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Law No. 102 Of 19 April 2007 Approving Government Emergency Ordinance No. 133/2006 On The Establishment, Organization And Functioning Of The Department For European Affairs

Original Language Title:  LEGE nr. 102 din 19 aprilie 2007 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 133/2006 privind înfiinţarea, organizarea şi funcţionarea Departamentului pentru Afaceri Europene

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LEGE no. 102 102 of 19 April 2007 for approval Government Emergency Ordinance no. 133/2006 on the establishment, organisation and functioning of the European Affairs Department
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 275 275 of 25 April 2007



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 133 133 of 21 December 2006 on the establishment, organization and functioning of the Department for European Affairs, published in the Official Gazette of Romania, Part I, no. 1.042 of 28 December 2006, with the following amendments and additions: 1. The title of the ordinance shall read as follows: " EMERGENCY ORDINANCE on the establishment, organisation and functioning of the Department for European Affairs under the Prime Minister 2. In Article 3, letter j) of paragraph (1) shall read as follows: "" j) represent Romania before the Court of Justice of the European Communities and the Court of First Instance of the European Communities and the other Community institutions: 1. in the procedures provided for in art. 226 226-228 of the Treaty establishing the European Community, in relation to the pre-litigation and contentious stages of the action in failure to fulfil the obligations resulting from the application of the Treaty establishing the European Community; 2. in the procedures provided for in art. 230 of the Treaty establishing the European Community, in connection with the action for annulment; 3. in the procedures provided for in art. 232 of the Treaty establishing the European Community, in connection with the action in finding abyoung to act; 4. in the procedures provided for in art. 234 234 of the Treaty establishing the European Community on the application for a preliminary ruling; 5. in the procedures provided for in art. 235 235 of the Treaty establishing the European Community on the action in the repair of damages, in accordance with art. 288 of the Treaty establishing the European Community; 6. in the procedures related to the application of art. 236 of the Treaty establishing the European Community; 7. in the framework of the contentious proceedings provided in art. 237 237 of the Treaty establishing the European Community on the obligations resulting from the Statute of the European Investment Bank, the measures adopted by the Council of Governors of the European Investment Bank, the measures adopted by the Council of The European Investment Bank, as well as in relation to the fulfilment by the national central banks of the obligations resulting from the application of the Treaty establishing the European Community and the Statute of the European System of Central Banks. ' 3. In Article 3 (1), after letter q) a new letter, letter r) is inserted, with the following contents: "r) manage transport costs for the participation of Romanian experts/delegates at the meetings of the Council of the European Union." 4. After Article 6, four new articles are inserted, articles 6 ^ 1 -6 ^ 4, with the following contents: "" Art. 6 6 ^ 1. -(1) The Department for European Affairs operates the government agent, charged with representing Romania before the Court of Justice of the European Communities and the Court of First Instance of the European Communities, and of the other Community institutions, in accordance with 3 3 para. ((1) lit. j). (2) The government agent has the rank of undersecretary of state, being appointed and relieved of office by decision of the Prime Minister, on the proposal of the Secretary of State who heads the Department for European Affairs. ((3) The appointment and dismissal of the government agent shall be communicated to the Registry of the Court of Justice of the European Communities and to the Registry of the Court of First Instance and to the other Community institutions. (4) The government agent is directly subordinated to the Secretary of State who heads the Department for European Affairs. Art. 6 ^ 2. -(1) For the purpose of the representation provided in art. 3 3 para. ((1) lit. j), the authorities and public institutions are obliged to send to the government agent, at the request and within the deadline set by him, all the necessary documents, data and information. (2) The Department for European Affairs, through the governmental agent, coordinates and supervises the foundation, by the public authorities and institutions, of the national positions to be communicated to the Community institutions, respectively to be transmitted and/or supported before the Community courts. Art. 6 ^ 3. -(1) In his activity, the government agent will give priority to solving the problematic aspects, avoiding the triggering of disputes in which the Romanian state has the status of defendant before the Community courts. ((2) If, for a period not exceeding 3 months, the government agent is in absolute impossibility to realize the representation provided in art. 6 ^ 1 para. ((1), it may/may delegate it to the staff responsible for this within the Department for European Affairs. (3) If the term provided in par. (2) is exceeded, then the Prime Minister, on the proposal of the Secretary of State who heads the Department for European Affairs, decides to appoint a replacement, for a fixed or indefinite period, as the case may be. Art. 6 ^ 4. -In order to carry out the work of the government agent, the Secretary of State who heads the Department for European Affairs can issue orders. " 5. In Article 7, paragraph 3 shall read as follows: "(3) The number of specialized posts of the Department for European Affairs is 135, excluding dignitaries." 6. Article 8 shall read as follows: "" Art. 8. -The maximum number of posts of the Ministry of European Integration diminishes by 77, that of the Prime Minister's Chancellery with 11, and the maximum number of posts in the Government working apparatus, except for the Department for Relations with Parliament and of the Prime Minister's Chancellery, funded according to the law, is supplemented by 137 posts. " 7. In Article 9, paragraph 1 shall read as follows: "" Art. 9. -(1) The personnel of the Department for European Affairs shall be salarized in accordance with the applicable legal provisions applicable to the personnel of the Government working apparatus, benefiting, in addition, from an increase for carrying out an activity of national interest of 75% of the basic salary for staff who coordinate the development of positions and strategies with community relevance, ensure transposition, implementation of the acquis communautaire and electronic notification of national legislation that transposes the acquis, monitors and supports fulfilment Romania's obligations as a member state of the European Union, as well as the one that ensures the relationship with the Parliament and coordinates the foundation of Romania's positions in non-contentious and contentious proceedings before the courts and community institutions. The other categories of staff benefit from an increase of 25% of the basic salary. " This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, April 19, 2007. No. 102. -----