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Law No. 293 Of 28 June 2004 (Republished) On The Status Of Civil Servants With Special Status In The National Administration Of Penitentiaries

Original Language Title:  LEGE nr. 293 din 28 iunie 2004 (*republicată*) privind Statutul funcţionarilor publici cu statut special din Administraţia Naţională a Penitenciarelor

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LEGE no. 293 293 of 28 June 2004 (** republished) (* updated *) on the Statute of Civil Servants with Special Status in the National Administration of (updated on 18 January 2016
ISSUER PARLIAMENT




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** **) Republicated pursuant to art. 107 107 para. ((3) of Law no. 255/2013 for the implementation of Law no. 135/2010 on the Code of Criminal Procedure and for the modification and completion of some normative acts that include criminal procedural provisions, published in the Official Gazette of Romania, Part I, no. 515 515 of 14 August 2013, as amended, giving the texts a new numbering.
Law no. 293/2004 was republished in the Official Gazette of Romania, Part I, no. 628 628 of 22 September 2009 and has been amended by Framework law no. 284/2010 on the unitary salary of the personnel paid from public funds, published in the Official Gazette of Romania, Part I, no. 877 of 28 December 2010, as amended.
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+ Chapter I General provisions + Article 1 This law regulates the Statute of the civil servant with special status in the prison administration system. + Article 2 (1) The National Administration of Prisons and subordinate units are part of the public institutions of defense, public order and national security of the state and constitute, for the purposes of this law, the prison administration system. (2) The National Administration of Prisons is constituted by the reorganization of the General Directorate of Prisons and operates under the Ministry of Justice. (3) The organization, functioning and attributions of the National Administration of Prisons shall be established by Government decision * *). Note
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** **) See Government Decision no. 1.849/2004 on the organization, functioning and tasks of the National Administration of Prisons, published in the Official Gazette of Romania, Part I, no. 1.062 of 16 November 2004, as amended.
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(4) The National Administration of Prisons is a public institution of national interest, with legal personality and headquarters in Bucharest.
+ Article 3 (1) The personnel of the prison administration system shall be constituted of civil servants with special status, whose status is regulated by this law, hereinafter referred to as civil servants with special status, and from contractual staff. (2) The special status of civil servants in the prison administration system is conferred by the nature of the duties involving special duties and risks. (3) In the exercise of his duties, the civil servant with special status is invested with the exercise of public authority, within the limits of the powers established by law. In the exercise of security, escorting and surveillance missions of persons deprived of liberty, as well as in other duly justified situations, the civil servant with special status may use, under the law, the technique, the means and the armaments from the equipment. The authority of the office may not be exercised for personal interest. (4) The personnel from the prison administration system assigned to functions on the basis of the individual employment contract shall be subject to labor law. + Article 4 (1) The professional activity of the personnel in the prison administration system is carried out in the interest of the community, by implementing the legislation on the execution of penalties and measures ordered by the judicial bodies during the criminal proceedings, within the limits of the powers established by law (2) The personnel of the prison administration system are obliged to respect the fundamental human rights and freedoms, the Constitution and the laws of the country, the provisions of the internal regulations and to carry out the legal orders Hierarchical heads of professional activity. (3) The civil servant with special status in the prison administration system has the right to refuse, in writing and motivated, to fulfill the provisions received from the hierarchical superior, if they consider them illegal. If the person who issued the provision formulates it in writing, the civil servant with special status shall be obliged to execute it, unless it is manifestly illegal. The civil servant with special status is obliged to bring to the attention of the hierarchical supervisor of the person who issued these situations. + Article 5 The exercise of public office in the prison administration system shall be guided by the following principles a) full submission to the law; b) respect for the rights of inmates, under the conditions provided by law; c) equality of opportunity, on the basis of merit and professional capacity; d) responsibility and impartiality; e) the effectiveness of the company's general interests; f) efficiency in resource use; g) organizational and functional hierarchy. + Article 6 (1) The ethical values in the prison administration system are: integrity, objectivity, transparency, responsiveness and professional responsibility. (2) Staff in the prison administration system will promote and respect the ethical principles and values of public service in professional activity and in relations with citizens, as well as legal measures relating to transparency decision-making, conflict of interest and incompatibilities.
+ Chapter II Civil servant's career structure with special status in the prison administration system + Article 7 Civil servants with special status in the prison administration system are debutants or definitively. + Article 8 Civil servants with special status debuts from the prison administration system are the persons who occupy, following the contest or examination, a public office in the National Administration of Prisons or subordinate units, until Completion. + Article 9 (. Public servants with special status shall be divided into two categories, in relation to the minimum level of studies required, as follows: a) category A-the body of prison officers-includes civil servants with special status with higher education, graduated with a bachelor's degree or equivalent, issued by institutions accredited by the Ministry of National Education; b) category B-the body of prison agents-includes civil servants with special status with high school studies graduated with baccalaureate diploma. ((. The categories of civil servants with special status shall be divided by professional bodies and degrees, as follows: A. The body of prison officers: a) prison quaestor; b) Chief Commissioner of Prisons; c) prison commissioner; d) prison sub-commissioner; e) principal prison inspector; f) prison inspector; g) prison sub-inspector. B. The body of prison agents: a) chief prison officer; b) chief prison officer; c) Deputy Chief Prison Officer; d) principal prison agent; e) prison agent. (3) According to paragraph ((2) A lit. a)-d), the following professional degrees of officers will be equated, with the maintenance of rights and seniority in previously earned degrees, as follows: a) sub-inspector chief of penitentiaries-prison sub-commissioner; b) chief inspector of penitentiaries-prison commissioner; c) Chief Inspector of Prisons-Chief Prison Commissioner; d) inspector general of penitentiaries-prison quaestor. + Article 10 (1) The following functions are used in the prison administration system: public management and execution functions specific to the prison administration system and specialized functions specific to other sectors of activity. (2) The functions of civil servants with special status in the prison administration system shall be established by Government decision and differentiated by category, professional degree and ranking coefficient. The other functions for the prison administration system approve of the justice minister, according to the law. (3) Civil servants with special status in the prison administration system are subordinated to hierarchical heads. + Chapter III Selection, appointment, record, evaluation, advancement, preparation and improvement of civil servants with special status + Section 1 Selection of civil servants with special status + Article 11 I can acquire the status of civil servant with special status from the prison administration system persons who meet the following conditions: a) have Romanian citizenship and domicile in Romania; b) know the Romanian language; c) meet the conditions of studies and seniority provided by law; d) have full exercise capacity and are medically and psychologically fit to perform the function; e) have not been definitively convicted of committing crimes; f) meet the specific conditions of the post, including the height criterion for the operative sector posts, established by order of the Minister of Justice; g) have not been released for reasons attributable to or deposed from a public office in the last 7 years; h) have a behavior corresponding to the requirements of conduct admitted and practiced in society; i) were not agents or collaborators of the security bodies as political police. + Article 12 The National Administration of Prisons, in the selection process of civil servants with special status, guarantees the application of the principles of equality, merit, professional capacity and transparency. + Article 13 ((1) The inclusion as a civil servant with special status shall be made by the following modalities: a) priority distribution of graduates of educational institutions for the training of prison staff, officers and agents; b) transfer to public offices of military personnel and civil servants with special status from other public institutions of defense, public order and national security of the state; c) contest, from external source. (2) Graduates of higher education institutions for the preparation of prison staff-course of the day, with a bachelor's degree-are awarded the degree of prison sub-inspector and are assigned as civil servants with special status definitively, without competition, in public execution functions. (3) The graduates of the educational institution for the preparation of prison agents, lasting one year, are granted the degree of prison agent and are classified as civil servants with special status definitively, without competition. (4) Candidates declared "ADMITTED" to higher education institutions for the preparation of prison staff sign a commitment to work at least 9 years in the prison administration system, after completing their studies. (5) The candidates declared "ADMITTED" to the educational institution for the preparation of prison agents will sign a written commitment to work at least 5 years in the prison administration system, after completing their studies. (6) Persons referred to in par. ((4) and (5), which do not comply with the commitment, are required to pay back the tuition expenses, in proportion to the period remaining until the time of the deadlines for which they signed the undertaking, unless the non-compliance with the undertaking is due to reasons not attributable to them or to the transfer to other public defence, public order and national security institutions of the State. + Article 14 (1) The conditions for participation in the competition, its organization and its conduct shall be established by regulation approved by order of the Minister of Justice *) Note
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* *) See Order of Justice Minister no. 1.040/C/2007 for the approval of the Regulation on the organization and conduct of the contest for filling vacancies of civil servant with special status from the own apparatus of the Ministry of Justice, published in the Official Gazette of Romania, Part I, no. 296 of 4 May 2007, with subsequent amendments and completions.
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(2) A representative of the representative trade union organizations of civil servants with special status in the prison administration system may participate as an observer.
+ Section 2 Appointment of civil servants with special status + Article 15 (1) The appointment of candidates admitted to the competition in public offices shall be made as civil servants with special status. The competition can be attended by people who are at least 3 years old effective in a post with the same level of studies and the same specialty as the job put out for competition. (2) The appointment in public office of execution of candidates admitted to the competition shall be made as civil servants with special status, debutants with a period of internship, except in the situations provided in par. ((4) and (5). Officers and agents admitted to the competition in public execution positions in the sector the safety of the holding and application of the regimes will be classified as debutants, except for the situation provided in par. ((5). (3) The internship period is one year and is seniority in work, in service or in specialty. (4) The candidates admitted to the competition, who have at least 3 years of actual seniority in a post with the same level of studies and the same specialty with the job submitted to the competition, are classified as civil servants with special status definitively, under the conditions provided by this law. (5) Candidates admitted to the contest, who are at least 3 years old effective as an active military and/or public official with special status in defense, public order and national security institutions, are assigned as civil servants with special status definitively, under the conditions provided for by this Law. (6) Candidates admitted to the competition and framed as civil servants with special status are granted professional degrees, according to the methodology *) established by order of the Minister of Justice. Note
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* *) See Order of Justice Minister no. 2.855/C/2004 for the approval of the Methodology on the organization and conduct of professional training of public officials in the prison administration system, published in the Official Gazette of Romania, Part I, no. 1.099 1.099 of 25 November 2004.
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(7) Officers in activity or in reserve may not be assigned to the prison administration system in vacant positions provided with professional degrees of prison agent-principal chief of prisons.
+ Article 16 (1) Civil servants with special status debuts have the obligation to follow, during the internship period, training and specialization courses organized by the National Administration of Prisons. (2) Civil servants with special status definitively have the obligation to follow a refresher course corresponding to the post in which they were appointed, except those classified according to the provisions of art. 13 13 para. ((2) and (3). + Article 17 (1) After the period of the internship period, the activity of the civil servant with special status of the prison administration system is assessed by the hierarchical head, who proposes or does not finalize in office. (2) On the basis of the favorable proposals made by the hierarchical heads, the Director-General of the National Administration of Prisons or, as the case may be, the director of the unit subordinated to it shall issue a written decision Junior special as a civil servant with special status definitively from the prison administration system. (3) The civil servant with special status debuting from the prison administration system dissatisfied with the assessment provided in par. ((1) may request the reassessment by a commission of 3 civil servants with special status within the establishment, who have been in service for at least 10 years. The Commission is appointed by the Director-General of the National Prison Administration. (4) The civil servant with special status debutant from the prison administration system who, following the evaluation provided in par. (1) or (3), receives the rating "unsatisfactory" is declared improperly from a professional point of view, and the service report ceases according to art. 64 64 para. ((1) lit. a). + Article 18 The rules for the organization and conduct of the internship period, the training and specialization courses provided in art. 16 and the evaluation for the finalization in office shall be established by regulation approved by order of the Minister of Justice * *). Note
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** **) See Order of Justice Minister no. 2.793/C/2004 for the approval of the Regulation for the organization and conduct of the internship period, the specialization courses and the evaluation for the completion of the junior public officials in the prison administration system, published in Official Gazette of Romania, Part I, no. 1.098 1.098 of 25 November 2004.
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+ Article 19 (1) Staff in the prison administration system, appointed public official with special status definitively, shall take the oath of allegiance before the Director-General of the National Administration of Prisons or, as the case may be, to the subordinated to it, in the presence of 2 witnesses, one of whom is the head of the compartment in which the civil servant with special status definitively has been appointed, and the other, another public official with special status definitively. (2) The Pledge of Allegiance has the following content: " I vow to respect the Constitution, fundamental human rights and freedoms, to apply correctly and without bias the laws of the country, to conscientiously fulfill the duties of my office public in which I have been appointed, to keep professional secrecy and to respect the norms of professional and civic conduct. " The refusal to submit the oath shall be recorded in writing and shall draw the revocation of the appointment act. ((3) The oath, signed by the public official with special status definitively, by the Director General of the National Administration of Prisons or, as the case may be, by the director of the unit subordinated to it, shall be submitted to the professional civil servant with special status. (4) The public servant with special status definitively of the Ministry of Justice takes the oath of allegiance before a representative of the Ministry of Justice, empowered by order of the Minister of Justice. + Article 20 The appointment and release from office, as well as the other changes to the service relations for the positions of general manager, deputy director general and director in the prison administration system shall be ordered by order of the Minister of Justice. For the other management positions, as well as for the execution functions of the National Administration of Prisons and prison units, the general manager or directors of the units of prisons, according to legal powers. + Article 21 Officers are appointed to the positions provided in the organization states with professional degrees equal or higher by no more than two degrees compared to those they have. The appointment of officers to positions provided in the organization states with higher professional degrees by more than two degrees compared to those they have can be done only with the approval of the Minister of Justice.
+ Section 3 Record of civil servants with special status + Article 22 (1) For each public official with special status in the prison administration system, a confidential professional file will be drawn up and managed, under the legal provisions on the record of functions and civil servants with special status. (2) The manner of management and record of data on civil servants with special status in the prison administration system shall be established by order of the Minister of Justice. (3) The introduction in the professional file of any documents relating to political or trade union opinions, religion or belief, sexual orientation, social origin or any other discriminatory elements shall be prohibited. (4) The civil servant with special status in the prison administration system has access to his own professional file, without any restrictions, and on request he can be issued copies of the documents in the file. (5) The issuance, use, record and management of service cards for personnel in the prison administration system shall be established by order of the Minister of Justice. + Section 4 Evaluation of the professional activity of civil servants with special status in the prison administration system + Article 23 The evaluation of the professional activity of civil servants with special status in the prison administration system is made annually, based on the evaluation criteria developed by the National Administration of Prisons and approved by order of Justice Minister + Article 24 (1) The department heads of the National Administration of Prisons and subordinate units are obliged to complete and write annually, in the activity evaluation sheet, the individual professional performances obtained in the year precedent by each civil servant with special subordinate status. (2) Qualifications that may be granted after the evaluation of the activity are "exceptional", "very good", "good", "satisfactory" and "unsatisfactory". + Article 25 (1) The civil servant with special status in the prison administration system noted with "unsatisfactory" or "satisfactory" cannot be advanced to office or professional degree in the following year. (2) The officer or agent in the prison administration system who was noted with the "unsatisfactory" rating will be placed in a lower position, by decision of the Director General of the National Administration of Prisons or, as the case may be, of the director of his unit. The civil servant with special status who does not accept the passage to the lower office will be dismissed from office, pursuant to art. 64 64 para. ((1) lit. a). (3) Officers or agencies in the prison administration system noted with the rating "unsatisfactory", in the year following the transition to a lower position, according to par. (2), will be dismissed from office, pursuant to art. 64 64 para. ((1) lit. a). + Section 5-a The advancement of civil servants with special status in the prison administration system + Article 26 (1) In the professional career, following the results obtained in the evaluation of the professional activity, civil servants with special status have the right to advance in office and in professional degree according to the provisions of this law. (2) The advance to public offices vacant of civil servants with special status, who meet the conditions provided by this law, shall be made on the basis of competition, within the limits of the posts provided in the organizing states. (3) The advancement of civil servants with special status in an immediately superior position at the same position in the state is done without examination, based on the criteria established by order of the Minister of Justice *). Note
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* *) See Order of the Minister of Justice and Citizens ' Freedoms 18 18 /C/2009 on the criteria for the advancement of civil servants with special status in an immediately superior position at the same position in the state of organization and functioning, published in the Official Gazette of Romania, Part I, no. 39 of 21 January 2009, with subsequent additions.
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(4) The advancement in the professional ranks shall be made by: a) President of Romania, for the prison superintendent, at the proposal of the Minister of Justice; b) Minister of Justice, for the officers of the prison administration system; c) Director General of the National Administration of Prisons, for agencies in the prison administration system. (5) Public servants with special status shall be advanced in the following professional degree if they have completed the minimum internship in the professional degree held and if they have been appreciated in the last 2 years of the minimum internship in grade with at least the "good" rating. (6) Public servants with special status may be advanced to the following professional degree before the minimum internship is fulfilled, if they have been appreciated in the last year with the "exceptional" rating and if they have carried out half of the minimum internship in grade. (7) In order to obtain the professional degree of prison quaestor, it is necessary to pass the examination organized for (8) The chief commissioners of penitentiaries in activity, who are in the professional degree of at least 5 years and have been assigned, during this period, at least 3 years in positions provided in the organization states with professional degree of quaestor of prisons and who have been appreciated in the last 3 years with the rating of at least "very good", at the end of service relations through retirement, under the law, can be advanced to the professional degree of prison quaestor and will cease service relations with the new professional degree, according to the competences and criteria established by order of the justice minister * *). Note
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** **) See Order of Justice Minister no. 1.662/C/2011 for the approval of the Human Resources Management Skills of the Minister of Justice, Director General of the National Administration of Prisons and Directors of its subordinate units, published in the Official Gazette of Romania, Part I, no. 631 631 of 5 September 2011.
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(9) Civil servants with special status reservists of the "prison administration system", specialty "penitentiaries", to whom service relations have ceased as a result of retirement, under the law, can be advanced in the next degree to the proposal of former officers ' associations and prison agents. The criteria for advance to the next degree shall be determined by order of the Minister of Justice.
+ Article 27 The minimum internship in the professional ranks is: A. The body of prison officers: a) Chief Commissioner of Prisons 3 years; b) prison commissioner 3 years; c) prison sub-commissioner 4 years; d) principal prison inspector 3 years; e) prison inspector 3 years; f) prison sub-inspector 4 years. B. The body of prison agents: a) chief prison officer 4 years; b) Deputy Chief of Prisons 4 years; c) main prison agent 4 years; d) prison agent 4 years. + Article 28 ((1) The award of the following professional degrees, within the same category, shall be made in the hierarchical order of the grades and within the limit of the maximum degree provided for the position that the civil servant with special status holds. (2) The civil servant with special status with the rank of chief penitentiary commissioner, who has acquired the scientific title of doctor in the specialty of the position he holds or in a related specialty, is exempted from the provisions of art. 26 26 para. ((7). ((3) The granting of professional degrees, within the same category, shall be made from the first of the month following that in which the legal conditions regarding advancement in the professional degree have been fulfilled. + Article 29 (1) The passage of agents into the body of officers from the prison administration system shall be carried out by competition, within the limits of the posts provided in the organization states of the prison units, if the conditions provided for in the present Law. (2) Granting the professional degree of officer to the agents referred to in par. (1) is made according to the seniority as an agent or petty officer in public institutions of defense, public order and national security of the state, according to the methodology established by order of the Minister of Justice. + Article 30 (1) The vacant execution functions in the prison administration system shall be handled by competition, in which persons who meet the conditions provided in art. 11. (2) In case of non-occupation of the vacancies provided in par. (1), they may be occupied by the transfer of military personnel and civil servants with special status from other public defense, public order and national security institutions of the state and the Ministry of Justice, if they meet the conditions provided in art. 11. (3) The vacant management functions of the prison administration system shall be handled by the advancement of officers and agents, by competition. Persons who are at least 3 years old in the prison administration system can participate in the competition to fill vacant positions. (4) The management functions of the prison administration system, left vacant as a result of non-employment, under the conditions established in par. (3), deals by contest from external source. (5) If the posts remain vacant, as a result of non-occupation under the conditions provided in par. (3) and (4), they may be occupied by the transfer of military personnel and civil servants with special status from other public defence, public order and national security institutions of the state and the Ministry of Justice, if they meet the conditions provided in art. 11. + Article 31 The regulation on the occupation of management and execution functions is approved by order of the Minister of Justice *). Note
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* *) See Order of Justice Minister no. 2.478/C/2010 for the approval of the Regulation on the conditions for participation, organization and conduct of competitions for the occupation, through advancement in office, the passage of agents in the officers ' body and from the external source, of the vacancies of official public with special status from the prison administration system, published in the Official Gazette of Romania, Part I, no. 751 of 10 November 2010, with subsequent additions.
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+ Section 6 Training and professional development of civil servants with special status in the prison administration system + Article 32 The preparation and improvement of civil servants with special status in the prison administration system is based on the general requirements of the prison administration practice and the specific requirements necessary to carry out the duties of service corresponding to functions in the prison administration system. + Article 33 (1) The methodology for organizing and conducting the professional training of civil servants with special status in the prison administration system and the criteria for assessing its results * *) shall be established by order of the Minister justice. Note
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**) See the footnote corresponding to the asterisk in art. 15 15 para. ((6).
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(2) In cases where the training and professional improvement is carried out in a locality other than that of domicile, civil servants with special status in the prison administration system benefit from the delegation rights provided by present law. (3) For sending to training and perfecting courses abroad, organized or financed by the National Administration of Prisons, civil servants with special status support a competition, under the conditions established by order of Justice Minister * **). Note
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*** ***) See Order of Justice Minister no. 3.372/C/2012 on the establishment of conditions for the support of the contest in order to send to training and refresher courses abroad of civil servants with special status from the prison administration system, published in the Official Gazette of Romania, Part I, no. 721 721 of 24 October 2012.
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+ Article 34 Civil servants with special status in the prison administration system who follow a form of training or professional improvement with a duration exceeding 3 months and who receive, during this period, the salary rights will sign a written commitment to work for at least 5 years in the prison administration system, after the completion of training or professional development. + Article 35 (1) The civil servant with special status in the prison administration system who does not comply with the commitment provided in art. 34 is obliged to refund the tuition expenses, in proportion to the remaining period until the end of the 5-year term. (2) Provisions of para. ((1) shall not apply where the non-compliance with the undertaking is due to reasons not attributable to the civil servant with special status or in the case of transfer.
+ Chapter IV Rights, working conditions and duties of civil servants with special status + Section 1 Rights of civil servants with special status in the prison administration system + Article 36 The civil servant with special status in the prison administration system shall be entitled to: a) monthly salary, composed of basic salary, allowances, bonuses, as well as prizes and premiums, the amounts of which are established by law. The basic salary includes the salary corresponding to the function fulfilled, the professional degree held, the gradations, the bonuses for permanent mission and, as the case may be, the driving allowance and the merit salary; b) aid and other monetary rights, the amounts of which are established by law; c) uniform and specific equipment, food, medical and psychological assistance, medicines, dental prosthetics and medical devices intended to recover organic or functional deficiencies, free of charge, under the conditions established by Government decision * ***) and compliance with the legal provisions on the payment of the contribution for health insurance; Note
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**** ****) See Government Decision no. 1.996/2004 on the conditions for the free provision of medical and psychological assistance, medicines and prostheses for civil servants with special status in the prison administration system, published in the Official Gazette of Romania, Part I, no. 1.134 of 1 December 2004, with subsequent amendments and completions.
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d) service and intervention housing, under the law; e) rest leave, leave of study, paid and unpaid leave, under conditions established by Government decision * ****); Note
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***** *****) See Government Decision no. 1.946/2004 on the conditions under which the civil servant with special status in the prison administration system is entitled to holiday leave, leave of study, paid and unpaid leave, rest, treatment and recovery tickets, published in the Official Gazette of Romania, Part I, no. 1.140 of 2 December 2004, as amended.
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f) a leave premium equal to the basic salary of the month prior to departure on leave, in addition to the salary rights related to the month in which the leave is made; g) sick leave, maternity leave, for raising the child up to the age of 2 or the child with disabilities until the age of 3, as well as for other situations, under the conditions established by law; h) rest, treatment and recovery tickets, under the conditions established by Government decision *); rest, treatment and recovery can be done in the centers belonging to the National Administration of Prisons or the Ministry of Justice; Note
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* *) See the footnote corresponding to the asterisk of lit. e).
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i) pensions, under conditions established by special law; j) allowances for installation, moving, delegation or posting, as well as the settlement of accommodation expenses, under the conditions established by law; k) settlement of transport expenses, in case of travel for work, in case of moving to other localities, in case of travel from home to work when residing in a locality other than the one in which they carry out activity up to 70 km and, once a year, for making the holiday, as well as in other situations, under the conditions established by Government decision * *); Note
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** **) See Government Decision no. 1.398/2007 on the transport rights of civil servants with special status from the prison administration system, published in the Official Gazette of Romania, Part I, no. 798 of 23 November 2007, with subsequent amendments and completions.
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l) classification of the activity under special conditions, special or other working conditions, according to the law; m) permanent port of armaments provided or purchased personally, under the law; n) benefit from compensation granted from the budget funds of the Ministry of Justice, if life, health or its assets, of the spouse and of his dependent children are affected in the exercise of their duties service or in connection with them. The mentioned compensation is granted under the conditions established by Government decision; o) medical treatment abroad for medical conditions contracted during the exercise of the profession, if they cannot be treated in the country, under the conditions established by Government decision; p) legal advice by lawyer, provided by the unit, upon request, in the case of criminal investigation, prosecution or its trial for acts committed during times in connection with the exercise of duties, according to the approved methodology by order of the Minister of Justice
+ Article 37 (1) For the protection of professional, economic, social and cultural interests, the personnel of the prison administration system shall be entitled to trade union or other professional organizations, the right to strike, as well as to freedom meetings, provided that at least one-third of the activity is ensured and that the rights of detainees and the safety of places of detention are guaranteed. (2) The National Administration of Prisons may conclude annually, under the law, with the representative trade union organizations of civil servants with special status or with representatives of civil servants with special status, at the request of Collective agreements which contain only measures relating to: a) the establishment and use of funds to improve conditions at work; b) health and safety at work; c) daily working hours; d) professional improvement; e) measures other than those provided by law, regarding the protection of those elected in the governing bodies of trade union organizations. (3) If the union is not representative or civil servants with special status are not organized in the union, the agreement shall be concluded with the representatives of civil servants with special status, designated under the law. (4) The National Administration of Prisons and prison units shall provide representative unions or representatives of civil servants with special status information necessary for the conclusion of agreements on relations of service, under the law. + Article 38 (1) Civil servants with special status in the prison administration system will be supported in the construction or purchase, once during their professional career, of a personal property housing, in the locality where they have headquarters the unit to which they are assigned, from the funds of the National Administration of Prisons or other government funds, under the law. (2) Civil servants with special status, holders of the service home rental contract, who worked in the prison administration system over 15 years and who retired according to the law, as well as those who lost their total or partially the ability to work and have retired for disability, under the law, retains the right to use on the service home and after the termination of service relationships through retirement. In the event of the death of the holder, the spouse retains his living rights throughout his life. (3) The criteria and conditions of support provided in par. (1) shall be established by Government decision. (4) Under the law, the Government can establish the Credit House of the staff of the prison administration system. + Article 39 (1) Public servants with special status shall retain, during the delegation, posting or temporary transition to another position, the position, degree and salary rights previously held, granted according to the provisions of normative acts on salary to them. (2) If the salary rights corresponding to the position on which it is posted or, as the case may be, temporarily passed to another position are higher, the staff provided in par. (1) benefits from these salary rights. + Article 40 (1) Civil servants with special status in the prison administration system are entitled to the assignment of a service dwelling if, in the locality where they operate, they or the spouse do not benefit from the dwelling in the property or have not been assigned housing by local public administration authorities. (2) Civil servants with special status who were not granted the dwelling according to the provisions of par. (1) and which neither they nor the spouse have in the property a dwelling in the locality where they operate are entitled to monthly rent compensation in the amount of up to 50% of the net income achieved monthly, but not more than the rent provided in the lease agreement concluded under the law. (3) The conditions for granting the rights provided in par. ((1) and (2) shall be established by order of the Minister of Justice * **). Note
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*** ***) See Order of Justice Minister no. 1.443/C/2008 on the conditions for granting monthly compensation for rent due to civil servants with special status from the prison administration system, published in the Official Gazette of Romania, Part I, no. 410 of 2 June 2008, as amended, and Order of Justice Minister no. 2.197/C/2008 for the approval of the Regulation on the attribution of service housing from the housing stock of the National Administration of Prisons and subordinate units, published in the Official Gazette of Romania, Part I, no. 632 632 of 1 September 2008.
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(4) Civil servants with special status, including their spouse, who have alienated a personal property, in the locality where they operate, after the date of classification in the prison administration system, do not benefit the provisions of para. ((1) and (2). (5) The monthly rent compensation shall not be granted if the lease agreement has been concluded with the relatives up to and including the second degree, of the civil servant with special status or of his/her spouse. (6) Public servants with special status who have been assigned a service home may request the change thereof and the assignment of another available housing in the housing stock of the National Administration of Prisons or of the establishment. penitentiaries in question, which correspond to the minimum housing surface requirements as laid down by Home Law no. 114/1996 , republished, with subsequent amendments and completions. Applications for housing exchange shall be resolved as a matter of priority. (7) Public servants with special status, beneficiaries of a service housing, can make between them housing exchange, with the opinion of the management of the unit that approved the granting of the service home.
+ Article 41 (1) The specialized institutions and bodies of the state are required to grant protection, upon request, to civil servants with special status from the prison administration system and their family members, if life, bodily integrity, dignity or wealth are endangered, in the exercise of their duties or in relation to them. (2) The management of the National Administration of Prisons or, as the case may be, of the units subordinated to it shall be obliged to provide the personnel (1) protection against threats, violence and acts of outrage to which the victim may be in the exercise of his or her office. The procedures for granting protection shall be established by decision of the Director General of the National Administration of Prisons. + Article 42 (1) The public official with special status, in activity or retired, as well as his spouse, children in his legal maintenance benefit, free of charge, from healthcare services, medicines and prosthetics, within the system health insurance, under the conditions of compliance with the legal provisions on the payment of the contribution to health insurance. (2) For the granting, according to the law, of the specific medical assistance to the personnel of the prison administration system, in the organization states of the National Administration of Prisons and of each prison unit shall be provided and shall be frame positions of higher and medium medical-health personnel. + Article 43 (1) Civil servants with special status in the prison administration system have the right to compensation in the situation in which they suffered, at the fault of the institution, a material damage during the performance of their duties. (2) On the death of a civil servant with special status in the prison administration system, the unit of which he was a party to his/her spouse or, as the case may be, to his/her children or, failing them, to their parents and legal heirs the person who incurred the expenses occasioned by the death an additional death aid equal to twice the gross basic salary had at the time of death. (3) The public servant with special status in the prison administration system who died during the performance of his duties is granted, post-mortem, the degree of prison sub-inspector for those in the body of agents and the degree next for officers. + Article 44 (1) For the exemplary performance of duties, civil servants with special status in the prison administration system may be granted moral or material rewards, under the conditions established by order of the Minister of Justice. (2) Graduates of educational institutions referred to in art. 13 13 para. (2) and (3) declared "head of promotion" will be awarded material rewards on the occasion of graduation, established by order of the Minister of Justice. (3) For the work carried out, civil servants with special status in the prison administration system are awarded decorations according to the law. (4) Civil servants with special status in the prison administration system, decorated with the Military Merit Order or the Honorary Sign In the Service of the Army, retain all their rights conferred by these orders, previously acquired.
+ Section 2 Working conditions of civil servants with special status in the prison administration system + Article 45 (1) The normal duration of working hours is 8 hours per day and 40 hours per week. (2) The working hours of the staff in the compartments whose activity requires the presence in service for more than 8 hours shall be determined by the directors of the units, in relation to the operative needs, ensuring compliance with the working time legally. (3) If for certain professional categories the duration of the normal working hours is established by specific legal provisions, these legal provisions will apply. ((4) The hours provided by the civil servants of the prison administration system over the normal working time shall be compensated with free time. If the compensation of additional work with adequate free time was not possible within the next 30 days after its performance, the overtime will be paid, in the following month, with an increase of the basic salary, as follows: a) 75% of the basic salary for the first two hours of exceeding the normal working day; b) 100% of the basic salary for the following hours. With an increase of 100% are also paid the hours worked on weekly rest days or on the other days when, in accordance with the regulations in force, no work is done. (5) Work over the normal duration of working time can also be performed the bonuses provided in par. (4) may be paid only if the overtime has been ordered in writing by the hierarchical head, without exceeding 120 hours annually, and in very special cases it may be approved to carry out overtime and above this ceiling, but no longer a lot of 360 hours annually, with the approval of the authorising officer and with the classification in the approved budget funds. + Article 46 The way of organizing the working time, the breaks and the record of the presence of civil servants with special status from the prison administration system at work are established by internal order regulations, elaborated by the management National Administration of Prisons and units subordinated to it. + Article 47 Civil servants with special status in the prison administration system have the right, according to the law, to safety and hygiene measures of work and free protective equipment. + Section 3 Duties of civil servants with special status in the prison administration system + Article 48 The civil servant with special status in the prison administration system shall have the following obligations: a) to know and respect the general principles provided by the Constitution and the other laws, as well as to defend the values of democracy; b) respect and protect the life, health and dignity of persons deprived of liberty, their rights and freedoms; c) prevent any action involving discrimination on the basis of ethnicity, race, language, nationality, sex, trade union membership and religion; d) to execute, with professionalism and within the established period, all the duties established by the job description, as well as the provisions given by the hierarchical leaders; e) to be disciplined, respectful and fair to heads, colleagues or underlings and to respect the hierarchy conferred by the position and professional degree held; f) to inform the hierarchical leaders and the other competent authorities of the offences of which he became aware in the exercise of his duties or in connection with the service, in particular with regard to corruption; g) to show concern and interest in improving the level of professional training; h) to keep the state and service secret, under the law, as well as the confidentiality of the information or documents that have this character, under the law; i) to refrain from the expression or manifestation of his political beliefs in the exercise of his duties; j) to comply with the provisions given by the hierarchical leaders to whom it is directly subordinated, in compliance with the provisions of art. 4 4 para. ((3); k) to comply with the work schedule; l) to present himself to the established work schedule, as well as outside it, in duly justified situations; m) to inform the hierarchical head about the existence of a conflict of interest regarding the exercise of duties, under the law; n) in situations of catastrophes, calamities, alarmare as a result of riots in penitentiary, escapes, leaving holding places or other large-scale disorders of activities in prison facilities, prison staff located in the activity is obliged to present itself immediately to the unit of which it belongs; o) when establishing the state of emergency or curfew or in case of mobilization and war, the staff will act according to the law; p) in case of one of the situations referred to in lett. n) and o), the prison staff who are in another locality will present themselves at the nearest unit of the National Administration of Prisons, informing his superiors about it; q) to inform the hierarchical head about the existence in the unit in which he carries out the activity of private persons of freedom who have the status of husband/wife or relatives up to the second degree including with him or her husband/wife, in the situation in which they take knowledge of these situations; r) bring to the attention of the human resources department the changes regarding the domicile, as the case may be, the residence, as well as the changes in the civil status or the relevant data from a professional point of view, within 15 days from the production to them. + Article 49 Officers and agents in the prison administration system are prohibited: a) to order, to exercise, to instigate or to tolerate acts of torture or any forms of inhuman or degrading treatment of persons in possession; b) to receive, to request or to accept, directly or indirectly, for himself or for other persons, in consideration of his official quality, gifts, money, loans or any other values or services; c) to intervene for the resolution of applications or works that are not of their competence or have not been assigned to them by hierarchical leaders or which are not activities specific to the function they have been appointed; d) to resort to the force or use of means of immobilization against persons deprived of liberty, under conditions other than those expressly provided by law; e) to be part of parties, parties or political organizations or to conduct propaganda in their favor; f) adhere to sects, religious organizations or other organizations, prohibited by law. + Article 50 (. Public servants with special status shall be in conflict of interest if they are in one of the following situations: a) they are called to solve requests, to make decisions or to participate in decision-making on individuals and legal entities with whom they are spouse, first-degree relatives or, as the case may be, have relations with patrimonial character; b) are called to participate in committees constituted, according to the law, of which the spouse or a first-degree relative belongs; c) their patrimonial interests, their spouse's or their first degree relatives may influence the decisions they must take in the exercise of their duties. (2) Direct hierarchical relations between civil servants with special status who are spouses or first-degree relatives are not allowed. + Article 51 Civil servants may exercise functions or activities in the field of teaching, scientific research, literary-artistic creation and other fields of activity in the private sector, which are not directly or indirectly related to the tasks exercised as a public official according to the job description. + Article 52 When granting the first professional degree, the appointment and release from a management position, as well as the termination of service relations, the civil servant with special status in the prison administration system is obliged to declare wealth, according to law.
+ Chapter V Amendment, making available, suspension from office and termination of service relations + Section 1 Common provisions + Article 53 (1) Civil servants with special status in the prison administration system are entitled to the stability of service relations. (2) The service reports of the staff referred to in par. (1) shall be born and exercised on the basis of the act of appointment and may be amended, suspended or terminated only in cases and under the conditions of this law. (3) The service reports of civil servants with special status in the prison administration system are of hierarchical subordination. (4) The service reports of civil servants with special status in the prison administration system cannot cease by resignation at the establishment of the state of emergency or curfew or in case of mobilization and war. + Section 2 Amendment of service relations + Article 54 (1) The personnel of the prison administration system, which has the status of civil servant with special status from the prison administration system, may be delegated by the Director General of the National Administration of Prisons or, where applicable, the directors of the units subordinated to it to perform certain activities in the interest of the unit where it is classified, in the same locality or in another locality, for a period of no more than 60 days in a year. (2) Civil servants with special status in the prison administration system may be delegated more than 60 days in a year, with their written consent. + Article 55 (1) Detachment of personnel from the prison administration system which has the status of civil servant with special status shall be ordered in the interest of the public institution in which it is to operate, located in the same locality or in another locality, for a period of no more than 6 months in a year. The posting for a period of more than 6 months may be ordered only with the written consent of the one concerned. (2) The temporary transition to another position may be ordered without the consent of the civil servant with special status in case of force majeure and as a measure of protection of the civil servant with special status. (3) Officers may be empowered in management positions in the unit in which they are assigned or in which they have been posted, the power of attorney may be made for a maximum period of 6 (six) months and may be extended, with the written consent of of them, according to the competences, with another 6 (six) months Officers shall benefit during that period from the salary for the position in which they are empowered and the driving allowance corresponding to that function. The officers empowered shall maintain their salaries for the function fulfilled and the driving allowances previously held, if they are higher than those of the office on which they are empowered. (4) Civil servants with special status may be changed from the positions held, within the same unit, upon request and may be appointed to other functions provided with the same ranking or lower coefficient, according to the methodology approved by order of the Minister of Justice + Article 56 Civil servants with special status definitively may be moved to other units of the prison administration system, upon request or in the interest of the service, with their consent, in the same times in another function provided with a ranking coefficient identical or inferior, according to the methodology approved by order of the Minister of Justice Civil servants with special status moved in the interest of the service benefit from the rights provided for in the salary law. + Article 57 ((1) Revocation from the position of management and appointment to another function shall be available if the conditions necessary for the performance of the management function are no longer met, by improper exercise of managerial duties regarding Effective organisation, behaviour and communication, accountability and managerial skills. (2) In order to verify the effective organization of the activity, the following criteria will be considered mainly: adequate and efficient use of human, material and financial resources, avoidance of losses, assessment of needs, management crisis situations, the ratio of resources invested-results obtained, information management, organization of professional training and improvement and burden-sharing. (3) In order to verify the conduct and communication, the conduct and communication with the subordinates, with persons in detention, with other persons or institutions with whom they come into contact, as well as with the the media, ensuring access to information of public interest and transparency of the driving act. (4) Upon verification of the assumption of responsibility will be considered, mainly, the way of carrying out the duties provided by law and regulations, the implementation of national and sequential strategies in the field and the way in which they are respected the rights of persons deprived of liberty and the other legal provisions concerning the execution of penalties. (5) In the verification of managerial skills will be considered, mainly, organizational capacity, rapid decision-making capacity, stress resistance, self-improvement, analysis capacity, synthesis, foresight, strategy and planning. short, medium and long term, the initiative and the ability to adapt quickly. (6) Against the order or decision to revoke from office you can complain to the competent court, according to the law. + Section 3 Making available, suspension from office and interruption of service relations + Article 58 (1) If against the civil servant with special status in the prison administration system was ordered to set in motion the criminal action, his maintenance shall be decided after the final settlement of the case, except the situation in which he has committed other disciplinary violations, when he operates the usual disciplinary procedure. (2) After the setting in motion of the criminal action or after its arraignment, the civil servant with special status in the prison administration system shall be made available. The civil servant with special status in the prison administration system provided shall perform only those tasks and duties established, in writing, by the head of the establishment and shall benefit from the corresponding money rights the professional degree that it has, at the basic level, and the other rights provided by this law. (3) During the period of preventive arrest and house arrest, the civil servant with special status in the prison administration system is suspended from office. (4) During the suspension, the civil servant with special status in the prison administration system does not benefit from any right of those provided by this law. (5) If the ranking was ordered, the waiver of the prosecution, the payment, the waiver of the sentence, the postponement of the application of the sentence, as well as in the case of termination of the criminal proceedings, the civil servant with special status in the system the prison administration will be reinstated in all previous rights, including the compensation of those it was deprived of during the making available, respectively of the suspension from office, according to the powers established by order of the Minister justice. + Article 59 Civil servants with special status, left unframed in positions from different non-imputable causes, are made available, according to the powers. During this period they benefit from the basic salary also had by the other money rights due for the activity carried out, except for the driving allowance, for the officers with management positions. The situation of officers and agents made available shall be resolved within 3 months. + Article 60 (1) The civil servant with special status in the prison administration system shall be suspended from office if he carries out union activity for which the suspension is provided for, under the law. (2) The service report shall be suspended at the initiative of the civil servant with special status from the prison administration system for carrying out an activity within international bodies or institutions. (3) The service report of the civil servant with special status may be suspended, by right or on request, in compliance with the provisions contained in the labor law. + Section 4 Termination of service relations + Article 61 Service relations of civil servants with special status shall cease by: a) resignation; b) transfer; c) dismissal from office; d) retirement, under the law; e) the attainment of the age provided 65 65 para. ((1) or (2); f) death; g) the abolition of the unit or its relocation to another locality, if the officer or agent does not accept to follow it; h) the reduction of the staff of the unit by the abolition of posts of the nature of the one occupied by the officer or agent in question, as a result of the reorganization, if he refuses the offer of the management of the passing unit i) revocation of the act of appointment, following the refusal of the swearing-in of the faith; j) as a result of the finding of nullity of the act of appointment, from the date of final stay of the court decision by which the nullity was found. + Article 62 (1) Civil servants with special status in the prison administration system may request, in writing, the termination of service relations by resignation. (2) The resignation shall take effect after 15 working days from the date of its registration, if the civil servant with special status in question and the director-general of the National Administration of Prisons or, as the case may be, the head of the Its subordination did not agree another shorter term. (. In the case of management positions, the resignation shall take effect after 30 working days from the date of its registration. (4) The civil servant with special status resigning is obliged to continue his activity until the end of the term provided in par. ((2) or (3), as applicable. (5) With the consent of the management of the National Administration of Prisons or, as the case may be, of the unit subordinated to it, the civil servant with special status in question may return to the resignation request, but only until the deadline which the resignation takes effect. + Article 63 Civil servants with special status may transfer or detach to other public institutions of defense, public order and national security of the state, in compliance with the legal regulations specific to the institution to which it requests its transfer detachment. + Article 64 (1) Civil servants with special status shall be dismissed from the functions they hold only in the following situations: a) are declared professionally professional, as civil servants with special status, debutants, or are noted with the rating "unsatisfactory", as civil servants with special status, definitively, under the conditions of this law; b) no longer meet the conditions provided in art. 11 lit. a) or d); c) have been convicted by final court decision for the commission of a crime or have been ordered to postpone the application of the sentence on them; d) they were applied the disciplinary sanction of dismissal from office. (2) Public servants with special status may be kept in business as civil servants with special status in the public offices they hold in the case when, for a crime committed at fault, the application of the sentence was ordered to be postponed, the suspension of the execution of the sentence, the punishment of the fine was imposed or benefited from amnesty or pardon before the start of the execution of the sentence and it is assessed that the act committed did not prejudice the prestige of the profession. The maintenance in the activity is available on the basis of the approval of the persons granting the professional degrees provided 26, on the proposal of the Director (3) With the date of approval of the maintenance (2), the civil servant with special status will be reinstated in the position previously held according to the powers of appointment. + Article 65 (1) Public servants with special status may not be kept in business and in office after reaching the age of retirement for the age limit of 55 years. (2) Exceptionally, civil servants with special status may be kept in activity and in office no more than 2 years above the age limit provided in par. (1), on request, if the state of health also allows them with the approval of the Minister of Justice, the Director General of the National Administration of Prisons or, as the case may be, the Director of + Article 66 Civil servants with special status are released from the positions they hold in cases of termination of service relations and change from office in the prison administration system. + Article 67 Against the order or decision to dismiss from office you can complain to the competent court, according to the law. + Chapter VI Liability of civil servants with special status + Section 1 General provisions + Article 68 (1) Violation with guilt by civil servants with special status in the prison administration system, regardless of the position or position they occupy, of their duties, including the norms of behavior, constitute disciplinary misconduct, if the facts do not attract criminal or contravention liability. (2) The criminal liability, contravention, civil or, as the case may be, patrimonial does not exclude disciplinary liability for the act committed, if through this service duties were also violated. + Section 2 Disciplinary misconduct + Article 69 Are disciplinary violations the following facts: a) the events affecting the prestige of the public authority or institution in which they operate; b) negligence and superficiality manifested in the performance of duties, legal provisions or those received from hierarchical heads or from the specific authorities authorized by law; c) repeated and unjustified delay in the performance of duties; d) exceeding the duties of service or the manifestation of improper behavior towards persons deprived of liberty, which is contrary to the law on the execution of penalties, or to other persons with whom they come into contact during the service; e) unmotivated absence or repeated delay at work; f) unjustified leaving of the workplace during working hours, likely to disrupt the work of the work compartment; g) the production of material damage to the unit of which it belongs to the National Administration of Prisons; h) violation of the rules on the confidentiality of i) non-compliance with the provisions of the j) illegal interference in the activity of another civil servant with special status; k) intervention to influence the resolution of an application on the satisfaction of any person's interests; l) non-compliance with provisions on incompatibilities, conflicts of interest and prohibitions; m) prohibition or prevention of the exercise of public freedoms and trade union rights of civil servants with special status in the prison administration system; n) the tolerant attitude of hierarchical leaders towards the commission of disciplinary violations by subordinates; o) performing during the working hours of activities that are not related to the duties of the service; p) non-compliance with the obligations provided 48. + Section 3 Disciplinary sanctions + Article 70 The disciplinary sanctions that may be applied to civil servants with special status are: a) written reprimand; b) the reduction of salary rights for the function fulfilled by 5-10% for a period of 1-3 months; c) deferral of advancement to professional degrees or higher positions, for a period of 1 to 2 years; d) the transition to a lower position up to at most the basic level of the professional degree held; e) revocation of the driving position; f) dismissal from the prison administration system. + Section 4 Procedure for applying disciplinary sanctions + Article 71 (1) In the individualization of the disciplinary sanction to be applied, account shall be taken of the causes and gravity of the disciplinary deviation, the circumstances in which it was committed, the degree of guilt and the consequences of the deviation, the general behavior in service of the author of the deviation as well as the existence of other disciplinary sanctions. (2) The disciplinary sanction may be applied only after the prior investigation of the act constituting the disciplinary misconduct committed by the civil servant with special status in question and his hearing by the commissions provided in art. 74. ((3) The hearing of the civil servant with special status shall be recorded in writing, under penalty of nullity. The refusal of the civil servant with special status to appear at the hearing or to sign a declaration regarding the imputed disciplinary misconduct shall be recorded in a minutes. In such cases, disciplinary sanction can be applied. (4) The disciplinary sanction shall apply within a maximum of 90 calendar days from the referral of the deviation, but not later than one year from the date of the commission of the act. + Article 72 Disciplinary sanctions provided for in art. 70 shall apply by the Minister of Justice, by the Director General of the National Administration of Prisons or, as the case may be, by the head of the unit subordinated to it, on the proposal of the discipline commission, depending on the competences 20. + Article 73 (1) The disciplinary sanction shall be applied by written decision, issued according to the competences provided in art. 72, which shall be communicated to the public official with special status sanctioned, within 5 days from the date of issue of the decision. (2) The civil servant with special status not satisfied with the sanction applied may appeal to the competent court, according to the law. + Article 74 (1) The discipline commissions shall be constituted in the Ministry of Justice, in the National Administration of Prisons and in each penitentiary unit and have the competence to carry out the investigation of the act constituting disciplinary misconduct and to propose, if the guilt is found, one of the disciplinary sanctions to be applied to the person concerned. The discipline commission of the Ministry of Justice, constituted by order of the Minister of Justice *), has the competence to investigate the acts committed by civil servants with special status within the Ministry of Justice and those committed by civil servants with special status appointed to positions of general manager, deputy director general, director of directorate and director of the prison administration system. The discipline commission of the National Prison Administration has the power to research the acts committed by civil servants with special status within the National Prison Administration and appointed officers in office. public management from prison units, except those in the competence of the discipline commission of the Ministry of Justice, and the discipline commissions constituted at the level of prison units have the competence to research acts committed by officers carrying out execution functions and agencies, assigned to the organization states of the prison unit. Note
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* *) See Order of Justice Minister no. 2.856/C/2004 for the approval of the Regulation on how to establish, organize and conduct the activity of the discipline commissions of the National Administration of Prisons and subordinate units, published in the Official Gazette of Romania, Part I, no. 1.099 of November 25, 2004, with subsequent amendments and completions.
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(2) The way of organizing and conducting the activity of the discipline commissions is established by order of the Minister of Justice *). Note
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* *) See Order of Justice Minister no. 2.856/C/2004 for the approval of the Regulation on how to establish, organize and conduct the activity of the discipline commissions of the National Administration of Prisons and subordinate units, published in the Official Gazette of Romania, Part I, no. 1.099 of November 25, 2004, with subsequent amendments and completions.
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------------- By CONSTITUTIONAL COURT DECISION no. 803 803 of 24 November 2015 , published in MONITORUL OFFICIAL no. 34 of 18 January 2016, the exception of unconstitutionality of the provisions art. 74 74 para. ((2) of Law no. 293/2004 on the Statute of civil servants with special status in the National Administration of Prisons, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. In conclusion, as of 18 January 2016, the provisions art. 74 74 para. ((2) of Law no. 293/2004 on the Statute of civil servants with special status in the National Administration of Prisons are suspended by law, and will cease their legal effects as of March 5, 2016, if the legislator does not intervene to modify Under attack. -------------
+ Section 5-a Radiation of disciplinary sanctions + Article 75 (1) The disciplinary sanctions provided for in art. 70 lit. a) and d) shall be removed by law within 6 months of application, if the officer or the sanctioned agent has not committed a disciplinary misconduct during this period. (2) The disciplinary sanctions provided for in art. 70 lit. b) and c) shall be removed from the right within 6 months from the expiry of the period for which they were applied, if the officer or the sanctioned agent has not committed a disciplinary misconduct during this period. (3) The disciplinary sanction provided for in art. 70 lit. e) shall be radiated by the right within the period provided for in 11 lit. g). (4) Radiation of disciplinary sanctions does not lead to the cancellation of their patrimonial effects. + Section 6 Property liability + Article 76 (1) The patrimonial liability of civil servants with special status in the prison administration system shall be committed in the following situations: a) for damages caused by guilt in the patrimony of the National Administration of Prisons or, as the case may be, of the units subordinated to it b) for the non-dismissal within the legal period of the amounts granted to him; c) for the non-dismissal within the legal term of the value of some goods received that were not due to him and which can no longer be returned in kind, as well as some services that were rendered unwelcome. (2) Repairing the damage to the National Administration of Prisons and prison units in the situations provided in par. (1) is ordered by the issuance by the Director General of the National Administration of Prisons or by the directors of the prison units of a imputation provision, within 30 days of the finding of the damage, or, as the case may be, by signing a payment commitment, according to the methodology established by order of the Minister of Justice. Against the provision of imputation the staff in question can apply to the competent administrative court, under the law. The right to issue the imputation provision is prescribed within 3 years from the date of the damage.
+ Chapter VII Transitional and final provisions + Article 77 (1) The maximum number of posts necessary for the prison administration system shall be established by Government decision, at the proposal of the Minister of Justice (2) The organization and structure of personnel in the prison administration system shall be approved by the Minister of Justice. This competence cannot be delegated to the Director General of the National Administration of Prisons. (3) The duties and competences of the personnel of the prison administration system shall be established by the records of the posts, drawn up in accordance with the provisions of this Law, of the Regulation on organization and functioning of the of Prisons *) and of the Regulation of prison units, approved by order of the Minister of Justice or, as the case may be, by decision of the Director General of the National Administration of Prisons. Note
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* *) See Order of Justice Minister no. 2.003/C/2008 for the approval of the Regulation on organization and functioning of the National Administration of Prisons, published in the Official Gazette of Romania, Part I, no. 603 603 of 13 August 2008, with subsequent amendments and completions.
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+ Article 78 In drafting the normative acts provided by this law or other normative acts in the field, it is mandatory to consult the representative trade union organizations in the prison administration system. + Article 79 (1) On the date of entry into force of this Law, the military ranks of the prison staff shall be equated to the professional ranks, with the maintenance of the previously earned rights, as follows: A. Officers: a) sub-inspector; b) lieutenant-inspector; c) captain-principal inspector; d) Major sub-inspector; e) lieutenant colonel-chief inspector; f) colonel-chief inspector; g) brigadier general-inspector general; h) Major General-Senior Inspector General; i) Lieutenant General-Chief Inspector General. B. Agents: a) military foreman cls. IV-a and sergeant major-agent; b) military foreman cls. III-a and plutonier-principal agent; c) military foreman cls. II and plutonier major-deputy chief agent; d) military foreman cls. I and adjutant plutonier-chief agent; e) main military foreman and chief adjutant plutonier-chief agent chief. (2) Military personnel who, on the date of entry into force of this law, are of a degree equal to or greater than that provided in art. 27 will be advanced in the professional degree next to the equivalent if the position he is assigned, in the state of organization and functioning, is provided with the professional degree superior to the one he has, was appreciated with the rating "very good" or "exceptional" and has not been tried on the board of honor or on the board. For the professional degree of inspector general it is necessary to pass the exam organized for this purpose. (3) Military cadres taken by the reorganization of the General Directorate of Prisons and units subordinated to it shall be placed in reserve, under the conditions Law no. 80/1995 on the status of military personnel, with subsequent amendments and completions, and are called civil servants with special status in the prison administration system. (4) Civil personnel, taken over by the reorganization of the General Directorate of Prisons and units subordinated to it, which has similar powers with the personnel provided in par. (3) and meets the conditions of this law will acquire the status of civil servant with special status in the prison administration system. (5) Staff appointed to public office will take the oath of allegiance, according to art. 19 19 para. ((1). + Article 80 (1) The personnel taken by the reorganization of the General Directorate of Prisons and of the units subordinated to it shall be appointed to positions equivalent to those previously held. (2) The staff provided in par. ((1) appointed to public offices, which does not meet the minimum conditions of studies provided for in art. 9 9 para. (1), shall benefit from a period of 5 years from the date of entry into force of this law for the completion of studies. If after the expiry of the 5-year period, civil servants with special status have not completed their studies necessary for equivalence in the professional degrees they have, prison officers will be assigned to professional categories and degrees. proper preparation, and prison agents will cease their service relationships. + Article 81 (1) The provisions of this Law shall also apply to civil servants with special status in the Ministry of Justice. (2) Civil servants with special status within the prison administration system may be transferred or posted to the Ministry of Justice. The posting shall be carried out on posts of civil servant with special status or on posts of a different nature, as appropriate, if the professional training corresponds to the duties and responsibilities of the office on which they are posted, with the preservation of salary as at the date of posting. If the salary rights corresponding to the position on which it is posted are higher, the staff benefit from these salary rights. (3) Civil servants with special status in the Ministry of Justice may be transferred or posted within the prison administration system. The posting shall be carried out on posts of civil servant with special status or on posts of a different nature, as appropriate, if the professional training corresponds to the duties and responsibilities of the office on which they are posted, with the preservation of salary as at the date of posting. If the salary rights corresponding to the position on which it is posted are higher, the staff benefit from these salary rights. + Article 82 (1) Military cadres passed in reserve, according to art. 79 79 para. ((3), may apply for registration with the state military pension * *), if they meet, cumulatively, the following conditions: Note
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** **) Law no. 164/2001 on state military pensions, republished in the Official Gazette of Romania, Part I, no. 748 of 14 October 2002, as amended and supplemented, was repealed by art. 196 lit. b) of Law no. 263/2010 on the unitary public pension system, published in the Official Gazette of Romania, Part I, no. 852 of 20 December 2010, with subsequent amendments and completions.
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a) have a working age of at least 20 years, of which at least 10 years as a military framework; b) are at least 45 years of age. (2) At the end of the activity, the staff provided in (1) has the right to recalculate the pension, under the law. (3) The establishment and payment of the state military pension shall be made by the specialized bodies, according to the law. (4) Retired military cadres according to par. (1) benefit from the aid that is granted according to the legal provisions applicable to military personnel from public national defence institutions, public order and national security, to their retirement.
+ Article 83 (1) The records of officers and agents in the prison administration system after the termination of service relations shall be established by order of the Minister of Justice. (2) The civil servant with special status is obliged, within 15 days from the date of termination of the service report, to present himself at the military center within which he resides, in order to be taken into account as a reservist with the specialty "penitentiaries", in relation to the military degree equivalent to the professional degree had at the time of termination of service relations. (3) Civil servants with special status shall take into account that reservists may be concentrated or mobilized to complete the staff of the units of the National Administration of Prisons, under the conditions provided by law. (4) The Ministry of Justice will initiate the procedure of concluding a protocol with the Ministry of National Defence for the establishment of the "prison administration system", the "penitentiary" specialty for prison officers and agents Passed in reserve with equivalent military degrees. The reserve classes are established by order of the Minister of Justice. + Article 84 It proclaims June 29 "Day of staff in the prison administration system." + Article 85 The conditions for the salary of civil servants with special status shall be established by special law *). Note
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* *) See Government Ordinance no. 64/2006 on the salary and other rights of civil servants with special status in the prison administration system, published in the Official Gazette of Romania, Part I, no. 747 of 1 September 2006, approved with amendments by Law no. 462/2006 , published in the Official Gazette of Romania, Part I, no. 1.000 of 14 December 2006, as amended.
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+ Article 86 (1) Until the entry into force of the law on the salary of civil servants with special status in the prison administration system, the legal provisions regarding the salary and other rights of military personnel from public defence, public order and national security institutions. (2) Legal provisions relating to the retirement of military personnel, established by Law no. 164/2001 **) on state military pensions, republished, with subsequent amendments and completions, remain applicable to civil servants with special status. ---------- **) See the footnote corresponding to the asterisk in art. 82 82 para. ((1). + Article 87 Civil servants with special status in the prison administration system continue to benefit from previously acquired rights, as well as those that will be established for staff in the national defence, public order and national security. + Article 88 (1) The clergy in the prison administration system shall, accordingly, be applicable to the provisions of the Law no. 195/2000 establishing and organizing the military clergy. (2) The clair in the prison administration system is assimilated to the professional ranks of the officers corresponding to the military ranks provided by Law no. 195/2000 , the salary and retirement rights being similar to those of civil servants with special status. + Article 89 The provisions of this law shall be completed, as the case may be, with the provisions of + Article 90 (1) Within 30 days from the date of entry into force of this Law, the Government shall adopt the decision on the organization, functioning and attributions of the National Administration of Prisons * **). Note
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***) See the footnote corresponding to the asterisk in art. 2 2 para. ((3).
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(2) Within 30 days from the entry into force of the Government decision provided in par. (1), the National Administration of Prisons will develop the deontological code of personnel from the prison administration system * ***), which is approved by order of the Minister of Justice. Note
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**** ****) See Order of Justice Minister no. 2.794/C/2004 for the approval of the Code of Ethics of Personnel in the Prison Administration System, published in the Official Gazette of Romania, Part I, no. 1.098 1.098 of 25 November 2004.
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(3) Until the entry into force of the Government decision provided in par. (1), the duties of the National Administration of Prisons are fulfilled by the General Directorate of Prisons. (4) The references to the "General Directorate of Prisons" contained in other normative acts are replaced by "National Administration of Prisons". (5) The references to professional degrees for civil servants with special status in the prison administration system contained in other normative acts are replaced by those provided in art. 9 9 para. ((2) of this Law.
+ Article 91 This law shall enter into force 90 days from the date of publication in the Official Gazette of Romania, Part I* ****). Note
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***** *****) Law no. 293/2004 was published in the Official Gazette of Romania, Part I, no. 581 581 of 30 June 2004.
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