Law No. 286 Of 6 July 2006 On Modification And Completion Of The Law On Local Public Administration No. 215/2001

Original Language Title:  LEGE nr. 286 din 6 iulie 2006 pentru modificarea şi completarea Legii administraţiei publice locale nr. 215/2001

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 286 of 6 July 2006 on modification and completion of the law on local public administration no. 215/2001 published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 621 of 18 July 2006 Parliament adopts this law.


Article I the law on local public administration no. 215/2001, published in the Official Gazette of Romania, part I, no. 204 of 23 April 2001, as amended and supplemented, are hereby amended and shall be completed as follows: 1. Article 1 shall read as follows: Art. 1.-(1) this Act regulates the general functioning of local autonomy, as well as the Organization and functioning of local public administration.

(2) for the purposes of this law, the terms and expressions below have the following meanings: (a) administrative activities) social actions through community-who approves a local public administration authorities ' relationship with the associations of owners within the administrative and territorial unit;
  

b) conurbations inter-community development associations established on the basis of partnership between municipalities, other than those referred to in points. (j)), and cities, along with urban and rural settlements that are in the zone of influence;
  

c) associations of inter-community development-cooperation structures with legal personality under private law, established under the law of administrative-territorial units for carrying out joint development projects of local or regional interest times joint provision of services to the public;
  

d) deliberative authority-City Council, County Council, the General Council of Bucharest, local territorial-administrative subdivisions of municipalities;
  

e the executive authorities)-mayors of communes, towns, municipalities, administrative-territorial subdivisions ai of municipalities, Mayor of Bucharest and Chairman of the County Council;
  

f) local councils, town councils-communal, municipal councils and administrative-territorial subdivisions of municipalities;
  

g) bodies providing public services and public local or County-which includes generic name: 1. public institutions and public services established and organized by decisions of the deliberative authorities, hereinafter institutions and public services of local interest or County;
2. companies and 1900 established or reorganized by decisions of the deliberative authorities, hereinafter referred to as company and Kings local or autonomous county;
3. Association of inter-community development;
4. social service providers, public private times grants social services under the conditions provided for by law;
5. associations, foundations and associations recognised as being of public interest, in accordance with the law;
6. operators of public utilities community services local or County;

h) administrative-territorial subdivisions of municipalities-the sectors of Bucharest or other subdivisions of municipalities, whose dividing and organizing is done by law;
  

I) administrative-territorial units-common, cities and counties; under the law, some cities may be declared municipalities;
  

j) metropolitan area-development association based inter-community established partnership between the Romanian capital, or tier I cities and administrative-territorial units that are in the immediate area. "
  

2. Paragraph 1 of article 2 shall read as follows: Art. 2. — (1) the public administration in administrative-territorial units are organized and function in accordance with the principles of local autonomy, decentralization, deconcentration of public services, eligibility of local public administration authorities, legality and of consultation of citizens in resolving local interest. "
3. Paragraph 2 of article 4 shall read as follows: "(2) organizing local Autonomy, functioning, powers and duties, as well as resource management which, by law, belong to the commune, town, municipality or County, as applicable."
4. Paragraph 1 of article 5 shall read as follows: Art. 5.-(1) local public administration authorities shall, according to law, exclusive competence, shared competence and powers delegated. "
5. Paragraph 1 of article 6 shall read as follows: Art. 6. — (1) the relationship between the local public administration authorities from municipalities, towns and municipalities and the public authorities at the county level is based on the principles of autonomy, lawfulness, responsibility, cooperation and solidarity in solving the whole County. "
6. Article 7 shall read as follows: Art. 7. the decentralization of competencies-local public administration authorities shall be made in compliance with the principles and rules laid down by law-framework of decentralisation. "
7. Article 8 shall be inserted a new paragraph, paragraph (2) with the following content: "(2) associative structures of local public administration authorities are: the Association of Romania);
  

b) Association of Romania;
  

c) municipalities Association from Romania;
  

d) National Union of County Councils from Romania;
  

e) other forms of associational interest, constituted according to the law. "
  

8. Article 9 shall read as follows: Art. 9. — (1) In the framework of national economic policy, municipalities, towns, cities and counties are entitled to their own financial resources, which local public administration authorities shall lay down, it manages and uses them for the performance of duties and powers delegated to them under the law.

(2) the financial resources available to local public administration authorities must be correlated with the powers and duties provided by law with. "
  

9. Article 10 shall read as follows: Art. 10.-local public administration authorities shall administer or, where appropriate, have the financial resources, and public or private property assets of communes, towns, municipalities and counties, in accordance with the principle of local autonomy. "
10. Article 11 shall read as follows: Art. 11.-(1) two or more administrative-territorial units shall have the right, in their deliberative powers limits and executive authorities, to cooperate and collaborate, under legal terms, forming associations of inter-community development with legal personality under private law and public interest. Inter-community development associations are in the public interest, by operation of law, by way of derogation from the provisions of Ordinance No. 26/2000 on associations and foundations, and its subsequent amendments.

(2) inter-community development Associations shall be formed according to the law, in order to achieve joint development projects of local or regional interest or joint provision of public services. Metropolitan areas and urban agglomerations established with the consent of the local councils of the administrative-territorial units components are aimed at the development of infrastructures and the development objectives of common interest. Deliberative and executive authorities of the administrative-territorial units each component retains its local autonomy, according to the law.
  

(3) administrative-territorial units shall have the right, in their deliberative powers limits and executive authorities, to cooperate and to associate and administrative-territorial units abroad, in accordance with the law, by decisions of local councils or county councils, where appropriate.
  

(4) for the protection and promotion of their common interests, administrative-territorial units shall have the right to adhere to national and international associations, in accordance with the law. "
  

11. After article 11 shall be introduced two new articles, articles 11 and 11 ^ 1 ^ 2, with the following content: "Art. 11 ^ 1. -(1) inter-community development Associations is financed by contributions from the local budgets of administrative-territorial units, and from other sources, in accordance with the law.

(2) the Government supports the Association by administrative-territorial units of the national development programs. These programs are funded through the State budget annually and are set out in the framework of the budget of the MOAI, the law on local public finances.
  

(3) County Councils can initiate and perform joint development programmes funded county from the County and local budget provided for distinct within it.
  

Art. 11 ^ 2. -(1) inter-community development Associations are run by a Board of Directors composed of representatives of the administrative-territorial units, components of the City Council or County Council, on a proposal from the Mayor, the President of the County Council, as well as a proposal from Councillors or district, as appropriate.

(2) the Board of Directors is headed by a Chairperson chosen by a majority vote of its members.
  

(3) in order to achieve the objectives of its own, the Board of Directors may establish a technical apparatus, financed from the resources of inter-community development association.
  


(4) the structure and functioning of the Board of Directors and the technical apparatus are established under the Act of incorporation and statutes of inter-community development, approved by decisions of local councils, namely County. "
  

12. Article 12 shall read as follows: Art. 12.-administrative-territorial units may conclude between themselves agreements and may participate, including through the allocation of funds, the initiation and the development of the regional development programmes and regional, on the basis of decisions taken by local councils County times, as appropriate, in accordance with the law. "
13. Article 13 shall read as follows: Art. 13.-(1) territorial-administrative units bordering the border areas may conclude between themselves agreements on cross-border cooperation with neighbouring States in the structures, according to the law.

(2) administrative-territorial units, through mayors, Presidents of the county councils respectively, to the Ministry of Foreign Affairs for an opinion consistent draft cooperation agreements which they intend to conclude with administrative-territorial units from other countries, prior to their submission for adoption by the local councils or County, as applicable.
  

(3) Through cross-border cooperation agreements can be created and Romania which have bodies, according to national law, legal personality. These bodies do not have, for the purposes of this law, territorial-administrative skills.
  

(4) administrative-territorial units which have concluded agreements on cross-border cooperation shall be entitled to participate in other States to bodies created by these agreements, within the limits of the powers delegated to them by the law. "
  

14. In paragraphs (1), (2) and (4) of article 14 shall read as follows: Art. 14. — (1) the initiative of the administrative-territorial units to cooperate and to associate with administrative-territorial units abroad, and to join the International Association of administrative-territorial units will be notified to the Ministry of Foreign Affairs and Ministry of administration and Interior.

(2) draft agreements on cooperation on administrative-territorial units intend to conclude with administrative-territorial units from other countries will be forwarded for endorsement to the Ministry of Foreign Affairs, through mayors, Presidents of the county councils respectively before their submission for adoption by the local councils or county councils, where appropriate.
  



(4) the responsibility concerning the cooperation agreements concluded by the territorial-administrative units returned to their exclusivity. "
  

15. Article 15 shall read as follows: Art. 15.-local councils and county councils can decide on the participation capital or goods, on behalf of and in the interests of local communities which they represent, the establishment, operation and development of organisms that provide public services and public utility or local interest, according to the law. "
16. Article 17 shall read as follows: Art. 17.-The territorial-administrative units in which citizens belonging to national minorities have a share of over 20% of the inhabitants, local public authorities, public institutions subordinated to them, and the decentralized public services ensure the use, in our dealings with them, and the mother tongue, in accordance with constitutional provisions, the provisions of this law and the international treaties to which Romania is a party. "
17. Paragraph 1 of article 18 shall read as follows: Art. 18. — (1) the villages, towns, cities and counties are administrative territorial units in which local autonomy is executed and where authorities are organized and function of local government. "
18. Article 19 shall read as follows: Art. 19. — (1) the administrative-territorial units are legal persons of public law, with full legal capacity and its own patrimony. These are legal subjects of taxation law, holders of tax code and accounts held with Treasury territorial units, as well as banking establishments. Administrative-territorial units are holders of rights and obligations arising from contracts relating to the administration of property belonging to the public and private domain in which they are parties, as well as relationships with other persons or bodies, in accordance with the law.

(2) The Justice, administrative-territorial units shall, where applicable, by the mayor or President of the County Council.
  

(3) the Mayor, respectively President of the County Council, can empower a person with higher education's long-standing legal within specialized apparatus of a mayor, County Council, or an attorney to represent the interests of territorial-administrative unit, as well as local government authorities concerned.
  

(4) administrative and territorial Unit shall have the right to benefit from coverage of costs set out in the decision of the Court, including the situation in which legal representation is ensured by a legal adviser from the expert body of the Mayor of the County Council.
  

(5) Compensation received by administrative-territorial units following the judgments of the courts are income from local budgets. The compensation that you need to pay the administrative-territorial unit in the wake of the judgments of the Court are final and secured from local budgets. "
  

19. Article 20 shall read as follows: Art. 20. the territorial Delineation of Commons-, towns, municipalities and counties shall be determined by law. Any modification of their territorial limits may be carried out only by law and only after prior consultation of the citizens of the respective administrative-territorial units through the referendum, which is organized according to the law. "
20. Article 21 shall read as follows: Art. 21. — (1) the public administration authorities through which local autonomy in municipalities, cities and municipalities are local, communal councils, city and municipal authorities, as a deliberative and executive authorities as mayors. Local councils and mayors shall be elected as provided by the law on local elections.

(2) the local councils and mayors shall operate as local public administration authorities and solving public affairs in villages, towns and municipalities, in accordance with the law. "
  

21. Article 22(3) shall read as follows: Art. 22.-in each district is constituted by a County Council, as the authority of local public administration, to coordinate the work of the municipal councils, city and municipal, in pursuit of the public services of County interest. The County Council is elected in accordance with the law concerning local elections. "
22. Article 25 shall read as follows: Art. 25.-in order to ensure the autonomy of the local authorities of local public administration have the right to establish and to levy local taxes and duties, draw up and approve local budgets of communes, towns, municipalities and counties, according to the law. "
23. Article 28 shall read as follows: Art. 28.-local councils are composed of local councillors elected by universal, equal, direct, secret and free suffrage, under the conditions laid down by the law on local elections. "
24. Article 29(3) shall read as follows: Art. 29. — (1) the number of members of each local Council shall be determined by order of the prefect, depending on the number of inhabitants of the commune, town or municipality, reported the National Statistics Institute on 1 January of the current year or, where appropriate, by 1 July of the year preceding the election, as follows: the number of the inhabitants of the commune, town or municipality councilors-up to 3,000 9-between 3,001 and 5,000 11-between 5,001 and 10,000 13 10,001-20,000 between and
15-between 50,000 17 20,001 and 50,001-100,000 19-between and between 100,001 and 200,000 21-between 200,001 and 300,000 23-between 300,001 and 400,000 25-over 400,000 27 (2) the General Council of Bucharest Municipality is composed of 31 local councilors.
  

(3) the number of members of local councils of Bucharest Municipality sectors shall be determined according to the number of inhabitants of the sectors concerned, in accordance with paragraph 1. (1)."
  

25. After article 29 insert a new article, article 29 ^ 1 with the following content: "Art. 29 ^ 1. (1) validation of the election of Councillors shall be made by the District Court within the administrative-territorial unit, by a judge appointed by the President of the Court. Request for validation of local councilors shall be lodged within three days from the date of establishment of the election results, according to the law.

(2) the application brought pursuant to paragraph 1. (1) the judge in open court, without summoning the parties.
  


(3) the application shall be judges and, in particular, within 10 days from the date of filing, decision enforceable.
  

(4) a judgment referred to in paragraph 1. (3) is subject to the rights of appeal provided for under the contentious proceedings, the Court ruling out within 10 days from the date when the application for appeal or the appeal, as appropriate.
  

(5) the invalidation of the mandate in the event of contravention of the conditions of eligibility or if the choice Adviser was done through electoral fraud, established under the law.
  

(6) for the validation of mandates of Deputy candidates declared the same procedure is applicable. Can be validated only candidates declared deputies who, on the date of validation, proof of the fact that they are enrolled in a political party, political alliance or electoral alliance on whose list they candidate in that election. "
  

26. Article 31 shall read as follows: Art. 31. — (1) the creation of local councils is made within 25 days of the date of conduct of the elections. Convening of elected local councilors and validated according to the prefect, in writing, within 5 days after the judgment, pursuant to article. 29 ^ 1. At the constituent meeting of the prefect or his representative shall attend, as well as mayor or, where applicable, the candidate declared the winner in the elections for the Mayor.

(2) the meeting shall take place under conditions laid down by law if at least the majority of the participating Councillors elected and validated. Where this cannot be ensured, the majority will hold, sitting in the same conditions, over 3 days, at the request of the prefect. If no second convening the meeting is not lawfully constituted, it will proceed to a new calling by the prefect, over 3 days, under the same conditions.
  

(3) where the City Council cannot muster neither at the third convocation of due to the absence of their councillors, the Court shall declare vacant seats by a local councilors elected who lacked unmotivated at any of the 3 caps for. The appeal court is made by the prefect within 3 days from the date of the hearing, on the basis of the minutes of the meeting prepared by the Secretary of the administrative and territorial unit. Judgment of the Court shall take a decision within 3 days of receipt of the referral on the part of the Commissioner and may be appealed to the appeal court of competent jurisdiction. Where seats declared vacant, according to the above procedure, it cannot be filled with lists of subscribed alternates on the respective candidates, according to the law, the partial elections are held to fill in, within 90 days.
  

(4) the work of formation are led by the oldest Alderman, aided by the youngest 2 local councilors, with specialized assistance to territorial-administrative unit Secretary, making out and the minutes of the hearing.
  

(5) in the absence of local councilors at the meeting of the formation is considered to be motivated if it is shown that this has occurred due to illness or force majeure events which have made it impossible for their presence. "
  

27. Articles 32 and 33 shall be repealed.
28. In paragraphs (1) and (2) of article 34 shall shall read as follows: Art. 34. — (1) local councillors whose mandates have been validated shall take an oath in front of local Council the following Romanian-language oath: "I swear to respect the Constitution and laws of the country and to make, in good faith, all that lies in my power and skills for the benefit of the inhabitants of the commune (town, city, County). So help me God!»

(2) local councillors who refuse to submit sworn demisionaţi of law are considered. "
  

29. Article 35 shall read as follows: Art. 35.-where local councillor declared elected shall waive the mandate before validation or refuses to submit sworn, shall be subject to the validation of the terms of reference of the first alternate on the list of the Alliance political party, political or electoral alliance in question, if the validation of mandate and political alliances parties agree in writing to party affiliation. Where vacant places cannot be filled by alternates, according to law, and the number of local councilors shall be reduced by half plus one, it will hold partial elections to complete within 90 days. "
30. Article 36 shall read as follows: Art. 36. — (1) After validation in the constituting sitting of the City Council, local councilors shall take an oath provided for in art. 34. (2) local Council declares itself constituted if the majority councillors validate have sworn. Establishment of the local Council is established by decision adopted by a majority vote of validate local councilors. "
  

31. Article 37 shall read as follows: Art. 37. — (1) After the Declaration as legally constituted, the City Council shall elect from among its members, by decision adopted by a majority vote of Councillors in Office, a President, for a period not exceeding 3 months, who will lead the Board meetings and shall sign the decisions taken by it.

(2) local Councillor elected under the terms of paragraph 1. (1) may be changed, at the initiative of at least one third of the Councillors, by majority vote of the Councillors in Office. "
  

32. Article 38 shall read as follows: Art. 38. — (1) the City Council has initiative and decides, in accordance with the law, in all matters of local interest, except those that are given by law to the competence of other bodies of public administration, local or Central.

(2) the City Council shall exercise the following powers: a) duties on the Organization and functioning of specialised apparatus, Mayor of institutions and public services of local interest and of autonomous companies and companies of local interest;
  

b) economic development powers relating to social and environmental issues of the commune, town or municipality;
  

c) concerning the management of public duties and private village, city or municipality;
  

d the management powers) of the services provided to citizens;
  

e inter-institutional cooperation duties) internally and externally.
  

(3) in exercising the powers referred to in paragraph 1. (2) (a). the local Council): a) approves the statutes of the commune, town or municipality, as well as the rules of organization and functioning of local government;
  

b) Approves, in accordance with the law, the Mayor's proposal, the establishment, organization and functions of the State expert body of the Mayor of institutions and public services of local interest, as well as reorganization and State functions of the autonomous companies of local interest;
  

c) exercise, on behalf of the administrative territorial unit, all rights and obligations corresponding to participations in companies or 1900, according to the law.
  

(4) in exercising the powers referred to in paragraph 1. (2) (a). (b)), the City Council approved: (a) the proposal) the Mayor, the local budget, virările, how to use budgetary and reserve account of the end of the budget year;
  

(b) approves the proposal) Mayor, Contracting and/or guarantee loans, and contracting of local public debt by issuing securities in the name of administrative-territorial units, in accordance with the law;
  

c) establishes and approves local taxes and duties under the law;
  

(d) approve the proposal) Mayor, technical and economic documentation for local investments, in accordance with the law;
  

e) approves the strategies on the development of economic, social and environmental issues of the administrative-territorial units;
  

f) assures the execution of works and take necessary measures to implement and comply with the commitments entered into in the process of European integration in the field of environmental protection and water management for the services provided to citizens.
  

(5) in exercising the powers referred to in paragraph 1. (2) (a). (c)), the Council shall decide: (a) local implementation), concession or leasing public property property of the commune, town or municipality, if necessary, as well as public services of local interest, in accordance with the law;
  

b) decides the sale, lease or rental of privately owned property, city or municipality, as appropriate, in accordance with the law;
  

(c) endorse or approve) under the law, the documents needed for landscaping and urbanism of localities;
  

d) assigns or changes in the law, the names of streets, squares and public interest objectives.
  

(6) in exercising the powers referred to in paragraph 1. (2) (a). (d)), the City Council shall: (a)) according to its competence and in accordance with the law, necessary for the provision of public services of local interest: 1. education;
2. social services for child protection, disabled persons, older persons, the family and other persons or groups in need;
3. health;
4. culture;
5. youth;
6. sport;
7. public order;
8. emergency situations;
9. the protection and restoration of the environment;

10. the preservation, restoration and the value of the historical and architectural monuments, parks, public gardens and natural resources;
11. urban development;
12. the evidence of persons;
13. bridges and public roads;
14. Community public utility services: water supply, natural gas, sewer, sanitation, heating, lighting, public and local public transport, where appropriate;
15. emergency services rescue type, lifeguard and first aid;
16. the activities of the social administration;
17. social housing and dwelling units owned by the administrative and territorial unit or in its management;
18. in the interest of the community, local, natural resources within the administrative and territorial unit;
19. other public services established by law;

(b) Decides that the increases) and other facilities, according to the law, medical staff and teaching;
  

c) supports, according to the law, the activity of religious worship;
  

d) may request information and reports to the Mayor, Deputy Mayor and the heads of bodies providing public services and the public interest of local interest;
  

e) approves the construction of social housing, the criteria for the allocation of social housing and housing utilities owned or in its management;
  

f) may request information and reports from the Mayor and the heads of bodies providing public services and the public interest of local interest.
  

(7) in exercising the functions referred to in paragraph 1. (2) (a). (e)), the local Council decides: (a)), according to the law, cooperation or association with Romanian or foreign legal entities, in order to finance and execute the actions, works, services or projects of public interest;
  

b) Decides, in accordance with the law, twinning, city or municipality with administrative-territorial units from other countries;
  

c) Decides, in accordance with the law, cooperation or association with other administrative-territorial units in the country and abroad, as well as adherence to national and international associations of local authorities, in order to promote common interests.
  

(8) the local Council can provide individuals with Romanian or foreign honours the title of honorary citizen of the city or municipality, under a regulation. Through this Regulation shall lay down the conditions of the withdrawal and the title was awarded.
  

(9) the City Council meets every other duties determined by law. "
  

33. After article 38 shall be inserted a new article, article 38 ^ 1 with the following content: "Art. 38 ^ 1. -The persons empowered to represent the interests of the territorial-administrative unit in the company, 1900 local interest, inter-community development associations and other cooperation or partnership are designated by decision of the local Council, in accordance with the law, while respecting the political configuration of the latest local elections. "
34. paragraphs (2), (3) and (4) of article 40 shall read as follows: "(2) the Council may meet locally and in extraordinary sessions, at the request of the mayor or at least one third of the members of the Council.

(3) the convening of the local Council shall be in writing addressed to the Secretary, through the administrative and territorial unit, with at least 5 days before the ordinary sessions or at least 3 days before the extraordinary meetings. With notification of Convocation, are made available by local councillors on the agenda materials.
  

(4) in cases of force majeure and of utmost urgency to resolve the interests of the inhabitants of the commune, town or municipality or in the other cases laid down in the rules of organization and functioning of local government, local Council summons can be done immediately. "
  

35. Article 41 shall read as follows: Art. 41. — (1) a local Board meetings are conducted in the presence of the majority of Councillors in Office.

(2) the presence of Councillors at the meeting is mandatory. Cases in which the absence is attributed, shall be determined by the rules of organization and functioning of the local Council. Local councillor absent unmotivated twice consecutively is punished, according to the rules of organization and functioning of local government. "
  

36. Article 42 shall read as follows: Art. 42.-local Council meetings are led by a President, elected under the conditions laid down in article 21. 37.37 ". Article 43 shall read as follows: Art. 43. — (1) a local Board meetings are public.

(2) the work sessions take place in the Romanian language. Local councils in which local councillors belonging to a national minority represent at least one-fifth of the total number of Council meetings, you can use their mother tongue. In these cases it will ensure, through the care of the Mayor, translating into Romanian language. In all cases, the documents for the meetings of the Council shall be prepared in Romanian language.
  

(3) the debate in City Council meetings, as well as the manner in which he exercised the vote of every local councillor shall be recorded in minutes signed by the Chairman of the meeting and the Secretary of the administrative and territorial unit.
  

(4) the President of the meeting, together with the Secretary of the administrative and territorial unit, assumes responsibility, truthfulness through the signature of those recorded.
  

(5) at the beginning of each meeting, the Secretary shall submit to the approval of the minutes of the previous sitting. Local councillors have the right, at the hearing, to challenge the contents of the report and ask for the exact indication of the opinions expressed in the previous meeting.
  

(6) the minutes and documents that have been debated in open court shall be deposited in a special file of the meeting in question, which will be numbered, signed and sealed by the President of the meeting and the Secretary, after approving the minutes.
  

(7) within 3 days after the end of the meeting, the Secretary of the administrative and territorial unit displays at City Hall and, where applicable, on the website of the administrative territorial unit a copy of the minutes of the meeting. "
  

38. Article 44 shall read as follows: Art. 44. — (1) the agenda for meetings shall be approved by the City Council, on a proposal from the article. 40, called Council meeting. The agenda supplementation can only be made for urgent matters that cannot be deferred until the next meeting, and only with the majority vote of the Councillors present. Removing a draft decision on the draft agenda shall be made only with the consent of the originator or if it does not meet the conditions laid down in article 21. 45. (2) in the case of neaprobării agenda, under the conditions laid down in paragraph 1. (1) compensation may be granted due to local councilors meeting. "
  

39. Article 45 shall read as follows: Art. 45. — (1) the draft decisions to be included on the agenda of the sitting City Council cannot be discussed unless they are accompanied by the relevant compartment within the specialized device, which Mayor is made within 30 days after the registration of the project as well as the report of the specialized Council, except as provided for in article 10. 40 para. (2) and (4).

(2) If the reports referred to in paragraph 1. (1) there shall be drawn up within 30 days of the registration of the project, these shall be considered as default. "
  

40. Paragraph 2 of article 46 shall read as follows: "(2) shall be adopted by majority vote of the Councillors according to the following decisions of the City Council: a) judgments on local budgets;
  

b) judgments on contracting loans, in accordance with the law;
  

c) judgments establishing taxes and local taxes;
  

d) judgments on participation in development programmes, regional, County or regional cross-border cooperation;
  

e) judgments on organization and development of the urban and regional planning;
  

f) judgments on association or cooperation with other public authorities, with Romanian or foreign legal persons. "
  

41. In article 46, after paragraph 2, insert a new paragraph, (2 ^ 1), with the following contents: (2 ^ 1) judgments on heritage shall be the votes of two-thirds of the total number of Councillors in Office. "
42. paragraphs (3), (4) and (5) of article 46 shall read as follows: "(3) if the local budget cannot be adopted after two consecutive meetings, which will take place at an interval of not more than 7 days, the activity will take place on the basis of the preceding year until the adoption of the new budget, but not later than 45 days after the date of publication of the State budget law in the Official Gazette of Romania , Part I.

(4) the City Council shall determine that some decisions to be taken by secret ballot. Individual character judgments regarding people always will be taken by secret ballot, with exceptions provided by law. Voting procedures will be laid down in its rules of organization and functioning of the local Council.
  


(5) draft decisions may be proposed for local councilors, Mayor, Deputy Mayor or citizens. Drafting is done by those who propose, with the support of the Secretary of the administrative-territorial unit and services within specialized apparatus of a mayor. "
  

43. Paragraph 1 of article 47 shall read as follows: Art. 47. — (1) cannot take part in the deliberation and the adoption of decisions, local councillor, either personally or through his wife, spouse, relatives up to affine transformation or fourth degree inclusively, has a proprietary interest in the subject of the debates of the Council. "
44. Article 48 shall read as follows: Art. 48. the local Government shall Judgments-signs of Chairman of the meeting, elected under the conditions laid down in article 21. 37, and countersigned, for legality, by the Secretary. Where the Chairman of session is missing or refuses to sign, the local Council's decision shall be signed by 3-5 local councilors. "
45. paragraphs (1) and (2) of article 49 shall read as follows: Art. 49. — (1) the Secretary of the administrative and territorial unit will not countersign the decision if it considers that this is illegal. In this case, will make the writing and will expose City Council reasoned opinion, which will be recorded in the minutes of the meeting.

(2) the Secretary of the administrative and territorial unit will communicate the decisions of the local Council of the Mayor and the Commissioner forthwith, but not later than 10 working days from the date of its adoption. "
  

46. In paragraphs (1) to (6) of article 52 shall read as follows: Art. 52. — (1) In the exercise of their local councillors are in the service of the local community.

(2) the mayor shall be obliged as Secretary and, through their own device, to provide local councilors, at their request, not later than 10 working days, the information necessary for the fulfilment of his mandate.
  

(3) local councillors are required, in carrying out the mandate that, to organize periodic meetings with citizens and to give audiences.
  

(4) Every local councillor, Deputy Mayor and are required to submit an annual activity report, which will be made public through the Secretariat.
  

(5) to participate in meetings of the local Council and of the specialized commissions, local councillor receives an allowance determined in accordance with the law.
  

(6) local councillors are entitled to the reimbursement that it carries out in fulfilment of their mandate, in accordance with the law. "
  

47. Article 54 shall read as follows: Art. 54. In the work of the local Council-can assist and get the word out, without the right to vote, the County prefect, Chairman or their representatives, deputies and senators, Ministers and other members of the Cabinet of Ministers, Secretaries of State and subsecretarii, the decentralized public services chiefs of ministries and other bodies of administrative-territorial units, in matters relating to its areas of responsibility for these services, as well as interested persons , invited by the Mayor. "
48. Paragraph 1 of article 55 shall read as follows: Art. 55. — (1) the inhabitants of villages that do not have local councillors elected in local councils are represented at meetings of the Council of a village. "
49. paragraphs (2) and (6) of article 56 shall read as follows: "(2) may be members of the specialized committees only local councillors.


(6) the Organization, functioning and tasks of the specialized committees shall establish their rules of organization and functioning of the local Council, with due regard for policy configuration resulting from the local elections. "
  

50. Article 57 shall be repealed.
51. Article 58 shall read as follows: Art. 58. — (1) the City Council shall be dissolved or referendum. The City Council is dissolved by operation of law: a) where it is not meet for two consecutive months;
  

b) where not in 3 consecutive ordinary meetings no judgment;
  

c) in the event that the number of Councillors shall be reduced by half plus one and cannot complete replacements.
  

(2) the Mayor, Vice Mayor, Secretary of the administrative and territorial unit or any other person concerned shall refer the matter to the Administrative Court concerning the cases referred to in paragraph 1. 1. The Court shall examine the facts and to pronounce concerning the dissolution of the local Council. Judgment of the Court shall be final and shall be notified to the prefect.
  

3. the City Council may be dissolved by local referendum, held under the law. The referendum shall be held at the request of the Commissioner to that effect addressed to at least 25% of the voting citizens registered on the electoral lists of the administrative territorial unit.
  

(4) expenses for holding the referendum referred to in paragraph 1. (3) shall be borne by the budget.
  

(5) local referendum is organized in accordance with the law, by a Commission named by order of the prefect, composed of a representative of the Commissioner, one representative of the Mayor of the local Council, and of the County Council and a judge of the District Court in whose jurisdiction the administrative-territorial unit in question. The Secretary of the Commission shall be provided by the institution of the Commissioner.
  

(6) the referendum is valid if presented themselves to the polls at least half plus one of the total number of residents with voting rights. Local Council ceases activity ahead of schedule if you opted for this purpose at least half plus one of the total number of votes validly cast.
  

(7) fix the date for holding the election of the new Board is made of local government, at the initiative of the Commissioner. The election shall be held no later than 90 days after the remaining final and irrevocable court decision which found the dissolution of the local Council or, where appropriate, of the outcome of the validation of the referendum.
  

(8) the establishment of the new Board until the local mayor or, in his absence, the Secretary of the administrative and territorial unit will solve the current problems of the district, town or municipality, according to the powers and duties conferred on it by the law.
  

(9) the local councils can organize on their own initiative or on the initiative of the Mayor, where appropriate, the Joint Committee made up of local councillors, officials and other specialists, for a fixed period. The composition of the boards, the objectives and the dates of their activity shall be established by decisions of local councils. Meetings of the mixed committees are public. "
  

52. The title of section 5 shall read as follows: "the suspension of the mandate of the local councillor" 53. Article 59 shall read as follows: Art. 59. — (1) the term of Office of local councillor will be suspended by operation of law only where it was detained preventively. The measure of preventive arrest shall be communicated forthwith by the Court Commissioner, who, by order, suspend the mandate.

(2) Suspension lasts until the cessation of the situation referred to in paragraph 1. (1) suspension shall order shall immediately notify your local Adviser.
  

(3) where a local Councilor whose mandate was suspended was found not guilty, he shall be entitled to compensation under the law. "
  

54. Article 61 shall read as follows: Art. 61. — (1) municipalities, cities and municipalities have a mayor and a Deputy Mayor, and county municipalities have a mayor and two deputy mayors, elected in accordance with the law.

(2) the Mayor and the Deputy Mayor is subordinate to the law of his or her predecessor's term, which may delegate its duties.
  

(3) the Deputy Mayor shall be elected by a majority vote, local councilors from among its members.
  

(4) the change in the function of the cases can be done by the local Council, by decision adopted by a majority vote of Councillors in Office, the Mayor's proposal or one third of the Councillors in Office.
  

(5) the term of Office, Mayor and Vice-Mayor shall receive a monthly allowance, as a unique form of remuneration corresponding to the work of the Mayor and the Deputy Mayor, and which represents the basis for the determination of rights and obligations shall be determined in relation to the salary. The Mayor and Vice-Mayor shall not benefit from the bonus for seniority of work and any other bonuses prescribed by law.
  

(6) the duration of the mandate and constitute in specialty studies completed.
  

(7) during the exercise of his duties, the Deputy Mayor shall retain the status of a local councillor, without the benefit of compensation in respect of this Statute. "
  

55. Article 63 shall read as follows: Art. 63.-validation of mandate of the mayor shall be made according to the provisions of art. 29 ^. (1) to (5), which shall apply accordingly. "
56. In paragraphs (1) and (2) article 64 shall be repealed.
57. Paragraph 4 of article 64 shall read as follows: "(4) in case of invalidation of the election of the Mayor, the prefect upon proposal of the Government, will set the election date. They shall take place within a maximum period of 90 days from the date of the invalidation or, where appropriate, from the date of the remaining final and irrevocable judgment, in accordance with the law. "

58. Article 66 shall read as follows: Art. 66. — (1) the Mayor performs a function of public authority.

(2) the mayor shall ensure compliance with fundamental rights and freedoms of the citizens, of the provisions of the Constitution, as well as the implementation of laws, decrees of the President of the judgments and orders of the Government, the local Council decisions; has the necessary measures and assist in the implementation of the orders and instructions of the normative character of the other Ministers, heads of central public administration authorities of the prefect, and of the County Council, in accordance with the law.
  

(3) for the implementation of activities under its jurisdiction given by the regulatory acts specified in paragraph 1. (2) the mayor shall receive a specialized device, which he leads.
  

(4) specialized Device's Mayor is divided into functional compartments under the law. Its functional compartments are framed with civil servants and contractual staff.
  

(5) the Mayor leads public services. "
  

59. In paragraph (1) of article 67 shall read as follows: Art. 67. — (1) the Mayor represents the administrative-territorial unit in relations with public authorities, natural or legal persons with the Romanian times, as well as the judiciary. "
60. Article 68 shall read as follows: Art. 68. — (1) the Mayor performs the following main categories of tasks: the powers of) as a representative of the State, in accordance with the law;
  

b duties relating to) relationship with the City Council;
  

(c) the duties relating to the budget);
  

d public service tasks) provided;
  

e) other duties determined by law.
  

(2) pursuant to paragraph 1. (1) (a). Mayor meets), the Office of civil status officer and guardianship authority and ensures functioning of local public services, duties on the Organization and holding of elections, referenda and the census. Mayor meets and other duties determined by law.
  

(3) in exercising the powers referred to in paragraph 1. (1) (a). (b)), the mayor shall submit: (a) local) in the first quarter, an annual report on the status of economic, social and environmental issues of the administrative-territorial units;
  

b) at the request of the Council presents local, other reports and briefings;
  

c) develops proposals for strategies on condition of economic, social and environmental issues of the administrative-territorial unit and local Council makes subject to approval.
  

(4) in exercising the powers referred to in paragraph 1. (1) (a). c), Mayor: a) he is the originator of the principal;
  

(b) the draft budget drawn up locally) and the account of the end of the budget year and submit them to the Council for approval;
  

c) initiates, in accordance with the law, negotiations for contracting loans and issuance of securities in the name of administrative-territorial units;
  

d) verify, through the specialized compartments, correct tax number of taxpayers to the tax body, both the main office and headquarters.
  

(5) in exercising the powers referred to in paragraph 1. (1) (a). d), Mayor of realization:) coordinates the public services of local interest, provided via the device or through the bodies providing public services and the public interest of local interest;
  

(b) take measures to prevent) and, where applicable, the management of emergency situations;
  

c) takes steps to organizing the execution and enforcement of the concrete activities in the areas referred to in article 1. 38 para. (6) (a). a)-d);
  

d) takes measures to ensure that the inventory, statistical records, inspection and control of carrying out public services of local interest. 38 para. (6) (a). a)-(d)), as well as assets in the public and private patrimony of administrative-territorial units;
  

e) called, and has imposed the suspension, modification and termination of service or, where appropriate, of employment relationships, in accordance with the law, for the staff of the specialized equipment, as well as the heads of institutions and public services of local interest;
  

f drawing up urban plans) provided by law, subject to the approval of the local Council them and act for their observance;
  

g) deliver opinions, agreements and permits data under its jurisdiction by law and other normative acts;
  

h) arrange for work and take the necessary measures to comply with the commitments entered into in the process of European integration in the field of environmental protection and water management for the services provided to citizens.
  

(6) in order to exercise its duties properly, the Mayor has been collaborating with the decentralized public services of ministries and other bodies of the central public administration territorial-administrative units, as well as with the County Council.
  

(7) the appointment of the heads of institutions and public services of local interest shall be made on the basis of the contest organized according to procedures and criteria approved by the City Council, the Mayor's proposal, in accordance with the law. The appointment is made by the Mayor, having annexed contract management. "
  

61. Paragraph 2 of article 69 shall read as follows: "(2) the prefect, the Mayor may request, in accordance with the law, support the decentralized public services leaders of ministries and other bodies of the central public administration territorial-administrative units, if the tasks the incumbent cannot be resolved through specialized apparatus."
62. Article 70 shall read as follows: Art. 70.-powers of the civil status officer and guardianship authority can be delegated and territorial-administrative unit Secretary or other civil servants from the specialist with expertise in this area, according to the law. "
63. According to article 70 shall be introduced two new articles, articles 70 and 70 ^ 2 ^ 1 with the following content: "Art. 70 ^ 1. -(1) the mayors of communes can engage, the maximum number of posts approved, a staff counselor. Mayors of towns, municipalities and county municipalities may establish, within the limit of the maximum number of posts that have been approved, the Mayor's Cabinet, distinct compartment consisting of: (a) not more than 3 persons) cities and municipalities;
  

(b) not more than 5 persons) from county municipalities.
  

(2) paragraph Staff. (1) is called and dismissed by the Mayor.
  

(3) the staff referred to in paragraph 1. (1) operates under an individual contract of employment contracts, concluded in accordance with the law, the duration of the term of Office of the Mayor.
  

(4) the duties of the personnel referred in paragraph 1. (1) shall be determined by order of the Mayor.
  

Art. 70 ^ 2. -(1) the Mayor of the municipality of Bucharest, assimilated, Minister may establish the maximum number of posts approved, Mayor, distinct compartment comprising the following runtime functions: Director of cabinet, cabinet, 3 assistants 8 personal advisors, 2 secretaries and personal assistants 2 personal couriers.

(2) personnel within the Cabinet for general Mayor of Bucharest will be done according to cap. (II) subparagraph (c). B of the annex. 1 to Ordinance No. 3/2006 on wage increases that will be awarded in 2006 the budgetary personnel paid according to Government Emergency Ordinance nr. 24/2000 on the system of the basic wage for contractual staff in budgetary sector and staff paid according to annexes II nr. And III to law No. 154/1998 on establishing the system of basic salaries in budgetary sector and allowances for persons occupying public dignity functions. "
  

64. paragraphs (1), (2), (4) and (6) of article 72 shall read as follows: Art. 72. — (1) the term of Office of the Mayor is 4 years old and is up to oath-taking by newly-elected mayor. The Mayor's term of Office may be extended, by an organic law, in the event of war, natural disasters, disaster or particularly serious distress.

(2) the term of Office of Mayor ceases in accordance with the law the Statute of local elected officials, as well as in the following situations: a) if it is impossible owing to the tenure of a serious illness, certificates, which do not allow activity in good condition for 6 months during a calendar year;
  

b) if it does not exercise, unjustifiably, the mandate for 45 days in a row.
  



(4) order of the prefect may be attacked by the Mayor to the administrative court within 10 days of receipt.
  



(6) the date of the Organization of elections for mayor shall be established by the Government, upon the proposal of the prefect. They shall take place within a maximum of 90 days after the expiry of the period referred to in paragraph 1. (4) or the judgment of the Court, under the terms of paragraph 1. (5)."
  

65. In paragraphs (1), (2) and (4) of article 73 shall read as follows:

"Art. 73. (1) the term of Office of Mayor ceases as a result of the outcome of a local referendum aimed at its dismissal in accordance with the law, in accordance with the procedure laid down in article 21. 58 para. (3) to (7).

(2) the Mayor's referendum shall be held to be terminated as a result of the request addressed to the Commissioner in this regard by the inhabitants, the city or municipality, as the result of it without respecting the interests of the local community or non-exercise of competences conferred on it by the law, including those which he carries as a representative of the State.
  



(4) the Organization of the referendum must be requested in writing by at least 25% of the residents with voting rights. This percentage must be achieved in each of the localities of the components of the commune, town or city. "
  

66. Articles 74, 75 and 76 shall be repealed.
77. Article 67 shall read as follows: Art. 77. — (1) the term of Office of the Mayor will be suspended by operation of law only where it was detained preventively. The measure of preventive arrest shall be communicated forthwith by the Court Commissioner, who, by order, suspend the mandate.

(2) the order of suspension shall be notified as soon as the Mayor.
  

(3) Suspension lasts until the cessation of the situation referred to in paragraph 1. (1) and (4) If the Mayor suspended from Office was found not guilty, he shall be entitled, in accordance with the law, to payment of the corresponding to the period during which he was suspended.
  

(5) the provisions of paragraphs 1 and 2. (1) to (4) shall also apply to cases. "
  

68. Articles 78, 79 and 81 are repealed.
69. Article 82 shall read as follows: Art. 82. (1) in the case of primary function, as well as in the case of suspension from Office as its powers conferred by this law shall be exercised by the Deputy Mayor of or, where appropriate, by one of the deputy mayors appointed by the City Council with a vote of the majority of Councillors in Office.

(2) In the situation referred to in paragraph 1. (1) the Council may delegate the decision locally, from among its members, a local councillor who will perform the duties of the temporary cases.
  

(3) in the event that I am suspended from Office, at the same time, both the Mayor and Deputy Mayor, the City Council has delegated a local councillor who will perform both the duties of Mayor, as well as those of the cases, up to the termination of the suspension.
  

(4) If they become vacant at the same time, both the Mayor and the Deputy Mayor, the City Council shall elect a Deputy Mayor, new paragraph. (1) and (2) apply to up to choose a new mayor. The date of organization of the election for mayor is determined by the Government, upon the proposal of the prefect. The election shall be held no later than 90 days after the Mayor position becomes vacant. "
  

70. The title of chapter IV shall read as follows: "Institutions, local public services, and the device specialized Mayor" 71. In chapter IV, section 1, articles 83, 84, 85 and 86 are repealed.
72. Article 87 shall read as follows: Art. 87.-local councils may establish and organize institutions and public services of local interest in the main areas of activity, according to local needs and particularities, while complying with the legal provisions and within the limits of the financial resources available to them. "
73. Article 88 shall read as follows: Art. 88. — (1) the appointment and dismissal of the staff of institutions and public services of local interest are made by their leaders, according to the law.

(2) the appointment and dismissal of the staff of the Mayor's specialty is doing the Mayor, according to the law. "
  

74. Article 89 shall read as follows: Art. 89.-Officials within the institutions and public services of local interest and within the specialized device Mayor enjoys stability according to the law. "
75. Paragraph 2 of article 90 shall read as follows: "(2) in the territorial-administrative units in which citizens belonging to national minorities have a share of over 20% of the number of inhabitants, in their relations with local public administration authorities, and subordinate bodies of the local Council, they may apply orally or in writing, and in their native language and receive answer in both the Romanian language and in their mother tongue. "
76. Article 91 shall read as follows: Art. 91.-Mayor, Vice Mayor, Secretary of the administrative and territorial unit and appliance specialist Mayor constitutes a functional structure with permanent activity, called the Mayor's Office, city or municipality, which leads to comply with decisions of the City Council and the Mayor provisions addressing current problems of the local community. "
77. paragraph (1) of article 97 shall read as follows: Art. 97. — (1) the mayors and deputy mayors of Bucharest Municipality sectors operates under the provisions of this law for the mayors and deputy mayors of communes and towns and fulfil the tasks stipulated by the law for them, except for those relating to consultation of the population through a referendum, organized for local problems of special interest, and measures prescribed by law for the holding of public meetings, which shall be exercised only by the Mayor of the municipality of Bucharest. "
78. Article 98 shall read as follows: Art. 98.-Secretaries of the sectors of Bucharest and the Secretary general of Bucharest are properly applicable provisions of cap. VI ^ 4. "
79. Article 101 shall read as follows: Art. 101. (1) the County Council is the local government authority established by the County to coordinate the work of the municipal councils and municipal, communal, in pursuit of the public services of County interest.

(2) the County Council is composed of elected district councilors, through universal, equal, direct, secret and free suffrage, in accordance with the law. "
  

80. The introductory part of article 102 shall read as follows: Art. 102.-the number of members of each County Board shall be fixed by order of the prefect, depending on the number of inhabitants of the County, reported by the National Statistics Institute on 1 January of the current year or, where appropriate, by 1 July of the year preceding the election, as follows: ".
81. After article 102 shall be inserted a new article, article 102 ^ 1 with the following content: "Art. 102 ^ 1. -To validate the mandates of District Councillors apply properly the procedure laid down in article 21. 29 ^ 1, the competent court being the Court of first instance. "
82. Article 104 shall read as follows: Art. 104. (1) the County Council performs the following main categories of tasks: a) duties on the Organization and operation of specialized equipment of the County Council, institutions and public services of County interest and commercial firms and public corporations autonomous county interest;
  

(b) concerning the development of economic powers) of the County;
  

c the management of competences) the heritage of the County;
  

d) public service management tasks from subordinates;
  

e inter-institutional cooperation duties);
  

f) other duties prescribed by law.
  

(2) in exercising the powers referred to in paragraph 1. (1) (a). the County Council): a) choose from among district councilors, a Chairman and 2 Vice-Chairmen;
  

(b) the establishment or reorganization) acting by institutions, companies and public services of County interest, as well as the reorganization of County interest autonomous public corporations, in accordance with the law;
  

c) approves the Organization and operation of the County Council, organisation chart, the State functions, the rules of organization and functioning of the reproductive system, as well as of the institutions and public services of County interest and commercial firms and public corporations autonomous county interest;
  

d) exercises, in the name of the County, all rights and obligations corresponding to participations in companies or 1900, according to the law;
  

e) called, and has imposed the suspension, modification and termination of service or, where appropriate, of employment relationships, in accordance with the law, for the heads of institutions and public services of County interest.
  

(3) in exercising the powers referred to in paragraph 1. (1) (a). b), County Council: a) approve, on the proposal of the President of the County Council, the County's own budget, virările, how to use budgetary and reserve account of the end of the budget year;
  

(b) approves the proposal) to the President of the County Council, Contracting and/or guarantee loans, and contracting of local public debt by issuing securities on behalf of the County, according to the law;
  

c) taxes and fees the County under the law;
  


d) adopt strategies, forecasts and economic and social development and environment of the County, on the basis of proposals received from local councils; features, approve and pursue, in cooperation with local public administration authorities, municipal and communal stakeholders, necessary measures, including financial ones, to achieve them;
  

e) establishes, on the basis of the opinion of the local councils of the administrative-territorial units involved, organizing projects and landscaping of the County, as well as its overall urban development and administrative-territorial units; seeks way for achieving them, in cooperation with local public administration authorities or municipal municipal municipal, involved;
  

f) approve technical and economic documentation for investment of County interest, within the limits and in accordance with the law.
  

(4) in exercising the powers referred to in paragraph 1. (1) (a). c), County Council: a) the Administration decides, concession or leasing public property property of the County, as applicable, as well as public services of County interest, in accordance with the law;
  

b) decides the sale, lease or rental of goods or private property of the County, as applicable, in accordance with the law;
  

c) assigns, under legal terms, names of targets of interest.
  

(5) in exercising the powers referred to in paragraph 1. (1) (a). d), County Council: a) ensures, in accordance with its powers and in accordance with the law, necessary for the provision of public services of County interest relating to: 1. education;
2. social services for child protection, disabled persons, older persons, the family and other persons or groups in need;
3. health;
4. culture;
5. youth;
6. sport;
7. public order;
8. emergency situations;
9. the protection and restoration of the environment;
10. the preservation, restoration and the value of the historical and architectural monuments, parks, public gardens and natural resources;
11. the evidence of persons;
12. bridges and public roads;
13. Community public utility services of County interest, as well as the supply of natural gas;
14. other public services established by law;

b) supports, according to the law, the activity of religious worship;
  

c) deliver opinions, agreements and permits data under its jurisdiction by law;
  

d) consults in specific areas, according to the law, administrative-territorial units in the County, at their request.
  

(6) in exercising the powers referred to in paragraph 1. (1) (a). e), County Council: a) Decides, in accordance with the law, cooperation or association with Romanian legal persons, including foreign times partners from civil society, in order to finance and execute the actions, works, services or projects of public interest in the County;
  

b) Decides, in accordance with the law, the twinning with county administrative-territorial units from other countries;
  

c) Decides, in accordance with the law, cooperation or association with other administrative-territorial units in the country from abroad, as well as times and adherence to national and international associations of local authorities, in order to promote common interests. "
  

83. After article 104 shall be inserted a new article, article 104 ^ 1 with the following content: "Art. 108 ^ 1. -The persons empowered to represent the interests of the territorial-administrative unit in the company, 1900 of County interest, inter-community development associations and other cooperation or partnership shall be designated by the County Council, in accordance with the law, respecting the resulting policy configuration after the local elections. "
84. Paragraph 1 of article 106 shall read as follows: Art. 106. — (1) the Council shall meet in ordinary session every month, at the request of the President of the County Council. "
85. Article 107 shall read as follows: Art. 107. (1) the County Board meetings are conducted in the presence of the majority of Councillors in the District Office.

(2) the presence of advisers in the sitting district is mandatory. Cases where it is considered that the absence of special reasons shall be determined by the rules of organization and functioning of the County Council. In the event that a county councilor is absent for two consecutive times without serious reasons, it may be sanctioned under the terms of the regulations governing the Organization and functioning of the Council. "
  

86. Paragraph 2 of article 108 shall read as follows: "(2) where, for good reasons, is missing and the Deputy Chairman designated under the terms of art. 118, meeting will be headed by a Vice President or other Advisor, elected district councilors by a majority vote. "
87. (1 ^ 1) and (2) of article 109 shall read as follows: "(1 ^ 1) draft decisions may be candidates for district councilors, County Council President, Vice-Presidents of the County Council or by citizens. Drafting is done by those who propose, with the support of the Secretary of the administrative-territorial unit and services within specialized apparatus of the County Council.

(2) Judgments shall be signed by the Chairman or, in his absence, by the Vice-Chairman of the County Council who headed the meeting and countersigned by the Secretary of the County. "
  

88. Article 110 shall read as follows: Art. 110.-the provisions of articles. 43-46, 49-46, and of art. 56 shall apply accordingly. "
89. Article 111 shall read as follows: Art. 111. (1) the County Council is dissolved by operation of law under the conditions of art. 58 para. (1) (a). the-c)) or by referendum.

(2) the County Secretary or any other person concerned shall refer the matter to the Administrative Court concerning the cases referred to in paragraph 1. 1. The Court shall examine the facts and to pronounce concerning the dissolution of the County Council. Judgment of the Court shall be final and shall be notified to the prefect.
  

(3) the County Council can be dissolved through referendum, organized in accordance with the law. The referendum shall be held at the request of the Commissioner to that effect addressed to at least 20% of the number of citizens with the right to vote, enrolled on the electoral roll of the administrative territorial unit.
  

(4) expenses for holding the referendum referred to in paragraph 1. (3) shall be borne by the budget of the County.
  

(5) County Referendum is organized in accordance with the law, a Committee composed of one representative of the prefect of the County Council designated by the County Council and a judge at the courthouse. The Commission's secretariat is provided by the institution of the Commissioner.
  

(6) the referendum is valid if presented themselves to the polls at least half plus one of the total number of residents with voting rights. The County Council's activity is terminated ahead of schedule if you opted for this purpose at least half plus one of the total number of votes validly cast.
  

(7) fix the date for holding the election of the new Board of the County Government, is made at the initiative of the Commissioner. The election shall be held no later than 90 days after the remaining final and irrevocable court decision which found the dissolution of the County Council or, where appropriate, of the outcome of the validation of the referendum.
  

(8) until the formation of the new County Council, county administration of problems will be resolved by the Secretary of the County, on the basis of special authorisation given by the Government, through the Ministry of administration and Interior. "
  

90. Article 112 shall read as follows: Art. 112.-the term of Office of the county counsel is suspended pursuant to article. 59.91 ". In chapter VI, the title of section 4 shall read as follows: "SECTION 4 of the President and Vice-Presidents of County Council ' 92. Article 113 shall read as follows: Art. 113. (1) the Council shall elect from among its members a Chairman and two Vice-Chairmen.

(2) the President and Vice-Presidents shall be elected by secret ballot by a majority vote of the District Councillors in Office.
  

(3) dismissal of the Chairman or Vice-Chairman of the County Council shall be by secret vote of the majority of Councillors in Office, at the initiative of at least a third of their number. Dismissal of the Chairman or Vice-Chairman of the County Council cannot be made within the last 6 months of the term of Office of the County Council.
  

(4) the term of Office of the President's, and Vice-Presidents of County Council shall receive a monthly allowance, as a unique form of remuneration corresponding to the work of the functions of Chairman and Vice-Chairman of the County Council, which represents the basis for the determination of rights and obligations shall be determined in relation to the salary. The President and Vice-Presidents of County Council does not benefit from the bonus for seniority of work and any other bonuses prescribed by law.
  

(5) the duration of the mandate constitutes and completed studies in the specialty. "
  


93. Paragraph 3 of article 114 shall read as follows: "(3) specialized apparatus of the County Council is subordinate to its President. Officials from specialized apparatus of the County Council enjoys stability according to the law. "
94. Article 115 shall read as follows: Art. 115. (1) the President of the County Council is responsible for the proper functioning of the appliance specialty of the County Council, on which he leads. Coordination of the specialized compartments can be delegated, by the County Council to the President, the Vice Presidents or others, in accordance with the law.

(2) the President of the County Council shall ensure that the provisions of the Constitution, the implementation of laws, decrees of the President of the judgments and orders of the Government, of the County Council, as well as other legislative acts. "
  

95. Article 116 shall read as follows: Art. 116. — (1) the President of the County Council meets, according to the law, the following main categories of tasks: tasks concerning the functioning of the appliance) specialty of the County Council, institutions and public services of County interest and to companies and public corporations autonomous county interest;
  

b the relationship with attributions) County Council;
  

c) attributions regarding the budget of the County;
  

d) relationship with other tasks relating to the authority of local public administration and public services;
  

e) concerning public powers of County interest;
  

f) other duties provided by law or the tasks given by the County Council.
  

(2) in exercising the powers referred to in paragraph 1. (1) (a). President of the County Council): a) shall establish and submit to the approval of the County Council regulation on the organisation and operation thereof, the organizational structure, functions and State rules of organization and functioning of the device, as well as of the institutions and public services of County interest and commercial firms and public corporations autonomous county interest;
  

b) called, and has imposed the suspension, modification and termination of service or, where appropriate, of employment relationships, in accordance with the law, for the staff of the specialized apparatus of the County Council.
  

(3) in exercising the powers referred to in paragraph 1. (1) (a). (b)), the Chairman of the County Council: the County Council) leads meetings and measures necessary for preparation and conduct of in good condition;
  

b) presents the County Council, or upon request, reports on how to fulfil its duties and of the County Council;
  

c) proposes the County Council the appointment, sanctioning, modification and termination of service or, where appropriate, of employment relationships, in accordance with the law, for the heads of institutions and public services of County interest.
  

(4) in exercising the powers referred to in paragraph 1. (1) (a). (c)), the Chairman of the County Council: a) exerts the function of authorising officer for loan principal;
  

b) draft budget of the County and draws up the account of the end of the budget year and submit them to the approval of the County Council, under the conditions and within the time limits provided for by law;
  

c) follows the way in which budgetary revenues and the County Council take the necessary measures for the collection thereof;
  

d) initiates, with approval of the County Council, negotiations for the contracting of loans and securities in the name of the County.
  

(5) in exercising the powers referred to in paragraph 1. (1) (a). (d)), the Chairman of the County Council: a) methodological guides by specialty appliance of the County Council, the activities of the civil status Act and the guardianship authority in municipalities and cities;
  

b) may be granted, without charge, through the device of the County Council's specialized, technical support, legal assistance, and any other local councils or mayors, at their express request.
  

(6) in exercising the powers referred to in paragraph 1. (1) (a). (e)), the Chairman of the County Council: a) coordinates public service and accomplishment of public benefit of County interest provided via specialized apparatus of the County Council or through the bodies providing public services and the public interest of County interest;
  

b) take measures to organize the execution and enforcement of the concrete activities in the areas referred to in article 1. 104 paragraphs 1 and 2. (5) (a). a)-d);
  

c) ensure records, statistics, inspection and monitoring of performance of public services and public interest of County interest provided for in art. 104 paragraphs 1 and 2. (5) (a). a)-(d)), as well as assets in the public and private heritage of the County;
  

d) deliver opinions, agreements and permits data under its jurisdiction by law or decree of the County Council;
  

e) coordinates and controls the bodies providing public services and the public interest of County interest set up by the County Council and its subordinate;
  

f) coordinates and controls the activities of the infrastructure investments and the rehabilitation of the County.
  

(7) the Chairman of the County Council may delegate Vice Presidents, by disposition, the tasks listed in paragraph 1. (6)."
  

96. According to article 116 shall be inserted a new article, article 116 ^ 1 with the following content: "Art. 116 ^ 1. -(1) the President of the County Council may establish, within the limit of the maximum number of posts that have been approved, the President's Cabinet, distinct compartment composed of a maximum of 5 persons.

(2) the staff of the President's Cabinet is appointed and dismissed by the President of the County Council.
  

(3) the staff of the Cabinet of the President of the County Council operates under an individual contract of employment contracts, concluded according to law, during the mandate of the President of the County Council.
  

(4) the powers referred to in paragraphs 1 and 2 of the personnel compartment. (1) shall be determined by the President of the County Council. "
  

97. Paragraph 1 of article 118 shall read as follows: Art. 118. (1) in the case of the suspension of its President, the powers shall be exercised by one of the Vice-Chairpersons, designated by the County Council by a majority vote of the District Councillors in Office. "
98. Article 119 shall read as follows: Art. 119. (1) the President and Vice-Presidents of County Council retains its status of County Councillor.

(2) the provisions of art. 72 and 77 apply properly and the President of the County Council. "
  

99. Article 120 shall be repealed.
100. After Chapter VI ^ 1 to introduce four new chapters, chapters VI-VI ^ 2 ^ 5, with the following content: "CHAPTER VI ^ 2 public Art Administrator. 120 ^ 4. -(1) at the level of municipalities and cities, the Mayor of the local Council may propose the establishment of the Office of the public administrator, the maximum number of posts to be approved.

(2) the appointment and dismissal of the public administrator shall be made by the Mayor, on the basis of criteria, procedures and specific powers, approved by the City Council. Depending on appointment shall be made on a competitive basis.
  

(3) the public Administrator may perform under a management contract, concluded with the Mayor, coordination of the tasks or public services of local interest.
  

(4) the Mayor may delegate to the administrator of the public, according to the law, the main originator of quality loans.
  

Art. 120 ^ 5. -(1) at the level of counties, County Council President may propose to the Council the establishment of County public administrator function, the maximum number of posts to be approved.

(2) the appointment and dismissal of the public administrator shall be made by the President of the County Council, on the basis of criteria, procedures and specific powers, approved by the County Council. Depending on appointment shall be made on a competitive basis.
  

(3) the public Administrator may perform under a management contract, concluded with the President of the County Council, the powers of the device or of the public services of County interest.
  

(4) the President of the County Council may delegate to the administrator of the public, according to the law, the main originator of quality loans.
  

Art. 120 ^ 6. -(1) inter-community development Associations can decide on the appointment of a public administrator for the management of services of general interest which are covered by the Association.

(2) Recruitment, appointment and dismissal of public administrator of inter-community development associations shall be made on the basis of specific procedures of the boards and are approved by decisions of local councils and county councils concerned.
  

Chapter VI ^ 3 Art. 120 ^ 7. -(1) for the performance of their duties: a) the mayor shall issue;
  

b) City Council adopts decisions;
  

c) County Council adopts decisions.
  


(2) the mayor shall be notified to the prefect of the County, within 5 working days of signing them.
  

(3) decisions of the City Council shall be communicated to the Mayor of: (a));
  

(b) the County prefect).
  

(4) decisions of the County Council shall be notified to the prefect of the County.
  

(5) documents between local public administration authorities and with the County prefect is carried out by means of the territorial-administrative unit Secretary.
  

(6) the acts of the local public administration authorities shall be made public by the Secretariat administrative and territorial unit.
  

(7) the decisions of the City Council, Mayor and County Council decisions are subject to the control of legality of the prefect, in accordance with the law governing its activities.
  

Chapter VI ^ 4 Art. 120 ^ 8. (1) every territorial-administrative unit and administrative-territorial subdivision of municipalities has a Secretary paid from local budgets. The Secretary of the village, town, city, County and the administrative-territorial subdivision of municipalities is public servant leadership, with higher education legal or administrative. Secretary enjoys stability.

(2) the Secretary of the administrative and territorial unit may not be a member of a political party, under penalty of dismissal from Office.
  

(3) the Secretary of the administrative and territorial unit may not be the husband, wife or first-degree relative with the mayor or Deputy Mayor, with the Chairman or Vice-Chairman of the County Council, under penalty of dismissal.
  

(4) the recruitment, appointment, suspension, modification, termination of service and the disciplinary regime of the territorial-administrative unit Secretary shall be made in accordance with the provisions of the legislation concerning the public function and civil servants.
  

Art. 120 ^ 9. -Territorial-administrative unit Secretary meets, according to the law, the following powers: to endorse, for legality), Mayor and President of the County Council, the decisions of the local Council, the County Council;
  

b) participates in meetings of the local Council, the County Council;
  

c) ensures the management of administrative procedures concerning the relationship between the local Council and Mayor, respectively, the County Council and its Chairman, as well as between them and the prefect;
  

d) organise and track statistical archive of judgments of the local Council and Mayor, respectively of the judgments of the County Council and the County Council of the President;
  

e) transparency and communication to the public authorities, institutions and persons concerned the acts referred c), according to the law No. 544/2001 on free access to information of public interest;
  

f) provides the procedures for convening the local Council, the County Council, and secretarial works, communicates the agenda, draws up the minutes of the meetings of the local Council, the County Council, and drafted local Council decisions of County Council;
  

g) prepares the work subject to debate local Council, the County Council, and specialized commissions;
  

h) other duties provided by law or by the local Council data tasks, Mayor, County Council or County Council President, as applicable.
  

Chapter VI ^ 5) nepunerea, in bad faith, of the City Council by the Mayor;
  

b) nepunerea, in bad faith, of the County Council by the Chairman of the County Council;
  

c) failure within the period prescribed by the law on local public finances the budget of administrative-territorial unit by the Mayor, the County Board Chairman, respectively, of their guilt;
  

d) failure by the mayor or President of the County Council of the reports provided for by law, their fault;
  

(e) failure to take necessary measures) stipulated by the law, by the mayor or President of the County Council, in their capacity as representatives of the State in the territorial-administrative units.
  

(2) the finding of violations and imposition of fines shall be made by the prefect, in his capacity as a public authority, Government representative in the region.
  

(3) the provisions of this article shall complement the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented. "
  

(4) construction Owners specified in paragraph 2. (3) shall be notified within 15 days of the decision of the local Council or the County and can express the option of purchase within 15 days of receipt of the notification. "
  

Art. 120 ^ 10. -(1) Constitute contraventions and is sanctioned with a fine from 1,000 to 5,000 lei lei the following acts: 101. Paragraph 3 of article 123 shall read as follows: "(3) Donations and bequests with loads may be accepted only with the approval of the local Council or, where appropriate, of the County Council, with the majority vote of the Councillors or district, as appropriate, in the light."
102. Article 123 shall be inserted a new paragraph, paragraph (4), with the following contents: "(4) the exchange of real estates in the area of administrative-territorial units shall be in accordance with the law, on the basis of an evaluation report by the City Council appropriated."
103. Article 125 shall be introduced two new paragraphs (3) and (4) with the following content: "(3) by way of derogation from paragraph 1. (2) if the local or county councils decide on the sale of land owned by private administrative-territorial units that are high construction, builders in good faith of any of these with a pre-emptive right to buy land plot construction. The selling price shall be determined on the basis of an evaluation report, approved by the City Council or County, as applicable.
104. Article 128 shall read as follows: Art. 128.-construction and repair Works in the public interest, financed from the budgets of communes, towns, municipalities or counties, is running only on the basis of approved technical economic documentation or, where applicable, approved by the City Council and County Council times only on the basis of a public tender, within the limits and under the conditions prescribed by law. "
105. Article 129 shall read as follows: Art. 129.-planning Documentation and relating to landscaping, city, municipality and County shall be prepared, approved and financed in accordance with the law. "
106. in Chapter VIII, section 2 shall be repealed.
107. Articles 149-153 is repealed.
108. Paragraph 1 of article 154 shall read as follows: Art. 154.-(1) local Councillors or district, as appropriate, the mayors, deputy mayors, Mayor of the municipality of Bucharest, mayors and deputy mayors of territorial-administrative subdivisions of the Presidents and Vice-Presidents of County Councils, Secretaries of administrative territorial units and specialized personnel from the Mayor, the County Council, respond, where appropriate, criminal, administrative, civil or criminal for deeds committed in the exercise of their duties, in accordance with the law. "
109. Article 156 shall read as follows: Art. 156.-the provisions of art. 61 para. (4) and art. 113 para. (3) concerning the dismissal of the deputy mayors, chairpersons and Deputy Chairpersons of the District Councils after the elections apply to local public administration authorities in 2008. "
110. According to article 156 shall introduce two new articles, articles 156 and 157 ^ 1 ^ 2, with the following content: "Art. 156 ^ 1. -The provisions of art. 17, art. 40 para. (7) and article 3. 90 para. (2) to (4) shall apply also in cases where, for various reasons, after the entry into force of this law, the share of citizens belonging to national minorities falls below the percentage referred to in article 1. 17. Art. 156 ^ 2. -Name of the device's own specialty is replaced, all the normative acts in force, with the name of the device. The name of the device's own specialty of local Council is replaced, all the normative acts in force, called the Mayor's specialized apparatus. The name of the decentralised services of the ministries is replaced, all the normative acts in force, with the name of decentralized public services of ministries and other specialized bodies of central public administration. "
111. In paragraph (2) of article 157 shall read as follows: "(2) are repealed on the same date the law on local public administration no. 69/1991, republished in the Official Gazette of Romania, part I, no. 79 of 18 April 1996, and its subsequent amendments, art. 15 para. (2) (a). (d)) and art. 18 paragraph 1. (2) the sentence of the law. 393/2004 on the status of local elected officials, and published in the Official Gazette of Romania, part I, no. 912 of 7 October 2004, with subsequent amendments, as well as any other provisions to the contrary. "


Article II


(1) the Secretary of the House of Commons that, following the entry into force of this law, does not have higher education can keep public function with the obligation, within 3 years from the date of entry into force of this law, to graduate as a form of long-term higher education in specialty legal science or public administration, under penalty of dismissal.
  

(2) no later than 31 December 2006, under penalty of termination of the employment relationship, they will produce documents proving their situation, enabling the fulfilment of the obligation set out in the term above.
  


Article III of the law on local public administration no. 215/2001, published in the Official Gazette of Romania, part I, no. 204 of 23 April 2001, as amended and supplemented, as well as those made by this Bill, will the Republic Official Gazette of Romania, part I, posing a new texts.
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 BOGDAN OLTEANU PRESIDENT of SENATE NICOLAE VĂCĂROIU Bucharest, July 6, 2006.
No. 286.
_________

Related Laws