Advanced Search

Law No. 144 Of 21 May 2007 On The Establishment, Organization And Functioning Of The National Agency For Integrity

Original Language Title:  LEGE nr. 144 din 21 mai 2007 privind înfiinţarea, organizarea şi funcţionarea Agenţiei Naţionale de Integritate

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 144 144 of 21 May 2007 (** republished) (* updated *) on the establishment, organization and functioning of the National Integrity Agency * *) ((updated until 4 February 2013 *)
ISSUER PARLIAMENT




----------- ----------- ** **) Republicated pursuant to art. II of Government Emergency Ordinance no. 138/2007 for amendment Law no. 144/2007 on the establishment, organization and functioning of the National Integrity Agency, published in the Official Gazette of Romania, Part I, no. 843 of 8 December 2007, approved by Law no. 105/2008 , published in the Official Gazette of Romania, Part I, no. 375 of 16 May 2008, giving the texts a new numbering. Law no. 144/2007 on the establishment, organization and functioning of the National Integrity Agency was published in the Official Gazette of Romania, Part I, no. 359 of May 25, 2007, was rectified in the Official Gazette of Romania, Part I, no. 368 368 of 30 May 2007 and has been amended by Government Emergency Ordinance no. 49/2007 to amend and supplement Law no. 144/2007 on the establishment, organization and functioning of the National Integrity Agency, published in the Official Gazette of Romania, Part I, no. 375 of 1 June 2007, approved with amendments and additions by Law no. 94/2008 , published in the Official Gazette of Romania, Part I, no. 305 305 of 18 April 2008. + Chapter III National Integrity Agency + Section 1 Organisation and operation + Article 13 (1) The National Integrity Agency, autonomous administrative authority, with legal personality, operating at national level, as a single structure, based in Bucharest, shall be established. (2) The Agency staff shall consist of the President of the Agency, the Vice-President of the Agency, integrity inspectors, civil servants and contract staff. The president of the Agency is a dignitary with the rank of state secretary, the deputy chairman of the Agency is a dignitary with the rank of undersecretary of state, and the position of integrity inspector is a public office ---------- Alin. ((3) of art. 13 13 has been repealed by section 6.6. 2 2 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. + Article 15 (1) In the performance of its duties under the law, the Agency shall act in accordance with the principle of (2) The agency is headed by a president, aided by a deputy chairman, appointed by the Senate, on a contest basis, organized by the National Integrity Council. The term of office of the President and the Vice-President shall be maintained until the end of the period ---------- Alin. ((2) of art. 15 15 has been amended by section 4 4 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. ((3) According to the principle of operational independence, the president, vice president and integrity inspectors will not request or receive provisions relating to assessments of persons ' wealth, conflicts of interest and incompatibilities of to no public authority, institution or person. ---------- Alin. ((3) of art. 15 15 has been amended by section 4 4 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. + Article 16 (1) The financing of current and capital expenditure of the Agency shall be fully ensured from the state budget. The draft budget shall be drawn up by the President or, as the case may be, by the Vice-President of the Agency, with the opinion of the Ministry of Public Finance, and shall be submitted to the Government, in order to be included distinctly in the draft (2) The President of the Agency shall be the principal authorising officer. If the position of President of the Agency is vacant, as well as in any other cases where the President is unable to exercise his office, the quality of principal authorising officer shall be exercised by the Vice-Chair. The Agency or the Secretary General of the Agency ---------- Alin. ((2) of art. 16 16 has been amended by section 5 5 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. (3) The maximum number of posts for the Agency is 200, and can be amended by the state budget law, at the proposal of the President of the Agency (4) The organizational structure of the Agency, the tasks, tasks and responsibilities of the personnel of its own apparatus shall be established by the Regulation of organization and functioning, approved by order of the President of the Agency, and shall be published in Official Gazette of Romania, Part I. ---------- Alin. ((4) of art. 16 16 has been amended by section 5 5 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. + Section 2 Staff Staff Regulations + Article 18 (1) May be appointed as inspector of integrity the person who meets the conditions laid down in art. 19 19 para. ((2). ((2) The appointment of the integrity inspectors shall be based on a contest or examination, organized according to the regulation approved by decision *) of the National Integrity Council, on the proposal of the President of the Agency, and published in the Official Gazette of the Romania, Part I, as well as on the Agency's website. -------- * *) See Decision of the National Integrity Council no. 3/2008 on the approval of the Competition Regulation or the examination for the position of integrity inspector within the National Integrity Agency, published in the Official Gazette of Romania, Part I, no. 116 116 of 14 February 2008, with subsequent amendments and completions. ((3) The appointment of the integrity inspector, the other civil servants and the contract staff, respectively, shall be made according to Law no. 188/1999 on the Statute of civil servants, republished, with subsequent amendments and completions, Government Emergency Ordinance no. 24/2000 on the system for determining the basic salaries for contract staff in the budgetary sector, approved by Law no. 383/2001 ,, as amended, and Law no. 53/2003 -Labor Code, with subsequent amendments and completions. (4) The staff of the Agency shall be prohibited from publicly expressing their opinion on the cases pending before the Agency. (5) The staff of the Agency shall have the obligation not to disclose the data or information to which it had access other than under the law. This obligation is maintained for 5 years and after the end of the activity, under penalty of criminal law. (6) The staff of the Agency shall respond to civil, disciplinary, contravention, administrative and criminal law, under the law. + Article 19 (1) The President and the Vice-President of the Agency shall be appointed by the Senate, for a term of 4 years, which shall not be renewed, following the contest organized under this law. (2) The person who cumulatively meets the following conditions may be appointed as President or Vice President of the Agency: a) is a Romanian citizen; b) has full exercise capacity; c) has higher legal or economic studies attested under the law; d) it does not, nor has it been part, in the last 3 years, of any political party, party or political alliance; e) was not an agent or collaborator of the information services before 1990, was not and is not a operative, including covered, informant or collaborator of the intelligence services; f) was not convicted of crimes committed with intent, for which rehabilitation did not intervene, and which render him incompatible with the function of public dignity, and has no fiscal record; g) is medically and psychologically fit for the exercise of the function. (3) Proof of meeting the conditions provided in par. ((2) lit. d) and e) is made on the basis of the affidavit, authenticated by a notary public. + Article 20 (1) Within 5 days from the approval of the Rules of Conduct of the Contest or the Exam, the Council will make public the triggering of the selection procedure of the President or the Vice President, by publishing an announcement on the website of Agency, in at least 3 newspapers with national coverage and in the Official Gazette of Romania, Part III. The financing of the expenses occasioned by the organization and conduct of the contest or of the examination in order to appoint the President or the Vice President of the Agency, as the case may be ((. Applications accompanied by the supporting documents shall be submitted, within 30 days from the publication of the notice, to the human resources department of the Agency. + Article 21 (1) In no more than 10 days after the expiry of the deadline for submission of applications, the National Integrity Council will verify compliance with the conditions provided in art. 19 19 para. (2) and will make the selection of candidates ' files. (2) Within 30 days from the end of the checks, the candidates who meet the conditions provided in art. 19 19 para. (2) will support a contest. + Article 22 (1) The conditions and procedure for conducting the contest shall be established by regulation. (2) The Rules of Conduct of the Contest or Exam shall be approved by decision *) of the National Integrity Council and shall be published in the Official Gazette of Romania, Part I, and on the Agency's website, within 15 days from Council constitution -------- * *) See Decision of the National Integrity Council no. 2/2007 on the approval of the Rules of Conduct of the Competition or Exam for the occupation of the President and Vice-President of the National Integrity Agency, published in the Official Gazette of Romania, Part I, 479 479 of 17 July 2007, with subsequent amendments and completions. (3) The competition theme and the composition of the commissions for the organization of the contest, the elaboration of the topics, the correction of the works and the resolution of appeals are established by decision of the National Integrity Council and published on the Agency internet. (4) The contest or examination consists of a written test and an interview. (5) The subjects of competition in the written test shall be established on the basis of the competition theme, so as to reflect both the specialized knowledge of the candidates and the leadership and organization qualities. The topics are each noted with points from 1 to 100. (6) In order to be declared admitted, candidates must obtain a minimum score of 70 points on each subject. ((7) Appeals shall be submitted within two days from the display of results and shall be settled within two days from the expiry of the filing deadline. ((8) Candidates who obtained the minimum score provided in par. (6) will hold an interview before the National Integrity Council within 5 days of the resolution of appeals. (9) The results of the contest shall be validated by the National Integrity Council within 15 days from the resolution of appeals. (10) In no more than 10 days after the submission of applications, the contest organizing committee requests the National Council for the Study of Security Archives to verify and communicate to it the membership or collaboration of candidates with the services of information before the year 1990. The results of the checks attach to the candidate's file + Article 23 The appointment of candidates admitted shall be made by the Senate, within 15 days from the validation of the results of the contest, according to the regulation. + Article 24 (1) Within 5 days from the validation of the contest or examination the President and the Vice President of the Agency shall submit before the Senate the following oath: " I swear to respect the Constitution and the laws of the country, to defend the the person, to perform my duties with honor, conscience and without bias. So help me God! "or, as the case may be, I speak the following formula:" I am bound to respect the Constitution and the laws of the country, to defend the fundamental rights and freedoms of the person, to fulfill my duties with honor, conscience and without bias. The reference to divinity is not mandatory. (2) The refusal of the swearing-in or the wording of the formula attracts the nullity of the appointment. + Article 25 The President and the Vice President of the Agency may be relieved of their duties a) resignation; b) managerial incapacity, found according to the provisions of art. 26 26 para. ((2); c) final conviction for committing a crime; d) when non-compliance with the legal provisions on conflict of interest, the regime of incompatibilities or when the confiscation of a part of the wealth or a determined good is ordered; e) failure to fulfill any of the conditions provided in art. 19 19 para. ((2). + Article 26 (1) In the situations provided in art. 25, the Senate has, by decision, the release from office, at the proposal of the National Integrity Council. (2) The finding of the situation provided in art. 25 lit. b) is made by a commission made up of 5 members appointed by the Council, on the proposal of the President of the Council which, on the basis of the independent external audit report provided (3), shall ensure the evaluation of the managerial capacity of the Agency The conclusions of the evaluation committee shall be presented to the Council and shall be submitted to the Senate ---------- Alin. ((2) of art. 26 26 has been amended by section 7 7 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. (3) The Senate may order an independent annual external audit report. (4) The finding of the situations provided in art. 25 lit. c) and e) shall be made by the National Integrity Council, ex officio or upon referral of any person. + Article 27 The functions of President and Vice-President of the Agency shall be incompatible with any other public or private function, with the exception of exclusively teaching functions or activities in higher education. + Article 28 (1) The main tasks of the President of the Agency are a) organize, coordinate, lead and control, within the limits of the law, the current activity of the b) approve the state of functions and personnel; c) appoint, by order, the staff of the Agency, under the law d) exercise disciplinary action against subordinate personnel; e) ensure the publication of the Agency's annual activity report and independent external audit on the Agency's website; f) submit to the Council, quarterly or at its request, whenever necessary, the information on the Agency's activity; g) represent the institution in relations with any other public or private institution or natural person; h) ensure that the strategy is drawn up on procedures for assessing wealth, conflicts of interest and incompatibilities by the Agency, taking into account the recommendations of the Council; the strategy shall be drawn up annually and shall be submitted for approval. Council; ---------- Letter h) a par. ((1) of art. 28 28 has been amended by section 4.2 8 8 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. i) issue orders and instructions; j) performs any other duties provided by law. (2) The Vice-President of the Agency shall exercise the powers provided by this Law or entrusted by If the President of the Agency is unable to exercise his office or function is vacant, the Vice President shall exercise all the duties provided in par. ((1). (. The President, the Vice-Chair and the Secretary-General of the Agency shall not carry out any operational tasks relating to the assessments of persons ' wealth, conflicts of interest and ---------- Alin. ((3) of art. 28 28 has been amended by section 9 9 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. + Article 29 (1) The salary and other rights of the staff of the Agency shall be established taking into account the importance, liability, complexity and specificity of the activity carried out, by the prohibitions and incompatibilities provided by law, guaranteeing its independence and autonomy, according to the law. (. The President and the Vice-President of the Agency shall be salarised according to Annex XI to Framework law no. 330/2009 on the unitary pay of personnel paid from public funds and benefit from other bonuses, prizes and salary rights provided by law for integrity inspectors. ((3) Abrogat. ---------- Alin. ((3) of art. 29 29 has been repealed by section 6.6. 1 1 of art. I of EMERGENCY ORDINANCE no. 5 5 of 30 January 2013 *) published in MONITORUL OFFICIAL no. 72 72 of 4 February 2013. (4) The Agency shall bear, for the members of the Council, the expenses of travel from home, if their domicile is located in a locality other than the city of Bucharest, as well as the other expenses necessary to carry out the trips and abroad, in the interest of achieving the objectives of this law, within the approved budget. (5) Members of the Council are entitled to a meeting allowance, as provided for in Government Emergency Ordinance no. 27/2010 on the amendment art. II of Law no. 203/2009 for approval Government Emergency Ordinance no. 79/2008 on economic and financial measures at the level of economic operators approved by Law no. 148/2010 , and 1% of the gross salary of the Agency's president. These rights are taxed under the law. ---------- Article 29 has been amended by section 6.6. 10 10 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. + Article 29 ^ 1 (1) The basic salary of the position of general manager of the Agency shall be established by assimilation with the basic salary of the position of director of the Competition Council, corresponding to the length of work. (2) The basic salary of the position of director of the Agency shall be established by assimilation with the basic salary of the position of deputy director of the Competition Council, corresponding to the length of work. (3) The basic salary of the office of head of service within the Agency shall be established by assimilation with the basic salary of the office of chief service of the Competition Council, corresponding to the length of service. (4) The basic salary of the office of higher-grade integrity inspector is established by assimilation with the basic salary of the position of higher-grade competition inspector of the Competition Council, corresponding to the length of work. (5) The basic salary of the office of chief integrity inspector is established by assimilation with the basic salary of the position of competition inspector with main degree within the Competition Council, corresponding to the length of work. (6) The basic salary of the office of inspector of integrity with assistant degree is established by assimilation with the basic salary of the position of inspector of competition with assistant degree within the Competition Council, corresponding to the length of work. (7) The basic salary of the office of junior integrity inspector is established by assimilation with the basic salary of the office of junior competition inspector of the Competition Council, corresponding to the length of work. (8) The basic salaries provided in par. ((1)-(3) may only benefit the management staff of the Agency, assigned to specific public functions. ----------- Article 29 ^ 1 has been introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 5 5 of 30 January 2013 *) published in MONITORUL OFFICIAL no. 72 72 of 4 February 2013. + Article 30 (1) The security of the premises of the Agency, the goods and their values, the supervision of access and the maintenance of the internal order necessary for the normal conduct of the activity in these premises shall be ensured, free of charge, by the Romanian Gendarmerie, by its specialized structures. (2) The gendarme effects and the funds necessary to ensure the security and protection of the objectives and personnel of the Agency shall be established by Government decision, at the proposal of The establishment of the guard with gendarmes flocks will be carried out only to the extent that the flocks and the financial funds necessary to provide this service will be supplemented. The manner of use of the gendarmerie staff to ensure the security and protection of the objectives and personnel of the Agency shall be established by protocol concluded between the Ministry of Administration and Interior and + Article 31 (1) The preventive arrest of the President, the Vice-President or an Integrity Inspector of the Agency shall entail the suspension of law from the position he holds. ---------- Alin. ((1) of art. 31 31 has been amended by section 11 11 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. (2) Within 24 hours from the date on which the measures provided in par. (1) the prosecutor or, as the case may be, the judge shall communicate the solution to the Agency and, as the case may be, (3) The suspension from office shall be determined by the National Integrity Council for the President and Vice-President of the Agency and by the President of the Agency for subordinate personnel. It shall be communicated to that person. (4) If the President and the Vice President of the Agency are suspended from office, the National Integrity Council shall delegate the duties of management to an integrity inspector. The interim shall cease on the date of return to office of the holders or on the date of appointment of other persons. (5) If the revocation of the preventive arrest measure is ordered, the suspension ceases and that person will be reintegrated into the previously held position and the salary rights related to the suspension period will be paid to him. ---------- Alin. ((5) of art. 31 31 has been amended by section 11 11 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. + Article 32 (1) The quality assessment of the Agency's management is done annually, through an independent external (2) Financing of the audit referred to in par. (1) is made from the Agency's budget. The selection of the entity that will carry out the audit is done in compliance with the legal provisions on (3) In the public procurement procedure, public sector entities or private sector entities to which the State is a shareholder may not participate. + Article 33 (1) The audit report shall be drawn up in the first 3 months of the year and shall include, on a mandatory basis, recommendations on how to carry out the managerial tasks, the efficient organization, the behavior and the communication, the assumption of responsibilities to the management of the Agency, as well as recommendations on the need for reduction or, where appropriate, additional posts of the Agency. (2) Within a maximum of 5 days from the receipt of the audit report, the President of the Agency shall communicate to the National Integrity Council. + Chapter IV National Integrity Council + Article 34 The National Integrity Council, hereinafter referred to as the Council, is the representative body, under parliamentary control exercised by the Senate, with non-permanent activity, which performs the duties provided by this law. + Article 35 (. The Council shall be appointed by the Senate and shall consist of a number of members appointed as follows: a) one member appointed by each parliamentary group in the Senate, plus the group of national minorities in the Chamber of Deputies; b) a representative of the Ministry of Justice and Civil Liberties and a representative of the Ministry of Public Finance; c) a representative of the National Union of County Councils in Romania, designated by the general assembly, according to the statute; d) a representative of the Association of Municipalities of Romania, designated by the general assembly, according to the e) a representative of the Association of Cities in Romania, designated by the general assembly, according to the statute f) a representative of the Association of Communes of Romania, appointed by the General Assembly, according to g) a representative of senior civil servants and a representative of civil servants, appointed by the National Agency of Public Servants; h) a representative appointed jointly by the magistrates ' associations, legally constituted; i) a representative appointed by the organizations of the legally constituted civil society, with activity in the field of human rights, legal or economic-financial. ((2) The entities referred to in par. (1) shall designate their representatives in the Council within 20 days from the date of entry into force of the law. The Council shall be valid if at least half plus one of the members are appointed by the entities referred to in paragraph 1. ((1). ((3) The entities referred to in par. ((1) shall designate an alternate accordingly. (4) Within 5 days from the appointment by the entities referred to in par. (. of the members of the Council, the Senate shall convene the meeting of the Council. The meeting is legally constituted if at least half plus one of the members of the Council participates. + Article 35 ^ 1 (1) May be appointed as a member of the National Integrity Council the person who cumulatively meets the following conditions: a) is a Romanian citizen; b) has full exercise capacity; c) has higher education attested under the law; d) was not an agent or collaborator of the information services before 1990, was not and is not a operative, including covered, informant or collaborator of the intelligence services; e) it was not definitively found that it was in a state of incompatibility, in conflict of interest or that there were significant differences of more than 10,000 euros; f) was not convicted of crimes committed with intent, for which rehabilitation did not intervene, and has no fiscal record; g) is medically and psychologically fit for the exercise of the function. (2) Proof of meeting the conditions provided in par. ((1) lit. d) is made on the basis of the affidavit, authenticated by a notary public. ---------- Art. 35 ^ 1 was introduced by item 12 12 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. + Article 36 (. The President of the Council shall be elected from among its members, by secret ballot of at least half plus one of the members, within 5 days from the date of the establishment of the Council. (2) The President of the Council may be revoked by secret ballot of at least two thirds of the total number of members of the Council, if he has violated the Constitution and the laws of the country or executed in bad faith the duties assigned to him by his office Owned. + Article 37 (1) The mandate of the members of the Council is 4 years ---------- Alin. ((1) of art. 37 37 has been amended by section 13 13 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. (2) The mandate of the Council member shall cease at the date of appointment of the new members, in compliance with the provisions ((1). (3) The mandate of the member shall cease, before the deadline, by revocation by the Senate, for the non-performance of legal duties, by resignation or in case of death. It represents the non-performance of legal duties and the case in which a member of the Council is absent unmotivated at 3 consecutive meetings or at any 6 meetings of the Council in the course of a year. ---------- Alin. ((3) of art. 37 37 has been amended by section 13 13 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. ((. The alternate shall participate fully in meetings of the Council, in the absence of the member of the Council which it replaces. (5) In the cases provided in par. (3), the appointment of the new members of the Council or, as the case may be, of their alternates shall be made according to 35 35 para. ((1) and (3). ((6) Between the 90th day and the 30th day before the expiry of the Council's mandate, the members of the future Council will be appointed. + Article 38 (1) Council meetings shall be public. (. The Council shall have the following tasks a) proposes to the Senate the appointment and removal from office of the President and Vice-President of the Agency b) ascertains the suspension of the President and the Vice-President c) approves by decision the regulations of organization and functioning of the Council and the committees of the Council, as well as internal rules of conduct; ---------- Letter c) a par. ((2) of art. 38 38 has been amended by section 4.2 14 14 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. d) approve the rules of conduct of the contest or examination for the appointment of the President and the Vice President of the Agency, as well as the competition theme and the composition of the commissions for the organization of the contest the subjects, the correction of the works and the resolution of appeals, adopting decisions in this regard; e) analyze the information and reports submitted by the President of the Agency regarding its activity, quarterly or whenever requested by the Council, by its chairman; f) formulates recommendations on the strategy and activity of the Agency for the evaluation of assets, conflicts of interest and incompatibilities; ---------- Letter f) a par. ((2) of art. 38 38 has been amended by section 4.2 14 14 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. g) analyzes the annual audit report provided for in art. 33 33; h) submit to the Senate, annually and whenever it considers necessary, a report on the Agency's activity; i) any other duties provided by law. + Article 38 ^ 1 The activity of assessing the wealth, interests and incompatibilities for the President and Vice-President of the Agency, as well as for its staff, shall be made, under the conditions of this Law, by an evaluation committee within the Council National Integrity, made up of 5 members appointed by the Council, on the proposal of the President of ---------- Art. 38 ^ 1 was introduced by item 15 15 of art. 33, Part II of LAW no. 176 176 of 1 September 2010 , published in MONITORUL OFFICIAL no. 621 621 of 2 September 2010. + Article 39 The members of the Council shall be obliged, in the exercise of their duties, to refrain from expressing or publicly manifesting their political beliefs concerning the work of the Council or the Agency and not to favour any political party or any organisation applicable to the same legal regime as political parties. + Article 40 (. The Council shall meet monthly or whenever necessary. ((. The convocation of the Council shall be made by the President of the Council or by a number of members representing at least one quarter of its members. (. The Council shall work in the presence of at least two thirds of its members and shall adopt decisions with the vote of the simple majority of members present. (. The Secretariat of the Council shall be provided by the designated staff of the Agency. (5) The work of the Council shall, as a rule, be carried out at + Chapter VIII Transitional and final provisions + Article 58 No later than 30 days from the date of entry into force of this law, according to art. 62 62 para. ((1) lit. b), the documents from the archive at the commissions provided by Law no. 115/1996 , with subsequent amendments and completions, they shall be handed over, on the basis of minutes, to the Agency. The causes in which the checks are ongoing will be further resolved by the wealth research committees, according to Law no. 115/1996 , with subsequent amendments and completions. + Article 59 The documents shall be submitted to the Council for the position of the President and Vice-President of the Agency + Article 60 Within 30 days from the date of entry into force of this law, the persons designated according to art. 10 will ensure the implementation of the provisions of this law and will introduce in the regulations of interior order detailed provisions regarding the declaration of wealth, declaration of interests and incompatibilities, adapted to the specific institutions, which will be notified to all employees together with the provisions of this law. + Article 61 The fines imposed under this law are constituted income to the state budget. + Article 62 (1) This law shall enter into force: a) 3 days after the publication in the Official Gazette of Romania, Part I*), regarding the head. III and IV, regarding the National Integrity Agency and the National Integrity Council; -------- * *) Law no. 144/2007 on the establishment, organization and functioning of the National Integrity Agency was published in the Official Gazette of Romania, Part I, no. 359 359 of 25 May 2007. b) 6 months after the publication in the Official Gazette of Romania, Part I, regarding the head. I, II and head. V-VII. (2) The National Integrity Council shall be designated no later than 30 days after the entry into force of this Law, according to par. ((1) lit. a). (3) The President and the Vice-President of the Agency shall be appointed by the Senate under the present law (4) The Agency shall operate with a number of 28 posts up to the date when it becomes operational, within the period referred to in paragraph 1. ((1). Until 15 December 2007, the Ministry of Economy and Finance, Ministry of Justice, Ministry of Interior and Administrative Reform, Ministry of Labour, Family and Equal Opportunities *), National Agency for Fiscal Administration and Agency The National Civil Servants will detach people who will carry out operations related to the establishment, organization and functioning of the Agency. On the date on which the Agency becomes operational, these persons may opt, with the agreement of the President of the Agency, for carrying out the activity within the Agency, by transfer, ------- * *) Government Emergency Ordinance no. 221/2008 for the establishment of reorganization measures within the central public administration, published in the Official Gazette of Romania, Part I, no. 882 of 24 December 2008, the Ministry of Justice, the Ministry of Interior and Administrative Reform and the Ministry of Labour, Family and Equal Opportunities have replaced the names of the Ministry of Economy and Finance. with the names of the Ministry of Public Finance, the Ministry of Justice and Citizens ' Freedoms, the Ministry of Administration and Interior and the Ministry of Labour, Family and Social Protection. (5) The institutions provided in par. (4) designate the posted personnel as follows: a) Ministry of Economy and Finance-4 persons; b) Ministry of Justice-6 persons; c) Ministry of Interior and Administrative Reform-5 persons; d) Ministry of Labor, Family and Equal Opportunities-4 persons; e) National Agency for Fiscal Administration-6 persons; f) National Agency of Public Servants-3 persons. (6) In order to comply with the provisions of (2)-(5), the Government shall allocate the financial, material and logistical resources for the functioning of the Agency, no later than 20 days after the entry into force of this Law, according to par. ((1) lit. a). At the same time, the Government and local public administration authorities will take measures to ensure the Agency's headquarters (7) The first evaluation of the Agency's activity will be carried out starting with the mandate of the President, appointed 23. + Article 63 (1) On the date of entry into force of this Law, according to art. 62 62 para. ((1) lit. b) the following: a) art. 1, 2, art. 3 3 para. ((2) and (3), art. 4-9 4-9, art. 11-13 11-13, art. 14 14 para. ((1), art. 15 lit. b), art. 16 16 para. ((2), art. 19 19, art. 21-23 21-23, art. 32 32, 35, 36, 38 and 39 of Law no. 115/1996 , with subsequent amendments and completions; b) head. I "General provisions", para. ((3)-(7) of art. 73 73, art. 74, para. ((3) and (4) of art. 76 76 in the head. II "Conflict of Interest" and art. 112 and 113 of the head. VI "Common provisions" of Title IV "Conflict of interests and regime of incompatibilities in the exercise of public dignity and public functions" of the book I "General regulations for the prevention and control of corruption" Law no. 161/2003 , published in the Official Gazette of Romania, Part I, no. 279 of 21 April 2003, with subsequent amendments and completions; c) art. 54 54 para. ((1) of Law no. 393/2004 on the Statute of local elected officials, published in the Official Gazette of Romania, Part I, no. 912 of 7 October 2004, with subsequent amendments and completions. (2) The provisions on incompatibilities provided in art. 80 80-110 of the head. III, Title IV, book I and those provided for in art. 115-117 of the head. VII, Title IV, book I of Law no. 161/2003 , with subsequent amendments and completions, are and remain in force. (3) The provisions of the present law relating to the verification of conflicts of interest and the finding of incompatibilities do not apply to magistrates in the work of solving cases pending before the courts and prosecutor's offices on next to them, on which the conflict of interest was invoked or the finding of incompatibilities. + Article 64 Law no. 115/1996 for the declaration and control of the approval of dignitaries, magistrates, persons with management and control positions and civil servants, published in the Official Gazette of Romania, Part I, no. 263 of 28 October 1996, as amended and supplemented, shall be amended as follows: 1. In Article 14, paragraph 2 shall read as follows: "(2) The order of classification shall be communicated to the parties and to the competent prosecutor's office, as well as to the county general directorate of public finances in whose radius the person whose wealth is subject to verification." 2. In Article 16, paragraph 1 shall read as follows: "" Art. 16. -(1) The chairman of the appellate court or the chairman of the administrative and fiscal litigation section, receiving the file, fixes the court term, according to the law, and orders the citation of all parties that have been called to the Agency. The state, through the Ministry of Public Finance, will always be quoted in court. The participation of the prosecutor and the National Integrity Agency is mandatory. " 3. Article 20 shall read as follows: "" Art. 20. -The appeals of the court of appeal-the administrative and fiscal litigation section can be appealed by interested parties, by the Agency and the prosecutor, within 15 days from the communication, to the High Court of Cassation and Justice- administrative and fiscal. " 4. Throughout the whole Law no. 115/1996 , the phrase "research committee" is replaced by the name "National Integrity Agency". + Annex BASIC SALARIES for personnel assigned to the functions of integrity inspector ┌ ---- [...] [...] [...] [...] [...] [...] [...] | | No. | Public function | Class | Degree | Treapt by | Basic Salary | | | | | | | | | | | | | | |-lei-| ├ ---- [...] [...] [...] [...] [...] [...] | | 1. | Inspector of integrity | I | Superior | 1 | 3,500 | ├ ---- [...] [...] [...] [...] [...] [...] | | | I | Superior | 2 | 3.200 | ├ ---- [...] [...] [...] [...] [...] [...] | | | I | Superior | 3 | 3,000 | ├ ---- [...] [...] [...] [...] [...] [...] | | | I | Principal | 1 | 2.700 | ├ ---- [...] [...] [...] [...] [...] [...] | | | I | Principal | 2 | 2,500 | ├ ---- [...] [...] [...] [...] [...] [...] | | | I | Principal | 3 | 2.300 | ├ ---- [...] [...] [...] [...] [...] [...] | | | I | Assistant | 1 | 2,000 | ├ ---- [...] [...] [...] [...] [...] [...] | | | I | Assistant | 2 | 1.700 | ├ ---- [...] [...] [...] [...] [...] [...] | | | I | Assistant | 3 | 1,500 | ├ ---- [...] [...] [...] [...] [...] [...] | | | | Debutant | | | 1.100 | └ ---- [...] [...] [...] [...] [...] [...] [...] -----