Law No. 56 Of 22 March 2012 On The Organization And Functioning Of The Academy Of Military Sciences

Original Language Title:  LEGE nr. 56 din 22 martie 2012 privind organizarea şi funcţionarea Academiei de Ştiinţe Militare

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LAW no. 56 of 22 March 2012 (* updated *)
on the organization and functioning of the Academy of Sciences of the National Security **)
(updated on June 14, 2015 *)
Issued



PARLIAMENT
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**) The title of the law was amended pt. 1 of art. I of Law no. 140 of June 10, 2015 published in the Official Gazette no. 416 of 11 June 2015. The Romanian Parliament adopts this law


Chapter I General Provisions



Article 1


(1) is hereby established the Academy of Sciences of National Security, hereinafter ASSN as national forum that brings together scientific personalities assert themselves scientifically representative of the defense, public order and national security, under the scientific coordination of the Ministry of National Defence Ministry of Home Affairs and the Romanian Intelligence Service.


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Alin. (1) art. 1 was amended by pt. 2 of art. I of Law no. 140 of 10 June 2015, published in Official Gazette no. 416 of 11 June 2015

(2) ASSN is a national public institution with legal personality, and represents their interests in court. ASSN can be represented in court and the bodies of the Ministry of National Defense, Ministry of Interior and the Romanian Intelligence Service, as appropriate.


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Alin. (2) art. 1 was amended by pt. 2 of art. I of Law no. 140 of 10 June 2015, published in Official Gazette no. 416 of 11 June 2015

(3) ASM headquarters is located in Bucharest, sos. No dolphins. 68-72, sector 5


Article 2


ASM has as object of activity:

A) the development of science in the defense system, public order and national security, to conform to the requirements of NATO and the European Union;


B) promoting national and international scientific research in the defense system, public order and national security;


C) coordinate scientific research in the defense system, public order and national security;


D) establishing the necessary resources to finance the research and development of medium and long-term defense system, public order and national security;


E) creating the legal framework for continuous introduction of technical progress in the defense system, public order and national security.


Article 3


ASM recognizes the Romanian Academy as the highest national forum of scientific and cultural consecration.

Article 4


In carrying out its activities, ASM cooperates with the Ministry of Education, Youth and Sports Academy Romanian Academy of Scientists in Romania and the branch academies, higher education institutions and other ministries, institutions and units profile.

Chapter II


organization and functioning ASM
Section 1

organization, operation and financing of ASM

Article 5


ASM is organized and functions under this law and its own statutes, approved by Government decision, proposed by the Ministry of National Defense, Ministry of Interior and the Romanian Intelligence Service, within 90 days from the date of entry into force of this law.

Article 6


(1) In order to achieve its object, ASM has the following responsibilities:


A) participate in drafting the national strategy of scientific research of the defense system, public order and national security, to ensure that commitments undertaken in the field of capabilities to NATO and the European Union;


B) harnesses the scientific research of the defense system, public order and national security;


C) develops research programs in areas of interest to the Ministry of National Defense, Ministry of Interior and the Romanian Intelligence Service and other government bodies;


D) collaborate in international scientific cooperation programs of research teams from higher education institutions with similar military and civilian;


E) participates in the development of scientific research programs of the Ministry of National Defense, Ministry of Interior and the Romanian Intelligence Service, Ministry of Education, Research, Youth and Sport, the Romanian Academy and other ministries and institutions concerned;


F) initiates and develops relationships with scientific research institutions and educational institutions in the country and abroad as well as with national and international organizations;



G) grant, under the law, honors and awards for outstanding contributions to scientific research;


H) organize in their own or in collaboration with other institutions in the country and abroad, scientific meetings, congresses, seminars, workshops and symposia on issues of research in its field;


I) participate, together with the Ministry of Defence, Ministry of Education, Research, Youth and Sport and other institutions, assessment and certification capacity of research institutions engaged in scientific research, under the law, according to its range responsibility;


J) formulate views on the creation or abolition of institutes, centers and research units of the defense system, public order and national security;


K) conducts scientific research programs of the National Plan for R & D and innovation, assigned by the state authority for research and development, based on criteria of capability in system or directly competitive;


L) coordinate and evaluate scientific research in their own structures;


M) to the state authority for research and development establishment, the period, according to the law, centers or mixed groups of professionals to achieve specific goals its field;


N) Proposing research and education in the development of the defense system, public order and national security;


O) of the grounds, reasoning and scientific expertise of options and decisions in the defense system, public order and national security.


(2) ASM undertake other duties within its area of ​​activity, established by law or by status.


Article 7


(1) ASM brings together personalities of great scientific value and professional scientific research in the fields of defense system, public order and national security.


(2) ASM is made up of full members, corresponding members, honorary members and associate members. The maximum number of members and correspondents is 100 members, including 50 full members. The number of honorary members and the number of associate members shall be determined by statute.


(3) members and correspondents are Romanian citizens, chosen from prestigious scientific personalities from the fields in para. (1).


(4) Honorary members are Romanian citizens and foreigners who have distinguished themselves through their achievements and contributions to the development of military science.


(5) Associate members can only be legal.


Article 8


ASM membership may grant the title posthumously.

Article 9


Criteria and procedure of election and exclusion of members shall be determined by ASM ASM status.

Article 10


(1) The members of ASM receive a lifetime monthly allowance allowance equal to actual members of the Romanian Academy, the availability of funds.


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Alin. (1) art. Article 10 was amended. 26 of the Emergency Ordinance no. 83 of 12 December 2014 published in the Official Gazette no. 925 of 18 December 2014.

(2) Corresponding members of ASM receive a lifetime monthly allowance equal to 50% of allowance actual members of the Romanian Academy, the availability of funds.


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Alin. (2) art. Article 10 was amended. 26 of the Emergency Ordinance no. 83 of 12 December 2014 published in the Official Gazette no. 925 of 18 December 2014.

(3) members and correspondents of ASM who are members of other academies opting for a single allowance.


(4) Benefits referred to in para. (1) and (2) ensure the amounts allocated from the state budget, according to annual budget laws.


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Alin. (4) art. 10 was amended by section. 3 of Art. I of Law no. 140 of 10 June 2015, published in Official Gazette no. 416 of 11 June 2015

Article 11


ASM can organize the regional branches, units without legal personality.

Article 12


For the effective exercise of ASM in its structure organizes scientific sections.

Article 13


Duties and the organization and operation of territorial branches and scientific departments are established by the Statute of ASM.

Article 14


(1) ASM funding is provided from its own revenues.



(2) ASM can benefit of donations, sponsorships and other sources of funding law.


Article 15


Heritage ASM consists of movable and immovable property, public or private property of the state or territorial administrative units assigned into administration or acquired under the law.

Section 2


ASM management
Article 16


(1) The management bodies of ASM are:


A) general assembly;


B) the Scientific Council;


C) the Executive Office of the Scientific Council.


(2) The management of ASM are:


A) President;


B) Vice President;


C) general secretary.


Article 17


(1) The ASM is exercised by the General Assembly, the supreme forum of leadership. The General Assembly is composed of full members, corresponding members and honorary members.


(2) Only members and correspondents vote.


Article 18


ASM General Meeting of Members shall:

A) adopt ASM Statute, approved by Government decision, proposed by the Ministry of National Defense, Ministry of Interior and the Romanian Intelligence Service;


B) approve the report on activities between the two sessions of the general assembly and annual work programs and scientific perspective;


C) approves programs for optimization of the results of scientific research;


D) elect by secret ballot, new members of ASM;


E) elect by secret ballot, President and General Secretary of ASM. Their term of office is four years, with the right to be re-elected for another term.


Article 19


ASM General Meeting of members is a quorum of at least two thirds of its members and makes valid decisions by simple majority vote of those present. If the first meeting is not met legal number of two-thirds of the members shall be convened not later than 30 days, a new assembly that is legally constituted in the presence of at least half plus one of the total membership. If no second call is not met legal number of members shall be convened not later than 10 days a new assembly that is legally constituted with the members present.

Article 20


General Assembly meets in regular session once a year and in extraordinary session whenever necessary, at the request of the Scientific Council or half plus one of the members.

Article 21


ASM Scientific Council provides leadership between sessions of the General Assembly.

Article 22


(1) The Scientific Council comprises the President, the Vice Secretary-General of the ASM Scientific presidents and chairmen of regional branches.


(2) The Executive Bureau of the Scientific Council is composed of President and General Secretary of ASM and operational management.


Article 23


(1) Chairman ASM Scientific is chairman of the Executive Board and the Scientific Council.


(2) The President is ASSN Academy in relations with third parties and is the principal loan.


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Alin. (2) art. It amended by section 23. 4 of art. I of Law no. 140 of 10 June 2015, published in Official Gazette no. 416 of 11 June 2015

(3) Powers of the Scientific Council of the Executive Board of the Scientific Council, the President and the workings of their status shall be determined by ASM.


(4) If the President can not exercise its powers for more than 30 days, they will be taken over by the vice president.


(5) In exercising its powers, the president makes decisions.


Section 3
a

machine working ASM
Article 24


Structure and the maximum number of posts of ASM is approved by Government decision, proposed by the Ministry of National Defense, Ministry of Interior and the Romanian Intelligence Service.

Article 25


The personnel of the staff of ASM is done according to proper legal provisions applicable to public sector employees, the availability of funds.

Article 26


ASM is endowed with its own car park.

Chapter III

research structures operating in the scientific coordination of ASM

Article 27



(1) Scientific research of the defense system, public order and national security includes:


A) fundamental research;


B) applied research.


(2) The following research structures may work in scientific coordination of ASM:


A) cores;


B) collective;


C) laboratories;


D) sections;


E) departments;


F) institutions that are active education and scientific research and institutions which carry out scientific research only with legal personality;


G) institutions without legal personality, which operates scientific research.


Article 28


Research structures provided for in art. 27 para. (2) concluding research contracts ASM directly inform the research results which have been funded.

Chapter IV Final



Article 29


Phrase "Academy of Sciences of National Security" can not be used by any other public or private institution in the name of its contents.
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Art. Article 29 has been amended. III of Law no. 140 of 10 June 2015, published in Official Gazette no. 416 of 11 June 2015 by replacing "Academy of Military Sciences" by "National Security Academy of Sciences".

This law was adopted by the Parliament of Romania, in compliance with art. 75 and Art. 76 para. (2) of the Romanian Constitution.
P. The Chamber of Deputies, Ioan Oltean


SENATE Vasile Blaga
Bucharest, March 22, 2012.
No. 56.
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