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Law No. 170 Of 8 May 2009

Original Language Title:  LEGE nr. 170 din 8 mai 2009

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LEGE no. 170 170 of 8 May 2009 on approval Government Emergency Ordinance no. 4/2008 to amend and supplement Law no. 293/2004 on the Staff Regulations of the National Administration of Prisons
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 337 337 of 20 May 2009



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 4 4 of 6 February 2008 to amend and supplement Law no. 293/2004 on the Statute of Public Officials of the National Administration of Prisons, published in the Official Gazette of Romania, Part I, no. 105 of 11 February 2008, with the following amendments and additions: 1. in Article I, point 7, the introductory part and point a) of paragraph 1 of Article 13 shall be amended and shall read as follows: "" Art. 13. --(1) The inclusion as a civil servant with special status shall be made by the following ways: a) priority distribution of graduates of educational institutions for the training of prison staff, officers and agents; ". 2. In Article I, paragraph 7, paragraph 4 of Article 13 shall be amended and shall read as follows: "(4) Candidates declared" ADMITTED " to higher education institutions for the preparation of prison staff sign a commitment to work at least 9 years in the prison administration system, after graduation studies. " 3. In Article I, after point 11, a new point is inserted, paragraph 11 ^ 1, with the following contents: "" 11 ^ 1. In Article 19, a new paragraph (4) is inserted after paragraph 3, with the following contents: " (4) The public servant with special status definitively of the Ministry of Justice and Citizen Freedoms takes the oath of allegiance before a representative of the Ministry of Justice and Citizens ' Freedoms, empowered by order of the Minister of Justice and Citizen Freedoms. " 4. In Article I, point 13, Article 20 ^ 1 is amended and shall read as follows: "" Art. 20 20 ^ 1. -Officers are appointed to the positions provided in the organization states with professional degrees equal to or greater than two degrees compared to those they have. The appointment of officers to positions provided in the organization states with higher professional degrees by more than two degrees compared to those they have can be done only with the approval of the Minister of Justice and Citizens ' Freedoms. " 5. In Article I, paragraph 17, paragraphs 3 and 5 of Article 24 shall be amended and shall read as follows: " (3) The advancement of civil servants with special status in an immediately superior position at the same position in the state is done without an examination, based on the criteria established by order of the Minister of Justice and citizens ' freedoms. ......................................................................... (5) Public servants with special status shall be advanced to the following professional degree if they have completed the minimum internship in the professional degree held and if they have been appreciated in the last two years of the minimum internship in grade with at least the "good" rating. " 6. In Article I, paragraph 18, point d) of point B of Article 25 is amended and shall read as follows: "d) prison agent 4 years." 7. In Article I, paragraph 20, paragraph 1 of Article 27 shall be amended and shall read as follows: "" Art. 27. -(1) The passage of agents into the body of officers from the prison administration system shall be carried out by competition, within the limits of the posts provided in the organization states of the prison units, if the conditions provided for in present law. " 8. In Article I, point 21, Article 28 is amended and shall read as follows: "" Art. 28. -(1) The vacant execution functions in the prison administration system shall be handled by competition, in which persons who meet the conditions provided in art. 11. (2) In case of non-occupation of the vacancies provided in par. (1), they may be occupied by the transfer of military personnel and civil servants with special status from other public institutions of defense, public order and national security of the state and the Ministry of Justice and Freedoms Citizens, if they meet the conditions provided in art. 11. (3) The vacant management functions of the prison administration system shall be handled by the advancement of officers and agents, by competition. Persons who are at least 3 years old in the prison administration system can participate in the competition to fill vacant positions. (4) The management functions of the prison administration system, left vacant as a result of non-employment, under the conditions established in par. (3), deals by contest from external source. (5) If the posts remain vacant, as a result of non-occupation under the conditions provided in par. (3) and (4), they may be occupied by the transfer of military personnel and civil servants with special status from other public institutions of defense, public order and national security of the state and the Ministry of Justice and Freedoms Citizens, if they meet the conditions provided in art. 11 11. " 9. In Article I, paragraph 22, Article 29 shall be amended and shall read as follows: "" Art. 29. -The regulation on the occupation of management and execution functions is approved by order of the Minister of Justice and Citizens ' Freedoms. " 10. In Article I, after paragraph 25, a new point is inserted, paragraph 25 ^ 1, with the following contents: "" 25 ^ 1. In Article 34, point n) is amended and shall read as follows: " n) benefit from compensation granted from the budget funds of the Ministry of Justice and Citizen Freedoms, if life, health or its assets, of the spouse and of the children in its maintenance are affected in the exercise of their duties or in relation to them. The mentioned compensation is granted under the conditions established by Government decision; "". 11. In Article I, paragraph 25, letter p) of Article 34 shall be amended and shall read as follows: " p) legal advice by lawyer, provided by the unit, upon request, in the case of criminal investigation, prosecution or trial for acts committed during or in connection with the exercise of duties, according to the approved methodology by order of the Minister of Justice and Civil Liberties. " 12. In Article I, point 27 is amended and shall read as follows: "" 27. In Article 36, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: " (1 ^ 1) Civil servants with special status, holders of the service home rental contract, who worked in the prison administration system over 15 years and who retired according to the law, as well as those who lost their jobs. all or part of the work capacity and have retired for disability, under the law, retain the right to use on the service home and after the termination of service relationships through retirement. In the event of the death of the holder, the spouse shall retain his living rights throughout his life. "" 13. In Article I, paragraph 28, paragraph 2 of Article 37 shall be amended and shall read as follows: " (2) If the salary rights corresponding to the position on which it is posted or, as the case may be, temporarily passed to another position are higher, the staff provided in par. (1) benefits from these salary rights. " 14. In Article I, paragraph 29, Article 38 shall be amended and shall read as follows: "" Art. 38. -(1) Civil servants with special status in the prison administration system are entitled to the assignment of a service dwelling if, in the locality where they operate, they or the spouse do not benefit from the dwelling in the property or have not been assigned housing by the local public administration authorities. (2) Civil servants with special status who were not granted the dwelling according to the provisions of par. (1) and which neither they nor the spouse have in the property a dwelling in the locality where they operate are entitled to monthly rent compensation in the amount of up to 50% of the net income achieved monthly, but not more than the rent provided in the lease agreement concluded under the law. (3) The conditions for granting the rights provided in par. ((1) and (2) shall be established by order of the Minister of Justice and citizens ' freedoms. (4) Civil servants with special status, including their spouse, who have alienated a personal property, in the locality where they operate, after the date of classification in the prison administration system, do not benefit the provisions of para. ((1) and (2). (5) The monthly rent compensation shall not be granted if the lease agreement has been concluded with the relatives up to the second degree, including the civil servant's special status, or his/her spouse's special status. (6) Public servants with special status who have been assigned a service home may request the change thereof and the assignment of another available housing in the housing stock of the National Administration of Prisons or of the establishment. penitentiaries in question, which correspond to the minimum housing surface requirements as laid down by Home Law no. 114/1996 , republished, with subsequent amendments and completions. Applications for housing exchange shall be resolved as a matter of priority. (7) Public servants with special status, beneficiaries of a service housing, can make between them housing exchange, with the opinion of the management of the unit that approved the granting of the service home. " 15. In Article I, after paragraph 31, a new point is inserted, paragraph 31 ^ 1, with the following contents: "" 31 ^ 1. In Article 42, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: " (1 ^ 1) Graduates of educational institutions referred to in art. 13 13 para. (2) and (3), declared "head of promotion", will be awarded material rewards on the occasion of graduation, established by order of the Minister of Justice and citizens ' freedoms. "" 16. in Article I, paragraph 35, points q) and r) of Article 46 shall be amended and shall read as follows: " q) to inform the hierarchical head about the existence in the unit in which he operates the activity of persons deprived of liberty who have the status of husband/wife or relatives up to the second degree including with him or her spouse, in the situation in which they take knowledge of these situations; r) bring to the attention of the human resources department the changes regarding the domicile, as the case may be, the residence, as well as the changes in the civil status or the relevant data from a professional point of view, within 15 days from the production 17. In Article I, paragraph 46, paragraph 3 of Article 53 shall be amended and shall read as follows: "(3) The service report of the civil servant with special status may be suspended, by right or on request, in compliance with the provisions contained in the labor law." 18. In Article I, point 49, Article 55 ^ 1 is amended and shall read as follows: "" Art. 55 55 ^ 1. -Public servants with special status may transfer or detach to other public institutions of defense, public order and national security of the state, in compliance with the legal regulations specific to the institution to which it requests its transfer detachment. " 19. In Article I, paragraph 57, Article 62 shall be amended and shall read as follows: "" Art. 62. -The disciplinary sanctions that may be applied to civil servants with special status are: a) written reprimand; b) the reduction of salary rights for the function fulfilled by 5-10%, for a period of 1-3 months; c) deferral of advancement to professional degrees or higher positions, for a period of 1 to 2 years; d) the transition to a lower position up to at most the basic level of the professional degree held; e) revocation of the driving position; f) dismissal from the prison administration system. " 20. In Article I, paragraph 58 is amended and shall read as follows: "" 58. In Article 63, paragraphs 2 and 4 are amended and shall read as follows: " (2) The disciplinary sanction may be applied only after the prior investigation of the act constituting the disciplinary misconduct committed by the civil servant with special status in question and his hearing by the commissions provided in art. 67. ....................................................................... (4) The disciplinary sanction shall apply within a maximum of 90 calendar days from the referral of the deviation, but not later than one year from the date of the commission of the act. "" 21. In Article I, point 59 is amended and shall read as follows: "" 59. Article 64 shall be repealed. ' 22. In Article I, point 60, Article 65 shall be amended and shall read as follows: "" Art. 65. -Disciplinary sanctions provided for in art. 62 applies by the Minister of Justice and Citizens ' Freedoms, by the Director General of the National Administration of Prisons or, as the case may be, by the head of the unit under it, on the proposal of the discipline commission, the powers referred to in Article 20 20. " 23. In Article I, a new point shall be inserted after point 60, paragraph 60 ^ 1, with the following contents: "" 60 ^ 1. In Article 66, paragraph 1 is amended and shall read as follows: "" Art. 66. -(1) The disciplinary sanction shall be applied by written decision, issued according to the competences provided in art. 65, which shall be communicated to the public official with special status sanctioned, within 5 days from the date of issue of the decision. "" 24. In Article I, paragraph 61, paragraph 1 of Article 67 shall be amended and shall read as follows: "" Art. 67. -(1) The discipline commissions shall be constituted in the Ministry of Justice and Civil Liberties, in the National Administration of Prisons and in each penitentiary unit and have the competence to carry out the investigation of the crime disciplinary and to propose, if the guilt is found, one of the disciplinary sanctions to be applied to the person concerned. The discipline commission of the Ministry of Justice and Citizen Freedoms, constituted by order of the Minister of Justice and Citizen Freedoms, has the competence to investigate the acts committed by civil servants with special status from the framework of the Ministry of Justice and Civil Liberties and those committed by civil servants with special status appointed to positions of general manager, deputy director general, director of directorate and director in the prison administration system. The discipline commission of the National Prison Administration has the power to research the acts committed by civil servants with special status within the National Prison Administration and appointed officers in office. public management from prison units, except those in the competence of the discipline commission of the Ministry of Justice and Citizens ' Freedoms, and the discipline commissions constituted at the level of prison units have the power to investigate the acts committed by the officers who perform functions of execution and agencies, framed in the organization states of the prison unit. " 25. In Article I, paragraph 66, Article 74 shall be amended and shall read as follows: "" Art.74. -(1) The provisions of this Law shall also apply to civil servants with special status in the Ministry of Justice and Citizen Freedoms. (2) Civil servants with special status within the prison administration system may be transferred or posted within the Ministry of Justice and Citizen Freedoms. The posting shall be carried out on posts of civil servant with special status or on posts of a different nature, as appropriate, if the professional training corresponds to the duties and responsibilities of the office on which they are posted, with the preservation of salary as at the date of posting. If the salary rights corresponding to the position on which it is posted are higher, the staff benefit from these salary rights. (3) Civil servants with special status from the Ministry of Justice and Citizens ' Freedoms may be transferred or posted within the prison administration system. The posting shall be carried out on posts of civil servant with special status or on posts of a different nature, as appropriate, if the professional training corresponds to the duties and responsibilities of the office on which they are posted, with the preservation of salary as at the date of posting. If the salary rights corresponding to the position on which it is posted are higher, the staff shall benefit from these salary rights. " 26. In Article I, paragraph 71, paragraph 2 of Article 80 ^ 1 is amended and shall read as follows: "" (2) The clair in the prison administration system is assimilated to the professional ranks of the officers corresponding to the military ranks provided by Law no. 195/2000 on the establishment and organization of the military clergy, the salary and retirement rights being similar to those of civil servants with special status. " + Article II (1) The contractual staff of the prison administration system, depending on the date of entry into force of this Law, which has similar powers to civil servants with special status and meets the conditions Law no. 293/2004 on the Statute of civil servants of the National Administration of Prisons, with subsequent amendments and completions, as well as with those brought by this law, may acquire, upon request, following an examination, the quality of official public with special status in the prison administration system, the posts being properly transformed. The application may be made within one year from the date of entry into force of this Law. (2) The criteria for the acquisition of the quality of civil servant with special status shall be established by order of the Minister of Justice and Citizens ' Freedoms + Article III On the date of entry into force of this law, the contractual staff who currently occupy a leading position remain in office. + Article IV On the date of entry into force of this Law, Government Emergency Ordinance no. 194/2008 to amend and supplement Law no. 293/2004 on the Statute of civil servants with special status in the National Administration of Prisons, published in the Official Gazette of Romania, Part I, no. 826 of 9 December 2008, shall be repealed. 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 ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, May 8, 2009. No. 170. __________