Law No. 31 Of January 15, 2007 Concerning The Reorganisation And Functioning Of People Science Academy From Romania

Original Language Title:  LEGE nr. 31 din 15 ianuarie 2007 privind reorganizarea şi funcţionarea Academiei Oamenilor de Ştiinţa din România

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Law No. 31 of January 15 2007 (* updated *) on the reorganisation and functioning Academy scientists from Romania (updated until 21 December 2014 *) ISSUER-PARLIAMENT------Parliament adopts this law.


Chapter I General provisions Article 1 (1) Academia scientists from Romania is for national consecration, which brings together scientific personalities representative of science.
  

(2) the Academy of scientists from Romania, called hereafter AOSR, is public institution with legal personality under public law, autonomous.
  

(3) is the sole repository AOSR and legatar of the Academy of Sciences from Romania who worked during the period of 1936-1948 and scientists from Romania, established by decision of the Council of Ministers No. 1,012 of 30 May 1956, which changed its name from Association of scientists from Romania in the Academy scientists from Romania by judgment of 3 October 1996, adopted by the District Court sector 1 Bucharest.
  


Article 2 headquarters of the AOSR is in Bucharest, Splaiul Independentei No. 54, 5.


Article 3 main tasks of conceiving, are: AOSR promoting, developing, supporting and protecting the science in all ways, and direct, indirect methods or adjacent.


Article 4 in carrying out its duties, the Romanian Academy recognizes the AOSR as the highest for the national scientific and cultural consecration and cooperate with academies for branch profile, with the Ministry of education and research, scientific institutions and organizations, academic research and education in the country and abroad.


Chapter II establishment and operation of article 5 (1) reorganizing AOSR and operates under the provisions of this law and its own statutes, adopted by the General Assembly of members, which shall be approved by decision of the Government.
  

(2) scientific representative AOSR brings together personalities with a high spiritual and moral deportment, which have distinguished themselves through the results of the work, including with regard to the development and promotion of prestige and academic institutions as well as institutions, through their activities, have contributed to the development of science and intellectual creation.
  

(3) hold its AOSR members, full members, corresponding members and associate members.
  

(4) honorary members are Romanian citizens or foreigners who have distinguished achievements in science or by contributions made to the development of the objects of the AOSR and prestige AOSR.
  

(5) members and correspondents are Romanian citizens elected for life from among the persons referred to in paragraph 1. 2. The maximum number of full members and correspondents is 250, 150 of which are full members. Founding members of the AOSR are full members of the Academy. The number of honorary members, residents in the country, is a maximum of 40.
  

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Alin. (5) article. 5 was amended by section 1 of article in law No. 241 of 23 June 2009 published in Official Gazette No. 445 of 29 June 2009.

6. Associate members are those natural or legal persons who through scientific activity performed or material contributions, support and assist the development of the objects of the AOSR and prestige AOSR.
  

(7) members of the AOSR can't wear the title of academician.
  


Article 6 title may be granted and AOSR member of honour posthumously some personalities of science.


Article 7 criteria for selection or election of new members of the AOSR shall be determined by the statutes, and procedures, through regulation.
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Art. 7 was amended by section 2 of article in law No. 296 of November 2, 2007, published in MONITORUL OFICIAL nr. 759 of 8 November 2007.


Article 8 (1) full members of the AOSR receive a gross monthly allowance of 2,000 lei, while the corresponding members shall receive a gross monthly allowance of 1,400 lions, if they are not the beneficiaries of another academic benefits. Honorary members receive a gross monthly allowance of 1,000.
  

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Alin. (1) of article 1. 8 was amended by section 2 of article in law No. 241 of 23 June 2009 published in Official Gazette No. 445 of 29 June 2009.

(2) the members of the Presidium of the AOSR, Honorary, and members of the Scientific Council shall receive a monthly allowance increased by 20%.
  

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Alin. (2) of article 9. 8 was amended by section 3 of article in law No. 296 of November 2, 2007, published in MONITORUL OFICIAL nr. 759 of 8 November 2007.

(3) monthly Allowances are indexed annually with the inflation rate be communicated by the National Institute of statistics for the year preceding that in which payment is made to the rights and shall be taken into account in the calculation of the pension.
  

(4) full members of the AOSR who are members of other academies and opt for a single allowance.
  

(5) the surviving spouse, minor children, and survivors of members who hold AOSR, receive monthly toll free support material, according to law No. 86/1998 concerning the granting of material support for the surviving spouse and descendants of members of the Romanian Academy.
— — — — — — — — — — —-. (5) article. 8 has returned to its original form as a result of the rejection of the EMERGENCY ORDINANCE nr. 79 as of September 1, 2010, published in MONITORUL OFICIAL nr. 638 of 10 September 2010 by law No. 215 of 2 July 2013, published in MONITORUL OFICIAL nr. 401 of 3 July 2013.

6. the titular members receive legal rights for AOSR movements in the interest of the AOSR, at home or abroad.
  

(7) the rights referred to in paragraph 1. (1) to (6) shall be granted within the limits of the budget approved AOSR.
  

— — — — — — — — — — —-. (7) article. 8 was amended by section 1 of article. 12 of ORDINANCE No. 29 of august 27, 2013, published in MONITORUL OFICIAL nr. 550 august 30, 2013.


Article 9 (1) for the proper conduct of the work of the AOSR, under its scientific sections are organized by specialty and territorial branches, according to its own statutes.
  

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Alin. (1) of article 1. 9 has been modified by point 3 of article in law No. 241 of 23 June 2009 published in Official Gazette No. 445 of 29 June 2009.

(2) may establish branches in the AOSR abroad and may be a member of some organizations and scientific organizations from other countries or international.
  

(3) under the AOSR work as units with or without legal personality, the territorial branches, organized in major scientific and cultural centers of the country, as well as institutes and centers for scientific research. The Organization and functioning of territorial branches and institutes/centres will be established by statute.
  

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Alin. (3) art. 9 was amended by section 5 of article in law No. 296 of November 2, 2007, published in MONITORUL OFICIAL nr. 759 of 8 November 2007.

(4) the Branch is headed by a President, Member of the AOSR, unpaid, elected by the general meeting of members of the branch. The President's term of Office is four years and can be re-elected. The number of seats is not limited.
  

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Alin. (4) article. 9 has been modified by point 3 of article in law No. 241 of 23 June 2009 published in Official Gazette No. 445 of 29 June 2009.

(5) it shall constitute its Subsidiary from among its members a Bureau comprised of leadership: the President of the subsidiary, a Secretary and 1-3 members elected by vote. Decisions of the Office shall be ratified driving the Assembly Director.
  

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Alin. (5) article. 9 was introduced by section 6 of article in law No. 296 of November 2, 2007, published in MONITORUL OFICIAL nr. 759 of 8 November 2007.

(6) the President shall have the following duties: branch a) represents its branch in all relationships and solve problems;
  

b) liaises between the AOSR and subsidiary;
  

c convene meetings) and leads the Bureau subsidiary and the subsidiary;
  

d) seeks to comply with the decisions of the Assembly Director and the Office of the Board of the subsidiary;
  

e) presents annual reports on the work of the branch;
  

f) coordinates the activity of the work of the subsidiary and issue decisions, according to the Statute, relating to the staff of subordinates.
  

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Alin. (6) article. 9 was introduced by section 6 of article in law No. 296 of November 2, 2007, published in MONITORUL OFICIAL nr. 759 of 8 November 2007.


Chapter III article 10 AOSR Leadership Leadership activity shall ensure that the AOSR general meeting, the Scientific Council, the Presidium of the AOSR President.


Article 11 (1) the General Assembly is the supreme governing body of the AOSR and consists of full members, corresponding members and honorary members. To participate in the general meeting and the Directors-General of scientific institutions, as well as other institutions subordinate to the AOSR.
  

(2) the General Assembly shall have the following main tasks: to adopt the Statute of the AOSR), amended and supplemented, subject to the approval of the Romanian Government, through ruling;
  


b) approve inspection account and annual budget of the AOSR as well as activity programs and annual scientific perspective;
  

(c) election of the members approve the AOSR) validated by the Presidium of the Council, on a proposal from AOSR Honorary;
  

d) elect the President, Vice-President and Secretary of the scientific members, in accordance with the provisions of the Statute. The term of Office of elected officers is four years, which may be renewed once only;
  

— — — — — — — — — — — — — —) (d) of paragraph 1. (2) of article 9. 11 amended by point 7 of article in law No. 296 of November 2, 2007, published in MONITORUL OFICIAL nr. 759 of 8 November 2007.

(3) the General Assembly shall meet in ordinary session once a year and whenever necessary, at the request of the President of the Scientific Council of the AOSR, or two-thirds of the AOSR membership.
  

(4) the General Assembly is legally formed in the presence of two thirds of its members and adopt decisions by a majority vote valid simple AOSR members present. If the first summon is not meeting a quorum of two thirds of the legal number of members of the AOSR, within 30 days, it shall convene a new general meeting, which shall be considered legally constituted with the number of members present.
  

(5) the General Assembly shall decide upon the modalities of voting. With regard to the election of members of the leadership of the AOSR, this is done in the General Assembly by secret ballot.
  


Article 12 (1) the Scientific Council shall ensure the leadership of the General Assembly sessions between the AOSR.
  

(2) the Scientific Council shall be composed of the members of the Presidium, the Presidents of the sections and the Presidents of subsidiaries.
  

3. the Scientific Council shall meet semi-annually and whenever necessary and shall be convened by the Chairman of the Presidium of the AOSR AOSR, or two thirds of the number of its members.
  


Article 13 (1) the Presidium shall ensure the AOSR operatively and consists of a President, Vice Presidents and the Scientific Secretary.
  

(2) the Presidium AOSR meets monthly or whenever necessary and shall be convened by the President of the AOSR a numbers or two thirds of its members.
  

(3) the members of the Presidium of the AOSR also function within the AOSR. During the period of their mandate may not exert leadership positions outside the AOSR.
  

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Alin. (3) art. 13 was introduced by section 4 of the article from the law. 241 of 23 June 2009 published in Official Gazette No. 445 of 29 June 2009.


Article 14 (1) the President shall represent the AOSR AOSR in relations with third persons or entities and is the originator of the main credits.
  

— — — — — — — — —-. (1) of article 1. 14 he returned to form in the publication, by repealing item 2 of article. 12 of ORDINANCE No. 29 of august 27, 2013, published in MONITORUL OFICIAL nr. 550 of 30 august 2013 by point 1 of article 2. in accordance with law No. 168 of 16 December 2014, published in MONITORUL OFICIAL nr. 922 18 December 2014.

(2) the President of the Scientific Council is the President of the AOSR and the AOSR Executive Committee and leads the General Assembly works and structures the AOSR.
  

(3) In exercise of his powers, President of the AOSR issue decisions.
  

(4) if the Chairman is unable to exercise the AOSR privileges for a period greater than 30 days, he will be replaced by one of the Vice-Chairpersons, designated, as appropriate, by the President or by the Presidium of the AOSR.
  


Article 15 The AOSR President level does an honorary Advisory Board, made up according to the Statute, designed to ensure the stability and continuity of the work of the AOSR.


Article 16 (1) the specific duties of the Vice-Presidents of the AOSR fulfilling scientific sections coordination, external relations, subsidiaries, and other tasks set by the AOSR President and established the AOSR.
  

(2) the Secretary shall ensure, by means of scientific apparatus working at central level, the functional connections between scientific departments, and territorial branches between them, as well as those with third parties and meets atribuţiunile entrusted the AOSR President and established the AOSR.
  


Article 17 of the mandate of the President, Vice-Presidents of the AOSR and the Scientific Secretary shall terminate at the expiry of which they have been elected or by decision of the General Assembly of the AOSR if they are unable to perform their duties or their resignation.


Article 18 Powers of the Scientific Council of the AOSR,, of the Presidium of the AOSR, President, Honorary Council AOSR and the workings of them shall be determined by the Statute of the AOSR.


Article 18 ^ 1 own revenue of institutions of higher education can be used in accordance with the legislation in force, for the rehabilitation and strengthening of the operational plan approved.
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Art. 18 ^ 1 was introduced by section 2 of art. in accordance with law No. 168 of 16 December 2014, published in MONITORUL OFICIAL nr. 922 18 December 2014, introducing item 2 ^ 1 of art. 12 of ORDINANCE No. 29 of august 27, 2013, published in MONITORUL OFICIAL nr. 550 august 30, 2013.


Chapter IV of the working Device of the AOSR and subordinated units in article 19 (1) the AOSR work has a centrally and regionally.
  

(2) the organizational structure of the device working at central level and regionally, as well as institutes and research centres situated in the subordination of the AOSR are approved by the Presidium of the AOSR States functions, on the proposal of the Chairman the Secretary AOSR.
  

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Alin. (2) of article 9. 19 was amended by section 8 of article in law No. 296 of November 2, 2007, published in MONITORUL OFICIAL nr. 759 of 8 November 2007.
(2 ^ 1) Staffing requirements, the criteria for establishing the compartments and functions for subordinate units shall be approved by the President on the proposal of the Secretary AOSR scientifically with employment and the maximum number of posts approved for the AOSR through annual budgetary laws.
— — — — — — — — — — —-. (2 ^ 1), art. 19 has returned to its original form as a result of the rejection of the EMERGENCY ORDINANCE nr. 79 as of September 1, 2010, published in MONITORUL OFICIAL nr. 638 of 10 September 2010 by law No. 215 of 2 July 2013, published in MONITORUL OFICIAL nr. 401 of 3 July 2013.

(3) Hiring, termination of service and the remuneration of staff at the central level and of the territorial branches are made in accordance with the legal provisions applied to staff and budget shall be approved by the President on the proposal of the Secretary AOSR.
  

— — — — — — — — — — —-. (3) art. 19 has returned to its original form as a result of the rejection of the EMERGENCY ORDINANCE nr. 79 as of September 1, 2010, published in MONITORUL OFICIAL nr. 638 of 10 September 2010 by law No. 215 of 2 July 2013, published in MONITORUL OFICIAL nr. 401 of 3 July 2013.


Chapter V Finance and patrimony of the AOSR Article 20 (1) the financing of the costs of maintenance, operation and allowances shall be ensured from own income and from subsidies granted from the State budget, in accordance with the annual budgetary laws.
  

— — — — — — — — —-. (1) of article 1. 20 was amended by section 3 of article 9. in accordance with law No. 168 of 16 December 2014, published in MONITORUL OFICIAL nr. 922 18 December 2014, which amends section 3 of article 9. 12 of ORDINANCE No. 29 of august 27, 2013, published in MONITORUL OFICIAL nr. 550 august 30, 2013.

(2) the income of the AOSR originate from: research grants, sponsorships, donations, fees, rent, publications, studies, scientific advice, editorials, opinions, studies of exploiting some of movable and immovable property from its own heritage, as well as other activities carried out.
  

— — — — — — — — — — —-. (2) of article 9. 20 was amended by section 3 of article 9. 12 of ORDINANCE No. 29 of august 27, 2013, published in MONITORUL OFICIAL nr. 550 august 30, 2013.
(2 ^ 1) Research centers within the scientific specialized sections operate based on the principle of cost-efficiency criterion and self-supporting. Funds raised from grants, sponsorships, donations, and other assets-revenue, 80% remain available to exclusive research centres for the support and financing of their own activity and the remaining 20% constitute income of the AOSR.
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Alin. (2 ^ 1), art. 20 was introduced by the pct article 11 in the law. 296 of November 2, 2007, published in MONITORUL OFICIAL nr. 759 of 8 November 2007.
(2 ^ 2) The work of the institutes and research centres within the AOSR is organized as an activity financed entirely from own income and is subject to the laws on public finances. The budget of revenue and expenditure for activities financed entirely from own revenue budget is approved with the AOSR.
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Alin. (2 ^ 2) of art. 20 was amended by section 5 of article in law No. 241 of 23 June 2009 published in Official Gazette No. 445 of 29 June 2009.
(2 ^ 3) The President is remunerated at the level of Member of the Government, and the positions of Vice President and Secretary, the Secretary of State level. — — — — — — — — — — — —

Paragraphs 1 and 2. (2 ^ 3) of art. 20 returned to its original form as a result of the rejection of the EMERGENCY ORDINANCE nr. 79 as of September 1, 2010, published in MONITORUL OFICIAL nr. 638 of 10 September 2010 by law No. 215 of 2 July 2013, published in MONITORUL OFICIAL nr. 401 of 3 July 2013.
(2 ^ 4) Pay for the budget staff work will be awarded to runtime functions, in accordance with the provisions concerning the functions of the central public administration execution in the annex. I to Government Emergency Ordinance nr. 24/2000 on the establishment of basic salaries for contract staff in budgetary sector, approved by law No. 383/2001, as amended and supplemented, and driving functions benefit from outstanding pay claims referred to in the annex. Vi/1a of the Government Ordinance. 10/2007 concerning wage increases that will be awarded in 2007 budget staff paid according to Government Emergency Ordinance nr. 24/2000 on the establishment of basic salaries for contract staff in budgetary sector and staff paid according to annexes II nr. And III to law No. 154/1998 on the establishment of basic salaries in budgetary sector and allowances for people who occupy positions of public dignitaries, as amended by law No. 231/2007.
— — — — — — — — — — —-. (2 ^ 4) art. 20 returned to its original form as a result of the rejection of the EMERGENCY ORDINANCE nr. 79 as of September 1, 2010, published in MONITORUL OFICIAL nr. 638 of 10 September 2010 by law No. 215 of 2 July 2013, published in MONITORUL OFICIAL nr. 401 of 3 July 2013.
(2 ^ 5) Repealed.
— — — — — — — — — — —-. (2 ^ 5) of art. 20 was repealed by paragraph 4 of art. 12 of ORDINANCE No. 29 of august 27, 2013, published in MONITORUL OFICIAL nr. 550 august 30, 2013.

(3) the assets of the AOSR consists of: a) movable and immovable property;
  

b) movable and immovable property, public or private property of the State or administrative territorial units, assigned to the management or in accordance with the law;
  

c) other property acquired under the law.
  


Article 21 (1) the AOSR has an own car park.
  

(2) the maximum number of vehicles required for the proper functioning of the structures of the AOSR and monthly fuel consumption shall be determined by one's own status, according to Government Ordinance No. 80/2001 laying down norms for public authorities and institutions, approved as amended by law No. 247/2002, as amended and supplemented.
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Art. 21 has returned to its original form as a result of the rejection of the EMERGENCY ORDINANCE nr. 79 as of September 1, 2010, published in MONITORUL OFICIAL nr. 638 of 10 September 2010 by law No. 215 of 2 July 2013, published in MONITORUL OFICIAL nr. 401 of 3 July 2013.


Chapter VI final provisions Article 22 (1) the phrase Academy scientists from Romania may not be used by any other public or private institution in the name of it.
  

(2) the logo is the AOSR functioned under the Academy of Sciences from Romania in the 1936-1948 period and will be presented graphically in the AOSR Status.
  

(3) the AOSR projects can thus be normative in its field of activity, which are subject to approval by the Government by the Ministry of education, research and youth.
  

— — — — — — — — — — —-. (3) art. 22 reverted to its original form as a result of the rejection of the EMERGENCY ORDINANCE nr. 79 as of September 1, 2010, published in MONITORUL OFICIAL nr. 638 of 10 September 2010 by law No. 215 of 2 July 2013, published in MONITORUL OFICIAL nr. 401 of 3 July 2013.


Article 23 within 60 days after the entry into force of this law, the General Assembly will adopt the AOSR and will be subject to the approval of the Romanian Government's own status.

This law was adopted by Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (2) of the Constitution of Romania, republished.
The PRESIDENT of the CHAMBER of DEPUTIES BOGDAN OLTEANU PRESIDENT of SENATE NICOLAE VACAROIU in Bucharest, January 15, 2007.
No. 31.
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