The key provisions in the new Administrative Code passed by the Chamber of Deputies

Ovidiu Posirca 10/07/2018 | 12:38

MPs have approved on Monday evening the new Administrative Code that has to be signed into law by president Klaus Iohannis before becoming applicable.

Here are the main provisions in the code:

One of the amendments in the draft bill states that “Authorities and institutions of the central public administration, as well as its staff, have the obligation to implement the governing program approved by the Parliament”.

Another provision says that the prefect is the representative of the government at local level and allows MPs to be named in this role at the end of their term. Furthermore, a former MP can become prefect without a test and without the experience required in the case of other candidates. Moreover, the prefect is not obliged to publish on the website of the institution the points of view issued by various organizations within the local administration with the purpose of applying the legislation in a unitary manner.

The MPs amended the draft Code to establish a special pension for local elected representatives, calculated within three mandates, as the product of the mandate months with 0.40 percent of the monthly gross indemnity payable for the function. Mayors, deputy mayors, presidents and vice-presidents of county councils, elected since 1992, will be beneficiaries of these pensions.

The updated draft bill states that the mayor, vice mayor, the president and vice president of the local council can be sole traders or work in a family business. The provisions regarding conflict of interest stay in place, meaning that a local elected official can’t pass any measure that can provide direct/indirect advantage for him/her or their families.

The mandate of local counselor will be validated without him/her proving through a final court decision that he/she is not convicted. The code includes the creation of a management position for auxiliary services provided at local level – such as the local environment administration.

In the case of surface resources, the royalty earned is distributed 40 percent to the local budget, 40 percent to the budget of the locality where the exploitation exists and only 20 percent to the state budget, according to profit.ro

In the case of the leasing of state assets, the tender can be organized if there are at least two valid offers.

In places where national minorities have a share of over 20 percent of the number of inhabitants, local authorities will also have to use the language of the minorities in relation with them.

Another provision of the code states that local authorities will use e-mail addresses with domains set by the Service of Special Telecommunications.

The draft Code also provides that as of January 1, 2020, the public administration will no longer use the seal of the public authorities and institutions, the certification of authenticity and the legal force of the acts being given by the signature of the competent person.

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