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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Law No. 221 of 4 July 2007 amending and supplementing law No. 7/2006 on the status of civil servant in PARLIAMENT parliamentary ISSUER Published the OFFICIAL GAZETTE nr. 460 of 9 July 2007 the Romanian Parliament adopts this law.


Article I the law. 7/2006 on the status of civil servant, published in the Official Gazette of Romania, part I, no. 35 of 16 January 2006, with subsequent additions, is modified and completed as follows: 1. In article 4, after paragraph 2, insert a new paragraph, paragraph (3), with the following contents: "(3) Notwithstanding the provisions of paragraph 1. (2) a public officer, an mp who is based at the Chancellery of the President, the members of the permanent Bureau offices, the offices of the parliamentary groups and leaders from the parliamentary groups exercise their powers with due regard for the principle of legality and accountability. "
2. In article 5, paragraph (2) is amended and shall read as follows: "(2) public functions within the parliamentary structures of the Parliament are public functions that are called open-ended, persons carrying on activities referred to in article 1. 3 persons appointed to the position of Chief of the cabinet. "
3. In article 5, paragraph 2, after you insert a new paragraph, (2 ^ 1), with the following contents: (2 ^ 1) persons performing at the Chancellery of the President, the members of the permanent Bureau offices, the offices of the parliamentary groups and leaders from the parliamentary groups can be classified as public official parliamentarian, public servant or parliamentary staff fixed-term contract. "
4. In article 6, paragraph (2) is amended and shall read as follows: "(2) the classification of public functions is regulated in the parliamentary annex, which forms an integral part of this law."
5. In article 9, after paragraph 3, insert a new paragraph, paragraph (4), with the following contents: "(4) the provisions of this law concerning the activity of the parliamentary public functionary shall not apply to persons carrying on activities referred to in article 1. 3 the State Chancellery of the President, the members of the permanent Bureau cabinets, the leaders of the parliamentary groups and practices at parliamentary groups. "
6. In article 11, paragraph 1, letter e) is amended and shall read as follows: "s) satisfies the conditions of education and work experience in specialty set according to this law;".
7. In article 11, after (1) introduce two new paragraphs, (1 ^ 1 and ^ 2-1), with the following contents: "(1 ^ 1) the provisions of paragraphs 1 and 2. (1) (a). e) relating to length of service and of paragraphs 2 and 3. (1) (a). I) are not applicable to public functionary of the parliamentary working at cabinets from the Chancellery of the President, members of the standing Bureau, at the offices of parliamentary groups or leaders to parliamentary groups.
(1 ^ 2) The conditions necessary for specialized public functions of the parliamentary leadership of the Chamber of Deputies and the Senate shall be decided by the meeting of the permanent offices of both Chambers, and the minimum length of service required for specialized functions of the parliamentary public execution shall be determined by mutual agreement by the Secretaries-General of the two chambers of Parliament. "
8. After article 11 introduces a new article, article 11 ^ 1 with the following content: "Art. 11 ^ 1. -The appointment of parliamentary public official performs at the Chancellery of the President, the members of the permanent Bureau cabinets from cabinets, leaders of the parliamentary groups of the parliamentary groups or is made at the initiative of the President of the Chamber of deputies or the Senate, where appropriate, of the Member's permanent Office or parliamentary group leader, as appropriate. "
9. In article 17, after paragraph (3) to introduce two new paragraphs (4) and (5), with the following contents: "(4) The removal from Office of the Secretary general or the Deputy Secretary general for reasons not attributable, by the permanent Bureau of each Chamber of Parliament will proceed to get that person in public office the appropriate parliamentary Committee of senior civil servants.

(5) upon release from the Office of Chief or director general Department for reasons not attributable to it, it will proceed to get that person in public office appropriate parliamentary training. "
  

10. In article 18, paragraph (1) shall be amended and shall read as follows: Art. 18. — (1) The functions of the driving public the parliamentary Chamber of deputies or the Senate are called civil servants with higher education, graduated with a Bachelor's degree equivalent times, as appropriate, which satisfies the conditions laid down pursuant to article 5. 11. "11. In article 21, paragraph (2) is amended and shall read as follows: "(2) the promotion in a public parliamentary upper is made by competition or examination."
12. In article 22, paragraph 1, letter a) is amended and shall read as follows: ") to have a minimum length of service laid down pursuant to article 5. 11(2). (1 ^ 2); ".
13. In article 38, paragraph (4) is amended and shall read as follows: "(4) the Secretary general and Deputy Secretary general of the Chamber of Deputies and the Senate shall receive the allowance provided for in the Government Emergency Ordinance nr. 24/2000, approved by law No. 383/2001, as amended. They benefit, too, and the rights provided for in law No. 53/1991 concerning allowances and other entitlements of Senators and deputies, as well as personnel from the Parliament of Romania, republished, with subsequent amendments and additions. "
14. In article 46, after paragraph (1) insert a new subparagraph (1 ^ 1), with the following contents: "(1 ^ 1) the provisions of paragraphs 1 and 2. (1) are not applicable to civil servants MPs operates at the Chancellery of the President, the members of the permanent Bureau cabinets, the leaders of the parliamentary groups and practices at parliamentary groups. "
15. In article 53, subparagraph d) is amended and shall read as follows: "d) switching to another function as a result of promoting a competition or examination, or in another compartment of the Chamber of deputies or the Senate, as appropriate."
16. Article 67 is amended and shall read as follows: Art. 67. report of service cease as from the date of communication of the decision to retire the public functionary of the parliamentary term for the age limit of the time disability. "
17. In article 72, paragraph (7) is amended and shall read as follows: "(7) the date of entry into force of the present law, pensions for age limit and integral seniority of those who have occupied at least four years, the corresponding functions of public functionary specialized parliamentary bodies of the Parliament and shall be recalculated are updated in accordance with the provisions of paragraph 1. (3) and (5), taking into account the gross monthly income of the public office worker activity in parliamentary function properly considered the retirement date. "
18. In article 79, after paragraph 2, insert a new paragraph, paragraph (3), with the following contents: "(3) does not constitute misconduct the Act is committed under the terms of paragraph 1. (2) (a). b) Parliamentary public official performs at the Chancellery of the President, the members of the permanent Bureau cabinets, the leaders of the parliamentary groups and practices at parliamentary groups. "
19. In article 89, paragraph (5) is amended and shall read as follows: "(5) the provisions of article 4. 39, art. 41 and of art. 71-73 benefit the staff referred to in article 1. 5 para. (3)."
20. Annex II shall be amended and shall read as follows: "ANNEX to the CLASSIFICATION of public functions and conditions of parliamentary studies i. public leadership Functions of the parliamentary structures of the Chamber of Deputies and Senate No. crt.
Function Level 1 studies.
Public function corresponding to the category of senior parliamentary officials a) Secretary-General b) Deputy Secretary general S c) Chief, Department director general s. 2.
Public officials governing parliamentary) Director, Assistant director b) Head Office, head of section c) Head Office. Public functions run from parliamentary structures of the Chamber of Deputies and Senate No. crt.
Function Level 1 studies.
Parliamentary Adviser was 2.
Parliamentary expert 3.
Parliamentary Counsel was 4.
Chief cabinet *) S, SSD, PL, 5.
Reviewer *) SSD, PL, 6.
Stenodactilograf PL, Note *) Chief cabinet for use in permanent offices, offices of the members of the standing committees, the Secretaries and Deputy Secretaries, as well as from departments and the General departments, as appropriate.

Note



*) People with general studies diploma completed, which, at the date of entry into force of the present law, conducts public service nature, according to this law, shall be maintained in a public parliamentary function as parliamentary civil servant. "


Article II (1) the provisions of art. 72 and art. 73 of the law nr. 7/2006 on the status of civil servant, with subsequent additions, are applicable to public servants and parliamentarians and contractual personnel from the Chamber of Deputies and the Senate who have aged at least 55 years of age and submit my application for retirement, within 90 days after the entry into force of this law, the fulfilment of the condition of cumulative seniority for 30 years and in Parliament for 14 years.
  

(2) the provisions of paragraphs 1 and 2. (1) are applicable to civil servants and the staff of the Legislative Council-an advisory expert body of Parliament-and its members, as well as the staff of the Constitutional Court assimilated under the law of the person performing similar functions of the structures.
  


Article III of the law. 7/2006 on the status of civil servant, with subsequent additions and with the amendments and additions made by this Bill, will be republished in the Official Gazette of Romania, part I, posing a new texts.
This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (1) of the Constitution of Romania, republished.
PRESIDENT of the CHAMBER of DEPUTIES BOGDAN OLTEANU, p. SENATE PRESIDENT DORU IOAN TĂRĂCILĂ Bucharest, July 4, 2007.
No. 221.
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