Law No. 53 Of 21 April 2011 Amending And Supplementing Law No. 80/1995 On The Military

Original Language Title:  LEGE nr. 53 din 21 aprilie 2011 pentru modificarea şi completarea Legii nr. 80/1995 privind statutul cadrelor militare

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LAW no.
53 of April 21, 2011 amending and supplementing Law no. 80/1995 on the military
Issued



PARLIAMENT Published


Official Gazette no. 290 of 26 April 2011

Romanian Parliament adopts this law.

Article I


Law. 80/1995 on the military, published in the Official Gazette of Romania, Part I, no. 155 of 20 July 1995 amended and supplemented, amended and supplemented as follows:
1. In Article 6, paragraph 1 shall be followed by a new paragraph 2 as follows:
"The military provided in Art. 2 para. 2, paragraph C c) and para. 2 ^ 1, paragraph B lit. c) have the rank of state officials in the performance of Romanian feature generalship / similar, without the additional rights conferred by that quality. "
2. In Article 8, after paragraph 1 shall introduce two new paragraphs 2 and 3, as follows:
"The military in active obliged to participate in missions outside the Romanian territory, depending on the requirements of the Ministry of National Defense, fulfillment of obligations assumed by Romania under international treaties and conventions.
Maybe exception on request from par. 2 the military experience difficulties and family problems fall into one of the following:

a) forming a single-parent family;


b) is the sole breadwinner of the family, the child / brother / father;


c) one or both parents are invalids of the I or II, regardless of age, and has no other brothers or sisters adult, able-bodied or has brothers or sisters, but they can not contribute to maintenance of parents because they are pupils or students at the military school or are disabled grade I or II or those serving a custodial sentence;


D) the spouse is seriously ill, classified in Grade I or II disability;


E) spouses or brothers would participate in the mission in the same period and do not express their consent;


F) in the case of natural disasters. "


March. In Article 9, after subparagraph d) introduce a new letter, e), as follows:
's ) assumption by the Ministry of national Defence of the amounts necessary to ensure legal assistance to military personnel for acts committed by them in the exercise, by law, the duties under the conditions set by the Minister of national Defence. "
4. after Article 14 introduces a new Article 14 ^ 1, as follows:
"Art. 14 ^ 1. - In peacetime, active military personnel are entitled to unpaid leave for a period not exceeding four years in the following situations:

A) shall follow their wife or husband sent abroad by the Ministry of Foreign Affairs, other ministries, autonomous administrative authorities, organs or other specialized institutions of the central government to fulfill a permanent mission at diplomatic missions abroad at consular offices or other national structures and headquarters of international organizations of which Romania is part, for more than 6 months;


B) were selected for positions of expert status temporary worker structures of international organizations of which Romania is part, upon approval from the Minister of National Defence.


For other cases, highly motivated, active military personnel are entitled to unpaid leave, fixed-term of one year.
Unpaid leave in para. 1 and 2 are approved by the Minister of National Defence or by established masters of it.
Minister of National Defence may extend unpaid leave referred to in para. 1 and 2 with one year.
During unpaid leave, granted according to para. 1 or 2, military personnel are suspended from office and do not have any rights from the Ministry of Defence, with the exception of dwelling on the use of service if the court decides it.
Unpaid leave period does not constitute a pension for length of service, seniority for paying the Honorary Sign In the Service of the Country and / or obtain gradation following the law.
In the situation provided in par. 1 letter a) and para. 2 in determining placement in the grade they have military personnel take into account a period equal to three quarters of the length of unpaid leave.

In the situation provided in par. 1 letter b) the establishment stage in the degree that we have military personnel take into account the duration of unpaid leave.
On termination of unpaid leave, the institution is obliged to appoint the military positions vacant or make available for assigning. "
5. In Article 15, paragraph 2 shall read as follows: || | "the military in active men and women are entitled to leave and allowance for child care until the age of 2 years and, in the case of a disabled child up to the age of 7, under the terms of the legal requirements force. "
6. In Article 19, paragraph 1 shall read as follows:
" Art. 19. - In a state of war or mobilization, and in special circumstances determined by the Minister of National Defence, vacations freely studies, holidays and permissions are suspended, active military personnel are required to report to units military belonging in the shortest time possible. "
7. Article 27 reads as follows:
" Art. 27. - When passing or directly retired military personnel who are at least 20 years of military service and were distinguished by their activity, and those who have made outstanding services homeland, even if there are older 20 years of military service may be granted the right to wear military uniform.
Criteria for granting and withdrawing this right, and the situations in which military personnel in para. One can wear the military uniform are determined by military regulations. "
8. Article 33 reads as follows:
" Art. 33. - For deviation from military discipline, failure to fulfill duties, breach of military conduct, rules of social coexistence, officers, and NCOs may apply the following disciplinary sanctions: warning; written reprimand; according relegation; delaying the advance of the next degree on for 1-2 years. "
9. Article 41 ^ 1, paragraphs 6 and 7 shall read as follows:
" Where before expiry set terminates military personnel contract according to art. 85 para. 1 letter h), they are required to notify the Ministry of Defence with at least 30 days in advance, and if the first contract and military personnel are obliged to refund the expenses of maintenance and training during schooling in proportion to the remaining unexecuted contract.
The same obligation to repay the expenses for training and schooling returns during the military if they are put in reserve by the Ministry of Defence, according to art. 85 para. 1 letter i) -l), art. 87 and 88, before the first contract. "
10. Article 41 ^ 1, after paragraph 9, insert two new paragraphs 10 and 11, as follows:
" Notwithstanding the provisions of paragraph . 1 aviation aircrew sign with the Ministry of Defence contracts lasting 12 years after their first appointment function.
Rules of reimbursement for maintenance and training during schooling in para. 6 and 7 will be approved by the Minister of National Defence. "
11. In Article 42, letter a) shall read as follows:
" a) Active or retired officers, and NCOs and reserve, which exceeded the age limit for class rank third in reserve under art. 86 para. 4; ".
12. In Article 52, after paragraph 1 shall introduce two new paragraphs 2 and 3, as follows:
" The Ministry of Interior, persons referred to in art. 36 para. 1 letter e), g) and h) are given a second lieutenant.
Notwithstanding the provisions of paragraph. 2 degrees may be awarded based on seniority appropriate specialist graduated studies related to the duties of the job. "
13. In Article 53, after paragraph 3, insert a new paragraph 4 as follows: | || "during the entire military career, active military personnel can receive no more than two in rank ahead of schedule and / or unusual, except that perform special assignments or outside national territory."
14 . In Article 54, paragraph 2 is repealed.
15. Article 57 reads as follows:
"Art. 57. - corresponding profiles of undergraduate studies in civil institutions of higher education graduates entitle officers of these institutions to be advanced in grades referred to in art. 56 para. 1 paragraphs B and C are established in relation to military officers specialties or functions they perform, by the Minister of National Defence. "

16. Article 75 reads as follows:
"Art. 75. - The military are called in functions within the organizational degrees equal to or higher than those we have. The powers of appointment shall be determined by the Minister national defense. "
17. Article 75 ^ 1, paragraph 1 shall read as follows:
"Art. 75 ^ 1. - Selection of the military MoD for appointment in the organizational set with higher grade than they have to do by selection committees constituted for this purpose, according to the military career Guide, and in situations that require urgent action, military personnel may be appointed to positions similar to their owned or higher by the Minister of national Defence. "
18. After Article 77 insert a new Article 77 ^ 1, as follows:
"Art. 77 ^ 1. - The military activity of the Ministry of Defence can meet temporarily, by proxy, the powers of other vacancies or whose holder is missing for more than a month, as determined by the Minister of national Defence, for a period of up to 6 months period that can be extended with the approval of the Minister of national Defence to one year. | || during duties functions have been empowered military personnel have the appropriate rights and obligations of those functions. "
19. In Article 78, after paragraph 2, insert a new paragraph 3 as follows:
"Empowering or termination of active military personnel empowerment MoD is performed according to the competencies established by the Minister of National Defence."
20. Article 85 1 letter a) shall read as follows:
"a) the standard retirement age for old age;".
21. Article 85 1, letter l) the following two new letters, the letters m) and n), as follows:
"m) if neavizării in view of granting access to classified information or security certificate, withdrawal or if these documents are not revalidated, owing to military framework under the law;

n) after provision under the law, as a result of limiting the level of access to classified information, then when not held identifies a position corresponding to a provision of level access to classified information stated in the job at the level granted after limiting. "


22. In Article 85, paragraph 2 shall read as follows:
"Passing or directly retreat is in office, as provided in par. 1 a), b), d), e), f) , l), m) and n), councils the court, as provided in par. 1 letter i) and j), and in other circumstances, the proposal commanders of units belonging lodged hierarchical. "
23. In Article 85, paragraph 5 shall read as follows:
"officers in service who have reached retirement age in grade to grade III in reserve under Art. 86 para. 4 and military personnel who medical was ranked "unfit for military service with the cancellation of the registration" shall pass straight into retreat by applying one of the provisions of para. 1, compared with reasons for changing military situation. "
24. In Article 85, after paragraph 5, insert a new paragraph 6 as follows:
"The military can not be put in reserve following the submission of resignation during the execution of the tasks set out in Art. 2 of Law no. 42/2004 regarding the participation of armed forces in missions outside the Romanian territory, as amended, and while executing other missions abroad. "
25. Article 86 reads as follows:
"Art. 86. - Age limits the degree to which military personnel can be kept in operation are standard retirement ages for retirement under the laws governing social security and pension system public pension institutions of national defense, public order and national security. the generals and admirals
are kept in service beyond the normal retirement age until the age of 60 years or are retired, on request, in accordance legal provisions in force.
in relation to the needs of employment, military personnel other than those referred to in para. 2 may be kept in operation after reaching the standard retirement age to age 60 years, with the annual approval of head of the institution.

Age limits the degree to which retired military personnel can be kept out are 55 years for Class I, 60 grade II and 63 for Class III. "
26. in Article 87, after paragraph 1 shall introduce two new paragraphs 2 and 3, as follows:
"the military in active convicted by final court decision to imprisonment for its execution shall be entered in or directly withdraw from office.
Active military personnel of MoD convicted for intentional criminal penalty fine or imprisonment, with suspension or pardon before the start of penalty can be directly put in reserve or retired or be maintained activity, on the basis of proposals hierarchical commanders / chiefs who established powers in this respect by the Minister of national Defence. "
27. Article 89 reads as follows:
" Art. 89 - Decision on the retention of military personnel prosecuted for offenses shall be taken after the final case.
Active military personnel of MoD suspended from office during that being in remand, are prosecuted, sued or are judged by the courts. During the suspension from office, officers, NCOs and NCOs not benefit from any of the National Defence Ministry.
Notwithstanding the provisions of paragraph. 2 military staff during the suspension from office may exercise the right provided for in art. 9 letter e) and the right to use the housing service.
Active military personnel of the Ministry of Administration and Interior, the Romanian Intelligence Service, the Special Telecommunications Service and the Protection and Guard Service are made available when they are sued or prosecuted by the courts in custody for acts in connection with the exercise of the functions assigned.
The Ministry of National Defence, active military personnel are made available when they are sued or prosecuted by the courts in custody for acts in connection with the exercise of functions that are assigned only to the Council proposal judgment and commanders of units.
The military made available under the terms of par. 4 and 5 fulfill the tasks set out in writing by the unit commanders who are part and benefit from the entitlements they have appropriate degree at a minimum, as well as other rights set out in military activities in accordance with legal provisions.
If you ordered the payment, and when out of criminal prosecution, prosecution or termination of the criminal trial, the military personnel who have been suspended from office under par. 2 and which have been provided under par. 4 and 5 are considered rights restored to the date of suspension from office or to the date of disposal, as appropriate, including the previously held position or an equivalent, and will receive all the rights they would be granted in the period as s they have been suspended or made available according to legal norms in force on reinstatement in office.
Military personnel convicted by final court decision to a custodial sentence of execution that had previously been suspended from their positions in reserve pass from the date of suspension.
Military personnel who committed acts for which prosecution has begun or for which they were prosecuted disciplinary sanctions may be imposed only after settlement of the case by the prosecution or by the court. Meanwhile disciplinary proceedings shall be suspended. "
28. Articles 92, 92 ^ 1, 93 and 93 ^ 1 is repealed.
29. In Article 94, paragraph 2 shall read as follows:
" For ranks of colonel, commander and their upper stages are not set in rank. "
30. Article 95 reads as follows:
" Art. 95. - When calculating the minimum period in grade does not consider the time in which active military personnel MoD were absent from the program due to temporary disability and leave provided for in art. 15 if absences totaling 365 days over two consecutive calendar years. "
31. Article 108 ^ 1, paragraph 2 is repealed.
32. In Article 109, paragraph 3 shall read as follows:

"Provisions of Art. 2 para. 2 ^ 1, paragraph A, B, paragraph a) and b), Art. 5 para. 2, Art. 41 ^ 1, art. 50 par. 5, Art. 51 para . 2, art. 75 ^ 1, art. 85 par. 1 letter e ^ 1) and art. 108 ^ 1 shall apply exclusively military MoD. "
33. In Article 109, paragraph 4, the following paragraphs November 9, paragraphs 5-13 as follows:
"provisions of art. 27 applies exclusively to military personnel from the Ministry of National Defense, Ministry of Interior, Special Telecommunications Service , Protection and Guard Service and the Romanian Intelligence Service.
provisions of art. 85 par. 1 letter n) apply exclusively to military personnel from the Ministry of National Defense, Ministry of Interior, Special Telecommunications Service, Romanian information and Foreign Intelligence Service.
provisions of art. 77 ^ 1 and art. 78 par. 3 applies exclusively to military personnel from the Ministry of National Defense, Ministry of Interior, the Romanian Intelligence Service, Protection and Guard Service and Special Telecommunications service.
provisions of art. 85 par. 6 applies exclusively to military personnel from the Ministry of National Defense, Ministry of Interior, Foreign Intelligence service, the Romanian Intelligence service and the Special Telecommunications service.
Provisions of art. 87 para. 1 shall apply exclusively to military personnel from the Ministry of Interior and the Protection and Guard Service.
Provisions of art. 87 para. 2 applies exclusively to military personnel from the Ministry of National Defense, Romanian Intelligence Service, the Foreign Intelligence Service and the Special Telecommunications Service.
Provisions of art. 87 para. 3 applies exclusively to military personnel from the Ministry of National Defense, Romanian Intelligence Service, the Foreign Intelligence Service and the Special Telecommunications Service.
Provisions of art. 89 para. 5 shall apply exclusively military MoD and the Foreign Intelligence Service.
Provisions of art. 2 para. 2, art. 55 para. 1 and art. 56-59, 62, 80 and 81 shall not apply to officers, and NCOs MoD. "




Article II Paragraph (2) of Article II of the Ordinance emergency Government Ordinance no. 90/2001 amending and supplementing Law no. 80/1995 on the military, published in the Official Gazette of Romania, Part I, no. 349 of 29 June 2001, approved with amendments by Law no. 652 / 2001 is hereby repealed.




Article III Law no. 80/1995 on the military, published in the Official Gazette of Romania, Part I, no. 155 of 20 July 1995 with subsequent amendments, as well as those made by this law, will be republished, giving the texts a new numbering.
This law was adopted by the Parliament of Romania, in compliance with art. 75 and art . 76 para. (1) of the Romanian Constitution.
Chamber of Deputies Roberta Alma Anastase

p. PRESIDENT oF tHE SENATE IOAN CHELARU

Bucharest, April 21, 2011.
nr. 53. ---------

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