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Law No. 221 Of 4 July 2007 Amending And Supplementing Law No. 7/2006 Concerning The Status Of Public Functionary Mp

Original Language Title:  LEGE nr. 221 din 4 iulie 2007 pentru modificarea şi completarea Legii nr. 7/2006 privind statutul funcţionarului public parlamentar

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LEGE no. 221 221 of 4 July 2007 to amend and supplement Law no. 7/2006 on the status of parliamentary civil servant
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 460 460 of 9 July 2007



The Romanian Parliament adopts this law + Article I Law no. 7/2006 on the status of the parliamentary civil servant, published in the Official Gazette of Romania, Part I, no. 35 of 16 January 2006, with subsequent additions, shall be amended and supplemented as follows: 1. in Article 4, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) By exception to the provisions of par. (2), the parliamentary public official operating at the Chancellery of the President, at the offices of the members of the Permanent Bureau, at the offices of the leaders of the parliamentary groups and at the parliamentary groups respect for the principle of legality and hierarchical subordination. " 2. In Article 5, paragraph 2 shall be amended and shall read as follows: " (2) The parliamentary public functions within the specialized structures of the Parliament are the public functions in which persons carrying out the activities referred to in art. 3 and the persons appointed as chief of staff. " 3. In Article 5, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "" (2 ^ 1) Persons carrying out specialized activities at the Chancellery of the President, at the offices of the members of the Permanent Bureau, at the offices of the leaders of the parliamentary groups and at the parliamentary groups may be an indefinite parliamentarian, a parliamentary civil servant for a fixed period or contract staff. " 4. In Article 6, paragraph 2 shall be amended and shall read as follows: "" (2) The classification of parliamentary public functions is regulated in the Annex which forms an integral part of this Law. " 5. in Article 9, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) The provisions of this law on the political activity of the parliamentary civil servant do not apply to persons carrying out the activities provided in art. 3 at the President's Chancellery, at the offices of the members of the Permanent Bureau, at the offices of the leaders of parliamentary groups 6. In Article 11 (1), the letter e) shall be amended and shall read as follows: "" e) meets the conditions of studies and seniority in the specialty established under this law; ". 7. In Article 11, after paragraph 1, two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2, with the following contents: " (1 ^ 1) Provisions of para. ((1) lit. e) regarding the seniority in the specialty and the para. ((1) lit. i) are not applicable to the parliamentary civil servant who operates at the President's Chancellery, at the offices of the members of the Permanent Bureau, at the offices of the leaders of the parliamentary groups or (1 ^ 2) The conditions of seniority required for the occupation of the leading parliamentary public offices in the specialized structures of the Chamber of Deputies and the Senate shall be established by the joint permanent offices of the two Chambers, and the minimum age in the specialty necessary for the occupation of the parliamentary public execution functions shall be established, by mutual agreement, by the secretaries-general of the two Houses of Parliament. " 8. After Article 11, a new article is inserted, Article 11 ^ 1, with the following contents: "" Art. 11 11 ^ 1. -The appointment of the parliamentary civil servant who operates at the President's Chancellery, at the offices of the members of the Permanent Bureau, at the offices of the leaders of the parliamentary groups or at the parliamentary the President of the Chamber of Deputies or the Senate, as the case may be, of the member of the Permanent Bureau or of the leader of the parliamentary 9. In Article 17, after paragraph 3, two new paragraphs are inserted, paragraphs 4 and 5, with the following contents: " (4) Upon release from the position of Secretary-General or Deputy Secretary-General for non-imputable reasons, the Permanent Bureau of each Chamber of Parliament shall proceed with the reintegration of that person into a public office. Parliamentary corresponding to senior civil servants. (5) Upon release from the office of head of department or general manager for reasons not attributable, the person concerned shall be reinstated in a parliamentary public office corresponding to the professional training. " 10. In Article 18, paragraph 1 shall be amended and shall read as follows: "" Art. 18. -(1) In parliamentary public administration positions in the structures of the Chamber of Deputies or the Senate are called civil servants with long-term higher education, graduated with a bachelor's degree or equivalent, as the case may be, who meet the conditions established under art. 11 11. " 11. In Article 21, paragraph 2 shall be amended and shall read as follows: "(2) Promotion to a higher parliamentary public office shall be done by competition or examination." 12. In Article 22 (1), point a) shall be amended and shall read as follows: "" a) have the minimum age established according to art. 11 11 para. ((1 ^ 2); '. 13. In Article 38, paragraph 4 shall be amended and shall read as follows: " (4) The Secretary-General and Deputy Secretary-General of the Chamber of Deputies and the Senate shall benefit from the Government Emergency Ordinance no. 24/2000 , approved by Law no. 383/2001 ,, as amended. They also benefit from the rights provided by Law no. 53/1991 on the allowances and other rights of senators and deputies, as well as the salary of the staff in the apparatus of the Romanian Parliament, republished, with subsequent amendments and completions. " 14. In Article 46, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) Provisions of para. (1) shall not be applicable to parliamentary civil servants operating at the Chancellery of the President, at the offices of the members of the Permanent Bureau, at the offices of the leaders of the parliamentary groups and 15. Article 53, point d) shall be amended and shall read as follows: "d) the transition to another function, as a result of the promotion of a competition or examination, or within another compartment of the specialized structures of the Chamber of Deputies or the Senate, as the case may be." 16. Article 67 is amended and shall read as follows: "" Art. 67. -The service report shall cease by right on the date of communication of the decision to retire the parliamentary civil servant for the age limit or invalidity. " 17. In Article 72, paragraph 7 shall be amended and shall read as follows: " (7) On the date of entry into force of this Law, pensions for the age limit and full seniority of those who occupied, at least 4 years, functions corresponding to the parliamentary civil servant in the specialized structures of the Parliament be recalculated and updated in accordance with the provisions of paragraph 1. ((3) and (5), considering the monthly gross income of the parliamentary public official in activity corresponding to the position held at the date of retirement. " 18. in Article 79, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) It does not constitute disciplinary misconduct committed under the conditions of par. ((2) lit. b) by the parliamentary civil servant who operates at the Chancellery of the President, at the offices of the members of the Permanent Bureau, at the offices of the leaders of the parliamentary groups and at 19. Article 89 (5) shall be amended and shall read as follows: " (5) The provisions of art. 39 39, art. 41 41 and art. 71-73 also benefit the staff provided in art. 5 5 para. ((3). ' 20. The Annex is amended and shall read as follows: "" ANNEX CLASSIFICATION Parliamentary public functions and study conditions I. Parliamentary public leadership positions in the specialized structures of the Chamber of Deputies and the Senate No. The level of studies 1.Parliamentary public functions corresponding to the category of senior civil servants a) Secretary generalS b) Deputy Secretary-General c) Head of Department, General Manager a) Director, deputy director b) Head of service, chief of section c) Head of office II. Parliamentary public execution functions from the specialized structures of the Chamber of Deputies and the Senate No. . The level of studies 1.Counsellor parliamentarS 2.Expert parliamentarS 3.Consultant parliamentarS 4.Chief cabinet *) S, SSD, PL, M 5.Referent * *) SSD, PL, M 6.StenodactilografPL, M Note *) The office of chief cabinet shall be used at the offices of members of permanent offices, standing committees, secretaries-general and deputy general secretaries, as well as departments and general directorates, as appropriate. Note **) Persons with general studies graduated with a diploma, who, on the date of entry into force of this law, carry out activities of the nature of public office, according to this law, will be able to be maintained in parliamentary public office as official parliamentary public. " + Article II (1) The provisions of art. 72 72 and ale art. 73 73 of Law no. 7/2006 on the status of the parliamentary civil servant, with subsequent additions, are also applicable to parliamentary civil servants and contract staff in the Chamber of Deputies and the Senate who are at least 55 years of age and submit the application for retirement, within 90 days of the entry into force of this law, with the cumulative fulfillment of the condition of seniority in the work of 30 years and in the structures of the Parliament of 14 years. (2) Provisions of para. (1) are applicable to civil servants and staff of the Legislative Council-specialized advisory body of the Parliament-and its members, as well as to the staff of the Constitutional Court assimilated, according to the law, to the similar functions in Parliament's structures. + Article III Law no. 7/2006 on the status of the parliamentary civil servant, with subsequent additions and 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. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, July 4, 2007. No. 221. -------