LAW (R) 42 18/12/1990
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LAW No. 42 of December 18th, 1990 (*republished*)for honouring the martyr-heroes and granting certain rights to their inheritors, to the wounded, as well as to the fighters for the victory of the December 1989 Revolution*)ISSUED BY: The ParliamentPUBLISHED IN: The Official Gazette No. 198 of August 23rd, 1996_________ *) Law No. 42/1990 was published in The Official Gazette No. 147 of 19 December 1990, republished in The Official Gazette No. 146 of 13 July 1991, in The Official Gazette No. 204 of 21 August 1992, in The Official Gazette No. 198 of 23 August 1996, and was again modified by Government Ordinance No. 17/1995, published in The Official Gazette No. 186 of 17 August 1995 (approved and modified by Law No. 122/1995, published in The Official Gazette No. 293 of 19 December 1995), and by Law No. 30/1996, published in The Official Gazette No. 96 of 13 May 1996, and by Government Emergency Ordinance No. 184/1999, published in The Official Gazette No. 562 of 17 November 1999 (approved by Law No. 354/2001, published in The Official Gazette No. 380 of 12 July 2001). Republished on the grounds of art. II in Law No. 70/1996, published in Republished on the grounds of art. II in Law No. 70/1996, published in The Official Gazette No. 147 of 12 July 1996, the articles and paragraphs being given a new numbering._________ Note C.T.C.E.: For using in court, only the text in the Romanian language has legal foundation. (EXCEPT)Article 1
To honour and eternize the memory of those that sacrificed their life for the victory of the December 1989 Revolution, the title of Martyr-Hero of Romanian Revolution of December 1989 is instituted. The title of Martyr-Hero of the Romanian Revolution of December 1989 shall be granted post mortem: the attesting certificate and the sign of the title shall be handed over for safe keeping, to the family of the awarded or to parents, as the case may be.Article 2
As a sign of appreciation and gratitude for those wounded in the fights for the victory of the December 1989 Revolution, the title of Fighter for the Victory of the Romanian Revolution of December 1989 is instituted. The title of Fighter for the Victory of the Romanian Revolution of December 1989 shall also be conffered to those that were arrested during the period of December 16-22, 1989 as a result of participation in the actions for the victory of the revolution, as well as to those who, during the period of December 16-25, 1989, asserted themselves by special deeds in the fight for the victory of the revolution. The persons mentioned in paragraph 2 have to bring proof of the special deeds in the fight for the victory of the revolution and to be recommended by an association, a club, a foundation or a league of the fighters, legally constituted until the date of December 30, 1992. For the acknowledgement of the capacity stipulated in the present law, of issuing the proving certificates and of the proposals for the distinctions stipulated in arts. 1, 2, 3 and 4 in the present law, the Committee for honouring and supporting the heroes of the December 1989 Revolution is instituted. The composition of the committee, whose members are appointed by decision of the Government, is the following:– a representative of the Ministry of Labour and Social Protection;– a representative of the Ministry of Health;– a representative of the Ministry of Finance;– a representative of the Ministry of National Defence;– a representative of the Ministry of the Interior;– a representative of the Ministry of Justice;– a representative of the Public Ministry;– a representative of the Government General Secretariat;– a representative of the State Secretariat for the Matters of the December 1989 Revolutionaries;– 8 representatives of the associations of revolutionaries legally constituted until the date of December 30, 1992, by rotation, under the terms stipulated in the Regulation of organization and functioning of the committee. The president of the committee shall be appointed upon the proposal of the associations of revolutionaries legally constituted until the date of April 30, 1991, by the Government and shall be an employee of the Government. The State Secretariat for the Matters of the December 1989 Revolutionaries shall ensure the applying of the provisions of the present law and the carrying out of the secretarial work and archive of the committee. The Government State Secretariat shall ensure the space and the necessary funds for the carrying on of the committee work. The term for submitting the files for the acknowledgement of the capacity as fighter for the Romanian Revolution of December 1989 or of participant in the victory of the Romanian Revolution of December 1989 is of 90 days from the coming into force of the present law. The issuing of the proving certificates shall be made according to the methodology established by the Regulation of organization and functioning of the Committee for honouring and supporting the heroes of the December 1989 Revolution, approved by Government Decision*), within 30 days of the coming into force of the present law.__________ *) See Government Decision No. 566 of 15 July, 1996, published in The Official Gazette No. 167 of 29 July 1996.Article 3
The title of Participant in the Victory of the Romanian Revolution of December 1989 is instituted for those that participated in the actions carried on in the December 1989 Revolution, others than those stipulated in art. 2 (2). The persons stipulated in paragraph 1 have to bring proof of participation in the actions of the revolution and to be recommended by an association or a league of the fighters in the revolution, legally constituted until the date of December 30, 1992. The title of Participant in the Romanian Revolution of December 1989 is honorary. The beneficiaries of this title shall receive a distinct certificate, under the terms of art. 5 in the present law.Article 4
As a sign of appraisal of the participants in the actions for the victory of the revolution, the medal Romanian Revolution of December 1989 is instituted, under the terms of the present law.Article 5
The titles stipulated in arts. 1, 2, and 3, as well as the medals stipulated for each title, shall be conferred by the President of Romania, upon the proposal of the committee stipulated in art. 2 (4); the competence of the committee, as well as the criteria of granting the titles are stipulated in annexes Nos. 1 and 2, which are an integral part of the present law. The titles that were not granted under the terms of paragraph 1 whose beneficiary did not have special merits are null and void. *) "In case the committee stipulated in art. 2 (4) does not finalize the work for which it was instituted, the Government, through the State Secretariat for the Matters of the December 1989 Revolutionaries, is authorized to make proposals to the President of Romania for the issuing of the titles stipulated in arts. 1, 2 and 3, by using the lists forwarded to the Government by the revolutionary organizations legally constituted until the date of December 31, 1992._________ * Art. 5 was modified by Government Emergency Ordinance No. 184/1999. The lists containing the proposals shall be published in the Official Gazette of Romania, through the offices of the State Sercretariat for the Matters of the December 1989 Revolutionaries, the possible complaints to be presented to the parliamentary committee stipulated in art. 7, within 30 days of the publication. The complaints shall be solved within 10 days of their receipt, and the decisions shall be communicated in writing to the Presidency of Romania and to the complainants." The nullity of titles can be acknowledged ex officio or at the request of any interested person, by the Committee for honouring and supporting the heroes of the December 1989 Revolution, as stipulated in the present law, by decision of acknowledging the nullity. The decisions of acknowledging the nullity of the certificates can be contested, within 30 days, at the parliamentary special committee stipulated in art. 7. The verifying of the files of the ones that obtained the titles stipulated in paragraph (1) shall be done ex officio or at the request of any interested person, within one year of the coming into force of the present law, by the Committee for honouring and supporting the heroes of the December 1989 Revolution. *) ART. 6 The description, the mode of granting and of wearing the insignia shall be established through the regulation approved by decision of the Parliament of Romania. The description of the contents of the certificates issued by the Committee for honouring and supporting the heroes of the December 1989 Revolution shall be established through the regulation approved by decision of the Government. The certificates shall be issued by the Committee for honouring and supporting the heroes of the December 1989 Revolution to the persons stipulated in arts. 1 and 2 and only on the basis of the proving documents stipulated in art. 2. In the certificate there shall be inscribed expressly the rights the holder benefits from; the certificates shall be signed by the president and the secretary of the Committee for honouring and supporting the heroes of the December 1989 Revolution. The changing of the existing certificates shall be made after the verifying of the files, within 60 days. By the same regulation a distinctive sign of homage shall be instituted for the parents of the martyr-heroes, with the right to wear it. The certificate shall attest the conferring of the distinctions stipulated in the present law.__________ * See Decision of the Parliament of Romania No. 24/1991 published in The Official Gazette No. 210 of 15 October 1991.Article 7
By decision of the Parliament of Romania, the parliamentary Committee for the control of applying the present law shall be instituted. The Committee shall be made of 5 senators and 6 deputies, according to the political configuration of the Parliament of Romania. ---------------------------------------------------------------------------------------- ANNEX 1 COMPETENCE of the Committee for honouring and supporting the heroes of the December 1989 Revolution The Committee for honouring and supporting the heroes of the December 1989 Revolution finds ex officio or at the request of those interested, the capacity as martyr-hero, of fighter for the victory of the December 1989 Revolution, of deceased or of wounded in connection with the revolutionary events of December 1989, as well as that stipulated in art. 4, shall issue proving certificates to those legally entitled and shall propose the granting of the distinctions stipulated in arts. 1, 2, 3 and 4 in the present law. The competence of the Committee for honouring and supporting the heroes of December 1989 Revolution is that stipulated in the present law and in the Regulation of organizing and functioning of the committee, approved by decision of the Government. The documents neccessary for establishing the capacity for issuing certificates, shall be constituted as archives of the Committee for honouring and supporting the heroes of December 1989 Revolution. The capacity as martyr-hero or of wounded stipulated in the previous paragraph shall be acknowledged to those who died or were wounded between December 16, 1989 - January 10, 1990, including those who, being wounded during that interval, subsequently died from the wounds suffered. Are considered wounded those who, during that interval, suffered body damages that needed medical care for healing or caused one of the following consequences: the loss of one sense or organ, the ceasing of the functioning thereof, a permanent physical or mental infirmity, disfigurement, abortion or putting in danger of a person's life. Within the meaning of the present law, are considered arrested those that, following the participation in the fights for the victory of the revolution, were transported and kept at the headquarters of one of the former organs of the former Ministry of the Interior, with or without the fulfilment of the formalities stipulated by law. In order to carry out these duties, the committee is authorized to seek information from any state organ, as well as from the natural and legal persons. ANNEX 2 FRAME regarding the distribution of the applicants according to the provisions of arts. 1, 2 and 3 of the present law The title of Martyr-Hero of the Romanian Revolution of December 1989 shall be conferred to those that lost their lives for the feedom of the Romanian people between December 16, 1989 - January 10, 1990, as well as to those that died as a result of the severe wounds suffered during the same period. The title of Fighter for the Victory of the Romanian Revolution of December 1989 shall be granted to:– the wounded with or without a degree of disablement, if they actively participated in the victory of the Romanian Revolution of December 1989;– those arrested between December 16 - 21, 1989, if it is found that they were kept in the street demonstrations in connection with the revolutionary activities and not for certain penal deeds, of common law;– persons that actually participated in the revolutionary activities between December 16-25, 1989 and distinguished themselves by outstanding deeds. The proof of the activity of the fighters and of their merits shall be attested by the following compulsory documents:– official reports concluded by the constituted organizations;– receipt or other documents;– statements of the persons participating in the December 1989 Revolution, acknowledged by the fighters, but also corroborated with other conclusive proofs. The title of Participant in the Victory of the Romanian Revolution of December 1989 shall be conferred to those persons who, by their direct or indirect contribution, have led to the victory of the December 1989 Revolution.
