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Law No. 248 Of 19 July 2013 (Republished) On The Organization And Functioning Of The Economic And Social Council)

Original Language Title: LEGE nr. 248 din 19 iulie 2013 (*republicată*) privind organizarea şi funcţionarea Consiliului Economic şi Social*)

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LEGE no. 248 248 of 19 July 2013 (** republished) (* updated *) on the organisation and functioning of the Economic and Social Council ((updated until 30 June 2016 *)
ISSUER PARLIAMENT




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** **) Republicated pursuant to art. IV of Law no. 222/2015 to amend and supplement Law no. 248/2013 on the organization and functioning of the Economic and Social Council, published in the Official Gazette of Romania, Part I, no. 567 567 of 29 July 2015, giving the texts a new numbering.
Law no. 248/2013 was published in the Official Gazette of Romania, Part I, no. 456 456 of 24 July 2013.
---------- + Chapter I General provisions + Article 1 (1) The Economic and Social Council is the advisory body of the Parliament and of the Government of Romania in the specialized fields established by this Law. (2) The Economic and Social Council is a public institution of national interest, tripartite, autonomous, constituted for the purpose of achieving the national tripartite dialogue between employers ' organizations, trade union organizations and representatives of associations and non-governmental foundations of civil society. + Article 2 (1) The Economic and Social Council is compulsorily consulted on draft normative acts initiated by the Government or legislative proposals of deputies or senators. The result of this consultation materializes in opinions on draft normative acts. (2) The specialized areas of the Economic and Social Council are: a) economic policies; b) financial and fiscal policies; c) labour relations, social protection, wage policies and equal opportunities and treatment; d) agriculture, rural development, environmental protection and sustainable development; e) consumer protection and fair competition; f) cooperation, liberal professions and self-employment; g) citizens ' rights and freedoms; h) health policies; i) policies in the field of education, youth, research, culture and sport. (3) The Economic and Social Council may self-report or be notified by any public authority or representative trade union or trade union organizations at national level, as well as by representatives of civil society on certain states, developments or economic-social events of national interest. (4) In the situations provided in par. (3), the Economic and Social Council issues points of view and recommendations that it communicates to the authorities, institutions or employers ' organizations, trade unions or civil society with attributions, competences or interests in the field. In the absence of a consensus between the parties represented in the Economic and Social Council, the technical secretariat shall, where appropriate, transmit the views or recommendations made by each party. + Article 3 (1) The Economic and Social Council has legal personality. (2) The headquarters of the Economic and Social Council is located in Bucharest. + Article 4 The Economic and Social Council is organized and operates according to the provisions of this law, as well as its own regulation of organization and functioning. + Chapter II Tasks of the Economic and Social + Article 5 The Economic and Social Council exercises the following tasks a) endorse the draft normative acts in the specialized fields provided in art. 2 2 para. (2), initiated by the Government, as well as the legislative proposals of the deputies and senators, inviting the initiators to debate the normative acts; b) elaborates, at the request of the Government, of Parliament or on its own initiative, analyses and studies on economic and social realities; c) signals to the Government or Parliament the emergence of economic and social phenomena that require the elaboration of new normative acts. + Article 6 (1) Initiators may participate in the debate of the draft normative act, both in the standing committees and in the Plenum of the Economic and Social Council, at the invitation of the Economic and Social Council (2) The opinion provided in art. 2 2 para. (1), in the situation in which it was issued under the law, or the points of view transmitted according to the provisions of par. (8) will necessarily accompany the draft normative act, until adoption. ((. The favourable opinions shall not be reasoned. (4) Opinions with comments and proposals shall include the full motivation of each objection or proposal. (5) Unfavourable opinions will necessarily include their motivation. ((6) The opinions shall be adopted by the vote of the plenum, by a majority of two thirds of the members of the Economic and Social Council. (7) If an opinion cannot be adopted under the conditions laid down in par. (3)-(6), the points of view of the parties referred to in art. 11 11 para. (2), expressed in the Plenum of the Economic and Social Council, or, as the case may be, expressed under the 19. (8) The opinion of the Economic and Social Council or the points of view of the parties shall be sent in writing to the initiator of the normative act, + Article 7 (1) In carrying out the duties provided in art. 5, the Economic and Social Council has the obligation to analyze the draft normative acts received and to submit its opinion within a maximum of 10 working days from the receipt of the request. (2) Overcoming the term provided in par. (1) entitles the initiator to transmit draft normative acts for adoption without the opinion of the Economic and Social Council, with the mention of this situation, according to the provisions of art. 5 lit. a). + Article 8 The Economic and Social Council establishes relations with national and international bodies and organizations in the social and economic fields. + Article 9 The Economic and Social Council analyses and proposes measures to improve the application of international agreements and conventions to which Romania is a party, as well as assistance programs initiated by international bodies specialty, from its own field of activity. + Chapter III Organization and functioning of the Economic and Social + Section 1 Structure of Economic and Social Council + Article 10 The functioning of the Economic and Social Council is ensured by a) plenary; b) the executive office; c) President and Vice-Presidents; d) standing specialist committees; e) technical secretariat. + Section 2 Plenary of the Economic and Social Council + Article 11 (1) The plenum of the Economic and Social Council is constituted by a number of 45 members, including the President and Vice-Presidents. (2) The appointment of the members of the Plenum of the Economic and Social Council shall be a) 15 members appointed by the representative employers 'confederations at national level, constituting the employers' part; b) 15 members appointed by the representative trade union confederations at national level, constituting the trade union party; c) 15 members, representing associative structures of civil society, appointed by decision of the Prime Minister, at the proposal of the Ministry of Labour, Family, Social Protection and Elderly. Civil society representatives will be proposed, according to the European Economic and Social Committee, of the following civil society structures: human rights organisations, including women's, youth and children's rights; organizations resource centers; organizations in the field of health and people with disabilities; organizations for social services and poverty eradication; environmental organizations and rural issues; academic, professional associations, for consumer protection; social economy organisations; cooperative organizations of liberal professions; farmers ' organizations; retirement organizations; organizations of local communities and other non-governmental organizations with activities in the areas of competence of the Economic Council and Social. (3) Each trade union and employers ' confederation representative at national level has a place in the Plenum of the Economic and Social Council. The distribution of the other available places, up to the competition of the number of 15 seats, is by consensus. If the consensus is not achieved, the distribution shall be by vote, within each party, by a majority of 3/4 of the total number of organisations constituting that part. ---------- Alin. ((3) of art. 11 11 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 30 30 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. ((3 ^ 1) In case of non-realization of the consensus nor of the majority of voting provided in par. (3) at least 15 days before the end of the term of office of the plenum in operation, within each party, each trade union and employers ' confederation at national level shall receive by right a second place in the Plenum of the Economic Council and Social. The distribution of the other available places, up to the competition of the number of 15 seats, is by consensus. ---------- Alin. (3 ^ 1) of art. 11 11 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 30 30 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. (4) In the absence of a vacancy, a new employers 'confederation, namely trade union, recognized as representative at national level, will occupy a place vacated by the employers' confederation, namely trade union, which holds the most seats, and, in case of parity, by drawing lots between the employers ' confederations, namely trade unions, which hold at least two places in the Economic and Social Council. The procedure shall be established by its own rules of organisation and operation so that between the date of application submitted by the newly recognised confederation as representative at national level and the date of validation of the member proposed by the confederation no longer passes a lot of 30 days. + Article 12 Each employers ' confederation and representative trade union at national level, as well as each civil society organization, which holds one or more seats in the Plenum of the Economic and Social Council, nominates the person or persons, after case, which is to represent it within the Plenum of the Economic and Social Council. + Article 13 (1) The persons fulfilling the following conditions may acquire the membership of the Plenum of the Economic and Social Council: a) are designated in writing by the organizations represented in the Economic and Social Council; b) have full exercise capacity; c) have no criminal record; d) they did not make political police. (2) Persons nominated and who are born before January 1, 1976 will give a declaration on their own responsibility, according to the criminal law, in the sense that they have either not been the worker of the Securitate or its collaborator, written in accordance with the model set out in Government Emergency Ordinance no. 24/2008 on access to your own file and the disclosure of Security, approved with amendments and additions by Law no. 293/2008 ,, as amended. + Article 14 The membership mandate of the Plenum of the Economic and Social Council is 4 years and can be renewed. + Article 15 (1) The organizations represented shall submit to the Economic and Social Council the list of appointed members, at least 30 days before the expiry of the mandate of the members. (2) The meeting of establishment of the new plenary shall be convened by the Secretary General of the Economic and Social Council, 5 days before the expiry of the mandate of the members in the activity. (3) The validation of the new members of the plenum is made individually, by verifying the fulfilment of the legal conditions by the technical secretariat, as the documents provided in art. 13. (4) If a member appointed does not meet the conditions laid down in art. 13, the organization that appointed him is expected to make another proposal. (5) If the new plenary has not been constituted by the end of the term of office of the plenum in operation, the Secretary-General of the Economic and Social Council shall have the obligation, after verifying and validating at least 24 members, 8 members on each side, to convenes the first meeting of the new plenary, within a period not exceeding 15 calendar days. + Article 16 (1) The plenum of the Economic and Social Council shall be deemed to be legally constituted at the date of validation of at least 24 members, provided that each party is represented by at least 8 persons. ((2) Abrogat. ---------- Alin. ((2) of art. 16 16 has been repealed by section 6.6. 3 3 of art. I of EMERGENCY ORDINANCE no. 30 30 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. + Article 17 (. The membership of the Plenum of the Economic and Social Council shall cease in the following situations a) upon expiry of the mandate b) in case of death; c) in case of resignation; d) as a result of the prohibition, by final decision, of the right to occupy a position or to exercise a profession or to carry out an activity of the nature of which was used for the commission of the crime; e) in the event that the employers ' confederation, the trade union confederation or the Prime Minister, who appointed him, calls for his revocation; f) if it no longer meets the condition provided for in art. 13 lit. b); g) in a situation where the employers ' confederation or trade union confederation which has appointed it loses its status as a representative confederation at national level. (2) The procedure for revocation of the membership of the Plenum of the Economic and Social Council shall be established by the organization and functioning + Article 18 (1) The plenum of the Economic and Social Council shall meet weekly or whenever necessary, at the convocation of the President. ((. The plenary shall also meet in extraordinary sessions, at the request of the executive office or at least one third of the members. + Article 19 (1) The plenary shall be carried out in the presence of at least 24 members. If the quorum condition is not fulfilled, and the convocation has been carried out regularly, the present members of the plenum formulate points of view that will be recorded as points of view of the parties. The views of the parties shall be adopted by majority vote simple on each side with the recording of the observations made by the members of the parties and shall be transmitted to the initiator of the normative act according to 6 6 para. ((7) and (8). (2) The work of the plenum shall be carried out in public meetings, unless expressly established by the Executive Office. + Article 20 The plenary provides the general leadership of the Economic and Social Council and has the following main tasks: a) endorses draft normative acts; b) choose, on the proposal of the parties, the c) validate a vice president proposed by each party and the members of the executive office, also proposed by each party; d) adopt own rules of organisation and operation; e) establish the composition of the permanent specialized commissions; f) approve the own project of the revenue and expenditure budget, as well as the report on budget implementation; g) debate and adopt the proposals for decisions drawn up by the specialized committees; h) appoints the Secretary General of the Economic and Social Council + Article 21 (1) In the exercise of his duties provided in art. 20 lit. b)-h), the Plenum of the Economic and Social Council adopts decisions, by consensus of the (2) If the consensus is not achieved, the decisions shall be adopted by vote, by a majority of three-fourths of the members of the Plenum of the Economic and Social Council present. + Section 3 Executive Office + Article 22 (1) The Executive Office of the Economic and Social Council is composed of the President, the 3 Vice-Presidents and one member from each party designated according to the provisions of art. 20 lit. c). (2) The position of president shall be ensured by rotation on each side during the term of office established in art. 23 23 para. ((2). The replacement of the President, before the deadline, shall be made for the remainder of the term. (3) The Executive Office of the Economic and Social Council shall ensure the management of the plenary session. (4) The tasks and manner of work of the executive office are established by the regulation of organization and functioning of the Economic and Social Council. + Section 4 President and Vice-Presidents + Article 23 (1) The President of the Economic and Social Council is elected on the proposal of the parties by the vote of the plenum, among its members, by a majority of three-fourths of the total number of members of the (2) The mandate of the President of the Economic and Social Council is 4 years. (3) The mandate of the President of the Economic and Social Council in office shall cease on the date of establishment of the new plenary and/or under the conditions provided in 17 17 para. ((1). (4) The position of President of the Economic and Social Council is assimilated from the point of view of the exhortation of the Minister, and the position of Vice President of the Secretary of State. (5) The President of the Economic and Social Council is the principal authorising officer. + Article 24 The President of the Economic and Social Council shall: a) represents the Economic and Social Council before the Parliament, the Government and other public authorities, as well as in relations with third parties on the basis of a mandate approved by the Plenum of the Economic and Social Council; b) sign the acts of the Economic and Social c) hires and, as the case may be, appoints, according to the law, the staff of the apparatus d) exercise any other duties incumbent upon him according to the law or the decisions of the + Article 25 The duties of the Vice-Presidents of the Economic and Social Council shall be established by the Organization and + Section 5-a Specialist committees + Article 26 (1) The specialized committees are the structures of the Economic and Social Council that analyze the problems specific to the fields of activity for which they are constituted and which propose to the plenum measures to solve them. (2) In the specialized committees, the draft normative acts submitted by the initiators are analyzed and draft opinions that will be submitted to the debate of the Plenum of the Economic and Social Council are elaborated. (3) The specialized committees are headed by a president, appointed by annual rotation by each party. The President of the Commission shall be elected in the case of each party by vote, in accordance with a procedure established by its own rules of organisation (4) The chairman of the specialized committee shall determine the working hours and the issues to be debated and shall propose to the members of the commission by vote. + Article 27 (1) In the structure of the Economic and Social Council, permanent or temporary specialized commissions are organized. (. The following shall be the following: a) the Committee on Economic Development, Competitiveness and Business Environment; b) the Commission for citizens ' rights and freedoms, equal opportunities and treatment; c) Commission for labour relations, wage policy, social inclusion, social protection and health; d) Committee on Agriculture, Rural Development, Environmental Protection and Sustainable Development; e) the Committee on Education, Youth, Sport, Research, Vocational Training and Culture; f) the Commission for consumer protection and fair competition; g) Commission for cooperation, liberal professions and self-employment; h) Commission on rights and freedoms of civil society organisations; i) Commission for public administration and public policy. + Article 28 Through its own organization and functioning regulation, temporary specialized commissions can be set up to solve problems that arise in specific areas of activity. + Article 29 (1) The number of members of the permanent or temporary specialized committees of the Economic and Social Council is at least 5, distributed according to the agreement of the parties (2) Up to the competition of the number of 5 members of each committee, the parties shall designate as members of the committees experts in its field of activity. In this case, the procedure for appointing experts shall be established by the Organization and Functioning Regulation of the Economic and Social Council. + Article 30 The working procedure of the permanent specialized committees is established by the organization and functioning regulation of the Economic and Social Council. + Section 6 Technical Secretariat + Article 31 (1) In the structure of the Economic and Social Council operates a technical secretariat, which is the specialized and technical-administrative working apparatus. (2) Within the technical secretariat, departments and other functional structures may be established, according to the organizational structure approved by the Plenum of the Economic and Social Council. (3) The technical secretariat of the Economic and Social Council is headed by a general secretary, appointed by the Plenum of the Economic and Social Council according to art. 20 lit. h), its duties being established by law and by its own regulation of organization and functioning. (4) The position of Secretary-General shall be incompatible with the membership of the Economic and Social Council. (5) The position of secretary-general shall be assimilated from the point of view of the salary of the secretary-general in the ministry. + Chapter IV Other provisions + Article 32 The appointment of members to the European Economic and Social Committee shall be as follows: a) 5 members appointed by consensus or, in case of disagreement, by majority simple vote by each party represented in the Economic and Social Council; b) if the appointment is not made at least 30 days before the deadline provided for the nomination of representatives in the European Economic and Social Committee, the appointment will be made by the Government. + Article 33 (1) The Economic and Social Council has its own budget, which is part of the state budget. (2) For the work carried out, members of the permanent specialized committees, who do not have the membership of the Economic and Social Council, are entitled to a monthly allowance in the amount of 10% of the amount of the allowance established for president. (3) For the work carried out, the members of the Plenum of the Economic and Social Council receive a monthly allowance in the amount of 20% of the amount of the allowance set (4) The draft budget of the Economic and Social Council is approved by the Plenum of the Economic and Social (5) For the organization and functioning of the Economic and Social Council, the funds related to the following categories of expenditure shall be allocated from the state budget: a) current expenses and capital expenditures; b) the related allowances and social contributions for the members of the Plenum and those of the Executive Office of the Economic and Social Council, as well as for members of the permanent specialist committees who do not have the membership of the Council Economic and Social; c) payment of annual contributions due to international organizations to which the Economic and Social Council is affiliated; d) the amounts necessary to carry out the analyses and studies provided for by the Economic and Social Council 5 lit. b); e) the amounts necessary to pay the external collaborators of the Economic and Social Council (6) The Economic and Social Council may receive donations and sponsorships under the law. (7) The Economic and Social Council may apply as a beneficiary for accessing grants. (8) The non-reimbursable funds accessed may be used to increase the number of external collaborators and for the activities referred to in art. 5. (9) The allowances of the members of the specialized committees and collaborators can be completed from European funds. + Article 34 The staff of the Economic and Social Council is contractual and has the following a) specialist and technical-administrative staff; b) experts of the standing specialist committees. + Article 35 If the members of the Plenum of the Economic and Social Council or of the permanent or temporary specialist committees move in the interest of the service, in the country or abroad, they may benefit from the delegation rights provided by the legislation in force for staff in the budget sector, within the budget and with the approval of the Economic and Social Council Plenum + Article 36 (1) For the elaboration of studies in the economic-social field established by the plenary, the Economic and Social Council may use external collaborators-teachers from higher education, scientific researchers, magistrates or other specialists, under the law. (2) The amount of the amounts due to external collaborators shall be determined by direct negotiation, in relation to the complexity and importance of the work to be elaborated, without being able to exceed, monthly, the maximum basic salary established by law for the function by the IA degree at the Economic and Social Council. + Article 37 The specialized and technical-administrative staff operate within the technical secretariat of the Economic and Social Council and fall under the law. + Chapter V Transitional and final provisions + Article 38 On the date of entry into force *) of this Law, Title V is repealed, consisting of art. 82-119, of the Social Dialogue Law no. 62/2011 , republished in the Official Gazette of Romania, Part I, no. 625 of 31 August 2012, as amended. Note
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*) The present law was published in the Official Gazette of Romania, Part I, no. 456 456 of 24 July 2013.
---------- NOTE: We reproduce below art. II and III of Law no. 222/2015 to amend and supplement Law no. 248/2013 on the organisation and functioning of the Economic and Social "" Art. II. -Within 30 days from the date of entry into force of this Law, the mandates of the members of the Plenum of the Economic and Social Council will be reconfirmed until the original mandate expires and the validation of the new members, under the conditions art. 15 15 of Law no. 248/2013 on the organization and functioning of the Economic and Social Council, with the amendments and completions brought by this law Art. III. -Within 30 days from the entry into force of this Law, the own Rules of Organization and Functioning of the Economic and Social Council, provided for in art. 4 4 of Law no. 248/2013 on the organization and functioning of the Economic and Social Council, will be updated by the Plenum of the Economic and Social Council according to the amendments and completions brought by this Law. ------