Law No. 215 of 23 April 2001 (* republished *) (* updated *) of local government (updated up to June 30, 2016 *) ISSUER-PARLIAMENT-------Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the Republished pursuant to art. III of law No. 286 of 29 June 2006 on the modification and completion of the law on local public administration no. 215/2001 published in the Official Gazette of Romania, part I, no. 621 of 18 July 2006, and corrected in the Official Gazette of Romania, part I, no. 776 of 13 September 2006, posing a new texts.
Law on local public administration no. 215/2001 was published in the Official Gazette of Romania, part I, no. 204 of 23 April 2001 and subsequent adoption, has been amended and supplemented by:-Government Emergency Ordinance nr. 74/2001 for completing art. 152 of the law on local public administration no. 215/2001 published in the Official Gazette of Romania, part I, no. 271 of 25 May 2001, approved with amendments and completions by law No. 738/2001 published in the Official Gazette of Romania, part I, no. 802 from 14 December 2001;
-Law No. 216/2002 modification of paragraph 1. (1) of article 1. 103 of the law on local public administration no. 215/2001 published in the Official Gazette of Romania, part I, no. 288 of 29 April 2002;
-Law No. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, and public functions in the business environment, the prevention and sanctioning of corruption, as published in the Official Gazette of Romania, part I, no. 279 of 21 April 2003;
-Law No. 141/2004 modification and completion of the law on local public administration no. 215/2001 published in the Official Gazette of Romania, part I, no. 396 of 4 May 2004, corrected in the Official Gazette of Romania, part I, no. 410 of 7 May 2004;
-Law No. 340/2004 concerning barczi, published in the Official Gazette of Romania, part I, no. 658 of 21 July 2004;
-Law No. 393/2004 on the status of local elected officials, and published in the Official Gazette of Romania, part I, no. 912 of 7 October 2004.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I General provisions section 1 general Regime of local autonomy in article 1 (1) this Act regulates the general functioning of local autonomy, as well as the Organization and functioning of local public administration.
(2) for the purposes of this law, the terms and expressions below have the following meanings: (a) administrative activities) social actions through community-who approves a local public administration authorities ' relationship with the associations of owners within the administrative and territorial unit;
b) conurbations inter-community development associations established on the basis of partnership between municipalities, other than those referred to in points. (j)), and cities, along with urban and rural settlements that are in the zone of influence;
c) associations of inter-community development-cooperation structures with legal personality under private law, established under the law of administrative-territorial units for carrying out joint development projects of local or regional interest times joint provision of services to the public;
d) deliberative authority-City Council, County Council, the General Council of Bucharest, local territorial-administrative subdivisions of municipalities;
e the executive authorities)-mayors of communes, towns, municipalities, administrative-territorial subdivisions ai of municipalities, Mayor of Bucharest and Chairman of the County Council;
f) local councils, town councils-communal, municipal councils and administrative-territorial subdivisions of municipalities;
g) bodies providing public services and public local or County-which includes generic name: 1. public institutions and public services established and organized by decisions of the deliberative authorities, hereinafter institutions and public services of local interest or County;
2. companies and 1900 established or reorganized by decisions of the deliberative authorities, hereinafter referred to as company and Kings local or autonomous county;
3. Association of inter-community development;
4. social service providers, public private times grants social services under the conditions provided for by law;
5. associations, foundations and associations recognised as being of public interest, in accordance with the law;
6. operators of public utilities community services local or County;
h) administrative-territorial subdivisions of municipalities-the sectors of Bucharest or other subdivisions of municipalities, whose dividing and organizing is done by law;
I) administrative-territorial units-common, cities and counties; under the law, some cities may be declared municipalities;
j) metropolitan area-development association based inter-community established partnership between the Romanian capital, or tier I cities times county municipalities and administrative-territorial units that are in the immediate area.
— — — — — — — —-the letter j) of paragraph 1. (2) of article 9. 1 was modified by art. 1 of law No. 264 of 7 December 2011, published in MONITORUL OFICIAL nr. 877 of 12 December 2011.
Article 2 (1) public administration in administrative-territorial units are organized and function in accordance with the principles of local autonomy, decentralization, deconcentration of public services, eligibility of local public administration authorities, legality and of consultation of citizens in resolving local interest.
(2) application of the principles referred to in paragraph 1. (1) cannot affect the character of the national State, unitary and indivisible State.
Article 3 (1) by local autonomy means right and actual capacity of local public administration authorities to address and manage, on behalf of and in the interests of the local communities they represent, public affairs, in accordance with the law.
(2) this right shall be exercised by the local councils and mayors, and county councils, local public administration authorities elected by universal, equal, direct, secret and freely expressed suffrage.
— — — — — — — — —-. (2) of article 9. 3 was amended by section 1 of article. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
(3) the provisions of paragraphs 1 and 2. (2) without prejudice to the possibility of having recourse to consultation with residents through a referendum or through any other form of direct participation of citizens in public affairs, in accordance with the law.
(4) by locality means the totality of the administrative-territorial unit.
Article 4 (1) local autonomy is the only administrative and financial, being exercised on the basis and within the limits provided by law.
(2) organizing local Autonomy, functioning, powers and duties, as well as resource management which, by law, belong to the commune, town, municipality or County, as applicable.
Article 5 (1) local public administration authorities shall, in accordance with the law, exclusive competence, shared competence and powers delegated.
(2) local self-government, local public administration authorities shall confer the right, within the limits of the law, to take initiatives in all fields, except those that are explicitly within the competence of other public authorities.
Article 6 (1) relations between the local public administration authorities from municipalities, towns and municipalities and the public authorities at the county level is based on the principles of autonomy, lawfulness, responsibility, cooperation and solidarity in solving the entire County.
(2) in relations between local public authorities and County Council, on the one hand, and between the City Council and Mayor, on the other hand, there is no relationship of subordination.
Article 7 powers Decentralization and local public administration authorities shall be made in compliance with the principles and rules laid down by Law-framework URdescentralizării.*) Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) decentralization framework Law No. 195/2006 published in the Official Gazette of Romania, part I, no. 453 on 25 May 2006.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 8 (1) of central public administration authorities will consult before taking any decision, the associative structures of local public administration authorities, in all matters that concern them directly, according to the law.
(2) associative structures of local public administration authorities are: the Association of Romania);
b) Association of Romania;
c) municipalities Association from Romania;
d) National Union of County Councils from Romania;
e) other forms of associational interest, constituted according to the law.
Article 9
(1) within the framework of national economic policy, municipalities, towns, cities and counties are entitled to their own financial resources, which local public administration authorities shall lay down, it manages and uses them for the performance of duties and powers delegated to them under the law.
(2) the financial resources available to local public administration authorities must be correlated with the powers and duties provided by law with.
Article 10 local public administration authorities shall administer or, where appropriate, have the financial resources, and public or private property assets of communes, towns, municipalities and counties, in accordance with the principle of local autonomy.
Article 11 (1) two or more administrative-territorial units shall have the right, in their deliberative powers limits and executive authorities, to cooperate and collaborate, under legal terms, forming associations of inter-community development with legal personality under private law and public interest. Inter-community development associations are in the public interest, by operation of law, by way of derogation from the provisions of Ordinance No. 26/2000 on associations and foundations, approved with amendments and completions by law No. 246/2005.
(2) inter-community development Associations shall be formed according to the law, in order to achieve joint development projects of local or regional interest or joint provision of public services. Metropolitan areas and urban agglomerations established with the consent of the local councils of the administrative-territorial units components are aimed at the development of infrastructures and the development objectives of common interest. Deliberative and executive authorities of the administrative-territorial units each component retains its local autonomy, according to the law.
(3) administrative-territorial units shall have the right, in their deliberative powers limits and executive authorities, to cooperate and to associate and administrative-territorial units abroad, in accordance with the law, by decisions of local councils or county councils, where appropriate.
(4) for the protection and promotion of their common interests, administrative-territorial units shall have the right to adhere to national and international associations, in accordance with the law.
Article 12 (1) inter-community development Associations is financed by contributions from the local budgets of administrative-territorial units, and from other sources, in accordance with the law.
(2) the Government supports the Association by administrative-territorial units of the national development programs. These programs are funded through the State budget annually and are set out in budget of the Ministry of Interior and Administrative reform), in accordance with the law on local public finances.
(3) County Councils can initiate and perform joint development programmes funded county from the County and local budget provided for distinct within it.
Article 13 (1) inter-community development Associations are run by a Board of Directors composed of representatives of the administrative-territorial units, components of the City Council or County Council, on a proposal from the Mayor, the President of the County Council, as well as a proposal from Councillors or district, as appropriate.
(2) the Board of Directors is headed by a Chairperson chosen by a majority vote of its members.
(3) in order to achieve the objectives of its own, the Board of Directors may establish a technical apparatus, financed from the resources of inter-community development association.
(4) the structure and functioning of the Board of Directors and the technical apparatus are established under the Act of incorporation and statutes of inter-community development, approved by decisions of local councils, the county respectively.
Article 14 administrative territorial Units may conclude between themselves agreements and may participate, including through the allocation of funds, the initiation and the development of the regional development programmes and regional, on the basis of decisions taken by local councils County times, as appropriate, in accordance with the law.
Article 15 (1) territorial-administrative units adjacent to border areas may conclude between themselves agreements on cross-border cooperation with neighbouring States in the structures, according to the law.
(2) administrative-territorial units, through mayors, Presidents of the county councils respectively, to the Ministry of Foreign Affairs for an opinion consistent draft cooperation agreements which they intend to conclude with administrative-territorial units from other countries, prior to their submission for adoption by the local councils or County, as applicable.
(3) Through cross-border cooperation agreements can be created and Romania which have bodies, according to national law, legal personality. These bodies do not have, for the purposes of this law, territorial-administrative skills.
(4) administrative-territorial units which have concluded agreements on cross-border cooperation shall be entitled to participate in other States to bodies created by these agreements, within the limits of the powers delegated to them by the law.
(5) local public administration authorities from Romania may conclude agreements of cooperation between local public administration authorities of the Republic of Moldova for the implementation and financing of the investment objectives of the administrative-territorial units of the Republic of Moldova, common cultural programs, sports, youth and educational training, internships and other actions that contribute to the development of friendly relations.
— — — — — — — —-. (5) article. 15 was introduced by art. 21 of the EMERGENCY ORDINANCE nr. 18 of 16 April 2014, published in MONITORUL OFICIAL nr. 305 of 24 April 2014.
Article 16 (1) the initiative of the administrative-territorial units to cooperate and to associate with administrative-territorial units abroad, and to join the International Association of administrative-territorial units will be notified to the Ministry of Foreign Affairs and the Ministry of Interior and Administrative reform).
(2) draft agreements on cooperation on administrative-territorial units intend to conclude with administrative-territorial units from other countries will be forwarded for endorsement to the Ministry of Foreign Affairs, through mayors, Presidents of the county councils respectively before their submission for adoption by the local councils or county councils, where appropriate.
(3) the opinion referred to in paragraph 1. (2) must be issued within 30 days of receipt of the request. Otherwise it will be deemed that there are no objections and the project can be submitted for approval by the City Council or County concerned.
(4) the responsibility concerning the cooperation agreements concluded by the territorial-administrative units returned to their exclusivity.
Article 17 local councils and county councils can decide on the participation capital or goods, on behalf of and in the interests of local communities which they represent, the establishment, operation and development of organisms that provide public services and public utility or local interest, according to the law.
Article 18 administrative supervision and financial control of the activity of local public administration authorities shall be exercised within the limits and under the conditions provided by law.
Article 19 in the territorial-administrative units in which citizens belonging to national minorities have a share of over 20% of the inhabitants, local public authorities, public institutions subordinated to them, and the decentralized public services ensure the use, in our dealings with them, and the mother tongue, in accordance with constitutional provisions, the provisions of this law and the international treaties to which Romania is a party.
Article 20 (1) Municipalities, towns, cities and counties are administrative territorial units in which local autonomy is executed and where is organized and operates local public administration authorities.
(2) the communes may be composed of one or more villages.
(3) some cities may be declared municipalities, in accordance with the law.
(4) The municipalities may create subdivisions, administrative-territorial delimitation and organization of which shall be made according to the law.
(5) local Government Authorities may be established and in the territorial-administrative subdivisions of municipalities. These authorities shall exercise the powers laid down in article 21. 81 and art respectively. 83, which shall apply accordingly.
Article 21
(1) administrative-territorial units are legal persons of public law, with full legal capacity and its own patrimony. These are legal subjects of taxation law, holders of tax code and accounts held with Treasury territorial units, as well as banking establishments. Administrative-territorial units are holders of rights and obligations arising from contracts relating to the administration of property belonging to the public and private domain in which they are parties, as well as relationships with other persons or bodies, in accordance with the law.
(2) The Justice, administrative-territorial units shall, where applicable, by the mayor or President of the County Council.
(2 ^ 1) In order to defend the interests of the territorial-administrative units, the Mayor, respectively President of the County Council, sitting in court as legal representative and not personal names.
— — — — — — — —-. (2 ^ 1), art. 21 was introduced by art. in accordance with law No. 74 of 17 may 2012, published in MONITORUL OFICIAL nr. 346 from May 22, 2012.
(3) the Mayor, respectively President of the County Council, can empower a person with higher education's long-standing legal within specialized apparatus of a mayor, County Council, or an attorney to represent the interests of territorial-administrative unit, as well as local government authorities concerned.
(4) administrative and territorial Unit shall have the right to benefit from coverage of costs set out in the decision of the Court, including the situation in which legal representation is ensured by a legal adviser from the expert body of the Mayor of the County Council.
(5) Compensation received by administrative-territorial units following the judgments of the courts are income from local budgets. The compensation that you need to pay the administrative-territorial unit in the wake of the judgments of the Court are final and secured from local budgets.
Article 22 of the territorial Delineation of communes, towns, municipalities and counties shall be determined by law. Any modification of their territorial limits may be carried out only by law and only after prior consultation of the citizens of the respective administrative-territorial units through the referendum, which will be organized by law.
Section 2 of the local public administration authorities in article 23 (1) of the public administration Authorities through which local autonomy in municipalities, cities and municipalities are local, communal councils, city and municipal authorities, as a deliberative and executive authorities as mayors. Local councils and mayors shall be elected as provided by law for the election of local public administration authorities.
(2) the local councils and mayors shall operate as local public administration authorities and solving public affairs in villages, towns and municipalities, in accordance with the law.
Article 24 In each county a County Council, as the authority of local public administration, to coordinate the work of the municipal councils, city and municipal, in pursuit of the public services of County interest. The County Council is elected in accordance with the law for election of local public administration authorities.
Article 25 local elected officials are the Mayor, local councilors, County Council President and District Councillors. In ensuring the free exercise of their mandate, they fulfil a function of public authority, benefiting from the provisions of the criminal law with regard to persons fulfilling a function involving the exercise of State authority. — — — — — — — — — — — — — — Art. 25 has been amended by section 2 of art. 78 of title III of law No. 35 of 13 March 2008, published in MONITORUL OFICIAL nr. 196 of 13 March 2008.
Article 26 (1) the term of Office of the Mayor, Alderman, President of the local County Council and the County officer is 4 years. The term of Office shall be exercised in accordance with the law.
(2) the City Council or County Council, Mayor, and County Council President elected in the course of a mandate as a result of the dissolution of the local Council or the respective County holidays of the mayor or the Chairman of the County Council, conclude the previous mandate of the local public administration authorities.
3. the City Council or County Council, and the mayor or President of the County Council, elected in the wake of new administrative-territorial units or following the dissolution of the Councils, i.e. vacantării of mayors or Presidents of County Councils, exercises his mandate until the Organization of local elections.
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Art. 26 was amended by section 3 of article 9. 78 of title III of law No. 35 of 13 March 2008, published in MONITORUL OFICIAL nr. 196 of 13 March 2008.
Article 27 in order to ensure the autonomy of the local authorities of local public administration have the right to establish and to levy local taxes and duties, draw up and approve local budgets of communes, towns, municipalities and counties, according to the law.
Chapter II establishment of local councils and local Council Section 1 Article 28 local councils are composed of local councillors elected by universal, equal, direct, secret and free suffrage, under the conditions laid down by law for the election of local public administration authorities.
Article 29 (1) the number of members of each local Council shall be determined by order of the prefect, depending on the number of inhabitants of the commune, town or municipality, according to the population after the home reported by the National Statistics Institute on 1 January of the current year as follows: ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ │ commune inhabitants Number ││ or city councillors in │ │ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ up to 1,500 │ │ 9 in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ between 3,000 and 1,501 │ │ 11 in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ between 3,001 and 5,000 │ 13 │
├──────────────────────────────────┼─────────────┤
│ între 5.001 şi 10.000 │ 15 │
├──────────────────────────────────┼─────────────┤
│ între 10.001 şi 20.000 │ 17 │
├──────────────────────────────────┼─────────────┤
│ între 20.001 şi 50.000 │ 19 │
├──────────────────────────────────┼─────────────┤
│ între 50.001 şi 100.000 │ 21 │
├──────────────────────────────────┼─────────────┤
│ între 100.001 şi 200.000 │ 23 │
├──────────────────────────────────┼─────────────┤
│ între 200.001 şi 400.000 │ 27 │
├──────────────────────────────────┼─────────────┤
│ peste 400.000 │ 31 │
└──────────────────────────────────┴─────────────┘
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Alin. (1) of article 1. 29 was modified by section 2 of art. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
(2) the General Bucharest City Council consists of 55 local councillors.
— — — — — — — — — — —-. (2) of article 9. 29 was changed by section 1 of article. III of the EMERGENCY ORDINANCE nr. 20 of 27 February 2008, published in MONITORUL OFICIAL nr. 177 of 7 March 2008.
(3) the number of members of local councils of Bucharest Municipality sectors shall be determined according to the number of inhabitants of the sectors concerned, in accordance with paragraph 1. (1) article 30 (1) the creation of local councils is made within 20 days of the date of conduct of the elections, upon satisfaction of the requirements of article 4(1)(f). 38 para. (1) and (1 ^ 1) of law No. 334/2006
on the financing of political parties and election campaigns, with subsequent amendments and additions. Convening of elected councilors declared for the constituting sitting is made by prefect. At the constituent meeting may be attended by the prefect or his representative, as well as Mayor, even though the procedure of validation of its mandate has not been completed.
— — — — — — — — — —-. (1) of article 1. 30 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 66 of 28 May 2008, published in MONITORUL OFICIAL nr. 409 of 30 May 2008.
(2) the meeting is uncountable if participating in at least two thirds of the elected councilors. Where this cannot be ensured, the majority will hold, sitting in the same conditions, over 3 days, at the request of the prefect. If no second convening the meeting is not lawfully constituted, it will proceed to a new calling by the prefect, over 3 days, under the same conditions.
(3) where the City Council cannot muster neither at the latter, because of absence without reasonable grounds, advisers, the President will declare, by order, Councilors elected who lacked the unmotivated 3 previous convocation, if they can't be replaced by alternates entered on the lists of candidates are concerned, organizing elections to fill in within 30 days, according to the law on election of the local public administration authorities.
(4) order of the Commissioner stating that the vacant seats of Councillors who lacked unmotivated can be attacked by those concerned in the administrative court shall, within 5 days of receipt. Judgment of the Court is final and irrevocable.
(5) the absence of Councillors from the constituting sitting shall be deemed motivated proof is given that this has occurred due to an illness which required hospitalisation or made impossible their presence of overseas trips in the course of their work or events of force majeure.
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Art. 30 was amended by paragraph 2 of article 9. III of the EMERGENCY ORDINANCE nr. 20 of 27 February 2008, published in MONITORUL OFICIAL nr. 177 of 7 March 2008.
Article 31 (1) the constituent sitting Works are conducted by the most senior adviser, assisted by 2 councilors of the youngest.
(2) for the validation of mandates, choosing local councils by open vote, their members, for the entire duration of the mandate, a Committee made up of validation 3-5 advisors.
(3) the Commission shall examine the legality of election validation of each local Council Advisor and proposes validation or invalidation of mandates.
(4) the Commission will propose the invalidation of validation of election of a Councillor only if the contravention of the conditions of eligibility or if the choice Adviser was done through electoral fraud, established under the law on local public administration authorities.
(5) the validation of mandates or invalidation is done in alphabetical order, with a majority vote of the Councillors present opened the meeting. The person whose mandate is subject to validation or invalidation shall not vote.
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Art. 31 was amended by section 3 of article 9. III of the EMERGENCY ORDINANCE nr. 20 of 27 February 2008, published in MONITORUL OFICIAL nr. 177 of 7 March 2008.
Article 31 (1) ^ 1 Judgment of validation or invalidation of mandates can be attacked by those interested in administrative court within 5 days after adoption or, in the case of absentees from the meeting, de la communication.
(2) the administrative court shall take a decision within 30 days. In this case, the prior procedure is no longer performed, and the judgment of first instance shall be final and irrevocable.
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Art. 31 ^ 1 was introduced by paragraph 4 of art. III of the EMERGENCY ORDINANCE nr. 20 of 27 February 2008, published in MONITORUL OFICIAL nr. 177 of 7 March 2008.
Article 32 (1) local councillors whose mandates have been validated shall take an oath in front of the local Council in the Romanian language, the following oath: "I swear to respect the Constitution and laws of the country and to make, in good faith, all that lies in my power and skills for the benefit of the inhabitants of the commune (town, city, County) So help me God!"
(2) local councillors who refuse to submit sworn in are considered demisionaţi.
(3) the oath may be filed and without religious formula.
Article 33 where a local councillor said chose before mandate forego validation or refuses to submit sworn, shall be subject to the validation of the terms of reference of the first alternate on the list of the Alliance political party, political or electoral alliance in question, if the validation of mandate and political alliances parties agree in writing to party affiliation. Where vacant places cannot be filled by alternates, according to law, and the number of local councilors shall be reduced by half plus one, it will hold partial elections to complete within 90 days.
Article 34 (1) After validation in the constituting sitting of the City Council, local councilors shall take an oath provided for in art. 32. (2) local Council declares itself constituted, if validated local councilors majority have sworn. Establishment of the local Council is established by decision adopted by a majority vote of validate local councilors.
Article 35 (1) After the Declaration as legally constituted, the City Council shall elect from among its members, by decision adopted by a majority vote of Councillors in Office, a President, for a period not exceeding 3 months, who will lead the Board meetings and shall sign the decisions taken by it.
(2) local Councillor elected under the terms of paragraph 1. (1) may be changed, at the initiative of at least one third of the Councillors, by majority vote of the Councillors in Office.
Section 2 of the local Government Powers in article 36 (1) the City Council has initiative and decides, in accordance with the law, in all matters of local interest, except those that are given by law to the competence of other bodies of public administration, local or Central.
(2) the City Council shall exercise the following powers: a) duties on the Organization and functioning of specialised apparatus, Mayor of institutions and public services of local interest and of autonomous companies and companies of local interest;
b) economic development powers relating to social and environmental issues of the commune, town or municipality;
c) concerning the management of public duties and private village, city or municipality;
d the management powers) of the services provided to citizens;
e inter-institutional cooperation duties) internally and externally.
(3) in exercising the powers referred to in paragraph 1. (2) (a). the local Council): a) approves the statutes of the commune, town or municipality, as well as the rules of organization and functioning of local government;
b) Approves, in accordance with the law, the Mayor's proposal, the establishment, organization and functions of the State expert body of the Mayor of institutions and public services of local interest, as well as reorganization and State functions of the autonomous companies of local interest;
c) exercise, on behalf of the administrative territorial unit, all rights and obligations corresponding to participations in companies or 1900, according to the law.
(4) in exercising the powers referred to in paragraph 1. (2) (a). (b)), the City Council approved: (a) the proposal) the Mayor, the local budget, virările, how to use budgetary and reserve account of the end of the budget year;
(b) approves the proposal) Mayor, Contracting and/or guarantee loans, and contracting of local public debt by issuing securities, on behalf of the administrative territorial unit, in accordance with the law;
c) establishes and approves local taxes and duties under the law;
(d) approve the proposal) Mayor, technical and economic documentation for local investments, in accordance with the law;
e) approves the strategies on the development of economic, social and environmental issues of the administrative-territorial units;
f) assures the execution of works and take necessary measures to implement and comply with the commitments entered into in the process of European integration in the field of environmental protection and water management for the services provided to citizens.
(5) in exercising the powers referred to in paragraph 1. (2) (a). (c)), the Council shall decide: (a) local implementation), concession or leasing public property property of the commune, town or municipality, if necessary, as well as public services of local interest, in accordance with the law;
b) decides the sale, lease or rental of privately owned property, city or municipality, as appropriate, in accordance with the law;
(c) endorse or approve) under the law, the documents needed for landscaping and urbanism of localities;
d) assigns or changes in the law, the names of streets, squares and public interest objectives.
(6) in exercising the powers referred to in paragraph 1. (2) (a). (d)), the City Council shall: (a)) according to its competence and in accordance with the law, necessary for the provision of public services of local interest: 1. education;
2. social services for child protection, disabled persons, older persons, the family and other persons or groups in need;
3. health;
4. culture;
5. youth;
6. sport;
7. public order;
8. emergency situations;
9. environmental protection and restoration;
10. the preservation, restoration and the value of the historical and architectural monuments, parks, public gardens and natural resources;
11. urban development;
12. the evidence of persons;
13. bridges and public roads;
14. Community public utility services: water supply, natural gas, sewer, sanitation, heating, lighting, public and local public transport, where appropriate;
15. emergency services rescue type, lifeguard and first aid;
16. the activities of the social administration;
17. social housing and dwelling units owned by the administrative and territorial unit or in its management;
18. in the interest of the community, local, natural resources within the administrative and territorial unit;
19. other public services established by law;
(b) Decides that the increases) and other facilities, according to the law, medical staff and teaching;
c) supports, according to the law, the activity of religious worship;
d) may request information and reports to the Mayor, Deputy Mayor and the heads of bodies providing public services and the public interest of local interest;
e) approves the construction of social housing, the criteria for the allocation of social housing and housing utilities owned or in its management;
f) may request information and reports from the Mayor and the heads of bodies providing public services and the public interest of local interest.
(7) in exercising the functions referred to in paragraph 1. (2) (a). (e)), the local Council decides: (a)), according to the law, cooperation or association with Romanian or foreign legal entities, in order to finance and execute the actions, works, services or projects of public interest;
b) Decides, in accordance with the law, twinning, city or municipality with administrative-territorial units from other countries;
c) Decides, in accordance with the law, cooperation or association with other administrative-territorial units in the country and abroad, as well as adherence to national and international associations of local authorities, in order to promote common interests.
(8) the local Council can provide individuals with Romanian or foreign honours the title of honorary citizen of the city or municipality, under a regulation. Through this Regulation shall lay down the conditions of the withdrawal and the title was awarded.
(9) the City Council meets every other duties determined by law.
Article 37 persons empowered to represent the interests of the territorial-administrative unit in the company, 1900 local interest, inter-community development associations and other cooperation or partnership are designated by decision of the local Council, in accordance with the law, while respecting the political configuration of the latest local elections.
Section 3-the operation of the local Council in article 38 (1) the City Council is elected for a four year term, which may be extended, by an organic law, in the event of war or catastrophe.
(2) the City Council shall exercise the mandate from the date of lodging the Declaration until such time as constituted in accordance with the newly-elected Council.
Article 39 (1) the City Council shall meet in ordinary sessions once a month, at the request of the Mayor.
(2) the Council may meet locally and in extraordinary sessions, at the request of the mayor or at least one third of the members of the Council.
(3) the convening of the local Council shall be in writing addressed to the Secretary, through the administrative and territorial unit, with at least 5 days before the ordinary sessions or at least 3 days before the extraordinary meetings. With notification of Convocation, are made available by local councillors on the agenda materials.
(4) in cases of force majeure and of utmost urgency to resolve the interests of the inhabitants of the commune, town or municipality or in the other cases laid down in the rules of organization and functioning of local government, local Council summons can be done immediately.
(5) in the invitation to the meeting shall specify the date, time, venue and agenda.
(6) the agenda of the meeting of the local Council shall be made to the inhabitants of the commune or city through the media or by any other means of advertising.
(7) In the villages or towns in which citizens belonging to national minorities have a share of over 20% of the inhabitants of the agenda shall be made public and in the mother tongue of the minority concerned citizens.
(8) in all cases the convening shall be recorded in the minutes of the meeting.
Article 40 (1) a local Board meetings are conducted in the presence of the majority of Councillors in Office.
(2) the presence of Councillors at the meeting is mandatory. Cases in which the absence is attributed, shall be determined by the rules of organization and functioning of the local Council. Local councillor absent unmotivated twice consecutively is punished, according to the rules of organization and functioning of the local Council.
Article 41 local Council meetings are led by a President, elected under the conditions laid down in article 21. 35. Article 42 (1) a local Board meetings are public.
(2) the work sessions take place in the Romanian language.
Local councils in which local councillors belonging to a national minority represent at least one-fifth of the total number of Council meetings, you can use their mother tongue. In these cases it will ensure, through the care of the Mayor, translating into Romanian language. In all cases, the documents for the meetings of the Council shall be prepared in Romanian language.
(3) the debate in City Council meetings, as well as the manner in which he exercised the vote of every local councillor shall be recorded in minutes signed by the Chairman of the meeting and the Secretary of the administrative and territorial unit.
(4) the President of the meeting, together with the Secretary of the administrative and territorial unit assumes responsibility, truthfulness through the signature of those recorded.
(5) at the beginning of each meeting, the Secretary shall submit to the approval of the minutes of the previous sitting. Local councillors have the right, at the hearing, to challenge the contents of the report and ask for the exact indication of the opinions expressed in the previous meeting.
(6) the minutes and documents that have been debated in open court shall be deposited in a special file of the meeting in question, which will be numbered, signed and sealed by the President of the meeting and the Secretary, after approving the minutes.
(7) within 3 days after the end of the meeting, the Secretary of the administrative and territorial unit displays at City Hall and, where applicable, on the website of the administrative territorial unit a copy of the minutes of the meeting.
Article 43 (1) the agenda for meetings shall be approved by the City Council, on a proposal from the article. 39, called Council meeting. The agenda supplementation can only be made for urgent matters that cannot be deferred until the next meeting, and only with the majority vote of the Councillors present. Removing a draft decision on the draft agenda shall be made only with the consent of the originator or if it does not meet the conditions laid down in article 21. 44. (2) in the case of neaprobării agenda, under the conditions laid down in paragraph 1. (1) compensation may be granted due to sitting Councillors.
Article 44 (1) draft decisions on the agenda of the sitting City Council cannot be discussed unless they are accompanied by the relevant compartment within the specialized device, which Mayor is made within 30 days after the registration of the project as well as the report of the specialized Council, except as provided for in article 10. 39 in paragraph 1. (2) and (4).
(2) If the reports referred to in paragraph 1. (1) there shall be drawn up within 30 days of the registration of the project, they consider themselves to be the default.
Article 45
(1) in exercising the functions conferred on the City Council shall adopt decisions by a majority vote of the members present, except in cases in which the law or the rules of organization and functioning of the Council require a different majority.
(2) shall be adopted by majority vote of the Councillors according to the following decisions of the City Council: a) judgments on local budgets;
b) judgments on contracting loans, in accordance with the law;
c) judgments establishing taxes and local taxes;
d) judgments on participation in development programmes, regional, County or regional cross-border cooperation;
e) judgments on organization and development of the urban and regional planning;
f) judgments on association or cooperation with other public authorities, with Romanian or foreign legal entities.
(3) Decisions concerning heritage shall be the votes of two-thirds of the total number of Councillors in Office.
(4) If the local budget cannot be adopted after two consecutive meetings, which will take place at an interval of not more than 7 days, the activity will take place on the basis of the preceding year until the adoption of the new budget, but not later than 45 days after the date of publication of the State budget law in the Official Gazette of Romania, part I.
(5) the City Council shall determine that some decisions to be taken by secret ballot. Individual character judgments regarding people always will be taken by secret ballot, with exceptions provided by law. Voting procedures will be laid down in its rules of organization and functioning of the local Council.
(6) draft decisions may be proposed for local councilors, Mayor, Deputy Mayor or citizens. Drafting is done by those who propose, with the support of the Secretary of the administrative-territorial unit and services within specialized apparatus of the Mayor.
Article 46 (1) cannot take part in the deliberation and the adoption of decisions, local councillor, either personally or through his wife, spouse, relatives up to affine transformation or fourth degree inclusively, has a proprietary interest in the subject of the debates of the Council.
(2) the decisions taken by the local Council in breach of the provisions of paragraph 1. (1) are null and void. Nullity is established by the administrative court. The action may be brought by any interested person.
Article 47 (1) the decisions of the Council shall be signed by the President, chosen as provided in article 13. 35, and countersigned, for legality, by the Secretary.
(2) if the President refuses to sign the hearing, judgment shall be signed by the local 3-5 local councillors.
(3) if the Chairman is absent, the meeting upon proposal of the Councillors from among their elected another President of the session, by decision adopted by majority vote of the Councillors present, who will lead the meeting. It shall exercise the powers provided by law for the President.
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Art. 47 amended by art. in accordance with law No. 200 of 16 July 2015, published in MONITORUL OFICIAL nr. 555 of 27 July 2015.
Article 48 (1) territorial-administrative unit Secretary will not countersign the decision if it considers that this is illegal. In this case, will make the writing and will expose City Council reasoned opinion, which will be recorded in the minutes of the meeting.
(2) the Secretary of the administrative and territorial unit shall communicate the decisions of the Municipal Council of the Mayor and the Commissioner forthwith, but not later than 10 working days from the date of its adoption.
(3) the communication, together with any objections to the legality, shall be made in writing by the Secretary and shall be recorded in a special register intended for that purpose.
Article 49 (1) Decisions with normative binding and take effect from the date of bringing them to public knowledge and the individual, the date of the communication.
(2) public disclosure of decisions of regulatory nature shall be made within 5 days from the date of communication by the official as prefect.
Article 50 in the territorial-administrative units in which citizens belonging to national minorities have a share of over 20% of the number of inhabitants with normative judgements shall be made public and in the mother tongue of the minority concerned citizens, and individual character shall be provided, upon request, and in their mother tongue.
Article 51 (1) In the exercise of their local councillors are in the service of the local community.
(2) the mayor shall be obliged that through Secretary and of the specialized agencies, to make available local councilors, at their request, not later than 10 working days, the information necessary for the fulfilment of his mandate.
(3) local councillors are required, in carrying out the mandate that, to organize periodic meetings with citizens and to give audiences.
(4) Every local councillor, Deputy Mayor and are required to submit an annual activity report, which will be made public through the Secretariat.
(5) to participate in meetings of the local Council and of the specialized commissions, local councillor receives an allowance determined in accordance with the law.
(6) local councillors are entitled to the reimbursement that it carries out in fulfilment of their mandate, in accordance with the law.
(7) the local Council may decide the amount of compensation the diminishing under paragraph 1. (5) and share settlement is made in accordance with paragraph 1. (6) in accordance with the possibilities of funding.
Article 52 in the work of the local Council may attend and speak, without the right to vote, the County prefect, Chairman or their representatives, deputies and senators, Ministers and other members of the Cabinet of Ministers, Secretaries of State and subsecretarii, the decentralized public services chiefs of ministries and other bodies of administrative-territorial units, in matters relating to its areas of responsibility for these services, as well as interested persons , invited by the Mayor.
Article 53 (1) Residents of villages which do not have local councillors elected in local councils are represented at meetings of the Council of a village.
(2) the delegate shall be elected for the period between the mandate of the City Council of a village gathering convened with at least 15 days before the primary. Choosing delegate takes place in the presence of the village mayor or the cases and at least 2 councilors appointed by decision of the local Council. Choosing delegate dealing with most of the village of the votes of those present at this meeting. The village Assembly can participate in all the citizens entitled to vote and resident in the village concerned.
— — — — — — — — — — — —-. (2) of article 9. Amended 53 of the sole article of law No. 375 from November 26, 2009, published in MONITORUL OFICIAL nr. 833 of 3 December 2009.
(3) To discuss issues relating to their respective villages village delegates will be invited in. Their vote is advisory.
(4) a market are applicable to Delegate, as appropriate, the provisions of art. 51 para. (5) and (6).
Article 54 (1) After incorporation the City Council organize specialized committees on key areas of activity.
(2) may be members of the boards of local councillors only specialty.
(3) specialized commissions they choose a President and a Secretary.
(4) specialized commissions analyses and advises draft judgment from their field of activity.
(5) the specialized commissions work in plenary sessions and take decisions by a majority vote of their members.
(6) the Organization, functioning and tasks of the specialized committees shall establish their rules of organization and functioning of the local Council, with due regard for policy configuration resulting from local elections.
(7) the local councils may arrange, at its own initiative or at the initiative of the Mayor, as appropriate, special committees for analysis and verification, for a fixed period. Composition of the Special Commission of analysis and verification objectives and dates of its activities shall be determined by decision of the local Council. Members of the Commission shall act within the limits laid down in the judgment.
Section 4 of the dissolution of the local Council in article 55 (1) the City Council shall be dissolved or referendum. The City Council is dissolved by operation of law: a) where it is not meet for two months in a row, although it has been convened in accordance with the legal provisions;
— — — — — — — — — — — —-a) of paragraph 1. (1) of article 1. 55 was amended by section 1 of article. 1 of law No. 59 on March 31, 2010, published in MONITORUL OFICIAL nr. 222 of 8 April 2010.
b) where not in 3 consecutive ordinary meetings no judgment;
c) in the event that the number of Councillors shall be reduced by half plus one and cannot complete replacements.
(2) the Mayor, Vice Mayor, Secretary of the administrative and territorial unit, the prefect, or any other interested person may appeal to the Administrative Court concerning the cases referred to in paragraph 1. 1. The Court shall examine the facts and to pronounce concerning the dissolution of the local Council. Judgment of the Court shall be final and shall be notified to the prefect.
— — — — — — — — — — — —-. (2) of article 9. 55 was amended by paragraph 2 of article 9. 1 of law No. 59 on March 31, 2010, published in MONITORUL OFICIAL nr. 222 of 8 April 2010.
3. the City Council may be dissolved by local referendum, held under the law. The referendum shall be held at the request of the Commissioner to that effect addressed to at least 25% of the voting citizens registered on the electoral lists of the administrative territorial unit.
(4) expenses for holding the referendum referred to in paragraph 1. (3) shall be borne by the budget.
(5) local referendum is organized in accordance with the law, by a Commission named by order of the prefect, composed of a representative of the Commissioner, one representative of the Mayor of the local Council, and of the County Council and a judge of the District Court in whose jurisdiction the administrative-territorial unit in question. The Secretary of the Commission shall be provided by the institution of the Commissioner.
(6) the referendum is valid if presented themselves to the polls at least half plus one of the total number of residents with voting rights. Local Council ceases activity ahead of schedule if you opted for this purpose at least half plus one of the total number of votes validly cast.
(7) Repealed.
— — — — — — — — —-. (7) article. 55 was repealed by section 3 of article 9. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
(8) the establishment of the new Board until the local mayor or, in his absence, the Secretary of the administrative and territorial unit will solve the current problems of the district, town or municipality, according to the powers and duties conferred on it by the law.
(8 ^ 1) In the exceptional circumstances in which the Mayor is in the impossibility of exertion of the mandate in accordance with the provisions of art. 60 or art. 69-71, the local Council is dissolved under the terms of paragraph 1. (1) to (6), and Secretary of the administrative and territorial unit is vacant, the prefect appoints by order a person through secondment pursuant to article. 89 para. (1) and (2) and, where appropriate, article 3. 92 of the law nr. 188/1999 on the status of civil servants, republished, with subsequent amendments and additions, which would exercise the powers of the Secretary of the administrative and territorial unit to solve current problems of the district, town or municipality, up to publish leading commanders of the Secretary in accordance with the provisions of the legislation concerning the public function and civil servants.
— — — — — — — — —-. (8 ^ 1), art. 55 was amended by CORRECTION No. 14 of 27 May 2015, published in MONITORUL OFICIAL nr. 384 of 2 June 2015, which amends section 1 of article. From the EMERGENCY ORDINANCE nr. 14 of 27 May 2015, published in MONITORUL OFICIAL nr. 374 of 28 may 2015.
(8 ^ 2) The person designated under the provisions of paragraph 1. (8 ^ 1) must fulfil the conditions of education and work experience in specialty studies under this law and legislation concerning the public function and civil servants.
— — — — — — — — —-. (8 ^ 2) of art. 55 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 14 of 27 May 2015, published in MONITORUL OFICIAL nr. 374 of 28 may 2015.
(8 ^ 3) In the situation referred to in paragraph 1. (8 ^ 1), the prefect must promptly request the national agency of civil servants for the organizing function of management of the Secretary of the village, town or city, as appropriate, in accordance with the law.
— — — — — — — — —-. (8 ^ 3) of art. 55 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 14 of 27 May 2015, published in MONITORUL OFICIAL nr. 374 of 28 may 2015.
(8 ^ 4) Appointment to the post of Secretary of the commune, town or municipality, as the case may be, do, in the situation mentioned in paragraph 1. (8 ^ 3), by the prefect on a proposal by the national agency of civil servants.
— — — — — — — — —-. (8 ^ 4) art. 55 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 14 of 27 May 2015, published in MONITORUL OFICIAL nr. 374 of 28 may 2015.
(9) the local councils can organize on their own initiative or on the initiative of the Mayor, where appropriate, the Joint Committee made up of local councillors, officials and other specialists, for a fixed period. The composition of the boards, the objectives and the dates of their activity shall be established by decisions of local councils. Meetings of the mixed committees are public.
Article 55 ^ 1 (1) In case of dissolution of the local Council, pursuant to article. 55 paragraph 1. (1) (a). the a and b)), it shall be reconstituted from alternates, alternate councilors summons being submitted by the prefect.
(2) meeting is joint legal reconstitution if it participates in a number of alternate members greater than half plus one of the total number of Councillors from the City Council respectively.
(3) the provisions of art. 30 paragraph 2. (2) to (5) and of article 23. 31-35 shall apply accordingly.
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Art. 55 ^ 1 was introduced by section 1 of article. III of the EMERGENCY ORDINANCE nr. 41 of 30 September 2015, published in MONITORUL OFICIAL nr. 733 of 30 September 2015.
Section 5-the Suspension of the mandate of local counsel in article 56 (1) the term of Office of local councillor will be suspended by operation of law only where it was detained preventively. The measure of preventive arrest shall be communicated forthwith by the Court, by order of the Prefect who, within no more than 48 hours after the communication establishes the suspension of the mandate.
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Alin. (1) of article 1. 56 was amended by section 1 of article. in accordance with law No. 13 of January 6, 2012, published in MONITORUL OFICIAL nr. 48 of 20 January 2012.
(2) Suspension lasts until the cessation of the situation referred to in paragraph 1. (1) suspension shall order shall notify the local adviser within 48 hours following the issuance of the order.
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Alin. (2) of article 9. 56 was amended by section 1 of article. in accordance with law No. 13 of January 6, 2012, published in MONITORUL OFICIAL nr. 48 of 20 January 2012.
(3) where a local Councilor whose mandate was suspended was found not guilty, he shall be entitled to compensation under the law.
Chapter III the Mayor and Vice Mayor Article 57 (1) municipalities, cities and municipalities have a mayor and a Deputy Mayor, and county municipalities have a mayor and two deputy mayors, elected in accordance with the law.
(2) the Mayor and the Deputy Mayor is subordinate to the law of his or her predecessor's term, which may delegate its duties.
(3) the Deputy Mayor shall be elected by a majority vote, local councilors from among the members of the URacestuia.*) Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the words ' of its members ' refers to the local councillors, members of the City Council.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (4) Changing of the cases can be done by the local Council, by decision adopted with the votes of two-thirds of the Councillors in Office, on a proposal from the mayor or one third of the Councillors in Office.
— — — — — — — — —-. (4) article. 57 was amended by paragraph 4 of art. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
(4 ^ 1) The deliberations and the adoption of decisions concerning the selection or change of cases participating in local councillor and vote candidates for Deputy Mayor, Vice Mayor respectively according to which change is proposed.
— — — — — — — — —-. (4 ^ 1), art. 57 was introduced by subpct. 1 of item (IV) of article 1. 2 of EMERGENCY ORDINANCE No. 42 of 28 June 2016, published in MONITORUL OFICIAL nr. 492 of 30 June 2016.
(5) the term of Office, Mayor and Vice-Mayor shall receive a monthly allowance, as a unique form of remuneration corresponding to the work of the Mayor and the Deputy Mayor, and which represents the basis for the determination of rights and obligations shall be determined in relation to the salary. The Mayor and Vice-Mayor shall not benefit from the bonus for seniority of work and any other bonuses prescribed by law.
(6) the duration of the mandate and constitute in specialty studies completed.
(7) during the exercise of his duties, the Deputy Mayor shall retain the status of a local councillor, without the benefit of compensation in respect of this Statute.
Article 58 (1) validation of the election of the mayor shall be made within 20 days of the date of conduct of the elections, in which the Council Chamber of the Court of Justice in the commune or town is located, by a judge appointed by the President of the Court, upon satisfaction of the requirements of article 4(1)(f). 38 para. (1) and (1 ^ 1) of law No. 334/2006, as amended and supplemented.
— — — — — — — — — — —-. (1) of article 1. 58 was modified by section 2 of art. From the EMERGENCY ORDINANCE nr. 66 of 28 May 2008, published in MONITORUL OFICIAL nr. 409 of 30 May 2008.
(2) invalidation of the election of the mayor shall have jurisdiction in cases referred to in article 1. 31 para. (4).
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Art. 58 was modified by section 5 of art. III of the EMERGENCY ORDINANCE nr. 20 of 27 February 2008, published in MONITORUL OFICIAL nr. 177 of 7 March 2008.
Article 59 (1) the result of the validation or invalidation of election of the mayor shall be made prefect and is presented in the constituting sitting of the Municipal Council or, where appropriate, in an extraordinary meeting, by a judge appointed by the President of the Court of Justice.
(2) in case of invalidation of the election of the Mayor, the prefect upon proposal of the Government, will set the election date. They shall take place within a maximum period of 90 days from the date of the invalidation or, where appropriate, from the date of the remaining final and irrevocable judgment, in accordance with the law.
Article 60 (1) the mayor shall deposit in front of the local Council the oath referred to in article 1. 32 para. (1) and (2) the Mayor refuses to file the oath is considered resigned.
Article 61 (1) the Mayor performs a function of public authority.
(2) the mayor shall ensure compliance with fundamental rights and freedoms of the citizens, of the provisions of the Constitution, as well as the implementation of laws, decrees of the President of the judgments and orders of the Government, the local Council decisions; has the necessary measures and assist in the implementation of the orders and instructions of the normative character of the other Ministers, heads of central public administration authorities of the prefect, and of the County Council, in accordance with the law.
(3) for the implementation of activities under its jurisdiction given by the regulatory acts specified in paragraph 1. (2) the mayor shall receive a specialized device, which he leads.
(4) specialized Device's Mayor is divided into functional compartments under the law. Its functional compartments are framed with civil servants and contractual staff.
(5) the Mayor leads local public services.
Article 62 (1) the Mayor represents the administrative-territorial unit in relations with public authorities, natural or legal persons with the Romanian times, as well as the judiciary.
(2) the distinguishing sign of the Mayor is a scarf in the colors of the national flag of Romania.
(3) the scarf will be compulsorily worn at amazingly, receptions, ceremonies and at the celebration of marriages.
(4) the model shall be determined by judgment the scarves of the Government.
Article 63 (1) the Mayor performs the following main categories of tasks: the powers of) as a representative of the State, in accordance with the law;
b duties relating to) relationship with the City Council;
(c) the duties relating to the budget);
d public service tasks) provided;
e) other duties determined by law.
(2) pursuant to paragraph 1. (1) (a). Mayor meets), the Office of civil status officer and guardianship authority and ensures functioning of local public services, duties on the Organization and holding of elections, referenda and the census. Mayor meets and other duties determined by law.
(3) in exercising the powers referred to in paragraph 1. (1) (a). (b)), the mayor shall submit: (a) local) in the first quarter, an annual report on the status of economic, social and environmental issues of the administrative-territorial units;
b) at the request of the Council presents local, other reports and briefings;
c) develops proposals for strategies on condition of economic, social and environmental issues of the administrative-territorial unit and local Council makes subject to approval.
(4) in exercising the powers referred to in paragraph 1. (1) (a). c), Mayor: a) he is the originator of the principal;
(b) the draft budget drawn up locally) and the account of the end of the budget year and submit them to the Council for approval;
c) initiates, in accordance with the law, negotiations for contracting loans and issuance of securities in the name of administrative-territorial units;
d) verify, through the specialized compartments, correct tax number of taxpayers to the tax body, both the main office and headquarters.
(5) in exercising the powers referred to in paragraph 1. (1) (a). d), Mayor of realization:) coordinates the public services of local interest provided via the device or through the bodies providing public services and the public interest of local interest;
(b) take measures to prevent) and, where applicable, the management of emergency situations;
c) takes steps to organizing the execution and enforcement of the concrete activities in the areas referred to in article 1. 36 para. (6) (a). a)-d);
d) takes measures to ensure that the inventory, statistical records, inspection and control of carrying out public services of local interest. 36 para. (6) (a). a)-(d)), as well as assets in the public and private patrimony of administrative-territorial units;
e) called, and has imposed the suspension, modification and termination of service or, where appropriate, of employment relationships, in accordance with the law, for the staff of the specialized equipment, as well as the heads of institutions and public services of local interest;
f drawing up urban plans) provided by law, subject to the approval of the local Council them and act for their observance;
g) deliver opinions, agreements and permits data under its jurisdiction by law and other normative acts;
h) arrange for work and take the necessary measures to comply with the commitments entered into in the process of European integration in the field of environmental protection and water management for the services provided to citizens.
(6) in order to exercise its duties properly, the Mayor has been collaborating with the decentralized public services of ministries and other bodies of the central public administration territorial-administrative units, as well as with the County Council.
(7) the appointment of the heads of institutions and public services of local interest shall be made on the basis of the contest organized according to procedures and criteria approved by the City Council, the Mayor's proposal, in accordance with the law. The appointment is made by the Mayor, having annexed contract management.
Article 64 (1) in exercising the functions of supervisory authority and the civil status officer, of the tasks conferred on the regulatory provisions concerning the organisation of the Census and elections, the civil protection measures, as well as other duties stipulated by law, the Mayor also acts as a representative of the State in the village or in the city where he was elected.
(2) the prefect, the Mayor may request, in accordance with the law, support the decentralized public services leaders of ministries and other bodies of the central public administration territorial-administrative units, if the tasks the incumbent cannot be resolved through the device.
Article 65 the Mayor may delegate powers conferred on it by law and other regulations cases, territorial-administrative unit Secretary, heads compartments or the functional specialist staff, as well as heads of institutions and public services of local interest, depending on their skills in their respective fields.
— — — — — — —- 65 was amended by section 1 of article. in accordance with law No. 20 of March 13, 2014, published in MONITORUL OFICIAL nr. 191 of 18 March 2014.
Article 66 (1) Mayors of communes can establish, within the limit of the maximum number of posts approved, a post of Adviser to the Mayor. Mayors of towns, municipalities and county municipalities may establish, within the limit of the maximum number of posts that have been approved, the Mayor's Cabinet, distinct compartment, consisting of: a maximum of 2) posts, to cities and municipalities;
b) maximum 4 posts at the county municipalities.
— — — — — — — — —-. (1) of article 1. 66 was amended by section 1 of article. in accordance with law No. 119 of 21 may 2015, published in MONITORUL OFICIAL nr. 361 dated 26 May 2015.
(2) staff employed on specified in paragraph 2. (1) is called and dismissed by the Mayor.
— — — — — — — — —-. (2) of article 9. 66 was amended by section 1 of article. in accordance with law No. 119 of 21 may 2015, published in MONITORUL OFICIAL nr. 361 dated 26 May 2015.
(3) the staff referred to in paragraph 1. (1) operates under an individual contract of employment contracts, concluded in accordance with the law, the duration of the term of Office of the Mayor.
(4) the duties of the personnel referred in paragraph 1. (1) shall be determined by order of the Mayor.
Article 67
(1) the Mayor of the municipality of Bucharest, assimilated, Minister may establish, within the limit of the maximum number of posts approved, Mayor, distinct compartment, which includes the following functions execution: director of cabinet, cabinet, Assistant Advisor, personal Secretary and courier staff.
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Alin. (1) of article 1. 67 was modified by section 2 of art. X of the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009.
(1 ^ 1) The maximum number of posts in the Cabinet and the general Mayor of Bucharest is 13.
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Alin. (1 ^ 1), art. 67 was introduced by point 3 of article 1. X of the EMERGENCY ORDINANCE nr. 105 of 6 October 2009 published in Official Gazette No. 668 of 6 October 2009.
(2) personnel within the Cabinet for general Mayor of Bucharest will be done according to cap. (II) subparagraph (c). B of the annex. 1 to Ordinance No. 3/2006 concerning wage increases that will be awarded in 2006 the budgetary personnel 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. 323/2006.
Article 68 (1) in the exercise of his powers the mayor shall issue regulatory provisions or individually. They become enforceable only after they are brought to their attention or after having been communicated to the persons concerned, as appropriate.
(2) the provisions of art. 48 and of art. 49 para. (2) shall apply accordingly.
Article 69 (1) the term of Office of the Mayor is 4 years old and is up to oath-taking by newly-elected mayor. The Mayor's term of Office may be extended, by an organic law, in the event of war, natural disasters, disaster or particularly serious distress.
(2) the term of Office of Mayor ceases in accordance with the law the Statute of local elected officials, as well as in the following situations: a) if it is impossible owing to the tenure of a serious illness, certificates, which do not allow activity in good condition for 6 months during a calendar year;
b) if it does not exercise, unjustifiably, the mandate for 45 days in a row.
(3) in the cases referred to in paragraph 1. (2) the prefect, by order, notes the expiry of the Mayor.
(4) order of the prefect may be attacked by the Mayor to the administrative court within 10 days of receipt.
(5) the Administrative Court is required to rule within 30 days. In this case, the prior procedure is no longer performed, and the judgment of first instance shall be final and irrevocable.
(6) Repealed.
— — — — — — — — —-. (6) article. 69 was repealed by section 5 of art. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
Article 70 (1) the term of Office of Mayor ceases as a result of the outcome of a local referendum aimed at its dismissal in accordance with the law, in accordance with the procedure laid down in article 21. 55 paragraph 1. (3) to (7).
(2) the Mayor's referendum shall be held to be terminated as a result of the request addressed to the Commissioner in this regard by the inhabitants, the city or municipality, as the result of it without respecting the interests of the local community or non-exercise of competences conferred on it by the law, including those which he carries as a representative of the State.
(3) the request shall contain the reasons why the basis thereof, the name and surname, date and place of birth, passport or card number of the card and handwritten signatures of citizens who had called for holding the referendum.
(4) the Organization of the referendum must be requested in writing by at least 25% of the residents with voting rights. This percentage must be achieved in each of the localities of the components of the commune, town or municipality.
Article 71 (1) the term of Office of the Mayor will be suspended by operation of law only where it was detained preventively. The measure of preventive arrest shall be communicated forthwith by the Court, by order of the Prefect who, within no more than 48 hours after the communication establishes the suspension of the mandate.
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Alin. (1) of article 1. 71 was amended by paragraph 2 of article 9. in accordance with law No. 13 of January 6, 2012, published in MONITORUL OFICIAL nr. 48 of 20 January 2012.
(2) order the suspension shall be communicated, not later than 48 hours following the issuance of the Mayor.
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Alin. (2) of article 9. 71 was amended by paragraph 2 of article 9. in accordance with law No. 13 of January 6, 2012, published in MONITORUL OFICIAL nr. 48 of 20 January 2012.
(3) Suspension lasts until the cessation of the situation referred to in paragraph 1. (1) and (4) If the Mayor suspended from Office was found not guilty, he shall be entitled, in accordance with the law, to payment of the corresponding to the period during which he was suspended.
(5) the provisions of paragraphs 1 and 2. (1) to (4) shall also apply to cases.
Article 72 (1) in the case of primary function, as well as in the case of suspension from Office as its powers conferred by this law shall be exercised by the Deputy Mayor of or, where appropriate, by one of the deputy mayors appointed by the City Council with a vote of the majority of Councillors in Office, while respecting the rights and obligations of corresponding function and who will receive a monthly allowance equal to that of a single Mayor for the period of tenure.
(2) In the situation referred to in paragraph 1. (1) the Council may delegate local, by judgment, from among its members, a local councillor who will perform the duties of the temporary cases, with due regard for the rights and obligations of the corresponding function, and who will receive a single monthly allowance equal to that of the Office of Deputy Mayor during the tenure.
(3) in the event that I am suspended from Office, at the same time, both the Mayor and Deputy Mayor, the City Council has delegated a local councillor who will perform both the duties of Mayor, as well as those of the cases, up to the termination of the suspension, while respecting the rights and obligations of corresponding to the Mayor, and who will receive a single monthly allowance equal to that of Mayor.
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Art. 72 was modified by art. III of the EMERGENCY ORDINANCE nr. 68 of 21 October 2014, published in MONITORUL OFICIAL nr. 803 from November 4, 2014.
Chapter IV Institutions, local public services, and the device specialized Mayor Article 73 local councils may establish and organize institutions and public services of local interest in the main areas of activity, according to local needs and particularities, while complying with the legal provisions and within the limits of the financial resources available to them.
Article 74 (1) the appointment and dismissal of the staff of institutions and public services of local interest are made by their leaders, according to the law.
(2) the appointment and dismissal of the staff of the Mayor's specialty is doing the Mayor, according to the law.
Article 75 Officials within the institutions and public services of local interest and within the specialized device Mayor enjoys stability according to the law.
Article 76 (1) In relations between citizens and local public administration authorities used Romanian language.
(2) in the territorial-administrative units in which citizens belonging to national minorities have a share of over 20% of the number of inhabitants, in their relations with local public administration authorities, and subordinate bodies of the local Council, they may apply orally or in writing, and in their native language and receive the response both in Romanian language and mother tongue.
(3) subject to the conditions laid down in paragraph 1. (2), the items have powers relating to public relations will be assigned and people who know the mother tongue of the minority concerned citizens.
(4) local public administration authorities shall ensure the recording name of localities and public institutions under their authority, as well as notices of public interest and in the mother tongue of the minority concerned citizens, under the conditions laid down in paragraph 1. (2) and (5) the official documents shall be drawn up in the Romanian language.
Article 77 the Mayor, Vice Mayor, Secretary of the administrative and territorial unit and appliance specialist Mayor constitutes a functional structure with permanent activity, called the Mayor's Office, city or municipality, which leads to comply with decisions of the City Council and the Mayor provisions addressing current problems of the local community.
Article 77 ^ 1
(1) the mayor shall designate specific officials empowered to carry out obligations relating to subpoenas and other communication acts of procedure, under the code of civil procedure.
(2) the provisions of paragraphs 1 and 2. (1) shall apply correspondingly if the mayors of sectors of Bucharest.
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Art. 77 ^ 1 was introduced by art. 40 of law No. 76 of 24 may 2012, published in MONITORUL OFICIAL nr. 365 of 30 may 2012.
Chapter V Public Administration Bucharest Bucharest Article 78 is organized into 6 administrative-territorial subdivisions called sectors.
Article 79 (1) Sectors of Bucharest have a mayor and a Deputy Mayor, and the city of Bucharest has a mayor and 2 vice-mayors.
(2) validation of the election of the Mayor of the municipality of Bucharest is Bucharest Tribunal President, under the present law.
Article 80 local public administration authorities from Bucharest are the General Bucharest City Council and the local councils of the sectors, as well as deliberative authority, Mayor of Bucharest and the mayors of sectors, as the executive authority, chosen according to the law for election of local public administration authorities.
Article 81 (1) of the local Councils of the sectors of Bucharest are established, it works and can be dissolved under the provisions of this law to local councils, to be applied correspondingly.
(2) the local councils of the sectors of Bucharest, the main following tasks: to choose from), counselors, counselor who runs Council meetings, as well as a Deputy Mayor; they keep the quality Advisor;
b) approves the Organization and functioning of the Council;
c) endorse studies, forecasts and programmes for economic and social development, organization and landscaping and urbanism, including participation in regional development programmes and regional, according to the law, which it shall submit to the approval of the General Council of Bucharest;
d approve the local budget), loans, credit and virările how to use the budgetary reserve; Approves closing the account budget year; establish local taxes and duties, as well as special taxes according to the law;
(e) approve the proposal) Mayor, according to the law, the organization chart, the number of State functions, personnel and rules of organization and functioning of the reproductive system and of public services of local interest.
f) administer according to the law, public or private property of the municipality, within the sector, on the basis of the decision of the General Council of Bucharest;
g) decide about the concession or leasing of public services under their authority, in accordance with the law;
h) establish institutions, companies and public services; establish, while respecting the general criteria laid down by law, the rules of organization and functioning of public services and institutions, as well as for companies that establish them or under their authority; call and release from Office, according to the law, heads of public institutions and public services of local interest;
I) Approves, in accordance with the law, urban plans and detail area of the sectors, which shall communicate them to the General Council of Bucharest; approve, within the limits of their powers, economic and technical documentation for the works of local investment and ensure the conditions necessary for their realization, in accordance with the provisions of the general urban plan of the municipality of Bucharest and of the related regulation;
j) shall, according to their competences, the necessary conditions for the proper functioning of institutions and public services of education, health, culture, youth and sports, defence of public order, of local interest; Watch and supervise the work thereof;
k) contributes to the Organization of the activities of scientific, cultural, artistic, sports and leisure;
l) contribute to ensuring public order, examines the work of Community Police and proposes measures to improve it;
m) acts for the protection and restoration of the environment, in order to increase the quality of life; contribute to the protection, preservation, restoration and the value of the historical and architectural monuments, parks and natural resources;
n) contribute to the protection measures and social assistance, protecting children's rights, according to the laws in force; approve criteria for the allocation of social housing; establish and ensure the functioning of some institutions of charity of local interest;
set up and organize a) fairs, markets, oboare, places and parks, sporting and ensures the proper functioning thereof;
p) decide, in accordance with the law, with the consent of the General Council of Bucharest, cooperation or association with local public administration authorities in the country or abroad, as well as adherence to national and international associations of local authorities, in order to promote common interests;
q) decide, in accordance with the law, with the prior consent of the General Council of Bucharest, cooperation or association with Romanian or foreign legal persons, non-governmental organisations and other social partners, in order to finance and execute the actions, works, services or projects of public interest;
r) ensures the freedom of trade and encourages free enterprise, in accordance with the law;
s) supports the law, religious activity.
(3) the powers referred to in paragraph 1. (2) (a). c)-h), p) and (q)) may be exercised only on the basis of explicit data through empowerment of the General Council of Bucharest.
(4) the local councils of the sectors and other exercises powers determined by law or delegated by the General Council of Bucharest.
Article 82 the General Bucharest City Council is constituted, it works and performs tasks provided for in the provisions of the present law for local councils, which are applied in an appropriate manner.
Article 83 (1) Mayors and deputy mayors of Bucharest Municipality sectors operates under the provisions of this law for the mayors and deputy mayors of communes and towns and fulfil the tasks stipulated by the law for them, except for those relating to consultation of the population through a referendum, organized for local problems of special interest, and measures prescribed by law for the holding of public meetings, which shall be exercised only by the Mayor of the municipality of Bucharest.
(2) the Mayors and deputy mayors of sectors of Bucharest shall apply accordingly to the provisions of this Act with respect to the suspension and dismissal.
(3) the Mayor and deputy mayors of Bucharest city works and meet the powers provided under the provisions of this law for the mayors and deputy mayors of municipalities and cities which apply accordingly.
(4) the Mayor and deputy mayors of Bucharest shall apply accordingly to the provisions of this Act with respect to the suspension and dismissal.
Article 84 of the sectors of Bucharest city Secretaries and the Secretary general of Bucharest are properly applicable provisions of cap. X. Article 85 Decisions the General Bucharest City Council and with normative provisions of general Mayor is mandatory and for local public administration authorities organized in Bucharest.
Article 86 (1) Mayor of Bucharest along with mayors of Bucharest Municipality sectors shall meet at least once a month, at the request of the mayor or at the initiative of at least three mayors of sectors. At the meeting considering the way in which they are carried out the decisions of the General Council of Bucharest and with normative provisions of the Mayor and of the mutual information is presented regarding the work of the local Council of sector, taking into account the correlation between certain activities necessary for the proper functioning of the Bucharest city administration. The meetings and the prefect of Bucharest.
(2) the mayors of sectors participating in the meetings of the General Council of Bucharest and interventions to debate the issues on the agenda.
(3) the meetings of the commissions of the General Bucharest City Council can attend specialized committees Chairmen of local councils of sector.
(4) the Presidents of the commissions of the district local councils have the right to intervene in the discussion, without the right to vote.
Chapter VI, Section 1, Constitution of the County Council and the County Council composition Article 87
(1) the County Council is the local government authority established by the County to coordinate the work of the municipal councils and municipal, communal, in pursuit of the public services of County interest.
(2) the County Council is composed of elected district councilors, through universal, equal, direct, secret and free suffrage, in accordance with the law.
Article 88 the number of members of each County Board shall be fixed by order of the prefect, depending on the number of inhabitants of the County, according to the population after the home reported by the National Statistics Institute on 1 January of the current year as follows: ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ │ County inhabitants Number │ │ │ │ advisers in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ up to 350,000 │ │ 31 in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ between 500,000 and 33 350,001 │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ between 500,001 and 650,000 │ │ 35 in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ over 650,000 │ 37 │
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Art. 88 was amended by section 6 of article. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
Article 89 District Councillors For validation of mandates properly applies the procedure laid down in article 21. 30, the competent court being the Court of first instance.
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Art. Amended 89 of point 7 of article. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
^ Article 89 1 Repealed.
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Art. 89 ^ 1 was repealed by section 8 of article. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
^ Article 89 2 Repealed.
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Art. 89 ^ 2 was repealed by section 8 of article. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
^ Article 89 3 Repealed.
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Art. 89 ^ 3 has been repealed by section 8 of article. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
Article 90 the establishment of County Council duly applies the provisions of art. 31-35.---------- 90 was amended by point 9 of article. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
Section 2 of the Powers of the County Council in article 91 (1) County Council performs the following main categories of tasks: a) duties on the Organization and operation of specialized equipment of the County Council, institutions and public services of County interest and commercial firms and public corporations autonomous county interest;
(b) concerning the development of economic powers) of the County;
c the management of competences) the heritage of the County;
d) public service management tasks from subordinates;
e inter-institutional cooperation duties);
f) other duties prescribed by law.
(2) in exercising the powers referred to in paragraph 1. (1) (a). the County Council): a) choose from among district councilors, two Vice-Chairmen;
— — — — — — — — — — — — — — the letter a) to paragraph 1. (2) of article 9. 91 was amended by section 5 of art. 78 of title III of law No. 35 of 13 March 2008, published in MONITORUL OFICIAL nr. 196 of 13 March 2008.
(b) the establishment or reorganization) acting by institutions, companies and public services of County interest, as well as the reorganization of County interest autonomous public corporations, in accordance with the law;
c) approves the Organization and operation of the County Council, organisation chart, the State functions, the rules of organization and functioning of the reproductive system, as well as of the institutions and public services of County interest and commercial firms and public corporations autonomous county interest;
d) exercises, in the name of the County, all rights and obligations corresponding to participations in companies or 1900, according to the law;
e) called, and has imposed the suspension, modification and termination of service or, where appropriate, of employment relationships, in accordance with the law, for the heads of institutions and public services of County interest.
(3) in exercising the powers referred to in paragraph 1. (1) (a). b), County Council: a) approve, on the proposal of the President of the County Council, the County's own budget, virările, how to use budgetary and reserve account of the end of the budget year;
(b) approves the proposal) to the President of the County Council, Contracting and/or guarantee loans, and contracting of local public debt by issuing securities on behalf of the County, according to the law;
c) taxes and fees the County under the law;
d) adopt strategies, forecasts and economic and social development and environment of the County, on the basis of proposals received from local councils; features, approve and pursue, in cooperation with local public administration authorities, municipal and communal stakeholders, necessary measures, including financial ones, to achieve them;
e) establishes, on the basis of the opinion of the local councils of the administrative-territorial units involved, organizing projects and landscaping of the County, as well as its overall urban development and administrative-territorial units; seeks way for achieving them, in cooperation with local public administration authorities or municipal municipal municipal, involved;
f) approve technical and economic documentation for investment of County interest, within the limits and in accordance with the law.
(4) in exercising the powers referred to in paragraph 1. (1) (a). c), County Council: a) the Administration decides, concession or leasing public property property of the County, as applicable, as well as public services of County interest, in accordance with the law;
b) decides the sale, lease or rental of goods or private property of the County, as applicable, in accordance with the law;
c) assigns, under legal terms, names of targets of interest.
(5) in exercising the powers referred to in paragraph 1. (1) (a). d), County Council: a) ensures, in accordance with its powers and in accordance with the law, necessary for the provision of public services of County interest relating to: 1. education;
2. social services for child protection, disabled persons, older persons, the family and other persons or groups in need;
3. health;
4. culture;
5. youth;
6. sport;
7. public order;
8. emergency situations;
9. environmental protection and restoration;
10. the preservation, restoration and the value of the historical and architectural monuments, parks, public gardens and natural resources;
11. the evidence of persons;
12. bridges and public roads;
13. Community public utility services of County interest, as well as the supply of natural gas;
14. other public services established by law;
b) supports, according to the law, the activity of religious worship;
c) deliver opinions, agreements and permits data under its jurisdiction by law;
d) consults in specific areas, according to the law, administrative-territorial units in the County, at their request.
(6) in exercising the powers referred to in paragraph 1. (1) (a). e), County Council: a) Decides, in accordance with the law, cooperation or association with Romanian legal persons, including foreign times partners from civil society, in order to finance and execute the actions, works, services or projects of public interest in the County;
b) Decides, in accordance with the law, the twinning with county administrative-territorial units from other countries;
c) Decides, in accordance with the law, cooperation or association with other administrative-territorial units in the country from abroad, as well as times and adherence to national and international associations of local authorities, in order to promote common interests.
Article 92
Persons empowered to represent the interests of the territorial-administrative unit in the company, 1900 of County interest, inter-community development associations and other cooperation or partnership shall be designated by the County Council, in accordance with the law, respecting the resulting policy configuration after the local elections.
Section 3 operation of the County Council in article 93 (1) County Council is elected for a four year term, which may be extended, by an organic law, in the event of war or catastrophe.
(2) the County Council exercises his mandate from the date of lodging the Declaration until such time as constituted in accordance with the newly-elected Council.
Article 94 (1) the Council shall meet in ordinary session every month, at the request of the President of the County Council.
(2) the County Council may meet and extraordinary meetings whenever necessary, at the request of the President or of at least one third of the members of the Council or at the request of the Commissioner, addressed to the President of the County Council, in exceptional cases which require the adoption of immediate measures for preventing, limiting or disaster relief, disasters, fire, epidemics or epizootic diseases, as well as for the protection of public order and peace.
(3) the convening of the County Council is made in writing, through the Secretary-General of the County, at least 5 days before the ordinary sessions or not later than 3 days before the extraordinary.
(4) in cases of force majeure and of utmost urgency to resolve the interests of the inhabitants of the County County Council be convened as soon as it is made.
(5) in the invitation to the meeting shall specify the date, time, venue and agenda.
(6) in the event that the President of the County Council are unable to convene the Council ordinary meeting, it shall be done by the Deputy Chairman designated under the terms of art. 107. (1) the agenda of the meeting of the County Council is aware of the County's inhabitants through the media or by any other means of advertising.
(8) in counties in which citizens belonging to national minorities have a share of over 20% of the inhabitants of the agenda shall be made public and in the mother tongue of the minority concerned citizens.
(9) in all cases the convening shall be recorded in the minutes of the meeting.
Article 95 (1) County Board meetings are conducted in the presence of the majority of Councillors in the District Office.
(2) the presence of advisers in the sitting district is mandatory. Cases where it is considered that the absence of special reasons shall be determined by the rules of organization and functioning of the County Council. In the event that a county councilor is absent for two consecutive times without reasonable grounds, he may be penalized under conditions of establishment and operation of the County Council.
Article 96 (1) County Council meetings are conducted by the Chairman or, in his absence, the Deputy Chairman designated under the terms of art. 107. (2) where, for good reasons, is missing and the Deputy Chairman designated under the terms of art. 107, the meeting will be headed by a Vice President or other Advisor, elected by a majority vote District Councillors present.
Article 97 (1) in exercising the powers conferred on it, the County Council shall adopt decisions by a majority vote of the members present, except in cases in which the law or the rules of organization and functioning of the Council require a different majority.
(2) draft decisions may be proposed by District councilors, County Council President, Vice-Presidents of the County Council or by citizens. Drafting is done by those who propose, with the support of the Secretary of the administrative-territorial unit and services within specialized apparatus of the County Council.
(3) Decisions shall be signed by the Chairman or, in his absence, by the Vice-Chairman of the County Council who headed the meeting and countersigned by the Secretary of the County.
Article 98 article 4. 42-46, 48-52 and art. 54 shall apply accordingly.
Article 99 (1) County Council is dissolved by operation of law under the conditions of art. 55 paragraph 1. (1) the county or by referendum.
(2) the County Secretary or any other person concerned shall refer the matter to the Administrative Court concerning the cases referred to in paragraph 1. 1. The Court shall examine the facts and to pronounce concerning the dissolution of the County Council. Judgment of the Court shall be final and shall be notified to the prefect.
(3) the County Council can be dissolved through referendum, organized in accordance with the law. The referendum shall be held at the request of the Commissioner to that effect addressed to at least 20% of the number of citizens with the right to vote, enrolled on the electoral roll of the administrative territorial unit.
(4) expenses for holding the referendum referred to in paragraph 1. (3) shall be borne by the budget of the County.
(5) County Referendum is organized in accordance with the law, a Committee composed of one representative of the prefect of the County Council designated by the County Council and a judge at the courthouse. The Commission's secretariat is provided by the institution of the Commissioner.
(6) the referendum is valid if presented themselves to the polls at least half plus one of the total number of residents with voting rights. The County Council's activity is terminated ahead of schedule if you opted for this purpose at least half plus one of the total number of votes validly cast.
(7) fix the date for holding the election of the new Board of the County Government, is made at the initiative of the Commissioner. The election shall be held no later than 90 days after the remaining final and irrevocable court decision which found the dissolution of the County Council or, where appropriate, of the outcome of the validation of the referendum.
(8) until the formation of the new County Council, county administration of problems will be resolved by the Secretary of the County, on the basis of special authorisation given by the Government, through the Ministry of Interior and Administrative reform).
(9) In the exceptional circumstances where the President of the County Council is in the impossibility of exertion of the mandate, the County Council is dissolved under the terms of paragraph 1. (1) to (7), and the Secretary of the County is vacant, the prefect appoints by order a person through secondment, pursuant to article. 89 para. (1) and (2) and, where appropriate, article 3. 92 of the law nr. 188/1999, republished, with subsequent amendments and additions, which would exercise the powers of the Secretary of the County to resolve current problems of the County, up to publish leading commanders of the Secretary in accordance with the provisions of the legislation concerning the public function and civil servants.
— — — — — — — — —-. (9) article. 99 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 14 of 27 May 2015, published in MONITORUL OFICIAL nr. 374 of 28 may 2015.
(10) a person appointed under the provisions of paragraph 1. (9) must fulfil the conditions for studies and work experience in specialty studies under this law and legislation concerning the public function and civil servants.
— — — — — — — — —-. (10) of article 1. 99 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 14 of 27 May 2015, published in MONITORUL OFICIAL nr. 374 of 28 may 2015.
(11) In the situation referred to in paragraph 1. (9), the prefect must apply promptly the national agency of civil servants for the organizing function of management of the Secretary of the County, according to the law.
— — — — — — — — —-. (11) article. 99 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 14 of 27 May 2015, published in MONITORUL OFICIAL nr. 374 of 28 may 2015.
(12) the appointment of the Secretary of the County is doing, in the situation referred to in paragraph 1. (11) by County prefect on a proposal by the national agency of civil servants.
— — — — — — — — —-. (12) article. 99 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 14 of 27 May 2015, published in MONITORUL OFICIAL nr. 374 of 28 may 2015.
Article 99 ^ 1 in the case of the dissolution of the County Council, under art. 55 paragraph 1. (1) (a). the a and b)), it shall be reconstituted from alternates, the provisions of art. 55 ^ 1 to apply to.
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Art. 99 ^ 1 was introduced by section 2 of art. III of the EMERGENCY ORDINANCE nr. 41 of 30 September 2015, published in MONITORUL OFICIAL nr. 733 of 30 September 2015.
Article 100 of the county counsel's mandate is suspended pursuant to article. 56. Section 4 of the President and Vice-Presidents of County Council Article 101 (1) the Council shall elect from among its members a Chairman and two Vice-Chairmen.
— — — — — — — — —-. (1) of article 1. 101 was modified by paragraph 10 of article 10. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
(2) the President and Vice-Presidents shall be elected by secret ballot by a majority vote of the District Councillors in Office.
— — — — — — — — —-. (2) of article 9. 101 was modified by paragraph 10 of article 10. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
(3) dismissal of the Chairman or Vice-Chairman of the County Council shall be by secret vote of two thirds of the number of Councillors in Office, at the proposal of at least a third of their number. Dismissal of the Chairman or Vice-Chairman of the County Council cannot be made within the last 6 months of the term of Office of the County Council.
— — — — — — — — —-. (3) art. 101 was modified by paragraph 10 of article 10. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
(3 ^ 1) The deliberations and the adoption of decisions concerning the selection or dismissal of the President or the Vice President of the County Council and County Councillor participating in vote candidates for President or Vice President of the County Council, respectively the Chairman or Vice-Chairman of the County Council whose release from Office is proposed.
— — — — — — — — —-. (3 ^ 1), art. 101 was introduced by subpct. 2 of item (IV) of article 1. 2 of EMERGENCY ORDINANCE No. 42 of 28 June 2016, published in MONITORUL OFICIAL nr. 492 of 30 June 2016.
(4) the term of Office of the President's, and Vice-Presidents of County Council shall receive a monthly allowance, as a unique form of remuneration corresponding to the work of the functions of Chairman and Vice-Chairman of the County Council, which represents the basis for the determination of rights and obligations shall be determined in relation to the salary. The President and Vice-Presidents of County Council does not benefit from the bonus for seniority of work and any other bonuses prescribed by law.
(5) the duration of the mandate and constitute in specialty studies completed.
Article 102 (1) the President of the County Council representing the County in its relations with other public authorities, individuals and legal entities with Romanian and foreign, as well as the judiciary.
(2) the President of the County Council of the County Council is responsible for the proper functioning of the public administration of the County.
— — — — — — — — —-. (2) of article 9. amended 102 of point 11 of article 1. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
(3) specialized apparatus of the County Council is subordinate to its President. Officials from specialized apparatus of the County Council enjoys stability according to the law.
Article 102 ^ 1 Repealed.
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Art. 102 ^ 1 was repealed by item 12 of article. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
Article 103 (1) the President of the County Council is responsible for the proper functioning of the appliance specialty of the County Council, on which he leads. Coordination of the specialized compartments can be delegated, by the County Council to the President, the Vice Presidents or others, in accordance with the law.
(2) the President of the County Council shall ensure that the provisions of the Constitution, the implementation of laws, decrees of the President of the judgments and orders of the Government, of the County Council, as well as other normative acts.
Article 104 (1) the President of the County Council meets, according to the law, the following main categories of tasks: tasks concerning the functioning of the appliance) specialty of the County Council, institutions and public services of County interest and to companies and public corporations autonomous county interest;
b the relationship with attributions) County Council;
c) attributions regarding the budget of the County;
d) relationship with other tasks relating to the authority of local public administration and public services;
e) concerning public powers of County interest;
f) other duties provided by law or the tasks given by the County Council.
(2) in exercising the powers referred to in paragraph 1. (1) (a). President of the County Council): a) shall establish and submit to the approval of the County Council regulation on the organisation and operation thereof, the organizational structure, functions and State rules of organization and functioning of the device, as well as of the institutions and public services of County interest and commercial firms and public corporations autonomous county interest;
b) called, and has imposed the suspension, modification and termination of service or, where appropriate, of employment relationships, in accordance with the law, for the staff of the specialized apparatus of the County Council.
(3) in exercising the powers referred to in paragraph 1. (1) (a). (b)), the Chairman of the County Council: the County Council) leads meetings and measures necessary for preparation and conduct of in good condition;
b) presents the County Council, or upon request, reports on how to fulfil its duties and of the County Council;
c) proposes the County Council the appointment, sanctioning, modification and termination of service or, where appropriate, of employment relationships, in accordance with the law, for the heads of institutions and public services of County interest.
(4) in exercising the powers referred to in paragraph 1. (1) (a). (c)), the Chairman of the County Council: a) exerts the function of authorising officer for loan principal;
b) draft budget of the County and draws up the account of the end of the budget year and submit them to the approval of the County Council, under the conditions and within the time limits provided for by law;
c) follows the way in which budgetary revenues and the County Council take the necessary measures for the collection thereof;
d) initiates, with approval of the County Council, negotiations for the contracting of loans and securities in the name of the County.
(5) in exercising the powers referred to in paragraph 1. (1) (a). (d)), the Chairman of the County Council: a) methodological guides by specialty appliance of the County Council, the activities of the civil status Act and the guardianship authority in municipalities and cities;
b) may be granted, without charge, through the device of the County Council's specialized, technical support, legal assistance, and any other local councils or mayors, at their express request.
(6) in exercising the powers referred to in paragraph 1. (1) (a). (e)), the Chairman of the County Council: a) coordinates public service and accomplishment of public benefit of County interest provided via specialized apparatus of the County Council or through the bodies providing public services and the public interest of County interest;
b) take measures to organize the execution and enforcement of the concrete activities in the areas referred to in article 1. 91 paragraphs 1 and 2. (5) (a). a)-d);
c) ensure records, statistics, inspection and monitoring of performance of public services and public interest of County interest provided for in art. 91 paragraphs 1 and 2. (5) (a). a)-(d)), as well as assets in the public and private heritage of the County;
d) deliver opinions, agreements and permits data under its jurisdiction by law or decree of the County Council;
e) coordinates and controls the bodies providing public services and the public interest, set up by the County Council and its subordinate;
f) coordinates and controls the activities of the infrastructure investments and the rehabilitation of the County.
(7) the Chairman of the County Council may delegate powers, through the provision of paragraph 1. (6) Vice-Presidents, directors and managers, functional compartments or the specialized staff, as well as heads of institutions and public services of County interest.
— — — — — — —-. (7) article. 104 was amended by paragraph 2 of article 9. in accordance with law No. 20 of March 13, 2014, published in MONITORUL OFICIAL nr. 191 of 18 March 2014.
Article 105 (1) the President of the County Council may establish, within the limit of the maximum number of posts approved, President, Cabinet, consisting of a maximum of 4 posts.
— — — — — — — — —-. (1) of article 1. 105 was amended by paragraph 2 of article 9. in accordance with law No. 119 of 21 may 2015, published in MONITORUL OFICIAL nr. 361 dated 26 May 2015.
(2) the staff of the President's Cabinet is appointed and dismissed by the President of the County Council.
(3) the staff of the Cabinet of the President of the County Council operates under an individual contract of employment contracts, concluded according to law, during the mandate of the President of the County Council.
(4) the powers referred to in paragraphs 1 and 2 of the personnel compartment. (1) shall be determined by the President of the County Council.
Article 106
(1) in the exercise of his powers the President of the County Council shall issue regulatory provisions or individually. They become enforceable only after they are brought to their attention or after having been communicated to the persons concerned, as appropriate.
(2) the provisions of art. 48 and of art. 49 para. (2) shall apply accordingly.
Article 107 (1) in the case of the suspension of its President, the powers shall be exercised by one of the Vice-Chairpersons, designated by the County Council by a majority vote of the District Councillors in Office.
(2) in all other cases of absence of the President of his powers will be exercised on his behalf by one of the Vice-Chairpersons, designated by the President.
Article 108 (1) the President and Vice-Presidents of County Council retains its status of County Councillor.
(2) the provisions of art. 69 and 71 shall apply accordingly to the President of the County Council.
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Art. 108 was modified by item 13 of article. 137 of title II of law No. 115 of 19 may 2015, published in MONITORUL OFICIAL nr. 349 of 20 may 2015.
Citizen Initiative Chapter VII Article 109 (1) citizens may propose local councils and county councils whose RADIUS is domiciled, for debate and adoption of the draft decision.
(2) promotion of a judgment may be initiated by one or more non-citizens voting, if it is supported by the signatures of at least 5% of the voting population of the respective administrative-territorial unit.
Article 110 (1) submitted to the Initiators territorial-administrative unit Secretary proposed for draft resolutions. The project will be displayed to the public through the Secretariat administrative and territorial unit.
(2) the founders shall ensure the establishment of lists of supporters on the forms made available by the Secretary of the administrative and territorial unit.
(3) the lists of supporters should include the surname, forename and domicile and identity document number and signatures of supporters.
(4) the lists of supporters can be signed only by the voting citizens residing within their respective administrative-territorial unit, whose local or County Council is due to discuss the draft resolutions in question.
Article 111 After the submission of the documentation and verification of the territorial-administrative unit Secretary, draft resolutions will follow the statutory procedures of the City Council or County, as applicable.
Chapter VIII public Administrator Article 112 (1) at the level of municipalities and cities, the Mayor of the local Council may propose the establishment of the Office of the public administrator, the maximum number of posts to be approved.
(2) the appointment and dismissal of the public administrator shall be made by the Mayor, on the basis of criteria, procedures and specific powers, approved by the City Council. Depending on appointment shall be made on a competitive basis.
(3) the public Administrator may perform under a management contract, concluded with the Mayor, coordination of the tasks or public services of local interest.
(4) the Mayor may delegate to the administrator of the public, according to the law, the main originator of quality loans.
Article 113 (1) at the level of counties, County Council President may propose to the Council the establishment of County public administrator function, the maximum number of posts to be approved.
(2) the appointment and dismissal of the public administrator shall be made by the President of the County Council, on the basis of criteria, procedures and specific powers, approved by the County Council. Depending on appointment shall be made on a competitive basis.
(3) the public Administrator may perform under a management contract, concluded with the President of the County Council, the powers of the device or of the public services of County interest.
(4) the President of the County Council may delegate to the administrator of the public, according to the law, the main originator of quality loans.
Article 114 (1) inter-community development Associations can decide on the appointment of a public administrator for the management of services of general interest which are covered by the Association.
(2) Recruitment, appointment and dismissal of public administrator of inter-community development associations shall be made on the basis of specific procedures of the boards and are approved by decisions of local councils and county councils concerned.
Chapter IX acts of local public administration authorities and their communication Article 115 (1) for the performance of their duties: a) the mayor shall issue;
b) City Council adopts decisions;
c) County Council adopts decisions.
(2) the mayor shall be notified to the prefect of the County, within 5 working days of signing them.
(3) decisions of the City Council shall be communicated to the Mayor): administrative-territorial units;
(b) the County prefect).
(4) decisions of the County Council shall be notified to the prefect of the County.
(5) documents between local public administration authorities and with the County prefect is carried out by means of the territorial-administrative unit Secretary.
(6) the acts of the local public administration authorities shall be made public by the Secretariat administrative and territorial unit.
(7) the decisions of the City Council, Mayor and County Council decisions are subject to the control of legality of the prefect under the law governing their activity.
Chapter X administrative-territorial units ' Secretaries Article 116 (1) every territorial-administrative unit and administrative-territorial subdivision of municipalities has a Secretary paid from local budgets. The Secretary of the village, town, city, County and the administrative-territorial subdivision of municipalities is public servant leadership, with higher education legal or administrative. Secretary enjoys stability.
(1 ^ 1) The period within which legal person with higher education occupies the position of Secretary, as well as leadership positions from your own specialist of the administrative-territorial units/administrative-territorial subdivision constitute the authority.
— — — — — — — — — — —-. (1 ^ 1), art. 116 was introduced by the sole article of law No. 131 of 24 June 2008, published in MONITORUL OFICIAL nr. 485 of 30 June 2008.
(2) the Secretary of the administrative and territorial unit may not be a member of a political party, under penalty of dismissal from Office.
(3) the Secretary of the administrative and territorial unit may not be the husband, wife or first-degree relative with the mayor or Deputy Mayor, with the Chairman or Vice-Chairman of the County Council, under penalty of dismissal.
(4) the recruitment, appointment, suspension, modification, termination of service and the disciplinary regime of the territorial-administrative unit Secretary shall be made in accordance with the provisions of the legislation concerning the public function and civil servants.
Article 117 (1) territorial-administrative unit Secretary meets, according to the law, the following powers: to endorse, for legality), Mayor and President of the County Council, the decisions of the local Council, the County Council;
b) participates in meetings of the local Council, the County Council;
c) ensures the management of administrative procedures concerning the relationship between the local Council and Mayor, respectively, the County Council and its Chairman, as well as between them and the prefect;
d) organise and track statistical archive of judgments of the local Council and Mayor, respectively of the judgments of the County Council and the County Council of the President;
e) transparency and communication to the public authorities, institutions and persons concerned the acts referred under the terms of Law) No. 544/2001 on free access to information of public interest, as amended and supplemented;
f) provides the procedures for convening the local Council, the County Council, and secretarial works, communicates the agenda, draws up the minutes of the meetings of the local Council, the County Council, and drafted local Council decisions of County Council;
g) prepares the work subject to debate local Council, the County Council, and specialized commissions;
h) other duties provided by law or by the local Council data tasks, Mayor, County Council or County Council President, as applicable.
(2) Notwithstanding the provisions of article 5. 21. (2) of law No. 273/2006
on local public finances, with subsequent amendments and additions, in the situations referred to in article 1. 55 paragraph 1. (8 ^ 1) or, where appropriate, in article 19. 99 para. (9), territorial-administrative unit Secretary preside originator main credit for current activities.
— — — — — — — — —-. (2) of article 9. 117 was introduced by point 3 of article 1. From the EMERGENCY ORDINANCE nr. 14 of 27 May 2015, published in MONITORUL OFICIAL nr. 374 of 28 may 2015.
Article 117 ^ 1 (1) the Secretary of the administrative and territorial unit shall communicate, within a period of 30 days from the date of death of a person, the Chamber of notaries in territorial constituency of which deceased had last home, a referral for the opening of the inheritance, which will include: a) name, surname and personal code of the deceased;
b) date of death, in the format day, month, year;
(c)) date of birth in the format day, month, year;
(d) the last place of residence);
e movable or immovable) of the deceased registered in tax records, or, where applicable, in agricultural register;
f) data format possible, qualify as legal heirs name, surname and address of the referenced citations.
(2) the right referred to in paragraph 1. (1) may be delegated by the Secretary of the Town Hall of one of the officers of the civil status Act.
(3) the Mayor will track the performance of these duties by the Town Hall Secretary or, where appropriate, by the civil status officer delegate.
(4) failure to comply with paragraph abolition. (1) disciplinary and administrative sanctioning attracts the person responsible, under the terms of paragraph 1. (3).
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Art. 117 ^ 1 was introduced by section 1 of article. V of law No. 133 of 18 July 2012, published in MONITORUL OFICIAL nr. 506 of 24 July 2012.
Chapter XI Offences and penalties Article 118 (1) Constitute contraventions and is sanctioned with a fine from 1,000 to 5,000 lei lei the following acts: (a)), nepunerea in bad faith, of the City Council by the Mayor;
b) nepunerea, in bad faith, of the County Council by the Chairman of the County Council;
c) failure within the period prescribed by the law on local public finances the budget of administrative-territorial unit by the Mayor, the County Board Chairman, respectively, of their guilt;
d) failure by the mayor or President of the County Council of the reports provided for by law, their fault;
(e) failure to take necessary measures) stipulated by the law, by the mayor or President of the County Council, in their capacity as representatives of the State in the territorial-administrative units.
f) transmit, within the time limit provided for in art. 117 ^. (1) the Chamber of notaries of the referral for the commencement of the inheritance.
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Lit. f) of paragraph 2. (1) of article 1. 118 was introduced by section 2 of art. V of law No. 133 of 18 July 2012, published in MONITORUL OFICIAL nr. 506 of 24 July 2012.
(2) the finding of violations and imposition of fines shall be made by the prefect, in his capacity as a public authority, Government representative in the region.
(3) the provisions of this article shall complement the provisions of Ordinance No. 2/2001 relating to the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.
Chapter XII goods and public works and property Administration Section 1 Article 119 Constitutes patrimony of administrative-territorial units movable and immovable property belonging to the public domain of the administrative territorial unit, private domain, as well as the rights and obligations of a patrimonial nature.
Article 120 (1) belong to the public domain of local interest or assets that County according to the law, or by their nature, are of use or in the public interest and are not declared by law or protection of the public interest.
(2) the assets forming part of the public domain are inalienable, imprescriptible and imperceptible.
Article 121 (1) of the administrative-territorial units shall be composed of movable and immovable property, other than those referred to in article 1. 120 para. (1), entered into the property through ways provided for by law.
(2) the assets forming part of the private sector are subject to the provisions of the common law, if the law does not provide otherwise.
(3) Donations and bequests with loads may be accepted only with the approval of the local Council or, where appropriate, of the County Council, with the majority vote of the Councillors or district, as appropriate, depending on the.
(4) the exchange of real estates in the area of administrative-territorial units shall be in accordance with the law, on the basis of an evaluation report, mastered the local Council.
Article 122 all property belonging to the administrative-territorial units are subject to annual valuation. Local and county councils will be allowed to submit annually by the mayor or President of the County Council, a report on the situation of the management of assets.
Article 123 (1) the local councils and county councils decide that assets belonging to public or private, local or County, as applicable, to be placed in administration of autonomous public corporations and public institutions to be leased or to be hired. They decide on buying goods or realisation of assets forming part of the private local, or County, in accordance with the law.
(2) the sale, lease and rental shall be made by public auction held in accordance with the law.
(3) by way of derogation from paragraph 1. (2) if the local or county councils decide on the sale of land owned by private administrative-territorial units that are high construction, builders in good faith of any of these with a pre-emptive right to buy land plot construction. The selling price shall be determined on the basis of an evaluation report, approved by the City Council or County, as applicable.
(4) construction Owners specified in paragraph 2. (3) shall be notified within 15 days upon the judgment of the City Council or County and can express the option of purchase within 15 days of receipt of the notification.
Article 124 local councils and county councils can use free of charge, for a limited period, of movable and immovable property publicly or privately owned, local county times appropriate, non-profit-making legal entities that carry out charitable activity or public interest times of public services.
Section 2 of the Public Works Article 125 local councils or county councils may contract by tender making works and services in the public interest, within the limit of the amounts approved by the local budget, respectively.
Article 126 Works of construction and repair of public interest financed from budgets of communes, towns, municipalities or counties, is running only on the basis of approved technical economic documentation or, where applicable, approved by the City Council and County Council times only on the basis of a public tender, within the limits and under the conditions provided by law.
Article 127 Documentation Planning and landscaping, the city, regarding the Township municipality and County shall be prepared, approved and financed in accordance with the law.
Chapter XIII transitional and final Provisions Article 128 local Councillors or district, as appropriate, the mayors, deputy mayors, Mayor of the municipality of Bucharest, mayors and deputy mayors of territorial-administrative subdivisions of the Presidents and Vice-Presidents of County Councils, Secretaries of administrative territorial units and specialized personnel from the Mayor, the County Council, respond, where appropriate, criminal, administrative, civil or criminal for deeds committed in the performance of their duties According to the law.
Article 129 Ilfov County resident in Bucharest.
Article 130 article. 57 paragraph 3. (4) and art. 101 paragraphs 1 and 2. (3) concerning the dismissal of the deputy mayors, chairpersons and Deputy Chairpersons of the District Councils after the elections apply to local public administration authorities in 2008.
Article 131 article. 19, art. 39 in paragraph 1. (7) and article 3. 76 para. (2) to (4) shall apply also in cases where, for various reasons, after the entry into force of this law, the share of citizens belonging to national minorities falls below the percentage referred to in article 1. 19. Article 132 *) name their own specialized device is replaced, all the normative acts in force, with the name of the device. The name of the device's own specialty of local Council is replaced, all the normative acts in force, called the Mayor's specialized apparatus. The name of the decentralised services of the ministries is replaced, all the normative acts in force, with the name of decentralized public services of ministries and other specialized bodies of central public administration.
Note
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Was art. 156 ^ 2 introduced by law No. 286/2006 published in the Official Gazette of Romania, part I, no. 621 of 18 July 2006.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 133 (1) this law shall enter into force 30 days after its publication in the Official Gazette of Romania, part I.
(2) are repealed on the same date the law on local public administration no. 69/1991, republished in the Official Gazette of Romania, part I, no. 79 of 18 April 1996, and its subsequent amendments, art. 15 para. (2) (a). (d)) and art. 18 paragraph 1. (2) the sentence of the law. 393/2004 *) on the status of local elected officials, and published in the Official Gazette of Romania, part I, no. 912 of 7 October 2004, with subsequent amendments, as well as any other provisions to the contrary.
Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the repeal of art. 15 para. (2) (a). (d)) and art. 18 paragraph 1. (2) the sentence of the law. 393/2004 on the status of local elected officials was ordered by item 111 of the art. 1 of law No. 286/2006 published in the Official Gazette of Romania, part I, no. 621 of 18 July 2006.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Note ─ ─ ─ ─ ─ ─ ─ ─ we reproduce below the provisions of art. II of law No. 286/2006 modification and completion of the law on local public administration no. 215/2001, which is incorporated in the consolidated text of the law No. 215/2001 and, further, that the provisions of law No. 286/2006: "Art. II. — (1) the Secretary of the House of Commons that, following the entry into force of this law, does not have higher education can keep public function with the obligation, within 3 years from the date of entry into force of this law, to graduate as a form of long-term higher education in specialty legal science or public administration, under penalty of dismissal.
(2) no later than 31 December 2006, under penalty of termination of service, they will produce documents proving their situation, enabling the fulfilment of the obligation set out in term above. "
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