With regards to the establishment, the organization, and the function of the Authority responsible for the uniform application of Law No. 10/2001. Law No. 10/2001 deals with the judicial status of properties that were abusively confiscated by the Romanian state during the period between March 6, 1945 and December 22, 1989.
Issuer: THE GOVERNMENT
Published in: the OFFICIAL GAZETTE
No. 640 from October 12, 2001.
According to the stipulations of Art. 107 of the Romanian Constitution, of Art. 20 of Law No. 72/1996 dealing with public finances, with subsequent modifications, and of Art. 22 paragraph a) of the Budget Law for the year 2001, that is Law No. 216/2001,
The Government of Romania presents the following decision.
ARTICLE 1
(1) It is ordered that the Authority responsible
for the uniform application of Law No. 10/2001 will be founded. Law
No. 10/2001 deals with the judicial status of properties that were abusively
confiscated by the Romanian state during the period between March 6, 1945
and December 22, 1989. This Authority will be referred to as “the
Authority” thereafter.
(2) The Authority is a specialty organ
of the central public administration and is not a judicial entity (person).
The Authority is a subordinate of the Ministry for Public Administration.
Its role is to supervise the application of Law No. 10/2001 and to give
logistical and specialty support to judicial entities (persons) that hold
properties under the incidence of this normative act.
(3) The Authority has its headquarters
in Bucharest, Smardan Street No. 3, and Municipal District No. 3.
ARTICLE 2
(1) The Authority has the following main
attributions:
a)
The Authority gives advice and methodological assistance to the local and
central public administration organs, as well as to other judicial persons
that hold properties under the incidence of Law No. 10/2001. Such
properties are subject to restitution claims according to Law No. 10/2001
and the Authority must supervise the correct and uniform application of
this normative act.
b) The Authority must monitor the application
process of Law No. 10/2001.
c) The Authority must compile and keep
updated (current) following facts:
1.
Properties returned “in integrum”;
2. Notifications announcing monetary compensation,
and respectively the offers made by the holder to give monetary compensations;
3. Offers made by the holder to give equivalent
compensations, composed of other goods or services, stocks or titles with
a nominal value.
The documents described under lines 1-3 will be compiled based on the information provided by the county office or by the office of the City of Bucharest.
d)
The Authority creates the necessary database so that persons who received
compensations under international agreements described in the Annex of
Law No. 10/2001 or persons who received compensations under Law No. 112/1995
can be identified. In this sense, the Authority may request from
ministries and other central or local public administration organs, as
well as from other public institutions documents, data, and information.
These institutions must provide the requested information within 15 days
from the date it is requested.
e) Periodically presents to the Government,
through the Ministry of Public Administration, information regarding the
application status of Law No. 10/2001, based on the conclusions resulted
from the analysis of the situations presented under line c);
f) Elaborates and submits in order to
be adopted by the Government the proposed normative acts described by Law
No. 10/2001, with the exception of those normative acts that must be elaborated,
by law, by other authorities.
(2) The Authority fulfills any other role established by law or by Government decisions, as well as duties assigned by the Prime Minister.
ARTICLE 3
(1) The Authority is lead by a President,
who is a Secretary of State in the Ministry of Public Administration and
who is named by the Prime Minister through a decision, based on a recommendation
from the Minster of Public Administration.
(2) The President leads the entire activity
of the Authority. The President represents the Authority in its relationships
with the authorities of the local public administration, with the authorities
of the local and central administration, with the Romanian or foreign judicial
and physical entities (persons), as well as with the judicial system.
(3) By exercising his function, the President
issues individual orders.
ARTICLE 4
The organization and the functioning of
the Authority will be established by regulations approved through an order
of the Minister for Public Administration, within 15 days from the time
this decision enters into effect.
ARTICLE 5
(1) The Authority has 21 positions, excluding
the President.
(2) The organizational structure and the
positions within the Authority will be approved by an order of the Minister
for Public Administration, within the maximum limit of approved positions.
(3) Within the Authority services and
offices may be organized by order of the Minister of Public Administration,
based on a proposal from the President of the Authority.
ARTICLE 6
The funds necessary for the activity of
the Authority will be established annually through the Law of the State
Budget and will be provided through the budget of the Ministry of Public
Administration.
ARTICLE 7
(1) To secure the necessary funds for
the establishment and the organization of the Authority the budget of the
Ministry for public Administration will be supplemented with the sum of
1.5 billion lei, of which 500 million lei will be allocated for personnel
expenses, and 1 billion lei will be allocated for materials and services
expenses.
(2) The sum of 1.5 billion lei will be
secured from the Fund for Budget Reserves that is available to the Government
from the budget for 2001.
(3) The Ministry of Public Finances is
authorized to introduce corresponding modifications regarding the volume
and the structure of the state budget for 2001.
ARTICLE 8
(1) The salary for the public servants
and for the contract personnel from the own resources of the Authority
will paid according to the law.
(2) The activities related to accounting,
to the periodic reports, as well as activities related to human resources
will be realized through the specialty compartments of the Ministry of
Public Administration.
ARTICLE 9
(1) In each county and in the City of
Bucharest, a County Office respectively a City of Bucharest Office will
be established. The function of this office will be to supervise
the uniform application of Law No. 10/2001.
(2) The County Office, respectively
the City of Bucharest Office, will be organized and will function under
direct subordination to the Prefect. The office will fulfill its
activity in the office spaces that the Prefect and the President of the
County Council will make available.
(3) The County Office, respectively, the
City of Bucharest Office, will be composed of 3-5 specialists from the
judicial, economic, financial, and administrative field. The specialists
will be named through an order of the Prefect based on proposals from decentralized
public services of the ministries or of other central organs that exist
at county level, or respectively in the City of Bucharest.
(4) During the period the personnel is
active within the County Office, or respectively the City of Bucharest
Office, the personnel maintains its original job within the institutions
of origin. The institutions of origin must pay the salaries for the
personnel.
ARTICLE 10
(1) The County Office, respectively the
City of Bucharest Office, centralizes the data from its territory that
pertains to judicial entities (persons) holding properties that fall under
the incidence of Law No. 10/2001. The office compiles the data sheets
required by Article 2, paragraph (1), line c). The office then transmits
this information to the Authority at the time and via the methods requested
by the Authority.
(2) The County Office, respectively the
City of Bucharest Office, fulfills the following role:
a)
Monitors the correct and uniform application of Law No. 10/2001;
b) Receives and distributes within its
territory the regulations formulated by the Authority;
c) Compiles and communicates to the Authority
all requested data;
ARTICLE 11
Annex No. 2 – The central public authorities
subordinated to the Ministry of Public Administration – at the Government
Decision No. 8/2001 regarding the establishment, the organization, and
the function of the Ministry for Public Administration, published in the
Official Gazette of Romania, Part I, No. 15 from January 10, 2001, the
following sentence will is added to position no. 5:
"5. The Authority for the supervision
of the uniform application of Law No. 10/2001”.
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PRIME MINISTER
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Additional Signatures:
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ADRIAN NASTASE
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The Minister for Public
Administration
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Octav Cozmanca
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The Minister for Public
Finances
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Mihai Nicolae Tanasescu
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