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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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LEGE no. 53 53 of 21 April 2011 to amend and supplement Law no. 80/1995 on military personnel status
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 290 290 of 26 April 2011



The Romanian Parliament adopts this law + Article I Law no. 80/1995 on the status of military personnel, published in the Official Gazette of Romania, Part I, no. 155 of 20 July 1995, as amended and supplemented, shall be amended and supplemented as follows: 1. in Article 6, after paragraph 1, a new paragraph 2 is inserted, with the following contents: " The military personnel provided for in art. 2 2 para. 2 paragraph C lit. c) and para. 2 2 ^ 1 paragraph B lit. c) have the rank of dignitaries of the Romanian state in the exercise of the functions provided with a general/similar degree, without the benefit of additional rights conferred by this quality. " 2. in Article 8, after paragraph 1, two new paragraphs, paragraphs 2 and 3 shall be inserted, with the following contents: " Military personnel in activity have the obligation to participate in missions outside the territory of the Romanian state, depending on the requirements of the Ministry of National Defence, to fulfill the obligations assumed by Romania through conventions and treaties international. May be an exception, on request, from the provisions of par. 2 the military framework that encounters special family weights and falls within one of the following situations: a) form a single parent family; b) is a single family maintainer, child/brother/parent; c) one or both parents are disabled of Grade I or II, regardless of age, and no longer have other major brothers or sisters, fit to work, or have siblings or sisters, but they cannot contribute to the maintenance of their parents because they are students or students at military educational institutions or are disabled in the first or second degree or they execute a custodial sentence; d) the husband is seriously ill, classified in the first or second degree of invalidity; e) both spouses or brothers would participate in the mission during the same period and do not express their consent to that effect; f) in case of natural calamities. " 3. In Article 9, after letter d) a new letter is inserted, letter e), with the following contents: " e) the support by the Ministry of National Defence of the amounts necessary to ensure the legal assistance of military personnel for acts committed by them in the exercise, according to the law, of their duties, under the conditions established by order of the Minister of Defence. ' 4. After Article 14, a new article is inserted, Article 14 ^ 1, with the following contents: "" Art. 14 14 ^ 1. -In peacetime, military personnel in activity shall be entitled to leave without payment, for a duration of no more than 4 years, in the following situations: a) request to follow his wife or husband sent abroad by the Ministry of Foreign Affairs, other ministries, autonomous administrative authorities, organs or other specialized institutions of the central public administration, for carrying out a permanent mission abroad at diplomatic missions, consular offices or other national representations, structures and commands within the international organizations from which Romania is a member, for a longer period months high; b) were selected to fill positions of expert with temporary employee status in the structures within the international organizations from which Romania is a member, based on the approval of the Minister of National Defence. For other cases, duly motivated, military personnel in activity have the right to leave without payment, for a fixed term, for no more than one year. Leave without payment provided in par. 1 and 2 shall be approved by the Minister of National Defence or by the commanders established by him. The Minister of National Defence may extend the duration of leave without payment provided in par. 1 1 and 2 by no more than a year. During the period of leave without payment, granted according to the provisions of 1 or 2, military personnel are suspended from office and do not benefit from any right from the Ministry of National Defence, except for the one on the use of the service home, if it is ordered. The period of unpaid leave does not constitute seniority in service for establishing the pension, seniority in activity for granting the Honorary Sign In the Service of the Fatherland and/or for granting the next gradation under In the situation provided in par. 1 lit. a) and para. 2, when establishing the internship in the degree that the military personnel have, a period equal to 3 quarters of the duration of the leave without payment is taken into account. In the situation provided in par. 1 lit. b), when establishing the internship in the degree that the military personnel have, the entire duration of the leave without payment is taken into account. Upon termination of the leave without payment, the institution shall have the obligation to appoint the military framework on a vacant position or to make it available for classification. " 5. In Article 15, paragraph 2 shall read as follows: " Military personnel in activity, women and men, are entitled to leave and allowance for raising the child until the age of 2 years and, in the case of the disabled child, until reaching the age of 7, under the conditions provided by the legal provisions in force. ' 6. In Article 19, paragraph 1 shall read as follows: "" Art. 19. -When declaring the state of war or mobilization, as well as in special situations established by the Minister of National Defence, the holidays of rest, without payment, of studies, holidays and permissions are suspended, the military personnel in activity being obliged to appear at the military units to which they belong, as soon as possible. " 7. Article 27 shall read as follows: "" Art. 27. -Upon passing in reserve or directly in retreat, military personnel who have at least 20 years of military service and distinguished themselves through the work carried out, as well as those who brought the homeland special services, even if they are not 20 years old. years of military service, may be granted the right to wear military uniform. The criteria for granting and withdrawing this right, as well as the situations in which the military personnel referred to in par. 1 may wear military uniform shall be established by military regulations. " 8. Article 33 shall read as follows: "" Art. 33. -For deviations from military discipline, non-performance of duties, violation of norms of military conduct, rules of social coexistence, officers, military foremen and subofficers can be applied the following disciplinary sanctions: warning; written reprimand; relegation to office; postponement of submission to the next degree in 1-2 years. " 9. In Article 41 ^ 1, paragraphs 6 and 7 shall read as follows: " If before the expiry of the duration established the military personnel terminate the contract according to art. 85 85 para. 1 lit. h), they are obliged to notify the Ministry of National Defence at least 30 days in advance, and in the case of the first contract military personnel are obliged and to refund maintenance and training expenses during schooling, proportional to the contract period remaining unexecuted. The same obligation to return maintenance and training expenses during schooling lies with military personnel, if they are retired by the Ministry of National Defence, according to art. 85 85 para. 1 lit. i)-l), art. 87 87 and 88, before the first contract expires. " 10. In Article 41 ^ 1, after paragraph 9 two new paragraphs are inserted, paragraphs 10 and 11, with the following contents: " By exception to the provisions of par. 1, aviation aircrew concludes with the Ministry of National Defence contracts lasting 12 years after their appointment in the first position. Rules for the restitution of maintenance and training expenses during the schooling provided in par. 6 and 7 will be approved by order of the Minister of National Defence. " 11. In Article 42, letter a) shall read as follows: " a) officers in activity or in reserve, as well as military foremen and retired sub-officers, who have exceeded the age limit in grade for the third class in the reserve provided for in art. 86 86 para. 4 4; '. 12. In Article 52, after paragraph 1, two new paragraphs, paragraphs 2 and 3 shall be inserted, with the following contents: " In the Ministry of Administration and Interior, persons referred to in art. 36 36 para. 1 lit. e), g) and h) are awarded the rank of sub-lieutenant. By exception to the provisions of par. 2 2, the grades may be awarded according to the age in the specialty corresponding to the graduate studies, relative to the duties in the job description. " 13. In Article 53, after paragraph 3, a new paragraph 4 is inserted, with the following contents: "During the entire military career, military personnel in activity may benefit from no more than two advances in the degree before the term and/or exceptionally, except those who execute special missions or outside the national territory." 14. Article 54 (2) shall be repealed. 15. Article 57 shall read as follows: "" Art. 57. -The profiles corresponding to the undergraduate studies in the civil institutions of higher education that give the right to the graduates of these institutions to be submitted in the grades provided in art. 56 56 para. 1 paragraphs B and C shall be determined in relation to the military specialties of the officers or the functions they perform, by order of the Minister of National Defence. " 16. Article 75 shall read as follows: "" Art. 75. -Military personnel are appointed to positions provided in the organization states with degrees equal to or greater than those they have. The appointing powers shall be determined by order of the Minister of National Defence. 17. In Article 75 ^ 1, paragraph 1 shall read as follows: "" Art. 75 75 ^ 1. -The selection of military personnel from the Ministry of National Defence for appointment to positions provided in the organization states with a higher degree to the one they have is made by the selection committees constituted for this purpose, according to the Guide military career, and in situations that require the adoption of urgent measures, military personnel may be appointed to positions similar to those held or superior to them by order of the Minister of National Defence. " 18. After Article 77 a new article is inserted, Article 77 ^ 1, with the following contents: "" Art. 77 77 ^ 1. -Military personnel in activity of the Ministry of National Defence may, temporarily, perform by power of attorney, the duties of another vacant position or whose holder is missing a period of more than one month, under the conditions established by order of the Minister of National Defence, for a period of up to 6 months, a period which may be extended with the approval of the Minister of National Defence for up to one year. During the performance of the duties of the powers, the military personnel shall have the obligations and rights corresponding to those functions. " 19. In Article 78, after paragraph 2, a new paragraph 3 is inserted, with the following contents: " The empowerment or termination of the power of military personnel in activity in the Ministry of National Defence shall be carried out according to the powers established by order of the Minister of National Defence 20. Article 85 (1), letter a) shall read as follows: "" a) on reaching the standard retirement age for the age limit; '. 21. in Article 85 (1), after letter l), two new letters, letters m) and n) are inserted, with the following contents: "" m) in the case of non-approval in order to grant access to classified information or security clearance, to withdraw or if such documents are not revalidated, for reasons attributable to the military framework under the conditions the law; n) after making available, according to the law, as a result of limiting the level of access to classified information, when not identifying a function corresponding to the degree held with a provision of the level of access to classified information entered in the job description, at the level granted after limitation. " 22. In Article 85, paragraph 2 shall read as follows: " The transition into reserve or directly into withdrawal shall be made ex officio, under the conditions provided in par. 1 lit. a), b), d), e), f), l), m) and n), on the proposal of the councils, under the conditions provided in par. 1 lit. i) and j), and in the other conditions, on the proposal of the commanders of the units to which they belong, submitted hierarchically. 23. In Article 85, paragraph 5 shall read as follows: " Officers in activity who have reached the age limit in grade for the third grade in reserve, provided in art. 86 86 para. 4, as well as military personnel who were medically classified "unfit for military service with removal from the record" shall be directly withdrawn, by applying one of the provisions of par. 1, in relation to the reasons for changing the military situation. " 24. In Article 85, after paragraph 5, a new paragraph 6 is inserted, with the following contents: " Military personnel cannot be placed in reserve following the presentation of the resignation during the execution of the missions provided for in art. 2 2 of Law no. 42/2004 on the participation of armed forces in missions outside the territory of the Romanian state, as amended, as well as during the execution of other missions abroad. " 25. Article 86 shall read as follows: "" Art. 86. -Age limits in the degree to which military personnel can be maintained in activity are the standard retirement ages for the age limit provided by social insurance and pension legislation governing the public pension system. for national defence, public order and national security institutions. The generals and admirals are kept in business after reaching the standard retirement age until the age of 60 or are placed in reserve, upon request, under the legal provisions in force. In relation to framing needs, military personnel, other than those provided in par. 2, may be kept in business after reaching the standard retirement age until the age of 60, with the annual approval of the head of the institution. The age limits in the degree to which the retired military personnel can be kept in the record are 55 years for the first class, 60 years for the second and 63 years for the third grade. " 26. In Article 87, after paragraph 1, two new paragraphs, paragraphs 2 and 3 shall be inserted, with the following contents: " Military personnel in activity convicted by court decision remaining final on the prison sentence with its execution shall be placed in reserve or directly in withdrawal ex officio. Military personnel in activity from the Ministry of National Defence convicted of crimes committed with intent to punishment of criminal fine or imprisonment, with suspension of execution or pardoned before the start of execution of sentence, may be past in reserve or directly in retreat or may be kept in activity, on the basis of proposals submitted hierarchically to the commanders/heads who have established powers in this regard, by order of the Minister of National Defence. " 27. Article 89 shall read as follows: "" Art. 89. -The decision on the maintenance of military personnel sent to trial for the commission of crimes is taken after the final settlement of the case. Military personnel in activity in the Ministry of National Defence are suspended from office during the period when, being in pre-trial detention, they are prosecuted, sent to court or are tried by the courts. During the period of suspension from office, officers, military maisters and subofficers do not benefit from any rights from the Ministry of National Defence. By exception to the provisions of par. 2, military personnel, during the period of suspension from office, may benefit from the right provided in art. 9 lit. e) and the right of use of the service home. Military personnel in activity from 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 sent to trial or are tried by to the courts in a state of freedom for acts in connection with the exercise of the duties of the functions in which they are In the Ministry of National Defence, military personnel in activity are made available when they are sent to trial or are tried by the courts in a state of freedom for facts in connection with the exercise of their duties in which they are framed, only on the proposal of the councils and the unit commanders. Military personnel made available under the conditions provided in par. 4 and 5 shall carry out the tasks established, in writing, by the commanders of the establishments to which they belong and benefit from the money rights corresponding to the degree they have, to the minimum, as well as from the other rights established to the activity according to legal provisions. If the acquittal was ordered, as well as in case of removal from prosecution, of the termination of the prosecution or of the criminal trial, the military personnel who were suspended from office under the conditions of par. 2 and who were at their disposal under the conditions of par. 4 and 5 are reinstated in the rights held at the time of suspension from office or at the time of making available, as the case may be, including in the previously held position or in an equivalent one, and will receive all the rights granted to them during the period suspended, respectively made available, according to the legal norms in force at the date of reinstatement in office. Military personnel convicted by court decision remaining final to a custodial sentence with its execution that have previously been suspended from positions shall be placed in reserve as of the date of suspension. Military personnel who have committed acts for which the prosecution has begun or for which they have been sent to trial may be subject to disciplinary sanctions only after the case has been resolved by the prosecutor's office or by the court. During this time the disciplinary procedure is suspended. " 28 28. Articles 92, 92 ^ 1, 93 and 93 ^ 1 shall be repealed. 29. In Article 94, paragraph 2 shall read as follows: "For the degrees of colonel, the commander and their superior shall not be established in grade." 30. Article 95 shall read as follows: "" Art. 95. -When calculating the minimum internship in the degree, the time when the military personnel in activity in the Ministry of National Defence were absent from the program due to the temporary incapacity for work and holidays provided in art. 15, if the absences amount to 365 days during 2 consecutive calendar years. " 31. In Article 108 ^ 1, paragraph 2 shall be repealed. 32. In Article 109, paragraph 3 shall read as follows: "" Provisions art. 2 2 para. 2 2 ^ 1 paragraph A, paragraph B lit. a) and b), art. 5 5 para. 2 2, art. 41 ^ 1, art. 50 50 para. 5 5, art. 51 51 para. 2 2, art. 75 ^ 1, art. 85 85 para. 1 lit. e ^ 1) and art. 108 ^ 1 applies exclusively to military personnel from the Ministry of National Defence. " 33. In Article 109, after paragraph 4, new paragraphs 5 to 13 shall be inserted, with the following contents: "" Provisions art. 27 applies exclusively to military personnel from the Ministry of National Defence, the Ministry of Administration and Interior, the Special Telecommunications Service, the Protection and Guard Service and the Romanian Intelligence Service. Art. 85 85 para. 1 lit. n) applies exclusively to military personnel from the Ministry of National Defence, the Ministry of Administration and Interior, the Special Telecommunications Service, the Romanian Intelligence Service and the Foreign Intelligence Service. Art. 77 77 ^ 1 and art. 78 78 para. 3 applies exclusively to military personnel from the Ministry of National Defence, the Ministry of Administration and Interior, the Romanian Intelligence Service, the Protection and Guard Service and the Special Telecommunications Service. Art. 85 85 para. 6 applies exclusively to military personnel from the Ministry of National Defence, the Ministry of Administration and Interior, the Foreign Intelligence Service, the Romanian Intelligence Service and the Special Telecommunications Service. Art. 87 87 para. 1 applies exclusively to military personnel from the Ministry of Administration and Interior and the Protection and Guard Service. Art. 87 87 para. 2 applies exclusively to military personnel from the Ministry of National Defence, the Romanian Intelligence Service, the Foreign Intelligence Service and the Special Telecommunications Service. Art. 87 87 para. 3 applies exclusively to military personnel from the Ministry of National Defence, the Romanian Intelligence Service, the Foreign Intelligence Service and the Special Telecommunications Service. Art. 89 89 para. 5 applies exclusively to military personnel from the Ministry of National Defence and the Foreign Intelligence Service. Art. 2 2 para. 2 2, art. 55 55 para. 1 1 and art. 56-59, 62, 80 and 81 do not apply to officers, military foremen and sub-officers of the Ministry of National Defence. " + Article II Paragraph 2 of Article II of the Government Emergency Ordinance no. 90/2001 to amend and supplement Law no. 80/1995 on the Statute of Military Staff, published in the Official Gazette of Romania, Part I, no. 349 349 of 29 June 2001, approved with amendments by Law no. 652/2001 ,, is repealed. + Article III Law no. 80/1995 on the status of military personnel, published in the Official Gazette of Romania, Part I, no. 155 of July 20, 1995, with subsequent amendments and completions, as well as with those brought by this law, shall be republished, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE p. SENATE PRESIDENT, IOAN CHELARU Bucharest, April 21, 2011. No. 53. ---------