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Law No. 194 Of 28 June 2007 Amending And Supplementing Law No. 24/2000 On Legislative Technique For Drafting Laws

Original Language Title:  LEGE nr. 194 din 28 iunie 2007 pentru modificarea şi completarea Legii nr. 24/2000 privind normele de tehnică legislativa pentru elaborarea actelor normative

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LEGE no. 194 194 of 28 June 2007 to amend and supplement Law no. 24/2000 on legislative technical rules for the elaboration of normative acts
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 453 453 of 4 July 2007



The Romanian Parliament adopts this law + Article I Law no. 24/2000 on the rules of legislative technique for the elaboration of normative acts, republished in the Official Gazette of Romania, Part I, no. 777 of 25 August 2004, as amended and supplemented, shall be amended and supplemented as follows: 1. in Article 1, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) Law-making is the main way of implementing public policies, ensuring the necessary tools for the implementation of economic and social development solutions, as well as for the exercise of authority public. " 2. in Article 6, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) The normative acts with an impact on the social, economic and environmental fields, on the consolidated general budget or on the legislation in force are elaborated on the basis of public policy documents approved by the Parliament or by the Government. The government defines the types and structure of public policy documents. " 3. After Article 6 a new article is inserted, Article 6 ^ 1, with the following contents: " Preliminary assessment of the impact of Art. 6 ^ 1. -(1) The preliminary assessment of the impact of the bills, legislative proposals and other draft normative acts is a set of activities and procedures carried out in order to ensure an adequate foundation of the initiatives legislative. The preliminary impact assessment involves identifying and analysing the economic, social, environmental, legislative and budgetary effects that the proposed regulations produce. (2) The preliminary assessment of the impact of draft normative acts is considered to be the method of foundation for the proposed legislative solutions and must be carried out before the adoption of normative acts. (3) The foundation of the new regulation must consider both the impact assessment of the specific legislation in force at the time of elaboration of the draft normative act and the evaluation of the impact of public policies on which the draft normative act implement them. (4) The preliminary assessment of the impact is carried out by the initiator of the draft normative act. In the case of complex normative acts, the impact assessment can be carried out, on the basis of a service contract, by the institutes scientific research, universities companies or non-governmental organizations, in accordance with the legal provisions in force regarding public procurement. (5) In order to elaborate the preliminary assessment of the impact of legislative proposals initiated by MPs and senators, as well as those based on citizens ' initiative, members of Parliament may request the Government to ensure access to data and the information necessary to achieve it (. Application of the provisions of paragraph (1)-(5) is not mandatory in the case of legislative initiatives of deputies and senators, as well as those based on the citizens ' initiative. (7) In case of drafting the preliminary assessment of the impact of legislative proposals initiated by MPs and senators, as well as for those based on citizens ' initiative, members of Parliament may request the Government to ensure access to and the information necessary to achieve it. 4. Paragraph 1 of Article 10 shall read as follows: "" Art. 10. -(1) In view of their entry into force, the laws and other normative acts adopted by the Parliament, the decisions and ordinances of the Government, the decisions of the Prime Minister, the normative acts of the autonomous administrative authorities, as well as the orders, the instructions and other normative acts issued by the heads of the central specialized public administration bodies shall be published in the Official Gazette of Romania, Part I. " 5. In Article 10, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) Not subject to the publication regime in the Official Gazette of Romania: a) decisions of the classified Prime Minister, according to the law; b) the normative acts classified, according to the law, as well as those of an individual nature, issued by the autonomous administrative authorities and the central specialized public administration bodies. " 6. in Article 19, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The results of the research studies and references to the sources of additional information relevant for the debate on draft normative acts must be included in the instrument of presentation and motivation of the draft normative act." 7. Article 30 shall read as follows: " Contents of the statement Article 30. -(1) The presentation and motivation tool includes the content of the impact assessment of normative acts, including the following sections: a) the reason for issuing the normative act-the requirements that advertise normative intervention, with special reference to the inadequacies and inconsistencies of the regulations in force; the basic principles and the finality of the proposed regulations, with the highlighting new elements; conclusions of studies, research works, statistical evaluations; references to public policy documents or the normative act for which the project is developed. For emergency ordinances will be presented distinctly the objective elements of the extraordinary situation that imposes immediate regulation, not sufficient use of the parliamentary emergency procedure, as well as possible consequences that would produce in the absence of proposed legislative measures; b) socio-economic impact-effects on the macroeconomic, business, social and environmental environment, including the assessment of costs and benefits; c) the financial impact on the consolidated general budget both in the short term, for the current year and in the long term (for 5 years), including information on expenditure and revenue; d) the impact on the legal system-the implications that the new regulation has on the legislation in force; compatibility with the relevant Community regulations, their exact determination and, where appropriate, future measures harmonization that is required; decisions of the Court of Justice of the European Communities and other relevant documents for the transposition or implementation of the respective legal provisions; implications for domestic law, in case of ratification or approval international agreements or arrangements, as well as the necessary adaptation measures; the legislative harmonisation concerns; e) consultations conducted in order to develop the draft normative act, the organizations and specialists consulted, the essence of the recommendations received; f) public information activities on the elaboration and implementation of the draft normative act; g) implementing measures-institutional and functional changes at the level of central and local public administration. (2) If the proposed regulation is elaborated in the execution of a normative act, the reasoning must include references to the act on the basis and in the execution of which it is issued. (3) The final form of the instruments of presentation and motivation of draft normative acts must include references to the opinion of the Legislative Council and, as the case may be, of the Supreme Council of National Defence, the Court of Auditors or the Economic Council and Social. (4) The Government shall establish the detailed structure and content of the presentation and motivation instruments for the normative acts initiated by the Government. " + Article II Law no. 24/2000 on the rules of legislative technique for the elaboration of normative acts, republished in the Official Gazette of Romania, Part I, no. 777 of August 25, 2004, with subsequent amendments and completions, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. 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, June 28, 2007. No. 194. -----------