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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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LEGE no. 31 31 of 15 January 2007 (* updated *) on the reorganization and functioning of the Romanian Academy of Scientists ((updated until 21 December 2014 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The Academy of Scientists in Romania is for national, scientific consecration, which brings together representative personalities of science. (2) The Academy of Romanian Scientists, hereinafter referred to as AOSR, is an institution of public interest, with legal personality of public law, autonomous. ((3) AOSR is the continuator and sole legatee of the Romanian Academy of Sciences, which functioned in 1936-1948 and of the Association of Romanian Scientists, established by Decision of the Council of Ministers no. 1.012 1.012 of 30 May 1956 , who changed his title from the Association of Romanian Scientists to the Academy of Scientists in Romania by the court decision of October 3, 1996, adopted by the District Court of Bucharest. + Article 2 The headquarters of AOSR is in Bucharest, Splaiul Independentei no. 54, Sector 5. + Article 3 The main tasks of the AOSR are: design, promotion, development, support and protection of science in all forms, direct, indirect or adjacent forms, actions and methods. + Article 4 In carrying out his duties, AOSR recognizes the Romanian Academy as the highest national forum for scientific and cultural consecration and collaborates with the branch profile academies, with the Ministry of Education and Research, with institutions and organizations academic science, research and education, from the country and abroad. + Chapter II Organisation and operation + Article 5 (1) AOSR shall be reorganized and operated according to the provisions of this law and its own statute, adopted by the general assembly of members, which shall be approved by Government decision. (2) AOSR brings together representative scientific personalities, with a high spiritual and moral attire, who distinguished themselves by the results of their work, including in the development and promotion of the prestige of academic institutions, as well as institutions that, through their work, have contributed to the development of intellectual science and creation. ((3) The AOSR meets in its composition honorary members, full members, corresponding members and associate members. (4) Honorary members are Romanian or foreign citizens who have distinguished themselves by achievements in the field of science or through contributions to the development of the object of activity of AOSR and the prestige of AOSR. (5) The holders and correspondents are Romanian citizens chosen for the life between the personalities provided in par. ((2). The maximum number of holders and correspondents is 250, of which 150 are full members. The founding members of the AOSR are rightful members of the Academy. The number of honorary members, residents in the country, is a maximum of 40. -------------- Alin. ((5) art. 5 5 has been amended by section 1 1 of the single article of LAW no. 241 241 of 23 June 2009 , published in MONITORUL OFFICIAL no. 445 445 of 29 June 2009. (6) The associate members are those natural or legal persons who through the scientific activity performed or through material contributions support and support the development of the object of activity of AOSR and the AOSR prestige. (7) AOSR members cannot bear the title of academician. + Article 6 AOSR may also award the title of posthumous honorary member to prominent personalities of science. + Article 7 The selection or selection criteria of the new members of the AOSR shall be established by statute and procedures by its own rules. -------------- Article 7 has been amended by section 7. 2 2 of the single article of LAW no. 296 296 of 2 November 2007 , published in MONITORUL OFFICIAL no. 759 759 of 8 November 2007. + Article 8 (1) The holders of AOSR receive a gross monthly allowance of 2,000 lei, and the corresponding members receive a gross monthly allowance of 1,400 lei, if they are not the beneficiaries of another academic allowance. Honorary members receive a gross monthly allowance of 1,000 lei. -------------- Alin. ((1) art. 8 8 has been amended by section 2 2 of the single article of LAW no. 241 241 of 23 June 2009 , published in MONITORUL OFFICIAL no. 445 445 of 29 June 2009. (2) The members of the AOSR presidium, the honorary council, as well as the members of the scientific council benefit from a monthly allowance increased by 20%. -------------- Alin. ((2) art. 8 8 has been amended by section 3 3 of the single article of LAW no. 296 296 of 2 November 2007 , published in MONITORUL OFFICIAL no. 759 759 of 8 November 2007. (3) The monthly allowances shall be indexed annually with the inflation rate communicated by the National Institute of Statistics for the year before the one in which the payment of rights is made and shall be taken in the calculation of the state pension. (4) The members of the AOSR who are also members of other academies shall opt for a single allowance. (5) The surviving spouse, as well as minor children, offspring of the members of the AOSR holders, receive monthly non-taxable material support, according to Law no. 86/1998 on the granting of material support for the surviving spouse and for the descendants of the members of the ------------ Alin. ((5) of art. 8 8 returned to its original form as a result of rejection EMERGENCY ORDINANCE no. 79 79 of 1 September 2010 , published in MONITORUL OFFICIAL no. 638 638 of 10 September 2010 by LAW no. 215 215 of 2 July 2013 , published in MONITORUL OFFICIAL no. 401 401 of 3 July 2013. (6) The members of the AOSR shall receive the legal rights for travel in the interest of AOSR, in the country or abroad. (7) The rights provided in par. ((1)-(6) shall be granted within the AOSR approved budget. ------------ Alin. ((7) of art. 8 8 has been amended by section 1 1 of art. 12 of ORDINANCE no. 29 29 of 27 August 2013 , published in MONITORUL OFFICIAL no. 550 550 of 30 August 2013. + Article 9 (1) For the proper conduct of the AOSR activity, the specialized scientific departments and territorial branches are organized under its subordination, according to its own status. -------------- Alin. ((1) art. 9 9 has been amended by section 3 3 of the single article of LAW no. 241 241 of 23 June 2009 , published in MONITORUL OFFICIAL no. 445 445 of 29 June 2009. ((2) AOSR may establish branches outside the country and may be a member of scientific bodies and organisations from other countries or international countries. (3) Under the AOSR operates, as units with or without legal personality, territorial branches, organized in the main scientific and cultural centers of the country, as well as institutes and scientific research centers. The organization and functioning of territorial branches and institutes/centers shall be established by statute. -------------- Alin. ((3) art. 9 9 has been amended by section 5 5 of the single article of LAW no. 296 296 of 2 November 2007 , published in MONITORUL OFFICIAL no. 759 759 of 8 November 2007. (4) The branch shall be headed by a chairman, full member of the AOSR, remunerated, elected by vote of the general assembly of the members of the branch. The president's term is 4 years, and can be re-elected The number of mandates is not limited. -------------- Alin. ((4) art. 9 9 has been amended by section 3 3 of the single article of LAW no. 241 241 of 23 June 2009 , published in MONITORUL OFFICIAL no. 445 445 of 29 June 2009. (5) The branch shall constitute among its members a management office, consisting of: the president of the branch, a secretary and 1-3 members, elected by vote. The decisions of the management office shall be ratified at the plenary of the members of the branch. -------------- Alin. ((5) art. 9 9 has been introduced by section 6 6 of the single article of LAW no. 296 296 of 2 November 2007 , published in MONITORUL OFFICIAL no. 759 759 of 8 November 2007. (6) The President of the branch has the following tasks a) represent the branch in all its relations and resolve the current problems; b) liaise between the AOSR and the subsidiary; c) convene and conduct the meetings of the branch and the branch office; d) aims to carry out the decisions of the assembly of the members of the branch and the management office of the branch; e) annually report on the activity of the branch; f) coordinates the work of the branch's work apparatus and issues decisions, according to the statute, on subordinate personnel. -------------- Alin. ((6) art. 9 9 has been introduced by section 6 6 of the single article of LAW no. 296 296 of 2 November 2007 , published in MONITORUL OFFICIAL no. 759 759 of 8 November 2007. + Chapter III AOSR management + Article 10 The management of the AOSR activity shall ensure the general meeting, the scientific council, the AOSR presidium and the president + Article 11 (1) The General Assembly is the supreme activity forum of the AOSR and is composed of full members, corresponding members and honorary members. The general assembly also participates in the general directors of the scientific institutions, as well as other institutions subordinated to the AOSR. (. The General Assembly shall have the following main tasks: a) adopt the status of AOSR, its subsequent amendments and completions, which are subject to the approval of the Government of Romania, by decision; b) approve the AOSR's annual report and budget, as well as the annual and prospective scientific work programmes; c) approve the choice of AOSR members validated by the AOSR presidium, at the proposal of the honorary council; d) elect the President, the Vice-Presidents and the Scientific Secretary among the members, in accordance with the Statute. The mandate of elected officials is 4 years, and may be renewed once; -------------- Letter d) a par. ((2) art. 11 11 has been amended by section 4.2 7 7 of the single article of LAW no. 296 296 of 2 November 2007 , published in MONITORUL OFFICIAL no. 759 759 of 8 November 2007. (3) The General Assembly shall meet in ordinary sessions once a year and whenever necessary, at the request of the President of the AOSR, of the Scientific Council or of two thirds of the members of the AOSR. (4) The general assembly is legally constituted in the presence of two thirds of its members and adopts valid decisions with the vote of the simple majority of the AOSR members present. If at the first convocation the legal quorum of two thirds of the members of the AOSR is not met, a new general meeting shall be convened within 30 days, which shall be considered legally constituted with the number of members present. (5) The General Assembly shall decide on the voting modality. As for the election of members of the AOSR leadership, it is done in the general assembly, by secret ballot. + Article 12 (1) The Scientific Council shall ensure the management of the AOSR between the sessions (2) The Scientific Council shall be composed of the members of the presidium, the presidents of the scientific departments and the (3) The Scientific Council shall meet on a semi-annual basis and whenever necessary and shall be convened by the President of the AOSR, by the AOSR presidium or by two thirds of its members. + Article 13 (1) The AOSR presidium provides the operative management and is constituted by the President, Vice-Presidents and the Scientific Secretary. (2) AOSR shall meet monthly or whenever necessary and shall be convened by the President of the AOSR or by a number of two thirds of its members. (3) The members of the AOSR presidium have the basic function within the AOSR. During the period of their mandate they cannot exercise leadership positions outside the AOSR. -------------- Alin. ((3) art. 13 13 has been introduced by section 4 4 of the single article of LAW no. 241 241 of 23 June 2009 , published in MONITORUL OFFICIAL no. 445 445 of 29 June 2009. + Article 14 (1) The President of AOSR represents AOSR in relations with third-party individuals or legal entities and is the principal authorising officer. ---------- Alin. ((1) of art. 14 14 returned to the form of publication, by abrogation of section 2 2 of art. 12 of ORDINANCE no. 29 29 of 27 August 2013 , published in MONITORUL OFFICIAL no. 550 550 of 30 August 2013 by item 1 1 of art. unique from LAW no. 168 168 of 16 December 2014 , published in MONITORUL OFFICIAL no. 922 922 of 18 December 2014. (2) The President of the AOSR is the Chairman of the Scientific Council and the Presidium of the AOSR and leads the work of the General Assembly and the AOSR structures (. In the exercise of his duties, the AOSR President shall issue decisions. (4) If the President of the AOSR cannot exercise his prerogatives for a period of more than 30 days, he will be replaced by one of the Vice-Presidents, designated, as the case may be, by the President or by the AOSR presidium. + Article 15 At the level of the AOSR president operates an honorary council, the consultative structure made up according to the statute, designed to ensure the stability and continuity of the AOSR activity. + Article 16 (1) The AOSR Vice-Presidents perform the tasks specific to the coordination of scientific departments, subsidiaries, external relations, as well as other duties established by the AOSR President and those established by the AOSR Statute. (2) The scientific secretary shall ensure, through the central working apparatus, the achievement of functional links between scientific departments, between them and the territorial branches, as well as those with third persons and shall carry out the assigned duties by the AOSR President and those established by the AOSR Statute. + Article 17 The mandate of the President of the AOSR, the Vice-Presidents and the Scientific Secretary shall cease to expire the duration for which they were elected or by the decision of the General Assembly of the AOSR, if they are unable to perform their duties or Resigning. + Article 18 The specific tasks of the AOSR, the scientific council, the AOSR presidium, the AOSR president, the honorary council and their working arrangements shall be established by the AOSR Statute. + Article 18 ^ 1 The own income of higher education institutions may be used, in accordance with the legislation in force, for rehabilitations and consolidations approved by the operational plan. ---------- Article 18 ^ 1 has been introduced by item 1. 2 2 of art. unique from LAW no. 168 168 of 16 December 2014 , published in MONITORUL OFFICIAL no. 922 922 of 18 December 2014, which introduces the item 2 2 ^ 1 al art. 12 of ORDINANCE no. 29 29 of 27 August 2013 , published in MONITORUL OFFICIAL no. 550 550 of 30 August 2013. + Chapter IV The working apparatus of the AOSR and the subordinate units + Article 19 ((1) AOSR has a working apparatus at central level and at the level of territorial branches. (2) The organizational structure of the working apparatus at central level and at the level of the subsidiaries, as well as of the institutes and research centers subordinated to the AOSR is approved by the AOSR presidium, and the states of functions, by the President of AOSR, at The scientific secretary -------------- Alin. ((2) art. 19 19 has been amended by section 8 8 of the single article of LAW no. 296 296 of 2 November 2007 , published in MONITORUL OFFICIAL no. 759 759 of 8 November 2007. (2 ^ 1) The personnel norms, the criteria for the establishment of the compartments and the states of functions for the subordinate units shall be approved by the President of the AOSR, at the proposal of the Scientific Secretary, with the maximum number of approved posts for AOSR through the annual budgetary laws. ------------ Alin. (2 ^ 1) of art. 19 19 returned to its original form as a result of rejection EMERGENCY ORDINANCE no. 79 79 of 1 September 2010 , published in MONITORUL OFFICIAL no. 638 638 of 10 September 2010 by LAW no. 215 215 of 2 July 2013 , published in MONITORUL OFFICIAL no. 401 401 of 3 July 2013. ((3) Employment, termination of service relations and payroll of personnel from central and territorial branches shall be made in accordance with the legal provisions applied to budgetary personnel and approved by the President of AOSR, at The scientific secretary ------------ Alin. ((3) of art. 19 19 returned to its original form as a result of rejection EMERGENCY ORDINANCE no. 79 79 of 1 September 2010 , published in MONITORUL OFFICIAL no. 638 638 of 10 September 2010 by LAW no. 215 215 of 2 July 2013 , published in MONITORUL OFFICIAL no. 401 401 of 3 July 2013. + Chapter V AOSR funding and heritage + Article 20 (1) The financing of maintenance, operation and indemnity expenses shall be ensured from own income and from subsidies granted from the state budget, according to the annual budgetary laws. ---------- Alin. ((1) of art. 20 20 has been amended by section 3 3 of art. unique from LAW no. 168 168 of 16 December 2014 , published in MONITORUL OFFICIAL no. 922 922 of 18 December 2014, amending section 3 3 of art. 12 of ORDINANCE no. 29 29 of 27 August 2013 , published in MONITORUL OFFICIAL no. 550 550 of 30 August 2013. (2) AOSR's own revenues come from: research programs, donations, sponsorships, taxes, rents, publications, studies, editorial benefits, scientific consultations, studies for opinions, works of exploitation of movable and immovable property in own heritage, as well as from other activities carried out. ------------ Alin. ((2) of art. 20 20 has been amended by section 3 3 of art. 12 of ORDINANCE no. 29 29 of 27 August 2013 , published in MONITORUL OFFICIAL no. 550 550 of 30 August 2013. (2 ^ 1) The research centers within the specialized scientific departments operate based on the criterion of profitability and the principle of self-financing. From the funds attracted-grants, sponsorships, donations, other goods-and from their income, 80% remain at the exclusive disposal of the research centers for the support and financing of their own activity, and the remaining 20% constitute AOSR's own income. -------------- Alin. ((2 ^ 1) art. 20 20 has been introduced by section 11 11 of the single article of LAW no. 296 296 of 2 November 2007 , published in MONITORUL OFFICIAL no. 759 759 of 8 November 2007. ((2 ^ 2) The activity of the institutes and scientific research centres of the AOSR is organized as a fully funded activity of its own income and is subject to public finance legislation. The revenue and expenditure budget for activities financed entirely from own income is approved with the AOSR budget. -------------- Alin. ((2 ^ 2) art. 20 20 has been amended by section 5 5 of the single article of LAW no. 241 241 of 23 June 2009 , published in MONITORUL OFFICIAL no. 445 445 of 29 June 2009. (2 ^ 3) The position of president is repaid at the level of member of the Government, and the positions of vice president and scientific secretary, at the level of secretary of state. ------------ Alin. ((2 ^ 3) of art. 20 20 returned to its original form as a result of rejection EMERGENCY ORDINANCE no. 79 79 of 1 September 2010 , published in MONITORUL OFFICIAL no. 638 638 of 10 September 2010 by LAW no. 215 215 of 2 July 2013 , published in MONITORUL OFFICIAL no. 401 401 of 3 July 2013. (2 ^ 4) The salary rights for the budget staff in the working apparatus will be granted for the execution functions, according to the provisions on the execution functions in the specialized central public administration in Annex no. I to Government Emergency Ordinance no. 24/2000 on the system for determining the basic salaries for contract staff in the budgetary sector, approved by Law no. 383/2001 , with subsequent amendments and completions, and the management functions also benefit from the salary rights set out in Annex no. VI/1a of Government Ordinance no. 10/2007 on the salary increases that will be granted in 2007 to the appropriate salary staff Government Emergency Ordinance no. 24/2000 on the system for the establishment of basic salaries for contract staff in the budgetary sector and in the salary of staff in accordance with Annexes no. II and III to Law no. 154/1998 on the system for the establishment of basic salaries in the budgetary sector and allowances for persons occupying public dignity functions, approved with amendments by Law no. 231/2007 . ------------ Alin. ((2 ^ 4) of art. 20 20 returned to its original form as a result of rejection EMERGENCY ORDINANCE no. 79 79 of 1 September 2010 , published in MONITORUL OFFICIAL no. 638 638 of 10 September 2010 by LAW no. 215 215 of 2 July 2013 , published in MONITORUL OFFICIAL no. 401 401 of 3 July 2013. ((2 ^ 5) Abrogat. ------------ Alin. ((2 ^ 5) of art. 20 20 has been repealed by section 6.6. 4 4 of art. 12 of ORDINANCE no. 29 29 of 27 August 2013 , published in MONITORUL OFFICIAL no. 550 550 of 30 August 2013. (3) The AOSR heritage is composed of: a) movable and immovable property; b) movable and immovable property, public or private property of the state or administrative-territorial units, assigned in administration or in use under the law; c) other goods acquired according to law. + Article 21 (1) AOSR has an own car park. (2) The maximum number of motor vehicles necessary for the proper functioning of the AOSR structures and the monthly fuel consumption shall be established by its own status, Government Ordinance no. 80/2001 on the establishment of spending regulations for public authorities and institutions, approved with amendments by Law no. 247/2002 , with subsequent amendments and completions. ------------ Art. 21 returned to its original form as a result of rejection EMERGENCY ORDINANCE no. 79 79 of 1 September 2010 , published in MONITORUL OFFICIAL no. 638 638 of 10 September 2010 by LAW no. 215 215 of 2 July 2013 , published in MONITORUL OFFICIAL no. 401 401 of 3 July 2013. + Chapter VI Final provisions + Article 22 (1) The Academy of Scientists in Romania cannot be used by any other public or private institution within its name. (2) The AOSR logo is the one under which the Romanian Academy of Sciences functioned in 1936-1948 and will be graphically rendered in the AOSR Statute. (3) AOSR may develop draft normative acts from its field of activity, which shall be submitted for approval to the Government by the Ministry of Education, Research and Youth. ------------ Alin. ((3) of art. 22 22 returned to its original form as a result of rejection EMERGENCY ORDINANCE no. 79 79 of 1 September 2010 , published in MONITORUL OFFICIAL no. 638 638 of 10 September 2010 by LAW no. 215 215 of 2 July 2013 , published in MONITORUL OFFICIAL no. 401 401 of 3 July 2013. + Article 23 Within 60 days of the entry into force of this Law, the General Assembly of AOSR will adopt and submit to the approval of the Government of Romania its own status. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. PRESIDENT OF THE CHAMBER OF DEPUTIES BOGDAN OLTEANU NICOLAE VACAROIU Bucharest, January 15, 2007. No. 31. ------