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Law No. 215 Of 11 November 2016 Relating To Official Ceremonies

Original Language Title: LEGE nr. 215 din 11 noiembrie 2016 privind ceremoniile oficiale

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LEGE no. 215 215 of 11 November 2016 on official ceremonies
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 915 915 of 14 November 2016



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law aims to establish a set of rules applicable to official ceremonies carried out by public, central and local authorities and institutions. + Article 2 This law establishes the order of the participants in official ceremonies, provides the general rules on the organization and conduct of official ceremonies and regulates the duties of public authorities and institutions in this matter. + Article 3 For the purposes of this law, the following terms and expressions shall read as follows: a) official ceremony-manifestation or action organized by a public authority or institution, central or local, dedicated to a certain event; b) prefall orders-set of criteria regarding the settlement and place of participants in official ceremonies; c) prefall-the priority given to a participant in an official ceremony towards another participant; d) national protocol-the totality of the etiquette, courtesy and ceremonial activities and rules carried out by the public authorities and institutions in the official ceremonies. + Chapter II Prefall + Article 4 ((. The specification may not be delegated. (2) The person who occupies a public dignity or function as interim occupies in the order of prefall the place of the holder of the public dignity or office. (3) The specification does not have the significance of conferring honours or hierarchies and does not alter the attributions of public authorities or institutions or their representatives, as established by law. + Article 5 (1) The order of prefall shall be determined as the public authorities or institutions are elected, directly or indirectly, or appointed by another authority or public institution. The President of Romania is the first in the order of fall ((2) For the public authorities or institutions in functional relations, the order of prefall shall be established in relation to the nature of the functional relations between them: authorities under the control, coordination or subordination of another institutions or public authorities. ((3) If the order of prefall cannot be established on the basis of the criteria provided in par. ((1) and (2), in its establishment, the criterion of the seniority of the head of the public authority or institution and, in the alternative, the alphabetical criterion applied to the name of public authorities and institutions, + Article 6 (. In application of the provisions of Article 5 the order of pre-fall within the official ceremonies is set out in the Annex which forms an integral part of this Law. The place of the representative of the public authority or public institution in the official ceremony shall be agreed with the highest ranking institution. ((2) The order to prevent the public authorities or institutions from the same authority or public institutions shall be determined by the head of that entity. + Article 7 During the official ceremonies organized at local level the order of delivery is as follows: a) positions 1 to 4 of the Annex, if the representatives of the authorities or public institutions concerned participate in the ceremony; b) the mayor of the locality where the ceremony c) the president of the county council of the county where the ceremony d) prefect of the county where the ceremony is held; e) representatives of other public authorities or institutions according to the prefall order established according to art. 5 5 and 6. + Article 8 The heads of the cults recognized in Romania, representatives of other institutions of public interest, as well as other Romanian or foreign personalities invited to official ceremonies occupy a special place, established by the organizing institution, considering the nature and purpose of ceremony + Article 9 The heads of diplomatic missions, representatives of international organizations and international organizations accredited in Romania, invited to an official ceremony, take place immediately after the representatives of the Government or the authorities present with rank of minister. + Chapter III Organization and conduct of official ceremonies + Article 10 (1) The organizer of the official ceremony shall determine the list of participants, their place and position, date, location and place of the ceremony (2) The official ceremony and the guest list shall be established by the organizing authority or institution together with the highest ranking public institution. + Article 11 Inviting to an official ceremony can be done in one of the following ways: a) official letter, in the event that the guest has the rank superior to the one who invites; b) formal invitation, in the event that the guest has the rank lower than the one who invites. + Article 12 The official ceremony begins when the head of the participating institution with the highest rank arrives. If the ceremony includes speeches, they will be spoken in the order of pre-fall or in the reverse order of the prefall, according to the ceremony of the ceremony. + Article 13 (1) If foreign dignitaries are invited to official ceremonies, with the rank of minister or higher, the organizing institution has the obligation to transmit the list of guests to the Ministry of Foreign Affairs, which informs the Romanian Government and the Presidential Administration. (2) A foreign dignitary invited to an official ceremony in Romania occupies the place equivalent to the Romanian counterpart. + Article 14 At the official ceremonies the religious service is optional. The moment and its duration will be established and provided in the ceremony of the ceremony, in compliance with the norms, customs and traditions of the religious cult that performs the service. + Article 15 During official ceremonies, military honor can be granted, according to the provisions of the Regulation of military honors and ceremonies, approved by order of the Minister of National Defence. During an official ceremony the military honor presents itself only once to the highest ranking person. + Article 16 (1) The official ceremony of the laying of wreaths is organized in cooperation with the Ministry of National Defence and/or the Ministry of Internal Affairs (2) The submission of the wreaths of flowers shall be carried out in compliance with the order of (3) At an official ceremony a single crown may be submitted from the following entities present: a) President of Romania/Presidential Administration; b) Romanian Parliament; c) Government of Romania/prefectul; d) the mayor of the locality where the ceremony e) president of the county council f) diplomatic corps; g) the organising entity. (4) After the conclusion of the official ceremony, wreaths may also be laid from other entities or persons. + Article 17 (1) State funeral is official ceremonies organized by the Government in the event of the death of the President of Romania and former heads of state of Romania. (2) State funeral includes military honors. + Article 18 Funerals with military honors, established according to the law, can also be organized for the presidents and former presidents of the two Houses of Parliament, as well as for the Prime Minister and former prime ministers. + Article 19 Depending on their nature and purpose, official ceremonies are also carried out in compliance with the regulations in force on the hoisting of the Romanian flag, the national anthem and the use of seals with the Romanian coat of arms by the authorities and public institutions, respectively in compliance with those concerning the country's coat of arms and the seal of the state, as well as those of the Regulation of military honors and ceremonies. + Chapter IV Council of the National Protocol + Article 20 The Council of the National Protocol is established as an interinstitutional body, without legal personality, which aims to guide the protocol activities carried out by public authorities and institutions, within the official ceremonies. + Article 21 (1) The National Protocol Council shall be composed of the coordinators of the structures with attributions in the organization and conduct of the protocol actions of the following public authorities a) Presidential Administration; b) Romanian Senate; c) Chamber of Deputies; d) Romanian Government; e) Ministry of Foreign Affairs; f) Ministry of National Defence; g) Ministry of Internal Affairs; h) State Secretariat for Culte. (2) Depending on the issues discussed, at the meetings of the Council of the National Protocol may be invited and responsible for the protocol activity of other public authorities and institutions. (3) The National Protocol Council is coordinated by the head of the specialized structure within the Presidential Administration. (4) In support of the activity of the Council of the National Protocol, a secretariat is organized, which will operate within the Presidential Administration. + Article 22 In order to achieve the purpose or the Council of the National Protocol shall a) elaborates the Guide to the National Protocol and, as the case may be, other rules and specific rules of protocol, ceremonial, prefall, etiquette and courtesy for official ceremonies; b) updates the list of heads of state and government; c) prepare materials on rules, customs and customs practices in different states; d) participate in profile meetings organized in the country or abroad; e) collaborate with similar structures in other countries. + Article 23 In the exercise of their duties, the Council of the National Protocol issues decisions, adopted by the majority vote The decisions shall be published on their website. + Article 24 The Council of the National Protocol shall meet quarterly or whenever necessary. The members of the council are convened by the head of the specialized structure within the Presidential Administration. + Article 25 The Council of the National Protocol operates on the basis of a regulation of its own organization and functioning, approved within 30 days of the entry into force of this Law. + Article 26 In the application of this law, central and local public authorities and public institutions may develop their own protocol rules on the organization and conduct of public ceremonies, which are published on their own websites. + Chapter V Transitional and final provisions + Article 27 (1) Within 90 days of the entry into force of this Law, the Council of the National Protocol shall adopt the Guide to the National Protocol. (2) By November 30 of each year, the public authorities and institutions shall transmit to the Council of the National Protocol, according to a procedure established by him, the list of official ceremonies which they envisage on the date of preparation the list, to be organized the following year. + Article 28 (1) The present law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. (2) Within 30 days from the date of entry into force of this law, the public authorities and institutions shall be obliged to establish the order of delivery of public duties and functions under control, subordination or coordination, as the case may be. The order of establishment, thus established, shall be published on the website of the public authority or institution concerned and shall be communicated to the Council of the National Protocol. + Article 29 The date of entry into force of this Law shall be repealed Government Decision no. 665/2002 on the establishment of the National Protocol, published in the Official Gazette of Romania, Part I, no. 486 486 of 8 July 2002, as amended. 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
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU
Bucharest, November 11, 2016. No. 215. + Annex The order of the ceremony in the ceremonies official of public dignity and functions 1. President of Romania; 2. Senate President; 3. the Speaker of the Chamber 4. Prime Minister; 5. former head of state, in chronological order of the first term; 6. President of the Constitutional Court 7. the President of the High Court of Cassation and Justice; 8. members of the Permanent Bureau of the Romanian Senate, according to the order established by the Permanent 9. members of the Permanent Bureau of the Chamber of Deputies, according to the order established by the 10. senator, according to the order established by the Permanent Bureau of the Romanian Senate 11. deputy, according to the order established by the Permanent Bureau of the Chamber of 12. Minister, according to the order established by the Prime Minister; 13. presidential adviser, according to the order established by the President of 14. president of the Romanian Academy 15. Chief of General Staff; 16. functions assimilated to the rank of minister, in control, coordination, subordination of the two Chambers of the Romanian Parliament; 17. functions assimilated to the rank of minister, in control, coordination, subordination of the Romanian Senate; 18. functions assimilated to the rank of minister, in control, coordination, subordination of the Romanian Government; 19. the general mayor of Bucharest, mayor of the municipality, city, sector, commune, in the alphabetical order of the name of the localities and in the increasing order of the sector number; 20. the president of the county council, in the alphabetical order of the name of 21. Prefect, in the alphabetical order of the name of the counties; 22. Secretary of State, in the order of pre-fall of ministries; 23. State counselor, Presidential Administration, according to the order established by the President of Romania; 24. functions assimilated to the rank of secretary of state, in control, coordination, subordination of the Romanian Parliament; 25. functions assimilated to the rank of secretary of state, in control, coordination, subordination of the Romanian Senate; 26. functions assimilated to the rank of secretary of state, in coordination, subordination of the Prime Minister; 27. functions assimilated to the rank of secretary of state, in coordination, subordination of the General Secretariat of the Government; 28. functions assimilated to the rank of secretary of state, in coordination, subordination of ministries. -----