LEGE no. 371 371 of 20 September 2004 (* updated *) on the establishment, organization and functioning of the Community ((updated until 17 June 2005 *)
ISSUER
PARLIAMENT
----------- *) The initial text was published in the OFFICIAL GAZETTE no. 878 878 of 27 September 2004. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until June 17, 2005, with the amendments and additions made by: EMERGENCY ORDINANCE no. 23 23 of 24 March 2005 ; LAW no. 180 180 of 9 June 2005 . The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) In order to ensure public order and tranquility, as well as to increase the efficiency of the security of objectives and goods belonging to the public and private domain of administrative-territorial units, it can be established, at the level of the municipalities, the cities and sectors of Bucharest, Community Police, as a public service of local interest, specialized. ... (2) The Community Police may also set up at the level of the communes. ... (3) The Community Police may be constituted, as the case may be, by reorganizing the bodies of the public guards existing on the date of entry into force of the present law, at the level of the administrative-territorial units provided in ((1) and (2). ... ------------------ Alin. ((1) and (3) of art. 1 1 have been amended by section 1 of EMERGENCY ORDINANCE no. 23 23 of 24 March 2005 , published in MONITORUL OFFICIAL no. 256 256 of 28 March 2005. + Article 2 (1) The activity of the Community Police shall be carried out in the interest of the person, community, security and protection of the objectives of local and private public interest, as well as in support of state institutions, exclusively on the basis and in execution Law. ... (2) In carrying out its tasks, the Community Police shall cooperate with the Romanian Police and the Romanian Gendarmerie, with other state institutions and collaborate with non-governmental associations and organizations, as well as with individuals and legal, within the law. ... + Article 3 The activity of the Community Police is carried out on the basis of the Framework Regulation for the organization and functioning of the Community Police, hereinafter referred to as the Regulation, approved by Government decision. + Chapter II Organisation and operation + Article 4 (1) The Community Police shall be established by decision of the local councils of the municipalities, the sectors of Bucharest, the cities and communes, as the case may be, and shall be subordinated to their mayors. ... (2) At the level of the municipalities, the sectors of Bucharest, the cities and communes of the Community Police are organized, as the case may be, as a public service or structure without legal personality-direction, service, office or compartment-within the the specialized apparatus of the local councils, under the law. ... (3) The organization level, the organizational structure and the personnel categories shall be established annually by the local councils, in consultation with the territorial units of the Romanian Police, depending on the allocated budget, the population number, the extent of each Municipality, city, commune, respectively sector of the city of Bucharest, and the criminal and contravention state registered within their radius. ... + Article 5 (1) At the level of each municipality, city, commune, as well as at the level of the sectors of Bucharest, the local Public Order Commission, hereinafter referred to as the Local Commission, an advisory body, is organized and operates. ... (2) The local commission is constituted, as the case may be, from: mayor, local police chief, representative of the territorial competent gendarme unit, head of the community police, 2-4 councillors and 2-5 representatives of the community, appointed by the local council, and is run by the mayor. ... + Article 6 (. The local Commission shall have the following tasks: ... a) periodically analyze and make proposals on the need for material and human resources; ... b) organize consultations with members of local communities and non-governmental organizations on priorities in the activity of the Community Police; ... c) quarterly and whenever requested, presents briefings at the meeting of the local council on the efficiency of the activity carried out by the Community Police and proposes measures to improve its activity; ... d) based on the conclusions drawn from the periodic analyses carried out on the way of ensuring public order and peace and the security of the objectives and goods of local public interest in the territory of the locality, proposes to the local council the adoption of decisions to prevent certain facts affecting the social climate. ... (2) The local commission proposes to the local council the establishment of a number of civil servants from the number of posts approved to the Community Police, to ensure, under optimal conditions, the maintenance of public order and tranquility at the level of each municipality, city, the commune, as well as in the sectors of Bucharest. ... + Chapter III Powers of the Community Police + Article 7 Community Police shall have the following tasks: a) ensure public order and tranquility in the areas and places established by the public security and order plan, prevent and combat the violation of legal norms on the cleanliness of localities and street trade, as well as other facts established by judgments the local council; ... b) ensure the security of the objectives and goods of public and private interest established by the local council, according to the security and public order plans; ... c) ensure the accompanying and protection of the representatives of the city hall or of other persons with functions in local public institutions when carrying out specific controls or actions; ... d) participate, as the case may be, to ensure the fluency of road traffic, on the occasion of carrying out modernization and repair works of traffic arteries; ... e) ensure the supervision of car parks, school facilities, commercial and recreational areas, markets, cemeteries and other places established by public security and order plans; ... f) finds contraventions and applies contravention sanctions, according to the law, for violating the legal provisions regarding public order and peace, the cleanliness of localities, street trade, environmental protection, as well as and for the facts affecting the social climate, established by law, decisions of the local council or provisions of the mayor; ... g) participate in the provision of order measures, on the occasion of public gatherings, rallies, cultural-artistic and sports events organized at local level; ... h) intervenes, together with the competent bodies, at the request of citizens, to settle the conflicting states, to catch some perpetrators, to solve social cases, to establish the situations actually noticed and to solve them; ... i) act, together with the police, gendarmerie, firefighters, civil protection and other authorities provided by law, to the activities of rescue and evacuation of persons and goods endangered by fires, explosions, damage, accidents, epidemics, calamities natural and catastrophic, as well as to limit and remove the consequences caused by such events; ... j) control the way of storing household, industrial or any kind of waste and respecting the hygienization of peripheral areas and banks of watercourses, referring to the mayor on the facts found and the measures that must be taken to improve the state of cleaning of the locality; ... k) communicate, as soon as possible, to the competent bodies the data on the aspects of violation of the law, other than those established in its competence, about which he became aware of the specific missions; ... l) accompanies, under the conditions established by regulation, the officials of the city hall to carry out controls and to implement some decisions of the local council or, as the case may be, of the General Council of Bucharest, ensuring their protection and the prevention of any acts of disorder of public order; ... m) verifies and resolves, within the limits of the law, the complaints of the associations of owners or tenants regarding the commission of acts violating the legal norms, other than those of a criminal nature; ... n) supports the Romanian Police in the activities of detecting persons who evade the pursuit or execution of punishments, as well as missing persons; ... o) in the border localities support the units of the Romanian Border Police in activities to prevent and combat illegal migration; ... p) performs any other duties established by law. ... + Article 8 (1) The organization and execution of the activity of security of goods and insurance of public order and peace shall be carried out on the basis of security and public order plans. ... (2) Security and public order plans shall be approved by mayors with the advisory opinion of the local police. ... (3) The Community Police may also provide for a fee the security of some objectives, on the basis of service contracts, concluded by this with the beneficiaries of the services provided. ... + Chapter IV Community Police Staff + Article 9 (1) The staff of the Community Police shall be composed of civil servants and contract staff. ... (2) The public servants of the Community Police shall be subject to the regulations provided for in the Staff Regulations, and to the contractual staff, the regulations of the labor law ... + Article 10 During the service of the public servants of the Community Police shall wear the uniform and exercise the duties established by this law. + Article 11 (1) The head of the Community Police and, as the case may be, his deputies shall be appointed according to the law. ... (2) The conditions to be fulfilled by the staff of the Community Police for the occupation of the various functions, as well as the way of selecting and preparing it shall be established by regulation. ... + Article 12 (1) In framing the staff of the Community Police will sign a service commitment; the form and content of the commitment shall be established by regulation. ... ((2) The dismissal from office or the resignation of the staff of the Community Police before the expiry of a period of 3 years attracts the payment by him of a compensation representing the tuition expenses under the conditions established by the regulation, with compliance art. 9. ... + Article 13 Community Police personnel are equipped with uniform, distinctive insignia, firearms, rubber sticks or tomphes, irritant-tear sprayers, handcuffs and other means of defense and intervention authorized by law, according to established norms. by regulation. + Chapter V Rights and oblibations of the public servants of the Community Police + Article 14 (1) In carrying out its duties according to the law, the public official of the Community Police has the following main rights and obligations: ... a) to legitimize persons who have violated the legal provisions or about which they have indications that they are preparing to commit or have committed an illicit act; ... b) to seek the support of citizens for the pursuit, apprehension, identification and leadership at the territorial units of the police of persons who committed criminal acts; ... c) in the case of flagrant crimes, leads and teaches the local units of the Romanian Police on the perpetrators, the goods and the values resulting as a result of the violation of the law and takes the necessary measures for the preservation and security of the scene, if applicable, until the competent authorities arrive; ... d) to find the contraventions and to apply, under the law, the sanctions for the contraventions on public order and peace, the cleanliness of the localities, the street trade rules or other contraventions for which such competences, by laws, decisions of the Government or local councils; ... e) to carry and use, under the law, only during the service armaments and ammunition, as well as the other means of defense and intervention; ... f) to lead at the headquarters of the local police any person who, through her actions, endangers the life of other persons, public order or other social values, as well as persons suspected of committing illegal acts, whose identity could not be established under the law, and to submit a written report in relation to the reasons of the management of the respective person at the police headquarters; in case of non-compliance with the provisions he gave, he is entitled to use force, under the law; ... g) in the exercise of his duties, he is obliged to wear the badge uniform with distinctive identification number and to present the service card, except in situations where the time required for this formality is missing; after the conclusion of any action or intervention, it shall be legitimised and shall declare the position it holds in its establishment; ... h) to use free of charge the local means of transport owned by the city hall, for the execution, during the service, of missions in the area of competence. ... (2) In the exercise of the rights conferred by this law, the civil servant of the Community Police has the obligation to respect exactly the fundamental human rights, provided by law and the European Convention on Human Rights. ... + Article 15 In carrying out the duties provided for by this law, the civil servant of the Community Police shall exercise his competence within the administrative-territorial unit where he operates. + Chapter VI Mayor's duties on the establishment, organization and functioning of the Community + Article 16 The main powers of the mayor regarding the establishment, organization and functioning of the Community Police are as a) proposes to the local council for approval, under the law, the organizational chart, the state of functions, the number of personnel and the Framework Regulation for the organization and functioning of the Community Police; ... b) make proposals to the local council in connection with the appointment and dismissal of the head of the Community Police and, as the case may be, of his deputy/deputies, under the law; ... c) directs, supervises and controls the activity of the Community Police, according to the powers established by law; ... d) approve annually the security and order plan of the locality; ... e) ensure the distribution of the necessary spaces for the functioning of the Community Police, based on the decision ... f) proposes for approval to the local council the budget of the Community ... g) informs, quarterly and whenever requested, the local council in connection with the activity of the Community Police; ... h) immediately orders measures, according to the competence, on the factual situations with which it is notified by the Community Police and aims to achieve them in practice. ... + Chapter VII Logistic, material and financial insurance + Article 17 (1) The Community Police may hold in immovable use, means of transport, weapons, ammunition, equipment and specific technical equipment, necessary for the performance of the duties provided by law. ... ((2) The furniture, the armaments, the ammunition, the specific technical equipment and the means of transport necessary for the endowment of the Community Police shall take over, where appropriate, from the Corps of public guards, and the additional needs shall be ensured under the conditions legislation on public procurement. ... + Article 18 The financing of current and capital expenditures of the Community Police shall be provided from the local budget and from the own revenues obtained from the services provided. + Chapter VIII Transitional and final provisions + Article 19 The employment of civil servants in the Community Police, at the establishment, is made of the staff of public guards or other persons who meet the conditions established by the regulation. + Article 20 (1) County councils may establish, under the law, public services intended to ensure the security of the objectives of county interest. ... (2) The patrimony of the body of public guards is taken over, under the law, by the county councils, respectively by the General Council of Bucharest. ... (3) The county councils and the General Council of the Municipality of Bucharest shall allocate until November 30, 2005 the patrimony provided in par. (2) the local public administration authorities for the establishment of the Community Police from the own administrative-territorial unit and public services established according to par. ((1). ... --------------- Article 20 has been amended by point 2 of EMERGENCY ORDINANCE no. 23 23 of 24 March 2005 , published in MONITORUL OFFICIAL no. 256 256 of 28 March 2005. Article 20 has been amended by point 1 1 of the single article of LAW no. 180 180 of 9 June 2005 , published in MONITORUL OFFICIAL no. 502 502 of 14 June 2005. + Article 21 (1) The rights and oblibations born from the contracts concluded by the bodies of public guards shall be taken over by the Community Police or, as the case may be, by the public services provided in art. 20 20 para. (1), with the consent of the beneficiaries of the activities provided by the personnel ... (2) Continuation of the activities carried out by the personnel of the former bodies of the public guards, in exercising the obligations resulting from the contracts provided in (1), shall be ensured by the contractual staff assigned under the conditions of this law, to the Community Police. ... (3) The contracts provided in par. (1), which have as their object the insurance of the security of other goods and objectives than those provided in art. 1 1 para. ((1) and art. 2 2 para. ((1), may no longer be extended or renewed by the Community Police after the expiry of the deadlines for which they have been concluded. ... --------------- Article 21 has been amended by point 3 of EMERGENCY ORDINANCE no. 23 23 of 24 March 2005 , published in MONITORUL OFFICIAL no. 256 256 of 28 March 2005. Alin. ((1) art. 21 21 has been amended by section 2 2 of the single article of LAW no. 180 180 of 9 June 2005 , published in MONITORUL OFFICIAL no. 502 502 of 14 June 2005. + Article 21 ^ 1 (1) Until the completion, through its own procurement, of the entire necessary weapons and ammunition, the endowment of the Community Police with these categories of technical means shall be ensured by the Ministry of Administration and Interior, through the territorial structures of subordinated to the General Inspectorate of the Romanian Police, as follows: ... a) free of charge until 31 December 2005; ... b) by renting, as of 1 January 2006. ... (2) The conditions regarding the surrender-receipt of weapons and ammunition, in free use or by rental, as the case may be, shall be established by order of the Minister of Administration and Interior. ... --------------- Article 21 ^ 1 has been introduced by item 4 of EMERGENCY ORDINANCE no. 23 23 of 24 March 2005 , published in MONITORUL OFFICIAL no. 256 256 of 28 March 2005. + Article 22 The normative acts in which rights and obligations are provided, as well as any other legal norms aimed at the work of the Corps of public guards shall be amended accordingly. + Article 23 For the representation of their own interests in relations with the local public administration and state institutions, civil servants and contract staff of the Community Police can be associated with the law. + Article 24 The uniform of the public official of the Community Police, the form and content of the badge and its documents of legitimation shall be established by regulation approved by Government decision. + Article 25 This law shall enter into force on 1 January 2005. + Article 26 Within 60 days from the date of publication of this law, the Ministry of Administration and Interior will present to the Government for approval the Framework Regulation for the organization and functioning of the Community Police. + Article 27 On the date of entry into force of this Law, the Law no. 26/1993 on the establishment, organization and functioning of the Public Guard Corps, published in the Official Gazette of Romania, Part I, no. 109 109 of 28 May 1993, Government Decision no. 518/1993 for the approval of the Regulation on the organization and functioning of the Corps of public guards, republished in the Official Gazette of Romania, Part I, no. 24 of 14 February 1997, as well as any other provisions contrary to this law. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, September 20, 2004. No. 371. ------------
