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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 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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LEGE no. 251 251 of 23 June 2006 to amend and supplement Law no. 188/1999 on the Staff Regulations
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 574 574 of 4 July 2006



The Romanian Parliament adopts this law + Article I Law no. 188/1999 on the Statute of civil servants, republished in the Official Gazette of Romania, Part I, no. 251 of 22 March 2004, as amended, shall be amended and supplemented as follows: 1. Paragraph 1 of Article 1 shall read as follows: "" Art. 1. --(1) The present law regulates the general regime of legal relations between civil servants and the state or local public administration, through autonomous administrative authorities or through public authorities and institutions of the administration central and local public, hereinafter referred to as service reports. " 2. paragraphs 1 and 2 of Article 2 shall read as follows: "" Art. 2. -(1) The public office represents the set of duties and responsibilities established under the law, for the purpose of carrying out the public power prerogatives by the central public administration, the local public administration and the authorities autonomous administrative. (2) The public servant is the person appointed, under the law, in a public office. The person who has been released from the public office and is in the reserve corps of civil servants shall retain the status of civil servant. " 3. The letter c) of paragraph 3 of Article 2 shall read as follows: " c) elaboration of the projects of policies and strategies, programs, studies, analyses and statistics necessary for the implementation and implementation of public policies, as well as the documentation necessary for the execution of laws, in order to competence of the public authority or institution; ' 4. Paragraph 5 of Article 2 shall read as follows: " (5) For the purposes of this law, the totality of civil servants within the autonomous administrative authorities and within the public authorities and institutions of the central and local public administration shall constitute the body of civil servants. 5. Paragraph 3 of Article 4 shall read as follows: " (3) By exception to the provisions of par. ((2), the public functions of temporary execution for a period of at least one month may be occupied for a fixed period, as follows: a) by redistributing the public servants in the reserve corps who meet the specific conditions for filling the respective public office; b) by appointment for a fixed period, by competition under the law, in the situation where in the reserve corps there are no public servants who meet the specific requirements to be redistributed in accordance with the provisions laid down at lit. a). The person appointed under these conditions acquires the status of civil servant only during this period and does not benefit from the termination of the service report of the right to enter the reserve corps of civil servants. " 6. Paragraph 2 of Article 5 shall read as follows: " (2) By the special statutes provided in par. (1) may be regulated: a) specific rights, duties and incompatibilities other than those provided for by this Law; b) specific public functions. " 7. After paragraph 2 of Article 5, a new paragraph (3) is inserted, with the following contents: " (3) In the case of special statutes applicable to diplomatic and consular services, as well as to the police and other structures of the Ministry of Administration and Interior, the special provisions may regulate provisions of the nature of those provided in ((2) as well as with regard to the career. " 8 8. The letter a) of Article 6 shall read as follows: " a) the contract staff employed in the own apparatus of public authorities and institutions, carrying out secretarial, administrative, protocol, management, maintenance-repair and service activities, security, as well as other categories of staff who do not exercise the prerogative of public power. The persons who occupy these positions do not have the status of civil servant and are subject to labor law; ". 9. After the letter b) of paragraph (1) of Article 7, a new letter, letter c) is inserted, with the following contents: "c) public offices, territorial public offices and local public offices." 10. Paragraph 3 of Article 7 shall read as follows: " (3) The specific public functions represent all the tasks and responsibilities of a specific nature to public authorities and institutions, established in order to achieve their specific competences, or which require competence and specific responsibilities. " 11. After paragraph 3 of Article 7, a new paragraph (4) is inserted, with the following contents: " (4) Equivalence of specific public functions with general public functions, under the law, is made by the special statutes provided in art. 5 5 para. ((1) or, on the proposal of public authorities and institutions, by the National Agency of Public Servants. " 12. After Article 7, a new article is inserted, Article 7 ^ 1, with the following contents: "" Art. 7 7 ^ 1. -(1) State public functions are the public functions established and endorsed, according to the law, within the ministries, specialized bodies of the central public administration, as well as within the autonomous administrative authorities. (2) Territorial public functions are established and approved public functions, according to the law, within the prefect's institution, to the devolved public services of ministries and other central public administration bodies in the units administrative-territorial. (3) Local public functions are the public functions established and approved, according to the law, within the own apparatus of the local public administration authorities and their subordinate public institutions. " 13. Article 8 shall read as follows: "" Art. 8. -Public functions are divided into 3 classes, defined in relation to the level of studies required to fill public office, as follows: a) the first class includes the public functions for which the graduate studies are required to be graduated with a diploma, namely long-term higher education, graduated with a bachelor's degree or equivalent; b) Class II includes the public functions for which higher than short-term studies are required, graduated with a diploma; c) Class III includes the public functions for which high school studies are required, namely secondary secondary education, completed with a baccalaureate diploma. " 14. Paragraph 2 of Article 9 shall read as follows: "(2) Public servants appointed to the public offices of Classes II and III may occupy only public execution functions." 15. paragraphs 2 and 3 of Article 10 shall read as follows: " (2) The persons who have promoted the contest for the occupation of a public office of junior professional degree can be appointed junior civil servants. (3) Defined civil servants may be appointed: a) the junior civil servants who carried out the period of internship provided by the law and obtained the corresponding result at the evaluation; b) persons entering the body of civil servants through competition and who have the age in the specialty of studies necessary to fill the public office of at least 12 months, 8 months and 6 months, respectively, depending on the level of graduate studies. " 16. Article 11 shall read as follows: "" Art. 11. -The category of senior civil servants includes persons who are appointed to one of the following public functions: a) Secretary General of the Government and Deputy Secretary General of the Government; b) general secretary of ministries and other specialized bodies of the central public administration; c) Prefect; d) Deputy Secretary-General of the Ministries and other specialized bodies of the central public administration; e) sub-prefect; f) Government inspector. " 17. Article 12 shall read as follows: "" Art. 12. -(1) The category of leading public officials shall include persons appointed in one of the following public functions: a) general manager and deputy general manager of the apparatus of the autonomous administrative authorities, ministries and other specialized bodies of the central public administration, as well as in the specific public functions assimilated to them; b) Director and Deputy Director from the apparatus of the autonomous administrative authorities, ministries and other specialized bodies of the central public administration, as well as in the specific public functions assimilated to them; c) secretary of the administrative-territorial unit; d) Executive Director and Deputy Executive Director of the devolved public services of ministries and other specialized bodies of central public administration of administrative-territorial units, within the institution the prefect, within the own apparatus of the local public administration authorities and their subordinate public institutions, as well as in the specific public functions assimilated to them; e) head of service, as well as in specific public functions assimilated to it; f) head office, as well as in specific public functions assimilated to it. (2) Within the autonomous administrative authorities, the public functions referred to in par. ((1) lit. e) and f), as well as other public functions provided for in the specific regulations. (3) The public functions provided in par. ((1) lit. a) may also be established within the public authorities and institutions of the local public administration that have a minimum of 150 posts. " 18. Article 13 shall read as follows: "" Art. 13. -(1) There are civil servants of execution in the first class persons appointed in the following general public offices: counselor, legal adviser, auditor, expert, inspector, as well as in specific public functions assimilated to them. (2) There are civil servants of execution in the second grade of persons appointed in the general public office of specialized reviewer, as well as in specific public functions assimilated to it. (3) There are civil servants of execution in the third grade of persons appointed in the general public office of reviewer, as well as in the specific public functions assimilated to it. " 19. Article 15 shall read as follows: "" Art. 15. -(1) Senior civil servants carry out top-level management in the central public administration and autonomous administrative authorities. (2) In order to occupy a public office corresponding to the category of senior civil servants the person must cumulatively meet the following conditions: a) those provided in art. 50 50; b) Bachelor's degree graduate studies with diploma, respectively long-term higher education, graduated with bachelor's degree or equivalent; c) at least 5 years old in the specialty of studies necessary for the exercise of public office; d) graduated the specialized training programs for the occupation of a public office corresponding to the category of senior civil servants; e) promoted the national contest for entry into the category of senior civil servants. (3) For the occupation of public functions provided in art. 11 lit. a), b) and d) specific conditions or specific procedures may be established, under the law. " 20. Article 16 shall read as follows: "" Art. 16. -Specialized training programs for the occupation of a public office corresponding to the category of senior civil servants shall be organized under the law. " 21. Article 17 shall read as follows: "" Art. 17. -(1) The entry into the category of senior civil servants is made by national competition. The recruitment is made by a permanent, independent commission made up of 7 members, appointed by decision of the Prime Minister. Members of the commission have fixed terms of 10 and a half years and are appointed by rotation. (2) Persons who have promoted the national contest provided in par. ((1) may be appointed in public offices corresponding to the category of senior civil servants. (3) The structure, the criteria for the appointment of members, the attributions and the organization and functioning of the commission provided in par. (1) shall be established by Government decision, at the proposal of the National Agency of Public Servants. " 22. Article 18 shall read as follows: "" Art. 18. -(1) The appointment, modification, suspension, termination of service relations, as well as disciplinary sanction of senior civil servants shall be made, under the law, by: a) Government, for the public functions provided in art. 11 lit. a), c) and e); b) Prime Minister, for the public functions provided in art. 11 lit. b), d) and f). (2) The appointment in a public office provided for in art. 11 lit. a), b) and d) shall be made of persons who meet the conditions provided in art. 15 15 para. ((2) and (3). (3) Upon release from public office, senior civil servants shall be entitled to material compensation, established according to the law on the unitary wage system of civil servants. " 23. After Article 18, a new article is inserted, Article 18 ^ 1, with the following contents: "" Art. 18 18 ^ 1. -(1) The assessment of the individual professional performance of senior civil servants is made annually, under the law. (2) The general assessment of senior civil servants shall be made every 2 years, in order to confirm the professional knowledge, skills and abilities necessary for the exercise of public office. (3) Senior civil servants have the obligation to attend professional refresher courses on an annual basis, under the law. (4) The annual assessment referred to in par. ((1) and the general assessment referred to in par. (2) shall be made by an evaluation committee, whose members are appointed by decision of the Prime Minister, on the proposal of the Minister of Administration and Interior. " 24 24. The letter j) of paragraph 1 of Article 20 shall read as follows: " j) approve the conditions of participation and the procedure for the organization of recruitment and promotion for the public functions for which they organize the competition, endorse and monitor the recruitment and promotion for the other public functions, under the conditions the present law; '. 25. After the letter p) of paragraph (1) of Article 20, a new letter, letter q) is inserted, with the following contents: "q) finds contraventions and applies sanctions, under the law." 26. Article 21 shall read as follows: "" Art. 21. -(1) The public office employment plan shall determine: a) maximum number of public functions reserved for the promotion of civil servants b) the maximum number of public functions that will be reserved for the purpose of rapid promotion; c) the maximum number of public functions that will be filled by recruitment; d) the maximum number of public functions to be established; e) the maximum number of public functions to be reorganized; f) the maximum number of public functions on each class, category and professional degrees; g) the maximum number of public management functions and public functions corresponding to the category of senior civil servants. (2) The public office employment plan shall be drawn up annually, in consultation with the representative trade unions of civil servants, as follows: a) by the National Agency of Public Servants, based on the proposals of the main authorising officers, for the public authorities and institutions of the central public administration; b) by the mayor or, as the case may be, by the president of the county council, through his own specialized apparatus, for the public authorities and institutions of the local public administration (3) The public office employment plan shall be drawn up centrally, on each principal authorising officer and on each institution subordinated to it or financed by its budget. (4) In the situation referred to in par. ((2) lit. a), the public office employment plan is approved by Government decision. In the situation provided in par. ((2) lit. b), the public office employment plan is approved by decision of the local council, respectively of the county council. (5) For the public authorities and institutions of the local public administration, the draft public office plan shall be submitted to the National Agency of Public Servants 45 days before the date of approval. If the National Agency of Public Servants finds irregularities in its structure, the public authorities or institutions have the obligation to modify the draft public office plan, based on the observations To the National Agency of Public Servants, in accordance with the legal provisions. " 27. Paragraph 2 of Article 23 shall read as follows: " (2) The records of public offices and civil servants shall be held within each public authority or institution, according to the format established by the National Agency of Public Servants. Public authorities and institutions shall be obliged to transmit to the National Agency of Public Servants all information contained in the public offices and civil servants within them. " 28. Article 27 shall read as follows: "" Art. 27. -(1) The right of union association is guaranteed to civil servants. (2) Public servants may, freely, establish trade union organizations, adhere to them and exercise any mandate within them. (3) In a situation where senior civil servants or civil servants are elected to the governing bodies of trade union organisations, they shall be required within 15 days of their choice in the governing bodies of the Union. trade union organizations to opt for one of the two functions. If the civil servant opts to carry out the work in the position of management in the trade union organizations, his service relations shall be suspended for a period equal to that of the mandate in the Union organization. (4) Public servants may associate themselves 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, under the law. (2) Public servants who are on strike do not receive salary and other salary rights during the strike. " 30 30. The letter d) of paragraph 1 of Article 29 shall read as follows: " d) the supplement corresponding to the pay step. '; 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, as a rule, 8 hours a day and 40 hours a week. " 33. Article 33 shall read as follows: "" Art. 33. -(1) Public servants may be elected or appointed to a position of public dignity, under the law. (2) Senior civil servants and public officials of management may be appointed to public dignity positions only after the termination, under the law, of service relations. (3) Other civil servants and public servants may apply for public dignity only after the end, under the law, of service relations. " 34. Paragraph 2 of Article 36 shall be repealed. 35. After paragraph 2 of Article 40, a new paragraph (3) is inserted, with the following contents: " (3) Special protection measures for civil servants with powers of control and inspection, forced execution of budgetary claims, as well as for other categories of civil servants carrying out high-risk activities professional acts shall be established by normative acts, at the proposal of the National Agency of Public Servants or by public authorities and institutions, with the opinion of the National Agency of Public Servants. " 36. Article 43 shall read as follows: "" Art. 43. -(1) Public servants are prohibited from occupying management positions in the governing bodies or bodies, elected or appointed, of political parties, defined according to their statutes, of the organizations to which the same applies legal regime as well as political parties or foundations or associations that operate in addition to political parties. (2) High public officials are prohibited from being part of political parties, organizations to which the same legal regime is applicable as political parties or from foundations or associations operating in addition to political parties. (3) Civil servants have the obligation that, in the exercise of their duties, refrain from expressing or publicly manifesting their political beliefs and preferences, not to favor any political party or organization to which they are the same legal regime as political parties is applicable. " 37. Article 48 shall be repealed. 38. After Article 49 a new section is inserted, section 3 "Professional improvement of civil servants", comprising Articles 49 ^ 1-49 ^ 4, with the following contents: " SECTION 3 Professional training of civil servants Art. 49 ^ 1. -Civil servants have the right and obligation to continuously improve their skills and professional training. Art. 49 ^ 2. -(1) The public authorities and institutions are required to provide in their annual budget the amounts necessary to cover the expenses of professional development of public officials organized at the initiative or in the interest of the authority or public institution. (2) During the period during which the civil servants follow forms of professional improvement, they benefit from the due salary rights, if they are: a) organized at the initiative or in the interest of the public authority or b) followed at the initiative of the civil servant, with the consent of the head of the public authority (3) Public servants who follow forms of professional development, whose duration is more than 90 days in a calendar year, organized in the country or abroad, financed from the state budget or local budget, are obliged to commit in writing that they will work in public administration between 2 and 5 years after the end of the programs, in proportion to the number of professional refresher days, if for that program no other period is foreseen. (4) Civil servants who have followed forms of professional improvement, under the conditions of par. (3), whose service relations cease, according to the provisions of art. 84 lit. b), d) and e), of art. 84 ^ 1 para. ((1) lit. f) and g) or art. 84 ^ 2 para. ((1) lit. d), before the end of the stipulated period they are obliged to refund the value of the expenses incurred for the improvement, as well as, as the case may be, the salary rights received during the improvement, calculated under the conditions of the with the remaining period until the deadline. (5) Provisions of para. ((4) shall not apply where the civil servant no longer holds the public office for reasons not attributable to him. (6) If persons who have followed a form of improvement, but have not graduated from their fault, are obliged to return to the institution or public authority the value of the expenses incurred for improvement, as well as the rights salary received during the period of improvement, calculated under the law, if they were borne by the public authority or institution. Art. 49 ^ 3. -It does not constitute forms of professional improvement and cannot be financed from the state budget or from the local budget university studies or doctoral studies. Art. 49 ^ 4. -The authorities and public institutions have the obligation to communicate annually to the National Agency of Public Servants, under the law, the plan of professional improvement of public officials, as well as the funds provided for in the annual budget to cover the expenses of professional development of civil servants, organized at the initiative or in the interest of the public authority or institution. " 39 39. Letter i) of article 50 shall read as follows: "" i) has not been deposed from a public office or has not terminated his individual employment contract for disciplinary reasons in the last 7 years; ". 40. After Article 50 a new article is inserted, Article 50 ^ 1, with the following contents: "" Art. 50 50 ^ 1. -The filling of vacant public functions and temporary public functions may be made only under the conditions of this law. " 41. Article 51 shall read as follows: "" Art. 51. -Public functions shall be performed by: a) promotion; b) transfer; c) redistribution; d) recruitment; e) other modalities expressly provided for by this Law. " 42. After Article 51, three new articles are introduced, Articles 51 ^ 1, 51 ^ 2 and 51 ^ 3, with the following contents: "" Art. 51 51 ^ 1. -(1) The recruitment for the entry into the body of civil servants shall be made by competition, within the limits of the vacant public functions reserved for this purpose by the public office occupancy plan. (2) The conditions of participation and the procedure for organizing the contest shall be established according to the (3) The contest is based on the principles of open competition, transparency, professional merits and competence, as well as that of equality of access to public offices for every citizen who meets the legal conditions. (4) The announcement of the contest shall be published in the Official Gazette of Romania, Part III, and in a daily newspaper of wide circulation, at least 30 days before the date of the contest. Exceptionally, the 30-day period can be reduced, under the law, for the contest organized in order to fill the public functions of temporary vacant execution. (5) The minimum age conditions in the specialty of studies required to participate in the recruitment contest organized for the occupation of public execution functions shall be established as follows: a) one year in the specialty of studies necessary for the exercise of public office, for the occupation of public office of execution of assistant professional grade I, 8 months for the occupation of public office of execution of professional degree assistant from Class II or 6 months for the occupation of the public office of execution of professional grade assistant of Class III; b) 5 years in the specialty of studies necessary for the exercise of public office, for the occupation of public functions of execution of main professional degree; c) 9 years in the specialty of studies necessary for the exercise of public office, for the occupation of public functions of execution of higher professional degree. (6) The minimum conditions of seniority in the specialty of the studies required to participate in the recruitment contest organized for the occupation of public management positions shall be established a) 2 years in the specialty of studies necessary for the exercise of public office, for the occupation of leading public positions of: head office, head of service and secretary of the commune, as well as of specific public functions assimilated to them; b) 5 years in the specialty of studies necessary for the exercise of public office, for the occupation of public management positions, other than those provided in lett. a). (7) For participation in the recruitment contest organized for the filling of public management positions, candidates must have completed master or postgraduate studies in the field of public administration, management or in specialty studies necessary to exercise public office. Art. 51 ^ 2. -(1) The recruitment contest for vacant public offices in central public authorities and institutions is organized, under the law, as follows: a) by the commission provided for in art. 17 17 para. (1) for senior civil servants. The technical secretariat of the Commission shall be provided by the National Agency of Public Servants; b) by the National Agency of Public Servants, for the filling of general and specific public functions; c) by public authorities and institutions, with the opinion of the National Agency of Public Servants, for the occupation of general and specific public execution functions. (2) The recruitment contest for vacant public offices in the public authorities and institutions of the local public administration is organized, under the law, as follows: a) by the National Agency of Public Servants, for public management positions in the following areas: child protection, computerized record of the person, internal public audit, financial-accounting, urbanism and architecture, resources human, European integration, for the secretaries of administrative-territorial units, as well as for public execution functions in the field of internal public audit; b) by public authorities and institutions, for the occupation of vacant public offices, other than those provided in lett. a). (3) In the situation referred to in par. ((2) lit. b), the authorities and public institutions of the local public administration have the obligation to inform the National Agency of Public Servants before 10 days of starting the procedure for organizing and conducting competitions. If the National Agency of Public Servants finds that the legal conditions regarding the organization and conduct of competitions are not met, the organization and the suspension of the contest shall be postponed or suspended. (4) The National Agency of Public Servants may delegate to public authorities or institutions, under the law, the competence to organize recruitment competitions for the occupation of general and specific public management positions. Art. 51 ^ 3. -The contest for admission to programs organized under the law for obtaining the status of public manager is organized and managed by the competent institutions according to the law to organize such programs, with the opinion of the Agency National of Civil Servants. " 43. Paragraph 3 of Article 52 shall be repealed. 44. Paragraph 2 of Article 53 shall read as follows: " (2) In the case provided in par. ((1) lit. b) the internship period does not constitute seniority necessary for the public office. " 45 paragraphs 1, 2, 3 and 7 of Article 54 shall read as follows: "" Art. 54. -(1) The appointment to public offices in the category of senior civil servants shall be made in accordance with the provisions of art. 18 18 para. ((1). (2) The appointment in the public management positions for which the competition is organized under the conditions of art. 51 ^ 2 para. ((1) lit. b) and para. ((2) lit. a) is made by the administrative act issued by the heads of the public authorities or institutions of the central and local public administration, at the proposal of the National Agency of Public Officials. (3) The appointment in public offices for which the competition is organized under the conditions of art. 51 ^ 2 para. ((1) lit. c) and para. ((2) lit. b) is made by the administrative act issued by the heads of public authorities and public institutions of central and local public administration. ........................................................................................ (7) Submission of the oath provided in par. ((6) shall be recorded in writing. The refusal of the swearing-in shall be recorded in writing and shall draw the revocation of the administrative act of appointment The obligation to organize the swearing-in belongs to the person who has the legal competence to appoint 46. Article 55 shall read as follows: "" Art. 55. -In his career, the civil servant can promote to public office and advance to the pay steps, under the law. Promotion in the classroom, promotion to professional degrees and advancement in pay steps are not conditioned by the existence of a vacancy. " 47. Article 56 shall read as follows: "" Art. 56. --(1) Promotion is the way of career development by filling a higher public office. ((2) The promotion in the professional degree immediately superior to the one held by the civil servant is made by competition or examination, organized annually, by transforming the post occupied by the civil servant as a result of the promotion of the contest or examination The job description of the civil servant who has promoted to public office shall be completed with new duties and responsibilities. " 48. Article 57 shall read as follows: "" Art. 57. -(1) The promotion examination in the professional degree is organized by the public authority or institution, with the opinion of the National Agency of Public Servants, within the limit of public functions reserved for promotion, with the classification in the allocated budget funds. ((2) In order to participate in the promotion examination in the professional degree immediately superior to that held, the public official must cumulatively meet the following conditions: a) be at least 4 years old in the professional degree of public office from which they promote; b) be at least 2 years old in the salary step from which they advance; c) have obtained at least the "good" rating at the evaluation of individual performances in the last 2 years; d) not to have in the administrative record a disciplinary sanction not adjacent under the conditions of this law. (3) Civil servants who do not meet the conditions of seniority provided for promotion in the professional degree immediately superior to the detainee may participate in the organized contest, under the law, in order to promote quickly in public office. " 49. Article 58 shall read as follows: "" Art. 58. -In order to participate in the promotion contest in a leading public office, civil servants must cumulatively meet the following conditions: a) to be masters or postgraduate graduates in the field of public administration, management or in the specialty of studies necessary for the exercise of public office; b) be appointed to a public office in Class I; c) meet the specific requirements set out in the job description; d) meet the conditions laid down in art. 51 ^ 1 para. ((6); e) shall not have in the administrative record a disciplinary sanction not granted under the conditions of this law. " 50. After Article 58, a new article is inserted, Article 58 ^ 1, with the following contents: "" Art. 58 58 ^ 1. -Advancement in pay steps is done under the law on the unitary wage system of civil servants. " 51. Article 59 shall read as follows: "" Art. 59. -(1) Following the acquisition of a diploma of higher level studies in the specialty in which they operate, the civil servants of execution have the right to participate in the examination organized for the occupation of a public office in a class superior to the one in which they are assigned, under the law. (2) Promotion under the conditions of para. (1) shall be made by transforming the post occupied by the civil servant as a result of passing the examination. " 52 paragraphs 2, 3 and 4 of Article 60 shall read as follows: "(2) Following the evaluation of individual professional performances, the civil servant shall be granted one of the following qualifiers:" very good "," good "," satisfactory "," unsatisfactory ". ((3) The qualifications obtained in the professional evaluation shall be taken into account: a) advancement in the pay steps; b) promotion to a higher public office; c) release from public office. (4) In the process of evaluating the professional performance of civil servants, the training requirements of civil servants shall be established. " 53. After Article 60, the 5th section "Rapid promotion system in public office" is inserted, including Articles 60 ^ 1 and 60 ^ 2 with the following contents: " SECTION 5-a Rapid promotion system in public office Art. 60 ^ 1. -(1) I can benefit from the rapid promotion system in public office: a) persons who have completed programs organized, under the law, to obtain the status of public manager; b) public servants who have promoted the contest provided in art. 57 57 para. ((3). (2) They may participate in the contest provided in par. ((1) lit. b) public servants who cumulatively meet the following conditions: a) are at least 1 year old in the professional degree of public office from which they promote; b) have obtained the rating "very well" at the evaluation of the individual professional performances of the last year c) do not have in the administrative record a disciplinary sanction not granted under the conditions of this law; d) have at least followed a form of professional improvement in the last year. (3) The contest for the rapid promotion provided in art. 57 57 para. (3) shall be organized annually, by the National Agency of Public Servants, within the limit of the number of public offices reserved for rapid promotion. Art. 60 ^ 2. -(1) The period in which a person has followed organized programs, under the law, for obtaining the status of public manager is assimilated to the internship period. ((2) In case of non-promotion of the programs provided in (1), the internship period does not constitute seniority in the specialty of studies necessary for the occupation of public offices nor seniority in public office. 54. Article 62 shall read as follows: "" Art. 62. -(1) Paritary commissions shall be constituted within the public authorities and institutions. (2) A number of representatives appointed by the head of the public authority or institution and the representative union of civil servants shall enter into the composition of the commission. If the union is not representative or civil servants are not organized in the union, their representatives will be appointed by the vote of the majority of public officials in that authority or public institution. (3) The manner of formation, organization and functioning of the parity commissions, as well as their composition, duties and working procedure shall be established by Government decision, at the proposal of the National Agency of Public Servants. " 55 paragraphs 1 and 2 of Article 63 shall read as follows: "" Art. 63. -(1) The parity commissions are consulted in the following situations: a) to establish measures to improve the activity of public authorities and institutions for which they are constituted; b) to establish any measures regarding the professional training of civil servants, if their costs are borne by budget funds; c) the establishment of the working hours by the head of the public authority or institution; d) other situations provided by law. ((. In the exercise of their duties, the Joint Committee shall issue advisory opinions. " 56. After Article 64, a new article is inserted, Article 64 ^ 1, with the following contents: "" Art. 64 64 ^ 1. -(1) Any person who considers himself injured in his right or in a legitimate interest may apply to the court, under the law, against the authority or public institution that issued its act which refused to resolve the application for a subjective right or a legitimate interest. (2) If the action is admitted and the guilt of the civil servant is found, the person will be obliged to pay damages, severally with the public authority or institution. (3) The legal liability of the civil servant cannot be committed if he has complied with the legal provisions and administrative procedures applicable to the public authority or institution in which he operates. " 57 57. The letter k) of paragraph 2 of Article 65 shall read as follows: "k) other acts provided as disciplinary violations in the normative acts in the field of public office and civil servants." 58 58. The letter d) of paragraph 3 of Article 65 shall read as follows: "d) downgrade to the pay steps or downgrade to public office over a period of up to one year;". 59. Paragraph 5 of Article 65 shall read as follows: "(5) The disciplinary sanctions shall be applied no later than 1 year after the date of referral to the discipline commission regarding the commission of disciplinary misconduct, but not later than 2 years after the date of the disciplinary misconduct." 60. After paragraph 5 of Article 65, two new paragraphs are inserted, paragraphs 6 and 7, with the following contents: " (6) If the act of the civil servant has been referred to as disciplinary misconduct and as a criminal offence, the procedure of committing disciplinary liability shall be suspended until the non-commencement of prosecution, removal from prosecution or the termination of the criminal investigation or until the court orders the acquittal or termination of the criminal proceedings. (7) During the period of administrative research, where the civil servant who has committed a disciplinary misconduct may influence administrative research, the head of the public authority or institution shall have the obligation to prohibit access to the documents that may influence the research or, where appropriate, to order the temporary relocation of the civil servant to another compartment or to another structure of the authority or to the public institution. " 61. Article 66 shall read as follows: "" Art. 66. -(1) The disciplinary sanction provided for in art. 65 65 para. ((3) lit. a) may be applied directly by the person who has the legal competence to appoint to the public office. (2) The disciplinary sanctions provided for in art. 65 65 para. ((3) lit. b)-e) shall apply to the person who has the legal competence to appoint to the public office, on the proposal of the discipline commission. (3) The disciplinary sanctions may not be applied until after the prior investigation of the act committed and after the hearing of the civil servant. The hearing of the civil servant must be recorded in writing, under penalty of nullity. Refusal of the public official to appear at the hearings or to sign a declaration regarding the disciplinary deviations that are imputed to him shall be recorded in a minutes. " 62. Article 67 shall read as follows: "" Art. 67. -(1) For the analysis of the facts referred to as disciplinary violations and the proposal of the disciplinary sanction applicable to public officials in public authorities or institutions, discipline commissions are constituted. (2) A representative of the representative trade union organisation or, where appropriate, a representative appointed by the majority of the civil servants for whom the discipline committee is organised, shall also be a representative of the discipline committee, if the the union is not representative or civil servants are not organized in the union. (3) The discipline commission may designate one or more members and, as the case may be, require the control compartments within the public authorities or institutions to investigate the facts referred to and present the results of the research activity. (4) The discipline commission for senior civil servants is composed of 5 senior civil servants, appointed by the Prime Minister's decision, at the proposal of the Minister of Administration and Interior. (5) The procedure for the establishment, organization and functioning of the discipline commissions, as well as the composition, the attributions, the way of referral and their working procedure shall be established by Government decision, at the proposal of the National Agency of Civil servants. " 63 paragraphs 2 and 3 of Article 74 shall read as follows: " (2) If the civil servant is sent to trial for the commission of a crime of the nature of those provided in art. 50 lit. h), the person who has the legal competence to appoint to the public office will order the suspension of the civil servant from the public office he holds. (3) If the court orders the acquittal or termination of the criminal proceedings, the suspension from the public office shall cease and the respective public official shall resume its activity in the previously held public office and shall be paid the rights salary related to the suspension period. ' 64. After paragraph 4 of Article 74, a new paragraph (5) is inserted, with the following contents: " (5) Since the beginning of the criminal investigation, if the public official can influence the investigation, the person who has the competence of appointment to the public office has the obligation to order the temporary relocation of the public official within another compartment or other structure without legal personality of the authority or public institution. " 65. Article 75 shall read as follows: "" Art. 75. -(1) The mobility within the body of civil servants is carried out by amending the service relations, as follows: a) to streamline the activity of public authorities and institutions; b) in the public interest; c) in the interest of the civil servant, for career development in public office. ((2) The modification of the service relations of the civil servants of execution and of the public servants of the management shall take place a) delegation; b) secondment; c) transfer; d) moving within another compartment or other structure without legal personality of the public authority or institution; e) the temporary exercise of a public management function. (3) If the mobility of civil servants of execution and of public management officials is ordered in the public interest, under the law, civil servants cannot refuse to apply the measures provided in par. ((2) lit. b) and d), except in the cases provided in art. 77 77 para. ((3), under penalty of release from public office. In these cases, the modification of the service report shall be ordered by the person who has the power of appointment in the public office, with his opinion at the request of the National Agency of Public Servants. " 66. Paragraph 3 of Article 76 shall read as follows: "" (3) The delegation over a period of more than 60 calendar days in the course of a calendar year may be ordered only with the written consent of the civil servant. " 67. Paragraph 2 of Article 77 shall read as follows: " (2) Detachment may be ordered if the professional training of the civil servant corresponds to the duties and responsibilities of the public office, in compliance with the category, class and professional degree of the civil servant. The posting may also be ordered on a public management function, with the application of the provisions of art. 80 80 para. ((2), if the civil servant fulfils the conditions of studies and seniority in the specialty of studies and if there is no public office within the public authority or institution to exercise the public office temporarily. The civil servant may be posted on a lower public office only with his written 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 b) at the request of the civil servant ........................................................................................ (4) The transfer in the interest of the service is made in a public office of the same category, class and professional degree with public office held by the civil servant or in a public office of lower level. ((5) The transfer on request shall be made in a public office of the same category, class and professional grade or in a lower level public office, following the approval of the request for the transfer of the public official by the head of his authority the public institution where the transfer is requested. In this case, the transfer may take place only between public authorities or institutions in the central public administration, between autonomous administrative authorities or, as the case may be, between authorities or public institutions in the local public administration. " 69. After paragraph 5 of Article 78, two new paragraphs are inserted, paragraphs 6 and 7, with the following contents: " (6) In the case of public officials the transfer may be carried out on public management positions whose duties are similar to the duties of the public office on which the transfer is carried out, in compliance with the provisions of par. ((2), (4) and (5). (7) Public authorities or institutions are required to ensure the advertising of vacant public functions which may be filled by transfer upon request. If two or more civil servants request the filling of a vacant public office by transfer on request, the selection shall be made on the basis of an interview. " 70. Paragraph 2 of Article 79 shall read as follows: " (2) The definitive move within another compartment may take place in the following situations: a) when it is ordered by the head of the public authority or institution in which the public official operates, on a vacant public office of the same category, class and professional degree or with the distribution of the corresponding post public office held, in compliance with the professional training of the civil servant and his salary. In this case the written consent of the civil servant is required; b) at the justified request of the public official, with the approval of the head of the public authority or institution, on a public function of the same category, class and professional degree, in compliance with the professional training of the public official; c) in other situations provided by the legal provisions. " 71. After paragraph 3 of Article 79, three new paragraphs are inserted, paragraphs 4, 5 and 6, with the following contents: " (4) The temporary or final move within another compartment may be requested by the public official if the state of health, proven with a medical certificate, no longer allows him to carry out the activity in that compartment. The move can be made on an appropriate public function, if the civil servant in question is professionally fit to perform the new duties incumbent on him. (5) If the move is ordered in another locality, the civil servant shall benefit from the rights provided in art. 78 78 para. ((3). (6) The public official may refuse to move within another structure of the public authority or institution to another locality, if he is in one of the situations provided in art. 77 77 para. ((3). ' 72. Article 80 shall read as follows: "" Art. 80. -(1) The temporary exercise of a public management function is carried out by the temporary promotion of a public official who meets the specific conditions for filling this public office and who does not have in his record administrative disciplinary sanctions not adjacent under the present law. (2) If the public office is vacant, the measure provided in par. (1) shall be ordered by the person who has the competence of appointment in public office, for a maximum period of 6 months in a calendar year, as follows: a) with the opinion of the National Agency of Public Servants, for the functions within the public authorities and institutions of the central public administration; b) with the obligation of notification before at least 10 days of the National Agency of Public Servants, for public offices within the public authorities and institutions of the local public administration. If the National Agency of Public Servants finds that the legal conditions regarding the temporary exercise of a public management function are not met, it has the non-performance of the measure or, as the case may be, its termination. (3) Exceptionally, the period provided in par. (2) may be extended by a maximum of 3 months, with the opinion of the National Agency of Public Servants, if the public authority or institution has organized a recruitment or promotion contest and the public office has not been occupied, under the law. (4) If the public office is temporarily vacant, the measure provided in par. (1) shall be ordered by the person who has the competence of appointment in the public office, until the date of termination of the suspension from the public office, the posting of the holder of the public office or, as the case may be, the deletion from the administrative record of the public of the disciplinary sanction provided in art. 65 65 para. ((3) lit. d). (5) If the salary corresponding to the public office that it exercises with a temporary nature is higher, the civil servant shall be entitled to this salary. " 73. After Article 80 a new article is inserted, Article 80 ^ 1, with the following contents: "" Art. 80 80 ^ 1. -(1) Senior civil servants shall be subject to mobility in office and shall be subject to availability in the public offices referred to in art. 11, in compliance with art. 15 15 para. ((3). (2) Unfounded refusal of the appointments provided in par. (1) draws release from public office. (3) Public authorities and institutions are required to ensure the settlement of expenses occasioned by mobility, as well as service housing, under the law. " 74 74. Letters a) and h) of paragraph 1 of Article 81 shall read as follows: " a) is appointed or elected to a function of public dignity, for that period, with the exceptions provided for in art. 33 33; ........................................................................................ h) is on leave for temporary incapacity to work, for a period of more than one month, under the law; ". 75. After letter l) of paragraph 1 of Article 81, two new letters, letters l ^ 1) and l ^ 2 shall be inserted, with the following contents: " l ^ 1) if the prosecution was ordered for the commission of a crime of the nature of those provided in art. 50 lit. h); l ^ 2) during the administrative research period, if the civil servant who committed a disciplinary misconduct can influence the administrative research, on the reasoned proposal of the discipline commission; ". 76 paragraphs 2 and 3 of Article 81 shall read as follows: "" (2) Within 15 calendar days before the date of termination of the right of suspension of law, but no later than the date of becoming aware of the reason for the termination of the suspension of law, the civil servant is obliged to inform the person in writing which has the legal competence to appoint in the public office about this fact. Failure to inform the person who has the legal competence to appoint to the public office shall attract the termination of the service report of the public official, except in the cases provided in par. ((1) lit. f), h), i), k) and l). (3) The person who has the legal competence to appoint to the public office shall ensure, within 5 days from the expiry of the term provided in par. ((2), the conditions necessary for the resumption of activity by the civil servant. " 77 paragraphs 2, 3 and 4 of Article 82 shall read as follows: " (2) The service report may be suspended at the reasoned request of the public official, for a legitimate personal interest, in other cases than those provided in par. ((1) and in art. 81 81 para. (1), for a period of between one month and 3 years. (3) The application for suspension of the service report shall be made in writing, at least 15 calendar days before the date when the suspension is requested, except for the situation provided in par. ((1) lit. e), when the request for suspension is made 48 hours before the strike is triggered. (4) The suspension of the service report is found in the cases provided in par. ((1) and in art. 81 81 para. (1), as well as in other cases regulated by special laws, respectively shall be approved in the case provided in par. ((2), by administrative act of the person who has the competence of appointment in public office. " 78 paragraphs 1 and 3 of Article 83 shall read as follows: "" Art. 83. -(1) The resumption of activity shall be ordered by administrative act of the person who has the legal competence to appoint to the public office. ........................................................................................ (3) During the suspension of the service report, the public authorities and public institutions shall reserve the post related to the public office Its occupation is made, for a fixed period, under the law. During the period of suspension, the service relations of civil servants may not cease and may be amended only on the initiative or with the consent of the public official concerned. " 79. After paragraph 3 of Article 83, a new paragraph (4) is inserted, with the following contents: " (4) The period of suspension of service relations under the conditions of art. 81 81 para. ((1) lit. c) and art. 82 82 para. ((1) lit. c) shall be regarded as seniority. " 80. Article 84 shall read as follows: "" Art. 84. -The termination of service relations of civil servants shall be done by administrative act of the person who has the legal competence to appoint to the public office and takes place under the following conditions: a) of law; b) by agreement of the parties, recorded in writing; c) by release from public office; d) by dismissal from public office; e) by resignation. " 81. After Article 84, four new articles are inserted, Articles 84 ^ 1, 84 ^ 2, 84 ^ 3 and 84 ^ 4, with the following contents: "" Art. 84 84 ^ 1. -(1) The service report shall cease from law: a) at the time of the death b) on the date of irrevocable stay of the court decision declaring the death of the civil servant; c) if the civil servant no longer meets one of the conditions provided in art. 50 lit. a), d) and f); d) on the date of cumulative fulfilment of the standard age conditions and the minimum contribution period for retirement or, as the case may be, on the date of communication of the retirement decision for the age limit, early retirement, partial early retirement or invalidity of the civil servant, according to the law; e) following the finding of absolute nullity of the administrative act of appointment in public office, from the date on which the nullity was found by final and irrevocable court decision; f) when the civil servant was convicted by a final court decision for a deed provided for in art. 50 lit. h) or by which the application of a custodial sanction was ordered, at the time of the final and irrevocable stay of the sentencing decision; g) as a result of the prohibition of the exercise of the profession or office, as a safety measure or as a complementary punishment, from the date of final stay of the court decision ordering the ban; h) on the expiry date of the term in which the public office was occupied for a fixed period (2) The finding of the case of termination of the service report shall be made, within 5 working days from his intervention, by administrative act of the person who has the legal competence to appoint to the public office. The administrative act by which the termination of the service relations was found shall be communicated to the National Agency of Public Servants, within 10 working days of its issuance. Art. 84 ^ 2. -The person who has the legal competence to appoint to the public office will order the release from the public office by administrative act, which shall be communicated to the public official within 5 working days from the issue, in the following cases: a) the public authority or institution has ceased its activity or has been moved to another locality, and the civil servant does not agree to follow it; b) the public authority or institution reduces its staff as a result of the reorganization of the activity, by reducing the position occupied by the public official c) following the admission of the request for reintegration into the public office occupied by the civil servant of a public official issued or unlawfully dismissed or for unfounded reasons, from the date of final and irrevocable stay of the judgment the court by which reintegration was ordered; d) for professional incompetence, in case of obtaining the "unsatisfactory" rating at the evaluation of individual professional performances; e) the civil servant no longer fulfils the condition provided in art. 50 lit. g); f) the state of physical or/and mental health of the civil servant, established by decision of the competent bodies of medical expertise, no longer allows him to perform his duties corresponding to the public office held; g) as a result of the unfounded refusal of the high public official of acceptance of the appointment under the conditions of art. 80 80 ^ 1. (2) The situations provided in par. ((1) lit. a)-c) and e)-g) represent reasons not attributable to civil servants. ((. In the case of release from public office, the public authority or institution shall be obliged to give public servants 30 calendar days ' notice. (4) During the period of notice, the person who has the legal competence to appoint to the public office may grant the person concerned the reduction of the working hours, up to 4 hours daily, without affecting the due salary rights. (5) In the cases provided in par. ((1) lit. b), c) and e), during the period of notice, if appropriate vacant public functions exist within the public authority or institution, it has the obligation to make them available to civil servants. (6) In the cases provided in par. ((1) lit. a)-c) and e), if there are no corresponding public vacancies within the public authority or institution, the authority or the public institution has the obligation to request the National Agency of Public Servants, during the notice period, the list public holiday functions. If there is an appropriate public holiday function, identified during the notice period, the civil servant will be transferred in the interest of his or her on-demand service. (7) The public management official shall take priority in filling a vacant public office of a lower level. Art. 84 ^ 3. -(1) In case of reorganization of the public authority or institution, civil servants shall be appointed to the new public offices or, as the case may be, in the new compartments in the following cases: a) modify the tasks related to a public office less than 50%; b) the duties of a compartment are reduced; c) the name is changed without changing more than 50% of the tasks related to the public office; d) the compartment structure is changed. (2) Application of para. ((1) shall be subject to the following criteria: a) category, class and, where applicable, the professional degree of the civil servant; b) meeting the specific criteria set for public office; c) professional training; d) have carried out similar activities. (3) If there are several civil servants, the examination shall be organized by the public authority or institution. ((4) The reduction of a post shall be justified if the tasks related to it change more than 50% or if the specific conditions of employment of that post are amended. (5) In case of reorganization of activity by reducing posts, the public authority or institution may not set up posts similar to those abolished for a period of one year from the date of reorganization. Art. 84 ^ 4. -(1) The dismissal from the public office is ordered, under the conditions of art. 66, by administrative act of the person who has the legal competence of appointment in public office, as disciplinary sanction applied for reasons attributable to the public official, in the following cases: a) for repeated commission of deviations disciplinary or disciplinary misconduct which has had serious consequences; b) if a legal reason for incompatibility has arisen, and the civil servant does not act to terminate it within a period of 10 calendar days from the date of intervention of the incompatibility case. (2) The administrative act provided in par. ((1) shall be communicated to the public official within 5 working days from the date of issue. The communication of the administrative act must be made before the date of dismissal from public office. " 82. Article 85 shall read as follows: "" Art. 85. -The public official may communicate the termination of service relations by resignation, notified in writing to the person who has the legal competence to appoint to the public office. The resignation shall not be motivated and shall take effect after 30 calendar days after registration. " 83. Article 86 shall read as follows: "" Art. 86. -(1) Upon modification, suspension and termination of the service report the civil servant shall have the duty to hand over the works and the goods entrusted to him for the performance of his duties. (. At the end of the service report the civil servant shall retain the rights acquired during his career, unless the service report has ceased for reasons attributable to him. (3) Civil servants shall enjoy rights from the unemployment insurance budget, if the service reports have ceased to them under the conditions laid down in: a) art. 84 ^ 1 para. ((1) lit. c), unless the public official no longer meets the condition provided for in art. 50 lit. a); b) art. 84 ^ 1 para. ((1) lit. e) and h); c) art. 84 ^ 2 para. ((1). ' 84. Paragraph 2 of Article 87 shall read as follows: "" (2) The redistribution of civil servants shall be made in a public office of the same category, class and professional degree with public office held by the civil servant. " 85. After paragraph 3 of Article 87, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) Redistribution in a public management function is made in compliance with par. ((2) or, as the case may be, para. ((3) only if the civil servant has performed duties similar to the duties of the public office on which the redistribution is carried out. " 86. Paragraph 1 of Article 88 shall read as follows: "" Art. 88. -(1) The reserve corps consists of civil servants who have been released from public office under the conditions of art. 84 ^ 2 para. ((1) lit. a)-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) If the service report has ceased for reasons that the civil servant considers to be non-valid or unlawful, he may ask the administrative court to annul the administrative act by which it was found or otherwise. ordered the termination of the service report, under the conditions and time limits Law of Administrative Litigation no. 554/2004 , as amended, as well as the payment by the public authority or institution issuing the administrative act of a compensation equal to the salaries indexed, increased and recalculated, and with the other rights to which it would have benefited the civil servant. " 88. After Article 91, seven new articles are introduced, Articles 91 ^ 1 to 91 ^ 7, with the following contents: "" Art. 91 91 ^ 1. -The cases that have as object the service report of the civil servant are the competence of the administrative courts, except for the situations for which the competent law of other courts is expressly established by law. Art. 91 ^ 2. -The authorities and public institutions provided for in art. 5 5 para. (1) have the obligation to harmonize the special statutes with the provisions of this law, in consultation with the opinion of the National Agency of Public Servants. Art. 91 ^ 3. -(1) The authorities and public institutions that have provided in the states of functions posts of a contractual nature, which involve the exercise of powers among those provided in art. 2 2 para. (3), have the obligation to establish public functions under the conditions of art. 90. (2) Public holidays, public management functions, as well as public functions corresponding to the category of senior civil servants, established according to par. (1), shall deal under the conditions of this law. (3) Persons with an individual employment contract for an indefinite period in contracts of a contractual nature that have been established and approved as public offices shall be appointed to public office of execution if they meet the conditions laid down in art. 50 and the conditions of seniority in the specialty of studies corresponding to the class and professional degree of civil (4) The salary rights of persons who occupy public office under the conditions of par. (3) are established according to the salary of the public functions in which they were appointed. Art. 91 ^ 4. -(1) The total number of public management positions within each public authority or institution, except for the public functions of secretary of the administrative-territorial unit and the head of the prefectural office, shall be a maximum of 12% of the total number of public functions. (2) By way of exception, within the own apparatus of the ministries, of the other specialized bodies of the central public administration and of the public institutions subordinated to them, the share of the public management functions may be established, on the basis of the justification of the public authority or institution, not more than 15% of the total number of public functions (3) It is exempted from the provisions of par. ((2) art. XVI of Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignity, public functions and in the business environment, prevention and sanctioning of corruption, with subsequent amendments and completions, the own apparatus of ministries, of the other specialized bodies of the central public administration and their subordinate public institutions. Art. 91 ^ 5. -Programs organized for obtaining the status of public manager according to art. 60 ^ 1 para. ((1) lit. a) are the programs provided by Government Emergency Ordinance no. 56/2004 on the creation of the special status of the civil servant, called public manager, approved with amendments and additions by Law no. 452/2004 , as amended and supplemented, as well as by Law no. 157/2004 on the establishment of the special scholarship "Government of Romania" for the training of public sector managers, as amended. Art. 91 ^ 6. -The provisions of this law shall also apply to the autonomous administrative authorities. Art. 91 ^ 7. -By exception to the provisions of art. 17 17 para. (1), the recruitment commission shall be constituted within 60 days from the date of entry into force of this Law, as follows: a) a member appointed for a period of one and a half years; b) a member appointed for a period of 3 years; c) a member appointed for a period of 4 and a half years; d) a member appointed for a period of 6 years; e) a member appointed for a period of 7 and a half years; f) a member appointed for a period of 9 years; g) a member appointed for a period of 10 and a half years. " + Article II Annex to Law no. 188/1999 on the Statute of civil servants, republished, as amended, shall be replaced by the Annex which forms an integral part of this Law. + Article III Law no. 188/1999 on the Statute of civil servants, republished in the Official Gazette of Romania, Part I, no. 251 of March 22, 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. + Article IV (1) By way of exception to the provisions of this law, during 2006, may participate in the contest organized for the entry into the category of senior civil servants persons who meet the conditions laid down in art. 15 15 para. ((2) lit. a)-c) of Law no. 188/1999 on the Statute of civil servants, republished, as amended, as well as with the amendments and additions made by this Law. (2) Until the adoption of the Government decision art. 17 17 para. ((3) of Law no. 188/1999 , republished, as amended, as well as with the amendments and additions brought by this law, the contest organized for entry into the category of senior civil servants is managed by the commission for the recruitment of senior officials public appointed by Prime Minister's Decision no. 38/2006 on the appointment of the Competition Commission and the Commission for the resolution of appeals for the recruitment of senior civil servants, published in the Official Gazette of Romania, Part I, no. 314 314 of 7 April 2006. (3) By exception to the provisions of this law, may occupy a public office in the category of senior civil servants persons who have passed the attestation examination, as well as persons who have entered the category of senior civil servants under the conditions of ((1). (4) Civil servants who occupy a public office in the category of senior civil servants under the conditions of par. ((3) and civil servants occupying a public office corresponding to the category of senior civil servants who on the date of entry into force of this Law do not meet the condition provided for art. 15 15 para. ((2) lit. d) of Law no. 188/1999 , republished, as amended, as well as with the amendments and completions brought by this law, have the obligation to fulfill this condition within 2 years from the date of entry into force of this law, under penalty of release from public office. (5) The condition provided for in art. 51 ^ 1 para. ((7) of Law no. 188/1999 , republished, as amended, as well as with the amendments and additions made by this law, is not mandatory, for the recruitment of leading public officials, in the case of the temporary exercise of a public office of management, as well as for civil servants who occupy a public management position, for a period of 4 years from the date of entry into force of this law. (6) Civil servants referred to in par. ((5) are obliged to fulfil the condition laid down in art. 51 ^ 1 para. ((7) of Law no. 188/1999 , republished, as amended, as well as with the amendments and completions brought by this law, within the stipulated period, under the sanction of release from public office. + Article V (1) The secretaries of communes who, on the date of entry into force of this law, do not have higher legal or administrative studies can retain their public office, with the obligation that within 3 years to complete a long-term higher education form in legal specialty or public administration, under penalty of release from office. (2) If the contests organized for the public office of secretary of the commune do not present persons who meet the conditions of studies provided in par. (1) and/or the conditions of seniority in the specialty of legal or administrative studies, persons who do not meet these conditions may also run In this situation, the occupation of the public office of secretary is made for a fixed period, with the obligation to organize the contest for its occupation. + Article VI Condition of the art. 51 ^ 1 para. ((7) of Law no. 188/1999 , republished, as amended, as well as with the amendments and additions made by this law, shall be deemed fulfilled for the civil servants who have graduated, until the date of entry into force of this law, training programs and perfecting in public administration, organized by the National Institute of Administration, the regional training centers continue for local public administration, as well as other specialized institutions, in the country or abroad, with the duration of minimum one year, or which, on the date of entry into force of this law, follows one of the forms of education mentioned, subject to the completion of these studies within the prescribed period. + Article VII (1) Within 6 months from the date of entry into force of this Law, at the proposal of the National Agency of Public Servants, by decision of the Government, it is approved: a) the rules on the organization and development of the career of b) the rules on the organization and functioning of the discipline commissions; c) rules on the organization and functioning of the parity commissions and conclusion of collective agreements; d) rules on the mobility of senior civil servants. (2) Within 10 months from the date of entry into force of this Law, at the proposal of the National Agency of Public Servants, by decision of the Government, it is approved: a) rules on the professional training of civil servants; b) the regulation of organization and conduct of specialized training programs provided by this law. (3) Until the adoption of the Government decisions provided in par. ((1) lit. a)-c) the provisions shall apply accordingly Government Decision no. 1.209/2003 on the organization and development of the career of civil servants, published in the Official Gazette of Romania, Part I, no 757 757 of 29 October 2003, as amended, and of Government Decision no. 1.210/2003 on the organization and functioning of the discipline commissions and the parity commissions within the public authorities and institutions, published in the Official Gazette of Romania, Part I, no. 757 757 of 29 October 2003. + Article VIII The procedure for organizing and conducting contests, the procedure for the appointment of civil servants and the disciplinary procedure, ongoing on the date of entry into force of this law, shall be completed according to the provisions in force on the date initiating these procedures. + Article IX The "exceptional" and "very good" qualifications obtained by civil servants at the evaluation of individual professional performances until the date of entry into force of this law assimilate with the rating "very good", and the "good" rating is equates to the "good" rating. + Article X Provisions art. 49 ^ 3 of Law no. 188/1999 on the Statute of civil servants, republished, as amended, as well as with the amendments and completions brought by this law, shall not apply to the expenses already committed at the date of entry into force of this Law. + Article XI The conditions of seniority of art. 57 57 of Law no. 188/1999 on the Statute of civil servants, republished, as amended, as well as with the amendments and additions made by this Law, shall not apply to civil servants who have fulfilled the conditions laid down by law at the time Appointment to the public office. + Article XII (1) In 2006, the promotion to a higher public office holiday is done by competition or examination. (2) In order to participate in the contest for promotion to a public office of execution from the main professional degree, civil servants must meet the following minimum conditions: a) have a minimum age of 2 years in the public execution functions of the assistant professional degree, in the class corresponding to the graduate studies; b) to have obtained, at the evaluation of the individual professional performances of the last 2 years, at least the "very good" rating; c) meet the specific requirements set out in the job description. ((3) In order to participate in the contest for promotion to a public office of execution from the higher professional degree, civil servants must meet the following minimum conditions: a) have a minimum age of 2 years in the public execution functions of the main professional degree or 4 years in the public execution functions of the assistant professional degree, in the class corresponding to the graduate studies; b) to have obtained, at the evaluation of the individual professional performances of the last 2 years, at least the "very good" rating; c) meet the specific requirements set out in the job description. + Article XIII This law shall enter into force 15 days from the date of publication in the Official Gazette of Romania, Part I, except for the provisions of art. 29 29, 56, 57, 58 ^ 1 and ale art. 60 ^ 1 para. ((1) lit. b) of Law no. 188/1999 , republished, as amended, as well as with the amendments and additions made by this Law, which shall enter into force on 1 January 2007. + Article XIV On the date of entry into force of this Law the provisions of XV para. ((2) and (3), art. XVI para. ((4)-(6) as well as the art. XX of Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, public functions and in the business environment, prevention and sanctioning of corruption, published in the Official Gazette of Romania, Part I, no. 279 279 of 21 April 2003, as amended and supplemented, and any other provisions to the contrary shall be repealed. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 23, 2006. No. 251. ---- + Annex LIST including public functions I. General public functions A. Public functions corresponding to the category of senior civil servants 1. Secretary General of the Government; 2. Deputy Secretary General of the Government; 3. general secretary of ministries and other specialized bodies of central public administration; 4. Deputy Secretary-General of Ministries and other specialized bodies of the central public administration; 5. Prefect; 6. sub-prefect; 7. Government inspector. B. Public Management Functions 1. general manager of the autonomous administrative authorities, ministries and other specialized bodies of the central public administration; 2. Deputy Director-General of the Autonomous Administrative Authorities, the apparatus of ministries and other specialized bodies of the central public administration; 3. secretary of the county and the city of Bucharest; 4. director of the autonomous administrative authorities, of the apparatus of ministries and other specialized bodies of the central public administration, executive director in the devolved public services of ministries and of other specialized bodies of the central public administration, as well as within the local public administration authorities and their subordinate public institutions; 5. deputy director of the autonomous administrative authorities, the apparatus of ministries and other specialized bodies of the central public administration, deputy executive director of the devolved public services of the ministries and other specialized bodies of the central public administration, as well as within the local public administration authorities and their subordinate public institutions; 6. secretary of the municipality, of the sector of Bucharest, of the city and commune; 7. Head of service; 8. Head office. C. Public Execution Functions 1. counselor, legal adviser, auditor, expert, inspector; 2. specialist reviewer; 3. reviewer. NOTE: 1. General public functions other than those referred to in point (a) I, shall be established with the opinion of the National Agency of Public Servants. 2. The public functions provided in lett. B point 1 and 2 can also be established within the public authorities and institutions of the local public administration that have a minimum of 150 posts. 3. The public driving functions referred to in lit. B point 7 7 and 8, as well as the public execution functions provided in lett. C may be state, territorial or local public functions. II. Specific public functions A. Public management functions 1. Chief architect. B. Public execution functions 1. Competition inspector; 2. customs inspector; 3. labour inspector; 4. delegated controller; 5. expert in information technology and telecommunications; 6. Commissioner. C. Other specific public functions 1. public manager. NOTE: Specific public functions other than those referred to in point II, may be established by the public authorities and institutions, with the opinion of the National Agency of Public Servants. -------