LEGE no. 56 56 of 22 March 2012 (* updated *) on the organization and functioning of the Academy of National Security Sciences * *) ((updated on 14 June 2015 *)
ISSUER
PARLIAMENT
---------- **) The title of the law was amended by item 1 1 of art. I of LAW no. 140 140 of 10 June 2015 published in MONITORUL OFFICIAL no. 416 416 of 11 June 2015. Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The Academy of National Security Sciences, hereinafter referred to as ASSN, is established as a national scientific consecration forum that brings together representative scientific personalities from the field of defense, public order and national security, In the scientific coordination of the Ministry of National Defence, Ministry of Internal Affairs and Romanian Intelligence Service. ... ---------- Alin. ((1) of art. 1 1 has been amended by section 2 2 of art. I of LAW no. 140 140 of 10 June 2015 , published in MONITORUL OFFICIAL no. 416 416 of 11 June 2015. ((2) ASSN is a public institution of national interest, with legal personality, and represents in justice its own interests. ASSN can also be represented by the specialized bodies of the Ministry of National Defence, the Ministry of Internal Affairs and the Romanian Intelligence Service, as the case may be. ... ---------- Alin. ((2) of art. 1 1 has been amended by section 2 2 of art. I of LAW no. 140 140 of 10 June 2015 , published in MONITORUL OFFICIAL no. 416 416 of 11 June 2015. (3) The ASM headquarters are located in Bucharest, sauce. Panduri nr. 68-72, Sector 5. ... + Article 2 ASM has as its object of activity: a) development of sciences in the system of defence, public order and national security, in order to align with the requirements of NATO and the European Union; ... b) national and international promotion of scientific research from the system of defence, public order and national security; ... c) coordination of scientific research activity in the defense system, public order and national security; ... d) substantiating the need for funding resources of research and development activities in the medium and long term from the defense system, public order and national security; ... e) the creation of the legal framework for the continuous introduction of technical progress in the defence, public order and national security system. ... + Article 3 ASM recognizes the Romanian Academy as the highest national forum for scientific and cultural consecration. + Article 4 In carrying out its object of activity, ASM collaborates with the Ministry of Education, Research, Youth and Sports, the Romanian Academy, the Academy of Romanian Scientists and branch academies, higher education institutions, as well as with other ministries, institutions and profile units. + Chapter II Organization and functioning of ASM + Section 1 Organisation, operation and financing of ASM + Article 5 ASM is organized and operates according to the provisions of this law and its own statute, which is approved by Government decision, at the proposal of the Ministry of National Defence, the Ministry of Administration and Interior and the Romanian Information, within 90 days from the date of entry into force of this Law. + Article 6 (1) In order to achieve its object of activity, ASM has the following tasks: ... a) participate in the elaboration of the national strategy of scientific research activity in the defense system, public order and national security, in order to respect the commitments in the field of capacities assumed towards NATO and the Union European; ... b) contribute to the valorisation of scientific research from the defence, public order and national security system; ... c) develop scientific research programs in the fields of interest for the Ministry of National Defence, the Ministry of Administration and Interior and the Romanian Intelligence Service, as well as for other public administration bodies; ... d) collaborate in the programs of international scientific cooperation of research collectives in higher education institutions with military and civil profile; ... e) participate in the elaboration of scientific research programs of the Ministry of National Defence, the Ministry of Administration and Interior and the Romanian Intelligence Service, Ministry of Education, Research, Youth and Sports, of the Academy Romanian and other ministries and interested institutions; ... f) initiates and develops collaborative relations with scientific and educational research institutions in the country and abroad, as well as with national and international organizations; ... g) grants, under the law, distinctions and awards for special contributions in the scientific research activity; ... h) organizes, in its own name or in collaboration with other institutions in the country and abroad, scientific events, congresses, seminars, workshops and symposia on the problems of research in its field of activity; ... i) participate, together with the Ministry of National Defence, the Ministry of Education, Research, Youth and Sports and other competent institutions, to the evaluation and attestation of the capacity of the institutions conducting research activities in the field scientific research, according to the law, according to its area of responsibility; ... j) formulate points of view in connection with the establishment or abolition of institutes, centers and research units in the defense system, public order and national security; ... k) conduct scientific research programs from the National Research and Development and Innovation Plan, awarded by the state authority for research and development, based on capability criteria, in competition system or directly; ... l) coordinate and evaluate the scientific research activity in its own structures; ... m) proposes to the state authority for research and development the establishment, for periods determined, under the law, of mixed centers or collective of specialists for the realization of objectives specific to its field of activity; ... n) formulates proposals in the field of research and education development in the defence, public order and national security system; ... o) contribute to the substantiation, argumentation and scientific expertise of options and decisions in the defense system, public order and national security. ... ((2) The ASM also performs other duties in its field of activity, established by law or by its statute. ... + Article 7 (1) The ASM brings together personalities of particular scientific and professional value from the fields of scientific research in the defense system, public order and national security. ... (2) The ASM has in its composition full members, corresponding members, honorary members and associate members. The maximum number of holders and corresponding members is 100, of which 50 full members. The number of honorary members and the number of associate members shall be determined by ... (3) The titular members and the corresponding members are Romanian citizens, chosen among the prestigious scientific personalities from the fields provided in par. ((1). ... (4) Honorary members are Romanian and foreign citizens who have distinguished themselves by their achievements and contributions to the development of sciences in the military field. ... (5) Associate members may only be legal persons. ... + Article 8 ASM may also award the post-mortem membership. + Article 9 The criteria and procedure of choice and exclusion of ASM members shall be established by the ASM Statute. + Article 10 (1) The members of the ASM shall receive a monthly allowance equal to the allowance of the holders of the Romanian Academy, within the limits of the available funds. ... ---------- Alin. ((1) of art. 10 10 has been amended by art. 26 of EMERGENCY ORDINANCE no. 83 83 of 12 December 2014 , published in MONITORUL OFFICIAL no. 925 925 of 18 December 2014. (2) The corresponding members of the ASM benefit from a monthly living allowance equal to 50% of the amount of the allowance of the holders of the Romanian Academy, within the limits of the available funds. ... ---------- Alin. ((2) of art. 10 10 has been amended by art. 26 of EMERGENCY ORDINANCE no. 83 83 of 12 December 2014 , published in MONITORUL OFFICIAL no. 925 925 of 18 December 2014. (3) The full members and corresponding members of the ASM who are also members of other academies shall opt for a single allowance. ... (4) The allowances provided in par. ((1) and (2) shall be provided from amounts allocated from the state budget, according to the annual budgetary laws. ... ---------- Alin. ((4) of art. 10 10 has been amended by section 3 3 of art. I of LAW no. 140 140 of 10 June 2015 , published in MONITORUL OFFICIAL no. 416 416 of 11 June 2015. + Article 11 ASM can organize, in territorial branches, units without legal personality. + Article 12 For the smooth running of the ASM activity, scientific departments are organized in its structure. + Article 13 The attributions and the organization and functioning of the territorial and scientific departments shall be established by the ASM Statute. + Article 14 (1) The ASM financing shall be ensured from its own revenue ... (2) ASM can benefit from donations, sponsorships and other sources of funding, according to the law. ... + Article 15 The ASM patrimony is made up of movable and immovable property, public or private property of the state or administrative-territorial units assigned in administration or in use, acquired according to the law. + Section 2 ASM management + Article 16 (1) The management bodies of the ASM are: ... a) general meeting; ... b) the scientific council; ... c) Executive Board of the Scientific Council. ... (2) The management functions of the ASM are: ... a) President; ... b) Vice-President; ... c) Secretary-General. ... + Article 17 (1) The management of the ASM shall be exercised by the general assembly, the supreme governing body. The General Assembly is composed of full members, corresponding members and honorary members. ... (. Only full members and corresponding members shall have the right to vote. ... + Article 18 The general meeting of the members of the ASM shall be a) adopt the ASM Statute, which is approved by Government decision, at the proposal of the Ministry of National Defence, the Ministry of Administration and Interior and the Romanian Intelligence Service; ... b) approve the work carried out between two sessions of the general meeting, as well as the programs of annual and prospective scientific activity; ... c) approve programmes for the valorisation of scientific research; ... d) choose, by secret ballot, the new members of the ASM; ... e) choose, by secret ballot, the president, vice president and general secretary of the ASM. Their mandate is 4 years, with the right to be re-elected for another term. ... + Article 19 The general assembly of the members of the ASM is legally constituted in the presence of at least two thirds of its members and makes valid decisions with the vote of the simple majority of those present. If at the first convocation is not met the legal number of two thirds of the members shall be convened, within a maximum of 30 days, a new assembly, which shall be deemed legally constituted in the presence of at least half plus one of the total number of members. If neither the second convocation is met the legal number of members shall be convened, within a maximum of 10 days, a new assembly, which shall be considered legally constituted with the number of members present. + Article 20 The general meeting meets in ordinary session once a year and, in extraordinary session, whenever needed, at the request of the scientific council or half plus one of the number of members. + Article 21 The Scientific Council ensures the leadership of the ASM between the sessions + Article 22 (1) The Scientific Council shall consist of the President, the Vice-Chair, the Secretary-General of the ASM, the Chairpersons of the Scientific Departments and the ... (2) The Executive Board of the Scientific Council shall consist of the Chairperson, Vice-Chair and Secretary-General of the ASM and shall provide ... + Article 23 (1) The President of the ASM shall be the chairman of the Scientific Council and the Executive Board ... (2) The ASSN President represents the Academy in relations with third parties and is the principal authorising officer. ... ---------- Alin. ((2) of art. 23 23 has been amended by section 4 4 of art. I of LAW no. 140 140 of 10 June 2015 , published in MONITORUL OFFICIAL no. 416 416 of 11 June 2015. (3) The tasks of the Scientific Council, the Executive Office of the Scientific Council, the President and their working arrangements shall be established by the Statute of the ASM. ... (4) If the President cannot exercise his prerogatives for a period of more than 30 days, they shall be taken over by the Vice-President. ... (. In the exercise of his duties, the President shall issue decisions ... + Section 3 Working apparatus of the ASM + Article 24 The organizational structure and the maximum number of posts of the ASM are approved by Government decision, at the proposal of the Ministry of National Defence, the Ministry of Administration and Interior and the Romanian Intelligence Service. + Article 25 The salary of the staff in the ASM own working apparatus is made according to the legal provisions applicable to the staff in the budget sector, within the limits of available + Article 26 ASM has an own car park. + Chapter III Research structures operating in the scientific coordination of the ASM + Article 27 (1) Scientific research in the defence, public order and national security system shall include: ... a) fundamental research; ... b) applicative research. ... (2) The following research structures may carry out their work in the scientific coordination of the ASM: ... a) cores; ... b) collective; ... c) laboratories; ... d) wards; ... e) departments; ... f) institutions in which the activity of education and scientific research and institutions in which only scientific research activity is carried out, with legal personality; ... g) institutions without legal personality, in which scientific research is carried out. ... + Article 28 The research structures provided for in art. 27 27 para. ((2) concluding scientific research contracts shall inform the ASM directly on the results of the research for which they were financed. + Chapter IV Final provisions + Article 29 The phrase "Academy of National Security Sciences" cannot be used by any other public or private institution in its name. ---------- Article 29 has been amended by art. III of LAW no. 140 140 of 10 June 2015 , published in MONITORUL OFFICIAL no. 416 of 11 June 2015, by replacing the phrase "Academy of Military Sciences" with the phrase "Academy of National Security Sciences". This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, IOAN OLTEAN SENATE PRESIDENT VASILE BLAGA Bucharest, March 22, 2012. No. 56. -------
