LEGE no. 215 215 of 23 April 2001 (** republished) (* updated *) local public administration ((updated until 30 June 2016 *)
ISSUER
PARLIAMENT
---------- Note ... ---------- ** **) Republicated pursuant to art. III of Law no. 286 286 of 29 June 2006 to amend and supplement Local public administration law no. 215/2001 , published in the Official Gazette of Romania, Part I, no. 621 of 18 July 2006, and rectified in the Official Gazette of Romania, Part I, no. 776 of 13 September 2006, giving the texts a new numbering. Local Public Administration Law no. 215/2001 was published in the Official Gazette of Romania, Part I, no. 204 of 23 April 2001 and subsequently amended and supplemented by: - Government Emergency Ordinance no. 74/2001 for completion art. 152 of the Local Public Administration Law no. 215/2001 , published in the Official Gazette of Romania, Part I, no. 271 of 25 May 2001, approved with amendments and completions by Law no. 738/2001 , published in the Official Gazette of Romania, Part I, no. 802 802 of 14 December 2001; - Law no. 216/2002 for amendment of para. ((1) art. 103 of the Local Public Administration Law no. 215/2001 , published in the Official Gazette of Romania, Part I, no. 288 288 of 29 April 2002; - Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, public functions and in the business environment, prevention and sanctioning of corruption, published in the Official Gazette of Romania, Part I, no. 279 279 of 21 April 2003; - Law no. 141/2004 to amend and supplement Local public administration law no. 215/2001 , published in the Official Gazette of Romania, Part I, no. 396 of 4 May 2004, rectified in the Official Gazette of Romania, Part I, no. 410 410 of 7 May 2004; - Law no. 340/2004 on the prefect's institution, published in the Official Gazette of Romania, Part I, no. 658 658 of 21 July 2004; - Law no. 393/2004 on the Statute of local elected officials, published in the Official Gazette of Romania, Part I, no. 912 912 of 7 October 2004. ---------- + Chapter I General provisions + Section 1 General regime of local autonomy + Article 1 (1) This law regulates the general regime of local autonomy and the organization and functioning of the local public administration. ... (2) For the purposes of this law, the following terms and expressions have the following meanings: ... a) social-community activities-the actions through which the relationship of local public administration authorities with the owners ' associations within the administrative-territorial unit is materialized; ... b) urban agglomerations-intercommunity development associations constituted on the basis of partnership between the municipalities, other than those provided in lett. j), and cities, together with the urban and rural localities located in the area of influence; ... c) intercommunity development associations-cooperation structures with legal personality, private law, established, under the law, by administrative-territorial units for the joint realization of development projects of interest regional or regional or the joint provision of public services; ... d) deliberative authorities-the local council, the county council, the General Council of Bucharest, the local councils of the administrative-territorial subdivisions of the municipalities; ... e) executive authorities-mayors of communes, cities, municipalities, administrative-territorial subdivisions of the municipalities, the general mayor of Bucharest and the president of the county council; ... f) local councils-communal, city, municipal councils and councils of administrative-territorial subdivisions of the municipalities; ... g) public services and public utility bodies of local or county interest-the generic name that includes: ... 1. public institutions and public services established and organized by decisions of the deliberative authorities, hereinafter referred to as institutions and public services of local or county interest; 2. commercial companies and autonomous kings established or reorganized by decisions of the deliberative authorities, hereinafter referred to as commercial companies and autonomous kings of local or county interest; 3. intercommunity development associations; 4. providers of social services, public or private law, which provide social services under the conditions provided by law; 5. associations, foundations and federations recognized as being of public utility, under the law; 6. community service operators of local or county public utilities; h) administrative-territorial subdivisions of the municipalities-sectors of Bucharest municipality or other subdivisions of the municipalities, whose delimitation and organization are made by law; ... i) administrative-territorial units-communes, cities and counties; under the law, some cities can be declared municipalities; ... j) metropolitan area-intercommunity development association constituted on the basis of partnership between the capital of Romania or the Tier I municipalities or the county seat municipalities and the administrative-territorial units located in the immediate area. ... --------- Letter j) a par. ((2) of art. 1 1 has been amended by art. I of LAW no. 264 264 of 7 December 2011 , published in MONITORUL OFFICIAL no. 877 877 of 12 December 2011. + Article 2 (1) Public administration in administrative-territorial units shall be organized and operated under the principles of decentralization, local autonomy, devolution of public services, eligibility of local public administration authorities, legality and consultation of citizens in solving local issues of particular interest. ... (2) Application of the principles provided in par. (1) may not affect the national, unitary and indivisible state of Romania. ... + Article 3 (1) Local autonomy means the right and effective capacity of local public administration authorities to settle and manage, on behalf of and in the interest of the local authorities they represent, public affairs, under the conditions Law. ... (2) This right shall be exercised by local and primary councils, as well as by county councils, local public administration authorities elected by universal, equal, direct, secret and freely expressed suffrage. ... ---------- Alin. ((2) of art. 3 3 has been amended by section 1 1 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. ((3) Provisions of para. ((2) are without prejudice to the possibility of resorting to the consultation of the inhabitants by referendum or by any other form of direct participation of citizens in public affairs, under the law. ... (4) Local collectivity means the totality of the inhabitants of the administrative-territorial unit. ... + Article 4 (1) The local autonomy is only administrative and financial, being exercised on the basis and within the limits provided by law. ... (2) The local autonomy concerns the organization, operation, competences and powers, as well as the management of resources that, according to the law, belong to the commune, the city, the municipality or the county ... + Article 5 (1) Local public administration authorities shall exercise, under the law, exclusive competences, shared competences and delegated powers. ... (2) The local autonomy gives local public administration authorities the right to have initiatives within the limits of the law, with the exception of those that are expressly given in the competence of other public authorities. ... + Article 6 (1) The reports between the local public administration authorities in the communes, cities and municipalities and the public administration authorities at the county level are based on the principles of autonomy, legality, responsibility, cooperation and solidarity in solving the whole county's problems ... (2) In relations between the local public administration authorities and the county council, on the one hand, as well as between the local and primary council, on the other hand, there are no reports of subordination. ... + Article 7 Decentralisation of competences to local public administration authorities shall be done in compliance with the principles and rules laid down by the Decentralised Framework Law. *) Note ... ---------- * *) Framework law of decentralisation no. 195/2006 , published in the Official Gazette of Romania, Part I, no. 453 453 of 25 May 2006. ---------- + Article 8 (1) The central public administration authorities shall consult, before the adoption of any decision, the associative structures of the local public administration authorities, in all matters concerning them directly, according to the law. ... (2) The associative structures of the local public administration authorities are: ... a) Association of Commons in Romania; ... b) Association of Cities in Romania; ... c) Association of Romanian Municipalities; ... d) National Union of County Councils in Romania; ... e) other associative forms of general interest, established according to the law. ... + Article 9 (1) Within the framework of national economic policy, municipalities, cities, municipalities and counties shall be entitled to their own financial resources, which the local public administration authorities shall establish, administer and use for the fulfilment of the their powers and duties, under the law. ... (2) The financial resources available to the local public administration authorities must be correlated with the powers and powers provided by law. ... + Article 10 Local public administration authorities shall administer or, where appropriate, have financial resources, as well as public or private property of communes, towns, municipalities and counties, in accordance with the principle of autonomy local. + Article 11 (1) Two or more administrative-territorial units shall be entitled, within the limits of the powers of their deliberative and executive authorities, to cooperate and associate, under the law, forming associations of inter-community development, with legal personality, private law and public utility. Intercommunity development associations are of public utility, by the effect of this law, by way of derogation from the provisions Government Ordinance no. 26/2000 on associations and foundations, approved with amendments and additions by Law no. 246/2005 . ... (2) The associations of inter-community development shall be constituted under the law, in order to jointly carry out development projects of regional or regional interest or the joint provision of public services. Metropolitan areas and urban agglomerations constituted with the express agreement of the local councils of the component administrative-territorial units are aimed at developing infrastructures and development objectives of common interest. The deliberative and executive authorities at the level of each component administrative-territorial unit retain their local autonomy, under the law. ... (3) The administrative-territorial units shall be entitled, within the limits of the powers of their deliberative and executive authorities, to cooperate and to associate with administrative-territorial units abroad, under the law, by decisions of the local councils or county councils, as appropriate. ... (4) For the protection and promotion of their common interests, administrative-territorial units have the right to join national and international associations, under the law. ... + Article 12 (1) The intercommunity development associations shall be financed by contributions from the local budgets of the administrative-territorial units, as well as from other sources, under the law. ... (2) The Government shall support the association of administrative-territorial units through national development programmes. These programs are financed annually through the state budget and are provided distinctly within the budget of the Ministry of Interior and Administrative Reform *), under the law on local public finances. ... (3) The county councils may initiate and conduct county development programs, financed from the local budget of the county and provided distinctly within it. ... + Article 13 (1) The intercommunity development associations are headed by a board of directors composed of representatives of the component administrative-territorial units, appointed by the local council or the county council, at the proposal of the mayor, respectively the president of the county council, as well as the proposal of local or county councillors, as the case may be ... (2) The Board of Directors shall be headed by a President elected by the majority vote of its members ... (3) In order to achieve its own objectives, the Management Board may establish a technical apparatus, financed from the resources of the intercommunity development association. ... ((4) The organization and functioning of the administrative board and the technical apparatus shall be established by the act of establishment and the status of the intercommunity development association, approved by the decisions of the local and county councils associated. ... + Article 14 Administrative-territorial units may enter into each other agreements and may participate, including by allocation of funds, at the initiation and at the realization of regional or regional development programmes, based on the decisions adopted by the local councils or county, as appropriate, under the law. + Article 15 (1) The administrative-territorial units bordering the border areas may conclude between them cross-border cooperation agreements with similar structures in the neighboring states, under the law. ... (2) The administrative-territorial units, through mayors, respectively the presidents of the county councils, transmit to the Ministry of Foreign Affairs, for compliant approval, the draft cooperation agreements that they intend to conclude with administrative-territorial units in other countries, before their submission for adoption by the local or county councils, as the case may be. ... (3) Through cross-border cooperation agreements, bodies that have, according to national law, legal personality can be created on the territory of Romania. These bodies do not have, for the purposes of this law, administrative-territorial powers. ... (4) The administrative-territorial units that have concluded cross-border cooperation agreements have the right to participate in other states in the bodies created by those agreements, within the limits of their respective competences, according to the law. ... (5) The local public administration authorities in Romania may conclude twinning/cooperation agreements with the local public administration authorities of the Republic of Moldova for the realization and financing of investment objectives of the units Administrative-territorial of the Republic of Moldova, joint cultural, sports, youth and educational programs, traineeships and other actions that contribute to the development of friendly relations. ... --------- Alin. ((5) of art. 15 15 was introduced by art. 21 of EMERGENCY ORDINANCE no. 18 18 of 16 April 2014 , published in MONITORUL OFFICIAL no. 305 305 of 24 April 2014. + Article 16 (1) The initiative of the administrative-territorial units to cooperate and to associate with administrative-territorial units from abroad, as well as to join an international association of administrative-territorial units will be communicated Ministry of Foreign Affairs and Ministry of Interior and Administrative Reform *). ... (2) The projects of cooperation agreements that the administrative-territorial units intend to conclude with administrative-territorial units from other countries will be transmitted for approval to the Ministry of Foreign Affairs, through mayors, respectively the chairmen of county councils, before their submission for adoption by local councils or county councils, as the case may be. ... (3) The opinions provided in par. ((2) must be issued within 30 days of receipt of the request. Otherwise it will be considered that there are no objections and the respective project may be submitted for approval to the local or county council interested. ... (4) The responsibility for the cooperation agreements concluded by the administrative-territorial units lies exclusively with them. ... + Article 17 Local councils and county councils may decide on capital or property participation, on behalf of and in the interest of the local authorities they represent, in the establishment, operation and development of service-providing bodies. public and public utility of local or county interest, under the law. + Article 18 Administrative control and financial control of the activity of local public administration authorities shall be exercised within the limits and under the conditions provided by law + Article 19 In administrative-territorial units where citizens belonging to national minorities have a share of over 20% of the inhabitants, local public administration authorities, public institutions subordinated to them, as well as The devolved public services ensure the use, in their relations, and of the mother tongue, in accordance with the provisions of the Constitution, of the present law and of the international treaties to which Romania is a party. + Article 20 (1) The communes, cities, municipalities and counties are administrative-territorial units in which the local autonomy is exercised and in which the local public administration authorities are organized and operated. ... (2) Comes may consist of one or more villages. ... (3) Some cities may be declared to municipalities under the law. ... (4) In the municipalities, administrative-territorial subdivisions may be created, the delimitation and organization of which shall be made according to the law. ... (5) The local public administration authorities may also be constituted in the administrative-territorial subdivisions of the municipalities. These authorities shall exercise the powers provided for in 81 and, respectively, art. 83 83, which shall apply accordingly. ... + Article 21 (1) The administrative-territorial units are legal persons of public law, with full legal capacity and own patrimony. These are legal topics of tax law, titulation of the tax registration code and open accounts at territorial treasury units, as well as bank units. Administrative-territorial units are titleholders of rights and obligations arising from contracts for the administration of goods belonging to the public and private domain in which they are a party, as well as from relations with other persons physical or legal, under the law. ... (2) In justice, administrative-territorial units are represented, as the case may be, by the mayor or the president of the county council ... (2 ^ 1) In order to defend the interests of the administrative-territorial units, the mayor, respectively the president of the county council, is on trial as a legal representative and not --------- Alin. (2 ^ 1) of art. 21 21 was introduced by art. unique from LAW no. 74 74 of 17 May 2012 , published in MONITORUL OFFICIAL no. 346 346 of 22 May 2012. (3) The mayor, respectively the president of the county council, can empower a person with long-standing legal higher education within the specialized apparatus of the mayor, respectively of the county council, or a lawyer to represent the interests of the administrative-territorial unit, as well as of the respective local public administration authorities. ... (4) The administrative-territorial unit has the right to benefit from the coverage of the costs established on the basis of the judgment of the court, including in the event that the representation in the judiciary is provided by a legal adviser from the specialized apparatus of the mayor, respectively of the county council. ... (5) The compensation received by the administrative-territorial units following the decisions rendered by the courts shall be constituted in revenues to the local budgets. The compensation that the administrative-territorial unit must pay following the decisions handed down by the court of law and remaining final shall be ensured from the local budget. ... + Article 22 The territorial delimitation of communes, cities, municipalities and counties is established by law. Any modification of their territorial limits can be carried out only by law and only after the prior consultation of citizens of the respective administrative-territorial units by referendum, which is organized according to the law. + Section 2 Local public administration authorities + Article 23 (1) The authorities of the public administration through which local autonomy is carried out in communes, cities and municipalities are local, communal, city and municipal councils, as deliberative authorities, and mayors, as executive authorities. Local councils and mayors are elected under the conditions provided by the law for the election of local public administration authorities ... (2) Local councils and mayors function as local public administration authorities and solve public affairs in communes, cities and municipalities, under the law. ... + Article 24 In each county there is a county council, as the authority of the local public administration, for the coordination of the activity of the communal, city and municipal councils, in order to carry out public services of county interest. The county council is elected under the law for the election of local public administration authorities. + Article 25 Local elected officials are the mayor, local councillors, county council president and county councillors. In ensuring the free exercise of their mandate, they perform a function of public authority, benefiting from the provisions of the criminal law on persons who perform a function involving the exercise of state authority. -------------- Article 25 has been amended by section 6.6. 2 2 of art. 78 78 of Title III of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. + Article 26 (1) The mandate of the mayor, local councillor, respectively of the president of the county council and the county councillor is 4 years. The mandate is exercised under the law. ... (2) The local council or the county council, the mayor, as well as the president of the county council elected during a mandate, following the dissolution of the local or county council, respectively the vacancy of the post of mayor or chairman of the council county, concludes the mandate of the previous local public administration authority. ... (3) The local council or the county council, as well as the mayor or the president of the county council, elected following the organization of new administrative-territorial units or following the dissolution of some councils, respectively the vacancy of some mayoral posts or chairpersons of the county councils, shall exercise their mandate only until the following general local elections are held. ... -------------- Article 26 has been amended by section 6.6. 3 3 of art. 78 78 of Title III of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. + Article 27 In order to ensure local autonomy, local public administration authorities have the right to establish and charge local taxes and fees, to develop and approve the local budgets of communes, cities, municipalities and counties, under the conditions Law. + Chapter II Local councils + Section 1 Establishment of the + Article 28 Local councils are composed of local councillors elected by universal, equal, direct, secret and freely expressed vote, under the conditions established by the law for the election of local public administration authorities. + Article 29 (1) The number of members of each local council shall be established by order of the prefect, according to the number of inhabitants of the commune, city or municipality, according to the population after home reported by the National Institute of Statistics on 1 January of the current year, as follows: ... ┌ ---------------------------------- [...] | Number of inhabitants | Number | | or the city of councillors | | ├ ---------------------------------- 留言 | 加入好友 | to 1,500 | 9 | ├ ---------------------------------- 留言 | 加入好友 | between 1,501 and 3,000 | 11 | ├ ---------------------------------- 留言 | 加入好友 | between 3,001 and 5,000 | 13 | ├ ---------------------------------- 留言 | 加入好友 | between 5,001 and 10,000 | 15 | ├ ---------------------------------- 留言 | 加入好友 | between 10,001 and 20,000 | 17 | ├ ---------------------------------- 留言 | 加入好友 | between 20,001 and 50,000 | 19 | ├ ---------------------------------- 留言 | 加入好友 | between 50.001 and 100,000 | 21 | ├ ---------------------------------- 留言 | 加入好友 | between 100.001 and 200,000 | 23 | ├ ---------------------------------- 留言 | 加入好友 | between 200,001 and 400,000 | 27 | ├ ---------------------------------- 留言 | 加入好友 | over 400,000 | 31 | └ ---------------------------------- [...] ---------- Alin. ((1) of art. 29 29 has been amended by section 2 2 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. (2) The General Council of Bucharest is composed of 55 local councillors. ... ------------ Alin. ((2) of art. 29 29 has been amended by section 1 1 of art. III of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (3) The number of members of the local councils of the sectors of Bucharest is determined according to the number of the inhabitants of the respective sectors ((1). ... + Article 30 (1) The establishment of local councils shall be made within 20 days from the date of the elections, after the fulfilment of the provisions art. 38 38 para. ((1) and (1 ^ 1) of Law no. 334/2006 ... on the financing of political parties and electoral campaigns, with subsequent amendments and completions. The convocation of the declared councillors elected for the establishment meeting shall be made by the prefect. The prefect or his representative, as well as the mayor, may attend the establishment meeting, even if the procedure for validation of his mandate has not been completed. ----------- Alin. ((1) of art. 30 30 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 66 66 of 28 May 2008 , published in MONITORUL OFFICIAL no. 409 409 of 30 May 2008. (2) The sitting is legally constituted if at least two thirds of the number of elected councillors participate. If this majority cannot be ensured, the meeting will be held, under the same conditions, in 3 days, at the convocation of the prefect. If even at the second convocation the meeting is not legally constituted, a new convocation will be carried out by the prefect, over another 3 days, under the same conditions. ... (3) If the local council cannot meet even at this last convocation, due to the absence, without thorough reasons, of the councillors, the prefect will declare holidays, by order, the places of elected councillors who have been unmotivated since the 3 previous convocations, if they cannot be replaced by the alternates registered on the lists of respective candidates, holding elections for completion, within 30 days, under the Law on the election of the administration authorities local public. ... (4) The order of the prefect declaring himself vacant the places of councillors who have been unmotivated can be attacked by those concerned at the administrative court, within 5 days of communication. The court's ruling is final and irrevocable. ... (5) The absence of advisers from the establishment meeting is considered motivated if proof is made that it intervened due to a disease that required hospitalization or made it impossible to present them, of a trip abroad in the service interest or force majeure events. ... ------------ Article 30 has been amended by section 6.6. 2 2 of art. III of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 31 (1) The works of the establishment meeting are led by the oldest councillor, assisted by 2 councillors among the youngest. ... (2) For the validation of mandates, local councils shall choose by open vote, among their members, for the entire term of office, a validation commission made up of 3-5 councillors. ... (3) The validation commission shall examine the legality of the election of each councillor and propose to the local council the validation or invalidation of ... (4) The validation commission will propose the invalidation of the election of an adviser only if the violation of the eligibility conditions is found or if the choice of the adviser was made by electoral fraud, found under the conditions of the Law on the choice of local government authorities. ... (5) The validation or invalidation of mandates shall be made, in alphabetical order, with the open vote of the majority of the councillors present at the meeting. The person whose mandate is subject to validation or invalidation shall not participate in the vote. ... ------------ Article 31 has been amended by section 6.6. 3 3 of art. III of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 31 ^ 1 (1) The decision to validate or invalidate the mandates may be appealed by those interested to the administrative court within 5 days of adoption or, in the case of those absent from the meeting, from the communication. ... (2) The administrative court shall rule no later than 30 days. In this case, the prior procedure is no longer carried out and the decision of the first court is final and irrevocable. ... ------------ Art. 31 ^ 1 was introduced by item 1. 4 4 of art. III of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 32 (1) Local councillors whose mandates have been validated submit to the local council the following oath in Romanian: " I swear to respect the Constitution and the laws of the country and to do, in good faith, everything that lies in my powers and skill for the good of the inhabitants (city, municipality, county) ... So help me God! " ... (2) Local councillors who refuse to be sworn in shall be deemed to be resigned by law. ... (3) The oath may also be filed without the religious formula. ... + Article 33 If the declared elected local councillor gives up the mandate before validation or refuses to be sworn in, the mandate of the first alternate entered on the list of the political party, political alliance or electoral alliance shall be subject to validation. respective, if until the validation of the mandate the parties and political alliances confirm in writing party membership. If the remaining vacant places cannot be completed with alternates, according to the law, and the number of local councillors is reduced by half plus one, partial elections will be held for completion, within 90 days. + Article 34 (1) After validation, at the establishment meeting of the local council, the local councillors shall take the oath provided for in art. 32. ... (2) The local council shall declare itself legally constituted, if the majority of the validated local councillors have been sworn in. The establishment of the local council is found by decision, adopted with the vote of the majority of the validated ... + Article 35 (1) After declaring as legally constituted, the local council shall choose from among its members, by decision adopted with the open vote of the majority of local councillors in office, a sitting president, for a period of no more than 3 months, which will lead meetings of the Council and will sign the decisions taken by him. ... (2) Local councillor elected under the conditions of par. (1) may be changed from office, at the initiative of at least one third of the number of local councillors, by the vote of the majority of local councillors in office. ... + Section 2 Local council tasks + Article 36 (1) The local council has the initiative and decides, under the law, in all matters of local interest, except those that are given by law in the competence of other local or central public administration authorities. ... (. The local council shall exercise the following categories of tasks: ... a) attributions regarding the organization and functioning of the specialized apparatus of the mayor, of public institutions and services of local interest and of commercial companies and autonomous regions of local interest; ... b) attributions regarding the economic-social and environmental development of the commune, city or municipality; ... c) powers regarding the administration of public and private domain of the commune, city or municipality; ... d) powers to manage services provided to citizens; ... e) tasks related to interinstitutional cooperation internally and externally. ... (3) In the exercise of the duties provided in par ((2) lit. a), the local council: ... a) approves the status of the commune, the city or municipality, as well as the regulation of organization and functioning of the ... b) approves, under the law, at the proposal of the mayor, the establishment, organization and state of functions of the specialized apparatus of the mayor, of public institutions and services of local interest, as well as the reorganization and the state of functions of autonomous regions of local interest; ... c) exercise, on behalf of the administrative-territorial unit, all rights and obligations corresponding to holdings held in companies or autonomous kings, under the law. ... (4) In the exercise of the duties provided in par ((2) lit. b), the local council: ... a) approve, at the proposal of the mayor, the local budget, the credit transfers, the use of the budget reserve and the closing account of the budget year; ... b) approve, at the proposal of the mayor, the contracting and/or guarantee of loans, as well as the contracting of local public debt through securities issues, on behalf of the administrative-territorial unit, under the law; ... c) establishes and approves local taxes and fees, under the law; ... d) approve, at the proposal of the mayor, the technical-economic documentation for investment works of local interest, under the law; ... e) approve the strategies on economic, social and environmental development of the administrative-territorial unit; ... f) ensures the implementation of the works and takes the necessary measures to implement and comply with the commitments made in the European integration process in the field of environmental protection and water management for services provided to citizens. ... (5) In the exercise of the duties provided in par ((2) lit. c), the local council: ... a) decide on the administration, concession or rental of public property of the commune, city or municipality, as the case may be, as well as of public services of local interest, under the law; ... b) decides the sale, concession or rental of privately owned property of the commune, city or municipality, as the case may be, under the law; ... c) endorses or approves, under the law, the documentation of spatial planning and urbanism of the localities; ... d) assign or change, under the law, names of streets, markets and objectives of local public interest. ... (6) In the exercise of the duties provided in par ((2) lit. d), the local council: ... a) ensure, according to its competences and under the law, the necessary framework for the provision of public services of local interest regarding: ... 1. education; 2. social services for the protection of the child, persons with disabilities, elderly persons, family and other persons or groups in social need; 3. health; 4. culture; 5. youth; 6. sport; 7. public order; 8. emergency situations; 9. environmental protection and restoration; 10. conservation, restoration and enhancement of historical and architectural monuments, parks, public gardens and nature reserves; 11. urban development; 12. records of persons; 13. bridges and public roads; 14. community services of public utility: water supply, natural gas, sewerage, sanitation, thermal energy, public lighting and local public transport, as the case may be; 15. emergency services of the lifeguard, lifeguard and first aid type; 16. the activities of social-community administration; 17. social housing and other housing units owned by the administrative-territorial unit or in its administration; 18. the enhancement, in the interest of the local community, of the natural resources within the administrative-territorial unit; 19. other public services established by law; b) decides to grant bonuses and other facilities, according to the law, to health and teaching personnel; ... c) supports, under the law, the activity of religious cults; ... d) may request information and reports from the mayor, deputy mayor and heads of public service and public utility bodies of local interest; ... e) approve the construction of social housing, the criteria for the distribution of social housing and housing utilities owned or in its administration; ... f) may request specific briefings and reports from the mayor and heads of public service and public utility bodies of local interest. ... (7) In the exercise of the duties provided in par ((2) lit. e), the local council: ... a) decides, under the law, cooperation or association with Romanian or foreign legal entities, in order to finance and jointly carry out actions, works, services or projects of local public interest; ... b) decides, under the law, to defeat the commune, city or municipality with administrative-territorial units in other countries; ... c) decides, under the law, cooperation or association with other administrative-territorial units in the country or abroad, as well as the accession to national and international associations of local public administration authorities, in order to promoting common interests. ... (8) The local council may confer on Romanian or foreign individuals with special merits the title of honorary citizen of the commune, city or municipality, on the basis of a regulation of their own. This Regulation also establishes the conditions for the withdrawal of the title conferred. ... (9) The local council shall perform any other duties established by law. ... + Article 37 Persons empowered to represent the interests of the administrative-territorial unit in companies, autonomous kings of local interest, inter-community development associations and other cooperation or partnership bodies shall be designated by Decision of the local council, under the law, respecting the political configuration of the last local elections. + Section 3 Local council operation + Article 38 (1) The local council shall be elected for a term of 4 years, which may be extended, by organic law, in the event of war or catastrophe. ... (2) The local council shall exercise its mandate from the date of establishment until the date of declaration as legally constituted of the newly-elected council. ... + Article 39 (1) The local council meets in ordinary meetings, monthly, at the convocation of the mayor. ... (2) The local council may also meet in extraordinary meetings, at the request of the mayor or at least one third of the number of members of the council. ... (3) The convocation of the local council shall be made in writing, through the secretary of the administrative-territorial unit, at least 5 days before the ordinary meetings or at least 3 days before the extraordinary meetings. With the notification of the convocation, the materials listed on the agenda are made available to local councillors. ... (4) In case of force majeure and of maximum urgency for solving the interests of the inhabitants of the commune, city or municipality or in other situations established by the regulation of organization and functioning of the local council, the convening of the He can do it. ... (5) In the invitation to the meeting, the date, time, place and agenda of the meeting shall be stated. ... (6) The agenda of the meeting of the local council is brought to the attention of the inhabitants of the commune or of the city through the media or through any other means of advertising. ... (7) In the communes or cities where citizens belonging to a national minority have a share of more than 20% of the inhabitants of the agenda, the citizens belonging to the respective minority shall also be informed in the mother tongue. ... (8) In all cases the convocation shall be recorded in the minutes of the meeting. ... + Article 40 (1) The meetings of the local council shall be carried out legally in the presence of the majority of local councillors ... (2) The presence of local councillors at the meeting is mandatory. The cases in which the absence is motivated shall be determined by the rules governing the organization and functioning of the The local councillor who is absent unmotivated twice consecutively is sanctioned, under the conditions of the regulation of organization and functioning of the local council. ... + Article 41 The meetings of the local council are led by a sitting president, elected under the conditions provided in art. 35. + Article 42 (1) The meetings of the local council are public. ... (2) The works of the meetings are carried out in Romanian. ... In local councils where local councillors belonging to a national minority represent at least one fifth of the total number, the mother tongue can also be used at council meetings. In these cases it will be ensured, through the mayor's care, the translation into Romanian. In all cases, the documents of the council meetings shall be drawn up in Romanian. (3) The debates in the meetings of the local council, as well as the way in which each local councillor has exercised his vote shall be recorded in a minutes, signed by the sitting president and the secretary of the administrative-territorial unit. ... (4) The sitting president, together with the secretary of the administrative-territorial unit, assumes, by signature, the responsibility of the veracity of those recorded. ... (5) At the beginning of each meeting, the Secretary submits for approval the minutes of the previous meeting. Local councillors have the right to contest the content of the minutes at the hearing and to ask for the exact mention of the opinions expressed at the previous meeting. ... (6) The minutes and documents that were debated at the meeting shall be submitted in a special file of the respective meeting, which will be numbered, signed and sealed by the sitting president and the secretary, after the approval of the minutes. ... (7) Within 3 days after the end of the meeting, the secretary of the administrative-territorial unit shall display at the town hall and, as the case may be, on the website of the administrative-territorial unit a copy of the minutes of the meeting. ... + Article 43 (1) The agenda of the meetings is approved by the local council, on the proposal of the one who, under the conditions of art. 39, called for the council meeting. Supplementing the agenda can only be done for urgent problems, which cannot be postponed until the next meeting, and only with the vote of the majority of local councillors present. The removal of a draft decision from the draft agenda shall be made only with the agreement of the initiator or if it does not meet the conditions provided for in art. 44. ... (2) In case of non-approval of the agenda, under the conditions provided in par. ((1), no allowance shall be granted due to local councillors for that meeting. ... + Article 44 (1) The draft decisions made on the agenda of the meeting of the local council cannot be debated if they are not accompanied by the report of the relevant compartment within the specialized apparatus of the mayor, which is elaborated within 30 days. days from the registration of the project, as well as the report of the specialized committee of the council, except as provided in art. 39 39 para. ((2) and (4). ... (2) If the reports referred to in par. ((1) are not drawn up within 30 days of the registration of the project, they shall be deemed implicitly favorable. ... + Article 45 (1) In the exercise of their duties the local council shall adopt decisions, with the vote of the majority of the members present, apart from the cases in which the law or regulation of organization and functioning of the council requires another majority. ... (2) The following decisions of the local council shall be adopted by the majority of local councillors: ... a) decisions on the local budget; ... b) decisions regarding the contracting of loans, under the law; ... c) decisions establishing local taxes and fees; ... d) decisions on participation in county, regional, zoning or cross-border cooperation programs; ... e) decisions on the organization and urban development of localities and spatial planning; ... f) decisions on association or cooperation with other public authorities, with Romanian or foreign legal entities. ... (3) The decisions on heritage shall be adopted by the vote of two thirds of the total number of local councillors in office. ... (4) If the local budget cannot be adopted after two consecutive sessions, which will take place at an interval of no more than 7 days, the activity will take place on the basis of the previous year's budget until the adoption of the new budget, but no later than 45 days from the date of publication of the state budget law in the Official Gazette of Romania, Part I. ... (5) The local council determines that some decisions should be taken by secret ballot. Individual decisions on persons will always be taken by secret ballot, with the exceptions provided by law. The voting procedures will be established by the regulation of organization and functioning of the local council. ... (6) The draft decisions may be proposed by local councillors, mayor, deputy mayor or citizens. The drafting of the projects is done by those who propose them, with the support of the secretary of the administrative-territorial unit and the services within the specialized apparatus of the mayor ... + Article 46 (1) It may not take part in the deliberation and at the adoption of decisions the local councillor who, either personally or by husband, wife, afini or relatives up to the fourth degree inclusive, has a patrimonial interest in the matter subject to the debates of the local council. ... (2) Decisions adopted by the local council in violation of the provisions of par. (1) are null and void. Nullity is found by the administrative court. The action can be introduced by any interested person. ... + Article 47 (1) The decisions of the local council shall be signed by the sitting president, elected under the conditions provided in art. 35, and countersign, for legality, by the secretary. ... (2) If the sitting president refuses to sign, the decision of the local council shall be signed by 3-5 local councillors. ... (3) If the sitting president is absent, at the proposal of the local councillors, another sitting president is elected, by decision adopted with the vote of the majority of the local councillors present, who will lead the meeting That. It exercises the duties provided by law for the sitting president. ... ---------- Article 47 has been amended by art. unique from LAW no. 200 200 of 16 July 2015 , published in MONITORUL OFFICIAL no. 555 555 of 27 July 2015. + Article 48 (1) The secretary of the administrative-territorial unit shall not counteract the decision if it considers that it is illegal. In this case, he will submit in writing and expose to the local council his reasoned opinion, which will be recorded in the minutes of the meeting. ... (2) The secretary of the administrative-territorial unit shall communicate the decisions of the local council to the mayor and the prefect immediately, but no later than 10 working days from the date of adoption. ... (3) The communication, accompanied by any objections to the legality, shall be made in writing by the Secretary and shall be recorded in a special register intended for that purpose. ... + Article 49 (1) The normative decisions become mandatory and produce effects from the date of bringing them to public knowledge, and the individual ones, from the date of communication. ... (2) The public knowledge of decisions of a normative nature shall be made within 5 days from the date of official communication to the prefect. ... + Article 50 In the administrative-territorial units where citizens belonging to a national minority have a share of more than 20% of the inhabitants, the normative decisions shall be made public and in the mother tongue of the citizens belonging to the respective minority, and those of an individual character shall be communicated, upon request, and in their mother tongue. + Article 51 (1) In the exercise of the mandate, local councillors are in the service of the local community ... (2) The Mayor is obliged, through the Secretary and the specialized apparatus, to make available to local councillors, at their request, no later than 10 working days, the necessary information for the fulfilment of the mandate. ... (3) Local councillors are obliged, in fulfilling their mandate, to hold regular meetings with citizens and to grant audiences. ... (4) Every local councillor as well as the deputy mayor are required to submit an annual activity report, which will be made public through the care of the secretary. ... (5) For the participation in the meetings of the local council and the specialized committees, the local councillor receives an allowance established under the law. ... (6) Local councillors have the right to settle the expenses they carry out in fulfilling their mandate, under the law. ... (7) The local council may decide to reduce the amount of the allowance provided in par. (5) and the rate in which the settlement is made according to the provisions of par. (6), in accordance with the financing possibilities. ... + Article 52 At the works of the local council can assist and speak, without the right to vote, the prefect, 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 the state, heads of the devolved public services of ministries and other central bodies of administrative-territorial units, on issues regarding the areas of responsibility of these services, as well as interested persons, invited Mayor. + Article 53 (1) Residents of villages who do not have local councillors elected to local councils are represented at council meetings by a village delegate. ... (2) The village delegate is elected during the term of office of the local council of a village assembly, convened at least 15 days before the mayor. The election of the village delegate is carried out in the presence of the mayor or deputy mayor and at least 2 councillors appointed by the local council decision. The election of the village delegate is made by the majority of votes of those present at this assembly All citizens with the right to vote and domicile in the village can participate in the village assembly. ... ------------- Alin. ((2) art. 53 53 was amended by the single article of LAW no. 375 375 of 26 November 2009 , published in MONITORUL OFFICIAL no. 833 833 of 3 December 2009. (3) In discussing the problems regarding the respective villages, the village delegates will be compulsorily invited. Their vote is advisory. ... (4) The village delegate shall be duly applicable to the provisions of art. 51 51 para. ((5) and (6). ... + Article 54 (1) After constituting the local council they organize specialized commissions, on the main fields of activity. ... (2) Only local councillors may be members of the specialist committees. ... (3) The specialized committees shall elect a president and a secretary. ... (4) The specialized committees shall analyze and endorse the draft decisions in their field of activity. ... (5) The specialized committees shall work in plenary and shall take decisions with the vote of the majority of their members. ... (6) The organization, functioning and tasks of the specialized committees shall be established by the regulation of organization and functioning of the local council, respecting the political configuration resulting from the local elections. ... (7) Local councils may organize, on their own initiative or at the initiative of the mayor, as the case may be, special analysis and verification commissions, for a fixed period. The composition of the special commission for analysis and verification, the objectives and the period of its activities shall be determined by decision of the local council. The members of the Commission shall act within the limits set ... + Section 4 Dissolution of the local council + Article 55 (. The local council shall dissolve by law or by local referendum. The local council dissolves from law: ... a) if it does not meet for two consecutive months, although it has been convened according to the legal provisions; ... ------------- Letter a) a par. ((1) of art. 55 55 has been amended by section 4.2 1 1 of art. I of LAW no. 59 59 of 31 March 2010 , published in MONITORUL OFFICIAL no. 222 222 of 8 April 2010. b) if it has not adopted in 3 consecutive ordinary meetings no decision; ... c) in a situation where the number of local councillors is reduced by half plus one and cannot be completed by alternates. ... (2) The mayor, the deputy mayor, the secretary of the administrative-territorial unit, the prefect or any other interested person may refer the cases referred to in par. ((1). The court is considering the facts and is ruling on the dissolution of the local council. The court's ruling is final and communicated to the prefect. ... ------------- Alin. ((2) of art. 55 55 has been amended by section 2 2 of art. I of LAW no. 59 59 of 31 March 2010 , published in MONITORUL OFFICIAL no. 222 222 of 8 April 2010. (3) The local council can be dissolved by local referendum, organized under the law. The referendum is organized as a result of the request addressed in this regard to the prefect of at least 25% of the number of citizens entitled to vote registered on the electoral lists of the administrative-territorial unit. ... ((4) The expenses for organizing the referendum provided in par. (3) shall be borne from the local budget. ... (5) The local referendum is organized, under the law, by a commission appointed by order of the prefect, composed of a representative of the prefect, a representative of the mayor, the local council and the county council and a the judge of the court in whose jurisdiction is the administrative-territorial unit concerned. The secretary of the commission shall be provided by the prefect ... (6) The referendum is valid if at least half plus one of the total number of voting inhabitants have been shown at the polls. The activity of the local council ceases before the deadline if at least half plus one of the total number of valid votes have been pronounced in this regard. ... ((7) Abrogat. ... ---------- Alin. ((7) of art. 55 55 has been repealed by section 6.6. 3 3 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. (8) Until the establishment of the new local council, the mayor or, in his absence, the secretary of the administrative-territorial unit will solve the current problems of the commune, the city or the municipality, according to the powers and duties according to law ... (8 ^ 1) In the exceptional situation in which the mayor is unable to exercise his mandate in accordance with the provisions of art. 60 60 or art. 69-71, the local council is dissolved under the conditions of par. (1)-(6), and the position of secretary of the administrative-territorial unit is vacant, the prefect shall appoint by order a person by posting under the conditions of art. 89 89 para. ((1) and (2) and, where applicable, art. 92 92 of Law no. 188/1999 on the Statute of civil servants, republished, with subsequent amendments and completions, to exercise the duties of secretary of the administrative-territorial unit to solve the current problems of the commune, city or municipality, until the public office of management of the secretary in accordance with the provisions of the legislation on public office and civil servants. ---------- Alin. ((8 ^ 1) art. 55 55 has been amended by RECTIFICATION no. 14 14 of 27 May 2015 , published in MONITORUL OFFICIAL no. 384 384 of 2 June 2015, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 14 14 of 27 May 2015 , published in MONITORUL OFFICIAL no. 374 374 of 28 May 2015. (8 ^ 2) Person designated according to the provisions of para. (8 ^ 1) must meet the conditions of studies and seniority in the specialty of studies under the present law and legislation on public office and civil servants. ---------- Alin. (8 ^ 2) of art. 55 55 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 14 14 of 27 May 2015 , published in MONITORUL OFFICIAL no. 374 374 of 28 May 2015. (8 ^ 3) In the situation provided in par. (8 ^ 1), the prefect must promptly request the National Agency of Public Servants to organize the contest for the position of management of the secretary of the commune, city or municipality, as the case may be, under the law. ---------- Alin. ((8 ^ 3) of art. 55 55 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 14 14 of 27 May 2015 , published in MONITORUL OFFICIAL no. 374 374 of 28 May 2015. (8 ^ 4) The appointment as secretary of the commune, city or municipality, as the case may be, shall be made, in the situation provided in par. (8 ^ 3), by the prefect, at the proposal of the National Agency of Public Servants. ---------- Alin. ((8 ^ 4) of art. 55 55 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 14 14 of 27 May 2015 , published in MONITORUL OFFICIAL no. 374 374 of 28 May 2015. (9) Local councils may organize, on their own initiative or on the initiative of the mayor, as the case may be, mixed commissions consisting of local councillors, civil servants and other specialists, for a fixed period. The composition of the joint committees, the objectives and the period of their activity are established by decisions of the local councils. Joint committee meetings are public. ... + Article 55 ^ 1 (1) In case of dissolution of the local council under the conditions of 55 55 para. ((1) lit. a) and b), it is reconstituted from alternate members, the convocation of alternate councillors being made by the prefect. ... (2) The reconstitution meeting is legally met if a number of alternate members are attended by more than half plus one of the total number of councillors in the respective local council. ... (3) The provisions of art. 30 30 para. ((2)-(5) and art. 31 31-35 shall apply accordingly. ... ---------- Art. 55 ^ 1 was introduced by item 1. 1 1 of art. III of EMERGENCY ORDINANCE no. 41 41 of 30 September 2015 , published in MONITORUL OFFICIAL no. 733 733 of 30 September 2015. + Section 5-a Suspension of the local councillor mandate + Article 56 (1) The mandate of local councillor shall be suspended by law only if he has been remanded in custody. The measure of preventive arrest shall be communicated immediately by the court to the prefect who, by order, within a maximum of 48 hours from communication, notes suspension of mandate. ... -------------- Alin. ((1) of art. 56 56 has been amended by section 1 1 of art. unique from LAW no. 13 13 of 6 January 2012 , published in MONITORUL OFFICIAL no. 48 48 of 20 January 2012. (2) The suspension lasts until the end of the situation provided in par. ((1). The suspension order shall be communicated to the local councillor, within a maximum of 48 hours after the order is issued. ... -------------- Alin. ((2) of art. 56 56 has been amended by section 1 1 of art. unique from LAW no. 13 13 of 6 January 2012 , published in MONITORUL OFFICIAL no. 48 48 of 20 January 2012. (3) If the local councillor whose mandate has been suspended has been found not guilty, he is entitled to compensation, under the law. ... + Chapter III Mayor and Deputy Mayor + Article 57 (1) The communes, cities and municipalities have one mayor and one deputy mayor, and the county seat municipalities have a mayor and 2 deputy mayors, elected under the law. ... (2) The deputy mayor is subordinate to the mayor and his rightful replacement, who may delegate his duties to him. ... (3) The deputy mayor is elected with the vote of the majority of local councillors in office, among their members. *) ... Note ... ---------- *) The phrase "its members" refers to local councillors, members of the local council. ---------- (4) The change in office of the deputy mayor can be done by the local council, by decision adopted with the vote of two thirds of the number of councillors in office, on the reasoned proposal of the mayor or a third of the number of local councillors in function. ... ---------- Alin. ((4) of art. 57 57 has been amended by section 4 4 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. (4 ^ 1) In the deliberation and adoption of decisions regarding the election or change of office of the deputy mayor participate and vote the local councillor who is running for deputy mayor, respectively the deputy mayor in office whose change is proposed. ---------- Alin. (4 ^ 1) of art. 57 57 was introduced by the subsection. 1 1 of section IV of art. 2 of EMERGENCY ORDINANCE no. 42 42 of 28 June 2016 , published in MONITORUL OFFICIAL no. 492 492 of 30 June 2016. (5) During the term of office, the mayor and deputy mayor receive a monthly allowance, as the only form of remuneration of the activity corresponding to the office of mayor, respectively deputy mayor, and which represents the basis of calculation for the establishment of rights and obligations that are determined in relation to the salary income. The mayor and deputy mayor do not benefit from the increase of seniority in work or other bonuses provided by law. ... (6) The term of office is seniority and in the specialty of graduate studies. ... (7) During the term of office, the deputy mayor retains his status as a local councillor, without the benefit of the allowance related to this status. ... + Article 58 (1) The validation of the election of the mayor shall be made within 20 days from the date of the elections, in the council chamber of the court in whose territorial area the commune or the city is located, by a judge appointed by the president of the court, art. 38 38 para. ((1) and (1 ^ 1) of Law no. 334/2006 ... , with subsequent amendments and completions. ------------ Alin. ((1) of art. 58 58 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 66 66 of 28 May 2008 , published in MONITORUL OFFICIAL no. 409 409 of 30 May 2008. (2) The validation of the mayor's election may be pronounced in the cases provided for in 31 31 para. ((4). ... ------------ Article 58 has been amended by section 6.6. 5 5 of art. III of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 59 (1) The result of the validation or invalidation of the election of the mayor shall be brought to the attention of the prefect and shall be presented at the establishment meeting of the local council or, as the case may be, in an extraordinary meeting, by a judge appointed Judge. ... (2) In case of invalidation of the election of the mayor, the Government, on the proposal of the prefect, will set the election They shall be organized within a maximum of 90 days from the date of invalidation or, as the case may be, from the date of final and irrevocable stay of the court decision, under the law. ... + Article 60 (1) The mayor shall submit before the local council the oath provided in art. 32 32 para. ((1). ... (2) The mayor who refuses to be sworn in is considered resigned by law. ... + Article 61 (1) The Mayor shall perform a function of public authority. ... (2) The mayor ensures respect for the fundamental rights and freedoms of citizens, the provisions of the Constitution, as well as the implementation of laws, decrees of the President of Romania, decisions and ordinances of the Government, decisions the local council; it has the necessary measures and provides support for the application of the orders and instructions of a normative nature of the ministers, the other leaders of the central public administration authorities, the prefect, as well as the county council decisions, under the law. ... (3) For the implementation of the activities given in its competence by the normative acts provided in par. (2), the mayor benefits from a specialized apparatus, which he leads. ... (4) The specialized apparatus of the mayor is structured on functional compartments, under the law. Its functional compartments are framed with civil servants and contract staff. ... (5) The mayor leads the local public services. ... + Article 62 (1) The mayor represents the administrative-territorial unit in relations with other public authorities, with Romanian or foreign natural or legal persons, as well as in justice. ... (2) The mayor's distinctive sign is a scarf in the colors of the national flag of Romania. ... (3) The scarf will be worn, compulsorily, to solemnities, receptions, public ceremonies and to the celebration of marriages. ... (4) The model of the scarf is determined by Government decision. ... + Article 63 (. The Mayor shall perform the following main categories of duties: ... a) duties exercised as a representative of the state, under the law; ... b) tasks related to the relationship with the local council; ... c) tasks related to the local budget; ... d) duties on public services provided to citizens; ... e) other duties established by law. ... ((2) Pursuant to paragraph 1. ((1) lit. a), the mayor performs the position of civil status officer and guardianship authority and ensures the functioning of local public services, duties on the organization and conduct of elections, referendum and census. The mayor also performs other duties established by law. ... (3) In the exercise of the duties provided in par ((1) lit. b), Mayor: ... a) presents to the local council, in the first quarter, an annual report on the economic, social and environmental state of the administrative-territorial unit; ... b) presents, at the request of the local council, other reports and briefings; ... c) develop draft strategies on the economic, social and environmental state of the administrative-territorial unit and submit them to the approval of the local council. ... (4) In the exercise of the duties provided in par ((1) lit. c), Mayor: ... a) exercise the function of principal authorising officer; ... b) prepare the draft of the local budget and the final account of the budget year and submit them for approval to the local council; ... c) initiates, under the law, negotiations for the contracting of loans and the issuance of securities on behalf of the administrative-territorial unit; ... d) verify, through the specialized compartments, the correct tax registration of taxpayers at the territorial fiscal body, both of the main social headquarters and of the secondary office. ... (5) In the exercise of the duties provided in par ((1) lit. d), Mayor: ... a) coordinate the implementation of public services of local interest provided through the specialized apparatus or through public service and public utility bodies of local interest; ... b) take measures to prevent and, where appropriate, manage emergency situations; ... c) take measures to organize the execution and execution in concrete of the activities in the fields provided in art. 36 36 para. ((6) lit. a)-d); ... d) take measures to ensure the inventory, statistical record, inspection and control of the public services of local interest provided in art. 36 36 para. ((6) lit. a)-d), as well as the public and private assets of the administrative-territorial unit; ... e) appoints, sanctions and orders the suspension, modification and termination of service relations or, as the case may be, of employment relationships, under the law, for personnel within the specialized apparatus, as well as for the public institutions and services of local interest; ... f) ensure the elaboration of urban plans provided by law, submit them to the approval of the local council and act to comply with their ... g) issue the opinions, agreements and authorizations given in its competence by law and other normative acts; ... h) ensures the implementation of the works and takes the necessary measures to comply with the commitments made in the European integration process in the field of environmental protection and water management for services provided to citizens. ... (6) For the proper exercise of its duties, the mayor shall collaborate with the devolved public services of the ministries and other specialized bodies of the central public administration in the administrative-territorial units, such as and the county council. ... (7) The appointment of heads of public institutions and services of local interest is based on the contest organized according to the procedures and criteria approved by the local council, at the proposal of the mayor, under the law The appointment is made available to the mayor, having attached the management contract. ... + Article 64 (1) In the exercise of the duties of guardianship and civil status officer, of the tasks assigned to him from the normative acts regarding the census, to the organization and conduct of elections, to the taking of civil protection measures, as well as to other duties established by law, the mayor also acts as a representative of the state in the commune or in the city where he was elected. ... (2) In this capacity, the mayor may ask the prefect, under the law, for the support of the heads of the devolved public services of ministries and other specialized bodies of the central public administration in the units administrative-territorial, if the tasks assigned to it cannot be solved by the specialized apparatus. ... + Article 65 The mayor may delegate the duties conferred on him by law and other normative acts to the deputy mayor, secretary of the administrative-territorial unit, heads of functional compartments or personnel in the specialized apparatus, as well as the heads of public institutions and services of local interest, depending on their respective competences. -------- Article 65 has been amended by section 6.6. 1 1 of art. unique from LAW no. 20 20 of 13 March 2014 , published in MONITORUL OFFICIAL no. 191 191 of 18 March 2014. + Article 66 (1) The mayors of the communes may set up, within the maximum number of approved posts, a post of councillor of the mayor. The mayors of the cities, municipalities and municipalities of the county seat can set up, within the maximum number of approved posts, the mayor's office, distinct compartment, consisting of: ... a) maximum 2 posts, in cities and municipalities; ... b) maximum 4 posts, at the county seat municipalities. ... ---------- Alin. ((1) of art. 66 66 has been amended by section 1 1 of art. unique from LAW no. 119 119 of 21 May 2015 , published in MONITORUL OFFICIAL no. 361 361 of 26 May 2015. (2) Staff assigned to the posts referred to in par. (1) is appointed and relieved of office by the mayor. ... ---------- Alin. ((2) of art. 66 66 has been amended by section 1 1 of art. unique from LAW no. 119 119 of 21 May 2015 , published in MONITORUL OFFICIAL no. 361 361 of 26 May 2015. (3) The staff provided in par. (1) operates on the basis of an individual fixed-term employment contract, concluded under the law, during the term of office of the mayor. ... (4) The duties of the staff provided in par. (1) shall be established by the mayor's disposition. ... + Article 67 (1) The general mayor of Bucharest, assimilated to the dignitary, can establish, within the maximum number of approved posts, the general mayor's office, distinct compartment, which includes the following specialized execution functions: Cabinet director, cabinet assistant, personal advisor, personal secretary and personal courier. ... -------------- Alin. ((1) of art. 67 67 has been amended by section 2 2 of art. X of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. (1 ^ 1) The maximum number of posts in the cabinet of the general mayor of Bucharest is 13. -------------- Alin. ((1 ^ 1) of art. 67 67 has been introduced by section 3 3 of art. X of EMERGENCY ORDINANCE no. 105 105 of 6 October 2009 , published in MONITORUL OFFICIAL no. 668 668 of 6 October 2009. (2) The salary of the staff within the cabinet of the general mayor of Bucharest will be made according to the head. II lit. B of Annex no. 1 1 to Government Ordinance no. 3/2006 on the salary increases that will be granted in 2006 to the appropriate salary staff Government Emergency Ordinance no. 24/2000 on the system for the establishment of basic salaries for contract staff in the budgetary sector and in the salary of staff in accordance with Annexes no. II and III to Law no. 154/1998 on the system for the establishment of basic salaries in the budgetary sector and allowances for persons occupying public dignity functions, approved with amendments by Law no. 323/2006 . ... + Article 68 (1) In the exercise of his duties the mayor issues provisions of a normative or individual nature They become enforceable only after they are brought to public knowledge or after they have been communicated to interested persons, as the case may be. ... (2) The provisions of art. 48 48 and art. 49 49 para. ((2) shall apply accordingly. ... + Article 69 (1) The mayor's mandate is 4 years and is exercised until the swearing-in of the newly-elected mayor. The mayor's mandate can be extended, by organic law, in case of war, natural calamity, disaster or particularly serious sinister. ... (2) The mandate of the mayor shall cease by law under the law of the local elected officials, as well as in the following situations: ... a) if he is unable to perform the function due to a serious, certified disease, which does not allow the activity to be carried out in good conditions for 6 months during a calendar year; ... b) if he does not exercise, unjustifiably, his mandate for 45 consecutive days. ... (3) In the cases provided in par. (2), the prefect, by order, takes note of the termination of the mayor's mandate ... (4) The prefect's order can be appealed by the mayor to the administrative court within 10 days of communication. ... (5) The administrative court shall be obliged to rule within 30 days. In this case, the prior procedure is no longer carried out and the decision of the first court is final and irrevocable. ... ((6) Abrogat. ... ---------- Alin. ((6) of art. 69 69 has been repealed by section 6.6. 5 5 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. + Article 70 (1) The mandate of the mayor ceases as a result of the result of a local referendum on his dismissal, organized under the law, according to the procedure provided in art. 55 55 para. ((3)-(7). ... (2) The referendum for the termination of the mayor's mandate shall be organized as a result of the request addressed in this regard to the prefect of the inhabitants of the commune, city or municipality, as a result of his disregard for the general interests of local authority or non-performance of its duties, according to the law, including those it exercises as a representative of the state. ... (3) The application will include the reasons behind it, the name and surname, the date and place of birth, the series and the number of the bulletin or the identity card and the handwritten signature of the citizens who requested the organization of the referendum. ... (4) The organization of the referendum must be requested, in writing, by at least 25% of the inhabitants with the right to vote. This percentage must be carried out in each of the component localities of the commune, city or municipality. ... + Article 71 (1) The mayor's mandate shall be suspended by law only if he has been remanded in custody. The measure of preventive arrest shall be communicated immediately by the court to the prefect who, by order, within a maximum of 48 hours from communication, notes suspension of mandate. ... -------------- Alin. ((1) of art. 71 71 has been amended by section 2 2 of art. unique from LAW no. 13 13 of 6 January 2012 , published in MONITORUL OFFICIAL no. 48 48 of 20 January 2012. (2) The suspension order shall be communicated, within a maximum of 48 hours from the issue, to the mayor. ... -------------- Alin. ((2) of art. 71 71 has been amended by section 2 2 of art. unique from LAW no. 13 13 of 6 January 2012 , published in MONITORUL OFFICIAL no. 48 48 of 20 January 2012. (3) The suspension lasts until the end of the situation referred to in par. ((1). ... (4) If the mayor suspended from office has been found not guilty, he is entitled, under the law, to pay the salary rights corresponding to the period in which he was suspended. ... (5) Provisions of para. (1)-(4) shall also apply to the Deputy Mayor. ... + Article 72 (1) In case of vacancy of the office of mayor, as well as in case of suspension from office, the duties conferred on him by this law shall be exercised by the right of deputy mayor or, as the case may be, by one of the deputy mayors, designated by the local council with the secret vote of the majority of local councillors in office, in compliance with the rights and obligations corresponding to the office, and which will receive a monthly allowance equal to that of the office of mayor during the exercise function. ... (2) In the situation referred to in par. (1), the local council may delegate, by decision, among its members, a local councillor who will temporarily discharge the duties of the deputy mayor, in compliance with the rights and obligations corresponding to the office, and who will receive an allowance monthly single equal to that of the position of deputy mayor during the exercise of the function. ... (3) In the situation in which they are suspended from office, at the same time, both the mayor and the deputy mayor, the local council delegates a local councillor who will perform both the duties of the mayor and the deputy mayor, until the end the suspension, in compliance with the rights and obligations corresponding to the office of mayor, and which will receive a monthly allowance equal to that of the office of mayor. ... -------------- Article 72 has been amended by art. III of EMERGENCY ORDINANCE no. 68 68 of 21 October 2014 , published in MONITORUL OFFICIAL no. 803 803 of 4 November 2014. + Chapter IV Institutions, public services of local interest and the specialist apparatus of the mayor + Article 73 Local councils can establish and organize public institutions and services of local interest in the main fields of activity, according to the local specificity and needs, in compliance with the legal provisions and within the financial means of which Dispose. + Article 74 (1) The appointment and dismissal of staff from public institutions and services of local interest shall be made by their leaders, under the law. ... (2) The appointment and dismissal of the staff from the specialized apparatus of the mayor shall be made by the mayor, under the law. ... + Article 75 Officials from public institutions and services of local interest and within the specialized apparatus of the mayor enjoy stability in office, under the law. + Article 76 (1) In the relations between citizens and local public administration authorities, the Romanian language is used. ... (2) In the administrative-territorial units where citizens belonging to a national minority have a share of over 20% of the inhabitants, in their relations with the local public administration authorities, with the specialized apparatus and bodies subordinated to the local council, they can address, orally or in writing, and in their mother tongue and will receive the answer both in Romanian and in their mother tongue. ... (3) Under the conditions provided in par. (2), in the posts that have attributions regarding relations with the public will be framed and persons who know the mother tongue of the citizens belonging to the respective minority. ... (4) The local public administration authorities shall ensure the inscription of the names of the localities and public institutions under their authority, as well as the display of notices of public interest and in the mother tongue of the citizens belonging to the minority respective, under the conditions provided in par. ((2). ... (5) The official documents shall be made compulsory in Romanian. ... + Article 77 The mayor, deputy mayor, secretary of the administrative-territorial unit and the specialized apparatus of the mayor constitute a functional structure with permanent activity, called the town hall of the commune, the city or the municipality, which the decisions of the local council and the mayor's provisions, solving the current problems of the local community. + Article 77 ^ 1 (1) The mayor shall designate the officials in particular to carry out the obligations regarding the communication of the subpoenas and other procedural documents, under the conditions of the Civil Procedure Code. ... (2) Provisions of para. (1) are duly applicable in the case of mayors of the sectors of Bucharest. ... ------------ Art. 77 ^ 1 was introduced by art. 40 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Chapter V Public administration of Bucharest Municipality + Article 78 The city of Bucharest is organized in 6 administrative-territorial subdivisions, called sectors. + Article 79 (1) The sectors of Bucharest have a mayor and a deputy mayor, and the city of Bucharest has a general mayor and 2 deputy mayors. ... (2) The validation of the election of the general mayor of Bucharest is made by the President of the Bucharest Tribunal, under the conditions of ... + Article 80 The local public administration authorities in Bucharest are the General Council of Bucharest and the local councils of the sectors, as deliberative authorities, as well as the general mayor of Bucharest and the mayors sectors, as executive authorities, chosen under the law for the election of local public administration authorities. + Article 81 (1) The local councils of the sectors of Bucharest shall be constituted, operated and may be dissolved under the conditions laid down by the provisions of this law for local councils, which shall apply accordingly. ... (2) The local councils of the sectors of Bucharest shall mainly exercise the following tasks: ... a) choose, among the councillors, the councillor who heads the meetings of the council, as well as a deputy mayor; they retain their quality as an adviser; ... b) approves the regulation of organization and functioning of the council; ... c) endorses studies, forecasts and programs of economic-social development, organization and spatial planning and urbanism, including participation in regional and zoning development programs, under the law, which they submit for approval General Council of Bucharest Municipality; ... d) approve the local budget, loans, credit transfers and the use of the budget reserve; approve the closing account of the budget year; establish local taxes and fees, as well as special taxes, under the law; ... e) approves, at the proposal of the mayor, under the law, the organizational chart, the state of functions, the number of personnel and the organization and functioning regulation of the specialized apparatus and public services of local interest. ... f) manages, under the law, the public or private property of the municipality, within the sector, on the basis of the decision of the General Council of Bucharest; ... g) decide on the concession or rental of public services under their authority, under the law; ... h) establishes institutions, companies and public services; establishes, in compliance with the general criteria established by law, rules of organization and functioning for public institutions and services, as well as for commercial companies which they establish or are under their authority; appoint and issue from office, under the law, the heads of public institutions and public services of local interest; ... i) approve, under the law, the zoning and detailed urban plans of the sectors, which they communicate to the General Council of the Municipality of Bucharest; approve, within the limits of their competences, the technical-economic documentation for the works of investments of local interest and provide the necessary conditions for their realization, in accordance with the provisions of the general urban plan of Bucharest and the related regulation; ... j) ensure, according to their competences, the conditions necessary for the proper functioning of public institutions and services of education, health, culture, youth and sport, defending public order, of local interest; ... k) contribute to the organization of scientific, cultural, artistic, sports and leisure activities; ... l) contribute to ensuring public order, analyze the activity of the Community Police and propose measures to improve it; ... m) act for the protection and restoration of the environment, in order to increase the quality of life; contribute to the protection, preservation, restoration and enhancement of historical and architectural monuments, parks and nature reserves; ... n) contribute to the implementation of protection and social assistance measures, ensure the protection of the rights of the child, according to the legislation in force; approve the criteria for the distribution of social housing; establish and ensure benefit institutions of local interest; ... o) establish and organize fairs, markets, shutters, places and parks of entertainment, sports facilities and ensure their proper functioning; ... p) decide, under the law, with the agreement of the General Council of Bucharest Municipality, cooperation or association with local public administration authorities in the country or abroad, as well as accession to national and international associations of the local public administration authorities, with a view to promoting common interests; ... q) decide, under the law, with the prior consent of the General Council of the Municipality of Bucharest, cooperation or association with Romanian or foreign legal entities, with non-governmental organizations and with other social partners, in order to finance and joint implementation of actions, works, services or projects of local public interest; ... r) ensures freedom of trade and encourages free initiative, under the law; ... s) supports, under the law, the activity of religious cults. ... (3) The attributions provided in par. ((2) lit. c)-h), p) and q) can be exercised only on the basis of express empowerment given by decision of the General Council of Bucharest Municipality. ... (4) The local councils of the sectors shall exercise other powers established by law or delegated by the General Council of Bucharest Municipality. ... + Article 82 The General Council of the Municipality of Bucharest is constituted, operates and performs the duties provided by the provisions of this law for local councils, which shall apply accordingly. + Article 83 (1) The mayors and deputy mayors of the sectors of Bucharest municipality operate under the conditions provided by the provisions of this law for mayors and deputy mayors of communes and cities and perform the duties established by law for them, with the exception of those relating to the consultation of the population by referendum, organized for the resolution of local problems of particular interest, and to the measures provided by law for the conduct of public assemblies, which are exercised only by of Bucharest Municipality. ... (2) The mayors and deputy mayors of the sectors of Bucharest municipality shall be properly applied the provisions of this law on suspension and dismissal. ... (3) The general mayor and deputy mayors of Bucharest municipality operate and perform the duties provided by the provisions of this law for mayors and deputy mayors of communes and cities, which shall apply accordingly. ... (4) The general mayor and deputy mayors of the city of Bucharest shall be properly applied the provisions of this law regarding suspension and dismissal. ... + Article 84 The secretaries of the sectors of Bucharest and the general secretary of Bucharest are properly applicable to the provisions of the head. X. + Article 85 The decisions of the General Council of Bucharest and the normative provisions of the general mayor are also mandatory for the local public administration authorities organized in the sectors of Bucharest. + Article 86 (1) The general mayor of Bucharest together with the mayors of the sectors of Bucharest municipality meet at least once a month, at the convocation of the general mayor or at the proposal of at least 3 mayors of sectors. The meetings consider how the decisions of the General Council of Bucharest and the normative provisions of the general mayor are carried out and mutual briefings on the work of the councils local sector, considering the correlation of some activities necessary for the proper functioning of the administration of Bucharest. The prefect of Bucharest also participates in the meetings. ... (2) The mayors of the sectors participate in law at the meetings of the General Council of Bucharest and may have interventions to debate the issues on the agenda. ... (3) The chairpersons of the specialized commissions of the local sector councils may participate in the meetings of the committees of the General Council of Bucharest. ... (4) The chairmen of the specialized committees of the local sector councils have the right to intervene in discussions, without having the right to vote. ... + Chapter VI County Council + Section 1 Constitution and composition of county council + Article 87 (1) The county council is the authority of the local public administration, constituted at county level for the coordination of the activity of communal, city and municipal councils, in order to carry out public services of county interest. ... (2) The county council is composed of county councillors, elected by universal, equal, direct, secret and freely expressed vote, under the law. ... + Article 88 The number of members of each county council is established by order of the prefect, depending on the number of the inhabitants of the county, according to the population after home reported by the National Institute of Statistics on January 1 of the current year, as follows: ┌ ---------------------------------- [...] | Number of county residents | Number | | | councillors | ├ ---------------------------------- 留言 | 加入好友 | to 350,000 | 31 | ├ ---------------------------------- 留言 | 加入好友 | between 350.001 and 500,000 | 33 | ├ ---------------------------------- 留言 | 加入好友 | between 500.001 and 650,000 | 35 | ├ ---------------------------------- 留言 | 加入好友 | over 650,000 | 37 | └ ---------------------------------- [...] ---------- Article 88 has been amended by section 6.6. 6 6 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. + Article 89 For the validation of the mandates of the county councillors, the procedure provided for in art. 30, the competent court being the tribunal ---------- Article 89 has been amended by section 6.6. 7 7 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. + Article 89 ^ 1 Repealed. ---------- Article 89 ^ 1 was repealed by point (a). 8 8 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. + Article 89 ^ 2 Repealed. ---------- Article 89 ^ 2 was repealed by point (a). 8 8 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. + Article 89 ^ 3 Repealed. ---------- Article 89 ^ 3 has been repealed by point 8 8 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. + Article 90 The constitution of the county council shall apply accordingly the provisions of art. 31-35. ---------- Article 90 has been amended by section 6.6. 9 9 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. + Section 2 County council tasks + Article 91 (1) The county council meets the following main categories of tasks: ... a) powers regarding the organization and functioning of the specialized apparatus of the county council, of public institutions and services of county interest and of commercial companies and autonomous regions of county interest; ... b) powers regarding the economic and social development of the county; ... c) powers regarding the management of the county ... d) powers to manage public services in the subordinate; ... e) powers of interinstitutional cooperation; ... f) other duties provided by law. ... (2) In the exercise of the duties provided in par ((1) lit. a), the county council: ... a) choose, among the county councillors, 2 vice-presidents; ... -------------- Letter a) a par. ((2) of art. 91 91 has been amended by section 4.2 5 5 of art. 78 78 of Title III of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. b) decides the establishment or reorganization of institutions, public services and commercial companies of county interest, as well as the reorganization of autonomous regions of county interest, under the law; ... c) approves the regulation of organization and functioning of the county council, the organizational chart, the state of functions, the organization and functioning regulation of the specialized apparatus, as well as of the public institutions and services of county interest and of companies and autonomous regions of county interest; ... d) exercise, on behalf of the county, all rights and obligations corresponding to holdings in companies or autonomous kings, under the law; ... e) appoints, sanctions and orders the suspension, modification and termination of service relations or, as the case may be, of employment relationships, under the law, for the heads of public institutions and services of county interest. ... (3) In the exercise of the duties provided in par ((1) lit. b), county council: ... a) approves, at the proposal of the president of the county council, the county's own budget, the credit transfers, the use of the budget reserve and the account for the end of the budget year; ... b) approve, at the proposal of the president of the county council, the contracting and/or guarantee of loans, as well as the contracting of local public debt through issues of securities in the name of the county, under the law; ... c) establishes taxes and county taxes, under the law; ... d) adopt strategies, forecasts and programs of economic and social development of the county, based on proposals received from local councils; order, approve and follow, in cooperation with the local public administration authorities and interested city, the necessary measures, including those of a financial order, to achieve them; ... e) establishes, based on the opinion of the local councils of the administrative-territorial units involved, the projects of organization and arrangement of the county territory, as well as of its general urban development and of the units administrative-territorial components; aims to achieve them, in cooperation with the authorities of the local public administration, city or municipal involved; ... f) approves the technical-economic documentation for the investment works of county interest, within the limits and under the law. ... (4) In the exercise of the duties provided in par ((1) lit. c), county council: ... a) decides on the administration, concession or rental of public property of the county, as the case may be, as well as of public services of county interest, under the law; ... b) decides the sale, concession or lease of the private property of the county, as the case may be, under the law; ... c) assigns, under the law, names of objectives of county interest. ... (5) In the exercise of the duties provided in par ((1) lit. d), county council: ... a) ensure, according to its competences and under the law, the necessary framework for the provision of public services of county interest regarding: ... 1. education; 2. social services for the protection of the child, persons with disabilities, elderly persons, family and other persons or groups in social need; 3. health; 4. culture; 5. youth; 6. sport; 7. public order; 8. emergency situations; 9. environmental protection and restoration; 10. conservation, restoration and enhancement of historical and architectural monuments, parks, public gardens and nature reserves; 11. records of persons; 12. bridges and public roads; 13. community services of public utility of county interest, as well as methane gas supply; 14. other public services established by law; b) supports, under the law, the activity of religious cults; ... c) issue the opinions, agreements and authorizations given in its competence by law; ... d) provide advice in specific areas, under the law, to administrative-territorial units in the county, at their request. ... (6) In the exercise of the duties provided in par ((1) lit. e), county council: ... a) decides, under the law, cooperation or association with Romanian or foreign legal entities, including with partners from civil society, in order to finance and jointly carry out actions, works, services or projects of public interest county; ... b) decides, under the law, to defeat the county with administrative-territorial units from other countries; ... c) decides, under the law, cooperation or association with other administrative-territorial units in the country or abroad, as well as the accession to national and international associations of local public administration authorities, in order to promoting common interests. ... + Article 92 Persons empowered to represent the interests of the administrative-territorial unit in commercial companies, autonomous regions of county interest, intercommunity development associations and other cooperation or partnership bodies are designated by Decision of the county council, under the law, respecting the political configuration resulting after the local elections. + Section 3 County council operation + Article 93 (1) The county council shall be elected for a term of 4 years, 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 establishment until the date of declaration as legally constituted of the newly-elected council. ... + Article 94 (1) The county council meets at the regular meeting every month, at the convocation of the president of the county council. ... (2) The county council may also meet in extraordinary meetings whenever necessary, at the request of the president or at least one third of the number of the members of the council or at the request of the prefect, addressed to the president of the council county, in exceptional cases that require the adoption of immediate measures to prevent, limit or eliminate the consequences of calamities, catastrophes, fires, epidemics or epizootions, as well as to defend order and tranquility public. ... (3) The convocation of the county council shall be made in writing, through the Secretary General of the County, at least 5 days before the ordinary meetings or no more than 3 days before the extraordinary ones. ... (4) In case of force majeure and of maximum urgency to solve the interests of the inhabitants of the county the convocation of the county council is ... (5) In the invitation to the meeting, the date, time, place and agenda of the meeting shall be stated. ... (6) If the president of the county council is unable to convene the council at the ordinary meeting, it will be done by the Vice President-designate under the conditions of art. 107. ... (7) The agenda of the meeting of the county council is brought to the attention of the inhabitants of the county through the media or through any other means of advertising. ... (8) In the counties where citizens belonging to a national minority have a share of more than 20% of the number of inhabitants the agenda shall be made public and in the mother tongue of the citizens belonging to the respective minority. ... (9) In all cases the convocation shall be recorded in the minutes of the meeting. ... + Article 95 (1) The meetings of the county council shall be held legally in the presence of the majority of the county councillors. ... (2) The presence of county councillors at the meeting is mandatory. Cases in which the absence is considered to be determined by thorough reasons will be established by the regulation of organization and functioning of the county council. If a county councillor is absent twice consecutively without thorough reasons, he can be sanctioned under the conditions of the organization and functioning of the county council. ... + Article 96 (1) The meetings of the county council are headed by the president or, in his absence, by the vice-president-designate under the 107. ... ((2) If, for good reasons, the Vice President-designate is also missing under the conditions of art. 107, the meeting will be led by the other vice president or a county councillor, elected with the vote of the majority of the county councillors present. ... + Article 97 (1) In the exercise of their duties, the county council shall adopt decisions with the vote of the majority of the members present, apart from the cases in which the law or regulation of organization and functioning of the council requires another majority. ... (2) The draft decisions may be proposed by county councillors, the president of the county council, the vice-presidents of the county council or citizens. The drafting of the projects is done by those who propose them, with the support of the secretary of the administrative-territorial unit and the services within the specialized apparatus of the county council. ... (3) The decisions shall be signed by the president or, in his absence, by the deputy chairman of the county council who led the meeting and shall be countersigned by the secretary of the ... + Article 98 Art. 42-46 42-46, 48-52 and art. 54 54 shall apply accordingly. + Article 99 (1) The county council shall dissolve by right under the conditions of art. 55 55 para. (1) or by county referendum. ... (2) The Secretary of the County or any other interested person shall notify the administrative court of the cases referred to in par. ((1). The court is considering the factual situation and ruling on the dissolution of the county council. The court's ruling is final and communicated to the prefect. ... (3) The county council can be dissolved by county referendum, organized under the law. The referendum is organized as a result of the request addressed in this regard to the prefect of at least 20% of the number of citizens entitled to vote, registered on the electoral lists of the administrative-territorial unit. ... ((4) The expenses for organizing the referendum provided in par. (3) shall be borne from the county budget. ... (5) The county referendum is organized, under the law, by a commission composed of prefect, a representative of the county council designated by decision of the county council and a judge of the court. The Secretariat shall be provided by the Prefect's Institution. ... (6) The referendum is valid if at least half plus one of the total number of voting inhabitants have been shown at the polls. The activity of the county council ceases before the deadline if at least half plus one of the total number of valid votes have been pronounced in this regard. ... (7) The establishment of the date for the organization of the election of the new county council is made by the Government, The elections shall be held within a maximum of 90 days from the final and irrevocable stay of the court decision finding the dissolution of the county council or, as the case may be, from the validation of the referendum result. ... (8) Until the establishment of the new county council, the current problems of the county administration will be solved by the secretary of the county, based on a special power of attorney given by the Government, through the Ministry of Interior and Administrative Reform *). ... (9) In the exceptional situation in which the president of the county council is unable to exercise the mandate, the county council is dissolved under the conditions of par. (1)-(7), and the position of secretary of the county is vacant, the prefect shall appoint by order a person by posting, under the conditions of art. 89 89 para. ((1) and (2) and, where applicable, art. 92 92 of Law no. 188/1999 ... , republished, with subsequent amendments and completions, to exercise the duties of secretary of the county to resolve the current problems of the county, until the public office of management of the secretary in accordance with the provisions public office and civil servants legislation. ---------- Alin. ((9) of art. 99 99 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 14 14 of 27 May 2015 , published in MONITORUL OFFICIAL no. 374 374 of 28 May 2015. (10) Person designated according to the provisions of para. (9) must meet the conditions of studies and seniority in the specialty of studies under the conditions of this law and of the legislation on public office and civil servants. ... ---------- Alin. ((10) of art. 99 99 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 14 14 of 27 May 2015 , published in MONITORUL OFFICIAL no. 374 374 of 28 May 2015. (11) In the situation referred to in par. (9), the prefect must promptly request the National Agency of Public Servants to organize the contest for the position of management of the county secretary, under the law. ... ---------- Alin. (11) of art. 99 99 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 14 14 of 27 May 2015 , published in MONITORUL OFFICIAL no. 374 374 of 28 May 2015. (12) The appointment as secretary of the county is made, in the situation provided in par. (11), by the prefect of the county, at the proposal of the National Agency of Public Servants. ... ---------- Alin. ((12) of art. 99 99 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 14 14 of 27 May 2015 , published in MONITORUL OFFICIAL no. 374 374 of 28 May 2015. + Article 99 ^ 1 In case of dissolution of the county council, under the conditions of 55 55 para. ((1) lit. a) and b), it shall be reconstituted from the alternate members, the provisions of art. 55 ^ 1 applying accordingly. ---------- Art. 99 ^ 1 was introduced by item 2 2 of art. III of EMERGENCY ORDINANCE no. 41 41 of 30 September 2015 , published in MONITORUL OFFICIAL no. 733 733 of 30 September 2015. + Article 100 The mandate of county councillor shall be suspended under the conditions of 56. + Section 4 President and vice-presidents of the county + Article 101 (1) The county council shall elect from among its members a chairperson and 2 vice-presidents ... ---------- Alin. ((1) of art. 101 101 has been amended by section 10 10 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. (2) The President and Vice-Presidents shall be elected with the secret ballot of the majority of the county councillors. ... ---------- Alin. ((2) of art. 101 101 has been amended by section 10 10 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. (3) The release from office of the chairman or vice-presidents of the county council shall be made with the secret vote of two thirds of the number of councillors in office, at the reasoned proposal of at least one third of their number. The release from office of the president or vice presidents of the county council cannot be made in the last 6 months of the county council's mandate. ... ---------- Alin. ((3) of art. 101 101 has been amended by section 10 10 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. (3 ^ 1) In the deliberation and adoption of decisions concerning the election or release from office of the President or Vice President of the County Council shall participate and vote on the county councillor who is running for President or Vice President of the county council, namely the president or deputy chairman of the county council whose dismissal is proposed. ---------- Alin. (3 ^ 1) of art. 101 101 was introduced by the subsection. 2 2 of section IV of art. 2 of EMERGENCY ORDINANCE no. 42 42 of 28 June 2016 , published in MONITORUL OFFICIAL no. 492 492 of 30 June 2016. (4) During the term of office, the chairman and vice-presidents of the county council receive a monthly allowance, as the only form of remuneration of the activity corresponding to the positions of president, respectively deputy chairman of the county council, represents the basis for the calculation of the rights and obligations that are determined in relation to the salary income. The president and vice-presidents of the county council do not benefit from the increase of seniority or other bonuses provided by law. ... (5) The term of office is seniority and in the specialty of graduate studies. ... + Article 102 (1) The president of the county council represents the county in relations with the other public authorities, with Romanian and foreign individuals and legal entities, as well as in justice. ... (2) The president of the county council responds to the county council of good functioning of the county public administration. ... ---------- Alin. ((2) of art. 102 102 has been amended by section 11 11 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. (3) The specialized apparatus of the county council is subordinate to its president. Officials from the specialized apparatus of the county council enjoy stability in office, under the law. ... + Article 102 ^ 1 Repealed. ---------- Article 102 ^ 1 has been repealed by point (a). 12 12 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. + Article 103 (1) The president of the county council is responsible for the proper functioning of the specialized apparatus of the county council, which he leads. The coordination of some compartments in the specialized apparatus can be delegated, through the provision of the president of the county council, to the vice presidents or other persons, under the law. ... (2) The president of the county council ensures compliance with the provisions of the Constitution, the implementation of laws, the decrees of the President of Romania, the decisions and ordinances of the Government, the decisions of the county council, as well as normative. ... + Article 104 (1) The president of the county council meets, under the law, the following main categories of duties ... a) duties on the functioning of the specialized apparatus of the county council, public institutions and services of county interest and of commercial companies and autonomous regions of county interest; ... b) duties on the relationship with the county council ... c) powers regarding the county's own budget; ... d) duties regarding the relationship with other local public administration authorities and public services; ... e) duties on public services of county interest; ... f) other duties provided by law or tasks given by the county council. ... (2) In the exercise of the duties provided in par ((1) lit. a), president of the county council ... a) prepare and submit for approval to the county council the regulation of its organization and functioning, the organizational chart, the state of functions and the regulation of organization and functioning of the specialized apparatus, as well as of the institutions and public services of county interest and of commercial companies and autonomous regions of county interest; ... b) appoints, sanctions and orders the suspension, modification and termination of service relations or, as the case may be, of employment relationships, under the law, for staff within the specialized apparatus of the county council. ... (3) In the exercise of the duties provided in par ((1) lit. b), president of the county council ... a) he leads the meetings of the county council and has the necessary measures to prepare and conduct them in good conditions; ... b) presents to the county council, annually or on request, reports on how to carry out its duties and the decisions of the county council; ... c) proposes to the county council the appointment, sanctioning, modification and termination of service relations or, as the case may be, of employment relationships, under the law, for the heads of public institutions and services of county interest. ... (4) In the exercise of the duties provided in par ((1) lit. c), president of the county council ... a) exercise the function of principal authorising officer; ... b) prepare the draft budget of the county and the closing account of the budget year and submit them for approval to the county council, under the conditions and at the deadlines provided by law; ... c) pursues the way of making budgetary revenues and proposes to the county council to adopt the necessary measures to collect them at term; ... d) initiates, with the approval of the county council, negotiations for the contracting of loans and issues of securities in the name of the county. ... (5) In the exercise of the duties provided in par ((1) lit. d), president of the county council ... a) methodologically guide, through the specialized apparatus of the county council, civil status activities and tutelary authority carried out in communes and cities; ... b) may grant, without payment, through the specialized apparatus of the county council, support, technical assistance, legal and any other nature to local councils or mayors, at their express request. ... (6) In the exercise of the duties provided in par ((1) lit. e), president of the county council ... a) coordinate the implementation of public services and public utility of county interest provided through the specialized apparatus of the county council or through public service and utility bodies public interest; ... b) take measures to organize the execution and execution in concrete of the activities in the fields provided in art. 91 91 para. ((5) lit. a)-d); ... c) take measures for the record, statistics, inspection and control of public services and public utility of county interest provided in art. 91 91 para. ((5) lit. a)-d), as well as the public and private assets of the county; ... d) issue the opinions, agreements and authorizations given in its competence by law or by decision of the county council; ... e) coordinates and controls the public service and public utility bodies of county interest, established by the county council and subordinated to it; ... f) coordinates and controls the realization of investment and rehabilitation activities of the county infrastructure. ... (7) The president of the county council may delegate, by disposition, the powers provided in par. (6) Vice-Presidents, heads of functional compartments or staff in the specialized apparatus, as well as heads of public institutions and services of county interest. ... -------- Alin. ((7) of art. 104 104 has been amended by section 2 2 of art. unique from LAW no. 20 20 of 13 March 2014 , published in MONITORUL OFFICIAL no. 191 191 of 18 March 2014. + Article 105 (1) The president of the county council may establish, within the maximum number of approved posts, the president's office, distinct compartment, consisting of a maximum of 4 posts. ... ---------- Alin. ((1) of art. 105 105 has been amended by section 2 2 of art. unique from LAW no. 119 119 of 21 May 2015 , published in MONITORUL OFFICIAL no. 361 361 of 26 May 2015. (2) Staff within the President's Cabinet is appointed and relieved of office by the President of the County Council. ... (3) The staff of the cabinet of the president of the county council carry out their activity on the basis of an individual fixed-term employment contract, concluded under the law, during the term of office of the ... (4) The duties of the staff of the department referred to in (1) the President of the County Council shall be established. ... + Article 106 (1) In the exercise of his duties the president of the county council shall issue provisions of a normative They become enforceable only after they are brought to public knowledge or after they have been communicated to interested persons, as the case may be. ... (2) The provisions of art. 48 48 and art. 49 49 para. ((2) shall apply accordingly. ... + Article 107 (1) In case of suspension of the president, his duties will be exercised by one of the vice presidents, appointed by the county council by the secret vote of the majority of the county councillors in office. ... (. In the other cases of absence of the President his duties shall be exercised, on his behalf, by one of the Vice-Presidents, appointed by the President. ... + Article 108 (1) The president and vice-presidents of the county council retain the quality of county councillor. ... (2) The provisions of art. 69 and 71 shall also apply accordingly to the president of the county council. ... ---------- Article 108 has been amended by point 13 13 of art. 137 137 of Title II of LAW no. 115 115 of 19 May 2015 , published in MONITORUL OFFICIAL no. 349 349 of 20 May 2015. + Chapter VII Citizens ' initiative + Article 109 (1) Citizens may propose to local councils and county councils whose radius they reside, for debate and adoption, draft decisions. ... ((2) The promotion of a draft decision may be initiated by one or more citizens with the right to vote, if it is supported by signatures of at least 5% of the voting population of the respective administrative-territorial unit. ... + Article 110 ((1) The initiators shall submit to the secretary of the administrative-territorial unit the proposed form for the draft The project will be displayed for public information through the care secretary of the administrative-territorial unit ... (2) The initiators shall ensure the preparation of lists of supporters on forms provided by the secretary of the administrative-territorial unit. ... (3) The lists of supporters shall include the name, surname and domicile, series and number of identity documents and signatures of supporters. ... (4) The lists of supporters may be signed only by citizens with the right to vote who are domiciled within the respective administrative-territorial unit, whose local or county council is to debate the draft decision in question. ... + Article 111 After the submission of the documentation and its verification by the secretary of the administrative-territorial unit, the draft decision will follow the regular working procedures of the local or county council, as the case may be. + Chapter VIII Public administrator + Article 112 (1) At the level of communes and cities, the mayor can propose to the local council the establishment of the position of public administrator, within the maximum number of approved posts ... (2) The appointment and dismissal of the public administrator shall be made by the mayor, based on specific criteria, procedures and duties, approved by the local council. The appointment is based on the competition. ... (3) The public administrator may perform, on the basis of a management contract, concluded in this regard with the mayor, powers of coordination of the specialized apparatus or public services of local interest. ... (4) The mayor may delegate to the public administrator, under the law, the quality of principal authorising officer. ... + Article 113 (1) At the level of the counties, the president of the county council may propose to the county council the establishment of the position of public administrator, within the limit of ... (2) The appointment and dismissal of the public administrator shall be made by the president of the county council, based on specific criteria, procedures and duties, approved by the county council. The appointment is based on the competition. ... (3) The public administrator may perform, on the basis of a management contract, concluded in this regard with the president of the county council, powers of coordination of the specialized apparatus or public services of county interest. ... (4) The president of the county council may delegate to the public administrator, under the law, the quality of principal authorising officer. ... + Article 114 (. Intercommunity development associations may decide to appoint a public administrator for the management of services of general interest which are the subject of association. ... (2) The recruitment, appointment and dismissal of the public administrator of inter-community development associations shall be made on the basis of a specific procedure by their boards and are approved by decisions of the local councils and county councils concerned. ... + Chapter IX Acts of local public administration authorities and their communication + Article 115 ((1) For the performance of their duties: ... a) the mayor issues provisions; ... b) the local council adopts decisions ... c) the county council adopts decisions ... (2) The mayor's provisions shall be compulsorily communicated to the prefect of the county, no later than 5 working days after their signing. ... (3) The decisions of the local council shall be compulsorily communicated ... a) the mayor of the administrative-territorial unit; ... b) prefect of the county. ... (4) The decisions of the county council shall be communicated to the prefect of the county. ... (5) The communication of acts between the local public administration authorities and the prefect of the county is carried out through the secretary of the administrative-territorial ... (6) The acts of the local public administration authorities will be made public by the secretary of the administrative-territorial unit. ... (7) The mayor's provisions, the decisions of the local council and the decisions of the county council are subject to the legality control of the prefect under the law governing his activity. ... + Chapter X Secretaries of administrative-territorial units + Article 116 (1) Each administrative-territorial unit and administrative-territorial subdivision of the municipalities has a salarized secretary from the local budget. The secretary of the commune, the city, the municipality, the county and the administrative-territorial subdivision of the municipalities is a public management official, with higher legal or administrative studies. The secretary enjoys stability in office. ... ((1 ^ 1) The period in which the person with legal higher education serves as secretary, as well as management positions from the specialized apparatus of the administrative-territorial unit/administrative-territorial subdivision constitute seniority in specialty. ------------ Alin. ((1 ^ 1) art. 116 116 was introduced by the single article of LAW no. 131 131 of 24 June 2008 , published in MONITORUL OFFICIAL no. 485 485 of 30 June 2008. (2) The secretary of the administrative-territorial unit cannot be a member of a political party, under the sanction of dismissal from office. ... (3) The secretary of the administrative-territorial unit may not be a husband, wife or first-degree relative with the mayor or deputy mayor, respectively with the president or deputy chairman of the county council, under penalty of release from office. ... (4) The recruitment, appointment, suspension, modification, termination of service relations and disciplinary regime of the secretary of the administrative-territorial unit shall be made in accordance with the provisions of the legislation on public office and functioning Public. ... + Article 117 (1) The secretary of the administrative-territorial unit meets, under the law, the following tasks ... a) endorses, for legality, the provisions of the mayor and the president of the county council, the decisions of the local council and the county council; ... b) participate in the meetings of the local council and the county council; ... c) ensure the management of administrative procedures regarding the relationship between the local and primary council, respectively the county council and its president, as well as between them and the ... d) organize the archive and statistical record of the decisions of the local council and the provisions of the mayor, respectively of the decisions of the county council and of the provisions of the ... e) ensure transparency and communication to the authorities, public institutions and interested persons of the acts referred to in lett. a), under the conditions Law no. 544/2001 on free access to information of public interest, with subsequent amendments and completions; ... f) ensure the procedures for convening the local council, respectively the county council, and carrying out the secretarial works, communicate the agenda, draw up the minutes of the meetings of the local council, respectively of the county council, and drafts the decisions of the local council, respectively of the county council; ... g) prepares the works subject to the debate of the local council, respectively of the county council, and its specialized committees; ... h) other duties provided by law or tasks given by the local council, the mayor, the county council or the president of the county council, as the case may be. ... ((2) By way of derogation from provisions art. 21 21 para. ((2) of Law no. 273/2006 ... on local public finances, with subsequent amendments and completions, in the situations provided in art. 55 55 para. (8 ^ 1) or, as the case may be, art. 99 99 para. (9), the secretary of the administrative-territorial unit performs the position of principal authorising officer for the current activities. ---------- Alin. ((2) of art. 117 117 has been introduced by section 3 3 of art. I of EMERGENCY ORDINANCE no. 14 14 of 27 May 2015 , published in MONITORUL OFFICIAL no. 374 374 of 28 May 2015. + Article 117 ^ 1 (1) The secretary of the administrative-territorial unit will communicate, within 30 days from the date of death of a person, to the chamber of public notaries in whose territorial constituency the deceased had the last domicile, a referral for the opening the succession procedure, which will include: ... a) the name, surname and personal numerical code of the deceased; ... b) date of death, in format day, month, year; ... c) date of birth, in format day, month, year; ... d) last domicile of the deceased; ... e) the movable or immovable property of the deceased registered in the tax records or, where applicable, in the agricultural register; ... f) data about possible succeeding, in name, surname and address at which the citation is made. ... (2) Attribution provided in par. (1) may be delegated by the Secretary to the City Hall to one of the civil status officers. ... (3) The Mayor shall follow the performance of these duties by the Secretary of the City Hall or, as the case may be, by the Deputy Civil ... (4) Failure to fulfill the attribution provided in par. (1) attracts the disciplinary and contravention sanction of the responsible person, under the conditions of par. ((3). ... ------------ Art. 117 ^ 1 was introduced by item 1. 1 1 of art. V of LAW no. 133 133 of 18 July 2012 , published in MONITORUL OFFICIAL no. 506 506 of 24 July 2012. + Chapter XI Contraventions and penalties + Article 118 (1) It constitutes contraventions and is sanctioned with a fine of 1,000 lei to 5,000 lei the following facts: ... a) non-implementation, in bad faith, of the decisions of the local council by the mayor; ... b) non-implementation, in bad faith, of the decisions of the county council by the president of the county council; ... c) failure to submit within the period stipulated by the Law on local public finances of the draft budget of the administrative-territorial unit by the mayor, respectively the president of the county council, ... d) failure to submit by the mayor or the chairman of the county council the reports provided by law, at their fault; ... e) failure to take the necessary measures, established by the law, by the mayor or the president of the county council, in their capacity as state representatives in the administrative-territorial units. ... f) non-transmission within the period provided in art. 117 ^ 1 para. (1) to the Chamber of Public Notaries of the complaint for the opening of the succession procedure ... ------------ Lit. f) a par. ((1) of art. 118 118 was introduced by section 4.2. 2 2 of art. V of LAW no. 133 133 of 18 July 2012 , published in MONITORUL OFFICIAL no. 506 506 of 24 July 2012. (2) The finding of contraventions and the application of fines shall be made by the prefect, in his capacity as public authority, representative of the Government locally. ... ((. The provisions of this Article shall be duly completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ... + Chapter XII Public goods and works + Section 1 Asset management + Article 119 It constitutes patrimony of the administrative-territorial unit movable and immovable property belonging to the public domain of the administrative-territorial unit, its private domain, as well as the rights and obligations with patrimonial character. + Article 120 (1) It belongs to the public domain of local or county interest the goods that, according to the law or by their nature, are for use or of public interest and are not declared by law of use or of national public interest. ... (2) The goods that are part of the public domain are inalienable, unpredictable and indistinguishable. ... + Article 121 (1) The private domain of administrative-territorial units is made up of movable and immovable property, other than those provided in art. 120 120 para. (1), entered into their property by the modalities provided by law. ... (2) The goods belonging to the private domain are subject to the provisions of common law, unless otherwise provided by law. ... (3) Donations and legates with tasks can be accepted only with the approval of the local council or, as the case may be, of the county council, with the vote of most local or county councillors, as the case may be, in office ... (4) The change of buildings in the private domain of administrative-territorial units is made under the law, based on an evaluation report, appropriated by the local council. ... + Article 122 All assets belonging to administrative-territorial units shall be subject to annual inventory. The local and county councils are presented annually by the mayor, respectively by the president of the county council, a report on the situation of goods management. + Article 123 (1) Local councils and county councils decide that goods belonging to the public or private domain, of local or county interest, as the case may be, be given in the administration of autonomous regions and public institutions, to be leased or to be Rented. They decide on the purchase of goods or the sale of goods belonging to the private domain, of local or county interest, under the law. ... (2) The sale, concession and lease shall be made by public auction, organized under the law. ... (3) By way of derogation from the provisions of paragraph (2), if the local or county councils decide to sell a land owned by the administrative-territorial unit on which constructions are erected, their bona fide builders benefit from a right of pre-emption when buying land related to construction. The sale price shall be determined on the basis of an evaluation report, approved by the local or county council, as appropriate. ... (4) Construction owners provided in par. ((3) are notified within 15 days of the decision of the local or county council and may express their purchase option within 15 days of receipt of the notification. ... + Article 124 Local councils and county councils can put into free use, on a limited term, movable and immovable property public or private local or county or county, as the case may be, non-profit legal entities that carry out work. benefit or public utility or public services. + Section 2 Public works + Article 125 Local councils or county councils can contract by auction to carry out public utility works and services, within the limits of the amounts approved by the local and county budget. + Article 126 The construction and repair works of public interest, financed from the budgets of communes, cities, municipalities or counties, are executed only on the basis of technical-economic documentation approved or approved, as the case may be, by the local council or county council and only on the basis of a public tender, within the limits and under the conditions provided by law + Article 127 The urban planning and landscaping documentations on the commune, the city, the municipality and the county are elaborated, approved and financed in accordance with the provisions of the law. + Chapter XIII Transitional and final provisions + Article 128 Local or county councillors, as the case may be, mayors, deputy mayors, general mayor of Bucharest, mayors and deputy mayors of administrative-territorial subdivisions, presidents and vice-presidents of county councils, secretaries of units administrative-territorial and personnel from the specialized apparatus of the mayor, respectively of the county council, answer, as the case may be, contravention, administrative, civil or criminal for the acts committed in the exercise of their duties, in the law. + Article 129 Ilfov County is resident in Bucharest. + Article 130 Art. 57 57 para. ((4) and art. 101 101 para. (3) on the dismissal of deputy mayors, presidents and vice-presidents of county councils shall apply after the elections of the local public administration authorities in 2008. + Article 131 Art. 19 19, art. 39 39 para. ((7) and art. 76 76 para. ((2)-(4) are also applicable if, for different reasons, after the entry into force of this law, the share of citizens belonging to a national minority falls below the percentage provided in art. 19. + Article 132 *) The name of the specialized apparatus is replaced, in all normative acts in force, with the name of specialized apparatus. The name of the specialized apparatus of the local council is replaced, in all the normative acts in force, with the specialized apparatus name of the mayor. The name of the decentralized services of ministries is replaced, in all normative acts in force, with the name of the devolved public services of ministries and other specialized bodies of public administration Central. Note ... ---------- * *) art. 156 ^ 2, introduced by Law no. 286/2006 , published in the Official Gazette of Romania, Part I, no. 621 621 of 18 July 2006. ---------- + Article 133 (1) The present law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. ... (2) The same date shall be repealed Local Public Administration Law no. 69/1991 , republished in the Official Gazette of Romania, Part I, no. 79 of 18 April 1996, as amended, art. 15 15 para. ((2) lit. d) and art. 18 18 para. (2) sentence II of Law no. 393/2004 ** **) on the Statute of local elected officials, published in the Official Gazette of Romania, Part I, no. 912 of 7 October 2004, as amended, and any other provisions to the contrary. ... Note ... ---------- **) Repeal art. 15 15 para. ((2) lit. d) and art. 18 18 para. (2) sentence II of Law no. 393/2004 on the status of local elected officials was ordered by item 111 111 of art. I of Law no. 286/2006 , published in the Official Gazette of Romania, Part I, no. 621 621 of 18 July 2006. ---------- Note ... ---------- We reproduce below the provisions art. II of Law no. 286/2006 to amend and supplement Local public administration law no. 215/2001 ,, which is not incorporated into the republished text of the Law no. 215/2001 and which continue to apply as own provisions of the Law no. 286/2006 : "" Art. II. -(1) The secretaries of the communes who, on the date of entry into force of this law, have no higher education may keep their public office with the obligation that, within 3 years from the date of entry into force of this law, they shall complete a form of education Long-term superior in the specialty of legal sciences or public administration, under penalty of release from office. (2) By December 31, 2006, under the sanction of termination of the service report, they shall present documents proving their school situation, which will allow them to meet the obligation set out above within the deadline. " ... ---------- -------
