Framework Law No. 339 Of 12 July 2004 On Decentralisation

Original Language Title:  LEGE-CADRU nr. 339 din 12 iulie 2004 privind descentralizarea

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Framework LAW No. 339 of 12 July 2004 on the decentralization of PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 668 of 26 July 2004, the Romanian Parliament adopts this law.


Chapter I General principles Article 1 this law regulates the fundamental principles and general rules, as well as the institutional framework for the process of administrative and financial decentralization in Romania.


Article 2 for the purposes of this law, decentralization means the process of transfer of authority and administrative and financial accountability at central level and at the local level.


Article 3 the decentralization Process is carried out for the benefit of citizens through the strengthening of the role and power of local public administration in order to develop economic and social development of administrative-territorial units.


Article 4 the principles on which the process takes place in Romania are the following: a) the principle of subsidiarity;
  

b equality of citizens in the face of) local public administration authorities;
  

c) guarantee the quality of public services provided to citizens by public administration authorities, irrespective of the place of residence;
  

d) stimulating the competition as a means of increasing the efficiency of public services;
  

e) exercise of the powers by the authorities of local public administration located at the administrative level closest to the citizen;
  

f) ensure a balance between administrative and financial decentralization decentralization at the level of each administrative-territorial units;
  

g) transparency of decision-making based on citizens ' access to information and public participation in decision making;
  

h) ensuring financial decentralization based on transparent rules regarding the calculation of financial resources allocated to administrative-territorial units.
  


Article 5 administrative-territorial units are administered autonomously by local councils, county councils or the General Council of Bucharest, with deliberative authority, and by the Presidents of the county councils and the mayors who have executive authority for the exercise of their powers.


Article 6 (1) the authorities of local public administration have the right to experiment.
  

(2) In exercise of the right to experiment with local public administration authorities can arrange fixed-term pilot centres for the implementation of decisions with regard to the decentralization of certain powers from the central level to the local level, before generalizing them nationally through decentralization law concerning local responsibilities.
  


Article 7 In the relations between the central public administration authorities and local governments, as well as of the local public administration authorities there is no subordination relationships, according to the law.


Article 8 voting Citizens, inhabitants of an administrative-territorial unit, may, under the conditions provided for by law, the inclusion in the agenda of the meeting of the local Council, the County Council or General Council of Bucharest has an issue falling within its competence.


Article 9 on the initiative of local public administration authorities, of special interest from the territorial administrative units can be see residents through local referendum, in accordance with the law.


Chapter II the allocation of competences of local public administration authorities section 1 Municipalities and towns in article 10 (1) City Council has initiative and decides, in accordance with the law, on matters of local interest.
  

(2) the City Council shall exercise the powers provided by law.
  

(3) those skills will be complemented by the law concerning the decentralization of local responsibilities.
  


Article 11 (1) the Mayor is the head of the local public administration and performs a function of public authority.
  

(2) the Mayor of the commune or city represents in relations with public authorities, natural or legal persons with the Romanian times, as well as the judiciary.
  

(3) the mayor shall ensure compliance with normative acts locally.
  

(4) cases in which the Mayor needs a special mandate will be determined by law.
  


Article 12 decisions of the City Council Mayor administers and fulfills the duties devolving upon it under the law, addressing current issues of operative community that elected him.


Article 13 (1) the mayor shall ensure public order and safety of the inhabitants, through the police, gendarmerie, firemen and civil protection units, which have the obligation to respond to its requests.
  

(2) the Mayor directs, supervises and controls the work of the Community Police, according to the law.
  


Section 2 of the counties of article 14 (1) County Council has initiative and decides, in accordance with the law, on matters of interest.
  

(2) the Council shall exercise the powers provided by law.
  

(3) those skills will be complemented by the law concerning the decentralization of local responsibilities.
  


Article 15 County Council President assures compliance with the judgments of the County Council and fulfils the duties established by law.


Section 3 of the Bucharest Article 16 (1) the General Bucharest City Council and the local councils of the sectors of Bucharest have initiative and decide on matters of interest to Bucharest for its sectors, exerting in this regard tasks stipulated by the law.
  

(2) the general Bucharest City Mayor assures compliance with the decisions of the General Council of Bucharest and fulfills the tasks stipulated by the law.
  

(3) the mayors of Bucharest Municipality sectors assures compliance with the decisions of the local councils of sector and satisfy the duties stipulated by the law.
  


Chapter III cooperation between local public administration authorities Article 17 (1) local public administration authorities at the level of municipalities, towns and counties may decide, freely, to establish cooperation between the bodies of administrative-territorial units and to entrust some of their powers.
  

(2) if the Association of several local public administration authorities, one of them may exercise a coordinating role with regard to common interests, under the terms of the agreement which has occurred between them and the legal provisions. Legal conditions for the realization of these associations are established by the law on cooperation between local public administration authorities.
  


Article 18 municipalities, cities and counties can hire decentralised cooperation actions within the framework of their international relations, respecting the Advisory proceedings on behalf of the central authorities.


Chapter IV conduct of the decentralization process in article 19 Rules under which decentralization process unfolds in Romania are: a) the decentralization of competencies from central level to the local level to do it step-by-step; stages of decentralization process are set out in the updated Strategy of the Romanian Government to accelerate reform in public administration;
  

b) set up structures for specific technical implementation and monitoring each stage of the process of decentralization, under art. 20;
  

c) determining measures within each phase of the decentralization process only after the analysis of the results of the previous round. Analyses and results are discussed publicly at the level of local public administration authorities and their associative structures involved in the process of decentralization;
  

d) conducting pilot phases for implementation of decisions with regard to the decentralization of certain powers from the central level to the local level, before generalizing them nationally;
  

results of monitoring of each e) steps taken in the process of decentralization, based on a system of performance indicators developed by the structures referred to in b) and approved by decision of the Government.
  


Article 20 For the achievement and monitoring of the decentralization process is to establish specific technical structure at ministerial level, interministerial, County and between counties: a) interministerial technical Committee, headed by the Minister of administration and Interior as the public administration reform coordinator, assisted in terms of the Technical Unit for Central public administration reform, which ensures the coordination and management of the decentralization process;
  

b) working groups for decentralisation of powers, represented at the level of each Ministry and other central public administration authorities through order of the Minister or of the driver thereof;
  


c) Technical Committee, set up by the County for decentralization at the level of each district, which will carry out impact analyses and proposals regarding the decentralization of certain powers; County technical committees for participating in direct talks on decentralization for the transfer of powers and responsibilities from central to local level;
  

d) technical committees of County may be established for decentralization in the joint committees which shall meet whenever necessary, at the specific request of them, where there is a common problem in several counties.
  


Article 21 the functioning and powers of the structures provided for in article. 20 will be established by decision of the Government, within 60 days after the entry into force of this law.


Article 22 the Government held last semester of every year a forum on the subject of decentralization, together with the local authority's associative structures.


Article 23 the Government submit to Parliament each year a report on the implementation of decentralization measures.


Chapter V financial provisions article 24 local public administration authorities shall receive the financial resources available for the exercise of the powers delegated to them by law.


Article 25 the local taxes and fees shall be determined by the local councils, county councils, the General Council of Bucharest, where applicable, within the limits and in accordance with the law.


Article 26 Revenue budgets of administrative territorial units shall be set up under the law of their own income to);
  

b) amounts broken down in some of the State budget revenues;
  

c) grants received from the State budget or from other budgets;
  

d) other receipts;
  

e) donations and sponsorships.
  


Article 27 expenditure shall be entered in the budget and approving expense categories grouped by their economic nature and destination.


Article 28 of the budgetary revenue and expenditure shall be recorded in a single document so as to ensure the efficient use and monitoring of local government funds.


Article 29 own revenue and any other revenue of the local public administration authorities shall, for every level of local government, a decisive part of the revenue of the general budget of administrative-territorial units, in accordance with the law.


Article 30 any transfer of powers between State and local authorities is accompanied by ensuring equivalent resources for the previous exercise of these powers.


Article 31 (1) decentralization of financial operating on the basis of financial balancing mechanisms aimed at ensuring equality between local authorities of the same level.
  

(2) Amounts broken down in some of the State budget incomes for offloading local budgets allocated on counties, according to the criteria approved by law.
  


Chapter VI final provisions Article 32 this Act shall enter into force 30 days after its publication in the Official Gazette of Romania, part I. This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (1) of the Constitution of Romania, republished.
PRESIDENT of the CHAMBER of DEPUTIES VALER DANNER SENATE CHAIRMAN NICOLAE VĂCĂROIU Bucharest, July 12, 2004.
No. 339.
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