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Law No. 96 Of 21 April 2006 (Republished) On The Status Of Deputies And Senators)

Original Language Title:  LEGE nr. 96 din 21 aprilie 2006 (*republicată*) privind Statutul deputaţilor şi al senatorilor*)

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LEGE no. 96 96 of 21 April 2006 (* republished *) on the Statute of Members and Senators *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 49 49 of 22 January 2016



Note
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* *) Republicated pursuant to art. V of Law no. 357/2015 for completion Law no. 96/2006 on the Statute of Members and Senators, published in the Official Gazette of Romania, Part I, no. 975 of 29 December 2015, giving the texts a new numbering.
Law no. 96/2006 was also republished in the Official Gazette of Romania, Part I, no. 353 353 of 22 May 2015 and has been amended by Law no. 356/2015 for amendment art. 45 45 of Law no. 96/2006 on the Statute of Members and Senators, published in the Official Gazette of Romania, Part I, no. 975 975 of 29 December 2015.
---------- + Chapter I General principles + Article 1 Representative mandate (1) The deputies and senators are elected representatives of the Romanian people, through which he exercises his sovereignty, under the conditions provided by the Constitution and the laws of the country. (2) In the exercise of the mandate the deputies and senators are serving the people (3) Any imperative mandate is null. + Chapter II Validation and mandate regime + Article 2 Validation procedure (1) Deputies and senators shall enter into office on the date of the legal meeting of the Chamber to which they belong, subject to the validation of the election and the swearing-in. (2) The validation of the mandate of deputy or senator shall be made in accordance with the provisions of the regulation of each + Article 3 Vow (1) After the legal constitution of the Chamber of Deputies and the Senate, each deputy and each senator shall submit before the plenary of the Chamber of which he is a party, meeting in the solemn sitting, the oath of allegiance to the country and the people: " I swear allegiance to my homeland Romania; I swear to respect the Constitution and laws of I swear to defend democracy, fundamental rights and freedoms of citizens, sovereignty, independence, unity and territorial integrity of Romania; I swear to fulfill with honor and fidelity the mandate entrusted by the people So help me God. " (2) The oath of allegiance may also be filed without the religious formula, which is replaced by the formula: "" I swear by honor and conscience " And this prefaces the oath. (3) The written oath shall be delivered solemnly, shall be signed by each Member or Senator and shall be entrusted to the President of the Chamber. (4) The refusal to take the oath of allegiance shall entail the invalidation of the mandate, which the Chamber shall take note of. (5) Deputies and senators elected as a result of holding partial elections to fill vacated seats during a legislature will take the oath of allegiance after validating the mandates, according to the same procedure and the same legal consequences. + Article 4 Declaration of assets and declaration of interests (1) After the legal meeting of the Chambers and the validation of the mandate, each deputy and each senator is obliged to submit the declaration of wealth and the declaration of interests, according to the law. (2) Deputies and senators elected as a result of the organization of partial elections are required to submit the declaration of wealth and declaration of interests at the beginning of the mandate and after validation, according to the law. (3) Deputies and senators are required to submit their declaration of assets and declaration of interests and termination of office, including if it takes place ahead of schedule. (4) The declaration of assets and the declaration of interests shall be completed in person, dated, signed and submitted to the person designated for this purpose by the Secretary-General of the Chamber of Deputies or the Senate, who shall issue the proof of receipt. (5) The declaration of assets and the declaration of interests shall be published on the website of the Chamber of Deputies and the Senate, respectively, according to the law. (6) Deputies and senators are required to update the declaration of wealth and declaration of interests annually, under the law. + Article 5 Badge and distinctive insignia (1) After the legal constitution of each Chamber, the deputies and senators shall be issued the card of the member of the Chamber, signed by its chairman. (2) Deputies and senators receive a distinctive insignia of their quality of representatives of the people, with the right to bear it throughout the term of office. (3) The model of the meaning shall be established by the Permanent Bureau of each Chamber, and the expenses for its manufacture shall be ensured from the budget of each + Article 6 Mandate duration The term of office of deputy or senator shall be equal to the term of office of the Chamber to which it belongs, unless the mandate ceases from other causes provided for by the Constitution and the present law, before the deadline. + Article 7 Mandate termination (1) The quality of deputy or senator shall cease: a) on the date of the legal meeting of the newly-chosen Chambers; b) in case of resignation, from the date mentioned in its contents, submitted to the Permanent Bureau of the Chamber from which the Member or Senator belongs; c) in case of loss of electoral rights, from the date of final stay of the court decision ordering the loss of these rights; d) in case of death, from the date recorded in the death certificate; e) in case of incompatibility. ((2) The termination of the mandate of deputy or senator due to incompatibility takes place: a) on the date mentioned in the resignation for incompatibility, submitted to the Permanent Bureau of the Chamber from which the Member or Senator belongs; b) on the date of adoption of a decision of the Chamber from which the MP or Senator is a party, finding the state of incompatibility; c) on the date of final stay of the court decision rejecting the appeal to the report of the National Integrity Agency finding the incompatibility; d) on expiry of the Law no. 176/2010 on the integrity in the exercise of public functions and dignities, amending and supplementing Law no. 144/2007 on the establishment, organization and functioning of the National Integrity Agency, as well as for the modification and completion of other normative acts, as amended, from the date of the taking to the attention of the Agency's evaluation report National Integrity, if in this term the MP or senator did not challenge the report to the administrative court. The taking to the attention is made by communicating the report of the National Integrity Agency, under the signature of receipt, to the Member or Senator concerned, if they refuse to receive, by the notice made by the sitting president in the Chamber of which he is a member. (3) If the Member or the Senator has submitted his resignation, the President, in the first public sitting of the plenum of that Chamber, asks the Member or the Senator whether he or she is to resign and, if he or she responds in the affirmative or does not appear in the The plenary session to reply, the president takes note of resignation and submits to the vote of the plenary of the Chamber of which the adoption of the decision vacating the seat of deputy or senator is part. (4) In the cases provided in par. ((1) lit. c) and d), as well as in the cases provided in par. ((2) lit. c) and d), the President of the Chamber takes note of the situation of termination of the mandate of deputy or senator and submits to the vote of the plenary of the Chamber of which the adoption of the decision vacating the seat of deputy or senator is part. (5) The decisions to vacate the place of deputy or senator, provided in par. ((3) and (4), shall be published in the Official Gazette of Romania, Part I. (6) The mandate of deputy or senator shall be extended by right if the mandate of the Chamber of which it is part is extended by right in accordance with the provisions of art. 63 63 para. (1) and (4) of the Romanian Constitution, republished. + Article 8 Legal regime (1) The mandate of deputy or senator shall be subject to the legal regime provided by the Constitution and by this law, supplemented by the provisions of the regulations of the Houses of Parliament (2) The mandate of deputy or senator cannot be interrupted, suspended or revoked. + Article 9 Organizing parliamentary activity (1) The activity of the deputies and senators, as well as the organization and functioning of each Chamber, shall be established by In order to ensure the exercise of the mandate of the deputies and senators, the financial resources related to the activity of each Chamber are provided in their own budget, which each Chamber adopts (2) Deputies and senators shall constitute standing committees and may establish commissions of inquiry or other special commissions, under the conditions laid down by the regulations. The rooms can be joint commissions, friendship groups with other parliaments and delegations of the Romanian Parliament at the parliamentary assemblies of European or international character. The conditions of incorporation, the objectives of the activity and the working procedures of the commissions shall be established in the regulation of each Chamber and in the Rules of Joint Activities of the Chamber of Deputies and the Senate or the investigation. + Chapter III Principles and rules of parliamentary conduct + Article 10 National interest principle The deputies and senators have the duty to act in the interest of the entire nation and the inhabitants of the electoral districts they represent, namely the citizens belonging to the national minorities, whom they represent. + Article 11 Principle of legality and good faith (1) Deputies and senators, in their capacity as elected representatives of the Romanian people, perform their duties and exercise their rights in accordance with the Constitution, the laws of the country and the regulations of the Chamber of Deputies and the Senate, throughout the the mandate they hold. (2) Deputies and senators are prohibited from assuming financial or other financial obligations towards natural or legal persons, aimed at influencing the exercise of their mandate in good faith, according to their own conscience. + Article 12 Transparency principle (1) Deputies and senators must show transparency in parliamentary work. (2) Deputies and senators have the obligation to maintain a permanent dialogue with citizens on the issues that interest them and resulting from the assumption and exercise of the parliamentary mandate. + Article 13 Fidelity principle Deputies and senators are obliged to show during the exercise of their loyalty to Romania and people and respect for people. + Article 14 Compliance with regulations (1) Deputies and senators are obliged to comply with the provisions of the regulations, to obey the norms of civilized conduct, courtesy and parliamentary discipline and not to have attitudes or to use abusive words or words, offensive, discriminatory or slanderous. (2) The committees of the Chamber of Deputies and the Senate that have the competence to analyze the issues of parliamentary discipline shall develop, in joint session, the draft Code of Conduct of Deputies and Senators and submit it to the permanent offices meeting of the Chamber of Deputies and the Senate, in order to register on the agenda of the plenary of the two Chambers. (3) The Code of Conduct of Deputies and Senators shall be adopted by decision, in joint session of the Chamber of Deputies and the Senate, with the vote of the majority of members + Chapter IV Incompatibilities, prohibitions and conflict of interest + Article 15 Principles of a general nature (1) No person may at the same time be an MP and senator. (2) The quality of deputy or senator is incompatible with the membership of the European Parliament. (3) The quality of deputy or senator is incompatible with the exercise of any public office of authority, except for the member of the Government. + Article 16 Incompatibilities (1) The quality of the deputy or senator is incompatible with the public functions of authority provided for in art. 81 81 para. ((2) of Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignity, public functions and in the business environment, prevention and sanctioning of corruption, with subsequent amendments and completions, as well as with situations of incompatibility of the provisions of art. 82 ^ 1 of the same law. (2) The quality of the deputy or senator is also incompatible with: a) the position of chairman, vice-president, general manager, director, administrator, member of the board of directors or censor at the companies regulated by Company law no. 31/1990 , republished, with subsequent amendments and completions, including banks or other credit institutions, insurance/reinsurance companies and financial institutions, as well as at public institutions; b) the position of chairman or secretary of general meetings of shareholders or associates at companies regulated by Law no. 31/1990 , republished, with subsequent amendments and completions, provided in lett. a); c) the position of state representative in the general meetings of the companies regulated by Law no. 31/1990 , republished, with subsequent amendments and completions, provided in lett. a); d) the position of manager or member of the boards of autonomous regions, companies and national companies; e) the quality of the individual trader; f) membership of a group of economic interest; g) a public office entrusted by a foreign state, except for those functions provided for in the agreements and conventions to which Romania is a party; h) the position of President, Vice-President, Secretary and Treasurer of Trade Union Federations and Confederations. (3) The quality of deputy or senator is incompatible with the functions and activities of persons who, according to their status, cannot be part of political parties. (4) The provisions of par. (3) does not apply to representatives of citizens ' organizations belonging to national minorities for which the prohibition on being part of political parties in their own status is provided. (5) Other incompatibilities with the status of deputy or senator can be established only by organic law. + Article 17 Procedure for declaration of incompatibility (1) The deputy or senator who, at the time of entry into the term of office, is in one of the situations of incompatibility provided for in this Statute or in other special laws has a period of 15 days to notify the Office Permanent of the House to which it belongs to its state of incompatibility. After the expiry of this term, the MP or senator will opt, within 30 days, between the mandate of deputy or senator and the function or the incompatible functions, resigning according to his option. The resignation of the MP or the senator shall be brought to the attention of the Permanent Bureau of the Chamber of which he (2) The deputy or senator who did not express the option according to the provisions of ((1) remains in a state of incompatibility. The permanent office of the Chamber to which it is a party shall refer the matter to the committee which has jurisdiction to analyse the situations of incompatibility with a view to drawing up a report within 15 days of the referral. The competent committee requests the point of view of the National Integrity Agency, which will respond to the request within 5 days. The committee's report is submitted to the Permanent Bureau of the Chamber of Deputies or the Senate, which will inform the MP or Senator in question and submit in the first meeting of the House plenary of which a draft decision of finding the state of incompatibility and termination of the mandate. (3) The deputy or senator in a state of incompatibility occurred during the term of office shall inform the Permanent Bureau of the Chamber of which this situation is part, in writing, no later than 15 days after the date of Its intervention. At the end of the 30-day period from notification, the provisions of par. ((2) shall apply accordingly. (4) The deputy or senator may address the permanent office of the Chamber to which he belongs, in order to clarify a possible personal state of incompatibility. The Permanent Bureau shall submit the request to the Commission which has the power to review the incompatibility situations, with a view to drawing up a report within 15 days of the referral. If from the commission's report there is a state of incompatibility, the MP or senator has the obligation that within 30 days to opt between the status of deputy or senator and the function or incompatible functions. Provisions of para. ((2) shall apply accordingly. (5) The provisions regarding the declaration of the state of incompatibility provided in par. ((1)-(4) shall be duly completed with those of the Regulation of each Chamber as well as those of Law no. 144/2007 on the establishment, organization and functioning of the National Integrity Agency, republished, with subsequent amendments and completions, and of Law no. 176/2010 ,, as amended. (6) If the National Integrity Agency has completed an evaluation report on the existence of an incompatibility of an MP or senator, the evaluation report shall be communicated within 5 days of the completion of the person concerned, as well as the Chamber to which it belongs, in accordance with art. 21 21 para. ((4) of Law no. 176/2010 ,, as amended. The permanent office of the Chamber to which the person concerned is a member shall notify it of urgency, providing him with a copy of the report. + Article 18 Advertising ban It is forbidden to use the name accompanied by the status of deputy or senator in any advertising action regarding any company regulated by Law no. 31/1990 , republished, with subsequent amendments and completions, financial or industrial or other such for profit. + Article 19 Conflict of interest (1) The right of the MP or senator to violate the conflict of interest law constitutes disciplinary misconduct and is sanctioned with the reduction of the allowance by 10% for a maximum period of 3 months. The sanction applies by the Permanent Bureau of the Chamber to which the MP or Senator belongs. ((2) The Deputy or Senator is in conflict of interest at the expiry of the term provided for Law no. 176/2010 , as amended, from the date of taking to the attention of the evaluation report of the National Integrity Agency, if within this period the MP or senator did not contest the report to the administrative court. is made by the communication of the report of the National Integrity Agency, under the signature of receipt, to the MP or senator concerned or, if he refuses the receipt, by the announcement made by the sitting president in the Chamber of which it's part ((3) If the National Integrity Agency has completed an evaluation report on the existence of a conflict of interest of an MP or senator, the evaluation report shall be communicated within 5 days from the completion of the person concerned, as well as the Chamber to which it belongs, in accordance with art. 21 21 para. ((4) of Law no. 176/2010 ,, as amended. The permanent office of the Chamber to which the person concerned is a member shall notify it of urgency, providing him with a copy of the report. + Chapter V Parliamentary immunity + Article 20 Immunity purpose (1) Parliamentary immunity is the set of legal provisions that ensure that Members and Senators have a derogatory legal regime from the common law in their relations with the judiciary and in order to guarantee their independence. (2) Parliamentary immunity is directly and inextricably linked to the mandate of deputy or senator. + Article 21 Immunity (1) Parliamentary immunity is not susceptible to suspension or interruption and may not be waived. Parliamentary immunity is imperative and public order. (2) Parliamentary immunity may be lifted only by the Chamber from which the MP or Senator is a party, in accordance with the provisions of art. 72 of the Constitution, republished, and according to the procedure provided by the regulation of each (3) The parliamentary immunity begins with the validation of the mandate of deputy or senator and ceases at the end of the mandate, in the cases and under the conditions provided by the Constitution and the present law. + Article 22 Immunity for political opinions Deputies and senators cannot be held legally liable for votes or political opinions expressed in the exercise of their mandate. + Article 23 The regime in criminal proceedings (1) Deputies and senators may be prosecuted and brought to trial for acts not related to votes or political opinions expressed in the exercise of their mandate, but cannot be searched, detained or remanded in custody or at trial. domicile without the consent of the Chamber to which they belong and without proceeding to their obedience. (2) The prosecution and prosecution can only be made by the Prosecutor's Office of the High Court of Cassation and Justice. The jurisdiction of the High Court of Cassation and Justice. (3) Deputies and senators may be called before the prosecution body or the court as a witness. If they are required to testify on facts or information that they have become aware of in the exercise of their mandate and which are classified, the testimony will be filed under the conditions Law no. 182/2002 on the protection of classified information, with subsequent amendments and completions, and with the information of the Permanent Bureau of the Chamber of which I + Article 24 Procedure in case of detention, arrest or search (1) The request for the detention, arrest or search of the MP's deputy or the senator addresses the President of the Chamber to which he belongs to the Minister of Justice (2) The President of the Chamber to which the Member State is a member shall immediately inform the Permanent Bureau, after which it shall send it to the respective Legal Committee, which shall draw up a report within 3 days. The decision of the Legal Commission shall be adopted by the secret vote of the (3) The request of the Minister of Justice, accompanied by the report of the Legal Committee, shall be submitted for debate and adoption to the plenum of the Chamber to which the MP or Senator belongs, within 5 days of the submission (4) The Chamber shall decide on the request with the secret ballot of the majority of the members present, under the conditions of 67 of the Romanian Constitution, republished. The decision of the Chamber shall be published in the Official Gazette of Romania, Part I, and shall be communicated at the time ((5) As the Parliament finds itself on holiday, the President of the Chamber shall take the necessary measures to comply with the deadlines provided for in this Article + Article 25 Authority protection (1) During the exercise of the parliamentary mandate, the deputies and senators are carriers of the state public authority, the provisions of art. 257 of the Criminal Code applying accordingly. (2) Criminal legal protection provided in par. ((1) shall also apply after the termination of the mandate if the facts are committed in connection with its exercise. + Article 26 Mobilisation or concentration regime During the exercise of the parliamentary mandate, MPs and senators cannot be focused or mobilized. + Chapter VI Obligations of Members and Senators + Article 27 Source of obligations The fundamental duties and main obligations of the deputies and senators are those arising from the Constitution, the law, the present statute and the regulations. + Article 28 Attending the meeting (1) The participation in the works of the Chamber to which I belong represents for Members and Senators a legal, moral and regulatory obligation. (2) The deputy or senator may request in writing to the leader of the parliamentary group to which the permission is to be absent from the works of the Chamber for the resolution of issues related to the exercise of his or her personal. (3) If the Member or Senator is absent from the works of the Chamber due to the occurrence of unforeseen circumstances, he may address in writing to the Permanent Bureau to request the reasons for such absences. (4) The Member or Senator who: a) is member of the Government; b) participate in activities established by the decision of the Permanent Offices of the two Chambers or of the Permanent Bureau of the Chamber of which it is part of the invitation of the Government or the President of Romania c) is on sick leave; d) has approved the motivation of the absence by the group leader or by the Permanent Bureau, as the case may be. (5) The names of the non-motivated deputies and senators from the works of each Chamber, as well as from the standing committees will be published on their websites, monthly, according to the procedure established by the regulation of each Chamber. + Article 29 Sanctioning for unmotivated absences (1) Non-participation in at least one parliamentary activity carried out in the seat of the Chamber of Deputies or the Senate, as the case may be, within the program and agenda approved by the Permanent Bureau, shall be deemed absent unmotivated and shall have as a consequence the retention of 1% of the gross monthly allowance of the MP or senator, except for the reasons for absences in accordance with the provisions of art. 28 28 para. ((2) and (3). (2) The Regulations of the Chambers shall establish the procedures to be followed for the execution of the provisions of this Article, including the granting of leave with payment of money rights, which may not be more than 8 days during a session and approved by President of the House for up to 4 days and the Permanent Bureau of the Chamber for those over 4 days. + Chapter VII Rights of Members and Senators in Office + Article 30 Sphere and significance (1) The rights and freedoms arising from the mandate of deputy or senator are specific to this public dignity and are based on the general rights and freedoms of the citizen, supplemented with what specifically involves the exercise of mandate. (2) The rights, freedoms, as well as the obligations of the MP or senator are political and patrimonial; through their exercise the political content of the mandate is carried out, as well as the strategy of the mandate protection measures and the holder it. + Article 31 Right to be elected in parliamentary structures (1) Deputies and senators shall, on a mandatory basis, be part of a permanent committee of the respective Chamber, with the exceptions provided for by the regulation of the Chamber of Deputies or the Senate or by decisions of their permanent offices. (2) Deputies and senators are entitled to be members and be elected, under the terms of the Regulation, to the Permanent Bureau of the Chamber to which they belong, in the direction of a standing committee, in the direction of a parliamentary group, in charge of a committee Special times of a commission of inquiry. (3) Deputies and senators are entitled to be members and be elected to the management of the joint committees of the two Chambers, in commissions of inquiry or other special joint committees, in friendship groups with other parliaments and in delegates of Parliament. Romania at the parliamentary assemblies of European or international character. + Article 32 Right to choose the governing bodies (1) Deputies and senators have the right to elect their representatives in the management structures of the Chamber to which they belong. (2) The procedure for electing deputies and senators in the management structures shall be carried out in accordance with the provisions of the regulations of the two Chambers. ((3) The loss of political support by the deputy or senator shall entail the termination of the status of holder of any office obtained by political support. + Article 33 Right of association in the parliamentary group (1) Deputies and senators may be held in parliamentary groups, according to the regulation of each Chamber. (2) Parliamentary groups may be made of deputies, respectively senators, who have run in elections from the same political party, of the same political party or political alliances, electoral alliances or from deputies or senators who have candidate as independents and have been chosen. (3) The deputies representing the citizens ' organizations belonging to the national minorities, which obtained the mandate of deputy in accordance with the provisions of the law and of the Romanian Constitution, may constitute a single parliamentary group. ((4) Deputies or senators who leave the parliamentary group to which they belong in accordance with par. ((1) become unaffiliated deputies or senators, if they do not affiliate with another parliamentary group. The remaining unaffiliated deputies and senators cannot constitute parliamentary groups. + Article 34 Specific political rights The main political rights of Members and Senators as well as their correlative obligations are as follows: a) the right to legislative initiative; b) the right to initiate and support simple motions or censorship; c) the right to initiate and support decisions of the Chamber, in any matter of its competence; d) the right to make political statements, to ask questions, to make interpellations and other such interventions; e) the right to request the meeting in extraordinary session of the Chamber or its working structures; f) the right to notify the Constitutional Court, according to art. 146 lit. a)-c) of the Constitution, republished; g) the right to request the suspension from office or the indictment of the President of Romania, under the conditions of art. 95 and 96 of the Constitution, republished; h) the right to ask for the prosecution of members of the Government, under the conditions of art. 109 of the Constitution, republished; i) the right of parliamentary control in all forms of its exercise, in the regulation provided by law and parliamentary regulations; j) right to the word, freedom of expression and the right to vote. + Article 35 Ways of exercising (1) The rights may be exercised individually, by parliamentary groups or by the number of parliamentarians established by the Constitution, according to their legal nature. (2) The rights and freedoms shall be exercised within the limits of the constitutional and legal content of the mandate of deputy or senator and only in the forms and with the procedure provided for in the regulation of each Chamber and in the Regulation Chamber of Deputies and Senate. (3) Deputies and senators may exercise functions or activities in the field of teaching, scientific research or intellectual creation, as well as in other areas established by law. + Chapter VIII Participation of Members and Senators in activities related to the European Union + Article 36 (1) Members and senators shall examine draft legislative acts and consultative documents of the European Union on the basis of constitutional rights concerning parliamentary control over the work of the Government and of the constituent treaties of the Union European. (2) Deputies and senators participate in the implementation of the principle of representative democracy, stipulated in art. 10 of the Treaty on European Union (TEU), by exercising parliamentary control over the Government's work in the field of European affairs. ((3) Members and senators shall actively contribute to the proper functioning of the European Union, pursuant to art. 12 of the TEU, of Protocol 1 to the Treaty of Lisbon on the role of national parliaments in the European Union and of Protocol 2 to the Treaty of Lisbon on the application of the principles of subsidiarity and proportionality, by participating in political dialogue with the institutions of the European Union-European Commission, European Parliament, Council. (4) The activity of deputies and senators in the field of European affairs is carried out in accordance with the legislation on cooperation between Parliament and Government in the field of European affairs, and the Senate and the two-chamber regulations. + Chapter IX Exercising the mandate in the electoral district + Article 37 In the activity of electoral constituencies MPs and senators have the rights and fulfil the obligations involved in the legal exercise of the parliamentary mandate, duly adapted to the specific nature and forms of this Territory activities. + Article 38 Parliamentary offices of Members and Senators (1) For the purpose of exercising the mandate in electoral districts, deputies and senators shall be granted monthly a lump sum of the budget of the Chamber of Deputies and the Senate, respectively, for expenses of organization and functioning of offices parliamentary. The amount of the amount is determined by the decision of the permanent permanent offices of the two Chambers *), depending on the budgetary resources, but not less than an allowance and half gross of the MP, respectively of the senator. Note
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* *) See Decision of the permanent offices of the Chamber of Deputies and Senate 5/2013 for the approval of the Rules on the use and justification of the lump sum for expenses of organization and functioning of parliamentary offices, published in the Official Gazette of Romania, Part I, no. 419 419 of 10 July 2013.
---------- (2) Within the amount provided in par. (1), deputies and senators may organize, separately or by association, parliamentary offices, as a rule, in the electoral districts in which they were elected. (3) Deputies representing the organizations of citizens belonging to national minorities, elected at national level, can organize parliamentary offices anywhere on the territory of Romania, within the limits of the amount provided in par. ((1). Other parliamentarians may organize, under the same conditions provided in par. (1), parliamentary offices, at the request of political parties from which they ran, with the approval of the Permanent Bureau of the Chamber of Deputies or, as the case may be, (4) Deputies and senators elected in the electoral district for Romanians residing outside Romania may organize parliamentary offices outside the country, in compliance with the legislation of that state, or in Romania, with the approval of the Permanent Bureau of the Chamber of Deputies, respectively of the Senate, within the amount provided in par. ((1). (5) If the premises required for parliamentary offices cannot be provided by the local government authorities, they may be rented from other legal or natural persons. (6) The spaces for parliamentary offices cannot be rented in real estate owned by deputies or senators, members of their families or relatives until the third degree. The prohibition is also applicable to those spaces in the patrimony of companies governed by Law no. 31/1990 , republished, with subsequent amendments and completions, to which deputies or senators, family members or their relatives are associates or shareholders. (7) In the spaces provided in par. (6) parliamentary offices may be held only if these spaces are made available free of charge. ((8) The rent related to the premises, the maintenance expenses, the money rights of persons employed at the parliamentary offices of the deputies and senators and other expenses related to the exercise of the mandate shall be ensured from the lump sum for expenses of organization and functioning of parliamentary offices allocated to the MP or senator. (9) The employment of the staff of parliamentary offices of deputies and senators shall be made by the conclusion of a contract of work or of a civil convention, both for a determined duration. In the case of employment on the basis of a employment contract, the employment of the employees is made on the proposal of the MP or the senator concerned, and in the case of the civil convention, it ends between the MP or the senator in question and the individual. (10) When hiring the staff of the parliamentary offices, the nomenclature of the functions provided for in the decision approving the rules on the use and justification of the lump sum related to the expenses made by the deputies senators for parliamentary offices. (11) Members of the family of the MP or senator or his/her relatives until the third degree cannot be employed at that parliamentary office. ((12) Employees with employment contract or civil convention of a parliamentary office may be rehired in the parliamentary office of the same deputy or senator and in the new mandate, in case of his re-election. (13) The manner of use and justification of the lump sum for expenses of organization and functioning of parliamentary offices, allocated to the MP or senator, shall be determined by decision of the permanent permanent offices of the two Chambers, which shall be published in the Official Gazette of Romania, Part I. + Article 39 Relations with citizens (1) Deputies and senators organize within the parliamentary offices of the electoral district specific activities of public relations and audiences granted to citizens. (2) Deputies and senators may grant audiences to citizens in other electoral districts than those in which they were elected, within other parliamentary offices, at the request of their holders, or in other appropriate public spaces. (3) Deputies and senators may address in writing, through parliamentary offices, central and local public administration bodies, to transmit or inform the requests and petitions of citizens of the constituencies. election in which they were elected, in order to resolve, in accordance with the legal provisions, their problems or to obtain public information necessary for the exercise of the mandate. (4) The bodies of the central and local public administration shall be obliged to respond within 30 days from the receipt of written requests of the deputies and senators. + Article 40 Obligations of central and local public authorities (1) County Councils, prefectures, local councils of municipalities/city of Bucharest, as well as other central and local public administration authorities, at the request of deputies or senators, as well as The permanent office of the Chamber of which they belong, shall provide the deputies and senators with spaces for the organization and functioning of their parliamentary offices. (2) Maintenance and administration expenses related to the premises provided according to par. (1) will be borne by the MP or senator from the lump sum allocated for the organization and functioning of the parliamentary office or from his own income. (3) The county councils, the prefectures, the mayors of the county seat municipalities, as well as the other central and local public administration authorities can provide the parliamentary offices of the deputies and senators, within the limit possibilities, fixed assets necessary for the proper conduct of the activity of parliamentary offices, through loan for use or rental. (4) The General Secretariat of the Chamber of Deputies, respectively of the Senate, by the decision of the permanent offices, depending on the allocated budgetary resources, may provide the deputies or senators with fixed means, inventory items or services, necessary for the effective exercise of the mandate. (5) The expenses for domestic mail and telecommunications fees, made by deputies and senators in the exercise of the mandate, shall be settled by the General Secretariat of the Chamber of Deputies, respectively of the Senate, up to the limit set by Permanent office of each Chamber, depending on the budgetary provisions. (6) The decentralized and devolved services of ministries and central regulators are obliged to support through the specific means of their work the legal organization and functioning of the parliamentary offices of deputies and senators, as well as their work. + Article 41 Travel allowance and accommodation expenses (1) Deputies and senators present at the works of the Parliament, who do not have their domicile in Bucharest or Ilfov county, receive a daily allowance of 2% of the gross monthly allowance provided for the deputy or senator. (2) Deputies and senators who do not have their domicile in Bucharest or Ilfov county are granted monthly, during the term of office, on the basis of self-declaration representing justifying document, a lump sum of the budget The Chamber of Deputies and the Senate, respectively, to cover the expenses of accommodation in Bucharest. The amount of the amount is determined by the decision of the permanent permanent offices of the two Chambers, depending on the budgetary resources, but not less than half of the gross allowance of the MP, respectively of the senator. (3) The daily allowance provided in par. (1) and the right of settlement of accommodation in the territory, in tourist reception units with classification of no more than 4 stars, or of compensation of accommodation expenses by granting 2% of the gross monthly allowance for each night benefit members or senators who: a) make trips to the country from the commission of the President of the Chamber of Deputies or the Senate, the permanent offices of the two Chambers, the offices of the standing committees or the leaders of the parliamentary groups b) do not reside in the electoral districts in which they were elected, during the trip to these constituencies, in order to carry out the activities related to the conduct of the mandate; c) deputies representing the organizations of citizens belonging to national minorities, who travel to other localities in the country, outside the home, for activities related to the exercise of their mandate. (4) Deputies and senators who travel during the parliamentary holidays within the electoral districts in which they were elected, other than those in which they are domiciled, or in Bucharest, for the performance of tasks related to the exercise the mandate, benefits from the travel allowance and accommodation according to par. (1)-(3), within the number of days established by the Permanent Bureau of the Chamber of Deputies, respectively by the Permanent Bureau of the Senate. + Chapter X Other property rights of Members and Senators + Article 42 Entitlement to indemnity (1) Deputies and senators shall receive, during the exercise of their parliamentary term, a monthly allowance, established by law. (. The allowance shall be received by each parliamentarian from the date of entry into the term of office, subject to validation, and until the date of termination of the mandate. (3) The monthly allowance has the legal regime provided by law for salary, with the discounts and increases provided by law, by the regulations of the two Chambers and by normative acts issued in law enforcement. (4) Monthly allowances are taxable under the law. They will be updated, in the same percentages, with the salary indexations granted to staff in the budget system or by other legal provisions. (5) During the period of detention or preventive arrest payment of the indemnity of the MP or senator, as well as the payment of the other rights shall be suspended, except for the lump sum allocated to the The suspended rights, related to the period of detention or preventive arrest, will be paid if by a final court decision the acquittal of that deputy or senator is pronounced. (6) The monthly allowance of deputies and senators shall be cumulated with the pension or other income and shall be subject to income tax, according to the law. + Article 43 Members of the Government (1) Deputies and senators may be appointed members of the Government and may be removed from these positions in accordance with the provisions of the Constitution and the laws in force. (2) The deputies and senators who hold the position of member of the Government, during the period of its exercise, shall apply, in respect of pay, the legal provisions on the system of establishment of basic salaries in the budgetary sector and of allowances for persons occupying positions of public dignity. + Article 44 Right to Protocol Spending (1) The Fund of the President of the Chamber of Deputies and the Fund of the President of the Senate are approved The President shall inform the Permanent Bureau of the Chamber concerned annually of the expenditure of that Fund in the previous year. (2) The funds provided in par. (1) shall be constituted for material aids, death aids, rewards, incentives, contributions to humanitarian actions and scholarships. Material aid, rewards, incentives, contributions to humanitarian action and scholarships shall not be granted to Members and Senators. (3) For the reception of foreign delegations and guests from the country or abroad, the Protocol Fund shall be established, approved annually by the budget of each Chamber. The spending scales for the protocol actions are approved by the permanent offices of the Chamber of Deputies and the Senate. + Article 45 Right to transport (1) Deputies and senators shall benefit, during the term of office, from free domestic transport by rail, with any category of passenger trains. Travel tickets will be issued based on the badge of MP or senator. ((2) Deputies and senators shall benefit, in order to carry out the activities related to the exercise of the mandate, of a lump sum whose amount is determined by decision of the permanent offices, depending on the budgetary resources of the two Chambers, to cover transport expenses in the constituency, on the basis of self-declaration, which is a justifying document. (3) Deputies and senators who use the car to travel from the electoral district in which they are domiciled at the Parliament and back works, those who are domiciled in Bucharest and move to the electoral district where were elected and returned, as well as those who move from the locality of domicile to the electoral district in which they were elected and back, if they did not use the means of transport provided in par. (1) and (5), will receive the value of 7.5 liters of fuel per 100 km traveled, at most for a weekly return road. (4) Benefit from the facilities provided in par. (3) the deputies and senators who travel from the locality of domicile to the nearest locality from where the transport is provided to Bucharest and back. (5) Deputies and senators who do not have their domicile in Bucharest and travel to Bucharest to participate in the works of the Parliament, as well as the deputies and senators who are domiciled in Bucharest and move in the electoral district in which they were chosen benefit from free transport or the settlement of transport expenses on domestic airlines for a return trip per week. (6) Benefit, for the duration of the mandate, the transport rights provided in par. (1), (3), (5) and the deputies and senators who make trips to the country, following the decisions of the permanent offices of the two Chambers, the decision of the President of the Chamber of Deputies and the Senate, respectively, of the group leaders and the presidents parliamentary committees, for activities related to the exercise of the mandate. (7) Deputies and senators who travel during parliamentary holidays within the electoral districts in which they were elected or in the city of Bucharest, for the performance of tasks related to the exercise of their mandate, benefit from a number of trips by plane, established by the Permanent Bureau of the Chamber of Deputies and the Senate respectively. (8) At the end of the mandate, for a period of 30 days the deputies and senators who have not been elected have the right to settle 6 trips, with the means provided in par. (1) or with private car, under the conditions provided in par. (3), in order to carry out the liquidation formalities. + Article 46 Right to seniority in work (1) The period of exercising the mandate of parliamentarian is seniority in work and in specialty, with all the rights provided by law. (2) During the term of office of deputy or senator, the employment contract or service report of the holder shall be suspended and subject to the rules provided for by the Labor Code and the Staff Regulations, as the case may be. + Article 47 Right to healthcare Deputies and senators benefit from medicines, healthcare and disease leave according to regulation in the public system and special regulations in the field. + Article 48 Right to diplomatic passport Deputies and senators are entitled to a diplomatic passport under the law. + Chapter XI Age limit allowance + Article 49 Entitlement to the old-age allowance ((1) Deputies and senators who meet the conditions of the standard retirement age, staggered, as the case may be, in Annexes no. 5 5 and 6 of Law no. 263/2010 on the unitary system of public pensions, with subsequent amendments and completions, or of the standard age reduced in accordance with the provisions of the same laws or other special laws are entitled, upon termination of the mandate, to the allowance for Age limit, if not re-elected for a new term. (2) Members and senators shall benefit from the old-age allowance from the date on which they are granted the old-age pension rights, but not earlier than the date of termination of the current term of office. (3) The amount of the old-age allowance provided in par. ((1) is granted within the limit of 3 mandates and is calculated as a product of the number of months of mandate with 0,55% of the monthly gross allowance in payment. (4) For incomplete mandates, the old-age allowance shall be calculated in proportion to the period of term actually exercised, but not less than one parliamentary term. (5) During the period of the exercise of a new mandate, the payment of the old-age allowance shall be suspended, to be resumed, upon its termination, in the amount recalculated by capitalizing on the period of mandate exercised after suspension. (6) The old-age allowance shall be updated whenever the monthly gross allowance of an MP/senator in the exercise of the mandate is increased or indexed, with the same date. (7) The old-age allowance shall be cumulated with any type of pension established in the public pension system or other pension scheme not integrated to the public system, as well as with any other income. (8) The old-age allowance is subject to income tax and health insurance contribution. (9) The amount of the old-age allowance shall be borne from the state budget, through the budget of the Chamber of Deputies and the Senate, and shall be paid by them. (10) The application for the granting of the old-age allowance shall be submitted to the General Secretariat of the Chamber of Deputies or the Senate, as appropriate. ((11) The application of the provisions of this Article shall be established by methodological norms, approved by the Permanent Offices of the two Houses of Parliament. + Article 50 It does not benefit from the old-age allowance, provided for in art. 49, the deputies and senators who were definitively convicted of committing, as an MP or senator, a corruption offence provided for in art. 289-291 of Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, and for the offences provided for in art. 254-257 of Law no. 15/1968 on the Criminal Code of Romania, republished in the Official Gazette of Romania, Part I, no. 65 of 16 April 1997, with subsequent amendments and completions. + Chapter XII Parliamentary discipline regime + Article 51 Scope of disciplinary misconduct It constitutes parliamentary disciplinary violations the following acts committed by deputies or senators and if, according to the law, it does not constitute crimes: a) violation of the provisions on the duties of deputies and senators provided by the Constitution and the present law; b) non-compliance with the provisions of the Regulation of the Chamber of which they belong and of the Regulation of joint activities c) abusive exercise of the mandate of senator or deputy; d) abusive or slanderous behavior against a parliamentarian or other dignitary in plenary, committee or office meetings or outside, but on the exercise of the mandate of parliamentarian; e) violation of the legal provisions on conflict of interest. + Article 52 Disciplinary Sanctions Parliamentary disciplinary sanctions for disciplinary deviations provided in art. 51 51 are the following: a) verbal warning; b) the call to order; c) withdrawal of word; d) removal from the hall during the meeting; e) written warning. + Article 53 Sanctions application (1) The sanctions provided for in art. 52 lit. a)-c) shall apply by the sitting president. (2) The sanctions provided for in art. 52 lit. d) apply at the request of the sitting president or of a parliamentary group by the Chamber of the House by voting of the majority of those present. ((3) Deviations involving the application of the sanctions provided in art. 52 lit. e) it is found by the commission that has in its competence the analysis of discipline problems at the level of the respective Chamber, at the referral of the sitting president, of a parliamentary group or at the referral of a deputy or senator. The referral shall be addressed to the President of that Chamber no later than 30 days after the date of the act. (4) In the case of conflict of interest, upon referral to the Permanent Bureau of the Chamber concerned, the commission having jurisdiction in the field of discipline shall draw up a report finding that the report of the National Integrity Agency with the existence of the conflict of interest is final. (. The Commission having jurisdiction in the field of discipline shall resolve the complaint within 10 working days of its registration. The report of the committee shall be approved by the vote of the majority of the members (. The report of the Commission shall be forwarded immediately, together with the case file, to the Standing Bureau of the Chamber (7) The permanent office of the respective Chamber shall settle the case within 3 working days following receipt of the report. The decision of the Permanent Bureau of the Chamber is presented at the public meeting of the + Article 54 Appeal (1) Against the decision of the Permanent Bureau of the Chamber, aimed at the application of the sanctions 53 53 para. ((7), an appeal may be made within 15 working days from the date of communication. (2) The appeal shall be settled by the Chamber within 15 working days from its registration, with the vote of the majority of the present members of the Chamber, at the secret meeting. (3) The decision of the Chamber plenum shall be final and enforceable and shall be brought to public attention at the plenary session. + Chapter XIII Transitional and final provisions + Article 55 Amendment of Regulations (1) The Rules of the Chamber of Deputies, the Senate Rules and the Rules of Joint Activities of the Chamber of Deputies and the Senate will be amended and duly completed with the provisions of this Law and in accordance with The Constitutional Court delivered on the provisions of these regulations and will adapt accordingly. (2) The chambers shall ensure that the regulations established by their own regulations are consistent and correlated on structures, competences, procedures and activities. + Article 56 Change in budgets The Chamber of Deputies and the Senate will introduce in the budgetary structure the amendments resulting from the application of the + Article 57 Entry into force This law shall enter into force in accordance with art. 78 of the Romanian Constitution, republished, 3 days after its publication in the Official Gazette of Romania, Part I. + Article 58 Law enforcement (1) The Standing Committee of the Chamber of Deputies and the Senate on the Statute of Deputies and Senators, the organization and functioning of the joint meetings of the Chamber of Deputies and the Senate is responsible for the unitary the present status, in particular the principles and rules of parliamentary conduct, as well as the examination of bills and legislative proposals related to the amendment and completion of this Statute. (2) The permanent joint committee of the Chamber of Deputies and the Senate for the Statute of Deputies and Senators shall submit annually, at the joint meeting of the two Chambers, a report on the application of this + Article 59 Amendments and Repeal (1) On the date of entry into force of this Law, it shall be amended accordingly art. 61 61 para. ((3) of Law no. 500/2002 on public finances, with subsequent amendments and completions. (2) On the date of entry into force of this Law, with regard to senators and deputies, art. 1 1 para. ((1) and (2), art. 16, 17, 18, art. 21 21 para. ((3 ^ 1)-(8), art. 22, 23, art. 24 24 para. ((1), art. 25 25, 26, 27, 28 and art. 37 37 para. ((1) and (3) of Law no. 53/1991 on the allowances and other rights of the deputies and senators, as well as the salary of the staff in the apparatus of the Romanian Parliament, republished in the Official Gazette of Romania, Part I, no. 23 of 31 January 1996, as amended and supplemented, art. 82 82 para. ((2) of Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignity, public functions and in the business environment, prevention and sanctioning of corruption, with subsequent amendments and completions, and any other provisions Contrary. Note
We reproduce below the provisions art. II-IV of Law no. 357/2015 ,, which are not incorporated into the republished text of the Law no. 96/2006 and which continue to apply as own provisions of the Law no. 357/2015 :
"" Art. II. --(1) The old-age allowance provided for in art. 48 48 ^ 1 *) para. ((1) of Law no. 96/2006 , republished, with the completion brought by this law, and under the same conditions, the deputies and senators who had prior to the entry into force of this law the status of parliamentarian. (2) The amount of the old-age allowance provided in par. (1) is calculated as a product of the number of months of mandate with 0,55% of the monthly gross allowance made in the month before the request by a deputy/senator in the exercise of his mandate, corresponding to each year of mandate, within the limit of maximum 3 seats. (3) In the case of persons referred to in paragraph ((1), the old-age allowance shall be granted from the month following the application to the General Secretariat of the Chamber of Deputies or the Senate, as the case may be.
Art. III. -This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I.
Art. IV. -Within 30 days from the date of entry into force of this Law, the Joint Permanent Offices of the Chamber of Deputies and the Senate shall draw up and approve the methodological norms provided for in art. 48 48 ^ 1 *) para. ((11) of Law no. 96/2006 , republished, with the completion brought by this law. " Note
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* *) Art. 48 ^ 1 became in the republished form of Law no. 96/2006 art. 49.
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