years;
  

g) one member appointed for a period of 10 years and a half. "
  


Article II of the annex to law No. 188/1999 on the status of civil servants, republished, with subsequent amendments, shall be replaced by the annex which forms an integral part of this law.


Article III of the law. 188/1999 on the status of civil servants, republished in the Official Gazette of Romania, part I, no. 251 of 22 March 2004, with subsequent amendments, as well as with the changes and additions brought about by this law, shall the Republic Official Gazette of Romania, part I, posing a new texts.


Article IV (1) Notwithstanding the provisions of this law during the year 2006, may participate in the contest for the entry in the category of senior public servants persons who fulfil the conditions laid down in article 21. 15 para. (2) (a). a)-c) of law No. 188/1999 on the status of civil servants, republished, with subsequent amendments, as well as with the changes and additions brought about by this law.
  

(2) pending the decision of the Government. 17 para. (3) of law No. 188/1999, republished, with subsequent amendments, as well as with the changes and additions brought about by this law, the competition organized for the entry in the category of senior public servants is managed by the recruitment of senior officials named by the Prime Minister's Decision No. 38/2006 concerning the appointment of the Commission and of the review Commission for the recruitment of senior civil servants, as published in the Official Gazette of Romania, part I, no. 314 of 7 April 2006.
  

(3) Notwithstanding the provisions of this law, may occupy a public office of category of senior public servants persons who have passed the examination for certification as well as persons who have entered into the category of senior public servants under the conditions of paragraph 1. (1) and (4) public servants occupying a public office of category of senior public servants under the conditions of paragraph 1. (3) and civil servants occupying public office corresponding to the category of senior public servants at the time of entry into force of the present law does not satisfy the condition laid down in article 21. 15 para. (2) (a). d) of law No. 188/1999, republished, with subsequent amendments, as well as with the changes and additions brought about by this law, are required to meet this condition within 2 years from the date of entry into force of the present law, under penalty of dismissal public function.
  

(5) the condition referred to in article 1. 51 ^. (7) of the law No. 188/1999, republished, with subsequent amendments, as well as with the changes and additions brought about by this law, shall not be compulsory, for recruiting civil servants driving, if temporary exercise of a public office of leadership, as well as for civil servants occupying public office, driving over a period of 4 years from the date of entry into force of this law.
  

(6) public officials referred to in paragraphs 1 and 2. (5) are required to comply with the condition laid down in article 21. 51 ^. (7) of the law No. 188/1999, republished, with subsequent amendments, as well as with the changes and additions brought about by this law, within the period prescribed, under penalty of dismissal public function.
  


Article V


(1) the Secretaries of municipalities which, on the date of entry into force of the present law, shall not have legal or administrative higher education can keep public function with the contained within three years to graduate one form of enduring higher education in specialized legal or public administration, under penalty of dismissal.
  

(2) where the competitions organized for public service as Secretary of the village takes a person fulfilling the conditions laid down in paragraphs 2 and 3 studies. (1) and/or the conditions of seniority in the legal studies administration, can candida times and people who do not meet these conditions. In this situation, commanders shall be made public by the Secretary, with the obligation of the Organization's annual contest for occupying it.
  


Article VI the condition laid down in article 21. 51 ^. (7) of the law No. 188/1999, republished, with subsequent amendments, as well as with the changes and additions brought about by this law, shall be deemed to have been met for public servants who have completed, by the date of entry into force of the present law, training programmes and improvement in public administration, organized by the National Institute of administration, regional training centres for local public administration, as well as other specialized institutions , in the country or abroad, with duration of not less than one year, or who, on the date of entry into force of this law, is one of the forms of teaching, provided that such graduation studies within the prescribed period.


Article VII (1) within 6 months after the date of entry into force of this law shall, on a proposal from the national agency of civil servants, Government decision, approved the rules relating to: (a)) Organization and career development of public servants;
  

b) rules on the organisation and functioning of boards of discipline;
  

c) rules on the organisation and functioning of the joint committees and the conclusion of collective agreements;
  

d) the rules concerning the mobility of senior civil servants.
  

(2) within a period of 10 months from the date of entry into force of this law shall, on a proposal from the national agency of civil servants, Government decision, approved the rules): training of civil servants;
  

b) rules of organisation and conduct of specialized training programmes provided for by this law.
  

(3) pending the adoption of decisions referred to in paragraph 1, the Government. (1) (a). the-c)) shall apply accordingly to the provisions of governmental decision nr. 1.209/2003 on the organisation and development of career civil servants, not published in the Official Gazette of Romania, part I, no. 757 of 29 October 2003, and its subsequent amendments, and the governmental decision nr. 1.210/2003 concerning the Organization and functioning of boards of discipline and parity commissions within public authorities and institutions, published in the Official Gazette of Romania, part I, no. 757 of 29 October 2003.
  


Article VIII procedure for organizing and conducting contests, the procedure for the appointment of civil servants and disciplinary procedure currently in progress at the date of entry into force of this law shall be completed in accordance with the provisions in force at the date of the initiation of such procedures.


Article IX Qualifier "exceptional" and "very good" derived from civil servants to individual performance appraisal by the date of entry into force of this law shall be assimilated with notation "very good" and "good" is tantamount to "good".


Article X provisions of art. 49 ^ 3 of law No. 188/1999 on the status of civil servants, republished, with subsequent amendments, as well as with the amendments and additions made by this Act, do not apply for expenses already incurred on the date of entry into force of this law.


Article XI the conditions of seniority referred to in art. 57 of the Act No. 188/1999 on the status of civil servants, republished, with subsequent amendments, as well as with the changes and additions brought about by this law, shall not apply to public service employees who fulfilled the conditions stipulated by law on the date of appointment to the position.


Article XII (1) in 2006, promotion in public office vacant upper is made by competition or exam.
  

(2) to participate in the contest of the promotion in a public execution from the main professional grade, civil servants must fulfil the following minimum conditions: (a)) have a minimum of 2 years work experience in the execution of public functions from professional grade Assistant in the class corresponding to completed studies;
  

(b)) to be obtained, the individual performance appraisal for the past 2 years at least "very good" rating;
  

c) meets the requirements specified in the job description.
  

(3) in order to participate in the contest of the promotion in a public execution from professional grade, civil servants must fulfil the following minimum conditions: (a)) have a minimum of 2 years work experience in the execution of public functions from the main professional degree or 4 years in the execution of public functions from professional grade Assistant in the class corresponding to completed studies;
  

(b)) to be obtained, the individual performance appraisal for the past 2 years at least "very good" rating;
  

c) meets the requirements specified in the job description.
  


Article XIII the present law enters into force fifteen (15) days from the date of publication in the Official Gazette of Romania, part I, with the exception of the provisions of article 7. 29, 56, 57, 58 ^ 1 and art. 60 ^. (1) (a). b) of law No. 188/1999, republished, with subsequent amendments, as well as with the changes and additions brought about by this law, which shall enter into force on 1 January 2007.


Article XIV entry into force of this law the provisions of art. 15TH para. (2) and (3), art. 16TH para. (4) to (6) and of article 23. XX of the law nr. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, and public functions in the business environment, the prevention and sanctioning of corruption, as published in the Official Gazette of Romania, part I, no. 279 of 21 April 2003, as amended and supplemented, as well as any other provisions to the contrary are hereby repealed.
This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (1) of the Constitution of Romania, republished.
PRESIDENT of the CHAMBER of DEPUTIES BOGDAN OLTEANU PRESIDENT of SENATE NICOLAE VĂCĂROIU Bucharest, June 23, 2006.
No. 251.
Annex-list of public functions i. Functions a. general public public Functions corresponding to the category of senior public servants 1. Secretary general of the Government;
2. the Deputy Secretary-General of the Government;
3. Secretary general of ministries and other specialized bodies of central public administration;
4. the Deputy Secretary-General from ministries and other specialized bodies of central public administration;
5. the prefect;
6. the subprefect;
7. the governmental inspector.
B. public leadership Functions 1. Director general of autonomous administrative authorities, ministries and other specialized bodies of central public administration;
2. Deputy director general within the autonomous administrative authorities, the ministries and other specialized bodies of central public administration;
3. the Secretary of the County and the municipality of Bucharest;
4. director of autonomous administrative authorities, the ministries and other specialized bodies of central public administration, executive director of the decentralized public services of ministries and other specialized bodies of central public administration, as well as within local public administration authorities and public institutions subordinate thereto;
5. the Deputy director within the autonomous administrative authorities, the ministries and other specialized bodies of central public administration, Deputy Executive director of the decentralized public services of ministries and other specialized bodies of central public administration, as well as within local public administration authorities and public institutions subordinate thereto;
6. the Secretary of the municipality of Bucharest, sector of the city and of the commune;
7. Chief;
8. Head Office.
C. public execution Functions 1. Counsellor, legal adviser, auditor, expert, inspector;
2. reviewer;
3. reviewer.
Note: 1. The functions of the General Government, other than those referred to in point. I shall be determined with the advice of the national agency of civil servants.
2. Public functions referred to. (B) paragraphs 1 and 2 may be established within public authorities and institutions from local public administration that have a minimum of 150 posts.
3. leading public functions referred to. (B) point 7 and 8, as well as the execution of public functions referred to. (C) may be public officials, State or local authorities.
II. specific public Functions

A. public leadership Functions 1. Chief Architect.
B. public execution Functions 1. Inspector;
2. customs inspector;
3. inspector;
4. the controller delegate;
5. expert in information technology and telecommunications;
6. Commissioner.
C. other specific public offices 1. public Manager.
Note: specific public functions, other than those referred to in point (II), may be established by the authorities and public institutions, with the opinion of the national agency of civil servants.
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