Advanced Search

Law No. 340 Of 12 July 2004 On Prefects

Original Language Title:  LEGE nr. 340 din 12 iulie 2004 privind instituţia prefectului

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 340 340 of 12 July 2004 (** republished) (* updated *) on the prefect and the prefect's institution *) ((updated until 6 October 2009 *)
ISSUER PARLIAMENT




---------------- ** **) Republicated pursuant to the provisions art. V of Government Emergency Ordinance no. 179/2005 to amend and supplement Law no. 340/2004 on the prefect's institution, published in the Official Gazette of Romania, Part I, no. 1.142 of 16 December 2005, approved with amendments and additions by Law no. 181/2006 , published in the Official Gazette of Romania, Part I, no. 450 of 24 May 2006, giving the texts a new numbering. Law no. 340/2004 was published in the Official Gazette of Romania, Part I, no. 658 658 of 21 July 2004 and subsequently amended by Law no. 262/2007 to amend and supplement Law of Administrative Litigation no. 554/2004 , published in the Official Gazette of Romania, Part I, no. 510 510 of 30 July 2007. + Chapter I General provisions General provisions + Article 1 (1) The Prefect is the representative of the Government locally. (2) The government appoints a prefect in each county and in Bucharest, at the proposal of the Minister of Interior and Administrative Reform. (3) The Prefect is the guarantor of compliance with the law and public order at local level. (4) The ministers and heads of the other central public administration bodies subordinated to the Government may delegate to the prefect some of their powers of management and control regarding the activity of the devolved public services subordinate. (5) The tasks that may be delegated according to par. (4) shall be established by Government decision * *). ----------- ** **) See Government Decision no. 460/2006 for the application of provisions of Law no. 340/2004 on the prefect and the prefect's institution, published in the Official Gazette of Romania, Part I, no. 363 363 of 26 April 2006. + Article 2 (1) For the exercise by the prefect of his prerogatives according to the Constitution and other laws, the prefect's institution shall be organized and operated, under the direction of the prefect. (2) The Prefect's Institution is a public institution with legal personality, with its own patrimony and budget. (3) The Prefect is a tertiary authorising officer. (4) The organizational structure and functioning of the prefect's institution shall be established by Government decision *). ----------- * *) See Government Decision no. 460/2006 , published in the Official Gazette of Romania, Part I, no. 363 363 of 26 April 2006. + Article 3 (1) The headquarters of the prefect's institution, called the prefecture, is in the county seat municipality, in a public property building of the state, county or municipality, as the case may be. (2) For the city of Bucharest, respectively Ilfov county, the headquarters of the prefect's institution is in Bucharest. + Article 4 (1) The Prefect leads the devolved public services of ministries and other bodies of central public administration subordinated to the Government, organized at the level of administrative-territorial units. (2) List of deconcentrated public services provided in par. (1) is approved and updated on the proposal of the Minister of Interior and Administrative Reform, by decision of the Prime Minister. + Article 5 The activity of the prefect is based on the principles: a) legality, impartiality and objectivity; b) transparency and free access to information of public interest; c) efficiency; d) responsibility; e) professionalisation; f) orientation to the citizen. + Article 6 (1) The legal capacity of the public law of the prefect's institution shall be exercised exclusively by the prefect. (2) The exercise of the rights and the assumption of civil obligations of the prefect's institution shall be carried out by the prefect or by a specific person designated by his order. + Article 7 (1) The activity of the prefect's institution is financed from the state budget, through the budget of the Ministry of Interior and Administrative Reform, and from other legally constituted sources. (2) The Prefect's Institution may benefit from programs with international funding. + Article 8 (1) The heads of the devolved public services of the ministries and other bodies of the central public administration subordinated to the Government have the obligation to transmit the draft budget to the prefect. The prefect's opinion on the draft budget shall be submitted to the head of the hierarchical institution superior to the public (2) The financial statements regarding the implementation of the budget, drawn up by the devolved public services of the ministries and other bodies of the central public administration subordinated to the Government, shall be transmitted to the prefect for approval. The Prefect's opinion on the financial statements shall be submitted to the head of the hierarchical institution superior to the (3) The prefect's opinions provided in par. ((1) and (2) are advisory. + Article 9 (1) For the performance of his duties and prerogatives according to the law, the prefect is helped by 2 sub-prefects. The Prefect of Bucharest is helped by 3 sub-prefects. (2) The duties of the sub-prefect shall be determined by Government decision *). ----------- * *) See Government Decision no. 460/2006 , published in the Official Gazette of Romania, Part I, no. 363 363 of 26 April 2006. + Article 10 The Prefect and the sub-prefect belong to the category of senior civil servants. + Article 11 Between prefects, on the one hand, local councils and mayors, as well as county councils and their presidents, on the other hand, there are no reports of subordination. + Chapter II Rights and duties of prefects and sub-prefects Rights and duties of prefects and sub-prefects + Article 12 (1) The prefects and sub-prefects who do not own a personal property dwelling in the county seat municipality in which they were appointed benefit from an installation allowance equal to 3 gross basic salaries, as well as the service dwelling corresponding, under the law, on the basis of a lease, during the performance of the position. (2) In the situation referred to in par. (1) the expenses regarding the rent of the service dwelling, those for the transport of prefects and sub-prefects and their families, when moving to the locality where the prefect's institution is based, and those of installation are borne from the prefect's institution budget. (3) The contract for the rental of the service dwelling ends during the exercise of the position of prefect, respectively by the sub-prefect. At the time of termination of the position of prefect, respectively by the sub-prefect, the lease contract ceases by law. + Article 13 Prefects and sub-prefects are not entitled to strike. + Article 14 Prefects and sub-prefects cannot set up their own trade union organizations. + Article 15 Prefects and sub-prefects have the obligation to inform the management of the Ministry of Interior and Administrative Reform whenever they travel outside the county. + Article 16 As a representative of the Government, the prefect in office is awarded military honors, under the conditions established by the specific regulations, on the occasion of the military ceremonies organized at the county level. + Article 17 The prefect and the sub-prefect cannot be members of a political party or an organization to which the same legal regime as political parties is applicable, according to the law, under the sanction of their dismissal from public office. + Article 18 The Prefect and the sub-prefect respond, as the case may be, to disciplinary, administrative, civil or criminal for the acts committed in the exercise of their duties, under the law. + Chapter III Prefect's duties Prefect's duties + Article 19 (1) As a representative of the Government, the prefect shall perform the following main tasks: a) ensure, at the level of the county or, as the case may be, of the city of Bucharest, the application and observance of the Constitution, laws, ordinances and decisions of the Government, other normative acts, as well as public order; b) act for the realization in the county, respectively in the city of Bucharest, of the objectives contained in the governing program and order the necessary measures for their performance, in accordance with the powers and duties c) act to maintain the climate of social peace and permanent communication with all institutional and social levels, paying constant attention to the prevention of social tensions; d) collaborate with local public administration authorities to determine territorial development priorities; e) verify the legality of the administrative acts of the county council, the local council or the mayor; f) ensure, together with the competent authorities and bodies, the carrying out, under the conditions established by law, of emergency preparedness and intervention measures; g) has, as chairman of the County Emergency Committee, the necessary measures to prevent and manage them and uses in this regard the special amounts provided for in the own budget with this destination; h) uses, as head of civil protection, the special funds allocated from the state budget and the logistic intervention base in crisis situations, in order to carry out this activity in good conditions; i) order the appropriate measures to prevent crimes and defend the rights and safety of citizens, through the authorized legal bodies; j) ensure the implementation of the European integration measures plan; k) has measures to implement national policies decided by the Government and European integration policies; l) decide, under the law, cooperation or association with similar institutions in the country and abroad, in order to promote common interests; m) ensures the use, under the law, of the mother tongue in the relations between citizens belonging to national minorities and public services devolved in administrative-territorial units in which they have a share of more than 20%. (2) The Prefect also performs other duties provided by law and other normative acts, as well as the tasks established by the Government. + Article 20 The Prefect may check the measures taken by the mayor or the president of the county council in their capacity as state representatives in the administrative-territorial unit and may refer the competent bodies to establish the measures necessary, under the law. + Article 21 (1) From the competition commission for the position of the head of a deconcentrated public service, a representative of the prefect's institution of the county in which the public service is based, designated by order of Prefect, under the law. (2) The Prefect may propose to the ministers and heads of the other bodies of the central public administration organized at the level of administrative-territorial units sanctioning the heads of the public services to them. + Article 22 (1) In each county operates a prefectural college composed of prefect, sub-prefects and heads of the devolved public services of ministries and other central public administration bodies subordinated to the Government, which have headquarters in the respective county. (2) Other persons whose presence is deemed necessary may be invited to the works of the prefectural college. (3) The prefectural college shall be convened by the prefect at least once a month and at any time shall be deemed necessary. (4) The tasks of the prefectural college concern the harmonization of the activity of the devolved public services that are based in that county, as well as the implementation of the programs, policies, strategies and action plans the county or its localities and will be regulated by Government decision *). --------- * *) See Government Decision no. 460/2006 , published in the Official Gazette of Romania, Part I, no. 363 363 of 26 April 2006. + Article 23 (1) The Prefect may request the Mayor or the President of the County Council, as the case may be, to convene an extraordinary meeting of the local council, the county council or the General Council of Bucharest Municipality in cases requiring the adoption of immediate measures to prevent, limit or eliminate the consequences of calamities, disasters, fires, epidemics or epizootic diseases, as well as to defend public order and tranquility. (2) In case of force majeure and of maximum urgency to resolve the interests of the inhabitants of the administrative-territorial units, the prefect may request the immediate convocation of the local council, the county council or the General Council of Bucharest Municipality. + Article 24 In emergency or crisis situations the military authorities and local bodies of the Ministry of Interior and Administrative Reform have the obligation to inform and support the prefect for solving any problem that endangers or affects the safety of the population, goods, values and the environment. + Article 25 In order to carry out its duties, the prefect requests public institutions and local public administration authorities for documentation, data and information, and they are obliged to provide them with speed and free of charge. + Chapter IV Prefect's Acts Prefect's Acts + Article 26 (1) For the performance of his duties, the prefect issues orders of an individual or normative nature, under the law. ((2) The orders establishing technical or specialized measures are issued after consulting the head of the devolved public services of the ministries and other central public administration bodies under the Government, organized at the level of administrative-territorial units. (3) The normative orders issued by the prefect shall be published, according to the law. + Article 27 (1) The prefect's order, which contains normative provisions, becomes enforceable only after it has been brought to public knowledge. The prefect's order, with an individual character, becomes enforceable from the date of communication to interested persons. (2) The orders issued by the prefect as chairman of the County Emergency Committee produce legal effects from the date of their bringing to the attention and are enforceable. (3) The orders of a normative nature shall be communicated immediately to the Ministry of Interior and Administrative Reform. (4) The Ministry of Interior and Administrative Reform may propose to the Government the cancellation of orders issued by the prefect, if they consider them unlawful or non-financial. + Article 28 (1) The prefects are obliged to communicate the orders issued according to art. 26 26 para. (2) the head of the hierarchical institution superior to the public service. Ministries and other bodies of the central public administration may propose to the Government measures to cancel orders issued by the prefect, if they consider them unlawful. (2) The Prefect may propose to the ministries and other bodies of the central public administration measures to improve the activity of the devolved public services, organized at the level of administrative-territorial units + Article 29 The ministries and other bodies of the central public administration are obliged to communicate immediately to the prefects the normative acts issued in the field of activity of the devolved public services. + Chapter V Prefect's chancellery and prefectural offices Prefect's chancellery and prefectural offices + Article 30 (1) Within the prefect's institution the prefect's chancellery is organized and operated. (2) The Prefect's Chancellery is a distinct organizational compartment, which includes the following specific specialized execution functions: the director of the chancellery, counselor, consultant and secretary of the chancell ------------- Alin. ((2) of art. 30 30 has been amended by section 1 1 of art. XI of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. (2 ^ 1) The maximum number of posts in the prefect's chancellery is 4. ------------- Alin. (2 ^ 1) of art. 30 30 has been introduced by section 2 2 of art. XI of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. (3) The position of secretary of the chancellery is assimilated from the point of view of the salary with the position of head of cabinet. They can be appointed as secretary of the chancellery people with higher or middle education, under the law. (4) The staff of the prefect's chancellery shall be appointed or relieved of office by the prefect. (5) The staff of the prefect's chancellery operate on the basis of an individual employment contract concluded, under the law, during the exercise of the public office by the high public official. (6) The activity of the prefect's chancellery is coordinated by the director, who responds to the prefect in this regard. (7) The salary of the staff of the prefect's chancellery is made according to Annex no. I- Head. II lit. B-to Government Ordinance no. 9/2005 on the salary increases that will be granted in 2005 to the appropriate salary staff Government Emergency Ordinance no. 24/2000 on the system for the establishment of basic salaries for contract staff in the budgetary sector and in the salary of staff in accordance with Annexes no. II and III to Law no. 154/1998 on the system for the establishment of basic salaries in the budgetary sector and allowances for persons occupying public dignity functions, approved with amendments and additions by Law no. 112/2005 ,, as amended. + Article 31 (1) The Prefect may organize, by order, within the number of posts and funds approved annually, prefectural offices. In Bucharest, prefectural offices can be organized in each sector. (2) The order of the prefect of establishment and organization of the prefectural offices shall be issued only with the assent of the Ministry of Interior and Administrative Reform. (3) The prefectural offices are an integral part of the prefect's institution. ((4) By way of derogation from provisions art. XVI para. ((2) of Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignity, public functions and in the business environment, prevention and sanctioning of corruption, with subsequent amendments and completions, prefectural offices are led by a head of the prefectural office. (5) The head office of the prefectural office shall be equivalent to the position of Executive Director. (6) The appointment, modification, suspension and termination of the service report of the head of the prefectural office shall be made by the prefect, under the law. + Chapter VI Transitional and final provisions Transitional and final provisions + Article 32 Art. 7, 8 and 17 shall apply from 1 January 2006. + Article 33 The provisions of this Law shall be completed Law no. 188/1999 * *) on the Statute of civil servants, republished, and of Local public administration law no. 215/2001 ** **), republished. ------------- * *) Law no. 188/1999 on the Statute of Civil Servants was republished in the Official Gazette of Romania, Part I, no. 365 365 of 29 May 2007. ** **) Local Public Administration Law no. 215/2001 was republished in the Official Gazette of Romania, Part I, no. 123 123 of 20 February 2007 and has been amended and supplemented by Government Emergency Ordinance no. 20/2008 on certain measures for the organization and conduct of elections for local public administration authorities, published in the Official Gazette of Romania, Part I, no. 177 177 of 7 March 2008, and by Law no. 35/2008 to elect the Chamber of Deputies and the Senate and to amend and supplement Law no. 67/2004 for the election of local public administration authorities, Local public administration law no. 215/2001 and a Law no. 393/2004 on the Statute of local elected officials, published in the Official Gazette of Romania, Part I, no. 196 196 of 13 March 2008. + Article 34 On the entry into force of this Law, the provisions of art. 26 and 27, those of section 1 "Prefect of the County and Bucharest Municipality" of the head. VIII "Prefect" and the art. 154 154 para. (2) of the Local Public Administration Law no. 215/2001 , published in the Official Gazette of Romania, Part I, no. 204 204 of 23 April 2001, as amended and supplemented * **), and any other provisions to the contrary shall be repealed. ----------- ***) Provisions of art. 26 and 27, those of section 1 "Prefect of the County and Bucharest Municipality" in the head. VIII "Prefect" and art. 154 154 para. (2) were repealed on the date of entry into force of this Law and before the Republic Local public administration law no. 215/2001 in the Official Gazette of Romania, Part I, no. 123 123 of 20 February 2007. NOTE: We reproduce below the provisions art. II-IV of Government Emergency Ordinance no. 179/2005 not incorporated in the republished text of the Law no. 340/2004 and which continue to apply as own provisions of the Government Emergency Ordinance no. 179/2005 : "" Art. II. -The public functions of prefect and sub-prefect are not applicable to the provisions art. XVI para. ((4) * ***) of Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignity, public functions and in the business environment, prevention and sanctioning of corruption, with subsequent amendments and completions. ------------ **** ****) Alin. ((4) art. XVI of Law no. 161/2003 , as amended and supplemented, was repealed by Law no. 251/2006 to amend and supplement Law no. 188/1999 on the Statute of civil servants, published in the Official Gazette of Romania, Part I, no. 574 574 of 4 July 2006. Art. III. -(1) The prefects in office on the date of entry into force of this emergency ordinance, as well as those who will occupy the remaining vacancies after the date of entry into force of this emergency ordinance and until December 31, 2005 may be appointed in public functions of prefect following the promotion of an attestation examination on the post. (2) Subprefects according to the date of entry into force of this emergency ordinance, as well as those who will occupy the remaining vacancies after the date of entry into force of this emergency ordinance and until December 31, 2005 may be appointed in public functions of sub-prefect following the promotion of an attestation examination on the post. (3) I can participate in the attestation exam on the post and can occupy the public functions under the conditions provided in par. ((1) and (2) persons meeting the conditions laid down in art. 15 15 *) of Law no. 188/1999 on the Statute of civil servants, republished, with subsequent amendments, except those provided for in lett. c)-e). ----------- * *) Law no. 188/1999 was subsequently republished in the Official Gazette of Romania, Part I, no. 365 of May 29, 2007, and the old art. 15 has become art. 16. (4) Persons who do not pass the attestation exam on the post, under the law, will be released from their positions. (5) The appointment of persons referred to in par. ((1) and (2) shall be made from 1 January 2006. (6) The conditions of organization and conduct of the attestation examination on the post shall be established by Government decision, at the proposal of the National Agency of Public Servants. (7) The post attestation examination is managed by the commission for the recruitment of senior civil servants appointed by decision of the Prime Minister. Art. IV. -(1) As of January 1, 2006, the public office of general secretary of the prefecture is transformed into the public office of sub-prefect. (2) The secretaries-general of the prefecture in office on December 31, 2005 following the promotion of the contest organized for the occupation of the respective public office are appointed to the public office of sub-prefect as of January 1, 2006. (3) As of the date of entry into force of this emergency ordinance, the attributions established by the normative acts in force in the competence of the Secretary General of the prefecture shall be exercised by one of the sub-prefects, designated by order of Prefect. " --------