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| The Law on organization and functioning |
Law no. 202/1998
Law no. 202*
of 9 November 1998
regarding the organization of "Monitorul Oficial" of Romania
Published in the Official Gazette no. 423 of 10 November 1998
CHAPTER I
General Provisions
Article 1. – The Official Gazette of Romania is the official publication of the Romanian state, in which the documents provided by the Constitution, by the present law or by other statutory instruments, shall be published.
Article 2. – The publisher of the Official Gazette of Romania shall be the Chamber of Deputies.
Article 3. – The publication of the Official Gazette of Romania represents a public service assured by "Monitorul Oficial" Autonomous Régie which shall function within the jurisdiction of the Chamber of Deputies.
CHAPTER II
The structure of "Monitorul Oficial" of Romania
Article 4. – "Monitorul Oficial" of Romania shall consist of seven parts, structured according to the character of the documents subjected to publication**.
Article 5. – The following categories of documents shall be published in Part I:
A. legal documents of the Parliament:
a) laws, decisions and motions;
b) decisions and motions of the two Chambers of the Parliament;
B. documents with a political character of the Parliament and of the two Chambers;
C. decisions of the Chamber of Deputies and the Senate presidencies;
D. documents of the President of Romania:
a) decrees;
b) messages and other documents addressed to the Parliament;
E. documents of the Government:
a) decisions, except for those with a military character;
b) ordinances issued on the grounds of a special law of authorization;
c) emergency ordinances;
d) declarations of general policy and other such declarations;
F. statutory instruments of the professional bodies of the Central Public Administration subordinated to the Government, according to their function provided by the law, adopted with the purpose of organizing the execution of the law;
G. statutory instruments adopted by the autonomous administrative authorities and other public authorities, according to their function provided by the law, with the purpose of organizing the execution of the law;
H. decisions and notifications of the Constitutional Court;
I. decisions pronounced by the United Sections of the Supreme Court of Justice, as a result of solving the appeals in the interest of the law;
J. statutory instruments adopted by legal persons – other than the public authorities – which were authorized by the law to assure the execution of some laws;
K. other documents which, according to some clauses, are being published in the Official Gazette of Romania, Part I.
Article 6. – Part II shall publish:
A. minutes of the sessions of the Chamber of Deputies and the Senate;
B. minutes of the common sessions of the Chamber of Deputies and the Senate;
C. synthesis of the permanent commissions’ papers of the Chamber of Deputies and the Senate;
D. reports and accounts presented to the Parliament by the public authorities, according to the Constitution or other laws, after they have been discussed by the Parliament.
Article 7. – Part III shall publish, on the grounds of certain clauses, legal decisions, legal documents, writings, communications, notices and others.
Article 8. – Part IV shall publish, on the grounds of some clauses, legal documents with reference to business enterprises and other categories of legal persons, as well as other acts provided by clauses.
Article 9. – Part V shall publish the collective labour agreement concluded at a national level and at a branch level, the conventions and recommendations of the International Labour Organisation, as well as other documents provided by clauses.
Article 91. – Part VII shall publish, on the grounds of some clauses, legal documents with reference to cooperative societies and other categories of legal persons established by the cooperative societies, as well as other documents with reference to cooperation, provided by clauses.***
Chapter III
The procedure for the publication of documents in the Official Gazette of Romania
Section 1
Publication
Article 10. – The documents which are published in the Official Gazette of Romania, Part I shall be forwarded to the Secretary General of the Chamber of Deputies, in authorized copy, by the issuing authorities, bearing the signature of their leader or his representative.
The Secretary General of the Chamber of Deputies shall transmit to "Monitorul Oficial" Autonomous Régie for publication the documents provided for in paragraph 1.
Article 11. – The issuing authorities shall have the obligation to transmit to the Secretary General, in writing, without delay, data, information and specifications requested by him or by "Monitorul Oficial" Autonomous Régie, necessary to comply with the publication requirements.
Article 12. – The revocation of the documents from publication shall be done only by the person who requested the publication, with the approval of the Secretary General and meeting the due expenses made by "Monitorul Oficial" Autonomous Régie in the process of publication.
Section 2
Republication and rectification of acts
Article 13. – The amended and/or complete statutory instrument shall be republished only on the precise grounds of the provision in the document of amendment and/or completion.
The republication of the statutory instruments shall be done in the Official Gazette of Romania, Part I, by courtesy of the public authority who issued the document of amendment and/or completion. The date of the republication may be simultaneous with the date of the publication of the document of amendment and/or completion or, in particular cases, subsequent to this.
The republication of the statutory instruments of amendment and/or completion by Government ordinances shall be done only after the latter’s approval by the Parliament.
Article 14. – The republication of the statutory instruments shall be done with the approval of the Secretary General of the Chamber of Deputies, based on the previous notification of the Legislative Council.
Article 15. – If, after the publication of the statutory instrument, material errors are discovered, a rectification shall be published at the request of the issuing body, addressed to the Secretary General of the Chamber of Deputies.
The rectification shall be done with the previous notification of the Legislative Council.
It shall be banned, under the sanction of nullity, the amendment of statutory instruments’ provisions by resorting to rectification.
Section 3
Publication Expenses
Article 16. – In the case of the documents whose publication is provided by the Constitution, as well as in the case of the documents published in Part II, "Monitorul Oficial" Autonomous Régie shall meet the publication expenses out of their own budget.
Article 17. – The expenses for the publication of other documents shall be met by the issuing authorities, on the basis of the tariffs approved annually by the Permanent Office of the Chamber of Deputies, at the proposal of "Monitorul Oficial" Autonomous Régie.
CHAPTER IV
Final Provisions
Article 18. – The Official Gazette of Romania, Part I, shall be published, in translation, also in Hungarian.
Article 19. - The publication procedure in Parts I-V, the procedure of republication and rectification, as well as the procedure of some statutory instruments in special numbers, in limited edition, shall be provided by the Secretary General of the Chamber of Deputies.
Article 20. – The reproduction of laws and of other statutory instruments shall be done only according to texts published in the Official Gazette of Romania.
Article 21. – The present Law shall come into force within 30 days following the date of its publication in the Official Gazette of Romania, Part I.
Article 3 paragraph 1-3 of Government Decision no. 358/1991, on the establishment and organization of "Monitorul Oficial" Autonomous Régie and chapter IV "The Organization of the company" in "Monitorul Oficial" Autonomous Régie Regulations on Organization and Functioning, appendix to the decision, republished in the Official Gazette of Romania, Part I, no. 95 of April 13, 1994, as well as any other opposite provisions shall be repealed on the same date, and Article 3 letter a) in the Regulations shall be adequately amended.
This law has been adopted by the Chamber of Deputies during the session of September 8, 1998, with the observance of the provisions in Article 74 paragraph 2 in the Romanian Constitution.
p. President of the Chamber of Deputies,
Adrian Năstase
This Law was adopted by the Senate during the session of October 6, 1998, with the observance of the provisions in Article 74 paragraph 2 in the Romanian Constitution.
p. President of the Senate,
Ulm Spineanu
Bucharest, November 9, 1998.
No. 202
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*Law No. 202/1998 was amended and completed by means of the Law no. 1/2005, published in the Official Gazette no. 172 of February 28, 2005.
**Amended.
For Part VI of the Official Gazette of Romania see the provisions of G.E.O. No. 34/2006, published in the Official Gazette no. 418 of May 15, 2006 (with the subsequent amendments and completions).
***Inserted.
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Monitorul Oficial Archive
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