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Law No. 7 Of 11 January 2006 (Republished) Concerning The Status Of Public Functionary Mp *)

Original Language Title:  LEGE nr. 7 din 11 ianuarie 2006 (*republicată*) privind statutul funcţionarului public parlamentar*)

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LEGE no. 7 7 of 11 January 2006 (** republished) (* updated *) on the status of parliamentary civil servant * *) ((updated on 21 August 2015 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. V of Law no. 113/2009 to amend and supplement Law no. 7/2006 on the status of the parliamentary civil servant, published in the Official Gazette of Romania, Part I, no. 270 of 24 April 2009, giving the texts a new numbering. Law no. 7/2006 on the status of the parliamentary civil servant was published in the Official Gazette of Romania, Part I, no. 35 35 of 16 January 2006 and was suspended by Government Emergency Ordinance no. 2/2006 for suspension of application Law no. 7/2006 on the status of the parliamentary civil servant, published in the Official Gazette of Romania, Part I, no. 133 133 of 13 February 2006 (rejected by Law no. 271/2006 , published in the Official Gazette of Romania, Part I, no. 740 740 of 30 August 2006) and was subsequently published and supplemented by: - Law no. 120/2007 on approval Government Emergency Ordinance no. 88/2006 for the modification and completion of some normative acts granting social rights, as well as some measures in the field of personnel expenses, published in the Official Gazette of Romania, Part I, no. 299 299 of 4 May 2007; - Law no. 221/2007 to amend and supplement Law no. 7/2006 on the status of the parliamentary civil servant, published in the Official Gazette of Romania, Part I, no. 460 460 of 9 July 2007; - Law no. 287/2007 for amendment art. 77 77 of Law no. 7/2006 on the status of the parliamentary civil servant, published in the Official Gazette of Romania, Part I, no. 749 749 of 5 November 2007. + Chapter I General provisions + Article 1 (1) The present law regulates the status of the parliamentary civil servant within the specialized structures of the Romanian Parliament. (2) For the purposes of this law, the services of the Chamber of Deputies and the Senate carrying out the activities referred to in art. 3 and to art. 5 5 para. ((2). + Article 2 The parliamentary civil servants appointed within the specialized structures of the Chamber of Deputies and the Senate have a special status, conferred by their duties and responsibilities, in order to achieve the constitutional prerogatives of the Parliament. + Article 3 For the purposes of this law, the activities carried out by parliamentary civil servants and involving the exercise of the constitutional prerogatives of the Parliament are a) technical and specialized insurance of the elaboration, drafting and finalization of legislative acts; b) elaboration of studies, syntheses and comparative analyses, in order to improve and improve the legislative framework; c) the organization, presentation and drafting of the specialized works of the parliamentary committees; d) organization of the plenary works of the Chamber of Deputies and the Senate, including joint meetings; e) the organization and conduct of the permanent Bureau f) documenting, recording and computerizing the legislative activity; g) management of human and financial resources, administrative litigation and internal audit; h) the organization and conduct of activities of external and protocol parliamentary relations, as well as the activity of computer science, relations with the press and with the public, registry and archive. + Article 4 (1) The parliamentary public office is a specific public office of career, autonomous. (2) The parliamentary public servant enjoys stability and operates in compliance with the principles of legality, impartiality, objectivity, hierarchical subordination, as well as political neutrality. (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. + Article 5 (1) The service reports shall be born and exercised on the basis of the administrative act of appointment, issued under the conditions of this law. (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) Persons who carry out specialized activities at the Chancellery of the President, at the offices of the members of the Permanent Bureau, at the offices of the presidents of the standing committees, at the offices of the leaders parliamentary can be classified as an undetermined parliamentary public official, parliamentary public official for a fixed period or contractual staff * *). -------------- ** **) According to provisions art. II of Law no. 113/2009 , provisions of art. 5 5 para. ((3) shall apply from 1 January 2010. (4) The provisions of this law do not apply to the staff of the Parliament structures, who carry out administrative, management, investment, maintenance-repair and service activities, for which the employment is done by contract individual work, according to the Labor Code. + Article 6 (1) The parliamentary public functions shall be classified, in relation to the level of duties of the holder of the parliamentary public office, as follows: a) parliamentary public offices corresponding to the category of senior civil servants; b) public parliamentary management positions; c) parliamentary public execution functions. (2) The classification of parliamentary public functions is regulated in the Annex which forms an integral part of this Law. + Article 7 (1) The parliamentary public functions corresponding to the senior parliamentary civil servants are: the position of general secretary, deputy secretary general and head of department or general manager, as the case may be. (2) The public parliamentary management functions are: Director, Deputy Director, Head of Service, Head of Department and Head Office. (3) The public functions of the parliamentary execution are those set out in the Annex to this Law. + Article 8 (1) The position of permanent representative of the Chamber of Deputies, respectively of the Senate to the European Parliament, as a contractual employee of the Chamber of Deputies and/or of the Senate, as the case may be, Parliamentary head of department or general manager. (2) During the period of its mission abroad, the person who has the status of permanent representative of the Chamber of Deputies, respectively of the Senate settles, on the basis of supporting documents, the expenses on rent and maintenance of the living abroad, including related utilities, office expenses on phone, fax and internet, spending on health insurance abroad and spending on plane tickets-economy class-for travel in the interests of the service and the European Parliament. (3) The Ministry of Public Finance is authorized to introduce appropriate changes in the structure of revenue and expenditure budgets of the Chamber of Deputies and the Senate. + Chapter II Incompatibilities and prohibitions + Article 9 The quality of parliamentary civil servant is incompatible with any other public office, with the exception of functions and teaching activities in higher education, scientific research and literary-artistic creation, as well as with the exception of functions exercised in areas of activity in the private sector, which are not directly or indirectly related to the duties exercised as a parliamentary civil servant, according to the job description. ------------- Article 9 has been amended by section 6.6. 1 1 of art. 42, Cap. IV of the Framework LAW no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. + Article 10 (1) Parliamentary civil servants may not hold office and may not carry out other activities, remunerated or unpaid, as follows: a) within the public authorities or institutions, unless the service report is suspended, according to art. 61 61 para. ((1) lit. a); b) within the cabinet of the dignitary, unless the parliamentary civil servant is suspended from public office, under the law, during his appointment; c) within the autonomous regions or public sector companies; ------------- Letter c) a par. ((1) of art. 10 10 has been amended by section 4.2 2 2 of art. 42, Cap. IV of the Framework LAW no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. d) as a member of a group of economic interest. (2) Parliamentary civil servants may not be trustees of persons in respect of carrying out acts in relation to the public office they exercise. (3) In the situations provided in par. ((1) lit. a) and b), at the end of the period for which he was appointed or elected or at the end of the mandate of the dignitary, as the case may be, the parliamentary civil servant is reinstated in the public office held or in a similar position. (4) The provisions of this law on the political activity of the parliamentary civil servant shall not apply to persons who carry out the activities referred to in 3 at the President's Chancellery, at the offices of the members of the Permanent Bureau, at the offices of parliamentary group leaders and + Article 11 (1) Direct hierarchical relations are not allowed, if parliamentary civil servants are spouses or first-degree relatives. (2) Persons who are in one of the situations referred to in par. (1) will opt, within 10 days, for the termination of direct hierarchical relations. (3) Any person may refer the existence of the situations provided in par. ((1). (4) The situations provided in par. (1) and, correlative, non-fulfillment of the obligations provided in par. (2) is found by the Secretary-General, who will order the termination of direct hierarchical relations between the civil servants of the spouses or relatives of first degree. (5) The procedure for finding incompatibilities is established by the Internal Regulation of parliamentary civil servants from the specialized structures of the Chamber of Deputies or the Senate, approved by the Permanent Bureau of each Chamber. + Chapter III Selection, appointment, evaluation and promotion of parliamentary civil servant + Section 1 Selection and appointment of the parliamentary civil servant + Article 12 (1) In the specialized structures of the Parliament a person may occupy a parliamentary public office, if they cumulatively meet the following conditions: a) has Romanian citizenship, domicile in Romania and full exercise capacity; b) knows the Romanian language; c) has reached the age of 18; d) is medically fit for the performance of the function; the state of health is attested on the basis of specialized medical examination; e) meets the conditions of studies and seniority in the specialty established under this law; f) has not been definitively convicted of committing a crime, which makes it unworthy for the exercise of a public office; g) has not carried out political police activity, as defined by law; h) has not been deposed from a public office in the last 7 years; i) was declared "admitted" to the contest or the examination held for the position of parliamentary public office. (2) 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 (3) 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. (4) In addition to the conditions provided in par. (1), for the occupation of a parliamentary public office in the specialized structures of the Parliament, specific conditions may be established, approved by the Permanent Bureau of the Chamber of Deputies or the Senate, on the proposal of the + Article 13 The appointment of the parliamentary civil servant working 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 + Article 14 (1) The appointment of the parliamentary public official shall be made on vacancy, by contest or examination, as the case may be, under the conditions of this ((2) The contest shall be organized and carried out if, for the filling of a vacancy, a minimum of two persons are registered. (3) The examination shall take place if, for the filling of a vacancy, a single person or the number of those registered is equal to or less than the number of vacancies of the same level, taken out to the competition. + Article 15 The result of the contest or examination shall be brought to the attention of the candidates, by display, at the headquarters of the Chamber of Deputies or the Senate, as the case may be, within 5 days of + Article 16 (1) The candidate dissatisfied with the result of the contest or the exam can be addressed with appeal, to the Secretary General, within 5 days from the display of the results. (2) The rules of organization and conduct of the contest or examination and the appeal procedure are approved by the Permanent Bureau of each Chamber of the Parliament, at the proposal of the Secretary General of the Chamber of Deputies or the Senate, where appropriate. + Article 17 (1) On the basis of the definitive results, the Secretary-General shall issue the appointment order of the declared candidate "admitted". (2) The administrative act of appointment has the written form and must contain the legal basis of the appointment, the name of the parliamentary civil servant, the name of the parliamentary public office, the date from which the parliamentary public office is to exercise, salary rights, as well as the place of business. (3) The office of the post related to the parliamentary public office shall be attached to the administrative act of appointment, and a copy thereof shall be handed to the parliamentary public official. (4) At the inauguration of the parliamentary public office, the parliamentary public official shall take the oath of allegiance, within 3 days from the issuance of the appointment act. (5) The oath provided in par. (4) has the following content: " I swear to respect the Constitution, fundamental human rights and freedoms, to apply correctly and without bias the laws of the country, to conscientiously fulfill the duties of my parliamentary public office in which I have been appointed, to keep the professional secret and to respect the norms of professional and civic conduct. So help me God! ". The concluding religious formula will respect the freedom of religious beliefs. (6) The oath of allegiance may be filed without the religious formula. (7) The parliamentary public servant shall take the oath of allegiance before the Secretary-General, who may be assisted by the Deputy Secretary-General and the head of the compartment in which he will operate. (8) The Secretary-General and the Deputy Secretary-General shall take the oath of allegiance before the Permanent Bureau of the Chamber of Deputies or the Senate, + Article 18 (1) Failure to submit at the time fixed for the submission of the oath of allegiance, recorded in writing, leads to the revocation of the appointment order in the parliamentary public office of the person concerned, except in the event that he proves that objective reasons have prevented her from presenting herself and making known, within 5 days, to the Secretary General of the Chamber of Deputies or the Senate, as the case may be. (2) Within 5 days after the end of the reasons provided in par. (1), the parliamentary civil servant has the obligation to take the oath of allegiance. (3) The refusal to submit the oath of allegiance provided in art. 17 17 para. ((5) or failure to appear under par. (2) shall be recorded in writing and shall draw the revocation of the appointment order to the parliamentary public office. + Article 19 (1) In parliamentary public offices corresponding to senior civil servants shall be appointed the Secretary-General and the Deputy Secretary-General of the Chamber of Deputies or the Senate, as well as the Head of Department or the Director General (2) The appointment as Secretary-General and Deputy Secretary-General shall be made by the Chamber of Deputies or the Senate, according to the regulation of each Chamber. (3) The appointment to the parliamentary public office of head of department or general manager, as the case may be, shall be made by the Secretary General, with the opinion of the Permanent Bureau of the Chamber of Deputies + Article 20 (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. 12. (2) The appointment to the public parliamentary leadership positions shall be based on the contest, organized by the Secretary General of the Chamber of Deputies or the Senate, as the case may be, within the limits of the vacancies, according to the norms established by the Permanent Every Chamber of Parliament. (3) Senior parliamentary civil servants and parliamentary civil servants with leadership positions shall benefit from the driving allowance provided for by the law on the salary of civil servants. + Section 2 Evaluation of the activity of the parliamentary + Article 21 The individual professional evaluation of parliamentary civil servants is made annually, under the law. + Article 22 The criteria for the evaluation of the individual professional activity, as well as the methodology for evaluation and contestation of the qualifications granted shall be approved by the Permanent Bureau of the Chamber of Deputies or the Senate, as the case may be, General. + Section 3 Promotion of parliamentary civil servant in office + Article 23 (1) In their career, the parliamentary civil servant shall enjoy the right to promote in office. (2) Promotion to a higher parliamentary public office shall be done by competition or examination. (3) If there is no vacancy, the promotion of the parliamentary civil servant will be made by transforming the post from the state of functions in which he is assigned to an immediately higher level, by examination, under the conditions established by the promotion methodology provided for in art. 24 24 para. ((2). ------------- Alin. ((3) of art. 23 23 has been introduced by section 3 3 of art. 42, Cap. IV of the Framework LAW no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. + Article 24 (1) In order to submit to the exam or to the competition, in order to promote to a higher office, the parliamentary civil servant must meet the following conditions: a) have the minimum age established according to art. 12 12 para. ((3); b) have obtained at the evaluation of the professional activity of the last 2 years at least the rating "Bun"; c) meet the specific requirements set out in the job description. (2) The methodology for organizing and conducting the exam or contest for promotion to a higher parliamentary office is approved by the Permanent Bureau of the Chamber of Deputies, respectively by the Permanent Bureau of the Senate, on the proposal of secretaries Their generals. + Article 25 ((1) The promotion of the parliamentary public official may be made only in the immediately superior office and only once a year, under the conditions provided by this law. (2) The parliamentary public official may be temporarily promoted to a temporary parliamentary public office vacant, by examination, under the conditions established by the promotion methodology provided for in art. 24 24 para. ((2). ------------- Alin. ((2) of art. 25 25 has been introduced by section 4 4 of art. 42, Cap. IV of the Framework LAW no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. (3) In the period provided in par. (2), the parliamentary civil servant shall benefit from the salary rights related to the position he occupies temporarily. ------------- Alin. ((3) of art. 25 25 has been introduced by section 4 4 of art. 42, Cap. IV of the Framework LAW no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. + Article 26 (1) The parliamentary public official whose activity, on the occasion of the annual professional evaluation, was noted with the rating "Unsatisfactory" or "Satisfactory" cannot be promoted in the next year. (2) If, in the last 2 consecutive years, the parliamentary civil servant was noted with the rating "Unsatisfactory", the Secretary-General proposes to the official the transition to a lower position, within the limits of the vacancies. If there are no vacancies or the proposal is not accepted, the parliamentary civil servant will be released from office as improperly. + Section 4 Professional training of the parliamentary civil servant + Article 27 (1) The parliamentary public servant shall have the right and the obligation to perfect his/her professional training and to pursue refresher courses organized for this purpose. ((2) The training and improvement of professional training shall be continuous, organized, financed and carried out according to the annual programme approved by the Permanent Bureau of each Chamber of Parliament. + Article 28 The training and professional development of parliamentary civil servants shall be carried out in the following forms: a) participation in courses organized by the Parliament or by the providers of training and professional development services specific to the parliamentary activity, in the country or abroad; b) professional adaptation internships to the requirements of the function; c) internships and specialization in the country and abroad; d) individualized vocational training and improvement; e) other forms of professional training. + Article 29 (1) The training and training plan shall be approved by the Permanent Bureau of each Chamber of Parliament, at the proposal of the Secretary-General of each Chamber, in consultation with the Union. (2) The training and training plan, after approval, shall be brought to the attention of the parliamentary civil servants. + Article 30 (1) Parliamentary civil servants shall benefit from the salary rights due, during the period in which they follow forms of professional improvement, in the situation in which they are: a) organised at the initiative of Parliament b) followed at the initiative of the parliamentary civil servant, with the approval of the Secretary (2) If the refresher courses are organized in a locality other than the domicile, the parliamentary civil servant also benefits from the delegation rights, according to the present law. ((3) In order to cover the expenses of the training and professional development plans of the parliamentary public officials, the annual budgets of each Chamber are provided for the necessary amounts for the respective expenses ((. The Secretary-General shall submit annually to the Permanent Bureau a report on the implementation of training and training plans and related expenditure. + Article 31 (1) The parliamentary public official who follows a form of specialization or improvement with a duration of more than 3 months and receives during this period the salary rights is obliged to commit in writing that he will work at least 3 years within Chamber of Deputies or Senate, as appropriate. In the event of non-compliance with the undertaking, it shall bear the expenses incurred, in proportion to the time remaining until (2) Provisions of para. ((1) does not apply to the parliamentary civil servant who no longer holds the public office for reasons that are not attributable to him or where the transfer in the interest of the service has occurred. + Chapter IV Rights and obligations of the parliamentary civil servant + Section 1 Rights of the parliamentary civil servant + Article 32 The establishment of the rights of parliamentary civil servants takes into account the importance of their duties and responsibilities in order to achieve the constitutional prerogatives of the Parliament, as the supreme representative body of the Romanian people and that the sole legislative authority of the country, as well as the incompatibilities and prohibitions established by this law. + Article 33 (1) The parliamentary public official shall be entitled to be in the position of training, specialization, professional competence, experience and personal skills. (2) The parliamentary public official shall be entitled to be promoted accordingly to the training, experience and professional results recorded in the annual evaluations. (3) The parliamentary public servant enjoys stability, equal opportunities and treatment in the appointment and promotion of office, and access to forms of professional training. + Article 34 (1) The parliamentary public servant shall receive fair treatment at work, in compliance with his/her dignity. (2) The activity of the parliamentary public official shall be carried out in working conditions such as to protect his health and physical integrity. + Article 35 The parliamentary civil servant shall have the right to be informed of decisions that are taken in the application of this Statute and which concern him directly. + Article 36 Parliamentary civil servants may organize in professional associations or other associations aimed at representing their own interests, perfecting professional training, as well as protecting their status. + Article 37 (1) The right to trade union is guaranteed to parliamentary civil servants, under the law. (2) Parliamentary civil servants may exercise their right to strike, under the law. + Article 38 Parliamentary civil servants can be elected or appointed to a position of public dignity, under the law. + Article 39 For the work carried out, the parliamentary civil servant is entitled to a monthly basic salary, bonuses, allowances, prizes and the like, according to the law. + Article 40 (1) The establishment of basic salaries of parliamentary civil servants is differentiated, considering the achievement of a fair hierarchy in the career system, in relation to the nature, importance, complexity and responsibility of the functions in which they are appointed, with their seniority, availability, confidentiality and fidelity in ensuring the proper functioning of the service. (2) The basic salaries of parliamentary civil servants shall be established by law. (3) Until the adoption of a special law, the basic salaries of parliamentary civil servants shall be granted in the amount and under the conditions provided by 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. Also, parliamentary civil servants also benefit from the other 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. (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 , republished, with subsequent amendments and completions. + Article 41 (1) Parliamentary civil servants shall have the right, in each calendar year, to paid holiday leave, according to the law and the internal regulation of each Chamber. Rest leave not made until the end of the year for reasons that concern the exercise of duties or other objective reasons, according to the regulation, shall be compensated for in money. (2) The establishment of the rest leave and the calculation of the allowance for the holiday shall be approved, by regulation, by the Permanent Bureau of the Chamber of Deputies and the Senate. (3) 5 days before departure on holiday, the parliamentary public official shall receive the leave allowance, which may not be less than the amount resulting from the cumulation of the basic salary and the bonuses granted on the basic salary of the month prior to departure on holiday. ------------- Alin. ((3) of art. 41 41 has been amended by section 5 5 of art. 42, Cap. IV of the Framework LAW no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. + Article 42 Parliamentary civil servants are entitled to sick leave and other holidays, under the law. + Article 43 (1) Parliamentary civil servants have the right to meal tickets, under the law. (2) The secretaries-general and secretaries-general deputies of the Chamber of Deputies and the Senate, who are not domiciled in Bucharest, are provided with accommodation at the hotel or, if they do not benefit from hotel accommodation, are granted, per night, 70% of the minimum rate negotiated with hotel units for the accommodation of a deputy or senator. (3) The general secretaries and deputy general secretaries of the Chamber of Deputies and the Senate, who are not domiciled in Bucharest, benefit monthly from 4 round trips between Bucharest and the locality where they are domiciled, with any means of transport, the costs of which are settled under the law. + Article 44 (1) The period during which the parliamentary public official of legal specialty carries out activity in the specialized structures of the Parliament is considered seniority in the magistracy and in the specialty, under the law. (2) It is also considered seniority in the specialty and the period during which parliamentary civil servants of another specialty operate in the specialized structures of the Parliament. + Article 45 For outstanding merits in the activity, parliamentary civil servants who have obtained only the "Exceptional" rating in the last 5 years can be proposed for the award of decorations, according to the law. + Section 2 Obligations of the parliamentary civil servant + Article 46 (1) Parliamentary civil servants have the obligation to perform with professionalism, impartiality and in accordance with the law duties of service and to refrain from any act that could harm natural or legal persons or prestige of the body of parliamentary civil servants (2) Parliamentary civil servants have the duty to comply with the rules of professional conduct provided by law. + Article 47 Parliamentary civil servants have the obligation not to stir, in any circumstance, through the work carried out and personal conduct, the prestige of office and Parliament. + Article 48 (1) Parliamentary civil servants have the obligation, in the exercise of their duties, not to favour any political party and not to participate in political activities during the working hours. (2) Provisions of para. (1) are not 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 (3) Parliamentary civil servants are prohibited from being part of associations prohibited by law and to participate in illegal political and trade union events. + Article 49 (1) Parliamentary civil servants are obliged to carry out the duties of the post they occupy. (2) Parliamentary civil servants are obliged to comply with the provisions received from hierarchical superiors and to resolve within the deadline established the works distributed by them. (3) In case of impossibility of exercising the office, parliamentary civil servants shall immediately notify the hierarchical chiefs. + Article 50 Parliamentary civil servants have the obligation to keep the secret of service, as well as confidentiality in relation to the facts, information or documents they are aware of in the exercise of parliamentary public office, under the law, with the exception of public interest information. + Article 51 (1) Parliamentary civil servants are prohibited from soliciting or accepting, directly or indirectly, for them or for others, in consideration of their parliamentary public office, gifts or other advantages. (2) Parliamentary civil servants are prohibited from receiving directly applications whose resolution falls within their competence or to directly discuss with the petitioners or to intervene to resolve these requests, except those to whom they are established. such duties. (3) Upon appointment to a parliamentary public office, as well as to the termination of service relations, parliamentary civil servants are obliged to submit, under the law, the declaration of wealth. The wealth declaration is updated according to the law + Article 52 Parliamentary civil servants have the obligation to respect exactly the legal regime of the conflict of interest and the incompatibilities established by the law. + Article 53 Parliamentary civil servants are obliged to follow the forms of training and professional development organized by the Parliament or by the providers of training and professional development services, specific to the parliamentary activity in the country or from abroad. + Article 54 Parliamentary civil servants with leadership positions are responsible for the orders and instructions they give to subordinate officials. They must comply with the legal regulations and not harm the honour and dignity of the parliamentary civil servants who are to execute them. + Chapter V Amendment, suspension and termination of service report + Section 1 Amendment of the service report + Article 55 The modification of the service report is by: a) delegation; b) secondment; c) transfer; 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. + Article 56 (1) The delegation shall be in the interest of the Chamber of Deputies or the Senate, as the case may be, for a period of no more than 60 calendar days in a year (. The parliamentary public servant may refuse to delegate if he is in one of the following situations: a) pregnancy; b) raise his/her child himself; c) the state of health, proven with medical certificate, makes the delegation contraindicated. ((3) The delegation over a period of more than 60 calendar days in the course of a year may be ordered only with the written consent of the parliamentary civil servant. The measure may be ordered for a period of not more than 90 calendar days in a year. (4) During the delegation, the parliamentary civil servant shall keep his office and salary and shall be entitled to the payment of transport and accommodation expenses, as well as to a delegation allowance, according to the law. + Article 57 (1) The detention shall be ordered in the interest of the public authority or public institution in which the parliamentary civil servant is to operate, for a period of no more than 6 months. In the course of a calendar year a parliamentary civil servant may be posted for a period of more than 6 months only with his written consent. (2) Detachment may be ordered only if the professional training of the parliamentary civil servant corresponds to the duties and responsibilities of the public office on which he is to be posted. (3) The parliamentary public servant may refuse secondment if he is in one of the following situations: a) pregnancy; b) raise his/her child himself; c) the state of health, proven with medical certificate, makes the detachment contraindicated; d) the posting is made in a locality where it is not provided with proper accommodation conditions; e) is the only breadwinner; f) thorough family reasons justify the refusal to act on secondment. (4) During the period of posting, the parliamentary civil servant shall retain his office and salary. If the salary corresponding to the public office on which he is posted is higher, he is entitled to this salary. During posting in another locality, the beneficiary public authority or institution is obliged to bear the full cost of transport, taken and returned, at least once a month, of accommodation and secondment allowance. + Article 58 (1) The transfer, as a way of amending the service report, may take place between public authorities or institutions, as follows: a) in the interest of the b) at the request of the parliamentary official. (2) The transfer in the interest of the service may be made only with the written consent of the transferred parliamentary public official, usually in the same public office or in an equivalent one. In the case of transfer in the interest of the service in another locality, the transferred parliamentary civil servant is entitled to an allowance equal to the net salary calculated at the level of the salary of the month before the one in which he transfers, all transport expenses and a paid leave of 5 days. The payment of these rights shall be borne by the public authority or institution to which the transfer is made, no later than 15 days after the date of approval of the transfer. ((. The transfer on request shall be made in another equivalent public office, following the approval of the request for the transfer of the parliamentary civil servant by the head of the public authority or institution to which the transfer is requested. + Article 59 (1) The parliamentary public official may be permanently or temporarily passed within other compartments within the specialized structures of the Chamber of Deputies or the Senate, as the case may be. (2) The final passage within another compartment shall be made, with the written consent of the parliamentary civil servant, by the Secretary General of the Chamber of Deputies or the Senate, as the case may be. (3) The temporary passage within another compartment shall be ordered by the Secretary General of the Chamber of Deputies or the Senate, as the case may be, in the interest of the Chamber from which the parliamentary civil servant is a party, for a period of 6 months, but not more than a year, in compliance with the professional training and the salary he has. The parliamentary civil servant may be temporarily passed within another compartment for a period of more than 6 months only with his written consent. + Article 60 (1) The temporary exercise of a vacant parliamentary public office shall be carried out by the temporary promotion of a parliamentary public official who fulfils the specific conditions for filling this management position. (2) The measure provided in par. (1) shall be ordered by the Secretary General of the Chamber of Deputies or the Senate, as the case may be, for a period of maximum (3) The temporary exercise of a public parliamentary management function, the holder of which is seconded or suspended under the present law, shall be carried out by temporary promotion, during the posting or suspension of the holder, of a parliamentary civil servant who fulfils the specific conditions for filling this parliamentary public office. (4) The measure provided in par. (3) shall be ordered by the Secretary General of the Chamber of Deputies or the Senate, as (5) If the salary corresponding to the parliamentary public office which he is delegated to exercise is higher, the parliamentary civil servant shall be entitled to this salary. + Section 2 Suspension of the service report + Article 61 (. The service report shall be suspended by law where the parliamentary civil servant is in one of the following situations: a) is appointed or elected for a fixed term in another function within the public authorities or institutions; the period of exercise of that function is considered seniority in the parliamentary public office, as well as seniority in the specialty; b) is assigned to the cabinet of a dignitary; c) is designated by the Secretary-General of the Chamber of Deputies or the Senate, as the case may be, to carry out activities in international bodies or institutions, for the period d) perform the military internship, the alternative military service, is concentrated or mobilized; e) is remanded; f) conduct medical treatment abroad, if the parliamentary civil servant is not on sick leave for temporary incapacity to work, as well as for accompanying his spouse, as the case may be, of the wife or a relative up to the first degree including, under the law; g) is on leave for temporary incapacity to work, under the law; h) quarantine, under the law; i) maternity leave, under the law; j) is missing, and the disappearance was found by irrevocable court decision; k) force majeure; l) in other cases expressly provided by law. (2) Within 5 calendar days from the date of termination of the grounds of suspension of law, the parliamentary public official shall be obliged to inform in writing the Secretary General of the Chamber of Deputies or the Senate, as the case may be, of this fact. (3) Within 5 days from the expiry of the term provided in par. (2), the Secretary General of the Chamber of Deputies or the Senate, as the case may be, is obliged to ensure the conditions necessary for the resumption of activity by the parliamentary + Article 62 (. The service report shall be suspended at the initiative of the parliamentary civil servant in the following situations: a) parental leave of up to 2 years of age or, in the case of the disabled child, until the age of 3 years, under the law; b) leave for the care of the sick child aged up to 7 years or, in the case of the disabled child for intercurrent conditions, until reaching the age of 18; c) leave for vocational training; d) the conduct of an activity within international bodies or institutions in situations other than those provided for in art. 61 61 para. ((1) lit. c); e) for participation in the electoral campaign until the day after the elections, if not elected; f) leave without payment for studies or for other personal interests. (2) The request for suspension of the service report shall be made in writing, reasoned, at least 15 calendar days before the date from which the suspension is requested. + Article 63 During the suspension of the service report, the Secretary General of the Chamber of Deputies or the Senate, as the case may be, is obliged to reserve the post related to the Appointment is made for a fixed period. + Section 3 Termination of service report + Article 64 The termination of the service report of the parliamentary official shall take place under the following conditions: a) by resignation; b) by release from the parliamentary public office; c) by dismissal from the parliamentary public office; d) by retirement; e) by agreement of the parties, recorded in writing; f) rightful. + Article 65 The parliamentary civil servant may resign from office, with the obligation of notification in writing to the Secretary General of the Chamber of Deputies or the Senate, as The resignation shall not be motivated and shall take effect 30 calendar days after registration. + Article 66 (1) The Secretary-General of the Chamber of Deputies or the Senate, as the case may be, will order the release from office by order, which shall be communicated to the parliamentary public official within 5 working days of the issuance, for reasons not attributable to him, in the following: a) the reduction of staff, as a result of the reorganization of the activity, by the abolition of the post occupied by the b) following the admission of the request for reintegration into the position occupied by another parliamentary public official, of a public official issued or unlawfully dismissed or for unfounded reasons, from the date of final stay of the judgment reintegration courts; c) the state of physical or/and mental health of the parliamentary civil servant, established by decision of the competent bodies of medical expertise, no longer allows him to perform his duties corresponding to the parliamentary public office Owned. (2) In the situations provided in par. (1), the Secretary-General of the Chamber of Deputies or the Senate, as the case may be, is obliged to grant the parliamentary public official who is to be released a 30 calendar day notice. (3) The parliamentary public official may be relieved from office in the situations provided in par. ((1) lit. a) and b) only if there are no corresponding parliamentary public functions within the structures of the Chamber of Deputies or the Senate, as the case may + Article 67 The dismissal from the parliamentary public office shall be ordered, by order, by the Secretary General of the Chamber of Deputies or the Senate, as the case may be, and shall be communicated to the parliamentary public official within 5 working days from the date of issue, in the following Cases: a) as a disciplinary sanction applied for the repeated commission of disciplinary misconduct or disciplinary misconduct that had serious consequences; b) if a legal reason for incompatibility has arisen, and the parliamentary civil servant does not act for its termination within a period of 10 days from the date of intervention of the incompatibility case. + Article 68 The service report shall cease by law in the following situations: a) at the time of death b) on the date of irrevocable stay of the court decision declaring the death of the parliamentary civil servant; c) if the parliamentary civil servant no longer meets one of the conditions provided in art. 12 12 para. ((1) lit. a), d) and e); d) as a result of the finding of absolute nullity of the administrative act of appointment, from the date on which the nullity was found by final court decision; e) repealed; ------------- Lit. e) of art. 68 68 has been repealed by section 6.6. 1 1 of art. 172, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. f) when the parliamentary civil servant was convicted of an intentional offence to a custodial sentence by a final judgment; ------------- Lit. f) of art. 68 68 has been amended by section 4.2 2 2 of art. 172, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. g) as a result of the prohibition of the exercise of office, as a safety measure or as a complementary punishment, from the date of final stay of the court decision ordering the ban; h) on the expiry date of the term for which the public office was temporarily exercised. + Article 69 The service report shall cease by right on the date of communication of the decision to retire the parliamentary public official for the age limit or invalidity. + Article 70 Finding of the case for termination of the service report, in the situations provided in art. 65 and 69, shall be by order of the Secretary General of the Chamber of Deputies or the Senate, as the case may be, within 5 working days. + Article 71 (. Upon termination of the service report, the parliamentary civil servant shall retain the rights acquired during his career, unless the service report has ceased for reasons attributable to him. (2) The parliamentary public servant, upon termination of the service report, has the obligation to hand over the works and the goods entrusted to him for the performance of his duties. + Article 72 If the service report has ceased for reasons that the parliamentary public official considers unfounded, it may ask the administrative court to annul the administrative act by which it was found or ordered. the termination of the service report, within 30 calendar days of the communication, with the payment of compensation equal to the money rights it would have benefited from during that period. + Article 73 (1) Parliamentary civil servants whose service report has ceased for reasons not attributable to art. 64 lit. d) and art. 66 benefits from an allowance equal to 7 gross monthly salaries, which are taxed according to the law. For the purposes of this Article, gross monthly salary means the monthly gross basic salary and the bonuses of the last month of activity. (2) The allowance provided in par. ((1) shall be granted only once during the career of parliamentary civil servant. (3) The provisions of par. ((1) shall also apply in the event of the death of the parliamentary public official in activity. In this case, the allowance benefits the spouse and children who were in the maintenance of the parliamentary civil servant at the time of death. + Article 73 ^ 1 (1) Parliamentary civil servants from the specialized structures of the Parliament are entitled to social security, under the law. (2) Parliamentary civil servants with a contribution period of 30 years shall be entitled to an old-age pension upon reaching the standard retirement age from the public pension system. (3) Upon reaching the age provided in par. (2), parliamentary civil servants with a contribution period of 30 years, of which at least 14 years in the structures of the Parliament, benefit from service pension in the amount of 80% of the calculation base represented by the average gross income realized in the last 12 months before the retirement date. The pension granted may not exceed the level of gross basic salary, including bonuses, as well as the driving allowance and the merit salary of the last 12 months prior to the date of retirement, of the position held or of the equivalent function, as the case may be. (4) For each year exceeding the age of 14 years in Parliament is added to the amount of the pension 1% of the calculation base provided in par. ((3), without exceeding the gross income had at the time of retirement. (5) The service pensions established under the terms of this law shall be updated by applying to the amount of the service pension in payment of the percentage of increase of the basic salary enjoyed by the parliamentary civil servant activity, with the same level of pay and on the same public office. If the update results in a lower pension, the pension in payment shall be kept. (6) The part of the service pension exceeding the pension level in the state social insurance system shall be borne from the state budget. (7) Parliamentary civil servants who have a contribution period of 30 years, of which at least 14 years in the structures of the Parliament, can apply for retirement and before the retirement age provided in par. (2), but not earlier than 60 years, the provisions of par. ((3)-(6) of this law by applying accordingly. (8) The rights provided in par. (3), (5), (6) and (7) of this law also benefit the parliamentary civil servants with a contribution period of 30 years, from which in the structures of the Parliament between 4-14 years, in this case the amount of the pension provided in par. (3) being reduced by 1% for each year missing from the age of 14 years. (9) In the calculation of the contribution period in the structures of the Parliament provided in par. (1)-(8) shall be taken into account, as the case may be, and the period during which the parliamentary civil servant had the status of deputy or senator. (10) When fulfilling the retirement conditions provided in par. (1)-(9), the parliamentary official shall opt for the pension calculated according to the provisions of this law or for the pension calculated under the Law no. 263/2010 on the unitary public pension system, with subsequent amendments and completions. (11) Persons who meet the retirement conditions provided by this law benefit from the provisions of par. ((1)-(8), as appropriate, even if at the time of retirement they occupy another position or have another occupation, as the case may be. In this situation, the pension is established on the basis of the salary rights that a parliamentary public official has in activity, with the same level of pay and on the same public office. (12) The provisions of par. (11) only persons whose service report has ceased under the conditions of art. 64 lit. a), b) and e) of this law. (13) The survivor's pension is due to the children and the surviving spouse of the parliamentary civil servant, under the conditions art. 83 83-92 of Law no. 263/2010 , with subsequent amendments and completions. (14) The rules on the establishment of the service pension provided for by this Law will be approved by joint order of the Secretaries-General of the two Houses of Parliament and of the President of the National House of Public Pensions and shall be published in Official Gazette of Romania, Part I. ---------- Art. 73 ^ 1 was introduced by item 1 1 of art. I of LAW no. 215 215 of 21 July 2015 , published in MONITORUL OFFICIAL no. 546 546 of 22 July 2015. + Article 74 Repealed. ------------- Article 74 was repealed by the letter. h) a art. 196, Cap. X of LAW no. 263 263 of 16 December 2010 , published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. + Article 75 Repealed. ------------- Article 75 was repealed by the letter. h) a art. 196, Cap. X of LAW no. 263 263 of 16 December 2010 , published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. + Article 76 Repealed. ------------- Article 76 was repealed by letter. h) a art. 196, Cap. X of LAW no. 263 263 of 16 December 2010 , published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. + Article 77 Repealed. ------------- Article 77 was repealed by the letter. h) a art. 196, Cap. X of LAW no. 263 263 of 16 December 2010 , published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. + Article 78 Parliamentary civil servants who reach retirement age can continue their work with the approval of the Secretary General of the Chamber of Deputies or the Senate, as the case + Article 79 Parliamentary civil servants can also ensure at private social insurance institutions, under the law. + Article 80 Repealed. ------------- Article 80 was repealed by the letter. h) a art. 196, Cap. X of LAW no. 263 263 of 16 December 2010 , published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. + Article 81 Repealed. ------------- Article 81 was repealed by the letter. h) a art. 196, Cap. X of LAW no. 263 263 of 16 December 2010 , published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. + Chapter VI Disciplinary liability of parliamentary civil servants + Article 82 Parliamentary civil servants respond disciplinarily, contraventionally, civil and criminal, under the law. + Article 83 (1) Parliamentary civil servants shall be liable for misconduct in service duties. (2) Disciplinary Misconduct: a) violation of legal provisions on the prohibitions of parliamentary civil servants b) conduct of public activities of a political nature during the working hours; c) unjustified refusal to perform a duty according to the job description or ordered by the superior hierarchical leader; d) gross or repeated negligence in the resolution of works; e) systematic delay in carrying out works; f) unmotivated absence from the service or delay or departure before the schedule from the program repeatedly; g) irreverent attitude during the exercise of the function; h) non-compliance with legal regulations regarding the secret of service, professional secrecy or confidentiality of works that have this character; i) manifestations affecting the prestige of the Parliament; j) the use of the office outside the Parliament, unless it pursues the performance of the duties of service. (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 President's Chancellery, at the offices of the members of the Permanent Bureau, at the offices of the leaders of the parliamentary groups and + Article 84 Disciplinary sanctions that may apply to parliamentary civil servants in proportion to the seriousness of the facts shall be: a) reprimand; b) the warning; c) reduction of gross monthly salary rights by 5-10%, for a period of one month to 3 months; d) suspension of the right of promotion for a period of 1-3 years; e) the transition to a lower position, for a period of 6-12 months, with the corresponding reduction of the basic salary; f) revocation from the position of occupied management and the passing on an execution function; g) dismissal from office. + Article 85 (1) The disciplinary sanction shall be applied by the Secretary-General of the Chamber of Deputies or the Senate, as the case may be, no later than 30 days from the date of the taking to the attention of the misconduct, but not more than one year after the date of its commission. (2) The disciplinary sanctions provided for in art. 84 lit. a) and b) may be applied directly by the heads of department or the managing directors or, as the case may be, by the directors of the structures in which they operate the one in question. (3) The application and individualization of disciplinary sanction will take into account the causes and gravity of the disciplinary deviation, the circumstances in which it was committed, the degree of guilt and the consequences of the deviation, the general behavior in service of the parliamentary civil servant, as well as the existence, in his history, of other disciplinary sanctions that have not been deregistered under the law. (4) The disciplinary sanction can only be applied after the prior investigation of the imputed deed and after the hearing of the official. The hearing of the official must be recorded in writing, under penalty of nullity. His refusal to appear at the hearing or to sign a statement regarding the imputed misconduct shall be recorded in a minutes. In such cases, the penalty can be applied without hearing it. + Article 86 (1) Against disciplinary sanctions, applied under the conditions of art. 85 85 para. (2), the parliamentary public official may address the secretary-general with appeal, within 15 days from the date of communication of the sanction applied. The Secretary-General shall rule on the appeal within 10 days of its receipt, requesting, if necessary, the opinion of the discipline committee. (2) The Secretary-General and the Deputy Secretary-General may be disciplined by the Permanent Bureau of the Chamber of Deputies or the Senate, as the case may be, for disciplinary violations, with the sanctions provided for in art. 84. + Article 87 (1) A discipline commission shall be established within the Chamber of Deputies and the Senate. (2) The composition of the discipline commission, the composition, the attributions, the way of referral and its working procedure shall be established by the Permanent Bureau of each Chamber of the Parliament. + Article 88 The parliamentary public official dissatisfied with the imposed sanction can be addressed to the administrative court, requesting the annulment or modification of the order or the sanction provision, under the law. + Article 89 (1) The disciplinary sanctions shall be radiated by law, as follows: a) within 6 months from the application, the disciplinary sanctions provided for in art. 84 lit. a) and b), if the parliamentary civil servant sanctioned with one of these sanctions did not commit another disciplinary misconduct during this period; b) within one year after the expiry of the period for which they were applied, the sanctions provided for in art. 84 lit. c)-f), if the parliamentary civil servant sanctioned with one of these sanctions did not commit another disciplinary misconduct during this period. (2) Radiation of the disciplinary sanction provided in par. (1) is found by administrative act of the Secretary General of the Chamber of Deputies or the Senate, as the case + Article 90 The contravention liability of the parliamentary civil servant undertakes, according to the law, if he committed a contravention during and in connection with the exercise of his duties. + Article 91 Civil liability of the parliamentary civil servant shall be committed to: a) the damage caused by the guilt of the patrimony of the Chamber of Deputies or the Senate b) the non-dismissal within the legal period of the amounts granted to him; c) damages paid by the Chamber of Deputies or the Senate, as the case may be, as a principal, to third parties, pursuant to a final and irrevocable court decision. + Article 92 (1) The liability of the parliamentary civil servant for the offences committed during the exercise of the office in which he is appointed or in connection with it shall be established according to the criminal law. (2) If, following the complaint of the prosecutor's office or the criminal investigation body, the prosecution was ordered to start, the Secretary-General will take the measure of suspension of the parliamentary civil servant from his position. (3) If the prosecutor's office orders the removal from criminal prosecution or termination of the prosecution in the case provided in par. (2), as well as if the court orders the payment or termination of the criminal proceedings, the suspension from office ceases, and the Secretary General of the Chamber of Deputies or the Senate, as the case may be, is obliged to grant the other rights due to the parliamentary civil servant during the suspension period. + Chapter VII Transitional and final provisions + Article 93 (1) Persons who, on the date of entry into force of this Law *), are assigned to the structures of the Parliament and carry out the activities provided in art. 3 and to art. 5 5 para. (2) are called, within 90 days from the entry into force of this law, in compliance with the conditions provided in art. 12 12 para. ((1) lit. a)-g), in the parliamentary public offices provided in the Annex to this Law, corresponding to the functions held on this date. With the appointment, parliamentary civil servants take the oath of allegiance, according to art. 17 17 para. ((5)-(7). ------------ * *) See footnote from art. 74 74 para. ((7). (2) The establishment of the management function and the execution function shall be made for each employee, taking into account the level of studies, the seniority in the specialty, the level of employment, the job description, the evaluation sheet for the previous year, as well as complexity and responsibility of the function (3) If the person does not have the minimum age provided by this law for that function, the appointment shall be made in the position held on the date of entry into force of the law *), at the level of salary had. ----------- * *) See footnote from art. 74 74 para. ((7). (4) The provisions of par. ((1)-(3) shall also apply accordingly to persons who are assigned to the structures of the Parliament in which the activities referred to in art. 3 and to art. 5 5 para. (2) and which, on the date of entry into force of this Law *), are detached or suspended. ------------ * *) See footnote from art. 74 74 para. ((7). (5) The provisions of art. 41, 43, 73 and 73 ^ 1 also benefit the staff provided in art. 5 5 para. ((4). ---------- Alin. ((5) of art. 93 93 has been amended by section 2 2 of art. I of LAW no. 215 215 of 21 July 2015 , published in MONITORUL OFFICIAL no. 546 546 of 22 July 2015. + Article 94 (1) The provisions of art. 44, 73 and 73 ^ 1 of this Law shall also apply accordingly to civil servants 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 one with similar functions in Parliament ---------- Alin. ((1) of art. 94 94 has been amended by section 3 3 of art. I of LAW no. 215 215 of 21 July 2015 , published in MONITORUL OFFICIAL no. 546 546 of 22 July 2015. (2) The period during which the persons referred to in paragraph (1) carries out activity within the Legislative Council constitutes seniority in the structures of Parliament. + Article 95 Within 60 days of the entry into force of this Law *), the Internal Rules of Staff of the structures of the Chamber of Deputies or the Senate, as the case may be, will be agreed with the provisions of this Law. ------------ * *) See footnote from art. 74 74 para. ((7). + Article 96 Repealed. ------------- Article 96 was repealed by letter. h) a art. 196, Cap. X of LAW no. 263 263 of 16 December 2010 , published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. + Article 97 This law shall be duly completed with the provisions of the Law no. 188/1999 on the Statute of civil servants, republished, with subsequent amendments and completions, with those of Law no. 7/2004 on the Code of Conduct of Civil Servants, republished, with those of Law no. 19/2000 on the public pension system and other social security rights, with subsequent amendments and completions, as well as with any other legal provisions, insofar as they do not contravene the present law. + 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. | | | Level | | | The function of studies | | ├ ---- ------------------------------------------------------------------------------- 留言 | 加入好友 | 1. | Parliamentary public functions corresponding to the category | | | | | | | | | | | | ├ ---- ------------------------------------------------------------------------------- 留言 | 加入好友 | | a) Secretary-General | S | ├ ---- ------------------------------------------------------------------------------- 留言 | 加入好友 | | b) Deputy Secretary-General | S | ├ ---- ------------------------------------------------------------------------------- 留言 | 加入好友 | | c) Head of department, Managing Director | S | ├ ---- ------------------------------------------------------------------------------- 留言 | 加入好友 | 2. | Leading parliamentary public functions | | | ├ ---- ------------------------------------------------------------------------------- 留言 | 加入好友 | | a) Director, Deputy Director | S | ├ ---- ------------------------------------------------------------------------------- 留言 | 加入好友 | | b) Head of service, section chief | S | ├ ---- ------------------------------------------------------------------------------- 留言 | 加入好友 | | c) Head Office | S | └ ---- --------------------------------------------------------------- II. Parliamentary public execution functions from the specialized structures of the Chamber of Deputies and the Senate ┌ ---- ----------------------------------------------------------- | | No. | | | Level | crt. | Function | studies | ├ ---- --------------------------------------------------------------------------- 留言 | 加入好友 | 1. | Parliamentary adviser | S | ├ ---- --------------------------------------------------------------------------- 留言 | 加入好友 | 2. | Parliamentary Expert | S | ├ ---- --------------------------------------------------------------------------- 留言 | 加入好友 | 3. | Parliamentary consultant | S | ├ ---- --------------------------------------------------------------------------- 留言 | 加入好友 | | 4. | Chief Cabinet *) | | S, SSD, PL, M | ├ ---- --------------------------------------------------------------------------- 留言 | 加入好友 | 5. | Referent * *) | SSD, PL, M | ├ ---- --------------------------------------------------------------------------- 留言 | 加入好友 | 6. | Stenodactilograf | PL, M | └ ---- ----------------------------------------------------------- ---------- *) 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. **) 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. Note
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NOTE:
We reproduce below the provisions art. II-IV of Law no. 113/2009 to amend and supplement Law no. 7/2006 on the status of the parliamentary civil servant, which were not incorporated in the republished text of the Law no. 7/2006 and which continue to apply as own provisions of the Law no. 113/2009 :
"" Article II. -The provisions of par. ((2 ^ 1) art. 5 5 *) of Law no. 7/2006 on the status of the parliamentary civil servant, as amended and supplemented, as amended by this Law, shall apply from 1 January 2010.
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*) Art. 5 para. (2 ^ 1) became following the renumbering of art. 5 5 para. ((3).
Article III. -(1) Provisions art. 71 71 para. ((1) * *) of Law no. 7/2006 on the status of the parliamentary civil servant, with subsequent amendments and completions, as well as with those brought by this law shall also apply to parliamentary civil servants whose service report has ceased under the conditions of art. 62 lit. d) * **) and art. 64 * ***) of Law no. 7/2006 , with subsequent amendments and completions, until the date of entry into force of this Law.
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**) Article 71 para. (1) has become following the renumbering of art. 73 73 para. ((1).
***) Art. 62 lit. d) became following the renumbering of art. 64 lit. d).
****) Art. 64 has become following the renumbering of art. 66. (2) Additional expenses determined by granting the allowance according to par. (1) will be provided by the budget of the Chamber of Deputies, respectively of the Senate, staggered during 2009 and 2010. ((3) The procedure for payment of expenditure resulting from the application of art. 71 71 para. ((1) * *) of Law no. 7/2006 , with subsequent amendments and completions, as well as with those brought by this law, shall be approved by the Permanent Bureau of each Chamber, on the proposal of their general secretaries.
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**) Article 71 para. (1) has become following the renumbering of art. 73 73 para. ((1).
Article IV. -The Ministry of Public Finance is authorized to introduce, at the proposal of the Chamber of Deputies, respectively the Senate the corresponding changes in the volume and structure of the two Chambers ' budgets for 2009. "
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