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Law No. 14 Of 9 January 2003 (Republished) Political Parties

Original Language Title:  LEGE nr. 14 din 9 ianuarie 2003 (*republicată*) a partidelor politice

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LEGE no. 14 14 of 9 January 2003 *) (* republished *) of political parties
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 408 408 of 10 June 2015



Note
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* *) Republicated pursuant to art. II of Law no. 114/2015 amending and supplementing Law of political parties no. 14/2003 , published in the Official Gazette of Romania, Part I, no. 346 of 20 May 2015, giving the texts a new numbering.
Law no. 14/2003 was also republished in the Official Gazette of Romania, Part I, no. 347 347 of 12 May 2014.
---------- + Chapter I General provisions + Article 1 Political parties are political associations of Romanian citizens with the right to vote, who freely participate in the formation and exercise of their political will, fulfilling a public mission guaranteed by the Constitution. They are legal persons governed by public law. + Article 2 Through their work, political parties promote national values and interests, political pluralism, contribute to the formation of public opinion, participate with candidates in elections and the constitution of public authorities and stimulate participation citizens to scrutinies, according to the law + Article 3 (1) Only political associations, established according to the law, and which advocate for the respect of national sovereignty, independence and unity of the state, territorial integrity, order of law, can function as political parties. and the principles of constitutional democracy. (2) Political parties that, by statute, programs, propaganda of ideas or by other activities they organize, violate the provisions of art. 30 30 para. ((7), art. 40 40 para. (2) or (4) of the Romanian Constitution, republished. (3) It is forbidden to affiliate political parties to organizations abroad, if this affiliation violates the values provided in par. ((1). (4) Political parties may not organize military or paramilitary activities or other activities prohibited by law. + Article 4 (1) Political parties can organize and operate at national level, at the local level or both at national and local level, according to their own status. (2) The establishment of structures of political parties after the criterion of employment, as well as the conduct of political activities at the level of economic operators or public institutions, are prohibited. (3) The conduct of political activities at the level of economic operators or public institutions is allowed, with their consent, only in the electoral campaign, under the law. (4) Political parties can organize their internal structures according to their own status. Internal structures can represent the political party towards third parties at the appropriate level, open accounts at the bank and respond to their management. + Article 5 (1) Each political party must have full name, abbreviated name and permanent sign of its own. The full name, the abbreviated name and the permanent sign must be clearly distinguished from those of the previously registered parties, being forbidden to use the same graphic symbols, whatever the geometric figure in which they are framed. (2) Provisions of para. ((1) shall also apply to political alliances, accordingly. (3) The full name and abbreviated name, as well as the permanent sign, may not reproduce or combine the national symbols of the Romanian state, other states, international bodies or religious cults. Except for political parties that are members of international political organizations, they can use the insignia of that organization as such or in a specific combination. (4) The permanent sign may be changed at least 6 months before the date of elections by the competent bodies of the party, according to the statute and in compliance with art. 25 25 and 26. + Chapter II Political party members + Article 6 They can be members of political parties who, according to the Constitution, have the right to vote. + Article 7 Political association cannot be part of the political parties to which the political association is prohibited by law. + Article 8 (1) A Romanian citizen cannot be part of two or more political parties at the same time. (2) The registration of a person in another political party constitutes a resignation from the party of which he was previously a member. (3) When registering in a political party any person is obliged to declare in writing, on his own responsibility, whether or not he has the membership of another political party. (4) Members of the organizations of citizens belonging to national minorities who enter candidates in elections may also be a political party, having the right to run under the law. (5) No person may be compelled to belong or to be part of a political party. (6) Acquiring or losing the membership of a political party does not create privileges or restrictions in the exercise of citizens ' rights. + Chapter III Organizing political parties + Article 9 Each political party must have its own political status and program. + Article 10 The status of the political party shall include: a) full name and abbreviated name; b) description of the permanent sign; c) permanent sign in black and white and color graphics, in the annex; d) the head office; e) the express mention that it pursues only political objectives; f) members ' rights and duties; g) disciplinary sanctions and procedures by which they may be applied to members; h) the procedure for choosing the executive bodies and their competences; i) the competence of the general meeting of the members or their delegates; j) the authorized bodies to present applications in local, parliamentary, parliamentary and presidential elections; k) the competent body to propose the reorganization of the party or to decide the association in a political alliance or in other forms of association; l) the conditions under which the activity ceases m) the way of administration of the patrimony and sources of financing, established under the law; n) the body representing the party in relations with public authorities and third parties; o) other mentions provided as mandatory in this law. + Article 11 The status and political program of the party must be presented in written form and approved by the bodies empowered by the statute. + Article 12 (1) Political parties may have as subdivisions territorial organizations, which have the minimum number of members provided by the statute. (2) Local bodies may represent the political party against third parties at the appropriate local level, open accounts with the bank and respond to their management. + Article 13 (1) The general assembly of members and the executive body, regardless of the name they have in the status of each party, are mandatory governing forums of the political party and of its eventual territorial organizations. The management of territorial organizations shall be chosen for a specified period, provided by the statute. (2) The Statute may also provide for other organs, with explicit attributions. + Article 14 (1) The general assembly of members of the political party or their delegates, at national level, is the supreme decision-making body of the party. Its meeting takes place at least once every 4 years. (2) For parties that opt for organizations both at national and local level, delegates to the assembly are chosen by territorial organizations, by secret ballot. (3) Other ways of representation of members of local organizations may be provided for in the status of parties. + Article 15 (1) For the settlement of disputes between members of a political party or between them and the leaders of the party organizations, arbitration commissions shall be constituted at the level of the party and its territorial organizations. (. Members of the arbitration panel shall be elected for a period of not more than 4 years. (3) The arbitration panel shall be organised and operated in accordance with a regulation approved by the statutory body, which shall provide the parties with the right to opinion and the right to defend themselves, as well as fair decision-making procedures. + Article 16 (1) The authorized bodies of the political party shall decide to receive members, under the conditions established by the statute, as a result of written applications submitted by the applicants. (2) Members have the right to resign from the party at any time, effective immediately. (3) *) The acquisition or loss of membership of a political party is subject only to the internal jurisdiction of that party, according to the party's statute. Note
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*) Constitutional Court, by Decision no. 530/2013 , published in the Official Gazette of Romania, Part I, no. 23 23 of 13 January 2014, found that the provisions art. 16 16 para. (3) of the Law on Political Parties no. 14/2003 , as amended, are unconstitutional.
---------- + Article 17 (1) The decisions of the political party and its territorial organizations shall be adopted by the majority vote provided in the statute. (2) The election of members of the political party and of the leaders of its territorial organizations shall be made by secret ballot (3) The Statute must provide for the right of each member to the political initiative and the possibility of examining it within an + Chapter IV Registering political parties + Article 18 (1) For the registration of a political party, the following documents shall be submitted to the a) the application for registration, signed by the head of the executive body of the political party and at least 2 founding members; b) the status of the party, drawn up according to 10 10; c) party program; d) the act of incorporation, signed by at least 3 founding members; e) a statement regarding the headquarters and the party's patrimony; f) proof of bank account opening. (2) The application for registration shall be displayed at the Bucharest Tribunal for 15 days. (3) Within 3 days from the date of filing of the application for registration, the notice of it shall be published by the applicant in a central newspaper of great circulation. + Article 19 (1) The list of signatures of the founding members must contain the name and surname, date of birth, address, type of identity document, series and number thereof, as well as signature. The founding members of a political party can only be citizens with the right to vote. (2) The list shall be accompanied by a declaration on his own responsibility of the person who prepared it, attesting the authenticity of the signatures, under the sanction provided in art. 326 of the Criminal Code. (3) The list must include at least 3 founding members. (4) The model of the list of signatures of the founding members and of the affidavit provided in par. ((2) are set out in the Annex which forms an integral part of this Law. + Article 20 (1) The Bucharest Court shall examine the application for registration of the political party in public sitting, with the participation of the representative of the (2) Interested natural or legal persons may intervene in the process, if they submit an application for intervention in their own interest, according to Law no. 134/2010 on the Code of Civil Procedure, republished. The request for intervention shall be communicated ex officio to the persons who have signed the application + Article 21 (1) The Bucharest Court shall rule on the application for registration of the political party no later than 15 days after the expiry of the term provided in art. 18 18 para. ((2). (2) Against the decision of the Bucharest Tribunal may appeal to the Bucharest Court of Appeal, within 5 days from the communication, the persons referred to in art. 18 18 para. ((1) lit. a), the Public Ministry or the persons provided in art. 20 20 para. ((2). (3) The Bucharest Court of Appeal will examine the appeal in public session, no later than 15 days after its registration. (4) The decision of the Bucharest Court of Appeal is final + Article 22 The political party acquires legal personality from the date of the final stay of the court's decision on the admission of the application + Article 23 Political parties whose applications for registration have been admitted shall be entered in the Register of Political Parties. + Article 24 (1) Political parties have the obligation to submit to the Bucharest Court: a) the documents certifying the conduct of general meetings, within 30 days from their date; b) the documents coming from the competent electoral authorities regarding the nomination of candidates in elections, within 30 days from the date of elections. (2) Submission of the documents provided in par. (1) at the Bucharest Court shall be recorded in the Register of Political Parties. + Article 25 ((1) The modification of the status or program of the political party may take place under the conditions provided by the (2) Any modification shall be communicated to the Bucharest Tribunal, within 30 days from the date of adoption, with the fulfillment of the provisions of art. 18 18 para. ((2) and (3). The Bucharest Court examines it according to the procedure provided for in 20 20 and 21. + Article 26 (1) If the changes are not communicated according to art. 25 25 para. (2) or if the court rejected the application for a declaration of amendment of the statute, and the political party concerned acts on the basis of the amended statute, the Public Ministry will request the Bucharest Tribunal to terminate the activity of the political its deletion from the Register of Political Parties. (2) Within 15 days from the registration of the request of the Public Ministry, the Bucharest Court will rule on it. (3) Against the judgment of the Bucharest Tribunal the interested party can appeal to the Bucharest Court of Appeal, within 5 days from the date of communication of the decision. (4) The Bucharest Court of Appeal shall rule by final decision within 15 days from the registration of the appeal. (5) The final decision to admit the amendment of the statute shall be published in the Official Gazette of Romania, Part IV. + Chapter V Political parties association + Article 27 (1) Political parties may associate themselves on the basis of an association protocol, constituting a political alliance. (2) In the protocol of association of political parties in a political alliance must be mentioned the full name and abbreviated name of the political alliance, as well as of the component political parties, the permanent sign of the alliance, the objectives of the alliance, the organization and decision-makers. (3) The provisions of art. 5 5 para. ((4) shall apply accordingly. (4) The permanent sign of the political alliance may be its own or it may be taken from one of the component political parties. + Article 28 (1) The following documents shall be submitted to the Bucharest Tribunal for registration of political alliances: a) the application for registration of the political alliance, signed by the executive heads of the political parties; b) the association protocol; c) full name and abbreviated name of the political alliance; d) description of the permanent sign; e) permanent sign in black and white and color graphics, in the annex to the protocol. (2) The procedure provided in art. 18 18 para. ((2) and (3) shall apply accordingly. + Article 29 (1) For political alliances, the provisions of art. 20 20-22 shall apply accordingly. (2) The political alliances whose applications for registration have been admitted shall be entered in the Register of political alliances. + Article 30 If the political alliance will present itself in elections with common lists, candidates must be part of a political party member of the alliance. + Article 31 (1) Political parties may also carry out other forms of association with non-political parties, legally constituted, with the aim of promoting common objectives. (2) In the protocol establishing the forms of association provided in par. (1) the name will be mentioned, the permanent sign-if applicable-, the allied organizations, the objectives of the association, the organization and the decision-makers and it will be submitted to the Bucharest Court, to be entered in the register of other forms of association of parties. + Article 32 Political parties of political alliances or other forms of association retain their legal personality and their own heritage. + Article 33 Any modification in the composition of the political alliance or in the association protocol shall be communicated to the Bucharest Court for registration, according to the provisions 27 27 and 28. + Article 34 The objectives of the political alliances, as well as their organization, must comply with the provisions of art. 2 and 3, except for participation with candidates in the election, which is optional. + Article 35 If none of the political parties participating in the elections have obtained an absolute majority in Parliament, political parties with parliamentary representation can constitute coalitions to ensure governance. The coalitions are not subject to registration and the establishment protocol will only contain provisions on ensuring governance and parliamentary support. + Chapter VI Reorganisation of political parties + Article 36 (1) The legally constituted political parties may proceed to reorganization. ((2) Reorganization may consist of merger, absorption or merger, or division, total or partial. + Article 37 (1) The merger of two or more legally constituted parties is carried out by the approval of the merger protocol by the supreme decision-making bodies of each party, provided in art. 14, at their joint meeting. (2) In the merger protocol will be mentioned, expressly, the ways of transferring the amounts, goods and contracts held by the merging parties, as well as the procedure for guaranteeing the continuity of the party members ' party Political merging. (3) In the merger protocol its character is established: by absorption or by merging. + Article 38 (1) In the situation of the merger by absorption, one of the political parties retains its legal personality, subrogating itself in the rights and obligations of the absorbed parties that cease their activity, including by cumulating their subsidies. The merger protocol will specify which party retains its legal personality, having as a consequence the preservation of the full name, abbreviated name, permanent and electoral sign, as well as the political program. (2) The merger protocol and, if applicable, the amendments to the status of the party that retain their legal personality shall be communicated, within 10 days from their adoption, to the Bucharest Tribunal, following the procedure provided for in art. 25 25 and 26. (3) The absorbed political parties will be removed from the Register of Political Parties. + Article 39 (1) Following the merger by merging certain political parties, a new political party, which is subrogated in the rights and obligations of the political parties that merged and which, within 10 days, must comply with the provisions of art. 18. (2) Full name, abbreviated name, permanent sign, electoral sign and political program of the new party may be new or may come from one or more of the parties participating in the merger. (3) The Bucharest Court will examine the documents submitted by the new political party-consisting of the merger merger, according to the provisions of art. 20-22. (4) As a result of the final decision of the court to register the new party resulting from the merger by merger, it will be entered in the Register of political parties, and the parties that have proceeded to merge will be deregistered. + Article 40 (1) A legally constituted political party may be divided by the decision of its supreme decision-making body, provided for in art. 14. ((2) Diving may be total or partial. (3) The registration of the party or parties resulting from the division is made according to the provisions of art. 18-21. (4) Any amendments to the status of the party that retain their legal personality shall be communicated, within 10 days from the division, to the Bucharest Tribunal, following the procedure provided for in art. 25 25 and 26. + Article 41 (1) The total division consists in dividing the entire patrimony of a political party which ceases its existence to two or more existing parties or which are thus born. (2) In the case of total division, by the decision of admission of the application for registration of the last party that thus takes the being will be ordered the deletion from the Register of political parties of the Bucharest Tribunal of the divided party. + Article 42 The partial division consists in the detachment of a part of the patrimony of a political party, which retains its legal personality, and the transmission of this party to one or more parties that exist or that are established in this way. + Chapter VII Cessation of political party activity + Article 43 A political party ceases its activity by: a) dissolution, by decision rendered by the Constitutional Court, for violation of art. 30 30 para. ((7) and art. 40 40 para. (2) and (4) of the Romanian Constitution, republished; b) dissolution, by decision delivered by the Bucharest Court; c) self-dissolution, determined by the competent bodies provided in the statute; d) reorganization, in the situations provided in art. 38 38 para. ((3), art. 39 39 para. ((4) or art. 41 41 para. ((2). + Article 44 The Constitutional Court decides on appeals that have as its object the constitutionality of a political party, according to art. 30 30 para. ((7), art. 40 40 para. ((2) and (4) and art. 146 lit. k) of the Romanian Constitution, republished, with the procedure established in Law no. 47/1992 on the organization and functioning of the Constitutional Court, republished, as amended. + Article 45 (1) A political party shall be dissolved by court under the following conditions: a) when the violation of art. 30 30 para. ((7) and art. 40 40 para. (2) and (4) of the Romanian Constitution, republished, by the Constitutional Court, as well as of art. 3 3 para. ((3) and (4) of this Law; b) when the purpose or activity of the political party has become illicit or contrary to public order; c) when the achievement of the political party's purpose is pursued by illicit means or contrary to public order d) when the party pursues a purpose other than that resulting from its status and political programme; e) following the inactivity found by the Bucharest Court according to art. 46 46 para. ((1); f) following the application of art. 26. (2) The request for dissolution shall be addressed to the Bucharest Tribunal by the Public Ministry and shall be resolved according to the rules of procedure established in art. 26 26 para. ((2)-(5). + Article 46 (1) The inactivity of a political party may be found in the following situations: a) has not held any general assembly for 5 years; b) has not nominated candidates, alone or in alliance, in two successive electoral campaigns, except for the presidential one, in at least 75 electoral districts in the case of local elections, namely a full list of candidates in at least one electoral district or candidates in at least 3 electoral districts, in the case of parliamentary elections. (2) For the political party in any of the situations referred to in par. (1), the Bucharest Court, at the request of the Public Ministry, will find the termination of its existence, in compliance with the procedural norms provided in 26 26 para. ((2)-(4). + Article 47 The documents regarding the self-dissolution of the political party shall be submitted, no later than 10 days, to the Bucharest Court, in order to deregister from the Register of Political Parties. + Article 48 After receiving the documents regarding the political parties that meet any of the situations provided in art. 43, the Bucharest Court will immediately proceed to remove them from the Register of Political Parties. + Chapter VIII Evidence of political parties and political alliances + Article 49 (1) The register of political parties is the legal instrument of record of political parties in Romania. (2) The institution entitled to operate in the Register of political parties is only the Bucharest Court. (3) Data from the Register of Political Parties shall be considered information of public interest. (4) The registration and deletion of political parties, operated in the Register of Political Parties, shall be published in the Official Gazette of Romania, Part I. + Article 50 (1) The register of political alliances is the legal instrument of evidence for political alliances. (2) The provisions of art. 49 49 para. ((2)-(4) shall apply accordingly. + Chapter IX Transitional and final provisions + Article 51 The political parties existing on the date of entry into force of this Law shall continue to operate on the basis of the legal acts of registration valid on the date + Article 52 (1) The full name and abbreviated name of a legally registered political party, as well as the permanent signs used by him, since 1990, belong to him by law, if he has used them first, and cannot be appropriated or used by other Subsequently registered political parties. (2) In the sense of the present law, the phrase permanent sign replaces the phrase of the party, used in Political parties law no. 27/1996 . ((3) Provisions of para. (1) shall also apply to political alliances. + Article 53 Organizations of citizens belonging to national minorities participating in elections shall be duly applied the provisions of this law, except art. 6 6, art. 10 lit. e), art. 12 12 para. ((1), art. 18, 19, art. 45 45 para. ((1) lit. e), art. 46 46 and art. 51. + Article 54 Citizens of the European Union who do not hold Romanian citizenship and are domiciled in Romania have the right to associate in political parties or to register in political parties under the same conditions as Romanian citizens. + Article 55 Political parties law no. 27/1996 , published in the Official Gazette of Romania, Part I, no. 87 of 29 April 1996, as amended, shall be repealed, with the exception of the head. VI*)-Finances of political parties. Note
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* *) Chapter VI of Law no. 27/1996 has been repealed by Law no. 43/2003 on the financing of the activity of political parties and electoral campaigns, repealed by Law no. 334/2006 on the financing of the activity of political parties and electoral campaigns, republished in the Official Gazette of Romania, Part I, no. 510 510 of 22 July 2010, with subsequent amendments and completions.
---------- + Annex Model List of Founding Members Signatures/List of signatures the founding members for political party ...................... *) Note
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*) The name of the political party is
---------- Locality ............................ County ................................ ┌ ---- [...] [...] [...] [...] [...] [...] [...] | | No. | Signature | Name and surname | Date of birth | Address | Identity Act | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Type | Series | Number | ├ ---- [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | ├ ---- [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | ├ ---- [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | ├ ---- [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | └ ---- [...] [...] [...] [...] [...] [...] [...] [...] Done by ...................... * *) Note
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**) The name and surname of the person who compiled the list shall be entered
---------- Declaration The undersigned, ....../ (name and surname) ...................., domiciled in ............................, born on ....................., in the municipality/city/municipality ............................., county ........................., owner of C.I. (B.I.) series ........ no. ....................., I declare on my own responsibility that all the signatures contained in this list, which has a number of ......... positions, are authentic. NOTE: The list is public act and is under art. 326 of the Criminal Code. -----