LAW 215 23/04/2001
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The Law No. 215/April 23, 2001Law on local public administration*)ISSUED BY: PARLIAMENTPUBLISHED IN: OFFICIAL GAZETTE OF ROMANIA, Part I, No. 204, April 23, 2001. *) The Constitutional Court pronounced itself on the constitutionality of the law by the Decision No. 112/2001, published in the Official Gazette of Romania, Part I, No. 280 of May 30, 2001.Chapter 1 General provisions Section 1 General regime of the local autonomyArticle 1
The present law shall regulate the general regime of local autonomy, as well as the organization and functioning of the local public administration authorities.Article 2
(1) The public administration in the territorialadministrative units shall be organized and function on the grounds of the principles of the local autonomy, decentralization of public services, eligibility of the local public administration authorities, legality and consultation of the citizens in the solving of the local matters of a particular interest.(2) The applying of the principles stipulated in para (1) shall not harm the character of national, unitary and indivisible state of Romania.Article 3
(1) By local autonomy there shall be understood the right and effective capacity of the local public administration authorities to solve and to manage, in the name and in the interest of local collectivities that they represent, the public matters, under the terms of the law.(2) This right is exercised by the local councils and mayors, as well as by county councils that are local public administration authorities elected by universal, equal, direct secret and freely expressed vote.(3) The provisions of para (2) shall not affect the possibility to resort to the consultation of the citizens by referendum or by any other form of direct participation of the citizens in the public matters, under the terms of the law.(4) By local collectivity there shall be understood the totality of the citizens in the territorial-administrative unit.Article 4
(1) The local autonomy shall be administrative and financial only, being exercised on the basis and within the limits stipulated by law.(2) The local autonomy concerns the organization, functioning, competencies and duties, as well as the managing of the resources which, according to law, belong to the commune, town or county, as the case may be.Article 5
(1) The competencies and the duties of the local public administration authorities shall be established only by law. These competencies shall be full and exclusive, except for the cases stipulated by law.(2) The local autonomy grants the local public administration authorities the right that, within the limits of the law, to have initiatives in all the domains, except for those that expressly are given in the competency of other public authorities.Article 6
(1) The relations between the authorities of the local public administration in communes and towns and the public administration authorities at county level shall be based on the principles of autonomy, legality, responsibility, cooperation and solidarity in solving the matters of the entire county.(2) In the relations between the local public administration authorities and the county council, on the one hand, as well as between the local council and the mayor, on the other hand, there are no terms of subordination.Article 7
(1) The exercising of the competencies and duties established by law is incumbent upon the local public administration authorities that are the closest to the citizen.(2) The establishing of competencies and duties for other authorities than those stipulated in para (1) shall have to take into account the scope and the nature of the responsibility that are incumbent on them, as well as the requirements of efficiency and efficacy.(3) The central public administration authorities can not establish or impose any kind of responsibilities on the local public administration authorities in the process of decentralization of certain public services or of creating new public services, without ensuring the adequate financial means for achieving the respective responsibilities.Article 8
The central public administration authorities shall consult, before adopting any decision, the associative structures of the local public administration authorities, in all matters that directly concern them, according to law.Article 9
Within the national economic policy, the communes, towns and counties have the right to the own resources, which the local public administration authorities shall manage according to the duties devolving upon them, under the terms of the law. The financial resources of the local public authorities have to be proportional with the competencies and the responsibilities stipulated by law.Article 10
The local public administration authorities shall manage or, as the case may be, shall dispose of the financial resources, as well as of the goods in public or private property of the communes, towns and counties, in accordance with the local autonomy principle.Article 11
(1) The local public administration authorities shall have the right, within their competencies, to co-operate and to associate with other authorities of the local public administration in the country or from abroad, under the terms of the law.(2) In order to protect and promote their common interests, the local public administration authorities shall have the right to join national and international associations, under the terms of the law.Article 12
The local public administration authorities may conclude agreements among them and may participate, including by allocation of funds, in the initiation and carrying out of regional development programmes, under the terms of the law.Article 13
(1) The local councils and the county councils in the territorial-administrative units adjacent to the border zones may conclude across the border cooperation agreements with the similar authorities in the neighbouring countries, under the terms of the law.(2) Such agreements shall be concluded only in the fields that are in the competency of the local or county councils, according to the present law, by observing the internal legislation and the international commitments undertaken by the Romanian State.(3) Through the across the border co-operation agreements, bodies may be set up also on the territory of Romania, that should have legal personality, according to the internal law. Such bodies do not have territorial-administrative competencies, in the sense of the present law.(4) The local councils and the county councils, that concluded across the border co-operation agreements, have the right to participate, in other states, in the bodies set up through the respective agreements, within the limits of the competencies that are incumbent on them according to law.Article 14
(1) The initiative of the local public administration authorities to co-operate and associate with local public administration authorities from abroad, as well as to join an international association of local public administration authorities shall be communicated to the Ministry of Foreign Affairs and to the Ministry of Public Administration.(2) The local public administration authorities shall send, for endorsement, to the Ministry of Foreign Affairs the draft co-operation agreements or conventions that they intend to conclude with local public administration authorities in other countries, before submitting them for passing by the local or county councils, as the case may be.(3) The endorsements stipulated in para (2) have to be issued within 30 days from the receipt of the request, otherwise it shall be considered that there are no objections and the respective draft can be submitted for the approval of the interested local or county council.(4) The agreements or the conventions concluded by the local public administration authorities are binding only the respinsibility of the local or county council that is a party to them, these being subjected to the legality control, and the documents issued by virtue of the respective agreements or conventions have, under the internal law, the same juridical value and the same effects as the administrative documents adopted in keeping with the provisions of the present law.Article 15
The local councils and the county councils may decide on the participation with capital or with goods, in the name and interest of the local collectivities they represent, in the setting up of trading companies or in the setting up of services of local or county public interest, as the case may be, under the terms of the law.Article 16
The administrative control and the financial control of the local public administration authorities, activity shall be exercised within the limits and under the terms stipulated by the law.Article 17
In the territorial-administrative units in which the citizens belonging to the national minorities by a share of over 20% of the number of the inhabitants, the local public administration authorities shall ensure, in the relations with them, also the use of the mother tongue, in keeping with the provisions of the Constitution, of the present law and of the international conventions to which Romania is a party.Article 18
(1) The communes, towns and counties are territorial-administrative units in which the local autonomy is exercised and in which local public administration authorities are organized and function.(2) The communes may be formed of one or more villages.(3) Certain towns may be declared municipalities, under the terms of the law.(4) In municipalities, territorial-administrative subdivisions may be created, the delimitation and organization of which are made according to law.(5) The local public administration authorities may also be set up in the territorial-administrative subdivions of the municipalities. Such authorities shall exercise the duties stipulated in art. 95 and art. 97, respectively, which apply accordingly.Article 19
The communes, towns and counties shall be legal persons of public law. They shall have their own property and full legal capacity.Article 20
The territorial delimitation of the communes, towns and counties shall be established by law. Any change in their territorial limits may be made only by law and only after prior consultation of the citizens in the respective territorial-administrative units by referendum, to be organized according to law. Section 2 Local public administration authoritiesArticle 21
(1) The public administration authorities through which the local autonomy is achieved in communes and towns shall be the local councils of the communes and towns, as deliberative authorities, and the mayors, as executive authorities. The local councils and the mayors shall be elected under the terms stipulated in the Law on local elections.(2) The local councils and the mayors shall function as authorities of the local public administration and shall solve the public matters in the communes and towns, under the terms of the law.Article 22
A county council shall be constituted in each county, as the authority of the local public administration, for the coordination of the activity of the communal and town councils, aimed at the carrying out of public services of county interest. The county council shall be elected under the terms of the Law on local elections.Article 23
The local elected persons are the mayor, the local councillors and the county councillors. In order to ensure the free exercise of their mandate, they perform a position of public authority, benefiting from the provisions of the penal law regarding the persons who hold an office involving the exercise of state authority.Article 24
(1) The mandate of the mayor, of the local councillor, respectively of the county councillor, shall be of 4 years. The mandate is exercised under the terms of the law.(2) The local council or the county council, as well as the mayor, elected during a mandate, as a result of the dissolution of the local or county council, respectively of the vacancy for a mayor position, shall end the mandate of the previous local public administration authority.(3) The local council or the county council, as well as the mayor, elected following the organization of new territorialadministrative units or following the dissolution of certain councils, respectively the vacating of certain mayor positions, shall exercise their mandate only until the organization of the next general local election.Article 25
In order to ensure local autonomy, the local public administration authorities have the right to introduce and collect local taxes and fees, to draw up and to approve the incomes and expenditure budgets of the communes, towns and counties, under the terms of the law.Article 26
(1) The Government shall appoint a prefect in each county and in Bucharest Municipality.(2) The prefect shall be the representative of the Government at local level and shall manage the decentralized public services of the ministries and of the other central bodies in the territorial-administrative units.Article 27
(1) The prefect may challenge, in all or in part, before the administrative disputed claims court, the decisions adopted by the local council or by the county council, as well as the decisions issued by the mayor or by the president of the county council, in case he considers such deeds or stipulations in them as being illegal. The challenged deed or its stipulations shall be de jure suspended.(2) Under the terms of the law, the prefect shall be accountable from the administrative, civil or penal point of view, as the case may be, at the request of the local or county public administration authorities the deeds of which have been challenged, in the case in which the administrative disputed claims court decides that the administrative deed was abusively challenged.Chapter 2 Local councils Section 1 Constitution of the local councilArticle 28
The local councils shall be composed of councillors elected by universal, equal, direct, secret and freely expressed vote, under the terms established by the Law on local election.Article 29
(1) The number of members of each local council shall be established by an order of the prefect, depending on the population of the commune or town, reported by the National Statistics Institute and Economic Studies on July 1 of the running year or, as the case may be, on July 1 of the year preceding the elections, as follows:------------------------------------------------------------------------------- Number of inhabitants of the Number commune or town of councillors------------------------------------------------------------------------------- - up to 1,500 9 - from 1,501 to 3,000 11 - from 3,001 to 5,000 13 - from 5,001 to 10,000 15 - from 10,001 to 20,000 17 - from 20,001 to 50,000 19 - from 50,001 to 100,000 21 - from 100,000 to 200,000 23 - from 200,001 to 400,000 27 - over 400,000 31-------------------------------------------------------------------------------(2) The General Council of Bucharest Municipality shall be composed of 55 councillors.Article 30
(1) The capacity of councillor shall be incompatible with that of:a) prefect or sub-prefect;b) civil servant in the own apparatus of specialty of the central and local public administration authorities; the capacity of civil servant in the own specialty apparatus of the county council, of the prefect, of the public services of local or county interest, of the decentralized public services of the ministries and the other central public administration authorities; the capacity of employee within the respective local public administration authorities or within the own apparatus of the prefect in that county;c) the position of manager or member of the managing board of the autonomous r"gies or manager of the trading companies set up by the local councils or by the county councils;d) the capacity of mayor;e) the capacity of senator, deputy, minister, secretary of state, undersecretary of state and those assimilated to them.(2) The incompatibility shall intervene only after the validation of the mandate, the person concerned having to choose within 10 days, after which, if he has not opted for the capacity of councillor, then in the next council meeting the president shall submit the validation of the mandate of his substitute on the list of the respective party, political alliance or electoral alliance.(3) Other incompatibilities may be established only by law.Article 31
(1) The constituting of the local councils shall be made within 20 days from the date of the elections. The prefect shall convene the elected councillors for the constitutive meeting. The prefect or his representative, as well as the mayor may participate in the constitution meeting, even if the validation procedure of his mandate was not finalized.(2) The meeting shall be legally constituted if at least two thirds of the number of the elected councillors participate in it. In case this majority cannot be ensured, the meeting shall be organized, under the same conditions, after 3 days, on the convening by the prefect. If at the second convening the meeting is still not legally constituted, the prefect shall make a new convening after another 3 days, under the same conditions.(3) In the case in which the local council cannot meet even after the last convening due to absence, without solid motivation, of the councillors, the prefect shall declare, by order, vacant the seats of the elected councillors who were unmotivated absent from the 3 previous meeting, if they cannot be replaced by the substitutes registered on the respective lists of candidates, completion elections being organized within 30 days, under the terms of the Law on local elections.(4) The prefect's order stating as vacant the seats of the councillors who were unmotivated absent may be challenged, by those concerned, at the administrative disputed claims court within 5 days from communication. The decision of the instance is final and irrevocable.(5) The absence of the councillors from the constitutive meeting shall be considered as motivated if proof is made that this occurred due to an illness that needed hospitalization or made their presence impossible, to travelling abroad on official business, or to certain force majeure events.Article 32
(1) The proceedings of the constitutive meeting shall be chaired by the senior councillor, assisted by 2 of the youngest councillors.(2) In order to validate the mandates, the local councils shall elect by vote by show of hands, out of their members, a validation commission consisting of 3-5 councillors, for the entire duration of the mandate.(3) The validation commission shall examine the legality of each councillor's election and shall propose to the local council the validation or the invalidation of the mandates.(4) The validation commission shall propose the invalidation of a councillor's election only in the case in which the infringement of the eligibility conditions was ascertained, or if the councillor's election was made by electoral fraud, ascertained under the terms of the Law on local elections.(5) The validation or invalidation of the mandates shall be made, in alphabetical order, by the show of hands of the majority of councillors present in the meeting. The person whose mandate is submitted to validation or invalidation shall not participate in the vote.Article 33
(1) The decision to validate or invalidate the mandates may be challenged by those interested before the administrative disputed claims court within 5 days from adopting or, from communication, in the case of those absent from the meeting.(2) The administrative disputed claims court shall be obliged to pass the decision within 30 days.Article 34
(1) The councillors whose mandates have been validated shall take the following oath before the council, in the Romanian language:I solemnly swear to abide by the Constitution and the laws of the country, and to do, in good faith, everything in my power and my ability, for the welfare of the inhabitants of the commune" (town, county). So help me God!(2) The councillors who decline to take the oath shall be considered resigned by right.(3) The oath may be taken also without the religious formula.Article 35
In the case in which the elected councillor renounces the mandate before the validation or declines to take the oath, there shall be submitted to validation the mandate of the first substitute registered on the list of the respective political party, political alliance or electoral alliance if, before the validation of the mandate, the parties and the political alliances confirm in writing the membership to the party. In the case in which the seats remained vacant cannot be filled with substitutes, and the number of councillors is reduced below two thirds, completion elections shall be organized, within 30 days, under the terms of the Law on local elections.Article 36
After the validation of the mandates and the oath taking by at least two thirds of the number of the local council's members, the councillor who chaired the meeting shall declare the council as legally constituted.Article 37
(1) After declaring it as legally constituted, the local councill shall elect from among its members, by the show of hands of the majority of councillors in office, a sitting chairman, for a period of maximum 3 months, who shall chair the council's sittings and shall sign the decisions adopted by it.(2) The councillor elected under the terms of para (1) may be changed from office on the initiative of at least one third of the number of councillors, by the vote of the majority of councillors in office. Section 2 Powers of the local councilsArticle 38
(1) The local council shall have initiative and decide, according to law, on all matters of local interest, except for those that are established by law in the competency of other local or central public authorities.(2) The local council shall have the following main powers it shall:a) elect, from among the councillors, the deputy-mayor, respectively deputy-mayors, as the case may be; establishe, within the limits of the legal norms, the number of personnel in the own apparatus;b) approve the statute of the commune or town, as well as the organization and functioning regulations of the council;c) give its opinion or approve, as the case may be, studies, prognoses and programmes of socio-economic development, of territorial planning and organization, documentation of territorial and town planning, including the participation in programmes of county, regional, zonal development, and across the border cooperation under the terms of the law;d) approve the local budget, the loans, the credit transfers and the mode of utilization of the budgetary reserve; approve the closing account of the financial year; establish taxes and local fees, as well as special fees, according to law;e) approve at the proposal of the mayor, under the terms of the law, the organization chart, the staffing schedule, the number of personnel and the organization and functioning regulations of the own specialty apparatus, of the institutions and public services, as well as of the autonomous r"gies of local interest;f) manage the public domain and the private domain of the commune or town;g) decide on the granting of managing, licensing or renting of the public property goods of the commune or town, as the case may be, as well as of the public services of local interest, under the terms of the law;h) decide on the sale, licensing or renting out of the private property goods of the commune or town, under the terms of the law;i) set up public institutions, trading companies and public services of local interest; follow up and analyse their activity; establish, with the observance of the general criteria established by the law, norms of organization and functioning for the public institutions and services of local interest; appoint and dismiss of office, under the terms of the law, the managers of the public services of local interest, as well as those of the public institutions in its subordination; apply disciplinary sanctions, under the terms of the law, to the persons appointed by it;j) decide on the setting up and reorganization of the autonomous regies of local interest; exercise, in the name of the territorial-administrative unit, all the rights of the shareholder in trading companies set up by it; decide on the privatization of these trading companies; appoint and dismiss, under the terms of the law, the members of the management boards of the autonomous regies in its subordination;k) analyse and approve, under the terms of the law, the documentation for the town and country planning, establishing the material and financial means necessary for its implementation; approve the allocation of funds from the local budget for protection activities against floods, fires, disasters and dangerous meteorological phenomena;l) establishe the necessary measures for the building, maintenance and modernization of roads, bridges, as well as of the entire infrastructure belonging to the means of communication of local interest;m) approve, within the limits of its competencies, the technical and economic documentation for the investments of local interest and ensure the necessary conditions for their implementation;n) ensure, according to its competencies, the material and financial conditions necessary for the proper functioning of the public institutions and services of education, health, culture, youth and sports, the protection of public order, the protection against fire and civil protection, under its authority; follow up and control their activity;o) decide, in the localities with insufficient number of doctors or health personnel, the granting of incentives in kind and money, as well as other facilities, according to law, aimed at ensuring medical services for the population; similar facilities may also be granted to the didactic personnel;p) contribute to the organization of scientific, cultural, artistic, sports and leisure activities;q) decide on the ensuring of public order; analyse the activity of the public guardians, police, firemen and of the civil protection formations, under the terms of the law, and propose measures for the improvement of their activity;r) take measure for the protection and rehabilitation of the environment, aimed at the increase in the quality of life; contribute to the protection, conservation, restoration and turning to good account the historic and architectural monuments, parks and natural reservations, under the terms of the law;s) contribute to the implementation of the measures for protection and social assistance; ensure the protection of child's rights, in accordance with the legislation in force; approve the criteria for the distribution of social housing; set up and ensure the functioning of charity organizations of local interest;t) set up and organize fairs, market places, cattle fairs, amusement parks and places, sports grounds and ensure their proper functioning;u) assign or change, under the terms of the law, names to streets, market places and objectives of public interest;v) confer the title of freeman of the city of the commune or town, to Romanian or foreign natural persons with special merits;x) decide, under the terms of the law, on the co-operation or association with Romanian or foreign legal persons, with non-governamental organizations and with other social partners, aimed at the joint financing and carrying out of certain activities, works, services or projects of local public interest, decide on the fraternization of the commune or town with similar territorial-administrative units in other countries;y) decide, under the terms of the law, on the co-operation or association with other authorities of the local public administration in the country or from abroad, as well as on joining national or international associations of local public administration authorities, aimed at the promotion of common interest;z) support, under the terms of the law, the activity of the religious cults;w) ensure the freedom of trade and encourge the free initiative, under the terms of the law.(3) The local council exercises other powers, too, as established by law. Section 3 Functioning of the local councilsArticle 39
(1) The local council shall be elected for a mandate of 4 years, which may be extended, by organic law, in case of war or catastrophe.(2) The local council shall exercise its mandate from the date of its constitution until the date when a newly elected council is declared as legally constituted.Article 40
(1) The local council shall meet, monthly, on ordinary sittings, upon the convening by the mayor.(2) The local council may also meet in extraordinary sittings at the request of the mayor or of at least one third of the number of the council's members.(3) The convening of the local council shall be made in writing, through the secretary of the territorial-administrative unit, by at least 5 days before the ordinary sittings and by at least 3 days before the extraordinary sittings.(4) In case of force majeure and of maximum urgency for the solving the interests of the inhabitants of the commune or town, the convening of the local council may be made stright away.(5) The invitation to the sitting shall stipulate the date, hour, place where it shall take place, and its agenda.(6) The inhabitants of the commune or town shall be informed of the agenda of the local council sitting through mass media or any other means of publicity.(7) In the communes or towns in which the share of the citizens belonging to a national minority is over 20 % of the number of inhabitants, these shall be informed of the agenda also in their language, too.(8) In all the cases the convening is recorded in the official report of the sitting.Article 41
(1) The sittings of the local council shall be legally constituted if the majority of the councillors in office are attending.(2) The presence of the councillors at the sitting shall be compulsory. The cases in which the absence is considered as motivated shall be established in the organization and functioning regulations of the local council. In the case in which a councillor shall be absent twice consecutively, without good reasons, be may be sanctioned under the terms of the organization and functioning regulations of the local council.Article 42
The sittings of the local council shall be chaired by a councillor, elected according to the stipulations of art. 37.Article 43
(1) The sittings of the local council shall be public, except for the cases in which the councillors decide, by majority of votes, that these should be held with closed doors.(2) The matters regarding the local budget, the administation of the public and private domain of the commune or town, the participation in the development programmes of county, regional, zonal or of across the border co-operation, urban organization and development of localities and territorial planning, as well as those regarding the association or co-operation with other public authorities, non-governmental organizations, Romanian or foreign legal persons shall always be discussed in a public sitting. In connection with these matters, the mayor may propose the consultation of the citizens by referendum, under the terms of the law.(3) The proceedings of the sittings shall be carried on in the Romanian language, the official language of the State. In the local councils in which the councillors belonging to a national minority represent at least one third of the total number, the mother tongue may also be used in the council sittings. In such cases, the translation into Romanian language shall be ensured by the courtesy of the mayor. In all the cases, the documents of the council sittings shall be drawn up in the Romanian language.(4) The debates in the local council sittings, as well as the way in which each councillor exercised his vote, shall be recordered in an official report, signed by the councillor chairing the council sitting and by the secretary of the territorial-administrative unit.(5) The councillor chairing the council sittins, together with the secretary of the territorial-administrative unit shall assume, by their signature, ther responsibility of the veracity of the recordings.(6) Before each sitting, the secretary shall put at the disposal of the councillors, in due time, the official report of the previous sitting, which he shall subsequently submit for approval to the local council. During the sitting, the councillors have the right to contest the contents of the official report and to request the exact mentioning of the opinions expressed in the previous sitting.(7) The official report and the documents debated in the sitting shall be placed in a special file of the respective sitting, which shall be numbered, signed and sealed by the councillor chairing the council sittings and by the secretary, after the approval of the official report.Article 44
The agenda of the sittings shall be approved by the local council, on the proposal of the one who, according to the terms of art. 40, has asked for the council meeting. The modification of the agenda may be made only for urgent matters and only by the vote of the majority of the councillors present.Article 45
The matters listed on the agenda of the local council sitiing cannot be debated unless accompanied by the report of the competent compartment in the own specialty apparatus of the local public administration authority, that shall be drawn up within 30 days from the request of the initiator, as well as by the endorsement of the council's specialty commission, except for the cases stipulated in art. 40 para (2) and (4).Article 46
(1) In the exercise of its powers, the local council shall adopt decisions, by the vote of the majority of the members present, save for the cases in which the law or the organization and functioning regulations of the council calls for another majority.(2) The decisions regarding the contracting of loans, under the terms of the law, the administration of the public and private domain of the commune or town, the participation in programmes of county, regional, zonal development or across the border cooperation, the urban organization and development of localities and the territorial planning, as well as those regarding the association or co-operation with other public authorities, with non-governmental organizations, with Romanian or foreign legal persons shall be adopted by the vote of at least two thirds of the total number of councillors in office.(3) The decisions regarding the local budget, as well as those by which local taxes and fees are estblished shall be adopted by the vote of the majority of councillors in office. If the local budget cannot be adopted after two consecutive sittings, that shall be held at an interval af maximum 7 days, the activity shall be carried out on the basis of the budget for the previous year until the adopting of the new local budget, but not more than 30 days from the date of coming into force of the state budget law.(4) The local council may establih for certain decisions to be taken by secret vote. The decisions of individual character regading persons shall always be taken by secret vote, save for the exceptions stipulated by law.(5) Draft decisions may be proposed by the councillors or by the mayor. The wording of the drafts shall be made by those that propose them, with the assitance of the secretary and of the services within the specialty apparatus of the local public administration authorities.Article 47
(1) The councillor who, either personally, or through husband, wife inlaws or relatives up to and including fourth degree, has a patrimonial interest in the matter submitted to the debates of the local council, cannot participate in the deliberation and adopting of the decisions.(2) The decisions adopted by the local council with violation of the provisions of para (1) shall be null according to law. The nullity shall be found out by the administrative disputed claims court. The suit may be introduced by any interested person.Article 48
The decisions of the local council shall be signed by the councillor chairing the council sittings, elected under the terms stipulated in art. 37, and shall be countersigned, for legality, by the secretary. In case the councillor elected under the terms of art 37 is absent or refuses to sign, the decisions of the local council shall be signed by 3-5 councilors.Article 49
(1) The secretary shall not countersign the decision in case he notices that this is illegal or that it exceeds the competencies that are incumbent on the local council, according to law. In such a case, the secretary shall state to the local council his motivated opinion, which shall be recorded in the official report of the sitting.(2) The secretary shall communicate the decisions of the local council to the mayor and the prefect, immediately, but not later than 3 days from the date of the adopting.(3) The communication, accompanied by the possible objections regarding the legality, shall be made in writing by the secretary and shall be recorded in a special register specially dedicated to that purpose.Article 50
(1) The decisions of normative character become compulsory and produce effects from the date of bringing them to the public knowledge, with the individual ones, from the date of communication.(2) The bringing to the public knowledge of the decisions of normative character shall be made within 5 days from the official communication to the prefect.Article 51
In the territorial-administrative units in which the citizens belonging to a national minority have a share of over 20 % of the total number of the inhabitants, the decisions of normative character shall be brought to the public knowledge also in the mother tongue of the respective minority, while those of individual character shall be communicated, at request, in the mother tongue, too.Article 52
(1) In exercising their mandate, the councillors are in the service of the local collectivity.(2) The mayor is obliged that, through the secretary and the own specialty apparatus, to put at the disposal of the councillors, at their request, the necessary information for the carrying out of their mandate, within maximum 20 days.(3) In carrying out their mandate, the councillors shall be obliged to organize, periodically, meetings with the citizens and to grant audiences.(4) Each councillor, as well as the deputy mayor shall be obliged to submit an annual activity report, that shall be made public through the good office of the secretary.(5) In order to participate in the sittings of the local council and of the speciality commissions, the councillor gets an indemnity established under the terms of the law.(6) The councillors have the right to the defrayal of the expenses made during the carrying out of their mandate, under the terms of the law.(7) The local council may decide on the reduction of the indemnity quantum stipulated in para (5) and of the quota in which the defrayal is made in accordance with the provisions of para (6), in keeping with the financial possibilities.Article 53
(1) The councillors shall be jointly and severally liable for the activity of the local council of which they are members or, as the case may be, in their own name, for the activity carried out in exercising their mandate, as well as for the decisions voted.(2) In the official report of the local council sitting, the result of the vote shall be compulsorily recorded.(3) At the request of the councillors, their vote shall be nominally recorded in the official report of the sitting.Article 54
The proceedings of the local council may be attended and the floor may be taken, without voting right, by the perfect, the president of the county council or their representatives, the deputies and the senators, the ministers and the other members of the Government, the secretaries and undersecretaries of state, the heads of the decentralized public services of the ministries and of the other central bodies in the territorial-administrative units, in the matters that concern the fields of responsibility of these services, as well as by interested persons invited by the mayor.Article 55
(1) The inhabitants of the villages that do not have elected councillors in the local councils shall be represented in the council by a village delegate.(2) The village delegate shall be elected for the period of the local council's mandate by a village gathering, made of a representative of each family, convened and organized by the mayor and carried out in the presence of the mayor or of the deputy mayor.(3) When discussing the matters of the respective villages, the village delegates shall be compulsorily invited. Their vote shall have a consultative character.(4) The provisions of art. 52 para (5) and (6) are accordingly applicable to the village delegate.Article 56
(1) After its constitution, the local council organizes specialty commissions for the main fields of activity.(2) Only the councillors, with the exception of the deputy mayor, can be members of the specialty commisions.(3) Each specialty commission elects a president and a secretary.(4) The specialty commissions analyse and endorse the draft decisions in their field of activity.(5) The specialty commissions work in plenum and take decisions by the vote of the majority of their members.(6) The organization, functioning and the duties of the specialty commissions shall be established by the organization and functioning regulations of the local council.(7) The local councils may organizae, on their own initiative or on the initiative of the mayor, as the case may be, special commissions of analysis and verification, for a limited perio of time. The composition of the special commisiion of analysis and verification, the objectives and the period of time for the carrying out of its activity shall be established by decision of the local council. The commisiion members shall work within the limits established by the decision. Section 4 The dissolving of the local councilArticle 57
(1) The local council may be dissolved if it adopted, during an interval of at most 6 months, at least 3 decisions that were cancelled by the administrative disputed claims court by a final and irrevocable judgment.(2) The dissolving of the local council shall be made by Government decision, on the motivated proposl of the prefect, based on the final and irrevocable judgments.(3) The dissolving decision may be challenged by any of the councillors at the administrative disputed claims court, within 10 days from the date of its publication in the Official Gazette of Romania, Part I. In such a case, the preliminary procedure provided under the law shall no longer be carried out and the institution of proceedings shall suspend the execution of the dissolving measure.(4) The date for the organization of the election of the new local council shall be established by the Government on the proposal of the prefect, within 30 days from the expiry of the term provided under para (3), or from the judgment rejecting the councillors' action at law remaining final and irrevocable, as the case may be.(5) Until the setting up of the new local council, the mayor, the deputy mayor or in their absence, the secretary shall solve the current matters of the commune or town, in accordance with the competencies that are incumbent on him, according to law.Article 58
(1) In the case in which the local council does not meet for 3 consecutive months or has adopted no decision in 3 consecutive ordinary sittings, as well as in the case in which the number of councillors is reduced to below half plus one and cannot be compensated by substitutes, it is considered as dissolved by right.(2) The cases stipulated in para (1) shall be communicated by the mayor, deputy mayor or, in their absence, by the secretary, to the prefect who, by order, shall take note of the situation of dissolution of the local council and propose to the Government the organizing of new elections.(3) The prefect's order may be challenged by the interested councillors at the administrative disputed claims court, within 10 days from communication or from taking note of it.(4) The administrative disputed claims court shall be obliged to pass the judgment within 30 days. In this case the preliminary procedure shall no longer be carried out and the bringing of the action shall suspend the execution of the dissolution measure. The decision of the court is final and irrevocable.(5) The Government shall establish the date for the organizing of the election of the new local council on the proposal of the prefect, within 30 days from the expiry of the term provided in para (3) or, as the case may be, from the judgment rejecting the action against prefect's order remaining final and irrevocable. Section 5 Suspension and cessation of councillor's mandateArticle 59
(1) The councillor's mandate shall be suspended by right only if he was arrested on suspicion. The measure of the arresting on suspicion shall immediately be communicated by the prosecutor's office or by the court, as the case may be, to the perfect who, by order, shall ascertain the suspension of the mandate.(2) The suspension shall last until the final settlement of the case. The suspension order shall immediately be communicated to the councillor.(3) In the case in which the suspended councillor was found innocent, he has the right to compensations according to law.Article 60
(1) The councillor mandate shall cease by right in the following cases:a) resignation;b) incompatibility;c) change of domicile in another territorial-administrative unit;d) impossibility of exercising the mandate for a period longer than 6 consecutive months, except for the case stipulated in art. 59 para (1);e) the finding out, after the mandate validation, that the election has been made by electoral fraud or by any other infringement of the Law on local elections;f) sentencing, by a final judgment, to an imprisonment penalty;g) laying under judicial interdiction;h) disenfranchisement;i) unmotivated absence from 3 consecutive ordinary sittings of the local council;j) demise.(2) The cessation by right of the councillor mandate shall be ascertained by the local council, by decision, upon the initiative of the mayor or of any councillor.(3) In the case stipulated in para (1) letter c), d) and i) the decision of the local council nay be challenged by the councillor at the administrative disputed claims court, within 10 days from communication. The court shall be obliged to pass judgment within 30 days. In such a case, the preliminary procedure shall no longer take place, and the decision of the first instance shall be final and irrevocable.Chapter 3 The mayor and the deputy mayorArticle 61
(1) The communes and the towns shall have each a mayor and a deputy mayor, while the county residence towns shall have 2 deputy mayors each, elected according to law. The deputy mayors cannot be councillors at the same time.(2) The mayor shall participate in the sittings of the local council and shall have the right to express the point of view on all the matters under debating.(3) For the entire duration of exercising the mandate of mayor, respectively deputy mayor, their labour contract at public institutions, autonomous r"gies, national companies, national societies, trading companies with majority state capital or trading companies subordinated to the authority of local or county councils, shall be suspended by right.(4) The mayor and the deputy mayor shall receive, for the entire duration of exercising the mandate, an indemnity established according to law.Article 62
The position of mayor, respectively of deputy mayor, shall be incompatible with:a) the positions and capacities stipulated in art. 30 para (1), that applies accordingly;b) any managing position within the trading companies in which state or a territorial-administrative unit is controlling stockholder or within national societies, national companies or autonomous r"gies;c) any other activities or public position, except for the didactic positions and the positions within certain foundations or non-governmental organizations.Article 63
(1) The validation of the mayor's elections shall be made within 20 days from the date of the elections, in the court chamber of the court in the territorial radius of which the commune of town is located, by a judge designated by the court president.(2) The invalidation of the mayor's election shall be pronounced in the cases stipulated in art. 32 para (4).Article 64
(1) The invalidation decision of the mayor's election may be challenged by the interested party within 5 days from the trial, at the administrative disputed claims court.(2) The instance shall be obliged to pass a judgment within 30 days.(3) The result of the validation or invalidation of mayor's election shall be brought to the knowledge of the prefect and shall be presented in the constitutive sitting of the local council or, as the case may be, in an extraordinary sitting, by a judge designated by the court president.(4) In case of invalidation of mayor's election the Government, on the prefect's proposal, shall establish the date of the elections within maximum 30 days from the invalidation date or, as the case may be, from the date the judgment remains final and irrevocable, under the terms of the law.Article 65
(1) The mayor shall take, in front of the local council, the oath stipulated in art. 34 para (1).(2) The mayor who declines to take the oath shall be considered as resigned by right.Article 66
(1) The mayor shall execute an office of public authority. He shall be the chief of the local public administration and of the own specialty apparatus of the local public administration authorities, which he manages and controls.(2) The mayor shall be responsible for the proper functioning of the local public administration, according to law.Article 67
(1) The mayor represents the commune or town in the relations with other public authorities, with Romanian or foreign natural or legal persons, as well as in justice.(2) The distinctive sign of the mayor shall be a shoulder sash in the colours of the national flag of Romania.(3) The shoulder sash shall be worn, compulsorily, at solemn ceremonies, receptions, public ceremonies and marriage ceremonies.(4) The model of the shoulder sash shall be established by Government decision.Article 68
(1) The mayor shall carry out the following main duties - he/she shall:a) ensure the observance of the fundamental rights and freedoms of the citizens, of the provisions of the Constitution, as well as the applying of the laws, the decrees of the President of Romania, of the Government decisions and ordinances; order the necessary measures and grant support for the applying of the orders and instructions of normative character of the ministers and of the other leaders of the central public administration authorities, as well as the county council decisions;b) ensure the implementation of the local council decisions. In the case in which he considers that a decision is illegal, within 3 days from adopting, he shall intimate the prefect;c) he may propose to the local council the consultation of the population by referendum on the local matters of special interest. On the basis of the local council decision, shall take steps for the organizing of such consultation, under the terms of the law;d) present to the local council, annually or whenever necessary, reports on the economic and social status of the commune or town, in accordance with the duties that are incumbent on the local public administration authorities, as well as information on the modality of implementing the decisions of the local council;e) draw up the draft of the local budget and the closing account of the budgetary exercise and shall submit them to the approval of the local council;f) exercise the office of main official person entitled to authorize expenditure from the budgetary credits;g) verify, ex officio or at request, the receipts and expenditure of sums of money from the local budget and communicate immediately the findings to the local council;h) take measures for the prevention and limitation of the consequences of calamities, catastrophes, fires, epidemics or epizootics, together with the State's specialized bodies. To this end he may mobilize the population, the economic units and the public institutions in the commune or town, these being obliged to carry out the measures established in the protection and intervention plans drawn up by types of disasters;i) ensure public law and order to the inhabitants, with the support of the police, gendarmerie, public guardians, firefighters and civil protection units, that are obliged to answer his requests, under the terms of the law;j) guide and supervise the activity of the public guardians, in keeping with the contract commitments;k) take the measures provided under the law with regard to the carrying on of public meetings;l) take measures of prohibition or suspension of shows, performances or other public manifestations which contravene the established order, or infringe upon the good morals, public law and order and public peace;m) control the hygiene and salubrity of public premises and of foodstuffs put on sale for the population, with the assistance of the specialized bodies;n) take measures for the preventing and fighting the dangers caused by animals, under the terms of the law;o) take measures for the drawing up of the generale town-planning plan of the locality and submits it to the approval of the local council; ensure the observance of the provisions of the general town-planning plan, as well as of the zonal and detailed urbanization plans;p) ensure the distribution of the social housings on the basis of the local council's decision;q) ensure the maintenance and the rehabilitation of the public roads, that are property of the commune or town, the installing of the traffic indicators, the normal unrolling of the road and pedestrian traffic, under the terms of the law;r) exercise the control over the activities in fairs, market places, cattle fairs, recreation parks and places and take measures for their proper functioning;s) manage the local public services; ensure the functioning of the civil status and of tutelary authority services; supervise the carrying out of the measures of social assistance and social allowance; �) perform the office of registrar;t) issue the endorsements, agreements and authorizations that are, by law, in his competence; �) propose for aproval by the local council, under the terms of the law, the organization chart, the staffing schedules, the number of personnel and the organization and functioning regulations of the own specialty apparatus;u) appoint and dismiss from office, under the terms of the law, the personnel in the own specialty apparatus of the local public administration authority, excepting the secretary; propose to the local council the appointing and dismissal from office, under the terms of the law, of the managers of the autonomous regies, of public institutions and services of local interest;v) be responsible of the stock-taking and managing of the goods belonging to the public domain and to private domain of the commune or town;x) organize the situation of the construction works in the locality and put at the disposal of the central public administration authorities the results of such situations;y) take measures for the control of the depositing of domestic, industrial wastes or of any other kind, to ensure the hygiene of the river banks in the radius of the commune or town, as well as the desilting of the local valleys and bridges to ensure the flow of big waters.(2) The mayor shall exercise other duties, too, stipulated by law or other statutory instruments, as well as the tasks assigned by the local council.Article 69
(1) In exercising his duties of tutelary authority and registrar, of the tasks that are incumbent on him from the statutory instruments regarding the census, the organization and carrying on of the elections, the taking of measures of civil protection, as well as other duties established by law, the mayor also acts as representative of the State in the commune or town in wich he was elected.(2) In this capacity, the mayor may request, including through the prefect, under the terms of law, the assistance of the heads of the decentralized public services of the ministries and of the other central bodies in the administrative-teritorial units if the tasks that are incumbent on him cannot be solved by the own specialty apparatus.Article 70
(1) The mayor may delegate to the deputy mayor or, as the case may be, deputy mayors, by written order issued within maximum 30 days from validation, the exercising of the duties that are incumbent on him according to art. 68 para (1) letter j), m), p), r), v), x) and y).(2) The duties of registrar may be delegated to deputy mayor, secretary or to other officials having competencies in this field, according to the law.(3) The duties that are incumbent on the mayor as representative of the State, according to art. 69, excepting those of registrar, as well as stipuled in art. 68, para (1) letter a) - f), h), i), k), l) and t) cannot be delegated.Article 71
(1) In exercising his duties, the mayor shall issue orders of normative or individual character. These shall become executory only after they shall be brought to the public knowledge or after the interested persons are duly informed, as the case may be.(2) The provisions of art. 49 and of art. 50 para (2) shall apply accordingly.Article 72
(1) The mayor's mandate shall be of 4 years and shall be exercised until the oath taking by the newly elected mayor. The mayor's mandate may be extended, by organic law, in case of war or catastrophe.(2) The mayor's mandate shall cease, by right, in one of the following cases:a) resignation;b) incompatibility;c) change of domicile in another territorial-administrative unit;d) imposibility of exercising the mandate for a period of more than 6 consecutive months, except for the cases stipulated in art. 77 para (2);e) if it is found, after the validation of the mandate, that the election has been won by electoral fraud or by any other violation of the Law on local elections;f) he has been sentenced, by a final judgment, to a punishment of imprisonment;g) laying under judicial interdiction;h) disenfranchisement;i) when, in exercising the duties that are incumbent on him by law, he issued 3 orders of normative character within 3 month, that were cancelled by the administrative disputed claims court by a final and irrevocable judgment;j) demise.(3) In the cases provided under para (2), the prefect, by an order, shall take note of the cessation of the mayor's mandate.(4) In the case stipulated in para (2) letter d) the prefect's order may be challenged by the mayor at the administrative disputed claims court within 10 days from communication.(5) The administrative disputed claims court shall be obliged to pass a judgment within 30 days. In this case, the preliminary procedure shall no longer be carried out, and the judgment of the first instance is final and irrevocable.(6) The date for organizing the elections for mayor's position shall be established by the Government, on the proposal of the prefect, within 30 days or after the expiry of the term provided for in para (4).Article 73
(1) The mayor's mandate also ceases before the term as a result of a local referendum, organized according to law.(2) The referendum for the cessation of mayor's mandate shall be organized at the request addresed in this regard by the inhabitants of the commune or town to the prefect, as a result of neglecting by him of the general interests of the local collectivity or of non-exercising the duties that are incumbent on him by law, including those exercised as State's representative.(3) The request shall include the motives underlying it, the name and surname, date and place of birth, series and number of the identity card and the holograph signature of the citizens requesting the organization of the referendum.(4) The organization of the referendum shall have to be requested, in writing, by at least 25% of the inhabitants having the right to vote. That percentage shall have to be achieved in each of the component localities of the commune or the town.Article 74
(1) After receiving the request, the prefect shall proceed to the analysis of the solidity of the claimed motives, of the fulfilment of the terms stipulated in art. 73, as well as to the verifying of the veracity and authenticity of the signature, within 30 days.(2) After verification, the prefect shall transmit to the Government, throught the Ministry of Public Administration, a motivated proposal for the organization of the referendum.(3) On the basis of the prefect's motivated proposal, endorsed by the Ministry of Public Administration, the Government shall pronounce itsefl, by decision, within 60 days from the prefect's request. The Government decision shall establish the date of referendum and it shall be brought to the knowledge of the habitants of the commune or town, by courtesy of the prefect.(4) The necessary expenditure for the carrying out of the referendum shall be covered from the local budget.Article 75
(1) The local referendum shall be organized, under the terms of the law, by courtesy of the prefect, with the assistance of the secretary and of the own specialty apparatus of the respective local council.(2) In such case, the procedures provided by law regarding the campaign for the referendum shall no longer apply.Article 76
(1) The referendum shall be valid if at least half plus one of the total number of the inhabitants having the right to vote were present to the ballot.(2) The mayor's mandate ceases before the term if at least plus one of the total number of the citizens having the right to vote have pronounced themselves in this regard.(3) In the case stipulated in para (2), the provisions of art. 72 para (6) shall apply accordingly.Article 77
(1) In the exercising of his function, the mayor shall be protected by law.(2) The mayor's mandate shall be suspended only in the case in wich he has been preventively arrested. The measure of preventive arrest shall be immediately communicated by the prosecutor's office or by the court of justices, as the case may be, to the prefect who, by an order, shal take note of the mandate's suspension.(3) The suspension order shall be immediately communicated to the mayor.(4) The suspension shall last until the cessation of the case stipulated in para (2).(5) If the suspended mayor shall be found innocent, he shall have the right to compensation, according to law.(6) The provisions of para (1) - (5) shall also apply in the case of the deputy mayor.Article 78
(1) The local council shall elect from among its members the deputy mayor, respectively deputy mayors, by the secret vote of the majority of councillors in office. The duration of the deputy mayor's mandate shall be equal to that of the local council's mandate.(2) The change from the office of the deputy mayor may be made by the local council, on the motivated proposal of one third of the number of councillors or of the mayor, by a decision adopted by the vote of two thirds of the number of councillors in office.Article 79
The deputy mayor shall exercise the duties delegated to him by the mayor, under the terms stipulated in art. 70.Article 80
The deputy mayor's mandate shall cease, by right, under the provisions of art. 72, that shall accordingly apply. In such a case, the local council shall take note of the cessation of the mandate and shall elect a new deputy mayor.Article 81
The deputy mayor may be suspended from office under the terms stipulated in art. 77, that shall apply accordingly.Article 82
(1) In case of vacancy of mayor's office, as well as in the case of his suspension from office, the duties that are conferred to him by the present law shall be exercised, by right, by the deputy mayor or, as the case may be, by one of the deputy mayors, designated by the local council by the secret vote of the majority of councillors in office.(2) In the case stipulated in para (1), the council may delegate, by decision, a councillor from among its members, to temporarily fulfil the duties of the deputy mayor.(3) In the case in wich both the mayor and the deputy mayor are suspended from office, at the same time, the local council shall delegate a councillor that shall fulfil both the duties of the mayor and of the deputy mayor, until the cessation of the suspension.(4) If both the mayor's office and that of the deputy mayor become vacant, at the same time, the council shall elect a new deputy mayor, the provisions of para (1) and (2) being applicable until the election of a new mayor. The provisions of art. 72 para (6) shall apply accordingly.Chapter 4 The secretary, the local public services and the own specialty apparatus Section 1 The secretaryArticle 83
(1) Each commune, town or territorialadmnistrative subdivision of the municipalities shall have a secretary whose wages shall be paid from the local budget. The secretary of the commune, town or territorial-administrative subdivision of the municipalities shall be a civil servant of management, having legal or administrative higher education. Exceptionally, in the office of secretary of the commune may also be appointed a person having other higher education or with high school education attested by the baccalaureate.(2) The secretary cannot be a member of a political party, under the sanction of being released of his office.(3) The secretary cannot be husband, wife or first degree relative with the mayor or the deputy mayor.Article 84
(1) The office of secretary shall be taken on the basis of competition or examination, as the case may be, and the appointment shall be made by the prefect.(2) The competition or examination shall be organized by the mayor, according to the law, within 30 days from the date the office became vacant. The mayor, the secretary general of the prefecture, the secretary general of the county and 2 representatives designated by the local council shall compulsorily take part in the competition or examination commission. The appointment order shall be issued by the prefect, within maximum 10 days from the receipt of the result of the competition of examination, that shall be communicated by the mayor within maximum 3 days from the result of the competition or examination remaining final.(3) The secretary enjoys stability in office, under the terms of the law.Article 85
(1) The secretary shall carry out, under the terms of the law, the following main duties - he/she shall:a) participate, compulsorily, in the local council's sittings;b) coordinate the compartments and the activities of legal, civil status, tutelary authority and social assistance within the own specialty apparatus of the local council;c) endorse the draft decisions of the local council, assuming the responsibility for their legality, countersigning the decisions he considers as legal;d) endorse the mayor's orders for legality;e) follow up the solving of the correspondence within the legal term;f) ensure the carrying out of the procedures for convening the local council and the carrying out of the secretarial work;g) prepare the papers to be submitted to the local council's debate;h) ensure the communication to the interested authorities, institutions and persons the documents issued by the local council or the mayor, within maximum 10 days, if the law does not stipulate otherwise;i) ensure the bringing to the public knowledge of the decisions and orders of a normative character;j) deliver extracts or copies of any document in the archive of the local council, excepting those having a secret character, established according to law;k) authenticate signatures on the documents presented by the parties and confirm the authenticity of the copies with the original documents, under the terms of the law.(2) The secretary may also coordinate other services of the own specialty apparatus of the local public administration authorities, assigned by the mayor.(3) The secretary also carries out other duties stipulated by law or tasks given by the local council or by the mayor.Article 86
The dismissal from office, as well as the disciplinary sanctioning of the secretary shall be done by the prefect, only on the proposal of the local council, adopted by the vote of at least two thirds of the number of councillors in office, following the initiative of the mayor or of one third of the number of councillors, on the basis of the conclusions resulting from an administrative investigation. Section 2 Public services of the commune, town and own specialty apparatus of the local public administration authoritiesArticle 87
The public services of the commune or town shall be set up and organized by the local council in the main fields of activity, in accordance with the local specifics and needs, by observing the legal provisions and within the limit of the financial means at its disposal.Article 88
(1) The appointment and the dismissal from office of the personnel in the public services of the commune or town shall be made by the heads of the respective services, under the terms of the law.(2) The mayor, under the terms of the law, shall make the appointment and dismissal from office of the personnel in the own specialty apparatus of the local council.(3) The local council may make a motivated recommendation to the mayor for the dismissal of the heads of the compartments in the own specialty apparatus of the local council.Article 89
The employees in the public services of the commune or town and in the own specialty apparatus of the local public administration authorities shall enjoy stability in office, under the terms of the law.Article 90
(1) The Romanian language shall be used in the relations between the citizens and the local public administration authorities.(2) In the territorial-administrative units in which the citizens belonging to a national minority hold a share of over 20% of the total number of the inhabitants, in their relations with the local public administration authorities and with the own specialty apparatus, they may also address themselves, orally or in writing, in their mother tongue and shall receive the answer both in the Romanian language and in their mother tongue.(3) Under the terms provided in para (2), persons that know the mother tongue of the citizens belonging to the respective minority shall also be employed in the positions regarding public relations.(4) The local public administration authorities shall ensure the inscribing of the name of the localities and institutions under their authority, as well as the posting up of the announcements of public interest also in the mother tongue of the citizens belonging to the respective minority, under the terms provided in para (2).(5) The official documents shall be compulsorily drawn up in the Romanian language.Article 91
The mayor, the deputy mayors, the secretary of the commune, of the town or of the territorial-administrative subdivision of the municipality, shall, together with the own specialty apparatus of the local council, constitute a functional structure with permanent activity, called the mayoralty of the commune or town that carries out the decisions of the local council and the mayor's orders, solving the current matters of the local collectivity.Chapter 5 The public administration of the Bucharest MunicipalityArticle 92
The Bucharest Municipality shall be organized in 6 territorial-administrative subdivisions, called sectors.Article 93
(1) The sectors of the Bucharest Municipality shall have a mayor and a deputy mayor each, while the Bucharest Municipality shall have a mayor general and 2 deputy mayors.(2) The validation of the election of the mayor general of the Bucharest Municipality shall be made by the president of the Bucharest Tribunal, under the terms of the present law.Article 94
The local public administration authorities in Bucharest Municipality shall be The General Council of the Bucharest Municipality and the local councils of the sectors, as deliberative authorities, as well as the mayor general of the Bucharest Municipality and the sector mayors, as executive authorities, elected under the terms of the Law on local elections.Article 95
(1) The local councils of Bucharest Municipality sectors shall function and may be dissolved under the terms stipulated by the present law for the local councils that apply accordingly.(2) The local councils of the Bucharest Municipality shall exercise the following main duties - they shall:a) elect, from among the councillors, the councillor that shall chair the council sittings, as well as a deputy mayor; they shall keep the position of councillor;b) approve the organization and functioning regulations of the council;c) endorse studies, prognoses and socio-economic development programmes, of territorial planning and urbanization, including the participation in regional and zonal development programmes, under the terms of the law, which it shall submit for approval to The General Council of the Bucharest Municipality;d) approve the local budget, the loans, transfer of credits and the modality of utilizing the budgetary reserve; approve the closing account of the budgetary exercise; establish local taxes and fees, as well as special fees, under the terms of the law;e) approve, on the mayor's proposal, the organization chart, staffing schedules, number of personnel and the organization and functioning regulations of the own specialty apparatus of the public services of local interest;f) manage, under the terms of the law, the public or private property goods of the municipality, in the radius of the sector, on the basis of the decision of The General Council of the Bucharest Municipality;g) decide on the licensing or renting out of the public services under their authority, under the terms of the law;h) set up institutions, trading companies and public services; institute, by observing the general criteria established by law, organization and functioning norms for the public institutions and services, as well as for the trading companies set up or which are under their authority; appoint and dismiss from office, under the terms of the law, the heads of the public institutions and of the public services of local interest;i) approve, under the terms of the law, the zonal and detailed urban plans of the sectors, which they communicate to The General Council of the Bucharest Municipality; approve, within their competencies, the technological and economic documentation for the investments of local interest and ensure the necessary conditions for their implementation, in keeping with the general urban plan of Bucharest Municipality and the due regulations;j) ensure, according to its competencies, the necessary conditions for a proper functioning of the public institutions and services of education, health, culture, youth and sports, protecting of public law and order, of local interest; follow up and control their activity;k) contribute to the organization of scientific, cultural, artistic, sports and leisure activities;l) contribute to the ensuring of public law and order, analyze the activity of the public guardians and propose measures for its improvement;m) act for the protection and rehabilitation of the environment, aimed at the increase of the quality of life; contribute to the protection, conservation, restoration and turning to good account of the historic and architectural monuments, of the parks and natural reservations;n) contribute to the carrying out of the measures of protection and social assistance, ensure the protection of children's rights, according to the legislation in force; approve the criteria for the distribution of the social housings; set up and ensure the functioning of charity institutions of local interest;o) set up and organize fairs, market places, cattle fairs, amusement parks and places, sports grounds and ensure their proper functioning;p) decide, under the terms of the law, with the agreement of The General Council of the Bucharest Municipality, the cooperation or association with local public administration authorities in the country or from abroad, as well the joining the national and international associations of the local public administration authorities, aimed at promoting of common interests;q) decide, under the terms of the law, with the prior agreement of The General Council of the Bucharest Municipality, the co-operation or association with Romanian or foreign legal persons, with non-governmental organizations and with order social partners, for the joint financing and carrying out of certain activities, works, services or projects of local public interest;r) ensure the freedom of trade and encourage free initiative, according to law;s) support the activity of the religious cults, under the terms of the law.(3) The duties stipulated in para (2) letter c)-h), p) and q) may be exercised only on the basis of the express authorization given by decision of The General Council of the Bucharest Municipality.(4) The local councils of the sectors shall exercise also other duties established by law or delegated by The General Council of the Bucharest Municipality.Article 96
The General Council of the Bucharest Municipality shall be constituted, function and carry out the duties stipulated by the provisions of the present law for the local councils, which apply accordingly.Article 97
(1) The mayors and the deputy mayors of the Bucharest Municipality sectors shall function under the terms stipulated by the provisions of the present law for the mayors and the deputy mayors of communes, towns and carry out the duties established by law for them, excepting those stipulated in art. 68 para (1) letter c) and k), which shall be carried out only by the mayor general of the Bucharest Municipality.(2) The provisions of the present law regarding the suspension and dismissal shall apply accordingly to the mayors and deputy mayors of the Bucharest Municipality sectors.(3) The mayor general and the deputy mayors of the Bucharest Municipality shall function and carry out the duties stipulated by the provisions of the present law for the mayors and deputy mayors of the communes and towns, which apply accordingly.(4) The provisions of the present law regarding the suspension and dismissal shall apply accordingly, to the mayor general and to the deputy mayors of the Bucharest Municipality.Article 98
The provisions of art. 83-86 and the provisions of art. 120 shall apply accordingly to the secretaries of Bucharest Municipality sectors, respectively to the secretary general of the Bucharest Municipality.Article 99
The decisions of the General Council of the Bucharest Municipality and the orders of normative character of the mayor general shall be compulsory also for the local public administration authorities organized in the Bucharest Municipality sectors.Article 100
(1) The mayor general of the Bucharest Municipality, together with the mayors of the Bucharest Municipality sectors shall meet at least once a month, upon the convening by the mayor or upon the proposal of at least 3 mayors of sectors. In the sittings there shall be analyzed the way in which the decisions of The General Council of the Bucharest Municipality and the orders of normative character of the mayor general are implemented and mutual information shall be presented regarding the activity of the sector local councils, aiming at the correlation of certain activities necessary for the proper functioning of Bucharest Municipality administration. The prefect of the Bucharest Municipality shall participate, by right, in the sittings.(2) The sector mayors shall participate, by right, in the sittings of The General Council of Bucharest Municipality and may intervene in the debates of the matters on the agenda.(3) The presidents of the specialty commissions of the sector local councils may participate in the sittings of The General Council of the Bucharest Municipality.(4) The presidents of the sector local council's specialty commissions have the right to intervene in the discussions, without having the right to vote.Chapter 6 The county council Section 1 Constitution and composition of the county councilArticle 101
(1) The county council shall be the authority of the local public administration, constituted at county level, for the coordination of the activity of the communal and town councils, aimed at the carrying out of the public services of county interest.(2) The county council shall be composed of councillors elected by universal, equal, direct and freely expressed ballot, under the terms established by the Law on local elections.Article 102
The number of members of each county council shall be established by the prefect, depending on the county population, reported by the National Statistics and Economic Studies Institute on the date of January 1 of the running year or, as the case may be, on the date of July 1 of the year preceding the elections, as follows:----------------------------------------------------------------------------- Number of the county's inhabitants Number of councillors----------------------------------------------------------------------------- - up to 350,000 31 - from 350,001 to 500,000 33 - from 500,001 to 650,000 35 - over 650,000 37-----------------------------------------------------------------------------Article 103
(1) On the constitution of the county council, the provisions of art. 31-37 shall be applied accordingly.(2) In the cases stipulated in art. 60, the president of the county council shall have the obligation to propose to it the adopting of a decision by which note should be taken of the cessation of the councillor's mandate. Section 2 Powers of the county councilArticle 104
(1) The county council, as a deliberative authority of the local public administration constituted at county level, shall carry out the following main powers - it shall:a) elect a president and 2 vice-presidents from among the councillors;b) approve, on the proposal of the president, the organization and functioning regulations of the county council, the number of personnel within the legal norms, the organization chart, the staffing schedules, the organization and functioning regulations of the own specialty apparatus, of the public institutions and services, as well as of the autonomous r"gies of county interest;c) adopt strategies, prognoses and economic-social development programmes of the county or of certain zones within it, on the basis of the proposals received from the local councils, order, approve and follow up, in co-operation with the interested communal and town local public administration authorities, the necessary measures, including those of financial order, for their implementation:d) coordinate the activity of the local councils of the communes and towns aimed at the carrying out of the public services of county interest;e) approve the own budget of the county, the loans, the transfer of credits and the modality of utilization of the budgetary reserve; approve the closing account of the budgetary year; establish taxes and fees, as well as special fees, under the terms of the law; decide the distribution on communes, towns and municipalities of the share of the amounts deducted from certain revenues of the state budget or from other sources, under the terms of the law;f) manage the public domain and the private domain of the county;g) decide on the giving for management, licensing or renting of the goods that are county public property, or, as the case may be, of the public services of county interest, under the terms of the law; decide on the sale, licensing and renting the goods that are county private property, according to law;h) decide on the setting up of public institutions and public services of county interest, under the terms of the law; appoint and dismiss from office, under the terms of the law, the heads of the public institutions and services it set up and apply, if the case may be, disciplinary sanctions according to law;i) decide on the reorganization of the autonomous r"gies of county interest; exercise, in the name of the territorialadministrative unit, all the rights of the shareholder in the trading companies it set up; decide on the privatization of such trading companies;j) establish, on the basis of the consultation of the communal and town local public administration authorities, the drafts of organization and territorial planning of the county, as well as of general urban development of the county and of the component territorial-administrative units; follow up the way of their implementation in co-operation with the communal and town local public administration authorities involved;k) approve the construction, maintenance and modernization of roads, bridges, as well as of the entire infrastructure of the means of communication of county interest; grant support and specialty technical assistance to the communal and town local public administration authorities for the construction, maintenance and modernization of the communal and town roads; in this regard, the county council may set up specialized public services;l) approve the technical and economic documentation for the investment works of county interest, within the limits and the terms of the law;m) ensure, according to its competencies, the material and financial conditions necessary to the proper functioning of the cultural institutions, of the public institutions and services for education, social protection and assistance, of the public transport services under its authority, as well as of other activities, under the terms of the law;n) ensure financial support for cultural activities or carried on by religious cults, as well as for educationalscientific and sports activities;o) set up social and cultural institutions, as well as for the protection of child's rights and ensure their proper functioning, by the allocation of the necessary funds;p) analyze the proposals made by the communal and town local public administration authorities, in view of drawing up prognoses and socio-economic development programmes or of rehabilitation and protection of the environment;q) assign, under the terms of the law, names to objectives of county interest;r) decide, under the terms of the law, on the co-operation or association with other local public administration authorities in the country or from abroad, as well as the joining the national and international associations of local public administration authorities, aiming at the promotion of certain common interests;s) decide, under the terms of the law, on the co-operation or association with Romanian or foreign legal persons, with non-governmental organizations and with other social partners, in view of the joint financing and carrying out of certain activities, works, services or projects of county public interest;t) decide, under the terms of the law, the association with the local councils, for the carrying out of certain objectives of common interest, for which purpose it may set up together with the latter, public institutions, trading companies and public services;u) coordinate the activities of the public guardians Corps, under the terms of the law.(2) The county council also carries out other duties stipulated by law. Section 3 Functioning of the county councilArticle 105
(1) The county council shall be elected for a 4 years mandate, which may be extended, by organic law, in case of war or catastrophe.(2) The county council shall exercise its mandate from the date of constitution until the date of the newly elected council being declared as legally constituted.Article 106
(1) The county council shall meet in ordinary sittings once every two months, upon the convening by the president of the county council.(2) The county council may also meet in extraordinary sittings as often as necessary, at the request of the president or of at least one third of the total number of the council's members or at the request of the prefect, addressed to the president of the county council, in exceptional cases that require the adopting of certain immediate measures for the prevention, limiting or removal of the effects of calamities, catastrophes, fires, epidemics or epizooties, as well as for the ensuring public law and order.(3) The convening of the county council shall be made in writing, through the secretary general of the county, by at least 5 days before the ordinary sittings and by maximum 3 days before the extraordinary ones.(4) In case of force majeure and of maximum urgency for the solving of the county inhabitants' interests, the convening of the county council shall be made at once.(5) In the invitation to the sitting, the date, hour, place and agenda shall be precisely mentioned.(6) In the case in which the president of the county council is in impossibility of convening the council in ordinary sitting, this shall be made by the vice-president designated under the terms of art. 118.(7) The agenda of the county council shall be brought to the knowledge of the county's inhabitants through mass media or any other means of publicity.(8) In the counties in which the citizens belonging to a national minority have a share of over 20% of the total number of the inhabitants, the agenda shall be brought to public knowledge also in the mother tongue of the citizens belonging to the respective minority.(9) In all the cases, the convening shall be recorded in the official report of the sitting.Article 107
(1) The sittings of the county council shall be legally constituted if the majority of the councillors in office are present.(2) The presence of the councillors in the sittings shall be compulsory. The cases in which it shall be considered that the absence is motivated shall be established by the organization and functioning regulations of the county council. In the case in which a councillor is absent twice consecutively without serious motives, he may be sanctioned under the organization and functioning regulations of the county council.Article 108
(1) The sittings of the county council shall be chaired by its president or, in his absence, by the vicepresident designated under the provisions of art. 118.(2) In the case in which, for solid reasons, the vicepresident designated in accordance with art. 118 is also absent, the sitting shall be chaired by the other vice-president or by a councillor elected by the vote of the majority of the councillors present.Article 109
(1) In exercising the duties that are incumbent on it, the county council shall adopt decisions by the vote of the majority of the members present, excepting the cases in which the law or the organization and functioning regulations of the council call for another majority.(2) The decisions shall be signed by the president or, in his absence, by the vice-president of the county council that chaired the sitting and shall be countersigned for legality by the county secretary general.Article 110
The provisions of art. 43, art. 45-54 and art. 56 shall be applied accordingly.Article 111
(1) In the case in which the county council does not meet for 6 consecutive months or did not adopt, in 3 consecutive ordinary sittings, any decision, as well as in the case in which the number of the councillors is reduced to less than two thirds and the completion cannot be made with substitutes, it shall be disolved by right.(2) The cases stipulated in para (1) shall be communicated by the secretary to the prefect, who, by order, shall take note of the dissolution by right of the council and shall propose to the Government the organization of new elections.(3) The provisions of art. 58 para (3)-(5) shall be applied accordingly.(4) The establishing of the elections date shall be possible only after the expiry of the term stipulated in para (3) or after the judgment by which the action introduced against the prefect's order was rejected remains final and irrevocable.(5) During the period in which the county council is dissolved or it could not be constituted according to law, the current matters of the county administration shall be solved by the secretary general of the county on the basis of a special authorization given by the Government, through the Ministry of Public Administration.Article 112
The councillor's mandate shall cease by right under the terms of art. 60, that apply accordingly. Section 4 The president, vice-president and secretary general of the countyArticle 113
(1) The county council shall elect from among its members, for the entire duration of exercising the mandate, a president and 2 vice-presidents.(2) The president and the vice-presidents shall be elected by the secret vote of the majority of councillors in office. The dismissal from office of the county council's president shall be made by the secret vote of at least two thirds of the number of the councillors in office, on the proposal of at least one third of their number, if he has issued, during a 3 months period, at least 3 orders that have irrevocably been cancelled by the law court for contravening the general interests of the State or of the county or have infringed the Constitution and the laws of the country. The vice-presidents may be dismissed, under the same terms, only if it was found by irrevocable judgment that they contravened, in exercising the tasks that were incumbent on them, the general interests of the State or of the county or have infringed the Constitution and the laws of the country.(3) For the entire duration of exercising their mandate, the labour contract of the county council's president and vicepresidents at public institutions, autonomous regies, national companies, national societies, trading companies with majority state capital, shall be suspended by right.(4) The county council's president and vice-presidents shall receive for the entire duration of exercising their mandate an indemnity established according to law.Article 114
(1) The county council's president shall represent the county in its relations with the other public authorities, with Romanian and foreign natural and legal persons, as well as in justice.(2) The president shall be responsible before the county council, for the proper functioning of the county public administration.(3) The own apparatus of the county council shall be subordinated to its president. The employees in the own specialty apparatus shall enjoy stability in office, according to law.Article 115
The county council's president shall be responsible for the proper functioning of the own specialty apparatus that he manages and controls. The coordination of certain compartments in the own specialty apparatus shall be delegated to the vice-presidents or to the secretary general of the county, by order.Article 116
(1) The county council's president shall carry out, under the terms of the law, the following main duties - he/she shall:a) ensure the observance of the provisions of the Constitution, the applying of the laws, of the decrees of the President of Romania, of the Government decisions and ordinances, of the county council's decisions, as well as of other statutory instruments;b) draw up the draft agenda of the county council's sitting;c) order the necessary measures for the preparing and the carrying on under the best conditions of the county council's proceedings;d) draw up and submit to the county council approval its organization and functioning regulations;e) ensure the implementation of the county council's decisions and periodically analyze the stage of their implementation;f) chair the county council's sittings;g) coordinate and control the activity of the public institutions and services under the county council's authority;h) exercise the office of the main official entitled to authorize credits;i) draw up the draft of the own budget of the county and the closing account of the budgetary year and submit them to the county council's approval, under the terms and at the terms stipulated by law;j) follow up the modality of achieving the budgetary revenues and propose to the county council the adopting of the necessary measures for their cashing on time;k) propose for approval to the county council, according to law, the organization chart, the staffing schedules, the number of personnel and the organization and functioning regulations of the own specialty apparatus, of the public institutions and services under its authority;l) present to the county council, annually or at its request, reports on the way of fulfilment of the own duties and of the council's decisions;m) propose to the county council the appointment to and the dismissal from office, under the terms of the law, of the heads of the public institutions and public services under its authority;n) issue the endorsements, agreements and authorizations given in his competency by law;o) guide methodologically, follow up and control the activities of civil status and tutelary authority, carried on in communes and towns;p) grant, through the own apparatus and the specialty services of the county council, support and technical and juridical consultation to the communal and town local public administration authorities, at their request;q) coordinate, control and answer for the activity regarding the protection of child's rights.(2) The president of the county council may delegate to the vice-presidents, by order, the duties stipulated in para (1) letter g) and p).(3) The president of the county council shall carry out also other duties stipulated by the law or tasks assigned by the county council.Article 117
(1) In exercising his duties the county council's president shall issue orders of normative or individual character. These shall become executory only after they are brought to the public knowledge or after the interested persons were apprized, as the case may be.(2) The provisions of art. 49 and art. 50 para (2) apply accordingly.Article 118
(1) In case of president's suspension, his duties shall be exercised by one of the vice-presidents, designated by the county council by the secret vote of the majority of the councillors in office.(2) In the other cases of absence of the president, his duties shall be exercised, on his behalf, by one of the vice-presidents, designated by the president by order.Article 119
(1) The president and the vice-presidents of the county council shall keep the position of councillor. The duration of the mandate of the president and of the vicepresidents shall be equal to that of the county council's mandate.(2) The provisions of art. 62, 72 and 77 shall apply accordingly to the county council's president, too.(3) In the case of cessation of the mandate of the county council's president ahead the term, the prefect shall take note by order and shall inform the county council about the election of a new president.Article 120
(1) Each county shall have a secretary general paid from its budget. The secretary general shall be a civil servant of management and should have juridic or administrative higher education. The secretary general enjoys stability in office, under the terms of the law. He cannot be a member of any political party or of a political formation, under the sanction of dismissal from office.(2) The appointment of the secretary general of the county shall be made by the Ministry of Public Administration, on the county council's proposal, according to law.(3) The appointment shall be made on the basis of competition or examination, as the case may be. The competition shall be organized, under the terms of the law, by the president of the county council within 45 days from the date on which the position became vacant. The president or, in his absence, one of the vice-presidents of the county council, a representative of the Ministry of Public Administration, the secretary general of the prefect's office and 2 representatives of the county council shall be part of the examination commission.(4) The issuing of the appointment order shall be made within maximum 10 days from the receipt of the proposal.(5) The dismissal from office, as well as the disciplinary sanctioning of the secretary shall be made by the Ministry of Public Administration, only on the proposal of the county council, approved by the vote of at least two thirds of the number of the councillors in office, as a result of the initiative of its president, or of one third of the number of councillors, on the basis of the conclusions reached following an administrative investigation.(6) The provisions of art. 85 shall be applicable to the secretary general of the county.(7) The secretary general of the county shall coordinate the compartments of civil status and guardianship in the own specialty apparatus of the county council. The county's secretary general shall carry out accordingly the duties established by law for the secretary general of the ministry.Chapter 7 Public assets and works Section 1 Administration of assetsArticle 121
The movable and immovable assets that belong to the public domain of the territorial-administrative unit, its private domain, as well as the rights and obligations of patrimonial character, shall constitute property of the territorial-administrative unit.Article 122
(1) The assets which, according to the law or by their nature, are of public use and interest and are not declared by law of national public use or interest, shall belong to the public domain of local or county interest.(2) The assets that are part of the public domain shall be inalienable, imprescriptible and not distrainable.Article 123
(1) The private domain of the territorialadministrative units shall consist of movable and immovable assets, others than those stipulated in art. 122 para (1), entered into their property by the modalities provided by law.(2) The assets that are part of the private domain shall be submitted to the provisions of the ordinary law, unless the law provides otherwise.(3) The donations and the contingent devises may be accepted only with the approval of the local council or, as the case may be, of the county council, be the vote of two thirds of the number of its members.Article 124
All the assets belonging to the territorialadministrative units shall be submitted to the annual inventory. The mayor, respectively the president of the county council, shall present a report on the management status of the assets, to the local and county councils.Article 125
(1) The local councils and the county councils decide whether the assets belonging to the public or private domain, of local or county interest, should be given to the management of the autonomous r"gies and public institutions, to be licensed or rented out. They shall decide on the purchase of certain assets or on the sale of the assets that are part of the private domain, of local or county interest, under the terms of the law.(2) The sale, licensing and the renting out shall be made by public auction, organized under the terms of the law.Article 126
The local councils and the county councils may give for free use, for a limited period of time, movable and immovable assets, public or private local or county property, as the case may be, to legal persons non-profit making, which carry on activities of charity or of public utility, or to public services. Section 2 Public worksArticle 127
The local councils or the county councils may contract by auction the carrying out of works and services of public utility, within the approved amounts in the local budget, respectively county budget.Article 128
The construction and repair works of public interest, financed from the budgets of the communes, towns or counties, shall be carried out only on the basis of technical and economic documentation endorsed or approved, as the case may be, by the local council or by the county council, and only on the basis of a public auction, within the limits and under the terms of the law.Article 129
The documentation for town and territorial planning regarding the commune, town or county shall be drawn up, approved and financed in keeping with the provisions of the law.Chapter 8 The prefect Section 1 The county prefect and the prefect of the Bucharest MunicipalityArticle 130
(1) The Government shall appoint one prefect, as its representative, in each county and in Bucharest Municipality.(2) The prefect shall be assisted by a sub-prefect. In Bucharest Municipality, the prefect shall be assisted by 2 subprefects.(3) The appointment to and the dismissal from office of the prefects shall be made by a Government decision. In order to be appointed to office, the prefect must have long term higher education.(4) The appointment to and the dismissal from office of the sub-prefects shall be made by an order of the prime minister, on the proposal of the prefect and of the Ministry of Public Administration. In order to be appointed to office, the sub-prefect must have higher education.(5) For the entire duration of carrying out of the office of prefect or of sub-prefect, his labour contract at public institutions, autonomous r"gies, national companies, national societies and trading companies with majority state capital, shall be suspended.Article 131
The prefect and the sub-prefect cannot be deputies or senators, mayors, local councillors or county councillors and cannot hold an office of professional representation, another public office or an office or a remunerated professional activity within autonomous regies, as well as in trading companies with state or private capital.Article 132
(1) As representative of the Government, the prefect shall supervise for the activity of the local councils and of the mayors, of the county councils and of the presidents of the county councils to be carried out in accordance with the provisions of the law.(2) Between the prefects, on the one hand, and the local councils and mayors, as well as the county councils and the presidents of the county councils, on the other hand, there shall be no relations of subordination.Article 133
(1) The prefect shall manage the activity of the decentralized public services of the ministries and of the other specialty authorities of the central public administration, organized at the level of the territorialadministrative units.(2) The appointment to and the dismissal from office of the heads of the decentralized pulic services of the ministries shall be made with the advisory opinion of the prefect, under the terms of the law. In well motivated cases, the prefect may withdraw his opinion, proposing, under the terms of the law, the dismissal from office of their heads.Article 134
(1) As representative of the Government, the prefect shall carry out the following main duties - he/she shall:a) ensure the achievement of the national interests, the applying and observance of the Constitution, of the laws, of the Government decisions and ordinances, of the other statutory instruments as well as of public law and order;b) exercise the control over the legality of the administrative documents adopted or issued by the local and county public administration authorities, as well as by the county council president, excepting the documents of current management;c) order the proper measures for the prevention of the infractions and the protection of the citizens' rights, through the legally authorized bodies;d) ensure, together with the authorities and authorized bodies, the preparing and the implementation, under the terms established by law, of the measures of defense that do not have a military character, as well as of those of civil protection; the military authorities and the local bodies of the Ministry of the Interior shall be obliged to inform and support the prefect in solving any matter of national or county interest, under the terms of the law;e) present to the Government, annually, a report on the status of implementation of the tasks that are incumbent on him in accordance with the governing programme, as well as in connection with the control exercised over the legality of the documents of the local public administration authorities.(2) The prefect carries out also other duties provided by the law and by the other statutory instruments, as well as the tasks assigned by the Government.Article 135
(1) As a result of exercising the control over the legality of the documents adopted or issued by the local or county public administration authorities, as well as by the president of the county council, the prefect may challenge at the administrative disputed claims court these documents within 30 days from communication, if they shall be considered as illegal, after implementing the procedure stipulated in art. 50 para (2), excepting those of current management. The action by which the prefect intimates the law court shall be exempted from stamp duty. The challenged document shall be suspended by right.(2) The prefect shall request the local and county local public administration authorities, within the term stipulated in art. 50 para (2), with the necessary motivation, to reanalyze the document that he considers as illegal, with a view to modifying it or, as the case may be, to canceling it.Article 136
The prefect may request the mayor or the county council's president, as the case may be, the convening of an extraordinary sitting in the cases stipulated in art. 40 para (2) and in art. 106 para (2).Article 137
(1) In the carrying out of the duties that are incumbent on him, the prefect issues orders of normative or individual characters, under the terms of the law.(2) The orders that establish measures of technical or specialty character shall be issued after the consultation of the decentralized services of the ministries and of the other central bodies in the territorial-administrative units and shall be countersigned by their managers.(3) The prefect may propose to the ministries and to the other central specialty public administration authorities, measures for the improvement of the activity of the decentralized public services, organized at county level.Article 138
(1) The prefects's order containing normative provisions shall become executory only after it was brought to the public knowledge, or from the date of communication, in the other cases.(2) The orders of normative character shall immediately be communicated to the Ministry of Public Administration.(3) The Ministry of Public Administration may propose to the Government, in exercising its hierarchical control, the cancellation of the orders issued by the prefect, if it considers them illegal or inopportune.Article 139
(1) The prefects shall be obliged to communicate the orders issued according to art. 137 para (2) to the interested ministries. The ministries may propose to the Government measures for canceling the orders issued by the prefect, if they consider them as illegal or inopportune.(2) The ministries and the other authorities of the central specialty public administration shall have the obligation to communicate to the prefects, immediately after the issuing, the orders and the other provisions of normative character sent to the decentralized public services.Article 140
(1) The sub-prefect carries out the duties assigned to him by normative documents, as well as the tasks delegated to him by the prefect, by order.(2) In the absence of the prefect, the sub-prefect carries out, in the name of the prefect, the duties that are incumbent on the latter.Article 141
(1) In order to carry out the duties that are incumbent on him, the prefect shall have an own specialty apparatus, the structure and the duties of which shall be established by Government decision, within 30 days from the date of the coming into force of the present law, on the proposal of the Ministry of Public Administration.(2) The prefect's own specialty apparatus shall have a secretary general, a civil servant of management.(3) The secretary general shall have higher education, juridical or administrative as a rule, and shall enjoy stability in office, under the terms of the law.(4) The appointment to and the dismissal from office of the secretary general shall be made by the Ministry of Public Administration, on the proposal of the prefect, under the terms of the law. The appointment shall be made on the basis of competition or of examination, organized by the Ministry of Public Administration, with the participation of the prefect or of the sub-prefect. The dismissal from office may also be made, according to law, at the initiative of the Ministry of Public Administration, on the basis of the conclusions of an administrative investigation.Article 142
(1) In the counties with a wide area, with localities situated at long distances from the county residence or in large urban agglomerations, the prefect may organize, with the approval of the Ministry of Public Administration, prefecture offices.(2) The prefecture offices shall be components of the prefect's own apparatus, under his direct subordination, and shall be managed by a director, the appointment and the dismissal of whom shall be made by the prefect. The prefecture offices shall be organized within the limit of the number of positions legally approved.Article 143
The prefect, sub-prefect, secretary general and the prefect's own specialty apparatus shall carry out their activity in the prefect's office.Article 144
The civil servants in the prefect's own specialty apparatus shall benefit from stability in office, under the terms of the law. Section 2 The county advisory commissionArticle 145
(1) An advisory commission shall be set up in each county and in Bucharest Municipality.(2) The advisory commission shall be made of: the prefect and the president of the county council; the sub-prefect and the vice-presidents of the county council; the secretary general of the prefect's office and the secretary general of the county; the mayor of the county residence municipality, respectively the mayor general, the deputy mayors and the secretary general of Bucharest Municipality; the mayors of the towns and communes in the county, respectively the mayors of Bucharest Municipality sectors; the heads of the decentralized public services of the ministeries and of the other decentralized bodies at the level of the county or of the Bucharest Municipalities; the heads of the compartments within the own specialty apparatus of the county council, respectively of The General Council of Bucharest Municipality; the managers of the autonomous r"gies of county interest, of the branches of the autonomes r"gies of national interest and of the national societies in the respective county or in Bucharest Municipality, as well as the heads of other organized structures in the county or in Bucharest Municipality.(3) Other persons whose presence is considered as necessary may also be invited to the proceedings of the advisory commission.Article 146
(1) The advisory commission shall be convened by the prefect and the county council's president, respectively by the mayor general of Bucharest Municipality, once every two months or whenever necessary.(2) The proceedings of the advisory commission shall be chaired, by turns, by the prefect and by the county council's president.(3) The secretariat of the advisory commission shall be ensured by two clerks in the prefect's own apparatus and by 2 clerks in the county council's own apparatus.Article 147
(1) The advisory commission shall debate and adopt, by consensus, the annual orientative programme of economic and social development of the county, respectively of Bucharest Municipality, on the basis of the Governing Programme accepted by the Parliament.(2) The orientative programme of the county's economic and social development, respectively of the Bucharest Municipality, shall be communicated to the decentralized public services of the ministries and of the other central bodies, to the county branches of the autonomous regies or of the national societies, to the autonomous regies of local interest and the trading companies and public services of local interest, that are interested as well as to the local and county public administration authorities.(3) In the meetings of the advisory commission, other activities, too, may be agreed upon, that are to be undertaken by the prefect and by the decentralized public services of the ministries and of other specialty authorities of the central public administration organized in the county, on the one hand, and the county council and the public services under its authority, on the other hand, for the purpose of harmonizing the measures provided for in the Governing Programme with the activities carried on by the local and county public administration authorieis, in keeping with the duties and responsibilities that are incumbent on them, according to law.Article 148
(1) For the debating and working out of operative solutions, as well as for the mutual information regarding the main activities that are to be carried on in the county territory, an advisory-operative committee shall be set up in each county, made of the prefect and the president of the county council, the sub-prefect and the vice-presidents of the county council, the secretary general of the prefect's office, the secretary general of the county and the mayor of the county municipality residence.(2) In Bucharest Municipality, the advisory-operative committee shall be made of the prefect and the mayor general of the capital, the sub-prefects and the deputy mayors of Bucharest Municipality, the secretary general of the prefect's office and the secretary general of the Bucharest Municipality, as well as the mayors of Bucharest Municipality sectors.(3) The advisory-operative committee shall meet weekly, on Mondays as a rule, and its sittings shall be chaired, by turns, by the prefect, by the county council's president and, respectively, by the mayor general of the Bucharest Municipality.(4) Within the advisory-operative committee, one may establish the initiation, with one acord, of some draft decisions of the Government or, according to the decision competencies specific to each institution and authority, the issuing of orders by the prefect, orders of the county council's president, or the initiation of decisions of the county council that should materialize the measures established with one accord. Section 3 Other provisionsArticle 149
The disputes between the decentralized public services of the ministries and of the other central bodies organized in the counties or in Bucharest Municipality and the local and county public administration authorities shall be mediated by the Government.Article 150
The ministries and the other central bodies shall be obliged to communicate also to the prefects and the presidents of the county councils, respectively to the mayor general of the Bucharest Municipality, the orders and the other measures and instructions that they transmit to the decentralized public services.Article 151
The fulfilment of the duties that are incumbent on the Government with regard to the local public administration, including the control over the way in which the mayors exercise the duties delegated by law, shall be carried out by the Ministry of Public Administration, which proposes to the Government the taking of the required measures.Article 152*)
Until the organization of the next local elections, the local councils and the county councils, respectively The General Council of Bucharest Municipality, shall function with the number of councillors established in accordance with the law for the local elections of the year 2000, and the councillors in office on the date of the coming into force of the present law, shall exercise their mandate until the next local elections.(2) Until the organization of the local general elections in the year 2004, the number of deputy mayors in Bucharest Municipality and the Bucharest Municipality sectors shall remain the one established following the year 2000 local elections, that is 4 in Bucharest Municipality, respectively 2 in each sector.------------- *) According to the Government Urgency Ordinance No. 74/2001, published in the Official Gazette of Romania, Part I, No. 271 of May 25, 2001, art. 152 has been completed with the paragraph (2).Chapter 9 Transitory and final provisionsArticle 153
(1) Until the constitution of the new local public administration authorities, following the new general elections for the local public administration authorities, the standing delegation shall be elected and function within the county councils.(2) The standing delegation of the county council shall carry out the following main duties - it shall:a) draw up the draft agenda of the county council's sitting;b) analyze the draft decisions that shall be submitted for debating and adopting to the county council and ensure their substantiation;c) prepare the carrying on in the best conditions, of the proceedings of the county council's sittings, ensuring the proper drawing up of all the documents submitted to debating;d) propose to the president the convening of the extraordinary sittings;e) submit for approval to the county council its functioning regulations;f) establish the necessary measures for the fulfilment of the county council's decisions and periodically analyze the status of their execution.(3) The standing delegation shall also carry out other duties established by law or by the county council's functioning regulations, drawn up and approved by observing the legal norms.(4) The mode of organization and functioning of the standing delegation shall be established by the county council's functioning regulations.(5) The secretary general of the county is also the secretary of the standing delegation.(6) The county council's sittings shall be chaired by the president or, in his absence, by one of the vice-presidents, designated by the president.(7) In the case in which, for solid reasons, both the president and the vice-presidents are absent, the county council's sitting shall be chaired by a councillor elected by the vote of the majority of the councillors present.Article 154
(1) The councillors, mayors, deputy mayors, the mayor general of the Bucharest Municipality, the presidents and vice-presidents of the county councils, the secretaries and the personnel in the own specialty apparatus of the local public administration authorities and, respectively, of the county councils, shall be responsible, as the case may be, administratively, civil or penal for the deeds committed in the exercising of their duties, under the terms of the law.(2) The provisions of para (1) shall also apply to the prefects, sub-prefects, secretaries general, as well as to the personnel in the own specialty apparatus of the prefect.Article 155
The Ilfov county shall have the residence in Bucharest Municipality.Article 156
Within 30 days from the coming into force of the present law, the deputy mayors shal opt either for the capacity of councillor or for the position of deputy mayor.Article 157
(1) The present law shall come into force 30 days from the date of its publication in the Official Gazette of Romania, Part I.(2) On the same day, the Law on local public administration No. 69/1991, republished in the Official Gazette of Romania, Part I, No. 79 of April 18, 1996, with the subsequent modifications as well as any other provisions to the contrary shall be abrogated. -----------
