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Rules of Procedure of the Chamber of Deputies

( *) Republished on the grounds of art. II of the Decision of the Chamber of Deputies no. 59/2021 on amending and supplementing the Regulations of the Chamber of Deputies, published in the Official Gazette of Romania, Part I, no. 639 of June 29, 2021, giving the texts a new numbering.
CHAPTER I Organization of the Chamber of Deputies | |
SECTION I Establishment of the Chamber of Deputies | |
Art. 1 The newly elected Chamber of Deputies meets on the day and at the time established by the act of convocation issued by the President of Romania, in accordance with the provisions of the Constitution of Romania, republished. | |
Art. 2 (1) Until the election of the Standing Bureau, the works of the Chamber of Deputies are led by the oldest deputy, as senior president, assisted by the youngest 4 deputies, as secretaries. (2) The impossibility of exercising the attributions by the Senior President or by one or more secretaries provided for in par. (1) entails de jure their replacement with the oldest deputy or, as the case may be, with the youngest deputies amongst those present. (3) Within time frame provided for in par. (1) parliamentary debates cannot take place, except for those concerning the validation of the deputy's mandates. | |
Art. 3 (1) For the validation of the mandates, the Chamber of Deputies elects in its first session a committee composed of 30 deputies, which should reflect the political configuration of the Chamber of Deputies, as it results from the constitution of the parliamentary groups. (2) The validation committee shall function for the entire term of office of the Chamber of Deputies. | |
Art. 4 (1) The number of deputies to be appointed to the Validation Committee by each parliamentary group shall be determined according to the proportion of its members in the total number of deputies. (2) The proposals for establishing the number of deputies that belong to each parliamentary group are made, under the conditions of art. 13, by the leaders of these groups and are sent to the secretaries of the Chamber of Deputies. (3) The Senior President presents these proposals to the Chamber in an descending order of the number of members of the parliamentary groups, and the plenary of the Chamber of Deputies decides regarding them through the vote of the majority of the deputies present. (4) Proposals for the nominal composition of the Validation committee are made by the parliamentary groups, within the limits of the approved number of seats. (5) The composition of the Validation committee is approved through the vote of the majority of the deputies present. | |
Art. 5 The validation committee elects a President, a vice-President and a secretary, who make up the committee's bureau, and is organized in 9 working groups, composed of 3 members each, respecting the proportion provided in art. 4 para. (1). | |
Art. 6 (1) The Bureau of the Validation committee distributes to the working groups the files related to the election of the deputies, received from the Central Election Bureau, except for those regarding the members of the working groups. (2) The verification of the legality of the election of the deputies that make up the working groups is done by the office of the Validation committee. (3) The Bureau of the Validation committee and the working groups are obliged to submit to the committee proposals regarding the validation or invalidation of the deputy's mandates, in writing, within maximum 3 days from the constitution of the committee. These proposals shall be adopted by a majority of the members of the Bureau or of the working groups. (4) After the expiration of the term of 3 days, the discussion of the unresolved files is done in the plenary of the Validation committee. (5) The validation committee verifies and decides in the following situations:
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Art. 7 (1) The validation committee, within 4 days from its constitution, draws up a report in which the deputies will be nominated for which it is proposed to validate, invalidate or, as the case may be, postpone the validation of the mandates, with brief motivation of the proposals. invalidation or postponement. (2) The validation committee proposes the validation of the mandates of the deputies whose files are complete and finds that the election of the respective deputies was made in accordance with the legal provisions. (3) The validation committee proposes to invalidate the election of a deputy if, from the documents communicated by the competent electoral bureaus, it finds a violation of the legal provisions regarding the observance of the conditions regarding the exercise of the right to be elected *) and / or if it finds that there is a decision sentence of conviction, which remained final, for the committee by the respective deputy of a crime related to the conduct of the electoral process. (4) The postponement of the validation of a deputy's mandate is proposed by the Validation committee to the plenary of the Chamber of Deputies, for a later date, if all the aspects related to the settlement of some appeals could not be clarified within the stipulated term and if the deputy concerned required by the legislation in force for the validation of his mandate. Within a maximum of 10 days from the clarification of the issues that justified the postponement, the Validation committee will propose the validation or invalidation of the mandate, as the case may be. | |
Art. 8 The report is approved by the Validation committee with the vote of the majority of its members. | |
Art. 9 (1) The Chamber of Deputies meets in session, by law, within 5 days from the constitution of the Validation committee, for the debate of its report. (2) The report of the Validation committee shall be presented by its president to the plenum of the Chamber of Deputies | |
Art. 10 (1) In the case of deputies for whom there are no grounds for invalidation according to art. 7 para. (3)*), a list with their name and surname shall be drawn up, on electoral constituencies, on which the Chamber of Deputies shall decide by a single vote. In the case of the deputies for whom the invalidation of the mandate was proposed, the Chamber of Deputies debates and decides by vote for each case. (2) The validation or invalidation of the deputy mandates is done with the vote of the majority of the deputies present. *) See the footnote corresponding to the asterisk in art. 7 para. (3). | |
Art. 11 (1) The Chamber of Deputies is legally constituted after the validation of two thirds of the mandates of deputies and after the taking of the oath by them. (2) The deputies who refuse to take the oath are considered invalid. The refusal to take the oath is ascertained by the President of the meeting. | |
Art. 12 (1) After the legal meeting of the Chamber of Deputies and the validation of the mandate, each deputy is obliged to submit the declaration of assets and the declaration of interests, according to the law. (2) The deputies elected as a result of the organization of by-elections have the obligation to submit the declaration of assets and the declaration of interests at the beginning of the mandate and after validation, according to the law. (3) Deputies have the obligation to submit the declaration of assets and the declaration of interests at the beginning and at the end of the term, including if it takes place before the deadline. (4) The declaration of assets and the declaration of interests shall be completed in person, dated, signed in handwriting and submitted to the person designated for this purpose by the Secretary General of the Chamber of Deputies, who shall issue the acknowledgment of receipt. (5) The declaration of assets and the declaration of interests are published on the website of the Chamber of Deputies, according to the law. (6) Deputies have the obligation to update annually the declaration of assets and the declaration of interests, in accordance with the law. (7) Under the conditions of par. (1) and (2), the deputies submit together with the declaration of assets and the declaration of interests, to the general secretary of the Chamber of Deputies, a curriculum vitae. It is published on the website of the Chamber of Deputies in the presentation section of each deputy. | |
SECTION 2 Parliamentary groups | |
Art. 13 (1) The parliamentary groups are structures of the Chamber of Deputies composed of at least 10 deputies. They may consist of deputies who have run in elections on the list of the same political party, of the same political party, on the lists of a political alliance or electoral alliance, and of deputies who have run as independents. Deputies representing the organizations of citizens belonging to national minorities, who have obtained the mandate of deputy in accordance with art. 62 para. (2) of the Constitution of Romania, republished, may constitute a single parliamentary group. (2) deputies of a political party or political party may form only one parliamentary group. (3) deputies who have run on the lists of a political alliance or electoral alliance and belong to different political parties may form their own parliamentary groups of the political parties to which they belong. (4) The parliamentary groups of some political parties that merged during a legislature constitute a single parliamentary group under the name of the newly merged party, starting with the date of the final decision on the formation of the new party. (5) The deputies of political parties, political formations, political alliances or electoral alliances, as well as independent deputies who do not meet the necessary number to form a parliamentary group may meet in mixed parliamentary groups or may join other parliamentary groups constituted according to par. (1). (6) deputies who leave the parliamentary group to which they belong become unaffiliated deputies, if they do not join another parliamentary group. deputies who remain unaffiliated cannot form a parliamentary group. (7) If new parliamentary groups are formed, they are presented to the plenary by their leaders at the beginning of the parliamentary session. | |
Art. 14 (1) The deputies who did not become members of some parliamentary groups constituted at the first meeting of the Chamber of Deputies, as well as the deputies who did not affiliate themselves to some groups constituted in accordance with art. 13 para. (1) after their parliamentary groups have been dissolved, after they have left the parliamentary group of which they were members or after they have been excluded or resigned from the party, they become unaffiliated deputies and have the following rights:
(2) The deputies provided in par. (1) shall be made available for common use, by the Secretary General, on the basis of the decision of the Standing Bureau, a meeting room, adequate logistics, a car and technical staff composed of a driver and a secretary. | |
Art. 15 (1) In its first sitting, each parliamentary group, after the constitution, shall proceed to the appointment of its own leadership composed of the leader and, as the case may be, of one or more vice-leaders and one or more secretaries. (2) The procedure provided in par. (1) shall be resumed at the beginning of each ordinary session. (3) The leader of the parliamentary group has the following attributions: a) presents to the Chamber of Deputies the name of the parliamentary group its numerical, nominal composition and management, as well as any changes that occur during the term of office; b) proposes to the Chamber of Deputies the representatives of the parliamentary group in the Validation committee; c) represents the parliamentary group and negotiates on its behalf; d) nominates the representatives of its parliamentary group in the standing committees of the Chamber of Deputies, in its special or committees of inquiry or in the joint committees of the Chamber of Deputies and the Senate; e) nominates the representatives of its parliamentary group in the institutions or public authorities subordinated to the Romanian Parliament, in the interparliamentary friendship groups, in international parliamentary structures to which Romania is a party; f) makes proposals and presents the candidates of its parliamentary group for leadership positions and for its representatives in various structures of the Chamber of Deputies, functions that belong to it de jure, according to the weight of its parliamentary group in the political configuration of the Chamber of Deputies and negotiations between group leaders; g) calls for the removal from office or replacement of the representatives of his parliamentary group in the structures of the Chamber of Deputies; h) participates in the meetings of the Standing Bureau of the Chamber of Deputies and in its debates without having the right to vote; i) may request the plenum of the Chamber of Deputies: break for consultations, verification of the quorum, holding non-public meetings of the plenum, conclusion of debates in the Chamber of Deputies and modification of the work schedule; j) informs the members of its parliamentary group on the activities of the Chamber of Deputies and its structures; k) nominates the representative (s) of his/her parliamentary group participating in the debates; l) presents the amendments of its parliamentary group to the draft laws and legislative proposals under debate in the standing committees of the Chamber of Deputies; m) proposes that a draft law or legislative proposal be referred back to committee, in accordance with this Regulation; n) proposes to the plenum of the Chamber of Deputies the method of voting; o) may present, in the plenary of the Chamber of Deputies, the point of view of its parliamentary group on the request for the detention, arrest or search of one of its members or on the request for criminal prosecution of a minister who is a member of the own group; p) he may delegate his duties to one of the members of the leadership of his parliamentary group; In their absence, their duties may be delegated to any member of the group. (4) One of the deputy leaders of the parliamentary group automatically replaces the leader in his absence or whenever necessary. In the absence of both the leader of the parliamentary group and the deputy leaders and his secretary, the parliamentary group shall decide on the appointment of a replacement during their absence. (5) The secretary of the parliamentary group keeps records of the presence of the group's deputies, ensures the drafting of the minutes and fulfils any other attributions that are established by the parliamentary group to which he belongs. | |
Art. 16 In the first sitting of the Chamber of Deputies, the parliamentary groups are presented in the order of their size, resulting from the elections. | |
Art. 17 (1) The parliamentary groups, depending on their share in the Chamber of Deputies, have at their disposal staff employed for secretarial and specialized work, the necessary logistics for carrying out the activity and cars, according to the decision of the Standing Bureau. (2) The appointment and change of staff of the employed staff shall be made at the proposal of the leader of the respective parliamentary group, in accordance with the law. If an employee working for the parliamentary group is no longer approved by the parliamentarians of that group or if that parliamentary group is dissolved, the employee or employees of that parliamentary group will be transferred to equivalent positions, by the Secretary General of the Chamber of Deputies. (3) If two or more parliamentary groups meet in a single parliamentary group as a result of the merger of the parties they represent in the Chamber of Deputies, starting from the date of finality of the judgment on the merger, the staff employed for secretarial and specialized work, as well as the necessary logistics in order to carry out the activity and the cars allocated to the parliamentary groups that met will be distributed to the new parliamentary group resulting according to art. 13 para. (4), in compliance with the norms approved by the Standing Bureau, as well as the weight of the parliamentary group. | |
Art. 18 The President of the Chamber of Deputies together with the leaders of the parliamentary groups allocates, at the beginning of the first session of the legislature, the seats in the sitting room for each parliamentary group. | |
Art. 19 (1) The formation of parliamentary groups of some parties that did not obtain mandates after the elections is prohibited. (2) The parties that obtained mandates after the elections and merged during a legislature constitute a single parliamentary group. | |
Art. 20 (1) Any change in the composition of a parliamentary group shall be brought to the notice of the President of the Chamber of Deputies under the signature of the leader of the group and, as the case may be, of the deputy who changes his membership of the parliamentary group. (2) The President of the Chamber of Deputies informs the deputies, in the first public sitting, on the changes in the composition of the parliamentary groups. (3) Every Member has the right to bring to the notice of the plenum of the Chamber of Deputies any change regarding his membership in a parliamentary group. | |
SECTION 3 Election of the President of the Chamber of Deputies and of the other members of the Standing Bureau | |
Art. 21 (1) After the legal constitution of the Chamber of Deputies, the president of the Chamber of Deputies and then the other members of its Standing Bureau shall be elected. (2) The President of the Chamber of Deputies is part of the Standing Bureau of the Chamber of Deputies and is its President. The Standing Bureau of the Chamber of Deputies also includes 4 vice-presidents, 4 secretaries and 4 quaestors. (3) The distribution of the functions in the Standing Bureau of the Chamber of Deputies on each parliamentary group is made following the negotiations between the leaders of the parliamentary groups, respecting the political configuration of the Chamber of Deputies The distribution of these functions is approved by the plenum of the Chamber of Deputies with the free vote of the majority of the deputies present. The vote is expressed according to art. 125 para. (2) or art. 131 para. (1). (4) The office of President of the Chamber of Deputies and of the other members of the Standing Bureau shall cease before the expiry of the term of office, following the revocation under these rules, or shall cease de jure, in the following situations: a) in case of resignation, on the date mentioned in the resignation request; b) in case of termination of the quality of deputy, on the date provided in art. 7 of Law no. 96/2006 on the Statute of deputies and senators, republished, with subsequent amendments and completions; c) in case of loss of membership of the parliamentary group to which the office belongs and which proposed him for that office, on the date specified by the Member of Parliament or the leader of that group, as the case may be; d) in case of loss of political support, according to art. 32 para. (3) of Law no. 96/2006, republished, with the subsequent amendments and completions, on the date of informing the plenum of the Chamber of Deputies about the legal termination of the quality of member of the Standing Bureau. | |
Art. 22 (1) The President of the Chamber of Deputies is elected during the mandate of the Chamber, by secret ballot, with ballot papers on which are inscribed, in alphabetical order, the name and surname of all the candidates proposed by the parliamentary groups. Each parliamentary group can make only one proposal. (2) The candidate who gathered the vote of the majority of the present deputies is declared elected president of the Chamber of Deputies, provided that the legal quorum is observed. (3) If no candidate has obtained the vote of the majority of the deputies present, a new ballot is organized, in which the two candidates who obtained the highest number of votes participate. | |
Art. 23 With the election of the president of the Chamber of Deputies, the activity of the Senior President elected according to art. 2 ceases de jure. | |
Art. 24 (1) The election of the vice-presidents, secretaries and quaestors that compose the Standing Bureau is made at the proposal of the parliamentary groups, in accordance with their weight according to the political configuration of the Chamber of Deputies and the negotiation of the leaders of the parliamentary groups. 21 para. (3). (2) The nominal proposals for the functions provided in par. (1) are made by the leaders of the parliamentary groups, within the limit of the number of seats established according to art. 21 para. (3). The list of candidates proposed for the Standing Bureau shall be submitted entirely to the vote of the Chamber of Deputies and is approved by a free vote of the majority of the deputies present. The vote is expressed according to art. 125 para. (2) or art. 131 para. (1). | |
Art. 25 The vice-presidents, secretaries and quaestors of the Chamber of Deputies are elected at the beginning of each ordinary session, at the nominal proposal presented to the plenary by the parliamentary groups to which the respective seats have been distributed, in accordance with the provisions of art. 24. In the event of a change in the political configuration of the Chamber of Deputies, the leaders of the parliamentary groups will renegotiate the functions of the Standing Bureau. | |
Art. 26 The President of the Chamber of Deputies may be revoked before the expiration of the mandate, with the vote of the majority of the deputies present, with the assurance of the legal quorum. The vote is secret and is expressed by ballots. The revocation proposal is made in writing by the leader of the parliamentary group that proposed him and to which belongs the position of president of the Chamber of Deputies. | |
Art. 27 (1) The proposal for revocation of the president of the Chamber of Deputies shall be submitted to the Standing Bureau, which verifies the fulfilment of the conditions provided in art. 26, and introduces in the draft agenda of the next sitting of the Chamber of Deputies the revocation proposal. During the debate on the revocation proposal, the group leader who requested the revocation and, upon request, a representative of the other parliamentary groups and the president of the Chamber of Deputies will speak. (2) The President of the Chamber of Deputies whose revocation has been requested may not chair the sitting of the Standing Bureau or of the plenary session in which his revocation is being discussed. He shall be replaced by the vote of the Standing Bureau of the Chamber of Deputies by one of the Vice-Presidents. (3) If the revocation proposal is approved by the plenum of the Chamber of Deputies, the election of a new president is organized, in accordance with the provisions of art. 22. | |
Art. 28 (1) The dismissal of any of the other members of the Standing Bureau of the Chamber of Deputies may be requested by the parliamentary group that proposed it and shall be approved by the vote of the majority of the deputies present. The proposal for revocation shall be made in writing by the leader of the parliamentary group concerned. The vote is secret and is expressed by ballots. (2) - The proposal for revocation shall be submitted to the Standing Bureau, which verifies the fulfilment of the conditions provided in art. (1, and introduces in the draft agenda of the next sitting the revocation proposal. The debate on the revocation proposal will be carried out in compliance with the provisions of art. 27 para. (1). (3) The members of the Standing Bureau of the Chamber of Deputies who have been requested to revoke may not lead or, as the case may be, may not participate in the conduct of the work of the Standing Bureau or of the plenary session of the Chamber of Deputies discussing their revocation; they shall be replaced, by the vote of the Standing Bureau, by one of the members of the Standing Bureau who meets the regulatory requirements, but may be present as an interested party. (4) If the revocation proposal is approved by the plenum of the Chamber of Deputies, the election of a new member of the Standing Bureau is organized, at the proposal of the group to which the respective position belonged, respecting the political configuration of the Chamber of Deputies, in accordance with art. 24. (5) In the cases provided in art. 21 para. (4), the sitting president of the Chamber of Deputies takes note of the situation of legal termination of the quality of president of the Chamber of Deputies and member of the Standing Bureau and submits to the vote of the plenum of the Chamber of Deputies the adoption of the vacancy decision. (6) If a parliamentary group in the Chamber of Deputies has been disbanded, the functions of that parliamentary group shall be redistributed to the remaining parliamentary groups in proportion. (7) If two or more parliamentary groups meet in a single parliamentary group as a result of the final merger of the parties they represent in the Chamber of Deputies, then the functions held by each parliamentary group prior to the merger will be assigned to the new group. parliamentary result according to art. 13 para. (4). At the beginning of each parliamentary session, the functions assigned to the parliamentary groups are renegotiated in accordance with the political configuration of the Chamber of Deputies. | |
Art. 29 Art. 29. - (1) The position of president of the Chamber of Deputies, which became vacant during the legislature for reasons other than revocation, is held in accordance with the provisions of art. 22. (2) The other positions in the Standing Bureau of the Chamber of Deputies that became vacant during the session shall be filled at the proposal of the parliamentary group to which the respective positions have been assigned, under the conditions provided in art. 24. | |
Art. 30 At the same time with the election of the Standing Bureau of the Chamber of Deputies, at the beginning of the legislature, the activity of the secretaries appointed under the conditions of art. 2 para. (1) ceases. | |
Art. 31 The decisions provided for in art. 1-30 shall be adopted by free vote, unless otherwise provided. | |
SECTION 4 Standing Bureau of the Chamber of Deputies and the Committee of Leaders of Parliamentary Groups | |
Art. 32 (1) The Standing Bureau of the Chamber of Deputies has the following attributions: a) proposes to the Chamber the start date and the end date of the parliamentary sessions; b) calls on the President of the Chamber to convene an extraordinary session; c) submits to the Chamber of Deputies for approval its regulations, as well as proposals for amendments; d) presents to the Chamber of Deputies for approval its draft budget and the closing account of the budget year. The draft budget is distributed both in electronic format and printed together with the substantiation note and its annexes, at the deputies' boxes, at least 7 days before the date of submission for approval to the plenary of the Chamber; e) prepares and ensures the development in good conditions of the works of the Chamber of Deputies; f) receives in electronic form and ensures the dissemination on the website of the Chamber of Deputies of draft laws, legislative proposals, draft decisions of the Chamber of Deputies, amendments received from the Government and reports of parliamentary committees, in order of their submission to the General Secretariat of the Chamber of Deputies; g) decides, in the case of legislative initiatives, to retain them for debate and adoption as the first notified Chamber or to send to the Senate those for which the Chamber of Deputies is the decision-making Chamber; h) broadcasts in the boxes of deputies the work program, the agenda, the information on the legislative initiatives registered at the Standing Bureau of the Chamber of Deputies, the draft decisions of the Chamber of Deputies, the adopted laws on which the deputies can notify the Constitutional Court, as well as other documents that are not mentioned at letter f); i) draws up the draft agenda for the sittings of the Chamber of Deputies and its work program, which it submits to the Committee of Leaders of the Parliamentary Groups for debate and approval; j) resolves any notification regarding the situation of incompatibility, vacancy, blockage, obstruction or abusive behaviour on the part of the bureau of the committee or of a group of deputies of a permanent committee, unresolved by the respective committee; k) performs its duties in connection with the parliamentary examination of draft legislative acts and draft legislative nature of the European Union, as well as other documents in the field of European affairs, according to this regulation; l) organizes the Chamber's relations with the parliaments of other states and with parliamentary organizations on the basis of consultation, depending on the nature of the actions envisaged, of the Steering Committee of the Romanian Interparliamentary Union Group, parliamentary groups, the Foreign Policy Committee and other standing committees. Chamber of Deputies on the established measures, including regarding the nominal composition of the delegations; m) submits for approval to the Chamber of Deputies the composition of the permanent delegations to the world or regional parliamentary organizations, based on the consultation of the parliamentary groups and respecting the political configuration of the Chamber; n) approves and submits to the approval of the plenum of the Chamber of Deputies the organizational structure and the list of functions of the services of the Chamber of Deputies; o) approves the Regulation on the organization and functioning of the services of the Chamber of Deputies; p) adopts, in compliance with the legal and regulatory provisions, decisions regarding its activity, the activity of the deputies and of the staff of the Chamber; the decisions of the Standing Bureau shall be published on the website of the Chamber of Deputies, except for those containing classified information; r) leads and controls the services of the Chamber of Deputies; s) approves the regulation on the guarding and access of persons in the seat of the Chamber of Deputies; º) proposes to the Chamber of Deputies the appointment of the general secretary and 3 deputy general secretaries; t) fulfills any other attributions provided by the present regulation, other legal dispositions or assignments given by the Chamber of Deputies. (2) The appointment or replacement of the staff employed at the Chancellery of the President of the Chamber of Deputies and at the offices of the members of the Standing Bureau of the Chamber of Deputies is made at the request or with the consent of the respective member of the Standing Bureau, as the case may be. Each member of the Standing Bureau of the Chamber of Deputies establishes the duties of parliamentary civil servants in his office, verifies the fulfillment of these duties and their inclusion in the work program, grants annual grades, proposes promotion, award of merit salary and other rights in accordance with the legal provisions. (3) The materials on the agenda of the Standing Bureau shall be approved or rejected by a majority of those present. (4) The representative of the Government for the relationship with the Parliament, the leaders of the parliamentary groups, participates in the works of the Standing Bureau constituted in the Chamber, and the chairs of the permanent committees of the Chamber of Deputies participate in the works related to the activities of the committees. (5) The work of the Standing Bureau of the Chamber of Deputies is carried out in the presence of the majority of its members. (6) The debates in the Standing Bureau are recorded in transcripts and are published on the website of the Chamber of Deputies, except for those declared confidential. The agenda of meetings of the Standing Bureau of the Chamber of Deputies and materials approved or rejected by it shall also be published on the website, except for those containing classified information. The publication on the website of the Chamber of Deputies is made within 10 days from the date of the sitting. (7) Deputies may consult the transcripts or obtain a copy thereof, except for those declared confidential by the Standing Bureau, which may be consulted only. | |
Art. 33 (1) The Standing Bureau of the Chamber of Deputies shall be convened at the request of the President of the Chamber or at the request of at least 4 of its members. (2) The President of the Chamber of Deputies has the obligation to convene the Standing Bureau at least once a week, usually on Wednesday. | |
Art. 34 The President of the Chamber of Deputies has the following attributions: a) convenes the deputies in ordinary or extraordinary sessions, according to the provisions of the present regulation; b) leads the proceedings of the plenum of the Chamber of Deputies, assisted by 2 secretaries, and ensures the maintenance of order during the debates, as well as the observance of the provisions of the present regulation; c) gives the floor, moderates the discussions, summarizes the issues under debate, establishes the order of voting, specifies the meaning of the vote and announces the result; d) conducts the work of the meetings of the Standing Bureau; e) notifies the Constitutional Court under the conditions provided in art. 146 lit. a), b), c) and e) of the Constitution of Romania, republished; f) ensures the immediate sending to the Senate, for debate, of the draft laws adopted or rejected by the Chamber of Deputies or, as the case may be, to the President of Romania, for promulgation, of the voted laws, within the legal terms; g) performs its duties in connection with the parliamentary examination of draft legislative acts and non-legislative acts of the European Union, as well as other documents in the field of European affairs, in accordance with this Regulation; h) travels to the country as a representative of the Chamber of Deputies in relations with central and local public authorities, other Romanian legal entities and citizens; i) represents the Chamber of Deputies in foreign relations throughout its term of office; j) presents justifying reports, annually, within the Standing Bureau of the Chamber of Deputies on the use of the President's fund; k) may order the Secretary General to carry out controls of the activity of the services of the Chamber of Deputies; l) fulfils any other attributions provided by the present regulation, as well as the assignments given by the plenum of the Chamber of Deputies. | |
Art. 35 (1) The vice-presidents fulfil the attributions established by the Standing Bureau or entrusted by the president of the Chamber of Deputies. (2) The vice-presidents lead the activity of the Standing Bureau and of the plenum of the Chamber of Deputies, at the request of the president or, in his absence, by decision of the president of the Chamber of Deputies. (3) During the period in which the president of the Chamber of Deputies ensures the interim position of President of Romania, the attributions of the president of the Chamber of Deputies are exercised by one of the vice-presidents, appointed by the president of the Chamber of Deputies. (4) Each vice-president also coordinates the activity of some permanent committees established by the Standing Bureau, by its decision. (5) In fulfilling the attributions provided in par. (4), the coordinating vice-president may participate in the works of the committees, without the right to vote, presenting information to the Standing Bureau. | |
Art. 36 The secretaries draw up the list of entries, on the basis of the requests, in the order in which they were made; presents the proposals, amendments and any other communications addressed to the plenum of the Chamber of Deputies, makes the roll call, counts the votes cast by raising his hand, records the result of the vote, keeps track of the decisions adopted, oversees the transcripts of plenary sittings of the Chamber of Deputies the attributions incumbent on him and perform any other tasks received from him or from the Standing Bureau of the Chamber of Deputies. | |
Art. 37 (1) The Quaestors verify the management of the patrimony, the functioning and the quality of the services of the Chamber of Deputies and make corresponding proposals to the Standing Bureau. They exercise financial control over the expenses incurred, present to the Standing Bureau the draft budget of the Chamber of Deputies and the closing account of the annual budget year, ensure the maintenance of order in the Chamber of Deputies and perform other duties, in accordance with its President or Standing Bureau. (2) In the exercise of the attributions of financial-accounting control, the quaestors are supported by a control body composed of 2 accounting experts and are subordinated only to the plenum of the Chamber of Deputies. (3) At the end of each parliamentary session, the Quaestors present to the plenum of the Chamber of Deputies a report on the results of the controls carried out. | |
Art. 38 The Committee of Leaders of Parliamentary Groups is composed of the leaders of parliamentary groups constituted according to the political configuration of the Chamber and has the following attributions: a) approves the agenda of the sittings of the Chamber of Deputies and its work program, as well as the modifications or completions brought to the agenda or the work program; b) proposes to the plenum of the Chamber of Deputies how to organize the debates in the plenum of the Chamber of Deputies by allocating for each parliamentary group, depending on its share in the total number of deputies, the time allotted for speaking in the plenary sitting of the Chamber of Deputies; the allocation of time allocated to debates is mandatory for political debates and optional for general debates on a draft law or on a legislative proposal; c) may include on the agenda the debate without a report of a draft law or a legislative proposal at which the deadline for submitting the report has been exceeded. | |
Art. 39 1. The Committee of Leaders of Parliamentary Groups shall act by a majority of the votes cast of each member present. The share is given by the proportion of the parliamentary group represented by the leader in the total number of deputies, according to the political configuration of the Chamber. (2) The President of the Chamber of Deputies and, if applicable, the representative of the Romanian Government or the President of the parliamentary committee who has exceeded the deadline for submitting the report shall participate in the proceedings of the Committee of Leaders of the parliamentary groups in the Chamber of Deputies. (3) The Committee of Leaders of Parliamentary Groups in the Chamber of Deputies meets weekly and whenever necessary, at the request of a parliamentary group leader, the President of the Chamber of Deputies or the Standing Bureau of the Chamber of Deputies. (4) The Committee of Leaders of Parliamentary Groups meets and works regularly in the presence of more than half of the leaders of parliamentary groups, who represent the majority of deputies. The President of the Chamber of Deputies, who in this case presides over the sitting, may attend the meeting of the Committee of Leaders of Parliamentary Groups. In the absence of the President of the Chamber, the sitting will be chaired by the leader of the largest parliamentary group. | |
SECTION 5 committees of the Chamber of Deputies | |
1. Common provisions | |
Art. 40 The committees of the Chamber of Deputies are its working bodies, established in order to fulfill the attributions provided by law and by the present regulation. The committees of the Chamber of Deputies prepare the working documents for its work in plenary and exercise parliamentary control. The committees of the Chamber of Deputies may set up subcommittees with the prior agreement of the Standing Bureau of the Chamber of Deputies, an agreement by which it decides on the mission assigned to the subcommittees, within the regulatory competence of the requesting committee. | |
Art. 41 (1) The Chamber of Deputies constitutes permanent committees and may constitute special committees or committees of inquiry. The special committees and the committees of inquiry are constituted in accordance with the provisions of art. 73 and 74. (2) The Chamber of Deputies also constitutes mediation committees or other committees joint with the Senate. (3) The standing committees of the Chamber of Deputies are composed of 11 to 41 deputies, with the exception of the Committee for Standing Orders, which is composed of one representative from each parliamentary group in the Chamber of Deputies. The number of members of the standing committees is established, for each case, by the plenum of the Chamber of Deputies, at the proposal of the Committee of Leaders of the parliamentary groups in the Chamber of Deputies. The objectives, the number of members, the nominal composition and the management of the investigation or special committees of the Chamber of Deputies are approved by its plenum once they are constituted. (4) A Member must be a member of a single standing committee, with the exception of members of the Committee for Standing Orders, the Committee on Validation, the Committee on Human Rights, Religious Affairs and National Minorities, the Committee on Information and Communication Technology, the Committee on Equal Opportunities for Women and Men, the Committee on Romanian Communities Abroad, the Committee on the Investigation of Abuse, Corruption and Petitions, the Committee on European Affairs, the Committee on Constitutionality, the Committee on Science and Technology and the Committee on Youth and Sport, which may part of another standing committee. During their term of office, members of the Standing Bureau of the Chamber of Deputies may opt for one of the standing committees and for one of the committees established as exceptions to this paragraph. Deputies can also be part of joint committees with the Senate. | |
Art. 42 (1) The composition of the committees of the Chamber of Deputies is made with the observance of its political configuration. (2) For each committee the number of seats that belongs to each parliamentary group or to the independent deputies is approved by decision of the Chamber of Deputies, at the proposal of the Committee of the leaders of the parliamentary groups. | |
Art. 43 The proposals of members of the committees of the Chamber of Deputies will be made by the parliamentary groups, within the limits of the places approved by the plenum of the Chamber of Deputies, according to the provisions of the present regulation, within the term established by the Standing Bureau of the Chamber of Deputies. | |
Art. 44 (1) The number of members of each committee of the Chamber of Deputies is established, by the agreement of the leaders of the parliamentary groups, with the observance of the political configuration of the Chamber of Deputies. (2) In case there is no disagreement on the number of members in the committees of the Chamber of Deputies according to par. (1), the plenum of the Chamber of Deputies shall approve, by decision, the numerical and nominal composition of its committees with the free vote of the majority of the deputies present. | |
Art. 45 If the parliamentary groups do not reach an agreement on the composition of one or more committees, the Standing Bureau submits for approval and the Chamber of Deputies decides, with the vote of the majority of members present, on the candidacies supported by each of the parliamentary groups, respecting the political configuration of the Chamber. | |
Art. 46 (1) At their first meeting convened by the Standing Bureau of the Chamber of Deputies, the standing committees shall elect their bureaux, consisting of one President, 3-4 vice-chairs and 2-3 secretaries, except for the Committee for Standing Orders, whose bureau shall consist of president, a vice-president and a secretary. The functions of the Bureau of the Rules of Procedure are held in the order of the size of the parliamentary groups. (2) The composition of the committee bureau is established through negotiations between the leaders of the parliamentary groups at the beginning of each ordinary session, depending on the share of the parliamentary groups. (3) The nominal proposals for the functions provided in par. (1) are made by the leaders of the parliamentary groups, within the limit of the number of seats established according to para. (2). (4) The list of candidates for the office of the committee shall be submitted in its entirety to the vote of its members and shall be approved by a majority of the votes of the deputies present. (5) The dismissal of a member of the committee shall be decided by a majority of the Members present at the committee's sitting, at the request of the parliamentary group to which he belongs. (6) The replacement of a member of the committee shall be made in case of loss of the status of deputy, change of political affiliation and transfer to another committee, at the request of the deputy or of the parliamentary group to which he / she belongs. (7) In the event that a position in the committee's office becomes vacant during the parliamentary session, the nominal proposal for its occupation is made by the parliamentary group to which the position belonged, the election of the candidate following the procedure provided in par. (4). (8) In all the situations provided in par. (6) and (7), the parliamentary group to which the respective deputy belongs or belonged has the right to nominate another representative of his for the occupation of the respective seat. (9) If two or more parliamentary groups meet in a single parliamentary group as a result of the merger of the parties they represent in the Chamber of Deputies, the deputies who are members of the new parliamentary group established according to art. 13 para. (4) retains its membership in the standing committees. (10) If a parliamentary group reduces its membership or ceases to exist, the plenum of the Chamber of Deputies may decide on the remaining in the Committee of the deputies who have been members of those groups in the remaining seats, provided that the political configuration of the committees is respected. (11) Amendments to the nominal composition of standing committees shall be put to the vote of the Chamber of Deputies and shall be approved by a majority of the deputies present. | |
Art. 47 (1) The bureau of each committee of the Chamber of Deputies has the following attributions: a) proposes the agenda for the sittings, presenting to the committee the list of all legislative initiatives and other matters within its competence; b) draws up the draft rules of procedure for the organization and functioning of the committee and submits it for debate to its members for approval by the Committee for Standing Orders and approval by the Standing Bureau of the Chamber of Deputies; c) proposes the tasks of the deputies of the committee; d) adopts decisions on matters which concern the smooth running of the committee 's work; e) appoints the composition and management of the subcommittees constituted by the committee after obtaining the prior agreement of the Standing Bureau of the Chamber of Deputies; f) calls for representatives of civil society, employers', professional or trade union associations, the central or local public administration and other legal entities, as well as individuals, who can provide expertise and information necessary for the work, to take part in the work of the committee; g) organize the activities necessary for the parliamentary examination of draft legislative acts and draft non-legislative acts of the European Union, in accordance with this Regulation; h) organizes, at the proposal of the members of the committee, consultation meetings or public debates with representatives of the civil society, of the employers' and professional associations, of the trade unions, of the central and / or local public administration; i) approves the presence of the interested persons to take part in the works of the committee under the conditions provided in art. 145 para. (1) Thesis II. | |
Art. 48 The President of the committee has the following attributions: a) chairs committee meetings; b) may propose that other persons take part in the work of the committee, in order to carry it out in good conditions; c) convenes the office of the committee to establish the modalities for carrying out the activities regulated in art. 47; d) ensures the representation of the committee in the relations with the Government of Romania, with the Standing Bureau of the Chamber and with the other committees of the Chamber of Deputies and of the Senate; e) establishes the attributions of the parliamentary civil servants of the committee together with the specialized department within the services of the Chamber of Deputies, verifies together with the secretary of the committee the quality of the works executed by them, establishes the work schedule of the staff and verifies the inclusion in this program. the staff of the committee, grants annual qualifications regarding their activity, proposes their promotion, the granting of the merit salary and the granting of other rights in accordance with the legal provisions; f) fulfills other attributions required by the development in good conditions of the works of the committee provided in the present regulation, in the Regulation of the common activities of the Chamber of Deputies and the Senate, as well as in the Regulation of the committee; g) requests to the Standing Bureau of the Chamber of Deputies, for the activity of the committee and its members, secretarial and specialized personnel, the necessary logistics in order to carry out the activity of the committee, cars, similarly with the group leader. | |
Art. 49 The vice-presidents of the committees fulfill, in turn, the attributions of the president, in the absence or according to the delegation given by him. | |
Art. 50 - Secretaries of the committees: a) keep records of the presence of the members of the committee at its meetings; b) ensure the drafting of all acts of the committee; c) count the votes cast in committee meetings; d) follow the elaboration of the minutes, the realization of the transcripts or the recording of the meetings of the committee, as the case may be; e) follow the good functioning of the endowments of the committee, as well as the activity of the staff; f) perform any other activities necessary for the smooth running of the work of the committee, as a result of the provisions of the bureau or its President. | |
Art. 51 Deputies work in committees participating in their meetings or in the activity of documentation and consultation. | |
Art. 52 Before approving the agenda, the President of the meeting is obliged to submit to the vote all proposals to amend or supplement the agenda. Art. 53. - (1) The convening of the meetings of the committee is done with at least 24 hours in advance by its President or, in his absence, by a vice-President replacing him. (2) The participation of the deputies in the meetings of the committees is obligatory. (3) In order for the meetings of the committee to take place on a regular basis, the presence of a majority of the members is required. (4) The decisions of the committees of the Chamber of Deputies are adopted with the vote of the majority of the present members. (5) In case of unjustified absence from the works of the committee, the provisions of art. 244 para. (8). (6) The deputy who is absent from the work of the committee may be replaced by another deputy from the same group, based on the power of attorney signed by the leader of the parliamentary group. | |
Art. 53 | |
Art. 54 (1) The meetings of the parliamentary committees may take place at the same time as those of the plenum of the Chamber of Deputies, based on the approval given by the Standing Bureau, at the request of the President of the committee. (2) The meetings of the parliamentary committees cannot take place at the same time as the plenary session dedicated to the final vote, according to the agenda. Also, the works of the committee are suspended de jure in case the President of the sitting of the Chamber of Deputies requests the presence of the deputies at the works in the plenary. (3) The activity of the permanent committees of the Chamber of Deputies takes place, as a rule, at the headquarters of the Parliament. In exceptional cases and with the prior approval of the Standing Bureau, the work of the committees may take place outside the seat of Parliament. | |
Art. 55 Meetings of the committees of the Chamber of Deputies are public, unless their plenum provides otherwise. The proceedings of the committees of the Chamber of Deputies may be broadcast on the internal television network of the Chamber of Deputies and on radio and television stations. | |
Art. 56 (1) The ministers have access to the works of the committees. If they are asked to participate, their presence becomes mandatory. The Government must be notified, through the President of the committee, at least 24 hours in advance, of the date, time and place of the meetings of the committees. (2) Once per session, the ministers present an activity report and the strategy of the ministry to the relevant committee of the Chamber of Deputies. (3) Draft normative acts initiated by the Government that are on the agenda of the committees notified on the merits will not be debated except in the presence of the Secretary of State. | |
Art. 57 (1) The deputies and senators who have made proposals, which are the basis of their work, such as authors of legislative proposals, amendments, etc., as well as, at the request of the President of the committee, specialists of The Legislative Council. (2) The committees may invite, motivated, to participate in the works interested persons, representatives of some non-governmental organizations and specialists from some public authorities, professional bodies or other specialized institutions. The representatives of the non-governmental organizations and the invited specialists, upon request, may present their opinions on the issues discussed in the committee or may hand over to the President of the committee documentation related to the topic under discussion. (3) Only the Deputies who are members of the Standing Committee or their alternates shall have the right to vote on the proceedings. (4) The committee may, on a proposal from the committee office, the chair or a Member, decide to limit the duration of speeches. Deputies, senators and guests are obliged to refer exclusively to the matter under debate. Otherwise, the President may withdraw the floor. No one may take the floor unless instructed to do so by the President. | |
Art. 58 (1) At the beginning of the debate on an item on the agenda, the committee may, on a proposal from the President or another member, appoint one or more rapporteurs from among its members. (2) The rapporteur or the President of the committee shall support in the plenary of the Chamber of Deputies the report approved by the committee. | |
Art. 59 (1) The vote in committee is, as a rule, open. (2) In certain situations, decided by vote of its members, a secret ballot may be used. | |
Art. 60 (1) With regard to the development of the meetings of the committees, minutes are concluded and transcripts or recordings can be made, which can be consulted by the deputies. (2) At the end of each meeting, the synthesis of the works and a press release are drafted by the committee office. (3) The summary of the works of each committee is published weekly in the Official Gazette of Romania, Part II. The summary includes the issues discussed, the result of the vote on articles and bills, the names and surnames of those present and those absent. | |
2. Standing committees of the Chamber of Deputies | |
Art. 61 Standing committees are usually elected for the duration of the legislature. The establishment of new permanent committees, the abolition of committees or the modification of the fields of activity can be done at the beginning of each ordinary session. The names and fields of activity of the standing committees are as follows:
1. Committee for Economic Policy, Reform, and Privatization - restructuring the economy at macroeconomic and sectoral level; reconstruction and development programs; economic forecast; specific means and institutions of the market economy; price and competition issues; free initiative; privatization; the economic activity of the Authority for the Administration of State Assets and of the financial investment companies, of the autonomous utilities and of the companies regulated by the Companies Law no. 31/1990, republished, with subsequent amendments and completions, with full state or mixed capital; capital import and export; - other issues of economic development strategy and reform policy.
2. Committee for Budget, Finance, and Banks - state budget and budget execution; the state social insurance budget and its execution; financial policy; the system of taxes and fees, insurance and reinsurance; monetary balance, money circulation, loans and credit systems, interest, discount; stock exchange and securities; foreign or state-guaranteed loans; investments made from budget appropriations.
3. Committee for Industries and Services - industry and its branches; internal and external trade, tourism and tourist services, consumer protection; industry and service development strategies; providing raw material and energy resources for the national economy; development of small and medium enterprises in industry and services; - specific problems of privatization in industry and services, of private sector development in these branches; exchanges of industrial goods and services; investment strategies; the quality of industrial products and services; standards and brands; investment and trademark protection; technical progress and technological development; efficiency and competitive capacity of products and services on the internal and external market.
4. Committee for Transportation and Infrastructure - infrastructure, rail, road, river, sea and air transport; transport infrastructure; systematization, organization and regulation of transports; transport safety, public transport.
5. Committee for Agriculture, Forestry, Food Industry and Specific Services - programs in the field of agriculture, horticulture, animal husbandry, fish farming, forestry, hunting fund; specific problems of privatization in agriculture; free initiative, forms of ownership, association, lending, leasing; land fund management; the activity of companies and utilities with state or mixed capital in agriculture, forestry and food; services for agriculture, land improvement, food industry and forestry. 6. Committee for Human Rights, Cults and National Minorities Issues
- human and citizen rights; minority issues; freedom of conscience; the problems of religious cults; freedom of expression by means other than mass media. 7. Committee for Public Administration Territorial Planning - local autonomy; administrative reforms; administrative-territorial organization; the status of civil servant; urban systems; urban and rural networks; local public finances; landscaping; construction. 8. Committee for Ecological Balance and Environment - environmental influence on sustainable development, use of natural resources, air, water, soil quality, biodiversity conservation, river basin management, ecological systems management, climate change, ecological reconstruction, disaster prevention, waste and hazardous substances management, noise pollution, environmentally friendly technologies, technologies for the control and reduction of pollutant emissions, international agreements for environmental protection. 9. Committee for Labour and Social Protection - individual employment relationships (individual employment contract, working time, leave, labor protection, wage system, labor jurisdiction, legal status of the employee); collective labor relations (collective bargaining, collective labor contract, jurisdiction of collective labor disputes); the legal status of trade unions and employers' organizations; social insurance system (pensions, benefits, unemployment benefits, state allowance); social assistance (material aid, gratuities); material aid for disadvantaged people: the elderly, the disabled, minors and others; employment issues.
10. Committee for Health and Family - protecting the health of the population; health care; forms of organization of the sanitary network; social problems of the family, mother and child, the elderly and people with disabilities; demographic issues.
11. Committee for Education - education of all forms and degrees.
12. Committee for Culture, Arts, Mass Information Means - art and culture institutions; protection of the national cultural heritage; the activity of the press and other mass media.
13. Committee for Legal Matters, Discipline, and Immunities - regulations in the field of civil, criminal, contraventional law, civil, criminal, administrative procedure, judicial organization; other regulations of a predominantly legal nature; issues of parliamentary discipline, incompatibilities and immunities.
14. Committee for Defence Public Order, and National Security - Issues related to defence, public order and national security.
15. Committee for Foreign Policy - Romania's foreign policy issues and programs; bilateral dialogue with similar committees of parliaments of other states and of international parliamentary bodies; endorsement of treaties, conventions and other international instruments to which Romania accedes; hearing of the persons proposed to be appointed as Ambassador of Romania abroad, following which he gives an advisory opinion. 16. Committee for the Investigation of Abuses, Corrupt Practices, and for Petitions - examining the petitions received and investigating the abuses signaled by these petitions; conducting an investigation into reported abuses in cases where the Chamber of Deputies so orders as a result of the submission, according to the regulations, of a request before the plenary of the Chamber of Deputies.
17. Committee for Standing Orders - elaboration of reports on draft decisions for amending and supplementing the Rules of Procedure of the Chamber of Deputies; interpretation of the regulation; the analysis of the interventions regarding the legislative procedure formulated in the plenary of the Chamber of Deputies and the elaboration of the proposals for amending the regulation, when it is the case; the analysis of the notifications sent by the Chamber, by the Standing Bureau or by the President of the Chamber, regarding the procedures and provisions of the regulation and the presentation of the requested point of view; endorsement of the regulations of the parliamentary committees; studying parliamentary procedures in other European countries and informing the Chamber thereof, at the request of the Standing Bureau.
18. Committee for information technologies and communications - information and communications technology, advanced technologies specific to the field, alignment with regulations and international standards, respectively, and intellectual property in the field.
19. Committee on Equal Opportunities for Women and Men - eliminating any forms of discrimination based on sex and improving the condition of women in society; - integrating the principle of equal opportunities for women and men in legislative initiatives, in policies and programs of interest to both women and men; - following the application of the provisions regarding equal opportunities and treatment for women and men from the international documents ratified by Romania.
20. The Committee for Romanian Communities Living Abroad - issues related to the promotion, preservation, development and expression of the ethnic, cultural, linguistic and religious identity of Romanians outside the country's borders; - issues regarding the strategy for developing the relations between the Romanian state institutions and the Romanian communities outside the country's borders; - bilateral dialogue with similar committees of parliaments of other states and of international parliamentary bodies; - hearing the persons proposed to be appointed to management positions in the institutions dealing with Romanians abroad, following which it gives an advisory opinion. 21. The Committee on European Affairs - contributes to the formation of the national position for the adoption of decisions at the level of the European Union, with the participation of the Chamber of Deputies; - examines consultation documents, draft European legislation and other documents from the institutions of the European Union and integrates the views expressed by the other standing committees into reasoned opinions and opinions; - analyzes the main strategies and policies of the European Union, the way in which Romania fulfills the provisions of the European Union treaties and the way in which the European legislative acts are integrated in the domestic law; - ensures the exercise of parliamentary control in the field of European affairs; - represents the Chamber of Deputies in relations with the European Union, in accordance with the law and parliamentary regulations.
22. Committee on Constitutional Affairs - the agreement of the provisions declared unconstitutional with the decisions of the Constitutional Court.
23. Committee on Science and Technology - scientific activity, promotion of technological progress, research and development, innovation, protection of intellectual property.
24. Committee on Youth and Sports - sports activity, youth related issues | |
Art. 62 The standing committees of the Chamber of Deputies examine draft laws, legislative proposals, draft decisions of the Chamber of Deputies, opinions and amendments, in order to draw up reports or opinions, as appropriate; examines draft legislative acts and draft non-legislative acts of the European Union, with a view to drawing up draft opinions; debate and decide on other issues sent by the Standing Bureau of the Chamber of Deputies; may conduct parliamentary inquiries, as well as other activities, in accordance with the provisions of this Regulation and of the Rules of Procedure of the joint activities of the Chamber of Deputies and the Senate. | |
Art. 63 The Standing Bureau sends, for examination and for the preparation of reports, draft laws, legislative proposals, draft decisions of the Chamber and amendments formulated by the Government to the standing committee notified, which falls within the competence of the draft or proposal. He may refer other committees to give his opinion on the work in question. | |
Art. 64 If the Standing Bureau raises two or more committees on a legislative initiative, those committees will draw up a joint report. If the committees notified on the merits work together, the meetings will be chaired by the chairmen of the committees. | |
Art. 65 (1) Any standing committee may request a reasoned request from the Standing Bureau to draw up a report, to participate in the drawing up of a joint report or to give its opinion on a draft law or a legislative proposal sent for examination to another committee. (2) The request will be made within 5 days from the notification of the committee that will draw up the report or give its opinion, provided that it is within the deadline for submitting the report. (3) If the request is approved, the amendments already tabled will also be sent to that committee. (4) If a standing committee considers that a draft law or a legislative proposal with which it has been referred is not within its competence, it may request the Standing Bureau, within 3 days of its referral, to send that legislative initiative to another committee. (5) If the Standing Bureau refuses the requests of the committees provided in par. (1) and (4), the Chamber decides by vote. | |
Art. 66 (1) The standing committee notified on the merits shall establish a term within which the opinion or opinions of the other committees examining the draft or legislative proposal shall be submitted to it, consulting with them and taking into account the deadline for submitting the report. (2) The time limit for the submission of the opinion or opinions may not be less than half of the time limit set by the committee responsible for submitting the report. (3) In case of non-compliance with this term, the committee notified on the merits will be able to draft its report without waiting for the respective opinion or opinions. (4) Deputies who are not part of the committee referred to the merits, as well as the Government, may table amendments within a period which may not be less than half of the time limit set by the committee notified for submission of the report. the draft law or the legislative proposal. (5) The committee notified on the merits will not be able to complete and submit the report until after the expiration of a term that cannot be less than half of the term that the committee notified on the merits has for submitting the report. | |
Art. 67 At the meetings of the committee notified on the merits, the rapporteurs of the committees notified for opinions, as well as specialists of the Legislative Council will be invited to debates, if their presence is necessary. | |
Art. 68 (1) The report of the committees notified on the merits shall refer to all the opinions of the other committees that examined the respective project or proposal, to the way the proposals contained in the opinion of the Legislative Council were resolved, from the Government's point of view, if any. financial implications on the state budget or on the state social insurance budget, other opinions, if necessary, clarifications on the articles that fall within the decision-making competence of the Chamber of Deputies, respectively of the Senate, if the Chamber of Deputies is the decision-making Chamber, and In the case of draft laws on the approval or rejection of ordinances, the necessary measures regarding the legal effects produced during the period of application of the ordinance shall be regulated, if necessary. (2) The report shall contain reasoned proposals regarding the admission without modification of the examined act, its rejection or its admission with modifications and / or completions and shall be submitted to the Standing Bureau. (3) The substantive report of the committee will include all the amendments accepted and rejected in a drafting that allows it to be followed up, either in electronic format or on paper. | |
Art. 69 (1) If a committee has for examination on the merits several legislative initiatives that have the same object of regulation, a single report shall be drawn up. (2) If for a legislative initiative a proposal for approval is made, for the other legislative initiatives a proposal for rejection is made, following that the provisions they contain can be taken as amendments to the initiative proposed for approval. (3) If the Chamber of Deputies is a decision-making Chamber, it will request the Senate to send the legislative initiatives that formed the basis of the form adopted by the Senate. (4) If for one of the legislative initiatives referred to in par. (1) the emergency procedure has been approved, the report shall be elaborated in the emergency procedure. | |
Art. 70 (1) The term for submitting the report, in case the Chamber of Deputies is the first notified Chamber, is of maximum 14 days and of maximum 60 days, in case the Chamber of Deputies is decisional Chamber. The modification of these terms may be approved by the Standing Bureau at most twice, on its own initiative or at the written request of the President of the committee notified on the merits. (2) The report will be printed and disseminated to the deputies at least 3 days before the date established for the debate of the draft law or the legislative proposal in the plenary of the Chamber of Deputies, in case of draft laws and legislative proposals for which the Chamber of Deputies is the first notified Chamber, and with at least 5 days, in the case of those for which the Chamber of Deputies is the decision-making Chamber. (3) On a reasoned proposal from the Standing Bureau or a parliamentary group leader, the Committee of Parliamentary Group Leaders may, unanimously, approve the inclusion of draft laws or legislative proposals on the agenda, which shall be debated and adopted on the day of the sitting. plenary of the Chamber of Deputies. (4) The Standing Bureau may establish the adoption in the emergency procedure in the case of draft laws concerning the ratification of international treaties and conventions or loan agreements. | |
Art. 71 The draft is sent for re-examination to the committee notified on the merits, if, following the debates in plenary, it is requested for reasons or important changes are made to its content. The Chamber of Deputies shall decide on this measure by vote, at the proposal of the initiator, of the President of the sitting, of a parliamentary group, of the President of the notified committee or, as the case may be, of its rapporteur. The President of the sitting shall set a time limit for the preparation of the supplementary report and shall submit that time limit to the approval of the plenary of the Chamber of Deputies. | |
Art. 72 (1) Any standing committee may initiate, at the request of one or more of its members, an inquiry, within its competence, with the approval of the plenum of the Chamber of Deputies, regarding the activity carried out by the Government or by the public administration. (2) In order to obtain the approval, the permanent committee will present a motivated request, adopted with the vote of the majority of the present deputies. The draft decision drawn up by the committee shall state the matters which form the object of the inquiry, its purpose, the necessary means and the term by which the report of the committee is to be presented to the plenum of the Chamber of Deputies. | |
3. Special committees of the Chamber of Deputies | |
Art. 73 | (1) The Chamber of Deputies may set up special committees for approving complex legislative acts, for elaborating legislative proposals or for other purposes, indicated in the decision to set up the committee, at the proposal of 50 deputies from at least two parliamentary groups. Legislative proposals thus drafted are no longer subject to consideration by other committees. (2) The same decision shall indicate: the name and objectives of the committee, as well as its composition. The composition of the committee and its bureau shall be established on the proposal of the Committee of Leaders of Parliamentary Groups, depending on the share of parliamentary groups at the beginning of each regular session. (3) The special committees set up according to par. (1) have the same status as the standing committees. (4) The members of the special committees also retain the quality of member of the permanent committees. (5) The other issues related to the organization and functioning of the committee will be regulated by its office, insofar as the provisions of art. 40-60 are not enough. |
4. Investigation committees of the Chamber of Deputies | |
Art. 74 (1) In the conditions in which it is considered necessary to clarify the causes and circumstances in which events or actions with negative effects took place, as well as to establish the conclusions, responsibilities and measures required, the Chamber of Deputies may decide to initiate an investigation. parliamentary. (2) The investigation may be carried out by a permanent committee, under the conditions of art. 72, or by a parliamentary investigation committee set up for this purpose. | |
Art. 75 At the request of at least 50 deputies from at least two parliamentary groups, the Chamber of Deputies will be able to decide on the establishment of a committee of inquiry, the provisions of art. 40-60 and of art. 73 para. (2) - (5) being applicable. | |
Art. 76 (1) For the hearing, the Parliamentary committee of Inquiry may summon any person who works in the Government or in other bodies of the public administration and who may be aware of a fact or circumstance likely to serve to find out the truth in the case forms the object of the committee's activity. The summoned persons are obliged to appear before the Parliamentary committee of Inquiry. (2) In case of unjustified refusal to respond to the requests of the committee, it may propose the notification to the head of the authority or institution where the summoned person carries out the activity, in order to properly apply the provisions of the organization and functioning regulations of that institution. the offense provided by art. 267 of Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions. (3) The parliamentary committee may invite any other person who may have knowledge of a fact or circumstance likely to serve to find out the truth of the matter which is the subject of the committee's work and who agrees to be heard. The invited person may also reply in writing to the parliamentary committee of inquiry, providing the requested information, or he may send by post documents or other evidence in his possession which are useful to the committee of inquiry. (4) The refusal of the persons invited to the committee of inquiry to provide the requested information or to make available to it the other documents or means of evidence held, useful to the committee's activity, may be considered as obstruction or impediment of finding the truth and may constitute grounds for notifying the investigating bodies criminal. (5) At the request of the Parliamentary committee of Inquiry, any person who works in the Government or in other public administration bodies and who knows facts or circumstances related to the object of the investigation or who has a means of proof is obliged to bring them to light or to present them. within the established deadlines. The institutions and organizations are obliged, in accordance with the law, to respond to the requests of the parliamentary investigation committee within the term established by it. (6) Where, in order to clarify facts or circumstances in order to find out the truth, it is necessary to draw up expert reports, the Parliamentary committee of Inquiry shall request that expertise be carried out. (7) The provisions of the law regarding the summoning, presentation and hearing of witnesses, as well as those regarding the presentation and delivery of objects or documents or the performance of expertises shall apply accordingly. (8) The President of the committee conducting the investigation draws the attention of the person heard that he has the obligation to tell the truth, not to hide anything he knows and that non-compliance with this obligation attracts criminal liability. (9) The committee may also request, in accordance with the law, access to classified information in the course of investigations. (10) The expenses necessary for carrying out the expertises and other procedural acts, related to the activity of the committee, are approved by the Standing Bureau of the Chamber of Deputies, at the request of the President of the parliamentary investigation committee. | |
Art. 77 The work of the parliamentary investigation committee ends with the drafting of a report on the ongoing investigation, which is debated by the Chamber of Deputies, within 15 days from the submission. The maximum time limit for conducting an inquiry by a committee is 180 days, within which the committee must submit the final report. At the reasoned request of the Bureau of the parliamentary investigation Committee, the plenum of the Chamber of Deputies may extend this period by a maximum of 60 days only once. | |
Art. 78 (1) The conclusions, responsibilities and measures contained in the report on the parliamentary investigation, debated by the Chamber of Deputies, will be reflected in the content of a decision which, after adoption, will be forwarded, if required, together with the report, to the competent authorities. examination and settlement. (2) In order to resolve the problems resulting from the decision of the Chamber of Deputies and the report of the Parliamentary committee of Inquiry, the competent authorities may have access to all documents underlying that report, which are kept in the Chamber's archives, according to legal provisions. (3) The authorities notified with the decision of the Chamber of Deputies and with the report of the parliamentary investigation committee have the obligation to inform, within 30 days from the adoption of the solution, the Standing Bureau of the Chamber of Deputies regarding the adopted solutions and their motivation. The Standing Bureau will present to the plenum of the Chamber of Deputies the information of the notified authorities. | |
Art. 79 The provisions of art. 76, 77 and 78 also apply in the case of the standing committees that carry out investigations according to art. 72. | |
5. Mediation committees *) *) According to art. 155 para. (1) of the Constitution of Romania, republished, the mediation procedure refers only to draft laws and legislative proposals under legislation, registered before the adoption of the Law on the revision of the Constitution of Romania, remaining applicable to constitutional laws. | |
Art. 80 | (1) If one of the Chambers adopts a draft law or a legislative proposal in a wording different from the one approved by the other Chamber, the president of the Chamber of Deputies and the president of the Senate will initiate the mediation procedure. (2) For this purpose, the Standing Bureau will propose to the Chamber of Deputies, after consulting the parliamentary groups, a number of 7 deputies who will be part of the mediation committee, following the observance of the political configuration of the Chamber. (3) The deputies approved by the Chamber of Deputies, together with 7 senators appointed by the Senate, form the mediation committee. |
Art. 81 | (1) The mediation committee meets at the headquarters of one of the Chambers when convened by the President of the committee notified by the Chamber that adopted the last project and establishes the rules according to which it will carry out its activity, including the term in which it will present the report. (2) The management of the works is carried out by rotation by a deputy or a senator, established by the committee. |
Art. 82 | The decisions of the committee are taken with the vote of the majority of its present members. |
Art. 83 | (1) The activity of the committee ceases once the report is submitted, the approval of which takes place under the conditions of art. 82, as well as in case the committee does not reach an agreement on the report within the established term. (2) The report of the mediation committee is debated in each Chamber. (3) Only solutions proposed by the mediation committee that are different from those initially adopted by the Chamber shall be put to the vote. In all cases, the report of the mediation committee shall be approved by the majority of votes required for the adoption of the law in final form. The reports of the mediation committee are approved in the meetings dedicated to the final vote on the draft laws. (4) If the mediation committee does not reach an agreement regarding the texts that are discrepant, within the term established according to art. 81 para. (1), or if one of the Chambers does not approve the report of the mediation committee, as well as if, within the committee, parity of votes was registered, the texts that remained discrepant shall be debated in joint session of the two Chambers, according to the regulation of these meetings. |
CHAPTER II Carrying out the work of the Chamber of Deputies | |
SECTION 1 Sessions and acts of the Chamber of Deputies | |
Art. 84 (1) The Chamber of Deputies carries out its activity in two ordinary sessions per year. The first session shall begin in February and may not exceed the end of June. The second session shall begin in September and may not exceed the end of December. (2) At the opening of the ordinary session, the national anthem of Romania is sung. (3) At the beginning of the opening session of the ordinary session, each parliamentary group leader presents the composition of his group, the leadership structure and the names of the deputies elected to the leadership positions of the group. (4) After the announcement of the leaders of parliamentary groups, the president of the Chamber of Deputies convenes the Committee of leaders of parliamentary groups to negotiate positions in the Standing Bureau of the Chamber of Deputies and in the offices of standing committees, according to the weight of parliamentary groups announced in accordance with par. (3). (5) The result of the negotiations carried out in the Committee of Leaders of the Parliamentary Groups is presented to the plenary by the President of the Chamber of Deputies. (6) The leaders of the parliamentary groups present the nominal proposals of the parliamentary groups for each position in the Standing Bureau of the Chamber of Deputies and in the leadership of the standing committees, allocated according to the political configuration of the Chamber of Deputies existing at the beginning of the session. (7) The vote on the composition of the Standing Bureau of the Chamber of Deputies shall be made in accordance with the provisions of these Rules of Procedure. (8) The Chamber of Deputies also meets in extraordinary sessions, at the request of the President of Romania, of the Standing Bureau or of at least one third of the number of deputies. (9) The request to convene an extraordinary session shall be made in writing and shall include the agenda as well as the period of the session. The non-approval by the Chamber of the requested agenda prevents the holding of the extraordinary session. (10) The Chamber of Deputies is convened by its President. The President will not take into account the requests for convening an extraordinary session that do not meet the conditions provided in par. (8) and (9). (11) During the sessions, the deputies work in plenary sessions, in committees, in parliamentary groups, at the level of parliamentary bureaus, in the electoral constituencies or perform other tasks ordered by the Chamber of Deputies. (12) Outside the sessions, the deputies may carry out their activity, with the approval of the Standing Bureau, in permanent or special committees or perform other tasks ordered by the Chamber of Deputies. (13) Outside the sessions, deputies may work in parliamentary groups, at the request or with the approval of the group leadership, and exercise their mandate at the level of parliamentary bureaus and constituencies. | |
Art. 85 The Chamber of Deputies adopts laws, decisions, simple motions, messages, declarations, resolutions and other political acts in the presence of the majority of deputies, according to the provisions of the present regulation. | |
SECTION 2 List of draft laws and legislative proposals subject to debate and adoption by the Chamber of Deputies, agenda and work program of the Chamber of Deputies | |
Art. 86 (1) The list of draft laws and legislative proposals submitted for debate and adoption by the Chamber of Deputies includes all draft laws and legislative proposals that have reports adopted by the committees notified within the deadlines, within the deadlines established by the Standing Bureau, as well as draft laws and proposals unreported legislation whose adoption deadlines have been exceeded. (2) The draft laws and legislative proposals are included in the list provided in par. (1) on the date of presentation to the Standing Bureau of the reports adopted by the committees notified on the merits or, as the case may be, without a report on the date of exceeding these terms. (3) The draft agenda and the draft work program of the Chamber of Deputies for the following week are drawn up by the Standing Bureau. (4) At the reasoned request of the initiator, the Standing Bureau of the Chamber of Deputies or a group leader, the Committee of Leaders of Parliamentary Groups may include in the agenda the debate of a bill or an unreported legislative proposal, at which the deadline for tabling the report has been overcome. | |
Art. 87 (1) The agenda of the Chamber of Deputies includes all the issues that are subject to debate and adoption by the Chamber in the sittings of the week to which it refers. (2) Draft laws and legislative proposals shall be included in the draft agenda by the Standing Bureau, taking into account the priorities set out in this Article, as well as other priorities decided by the Standing Bureau. (3) The draft decisions shall be included in the draft agenda, within a maximum of 5 days from the receipt by the Standing Bureau of the report of the committee notified on the merits. (4) The elaboration and adoption of the agenda in the legislative field ensures the priority inclusion of the requests addressed by the standing committees, of the debate of the initiatives in emergency procedure, of the draft laws and legislative proposals for which the Chamber of Deputies is the first notified Chamber. (5) Proposals or documents other than those in the legislative field shall be forwarded to the Standing Bureau for inclusion in the draft agenda at least two days before the meeting of the Committee of Leaders of Parliamentary Groups, whether by law, by this regulation or by decision of the Chamber of Deputies. no shorter term is foreseen. (6) The requests of the President of Romania, the reports and the statements of the Prime Minister are priority on the agenda. (7) The draft law or the legislative proposal submitted for re-examination based on the provisions of art. 104 para. (3) shall be given priority on the agenda. | |
Art. 88 The work program of the Chamber of Deputies shall be established in accordance with the agenda and may include measures for the organization of the debates of the Chamber. | |
Art. 89 The draft agenda and the draft work program are weekly and are approved by the Committee of Leaders of Parliamentary Groups on Wednesday of each working week of the Chamber for the following week. | |
Art. 90 In exceptional cases, the amendment of the agenda or work program shall be approved by the Committee of Leaders of Parliamentary Groups, at the request of the Standing Bureau. | |
Art. 91 (1) The approved agenda and work program shall be sent in writing and electronically to the deputies and parliamentary groups and shall be displayed at the headquarters of the Chamber of Deputies on the same day as they were approved by the Committee of Leaders of Parliamentary Groups. (2) The provisions of par. (1) shall be applied accordingly in case of modification or completion of the agenda or work schedule. (3) In the first sitting of the Chamber, after the vote in the Committee of Leaders of Parliamentary Groups, the leaders of parliamentary groups have the right to present to the Chamber the position of the group on the agenda and the work program. | |
SECTION 3 Legislative procedure | |
Art. 92 (1) In the exercise of the right of legislative initiative, the Government submits to the Chamber draft laws. The deputies, senators and citizens provided in art. 74 of the Constitution of Romania, republished, may present to the Chamber of Deputies the legislative proposals. They must be accompanied by a statement of reasons and drafted in the form required for draft laws. (2) Deputies can also present draft decisions of the Chamber of Deputies. (3) In the case of legislative proposals submitted under the conditions of par. (1), the President of the Standing Bureau requests the opinion of the Legislative Council and the point of view or information, as the case may be, of the Government, which must be submitted within maximum 15 days from the date of the request. The Government's point of view may also contain amendments. (4) In the case of legislative proposals submitted under the conditions of par. (1), which implies the modification of the provisions of the state budget or of the state social insurance budget, the president of the Chamber of Deputies will obligatorily request an information from the Government, under the conditions of art. 111 of the Constitution of Romania, republished, within the same term of 15 days. (5) If the Legislative Council or the Government does not send, within 15 days of the request, the opinion, point of view or information, as the case may be, the Standing Bureau shall establish the committee referred to the merits, the opinion committees, the deadline for submitting the report. the respective legislative proposal, sending the draft for debate and preparation of the report. (6) If during the debate, in the committee notified on the merits, amendments appear that require the modification of the provisions of the state budget or of the state social insurance budget, the President of the committee will obligatorily request an information from the Government, under art. 111 of the Constitution of Romania, republished, within a term that falls within the deadline for submitting the report. (7) In the case of legislative proposals initiated by citizens, the President of the Chamber of Deputies, before communicating them to the deputies and notifying the competent standing committee, shall request the Constitutional Court to verify the fulfillment of the constitutional conditions for exercising the legislative initiative. (8) According to art. 75 of the Constitution of Romania, republished, are submitted for debate and adoption to the Chamber of Deputies, as the first notified Chamber: draft laws and legislative proposals for the ratification of treaties or other international agreements and of legislative measures resulting from the application of such treaties or agreements; 1. the drafts of the organic laws provided in the Constitution of Romania, republished, at: a) art. 31 para. (5) - Organization and functioning of public radio and television services and their parliamentary control; b) art. 40 para. (3) - The right of association, respectively the incompatibility with the quality of member of the political parties of some socio-professional categories; c) art. 55 para. (2) - The conditions regarding the fulfillment of the military duties by the Romanian citizens; d) art. 58 para. (3) - Organization and functioning of the People's Advocate institution; e) art. 73 para. (3) - Categories of laws: ‒ LIT e) - the organization of the Government and of the Supreme Council of National Defense; ‒ LIT k) - administrative litigation; ‒ LIT l) - the organization and functioning of the Superior Council of Magistracy, of the courts, of the Public Ministry and of the Court of Accounts; ‒ LIT n) - general organization of education; ‒ LIT o) - the organization of the local public administration, of the territory, as well as the general regime regarding the local autonomy; f) art. 79 para. (2) - Establishment, organization and functioning of the Legislative Council; g) art. 102 para. (3) - Government - role and structure; h) art.105 paragraph (2) - Incompatibilities with the position of member of the Government; i) art. 117 para. (3) - Establishment of autonomous administrative authorities; j) art. 118 para. (2) and (3) - The structure of the national defense system, the preparation of the population, the economy and the territory for defense, the status of military personnel and similar regulations regarding the other components of the armed forces; k) art. 120 para. (2) - The relations of the citizens belonging to a national minority with the local public administration authorities and the deconcentrated public services in the administrative-territorial units, where the respective minorities have a significant share, regarding the use of the mother tongue; l) art. 126 para. (4) and (5) - The composition of the High Court of Cassation and Justice, its rules of operation and the establishment of courts specialized in certain matters; m) art. 142 para. (5) - The Constitutional Court. (9) According to art. 75 of the Constitution of Romania, republished, are submitted for debate and adoption to the Chamber of Deputies, as the decision-maker Chamber: 1. all draft laws and legislative proposals at the level of ordinary laws, other than those for the ratification of international treaties or other international agreements, as well as of the legislative measures resulting from their application; 2. the drafts of the organic laws provided in the Constitution of Romania, republished, at: a) art. 3 para. (2) - The borders of the country; b) art. 5 para. (1) - Acquisition and loss of Romanian citizenship; c) art. 12 para. (4) - National symbols; d) art. 16 para. (4) - The right of citizens of the European Union to vote and to be elected in local public authorities; e) art. 44 para. (2) - The right of private property; f) art. 52 para. (2) - The right of the injured person by a public authority; g) art. 73 para. (3) - Categories of laws: ‒ LTR. a) - the electoral system, the organization and functioning of the Permanent Electoral Authority; ‒ LTR b) - organization, functioning and financing of political parties; ‒ LTR d) - organizing and conducting the referendum; ‒ LTR f) - the regime of the state of partial or total mobilization of the armed forces and of the state of war; ‒ LTR g) - the state of siege and the state of emergency; ‒ LTR h) - the offenses, the punishments and the regime of their execution; ‒ LTR i) - granting amnesty or collective pardon; ‒ LTR j) - the status of civil servants; ‒ LTR m) - the general legal regime of property and inheritance; ‒ LTR p) - the general regime regarding labor relations, trade unions, employers' associations and social protection; ‒ LTR r) - the status of the national minorities in Romania; ‒ LTR s) - the general regime of cults; h) art. 83 para. (3) - Extension of the President's term of office; i) art. 123 para. (3) - The attributions of the prefect; j) art. 125 para. (2) - The status of judges in relation to the Superior Council of Magistracy; k) art. 128 para. (2) - The use of the mother tongue and of the interpreter before the courts by the Romanian citizens belonging to the national minorities; l) art. 136 para. (3), (4) and (5) - The exclusive object of public property, the administration, concession or rental of public property, the inviolability of private property; m) art. 141 - Economic and Social Council. (10) The draft laws are submitted to the Chamber of Deputies accompanied by the opinion of the Legislative Council. | |
Art. 93 Draft laws, legislative proposals and draft decisions of the Chamber of Deputies shall be distributed to the electronic boxes of the deputies immediately after their presentation to the Standing Bureau. | |
Art. 94 (1) At the beginning of each sitting in the plenum of the Chamber of Deputies, the President of the sitting shall announce that the distribution to the deputies of the documents provided in par. (2) and (3), for their information. (2) Information on draft laws, legislative proposals and draft decisions of the Chamber of Deputies will be distributed to the electronic boxes of the deputies. The information will include the title, the committees notified on the merits and the committees that will draw up the opinion, as well as the deadlines for submitting the report and the amendments. The work schedule and agenda will be distributed on paper. (3) The list of reports prepared by the committees notified in substance in chronological order of their submission to the Standing Bureau, the list of draft laws and legislative proposals adopted by the two Chambers and for which exercises the right to notify the Constitutional Court, according to the law, the summary of each Official Gazette of Romania, Part I, and the full texts of the simple motions and of censure. (4) The content of the documents provided in par. (2) and (3) is transmitted in electronic format by the specialized staff of the Chamber of Deputies. The access to these documents will also be possible from the offices of the deputies from the constituencies, which will be connected to the database of the Chamber of Deputies. | |
Art. 95 The draft laws, the legislative proposals, as well as the draft decisions of the Chamber provided in art. 94 shall be sent immediately by the Standing Bureau for debate and approval to the competent permanent committees, in compliance with the provisions of art. 92, as appropriate. | |
Art. 96 (1) The initiator of the draft or legislative proposal may withdraw his draft or proposal until the beginning of the general debates, with the approval of the plenary. (2) If a legislative proposal belongs to several initiators, the written consent of all initiators is required for the withdrawal of that proposal. (3) If one of the initiators wishes to withdraw his signature from a legislative proposal, he shall address a request to the Standing Bureau until the beginning of the general debates in the first Chamber before him. (4) If a legislative initiative has been adopted or rejected by the Senate, as the first notified Chamber, the respective initiative continues its debate and adoption procedure, without the initiator being able to request its withdrawal. | |
Art. 97 (1) After examining and debating the draft law or the legislative proposal, the standing committee or standing committees notified on the merits shall draw up, within the established term, a report. (2) The report is sent to the Standing Bureau, which will ensure its multiplication and dissemination to the Government, deputies and initiators, in compliance with the term provided in art. 70 para. (2). (3) In the situation provided in art. 104 para. (3) the committee shall draw up a report which shall include the proposal for adoption or adoption with amendments to the draft or legislative proposal. | |
Art. 98 Legislative projects and proposals approved according to art. 95-97 are submitted to the debate of the Chamber in the succession provided on the approved agenda, under the conditions of the regulation. | |
Art. 99 (1) The deputies, the parliamentary groups or the Government, under the signature of a member of the Government, have the right to present amendments to the committee notified on the merits, within the terms established by art. 66 para. (4). (2) For legislative proposals drafted by a special parliamentary committee, amendments shall be tabled to that committee within 7 days of being announced in the plenary of the Chamber of Deputies. On the same day as the announcement in plenary, the legislative proposal is communicated to the Government. After the deadline for tabling amendments, the committee is obliged within 5 days to draw up an additional report on them, which will be circulated to deputies. Only after this deadline can the legislative proposal be placed on the agenda. (3) The amendments formulated by the deputies shall be submitted in writing, motivated and under the signature of the initiator, to the committee notified on the merits, specifying, if necessary, the parliamentary group to which it belongs. (4) The amendments of the Government shall be submitted only under the signature of a member of the Government to the Standing Bureau and shall be submitted to the committee notified on the merits. (5) The date of tabling the amendment is the date of its registration in the committee or in the Standing Bureau, as the case may be, where a special record of all amendments received will be kept. Upon request, proof shall be provided to the author that the amendment has been received. (6) The committee notified on the merits or, as the case may be, the special committee shall rule on all registered amendments, respecting the term provided in par. (1 or 2). Only if it considers it necessary will the committee also seek the opinion of another committee on one or more amendments. (7) The President of the committee notified on the merits may request the opinion of the Legislative Council on some amendments, a point of view which will be sent within the term established by the committee. (8) For the oral amendments, presented in plenary, in compliance with art. 108 para. (3), the opinion of the committee is also given orally by the rapporteur, at the request of the president of the Chamber. (9) It is forbidden for the president of the Chamber to submit for debate or vote an amendment on which the committee has not ruled, except for the situation provided in art. 38 lit. c). | |
Art. 100 (1) The general debate of the draft law or of the legislative proposal shall be preceded by the presentation by the initiator of the reasons which led to the promotion of the initiative, as well as of the report of the standing committee by the rapporteur who participated in its drafting. to the President of the committee. (2) The President of the committee, the rapporteur and its members may be assisted throughout the debates by parliamentary experts within the Chamber of Deputies. | |
Art. 101 For the general debate of the draft or legislative proposal, each parliamentary group may appoint 2 representatives. The President of the Chamber of Deputies gives the floor to the representatives of the parliamentary groups in the order of registration and to a single representative of the unaffiliated deputies; the time allocated to each intervention is 3 minutes. | |
Art. 102 The initiator of the draft or legislative proposal, the President of the committee referred to it or the rapporteur of that committee shall have the right to speak before the end of the general debate. | |
Art. 103 No amendments may be proposed during the general debate of the draft or legislative proposal. | |
Art. 104 (1) If the report of the committee notified on the merits proposes the rejection of the draft, of the legislative proposal or of the draft decision of the Chamber of Deputies, after the conclusion of the general debate the president asks the Chamber to vote. (2) The vote on the rejection proposal may also be put to a special vote. (3) If the Chamber of Deputies does not agree with the rejection proposal, the debate on the articles will be held in a subsequent sitting according to the agenda, taking into account the amendments submitted to the committee referred to the substance and which are included in the report as rejected amendments, the procedure ending with the proposal to adopt the respective initiative or decision of the Chamber of Deputies, or the president will send for re-examination the draft of the committee notified on the merits, with the establishment of the term for a new report. | |
Art. 105 (1) In the case of ordinances, the draft law approving the ordinance shall be put to the vote, if the last report of the committee notified on the merits proposes its approval or approval with modifications. If the committee notified on the merits proposes to reject the ordinance, the draft law rejecting the ordinance will be put to the vote. (2) After debating the last report, if the plenary of the Chamber fails to adopt the draft law on the ordinance, given that the Chamber of Deputies is the decision-making Chamber, the draft will be re-discussed in the next session starting from the form with which the Chamber was initially notified on the basis of the last report drawn up by the committee notified on the merits. (3) If the decision-making competence belongs to the Senate and it will be found that the plenum of the Chamber failed to rule on the emergency ordinance, the provisions of art. 115 para. (5) of the Constitution of Romania, republished. | |
Art. 106 The Chamber of Deputies proceeds to the debate on articles of the draft or of the legislative proposal only when in the report of the committee notified on the merits there are admitted or rejected amendments. | |
Art. 107 (1) When discussing articles to which amendments have been made, the deputies may take the floor to express their point of view. The representative of the Government or of the initiator and the rapporteur of the committee notified on the merits may also speak. (2) The speech of a deputy regarding a text to be submitted to the vote of the Chamber of Deputies usually has a duration of 3 minutes. At the beginning of the debate on the draft law or the legislative proposal, at the proposal of the rapporteur or the President of the committee, another duration of the intervention may be established. After the speeches of the deputies on a certain text, the initiator of the project and the rapporteur or the President of the committee notified on the merits may speak. (3) The President of the meeting may submit for approval the cessation of discussions to the debated article. | |
Art. 108 (1) The discussion of the articles begins with the amendments submitted to the committees, admitted and rejected. (2) In the course of debates, deputies, the Government or parliamentary groups may discuss amendments rejected by the committee referred to them on the substance or amendments tabled in committee, in accordance with the provisions of these Rules of Procedure. (3) Amendments of technical-legislative, grammatical or linguistic correlation may be formulated in the plenary of the Chamber of Deputies. Amendments shall be submitted in writing to the President of the sitting and to the rapporteur of the committee notified on the merits and shall be verbally supported in the plenary of the Chamber of Deputies. (4) No substantive amendments may be tabled to the full House. | |
Art. 109 When the debate on amendments reveals important consequences for the draft law or the legislative proposal, the President of the Chamber of Deputies may send the texts in question to the committee notified on the merits, setting the deadline for presenting the point of view. In this case, the authors of the amendments have the right to be heard in committee. The representatives of the Government have the same right. | |
Art. 110 (1) The discussion of amendments begins with those proposing the deletion of some of the texts contained in the article under debate and continues with those on amending or supplementing it. (2) The amendments shall be put to the vote in the following order: first, the amendments proposing the deletion of certain texts shall be put to the vote, then the amendments and / or supplementary amendments proposed by the committee responsible, following the amendments and / or amendments. to be rejected and included in the committee's report and then those of technical-legislative, grammatical and linguistic correlation. (3) The Chamber shall decide by separate vote on each amendment, unless the adoption of one precludes the acceptance of the others. (4) The texts of articles in which no amendments, objections or observations are made shall be deemed to be adopted. The texts of articles to which amendments have been made or objections and observations have been raised shall be adopted by a majority of the deputies present. (5) If all amendments to an article are rejected, the text of the initiator or the text of the Senate shall be put to the vote, if the Chamber of Deputies is the decision-making chamber. (6) The result of the vote - the number of votes "for", "against" and the number of abstentions - will be announced by the President of the meeting and will be recorded in the transcript. (7) The article in the form resulting from the approval of the texts is submitted, in its entirety, to the vote and is approved with the vote of the majority of the deputies present. | |
Art. 111 (1) The draft law or the legislative proposal, in the form resulting from the debate on articles, shall be submitted to the Chamber for adoption in the conditions of the existence of the legal quorum. (2) The final vote may take place in a meeting devoted to this purpose, in accordance with the approved work program. If, by the date of the final vote, established by the agenda, the debate on the articles has not ended, the final vote shall be deferred de jure. (3) The draft law or legislative proposal to which no amendments have been made by the date of the voting session shall be submitted directly to the final vote, after the initiator has presented the explanatory memorandum and by the committee notified of the report, as well as after hearing the points. views of the representatives of the parliamentary groups. | |
Art. 112 In the case provided in art. 38 lit. c), the debate is made by properly applying the provisions of art. 120-122 of the 5th section "Emergency procedure", taking into account only the amendments submitted to the committee within the term provided by the present regulation, as well as those that are formulated during the debates, according to art. 108 para. (3). | |
Art. 113 (1) Pursuant to art. 75 para. (1) and (2) of the Constitution of Romania, republished, the Chamber of Deputies, as the first notified Chamber, shall rule on the draft law or legislative proposal within 45 calendar days from the date of their inclusion in the “List of draft laws, of legislative proposals subject to debate and adoption by the Chamber of Deputies”. For codes and laws of special complexity, the term is 60 calendar days from the date of their inclusion in the "List of draft laws, legislative proposals subject to debate and adoption by the Chamber of Deputies". For emergency ordinances, the term is 30 calendar days from the date of their submission to the Chamber of Deputies. (2) In the case of bills or legislative proposals that are submitted to the Chamber of Deputies, as the first notified Chamber, the deadlines for drawing up the report by the committee notified run from the date of registration with the Standing Bureau accompanied by the required opinions and are taken into account. 4 days a week, except public holidays. (3) On the date of expiration of the terms provided in par. (1) the draft laws or legislative proposals shall be considered adopted by the Chamber of Deputies and shall be sent to the Senate under the signature of the President of the Chamber of Deputies. (4) Amendments, opinions and, possibly, the report that was not debated in plenary will be sent to the Senate as documentary material. | |
Art. 114 The provisions of art. 93-112 are also applicable for the draft laws received from the Senate, when this is the first notified Chamber, the Chamber of Deputies being the decisional Chamber. | |
Art. 115 In the exceptional situations provided in art. 131, the legislative procedure applicable to draft laws or legislative proposals on the agenda is as follows: a) the President of the committee announces the title of the legislative initiative under debate; b) In the general debates, 2 representatives of each parliamentary group announced in advance by the leader of the parliamentary group, respectively maximum 6 minutes for each parliamentary group, as well as a representative of the non-affiliated deputies for a maximum of 2 minutes; c) in the event that, after the general debates, the legislative initiative or any other changes to the agenda are requested to be resubmitted, they shall be resolved by the Committee of Leaders of Parliamentary Groups, during the plenary sitting; this procedure applies until the implementation of a voting system by electronic means; d) if amendments are requested during the plenary session, they shall be held in a meeting of the Committee of Leaders of Parliamentary Groups, after the end of the general debate on each draft; this procedure applies until the implementation of a voting system by electronic means; e) after the conclusion of the general debates on each legislative initiative inscribed on the agenda, the final vote follows. This procedure for conducting the final vote may be amended by the Committee of Leaders of Parliamentary Groups. | |
SECTION 4 Respect for the principle of bicameralism | |
Art. 116 (1) After adoption or rejection by the Chamber of Deputies as the first notified Chamber, the draft or legislative proposal shall be sent to the Senate, which will decide definitively. (2) If the Senate, as the first notified Chamber, adopts a provision which, according to par. (1), falls within its decision-making competence, the provision is definitively adopted if the Chamber of Deputies also agrees. Otherwise, only for that provision, the law returns to the Senate, which will decide definitively in the emergency procedure. (3) The provisions of par. (2) regarding the return of the law shall be applied accordingly also in case the Chamber of Deputies, as a decisional Chamber, adopts a provision for which the decisional competence belongs to the Senate. (4) If the Chamber of Deputies, as a decision-making Chamber, adopts a provision that cumulatively produces the existence of major differences in legal content and the existence of a special configuration, significantly different, between the forms adopted by the two Chambers of Parliament, violating the two essential criteria cumulative established by the Decision of the Constitutional Court no. 1/2012, only for the respective provision, the law returns to the Senate, which pronounces in the emergency procedure, par. (2) and (3) applying accordingly. | |
SECTION 5 Emergency procedure | |
Art. 117 (1) At the request of the initiator, at the proposal of the Standing Bureau or of a parliamentary group, the Chamber of Deputies may adopt draft laws or legislative proposals in emergency procedure. (2) The request of the initiator, the proposals of the Standing Bureau and of the parliamentary groups shall be subject to the approval of the Committee of Leaders of the Parliamentary Groups. (3) Draft laws on the harmonization of Romanian legislation with that of the European Union and the Council of Europe and those on the approval or rejection of emergency ordinances are automatically subject to debate and adoption by the Chamber of Deputies in the emergency procedure. (4) The emergency procedure also applies if the Chamber of Deputies has adopted, as the first notified Chamber, a provision from the draft law that falls within its decision-making competence, not appropriated by the Senate and resubmitted for a new debate, as well as if the Senate , as a decision-making Chamber, adopted, in a draft law, a provision for which the decision-making competence belongs to the Chamber of Deputies. The decision of the Chamber of Deputies is final. | |
Art. 118 (1) The deputies, the parliamentary groups or the Government may present written, motivated amendments, which are sent to the committee notified on the merits, within the terms established in art. 66 para. (4) from the approval of the emergency procedure. The opinion of the Legislative Council will be sent to the committee notified in substance, according to the law, for the emergency procedure. (2) The deadline for submitting the report shall be established by the Standing Bureau. | |
Art. 119 The Standing Bureau, after receiving the report of the committee notified on the merits, enters with priority in the draft agenda the draft law, the legislative proposal or the provisions referred to in art. 117 para. (4). | |
Art. 120 (1) In the phase of the general debate, each parliamentary group may intervene only once, and the duration of the representative's speech may not exceed 5 minutes. The duration of the speech of the representative of the non-attached deputies shall be one minute. (2) After the exhaustion of the general debates, the president of the Chamber will request to the president of the committee notified in substance or to its rapporteur, as the case may be, proposals regarding the time necessary for the debate of the report. The proposed duration will be submitted to the approval of the plenary of the Chamber and will be debated on articles. | |
Art. 121 When discussing each article to which amendments have been made, the debate procedure provided in art. 107-114. No amendments may be made during the debate. | |
Art. 122 (1) The debate of a draft law or of a legislative proposal in emergency procedure may not exceed the time approved by the Chamber, at the proposal of the rapporteur or the President of the committee, after consulting the bureau of the committee notified on the merits. (2) After the debate time established according to the complexity of the report has been exhausted, the debate shall end and the chairperson shall put to the vote the amendments contained in the report of the committee, in the following order: first, the amendments proposing the texts, then the amendments adopted by the committee. If none of these amendments has been adopted, the amendments rejected in the report shall be put to the vote in the order set out in the report. If one of the amendments has been accepted by a majority of the deputies present, the other amendments shall be deemed rejected. If none of the amendments in the report has met the required number of votes to be adopted, the original form shall be deemed to have been adopted. | |
SECTION 6 Voting procedure | |
Art. 123 Laws, decisions and simple motions are adopted by the Chamber of Deputies by vote. The laws adopted by the Chamber of Deputies can be constitutional laws, organic laws and ordinary laws. | |
Art. 124 Any amendment, other legislative text or request to be approved shall be deemed adopted if, at the request of the President of the Chamber, there is no objection. | |
Art. 125 (1) The vote of the deputy is personal. It can be open or secret. (2) The free vote shall be by electronic means, by show of hands or by roll call. Open voting is usually expressed by electronic means. The other open voting methods are approved by the Chamber, at the proposal of the President of the meeting or of a group leader. (3) In the case of voting by electronic means, before the meeting devoted to the final vote, the chairperson of the meeting shall order the verification of the quorum of the meeting by conducting the control vote. (4) Voting by electronic means, by show of hands or by roll call has the following meanings: "For", "against" or "abstention". If a group leader challenges the correctness of the counting of votes and if the plenary of the Chamber approves the resumption of the vote, the president will do so by the voting method approved by the Chamber. In the case of electronic voting, the console screen also displays the "present" options: "For", "against", "abstention". The leader of the parliamentary group checks the voting list and notifies the chair of the sitting about any discrepancies. (5) The secret ballot shall be cast by ballot papers, ballots or by electronic means. (6) The vote is, usually, open. The vote shall be secret in the following cases: if the rules so provide and if, on the proposal of the President or a group leader, the Chamber so decides. (7) In the case of secret ballot expressed by ballot papers or ballots, a vote counting and validation committee is set up, consisting of one representative of each parliamentary group, assisted by the 2 secretaries of the sitting. | |
Art. 126 The free votes cast by each Member in the Standing Bureau on its decisions and in parliamentary committees, in the case of a vote on the adoption of the report, shall be recorded in the transcript or, as the case may be, in the minutes of the sitting. | |
Art. 127 1. The roll-call vote shall be as follows: the President shall explain the object of the vote and the meaning of the words: "For", "against" and "abstention"; one of the secretaries reads the name and surname of the deputies; each Member shall reply: "For", "against" or "abstention". (2) After the call, the name and surname of the deputies who did not answer are repeated. (3) The vote by show of hands is as follows: the President of the sitting explains the object of the vote and the meaning of the words "for", "against", "abstention"; the deputy expresses one of the 3 options by raising his hand; the secretaries shall count the votes cast by the deputies and shall communicate the result of the vote to the President of the sitting. The sum of the number of deputies who expressed one of the 3 options above, plus the present deputies who did not express their option to vote, represents the presence of the deputies at the voting session. | |
Art. 128 Balloting takes place as follows: two ballot boxes, one white and one black, are placed in the meeting room. Before the vote begins, the President of the Chamber of Deputies shall explain the procedure and the meaning of the vote. After reading the name by a secretary of the Chamber of Deputies, each deputy receives from the quaestors two balls, one white and one black, which he inserts in the two ballot boxes. The white ballot inserted in the white ballot box and the black ball inserted in the black ballot box means "for" vote, and the white ball inserted in the black ballot box and the black ball inserted in the white ballot box means "against" vote. Both balls inserted in the black ballot box mean "abstention". The Standing Bureau decides on the means by which the secrecy of the vote is ensured, as well as the counting procedure and the model of the minutes that record the result of the vote. | |
Art. 129 (1) Voting by electronic means is carried out by inserting the voting card in the console at the beginning of the meeting, followed by pressing one of the keys "present", "for", "against" or "abstention". The result of the electronic vote is automatically displayed on the console screen and on the center screen in the meeting room. If the President of the meeting, assisted by the two secretaries, finds the existence of dysfunctions, he requests the plenary to repeat the vote through another procedure. The notification of such dysfunctions can also be made by a group leader. (2) The electronic voting card that allows the deputy access to the electronic means of voting is personal. Its use by another person is prohibited. Failure to comply with the prohibition entails the application of the sanction provided in art. 246 para. (1) lit. e). (3) Voting by electronic means is as follows: the President of the meeting explains the object of the vote and initiates the voting procedure. The expression of the vote by electronic means is made in the timeframe allocated to the voting, announced by the President of the meeting, preceded by an audible signal. The deputy has the following possibilities: a) pressing the "for" key - in which case the deputy will be registered present, with the option to vote "for"; b) pressing the "against" key - in which case the deputy will be registered present, with the option to vote "against"; c) pressing the "abstention" key - in which case the deputy will be registered present, with the option to vote "abstention". If the Member presses only the "present" key, without pressing any of the options "for", "against" or "abstention", he will be registered present, in the category of those who did not express any voting option. (4) During the voting session expressed by electronic means, if the Member does not have the voting card inserted correctly in the console or, having the card correctly inserted in the console, does not press any key, he shall be absent from that vote. The introduction of the voting card in the console, in the timeframe allocated to the voting, allows the deputy to express his position in the issue submitted to the vote. Removing the voting card from the console, after expressing the position on the issue to be voted on, but before the expiration of the voting time, does not invalidate the expressed option. (5) Whenever the vote by electronic means is opened, it shall be entered for each Member on the website of the Chamber of Deputies, in the case of the final vote, or when the plenary of the Chamber expressly decides. The display and interpretation of the voting result by electronic means are done as follows: on the central screen and on the individual voting consoles, after the expression of the electronic vote, the following information will be displayed: "present", "for", "against", "abstention", "do not vote". (6) For the purposes of this Regulation, the terms and expressions below have the following meanings: a) the sitting devoted to the final vote is the parliamentary procedure for adopting laws, decisions and motions; b) the quorum of the meeting devoted to the final vote represents the precondition, which must be met immediately before the vote, in order to ensure a significant presence of the parliamentarians, in accordance with the provisions of art. 67 of the Constitution of Romania, republished; c) the presence in the case of voting by electronic means represents the sum of all the deputies who pressed one of the 4 keys displayed on the screen of the voting console. | |
Art. 130 (1) In the case of voting with ballot papers, the ballot paper shall include the names and surnames of the candidates, the positions for which they are running and, as the case may be, the parliamentary group to which they belong or which proposed them. (2) The expression of the vote for appointments is made by voting with ballot papers, unless the law or the regulation provides for another voting procedure. (3) The deputy votes "for", leaving untouched on the ballot paper the name and surname of the proposed person; he votes "against", cutting the name and surname of the proposed person. (4) Ballot papers are put to the polls. (5) The ballot papers that do not correspond to the presented model, those that do not bear the control stamp and those on which the number of candidates whose names have not been cut exceeds the number of positions for which the election is made are null and void. | |
Art. 131 (1) In exceptional situations, ascertained by the competent authorities, such as epidemics, pandemics, extreme natural phenomena, earthquakes, acts of terrorism and other situations that make impossible the presence of deputies at the Chamber of Deputies, meetings of the Standing Bureau of the Chamber of Deputies, of the Committee the leaders of the parliamentary groups, the meetings of the specialized committees of the Chamber of Deputies, as well as the plenary sessions of the Chamber of Deputies may be held by electronic means through a procedure approved by the Standing Bureau of the Chamber of Deputies. (2) The decision to declare such an exceptional situation rests with the Standing Bureau of the Chamber of Deputies, after consulting the Committee of Leaders of Parliamentary Groups. (3) During the period provided in par. (1) only the normative acts that are closely related to the exceptional situation may be debated and voted by electronic means. At the proposal of the committee of leaders, the agenda can be supplemented with other urgent normative acts. | |
Art. 132 (1) The constitutional laws are adopted with the vote of a majority of at least two thirds of the number of deputies. (2) The organic laws and the decisions regarding the Regulation of the Chamber of Deputies are adopted with the vote of the majority of the deputies. (3) Ordinary laws and decisions taken in the legislative process are adopted by a majority vote of the deputies present, under the conditions of the existence of a legal quorum. (4) In cases where the Constitution of Romania, republished, or the regulation provides for a majority of votes of at least two thirds and the president finds in advance the impossibility of meeting the provided majority, postpones the vote, establishing the day and time of its conduct. A further postponement of the vote may not exceed 30 days. (5) Unless this Regulation provides otherwise, the other acts of the Chamber of Deputies shall be adopted by a majority of the deputies present. (6) Before the vote, the President of the meeting may request that the quorum be verified by roll call, electronic means or by counting by the secretaries. In the case of voting by electronic means, verification of the quorum at the final voting session is mandatory. deputies who are unable to exercise their right to vote shall report this to the President of the sitting. (7) If the majority of the deputies are not present in the sitting room, the President shall postpone the voting until the meeting of the legal quorum. | |
Art. 133 (1) In the event of a tie, the vote shall be repeated. (2) The President of the Chamber shall express his vote after that of the deputies present. | |
Art. 134 deputies may not be given the right to speak during voting, except in cases of secret ballot. | |
Art. 135 The draft laws and legislative proposals rejected by the Chamber of Deputies as a decision-making Chamber cannot be brought back to its discussion during the same session, except for the cases provided in art. 104. | |
Art. 136 (1) The drafts of the laws and the legislative proposals adopted shall be rejected by the Chamber of Deputies as the first notified Chamber shall be signed by its president. (2) Draft laws and legislative proposals adopted or rejected by the Chamber of Deputies as the first notified Chamber shall be submitted to the Senate, as the decisional Chamber, mentioning the provisions related to the decisional competence of the Chamber of Deputies, if applicable. The government will be notified about it. (3) The law adopted by the Chamber of Deputies regarding which the Senate pronounced itself as the first notified Chamber or, as the case may be, as a decision-making Chamber for some provisions, signed by the President of the Chamber of Deputies and the President of the Senate, shall be communicated 5 days before sent for promulgation to the Government, the High Court of Cassation and Justice, as well as to the People's Advocate and is submitted to the Secretary General of the Chamber of Deputies and to the Secretary General of the Senate, in order to exercise the right to notify the Constitutional Court. If the law is adopted in the emergency procedure, the term is two days. (4) The date on which the adopted law was submitted to the Secretary General of the Chamber of Deputies shall be communicated to the deputies, within 24 hours from the submission. (5) After fulfilling the terms provided in par. (3) the law shall be sent, under the signature of the President of the Chamber of Deputies, to the President of Romania for promulgation. | |
SECTION 7 Cases of unconstitutionality and requests for re-examination formulated by the President of Romania | |
Art. 137 (1) In the cases of unconstitutionality ascertained according to art. 146 lit. a) of the Constitution of Romania, republished, and in case the Chamber of Deputies was the first notified Chamber, the Standing Bureau, in its first session which takes place after the publication of the decision of the Constitutional Court in the Official Gazette of Romania, Part I, shall notify the Constitutional committee and the standing committee notified on the merits with the draft law or the legislative proposal in order to re-examine the provisions declared unconstitutional. The same procedure applies in case the respective provisions are sent from the Senate, as the first notified Chamber. (2) The term set by the Standing Bureau for drawing up the joint report by the committees provided in par. (1) may not be longer than 15 days. The report of the committees is included with priority in the agenda and is debated according to the provisions of art. 100-112. On the occasion of the re-examination, the Chamber of Deputies will make the necessary technical-legislative correlations. After the adoption of the law as a whole, it is sent to the Senate, if it is a decision-making Chamber, or to the President of Romania if the Chamber of Deputies is a decision-making Chamber. | |
Art. 138 (1) In case of notification of the unconstitutionality of treaties or other international agreements submitted to the Parliament for ratification, according to art. 146 lit. b) of the Constitution of Romania, republished, the parliamentary procedure is interrupted and resumed after the publication of the decision of the Constitutional Court. (2) In the cases of unconstitutionality ascertained according to art. 146 lit. b) of the Constitution of Romania, republished, the Chamber of Deputies cannot ratify the international treaty or agreement declared to be unconstitutional. | |
Art. 139 (1) In the cases of unconstitutionality ascertained according to art. 147 para. (1) of the Constitution of Romania, republished, the provisions declared unconstitutional by laws, regulations and ordinances approved by law shall cease to have legal effect 45 days after the publication of the decision of the Constitutional Court, during which time these provisions are suspended by law. If the Chamber of Deputies was the first notified Chamber, the Standing Bureau will notify the Constitutional committee and the committee in whose field of activity the respective normative act falls in order to re-examine the texts and bring them in accordance with the provisions of the Constitution. The revised texts are a legislative initiative that is distributed to deputies. After a period of 7 days, within which amendments may be tabled, the two committees shall draw up, within 5 days, a report on the legislative initiative which shall be debated and adopted by the plenary of the Chamber of Deputies. The legislative initiative is adopted with the majority required by the character of the normative act and is sent to the Senate. (2) If the Chamber of Deputies is a decision-making Chamber, the committees notified in substance by the Standing Bureau shall draw up the report on the revised texts submitted by the Senate, taking into account the amendments formulated by the deputies. The legislative initiative is adopted with the majority required by the character of the normative act and is sent to the President of Romania for promulgation. | |
Art. 140 (1) The re-examination of the law by the Chamber of Deputies, following the request made by the President of Romania, pursuant to art. 77 para. (2) of the Constitution of Romania, republished, will take place within 30 days from the receipt of the request. The re-examination of the law is carried out first by the Chamber of Deputies, if this was the first Chamber notified, after which the adopted law is sent to the Senate, which will decide definitively. If the Chamber of Deputies is the decision-making chamber, the adopted law is sent to the President for promulgation. (2) The re-examination of the law based on the request of the President of Romania is done in compliance with the legislative procedure. (3) The report of the committee, regarding the requests formulated by the President of Romania included in the request for re-examination, will include one of the 3 variants: a) the proposal to adopt the law as amended and supplemented in whole or in part, in the sense requested by the President in the request for reconsideration; b) the proposal to adopt the law in the form originally adopted by Parliament, in case the requests made in the request for re-examination are rejected; c) the proposal to reject the law. If the requests in the request for re-examination are accepted, in part or in full, the committee shall formulate the appropriate texts and the report shall contain all the amendments accepted and rejected by deputies. The proposed texts must be related to the requests in the request for re-examination and ensure the technical-legislative correlation of all the provisions of the law. If the requests made in the request for re-examination are rejected, the report will no longer include the amendments tabled. (4) The proposals of the committee notified in substance or completed in whole or in part, within the meaning of the requests made by the President of Romania included in the request for re-examination, or, as the case may be, the proposals of the committee of adoption of the law in the form initially adopted, in case of rejection of the requests contained in the request for re-examination. In the meeting dedicated to the final vote, the law as a whole is voted. If no form of law subject to approval is adopted by the Chamber, the law is rejected. (5) In the event that the proposal to reject the law does not meet the number of votes necessary for adoption, it shall be returned to the committee for re-examination, taking into account the deadline provided in para. (1). | |
Art. 141 In case a mediation is necessary, it will be performed according to the regulatory provisions, and the report of the mediation committee will be registered on the agenda of the Chamber, following the procedure provided in art. 86-110. | |
Art. 142 (1) The report of the mediation committee shall be debated in each Chamber. (2) Only the solutions proposed by the mediation committee, which are different from those initially adopted by the Chamber, shall be put to the vote, according to the procedure for debating the articles on articles of law. In all cases the report of the mediation committee shall be approved by the majority of votes required for the adoption of the law in final form. The reports of the mediation committee are approved in the meetings dedicated to the final vote on the draft laws. (3) If the deputies and senators adopt the text of the law in the form proposed by the mediation committee, it will be proceeded according to art. 136 para. (3). | |
Art. 143 If the mediation committee does not reach an agreement on the issues in dispute or if one of the Chambers does not approve the report of the mediation committee, in whole or in part, the provisions of art. 83. | |
SECTION 8 Conduct of the sitting of the Chamber of Deputies | |
Art. 144 The sittings of the Chamber of Deputies are public and are broadcast online, except in cases where, at the request of the President or of a parliamentary group, it is decided, with the vote of the majority of the deputies present, that certain sittings be secret. | |
Art. 145 (1) Diplomats, representatives of the press, radio and television, as well as other guests may attend the public meetings of the Chamber of Deputies, based on the accreditation or invitation signed by the Secretary General of the Chamber, under the conditions established by the Standing Bureau. Citizens can attend the work of the Chamber on the basis of access permits distributed upon request, in the order of request by those interested, within the places available in the lodges intended for the public. (2) deputies of the Government or their representatives have access to the work of the Chamber. If they are asked to participate, their presence becomes mandatory. (3) The relevant minister, or the secretary of state for the relationship with the Parliament from the respective ministry, must participate in the debate of the draft laws initiated by the Government, under the sanction of withdrawing the draft from the agenda. (4) The persons attending the meeting must remain silent and refrain from any manifestation of approval or disapproval, otherwise they will be removed from the room by the public force made available to the president. (5) The President of the Chamber, at the request of a Member or on his own initiative, may make official statements, in consultation with the Chamber, on manifestly inaccurate information (including omissions, distortions, etc.) on the work of the Chamber or on comments which may affect the parliamentary institution's image. (6) The Communication and Public Relations Department of the Chamber of Deputies will present a daily press review of the members of the Standing Bureau, the leaders of the parliamentary groups and the chairmen of the standing committees. | |
Art. 146 (1) The deputies are obliged to be present at the works of the Chamber and to register their presence, based on the card and the electronic signature, on the devices installed at the entrance to the plenary hall. If the electronic system cannot be used for technical reasons, the Member shall be placed on the attendance list. (2) The deputy who cannot take part in the meeting for objective reasons will have to inform by a written motivation, endorsed by the group leader, the Standing Bureau, mentioning the causes that prevent him from participating. | |
Art. 147 (1) The deputies carry out their activity weekly in the plenary, in the committees, in the parliamentary groups and in the parliamentary offices in the constituencies. As a rule, the 5th and 6th day of the week are reserved for the activity in the constituencies in which the deputies were elected. (2) At the proposal of the Standing Bureau, with the approval of the Committee of Leaders of Parliamentary Groups, the work program may be amended. (3) At the reasoned request of the President of the sitting or of a leader of a parliamentary group, made at the beginning of a working session in plenary, the agenda or work schedule may be amended by the approval of the Chamber. | |
Art. 148 (1) The sitting of the Chamber of Deputies is opened by the president of the Chamber of Deputies. In the absence of the President, he shall be replaced by one of the Vice-Presidents on a rotating basis. (2) The President of the sitting is obliged to announce the number of deputies who have registered their presence, the agenda and the working hours. (3) The president is assisted by 2 secretaries established by rotation, one of whom, as a rule, is from the opposition. | |
Art. 149 (1) The Chamber of Deputies adopts laws, decisions and simple motions in the presence of the majority of deputies. (2) Within the legislative procedure, the provisions of par. (1) shall apply only to the vote for the adoption of the law as a whole, as well as when, according to the provisions of the present regulation, the rejection of the draft law or of the legislative proposal is submitted to the vote. (3) The verification of the quorum meeting is ordered only at the final voting sessions by the president, immediately before the voting, on his own initiative or at the request of the leader of a parliamentary group. (4) If the quorum is not met, the meeting shall be suspended and the President shall announce the date and time of the resumption of proceedings. The resumption of the works is also done by derogation from the approved agenda, respecting the succession established by it. | |
Art. 150 The President of the Chamber or the Vice-President who replaces him shall lead the debates, ensure that the agenda is maintained during the debates and that the rules are observed. | |
Art. 151 (1) The secretaries draw up lists with the deputies who register to speak. (2) The deputies will take the floor in the order of registration on the list, with the approval of the President of the Chamber. (3) The ministers present in the Chamber may be given the floor at any stage of the debate, whenever they so request. | |
Art. 152 No one may take the floor unless instructed to do so by the President. The people who speak in the House speak from its rostrum or from another place where a microphone is installed. | |
Art. 153 (1) At the proposal of the president of the sitting or of the leader of a parliamentary group, the plenum of the Chamber of Deputies, by vote, has the right to limit the duration of the speeches depending on the object of the debates. (2) Deputies and other speakers are obliged to refer exclusively to the matter for which they have spoken, except for political statements, which are made within the time allotted to them, according to the program. Otherwise, the president draws their attention and, if they do not comply, withdraws their word and interrupts the microphone. (3) The leader or another member of the parliamentary group nominated by him may take the floor at the final voting sitting to explain the group's vote on the adoption of a legislative initiative. The designated representative of the non-attached deputies or another Member on the basis of the power of attorney of the designated representative of the non-attached deputies may speak to explain the vote at the end of the voting session. (4) The speeches made in accordance with the provisions of par. (3) shall not exceed two minutes. | |
Art. 154 (1) In addition to the legislative or political debates that take place in the Chamber, according to the agenda, a deputy may request to be given the floor for procedural issues, for a right of reply or to communicate to the plenary personal issues. (2) When a Member requests the floor for procedural questions or for the right of reply, the President shall be obliged to give the floor immediately. (3) A Member may request a point of order only if he considers that certain provisions of the Rules of Procedure have been violated at the time of the debate, which he will refer to in his speech. (4) A deputy may request the right of reply in the event that, at his address, at that moment of the debates, incorrect or offensive statements were made from the microphone of the Chamber of Deputies. The right of reply shall be worded in a manner which does not give rise to a new right of reply. (5) A deputy may ask to speak on a personal matter related to his or her status as a Member, and the President shall give the floor at the beginning or end of the sitting. (6) The speeches made in accordance with the provisions of par. (3), (4) and (5) will not exceed two minutes. (7) This article shall also apply to the meetings of the committees of the Chamber of Deputies, accordingly. | |
Art. 155 (1) The President of the sitting or the leader of a parliamentary group may request the conclusion of the debate on an issue raised by the Chamber. (2) The proposal to end the debate shall be adopted by a majority of the deputies present.
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Art. 156 (1) It is forbidden to disturb the parliamentary activity, to utter insults or slanders both from the tribune of the Chamber and from the meeting room of the plenary, of the committees or of the other working bodies of the Parliament. (2) The dialogue between the speakers in the gallery and the people in the hall is forbidden. (3) In parliamentary debates, deputies do not adopt derogatory, racist or xenophobic behaviour and language, nor do they carry banners or banners. | |
Art. 157 (1) The chairperson of the sitting calls to order the deputy / deputies who disturb the debates or create disorder. If, after the call to order, the deputy / deputies continue to deviate from the rules or impede in any way the normal conduct of business, the chairperson shall withdraw the floor and, if he / they persists, shall order the removal from the room. The Secretary-General shall ensure, without delay, the implementation of such a disciplinary measure with the assistance of the staff of the Internal Affairs Directorate of the Chamber of Deputies. (2) If the disturbance persists and there is a disruption of parliamentary activity, and this compromises the continuation of the debates, the President of the sitting, in order to restore order, suspends the sitting for a certain period of time or closes it. It shall resume when convened by the President of the meeting. (3) In case the deputy / deputies disturb the sitting in a serious way or disturb the works of the Parliament repeatedly, violating the provisions of art. 235, the President of the meeting proposes the corresponding sanction. (4) If applicable, taking into account the seriousness of the violation of the rules of conduct provided by art. 235, the President of the meeting may address to the Committee for Legal Matters, Discipline, and Immunities the request for a report for the application of a sanction. (5) The Standing Bureau shall forward to the Committee for Legal Matters, Discipline, and Immunities the request for sanctioning the Member for the adoption of the appropriate measure. The deputies concerned shall be invited to submit written observations in their defense. The decision of the Committee for Legal Matters, Discipline, and Immunities shall be notified to the Member and forwarded to the Standing Bureau. | |
Art. 158 (1) The debates from the sittings of the Chamber of Deputies shall be registered by electronic means and shall be shorthanded. (2) The transcripts are introduced on the website of the Chamber of Deputies and are published in the Official Gazette of Romania, Part II, in no more than 10 days, except for those related to secret meetings. (3) The summaries of the meetings of the committees shall be published on the website of the Chamber of Deputies within a maximum of 10 days, except for those relating to secret meetings. (4) Deputies have the right to verify the accuracy of the transcript, by confronting it with the electronic registration, within 5 days from the date of the sitting. (5) Until the publication of the Official Gazette of Romania, the deputies have the right to obtain a copy of the transcript. | |
SECTION 9 The procedure regarding the request for criminal investigation of the members or former members of the Government who are deputies | |
Art. 159 The Chamber of Deputies has the right to request the criminal prosecution of any member of the Government. | |
Art. 160 (1) The debate of the request provided in art. 159 can be made on the basis of the report drawn up by a committee of inquiry or on the basis of a report drawn up by a standing committee under the conditions of art. 72. (2) If the President of the Chamber of Deputies receives a request from the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice, addressed to the Chamber of Deputies, for it to request the prosecution of a member of the Government who is also a deputy, that request is brought. to the notice of the Standing Bureau of the Chamber of Deputies immediately. The request must be motivated de facto and de jure. The Standing Bureau of the Chamber of Deputies has the obligation to ask the Committee for Legal Matters, Discipline, and Immunities to present, within 5 days, a first assessment of the request and an estimate of the time needed to hear the deputy and to study the documents submitted by the prosecutor. general. On the basis of the preliminary assessment, the Standing Bureau of the Chamber of Deputies will set a deadline for the submission of the report by the Committee for Legal Matters, Discipline, and Immunities, which may not exceed 14 days. (3) The report will include all the arguments, both in favor of approving the application and against approving it. The arguments in favour of approving the request are those formulated by the deputies, as well as those contained in the request of the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice. The arguments against the approval of the request are those formulated by the deputies, as well as those formulated by the ministry in question and by his defenders. All arguments will be related to meeting the criteria and guidelines for lifting parliamentary immunity contained in Chapter V of "Report of the Venice committee on the purpose and lifting of parliamentary immunity CDL-AD (2014) 011". (4) The hearing of the member of the Government who is a deputy is mandatory, and in case he refuses or is objectively unable to appear before the committee, this fact must be recorded in the report of the Committee for Legal Matters, Discipline, and Immunities In the event that the deputy in question is objectively unable to appear at the hearing, a new deadline will be set. (5) The report of the committee shall be approved by secret ballot of a majority of the members present. (6) The reports on the request for criminal investigation shall be presented and debated in the plenary of the Chamber of Deputies within 5 days at the most from their submission to the Standing Bureau. (7) The President of the committee that drafted the report, the minister to whom the request relates and, as the case may be, a representative of each parliamentary group, after which a vote shall be taken, shall speak at the debate on the request for criminal investigation. (8) The draft decision on the request for criminal investigation, prepared by the Legal, Discipline and Immunities committee, is adopted with the vote of the majority of the deputies present, in compliance with the provisions of art. 67 of the Constitution of Romania, republished. The vote is secret and is expressed by ballots. The decision on the request for criminal investigation is published in the Official Gazette of Romania, Part I. (9) If the Chamber of Deputies is not in session, the President of the Chamber of Deputies shall convene an extraordinary session and shall take the necessary measures to comply with the time limits laid down in this Article. | |
Art. 161 (1) If the Chamber of Deputies decides to request the criminal investigation, the President of the Chamber shall communicate this to the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice. The respective decision of the Chamber of Deputies will be sent to the President of Romania for the eventual suspension from office of the member of the Government whose criminal investigation has been requested. (2) If the Chamber of Deputies does not decide to request the criminal investigation, the President of the Chamber shall communicate this to the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice. (3) The provisions of art. 159, of art. 160 and of par. (1) and (2) of this article are also applicable to former members of the Government who have the function of deputy, for deeds committed as a minister. | |
Art. 162 The provisions of Art. 125- 128 shall apply accordingly. | |
CHAPTER III Parliamentary control over the decision-making process at the level of the European Union | |
SECTION I Common provisions | |
Art. 163 The Chamber of Deputies exercises its constitutional attributions regarding the parliamentary control over the decision-making process at the level of the European Union, according to art. 111, 112 and art. 148 para. (4) and (5) of the Constitution of Romania, republished, art. 10 and 12 of the Treaty on European Union (TEU), Protocol no. 1 and Protocol no. 2 annexed to the TEU and the Treaty on the Functioning of the European Union (TFEU) and Law no. 373/2013 on cooperation between Parliament and the Government in the field of European affairs, in the following forms: a) participation in the formation of Romania's position on the European Union's proposals, adopted in the Council of the European Union, selected by the Chamber of Deputies for parliamentary examination, by analyzing the merits of the proposals and issuing observations and recommendations on policy options and recommendations on additions or amendments some provisions; b) exercising the prerogatives provided by Protocol no. 2 Annexed TEU and TFEU on the early warning mechanism for ex ante control of subsidiarity by national parliaments; c) participation in the informal political dialogue proposed by the European committee in the Communication "Delivering Results for Europe"; d) participation in the formation of Romania's position in the European Council, by adopting proposals regarding the mandate that the Romanian delegation intends to present; e) ensuring the fulfillment by the Government of its obligations towards the Parliament; f) exercising the prerogatives regarding the actions addressed to the Court of Justice of the European Union, regarding the violation of the principle of subsidiarity; g) exercising other prerogatives provided for in the treaties and intended for the action of national parliaments. | |
SECTION 2 Procedure for examining draft legislative acts and draft non-legislative acts of the European Union | |
A. General dispositions | |
Art. 164 For the purposes of this procedure, the terms and expressions below have the following meanings: a) reasoned opinion - the document adopted by the Chamber of Deputies, by decision, setting out the reasons why a draft of European legislative act is considered to infringe the principle of subsidiarity, in accordance with the provisions of Protocol no. 2 on the application of the principles of subsidiarity and proportionality, annexed to the TEU and the TFEU; b) opinion - the document adopted by the Chamber of Deputies, by decision, following the completion of the parliamentary examination of a draft legislative act or a draft non-legislative act of the European Union; c) parliamentary examination - the procedure by which the Chamber of Deputies examines and evaluates draft legislative acts or non-legislative acts of the European Union in terms of the substance of the regulation and their implications or the procedure by which the Chamber of Deputies evaluates how draft legislative acts of the European Union respects the principles of subsidiarity and proportionality, under Protocol no. 2 on the application of the principles of subsidiarity and proportionality, annexed to the TEU and the TFEU; d) mandate - the negotiating position of Romania in the Council of the European Union or the position of the Romanian delegation at the meetings of the European Council; e) draft legislative acts of the institutions of the European Union - proposals from the European committee, initiatives by a group of Member States, initiatives by the European Parliament, requests from the Court of Justice of the European Union, recommendations from the European Central Bank and requests from the European Investment Bank European Union regulations, directives or decisions; f) draft non-legislative acts - draft acts issued by the institutions of the European Union which are not adopted by legislative procedure, in accordance with the TEU and the TFEU; g) parliamentary examination reserve - the procedure by which the Romanian Government informs the Council of the European Union regarding the initiation of the parliamentary examination procedure by the Parliament or by one of the two Chambers, according to Law no. 373/2013. | |
Art. 165 (1) The draft legislative acts and the draft non-legislative acts of the European Union selected according to their relevance are subject to parliamentary examination. (2) Draft legislative acts of the European Union are examined from the point of view of compliance with the principle of subsidiarity, where appropriate, and from the point of view of the substance of the proposal. (3) Draft non-legislative acts of the European Union are examined from the point of view of the substance of the proposal. | |
Art. 166 (1) The parliamentary examination shall be completed by the elaboration of the following acts: a) reasoned opinion, in case the Chamber of Deputies identifies non-compliance with the principle of subsidiarity by a draft legislative act of the European Union, selected for examination by the Chamber of Deputies; b) opinion in the case of the analysis of the merits of the draft legislative acts and of the draft non-legislative acts of the European Union selected for examination by the Chamber of Deputies. (2) The reasoned opinion and opinion shall be adopted by a decision of the Chamber of Deputies. (3) The draft decision aimed at approving a reasoned opinion shall be voted in the plenary of the Chamber of Deputies in the first sitting since its inclusion on the agenda, without exceeding the 56 calendar days from receipt of the letter of notification from the European Union institutions. (4) The draft decision having as object the adoption of an opinion shall be voted in the plenary of the Chamber of Deputies in the first sitting since its inclusion on the agenda. (5) The decision is adopted with the vote of the majority of the deputies present, in accordance with the provisions of art. 132 para. (3), and is published in the Official Gazette of Romania, Part I. (6) The decision is signed by the President of the Chamber of Deputies who orders its transmission to the Government of Romania, the European committee, the European Parliament, the Council of the European Union, as well as to other institutions of the European Union involved in the decision-making process. | |
Art. 167 (1) The The Committee on European Affairs and the permanent specialized committees establish the opportunity of appointment, in accordance with art. 58, of a rapporteur for each draft legislative act or draft non-legislative act subject to parliamentary examination, pursuant to this section. (2) The rapporteur or Member deputy of the Committee on European Affairs, appointed by the latter, shall present the draft decision of the Chamber of Deputies in plenary. | |
B. Selection of draft legislative acts and of draft non-legislative acts of the European Union | |
Art. 168 (1) The Chamber of Deputies selects draft legislative acts and draft non-legislative acts of the European Union for their examination. (2) The selection shall be made annually, immediately after the adoption of the Annual Work Program of the European committee, or whenever the European Union proposes a legislative act or a non-legislative act that the Chamber of Deputies considers relevant to be examined. | |
Art. 169 1. The Committee on European Affairs shall make a selection of the proposals in the annual work program of the European committee, with a view to drawing up a list of priority proposals, following an assessment of their relevance. (2) The selection provided in par. (1) shall be carried out on the basis of prior consultation with the standing specialized committees and debate within the Committee on European Affairs. | |
Art. 170 The Committee on European Affairs centralizes the proposals of the permanent specialized committees, adding, if necessary, the draft normative acts of the European Union for which the Romanian Government elaborates general mandates, and sends to the Standing Bureau, for approval, the list of priority proposals. | |
Art. 171 The Committee on European Affairs may propose to the Standing Bureau a supplement to the list of priority proposals, either on its own initiative or at the initiative of another standing committee. | |
C. Examination of draft legislative acts and of draft non-legislative acts of the European Union | |
Art. 172 The Committee on European Affairs regularly submits to the Standing Bureau of the Chamber of Deputies draft legislative acts and draft non-legislative acts received from the European Union, mentioning those in the list of priority proposals selected for consideration. | |
Art. 173 (1) The Standing Bureau of the Chamber of Deputies shall transmit the list of all draft legislative acts and draft non-legislative acts adopted by the European Union to all standing committees and the Committee on European Affairs, mentioning those selected and approved for examination from the point of view of the control of the observance of the principle of subsidiarity, respectively from the point of view of the merits, the notified committees and the terms for the completion of the examination. (2) Any standing committee, other than the Committee on European Affairs, may request, with the opinion of the Committee on European Affairs, the approval of the Standing Bureau of the Chamber of Deputies for the examination of draft legislative or non-legislative acts selected for consideration. was notified. (3) Any standing committee, other than the Committee on European Affairs, may, with the opinion of the Committee on European Affairs, request the Standing Bureau of the Chamber of Deputies not to begin its examination of draft legislative and non-legislative acts for which it has been referred, presenting its motivation. | |
Art. 174 If the Standing Bureau of the Chamber of Deputies does not meet within 7 days from the receipt of the list provided in art. 172 or does not take a decision regarding it, the transmission is made by the president of the Chamber of Deputies, with the subsequent information of the Standing Bureau. | |
Art. 175 (1) The committees shall examine the draft acts of the European Union for which they have been notified through the organization of debates, hearings and exchange of information, taking into account the deadlines established by the Standing Bureau of the Chamber of Deputies. (2) The committees notified may, with the opinion of the Committee on European Affairs, request the Standing Bureau of the Chamber of Deputies to change the initial time limits for completion of the draft opinion. (3) The Committee on European Affairs shall examine the possibility of changing the deadline, in accordance with the timetable for adoption by the European Union, and shall inform the Standing Bureau. (4) In case of approval of the request provided in par. (2) the committees notified with the respective proposal are informed. | |
Art. 176 (1) Following the examination, the standing standing committees referred to, other than the Committee on European Affairs, shall draw up a draft opinion containing observations and recommendations on the substance of the proposal and, where appropriate, on compliance with the principles of subsidiarity and proportionality. of the European Union, which it shall forward to the Committee on European Affairs no later than 5 working days before the deadline set by the Standing Bureau of the Chamber of Deputies for completion of the examination by the Committee on European Affairs. (2) If the principle of subsidiarity is found to be in breach of a legislative act, the draft opinion, containing the observations and recommendations thereon, shall be forwarded by the Standing Committee to the Committee on European Affairs, but not later than 35 days. from the receipt of the letter of notification from the institutions of the European Union. | |
Art. 177 In the event of a breach of the principle of subsidiarity by a European Union legislative project, the Committee on European Affairs ensures that this information is transmitted to national parliaments via the IPEX platform, stating that the reasoned opinion is in the draft stage and does not represent a point of view. official view of the Chamber of Deputies. | |
Art. 178 1. The Committee on European Affairs, after examining the draft opinions submitted by the standing committees and the conclusions of their debates, shall adopt, as appropriate, the following documents: a) reasoned opinion for non-compliance with the principle of subsidiarity by a legislative act of the European Union, stating the reasons; b) opinion, which includes observations and recommendations on policy options and recommendations on additions or amendments to certain provisions, following the analysis of the substance of the European Union proposal. (2) The Committee on European Affairs draws up the draft decision of the Chamber of Deputies for the reasoned opinion and sends it to the Standing Bureau of the Chamber of Deputies no later than the 42nd day after receipt of the letter of notification from the European Union institutions. of the Chamber of Deputies. (3) The Committee on European Affairs draws up the draft decision of the Chamber of Deputies for adoption of the opinion and forwards it to the Standing Bureau, without delay, for inclusion in the agenda of the Chamber of Deputies. | |
Art. 179 (1) The draft decision having as object the approval of a reasoned opinion finding the violation of the principle of subsidiarity by a legislative project of the European Union or the approval of an opinion shall be entered by the Standing Bureau of the Chamber of Deputies on the agenda of the plenary Deputies, in order to adopt under the conditions provided in art. 166 para. (3) - (6). (2) The decision of the Chamber of Deputies having as object the reasoned opinion regarding the violation of the subsidiarity principle or the opinion with substantive observations shall be published on the website of the Chamber of Deputies and on the IPEX platform. | |
Art. 180 The Committee on European Affairs and the standing specialized committees notified follow the whole evolution of the negotiation process within the European Union institutions and the successive documents that can be adopted during this process. | |
Art. 181 (1) In the event of significant developments or changes in a draft legislative act or a draft non-legislative act, the Committee on European Affairs or any standing committee may request the Standing Bureau of the Chamber of Deputies to reopen the examination. 2. The committee requesting the reopening of the examination shall immediately notify the other committees initially notified. | |
Art. 182 The reopening of the examination is approved by the Standing Bureau of the Chamber of Deputies, which initiates the procedure for examining the merits according to the provisions of art. 172-179. | |
SECTION 3 Reconciliation of the provisions with divergent content from the decisions of the two Chambers | |
Art. 183 (1) In the situation where the Government of Romania requests the Parliament, according to art. 3 para. (3) of Law no. 373/2013, a joint decision to reconcile the provisions with divergent content from separate decisions of the Chambers on the same proposal of the European Union, the European Affairs Committee collaborates with the corresponding Senate committee to reconcile points of disagreement and sends an opinion to the Standing Bureau of the Chamber of Deputies to amend the judgment in question, within the meaning of those agreed with the Senate Committee on European Affairs. (2) The Committee on European Affairs drafts the decision amending the previous decision of the Chamber of Deputies and sends it to the Standing Bureau of the Chamber of Deputies. (3) The Standing Bureau of the Chamber of Deputies proposes the inclusion on the agenda of the plenary of the draft decision for the modification of the previous decision of the Chamber of Deputies. (4) The Chamber of Deputies may adopt the draft decision to amend its previous decision, in which case the procedure shall end. (5) The Chamber of Deputies may totally or partially reject the conciliation proposals, in which case the Permanent Bureaus of the two Chambers are notified, in order to organize a debate in the plenum of the reunited Chambers. (6) The procedure from par. (1) may also be finalized by amending the initial decision of the Senate, depending on those agreed by the committees. (7) If the Committee on European Affairs and the corresponding committee of the Senate do not reach an agreement on all points of disagreement, the committees shall refer to the Permanent Bureaux of the two Chambers, with a view to holding a debate in the plenary of the reunited Chambers. (8) Parliament adopts a joint decision to reconcile the provisions with divergent content from separate decisions of the two Houses on the same proposal of the European Union. (9) The adopted decision is sent to the Romanian Government as soon as possible. | |
SECTION 4 Exchange of information and documents between the Chamber of Deputies and the Government of Romania | |
Art. 184 (1) The Chamber of Deputies shall transmit to the Government, at the initiative of the Committee on European Affairs, the following documents: a) the list of priority documents selected from the European committee's Annual Work Program; b) notifications regarding the initiation of the parliamentary examination, according to the procedure in this section; c) notifications in connection with the reopening of the parliamentary examination; d) decisions of the Chamber of Deputies on reasoned opinions or opinions; e) decisions of the Parliament on the provisions from decisions of the two Chambers having divergent content; f) documents relating to ensuring that the Government fulfills its obligations to Parliament; g) documents relating to an action for annulment brought before the Court of Justice of the European Union for infringement of the principle of subsidiarity; h) other information or documents regarding the positions adopted by the Chamber of Deputies towards the actions of the European Union or requested by the Government, in application of Law no. 373/2013. (2) The Chamber of Deputies receives from the Government, ex officio, or at the request initiated by the committee for European Affairs, according to Law no. 373/2013, the following documents: a) explanatory sheets or extended explanatory sheets for each draft legislative act of the European Union and general information for each draft non-legislative act of the European Union, for which the parliamentary examination procedure has been initiated according to the procedure in this section; b) draft legislative acts and draft non-legislative acts of the European Union, as well as their accompanying documents which have not already been transmitted by the European committee; c) motivations for the support by the Government of a position other than the one expressed in the decision of the Chamber of Deputies; d) documents relating to ensuring that the Government fulfils its obligations to Parliament; e) proposals for mandates that the Romanian delegation intends to present to the European Council, as well as information on the results of participation in the European Council; e) periodic reports on the results of Romania's participation in the decision-making process at the level of the Council of the European Union; f) semi-annual reports on the fulfilment of the obligations to transpose European Union law into national law; g) information on significant changes to the general mandates or mandates for draft legislative acts that have been the subject of parliamentary scrutiny; h) documents regarding the persons nominated or appointed by the Government for the positions within the institutions of the European Union; i) documents regarding the parliamentary examination reserve; j) other information or documents requested by the Chamber of Deputies, in application of Law no. 373/2013. k) Explanatory sheets, general information and all other documents intended for the examination of the proposals of the European Union, sent by the Government, other public institutions or civil society organizations are distributed to the notified committees. | |
SECTION 5 Verification of the fulfilment of the Government's obligations | |
Art. 185 The fulfilment of the Government's obligations regarding the information of the Chamber of Deputies and the taking over of the points of view of the Chamber of Deputies or the Parliament, in the negotiating mandate for the Council of the European Union, is ensured as follows: a) The Committee on European Affairs draws up, whenever necessary, notes assessing the degree of compliance of the Government with the obligations established by law; b) the evaluation notes provided in let. a) identify the missing documents and information, the quality of documents and information, the degree to which they were taken over in the Government mandate for the Council of the European Union, the views of the Chamber of Deputies, in general, and punctually, regarding each provision of the Chamber Deputies or Parliament; c) If it considers that the Government's obligations have not been fulfilled, the Committee on European Affairs requests the Government structure with responsibilities for European affairs, appointed by the Government to manage the relationship with Parliament, to complete or amend the national data, documents or negotiating position. in the Council, proposed by the Government; d) The Committee on European Affairs notifies the Standing Bureau of the Chamber of Deputies if it considers that the governmental structure with attributions in the field of European affairs, appointed by the Government to manage the relationship with the Parliament, did not respond to the request provided in let. c). | |
SECTION 6 Bringing an action before the Court of Justice of the European Union | |
Art. 186 (1) The Committee on European Affairs or at least a quarter of the number of deputies may submit to the Standing Bureau a draft decision of the Chamber of Deputies with a view to bringing an action before the Court of Justice of the European Union for infringement of the principle of subsidiarity by an act legislation of the European Union in force, pursuant to art. 8 of Protocol no. 2 on the application of the principles of subsidiarity and proportionality, annexed to the TEU and TFEU, and of art. 263 of the TFEU. (2) The decision of the Chamber of Deputies shall be adopted with the vote of the majority of the deputies present and shall be communicated immediately to the Government of Romania, in order to initiate the representation procedure before the Court of Justice of the European Union. | |
Art. 187 Before the Court of Justice of the European Union, the Chamber of Deputies is represented by a special agent appointed by the plenum of the Chamber of Deputies on the proposal of the President of the Chamber. | |
Art. 188 (1) The Government may not withdraw the action before the Court of Justice of the European Union on behalf of the Chamber of Deputies. (2) The withdrawal of the action before the Court of Justice of the European Union takes place by decision of the Chamber of Deputies adopted with the vote of the majority of the deputies present. | |
CHAPTER IV Motions, questions, interpellations, informing deputies, petitions and political statements | |
1. Motions | |
Art. 189 (1) The simple motion may be initiated by at least 50 deputies and expresses their position on a certain internal or foreign policy issue or, as the case may be, on an issue that has been the subject of an interpellation. (2) Until the end of the debate on a simple motion, a Member who has signed it may not sign other simple motions on the same issue. (3) The initiation of the censure motions takes place under the conditions provided in art. 94 of the Regulation of the common activities of the Chamber of Deputies and the Senate, republished. (4) The President of the Chamber will not take into account the simple motions that do not meet the requirements provided in par. (1) nor those aimed at specific purposes of the motion of censure. | |
Art. 190 (1) Simple motions must be motivated and submitted to the chairperson during public hearings. (2) After receiving the simple motion, the President of the Chamber shall immediately communicate it to the Government and bring it to the notice of the Chamber, after which he shall order its display at the seat of the Chamber of Deputies. | |
Art. 191 (1) The President of the Chamber establishes the date of the debate of the simple motion, which cannot exceed 6 days from its registration, notifying the Government in this respect. (2) Simple motions on foreign policy issues shall be debated only accompanied by the opinion of the Committee on Foreign Policy and in consultation with the Ministry of Foreign Affairs. | |
Art. 192 The debate of the simple motion is made in compliance with the provisions contained in art. 144-158 and is approved with the vote of the majority of the deputies present. | |
Art. 193 After the discussion of the simple motion begins, the deputies cannot withdraw their adhesion to the motion, the debate will be concluded by the submission of the motion to the vote by the president of the Chamber. | |
Art. 194 No amendments can be proposed to the simple motions presented. | |
Art. 195 If a simple motion is approved, the decision of the Chamber will be sent to the Government, which will take into account the position expressed in the respective motion. | |
2. Questions | |
a) Common provisions | |
Art. 196 (1) Each deputy may formulate written questions or may address oral questions to the Government, ministers or other heads of public administration bodies, to which he requests an oral answer, a written answer or a written and oral answer. (2) The question consists in a simple request to answer if a fact is true, if an information is accurate, if the Government and other public administration bodies intend to communicate to the Chamber the information and documents required by the Chamber of Deputies or standing committees or if the government intends to make a decision on a particular issue. | |
Art. 197 (1) The President of the Chamber has the right not to admit questions that: a) concern issues of personal or private interest; b) seek exclusively to obtain legal advice; refers to lawsuits pending before the courts or may affect the settlement of cases pending in court; c) concern the activity of persons who do not hold public office. (2) The questions shall be submitted in writing to the parliamentary group to which the deputy belongs in order to be submitted to the designated secretary of the Chamber of Deputies. Non-attached deputies shall submit questions directly to the Secretary appointed by the Standing Bureau of the Chamber of Deputies. (3) The answers to the questions shall be given within 15 days of their transmission by the Secretary of the Chamber of Deputies, but not later than 30 days, if there is a justified motivation submitted to the Standing Bureau of the Chamber of Deputies. (4) If the deputy who asked a question to which he requested an oral answer is not in the sitting room, the member of the Government shall submit the answer in writing to the secretary of the Chamber, who is in the presidium. (5) In duly justified cases, if the Member who requested an oral answer cannot be present in the sitting room on the day the Secretary of the Chamber announced that he is scheduled to receive the answer, but wishes to have the opportunity to object to any answer, he may ask for the answer to be postponed only once. The request of the deputy to postpone the answer shall be submitted to the designated secretary of the Chamber and shall be communicated to the minister delegated for the relationship with the Parliament. (6) The unanswered questions are published in the Official Gazette of Romania, Part II, at the end of each ordinary session. | |
b) Oral questions | |
Art. 198 (1) The deputies may address oral questions to the members of the Government, usually between 18.00-20.00, on Monday, except for the day on which the time of the Prime Minister takes place. Oral questions shall be put by the Member to that member of the Government responsible for the field to which the question relates. In the same period of time, in the following week, also on Monday, the interrogations to which the members of the Government are to answer are addressed. (2) The subject of oral questions shall be notified in writing and shall be submitted to the designated secretary of the Chamber of Deputies no later than 14.00 on Wednesday of the week preceding the week in which the question is to be put. The Secretary of the Chamber of Deputies informs the Minister Delegate for Relations with the Parliament on the oral questions to which the members of the Government are to answer during the sitting dedicated to them. (3) The answers to the oral questions shall be given within 15 days from the date of their transmission by the Secretary of the Chamber of Deputies. | |
Art. 199 (1) The oral question shall be summarized within a maximum of two minutes. The competent minister answers the question addressed to him within 3 minutes. The author of the question, after hearing the answer, can intervene with clarifications and comments, without exceeding two minutes. The Minister may exercise the right of reply within the same period. No further intervention on that question may take place. (2) If a minister cannot answer 3 questions within the stipulated deadlines, he is obliged to participate, in the next week, at the Government hour, in order to answer these questions. If a Member has asked questions to members of the Government and is absent 3 times from meetings intended to receive answers, he or she may not ask further questions during that session. (3) The Member of the Government may postpone the answer to the oral question for the following week only in duly justified cases. (4) If the member of the Government to whom the question is addressed is not present, the answer will be given in the next week's meeting, devoted to oral questions. The President of the Chamber of Deputies informs the Prime Minister about the postponed answers. | |
c) Written questions | |
Art. 200 (1) Each deputy has the right to address to the Government, its members or other leaders of the public administration bodies written questions that are submitted to the appointed secretary of the Chamber of Deputies, by the parliamentary group to which the deputy belongs; non-attached Members shall submit written questions directly to the Secretary-General. (2) deputies who ask written questions will specify whether they want a written answer, an oral answer or an answer both in writing and orally. (3) Written questions shall be forwarded to members of the Government and other public authorities by the designated secretary of the Chamber of Deputies. (4) Deputies have the right to ask written questions even when the Chamber of Deputies is not in session. The answers will be formulated in writing. | |
Art. 201 (1) The answers to the written questions shall be sent to the deputy within maximum 15 days. Both the written questions and the related answers are published on the Chamber's website. (2) Questions for which an oral answer is requested from the rostrum of the Chamber of Deputies shall be placed on the agenda of the sitting in succession, but not later than 15 days from the date of their registration. (3) The answers to the questions provided in par. (2) shall be given within 30 minutes of the time allotted to the oral questions. An answer cannot exceed 3 minutes. If the answer to a question gives rise to a reply from the person who asked the question, the time for reply shall not exceed 3 minutes. (4) Written answers to written questions shall be submitted by the representative of the authority which formulated them to the designated secretary of the Chamber of Deputies to answer questions and interpellations. | |
Art. 202 If the time allotted to the answers to the questions is not sufficient, the answers that were not presented will be recorded on the agenda of the next Monday's meeting. | |
Art. 203 No deputy may address more than one question in the same sitting. | |
3. Parliamentary Questions | |
Art. 204 (1) The interpellations are made in writing, showing their object, without any development. The interpellations formulated by the deputies are submitted to the appointed secretary of the Chamber of Deputies by the parliamentary group to which they belong, as well as by the non-affiliated deputies. (2) The interpellation consists in a request addressed to the Government by a parliamentary group, by one or more deputies, requesting explanations on the Government's policy on important issues of its internal or external activity. The government and each of its members are required to respond to inquiries within two weeks. For good reasons, the Standing Bureau of the Chamber of Deputies may grant a single term of 15 days. | |
Art. 205 (1) The interpellations shall be entered, in the order of presentation, in a special register and shall be displayed at the headquarters of the Chamber. (2) The development of the interpellations takes place in the meeting on Monday, alternately with the sessions dedicated to the questions. On Monday, dedicated to the answers to the interpellations, their development is usually done between 18.00-20.00. The duration of the interpellation development cannot exceed 3 minutes. (3) In the answer session, the author of the interpellation has one minute to recall the topic. The minister concerned must reply within a maximum of 3 minutes, after which the author has one more minute to ask for further clarification, and the minister has one minute to reply. (4) In the sitting devoted to the debate on interpellations, a parliamentary group may not present more than one interpellation. If the time devoted to interpellations allows, a parliamentary group may also develop a second interpellation. | |
Art. 206 (1) The interpellated ministers or the state secretaries designated by them have the obligation to participate in the meeting dedicated to the answers to the interpellations. (2) If a minister does not answer within the terms provided in 3 interpellations, they will be forwarded to the prime minister who will have to answer the respective interpellations in the next meeting dedicated to the prime minister's time. | |
Art. 207 The Chamber of Deputies can adopt a simple motion to express its position on the issue that was the subject of the interpellation. | |
4. Government time | |
Art. 208. (1) During the ordinary sessions, every Monday, except for the day destined for the prime minister's hour, as a rule, between 16.00-18.00, political debates take place, with the participation of 2 ministers, on topics well-defined policies of major interest. Political debates are organized at the request of opposition parliamentary groups and the parliamentary majority, alternately. The meeting is also attended by ministers who did not answer, on time, 3 questions. (2) The representative of the parliamentary group that requested the debate has 5 minutes to present the topic of the debate. (3) The Minister concerned has 5 minutes to respond. The group representative has 3 minutes for further clarification. The other groups have 3 minutes to present their views, except for the largest parliamentary group in the opposition, which has 5 minutes. The representative of the non-attached deputies shall have one minute. At the end of the debate, the minister must respond within 5 minutes. | |
5. Prime Minister's hour | |
Art. 209 (1) Once a month, usually on the first Monday of each calendar month, political debates take place with the participation of the Prime Minister, on issues of major interest for political, economic and social life. Political debates are organized both at the request of parliamentary groups and at the request of the Prime Minister, alternatively. (2) The request shall be submitted to the Standing Bureau of the Chamber of Deputies, in writing, by one or more parliamentary groups, specifying the proposed topic of debate, and the Standing Bureau shall immediately inform the Prime Minister. (3) The Prime Minister has the obligation to participate in the requested debate. (4) If the debate is requested by the opposition deputies, they have 5 minutes to present the topic of the debate. The prime minister has 5 minutes to present his point of view. The representatives of the parliamentary groups have 5 minutes for the intervention, except for the parliamentary majority which will have 15 minutes for the intervention. The representative of the non-attached deputies shall have two minutes. At the end of the debate, the Prime Minister has 5 minutes to respond to the interventions. (5) If the debate is requested by the parliamentary majority, the Prime Minister has 15 minutes to present the topic of the debate. Representatives of parliamentary groups have 5 minutes each for intervention, and the representative of the non-attached deputies has two minutes. At the end of the debate, the Prime Minister has 10 minutes to respond to the interventions. (6) If the debate is requested by the Prime Minister, he shall have 15 minutes to present the topic of the debate. The representatives of the parliamentary groups have 5 minutes each for the intervention, and the representative of the non-affiliated deputies has two minutes at his disposal. At the end of the debate, the Prime Minister has 5 minutes to respond to the interventions. (7) At the end of the debate, the Prime Minister must answer questions that the relevant minister did not answer. | |
6. Informing the Chamber of Deputies and the deputies | |
Art. 210 The Chamber of Deputies and the deputies have the right to obtain the necessary information in order to carry out their activity from the public administration bodies. | |
Art. 211 (1) The deputy may request from the elected central and local public administration bodies, by a request addressed to the president of the Chamber of Deputies or to the president of the permanent committee of which he is a part, any information or documents, in certified copy, useful for carrying out his activity. The request may be refused if it concerns state secrets of particular importance. The refusal is brought to the attention of the Chamber of Deputies, which will decide in secret session. (2) If the requested information or documents concern, according to the law, state secrets, the Government informs the Chamber of Deputies about it, and the Chamber decides in secret session. (3) The documents are returned after consultation. | |
7. Petitions | |
Art. 212 (1) Everyone has the right to address petitions to the Chamber of Deputies. (2) The petitions shall be submitted in writing and signed, specifying the domicile of the petitioner or of one of the petitioners. | |
Art. 213 The petitions are entered in a register, in the order of receipt, recording the registration number, the name, the first name, the domicile of the petitioner and the object of the request. The electronic form of the register will be presented on the website of the Chamber of Deputies. | |
Art. 214 (1) The registered petitions shall be sent to the committee for the Investigation of Abuses, Corruption and for Petitions and other standing committees, for debate and settlement. (2) Any member of the Chamber may take note of the content of a petition, addressing in this respect the President of the notified committee. | |
Art. 215 (1) The notified committee will decide, within maximum 10 days, whether to send the petition to a competent public authority or to file it. (2) The petitioner shall be informed of the solution adopted. | |
Art. 216 (1) Every six months, the committee for the Investigation of Abuses, Corruption and Petitions shall submit to the Standing Bureau and then to the Chamber, at the beginning of each session, a report on the petitions received and on the manner of resolving them. (2) The report will mention the solutions given by the public authorities to the petitions that were sent to them for settlement. (3) The public authorities that have received petitions for settlement are obliged to send to the committee the adopted solutions, within maximum one month from the receipt of the petition. | |
8. Political statements and interventions | |
Art. 217 (1) Every week, at the proposal of the Standing Bureau of the Chamber of Deputies, with the approval of the Committee of Leaders of Parliamentary Groups, plenary sessions shall be organized, usually on Tuesdays and Wednesdays, dedicated to political statements and speeches by deputies. (2) Political statements or other interventions shall be made in writing or orally. If the statements or speeches are made orally, they shall not exceed 3 minutes. If the deputy exceeds the allotted time, the President of the sitting has the right to withdraw his speech. No Member of Parliament may present orally or in writing more than one statement or intervention in the same sitting. (3) The order of speeches will be alternative and will be made on parliamentary groups. | |
Art. 218 The registrations for the political declarations and interventions are made until 20.00 from the day prior to the sitting dedicated to the presentation of the political declarations and interventions, at the appointed secretary of the Chamber of Deputies. | |
Art. 219 If the topic and content of the political statement or certain elements of the intervention concern the activity and policy of the Government, the respective extract from the transcript will be sent to the Minister Delegate for the relationship with the Parliament. | |
CHAPTER V Statute of the deputy | |
SECTION I Parliamentary immunity | |
Art. 220 The deputies have parliamentary immunity, in accordance with the provisions of art. 72 of the Constitution of Romania, republished, from the date of issuing the certificate proving the election, under the condition of validation and taking the oath of allegiance to the country and the people. | |
Art. 221 According to art. 72 of the Constitution of Romania, republished, the deputies cannot be held legally responsible for the votes or for the political opinions expressed in the exercise of the mandate. | |
Art. 222 (1) Pursuant to art. 72 of the Constitution of Romania, republished, deputies may be prosecuted and prosecuted for acts unrelated to votes or political opinions expressed in the exercise of their mandate, but may not be searched, detained or arrested without the consent of the Chamber of Deputies, after their hearing. The prosecution and referral to criminal proceedings can be done only by the Prosecutor's Office attached to the High Court of Cassation and Justice. Jurisdiction belongs to the High Court of Cassation and Justice. (2) The request for detention, arrest or search of the deputy is addressed by the Minister of Justice to the President of the Chamber of Deputies, in order to be submitted to the approval of the members of the Chamber, pursuant to art. 72 of the Constitution of Romania, republished. The request must be motivated de facto and de jure. (3) The President of the Chamber of Deputies shall immediately bring the request to the attention of the Standing Bureau, which shall send it to the Committee on Legal Affairs, Discipline and Immunities, to draw up a report within a maximum of 3 days. The President of the Committee on Legal Affairs, Discipline and Immunities may request the Standing Bureau of the Chamber of Deputies to extend the deadline for submitting the report by a maximum of two days. (4) The report will include all the arguments, both in favor of approving the application and against approving it. The arguments in favor of approving the request are those formulated by the deputies, as well as those contained in the request of the Minister of Justice. The arguments against the approval of the request are those formulated by the deputies, as well as those formulated by the deputy in question and by his defenders. All arguments will be related to the fulfillment of the criteria and guidelines for the waiver of parliamentary immunity contained in Chapter V of the "Report of the Venice committee on the purpose and waiver of parliamentary immunity CDL-AD (2014) 011". The report of the committee shall be approved by secret ballot of a majority of the members present. (5) The draft decision on approving the request of the Minister of Justice is submitted for debate and adoption to the plenum of the Chamber of Deputies, within 5 days from the submission of the report, in compliance with the provisions of art. 67 and of art. 76 para. (2) of the Constitution of Romania, republished. (6) The President of the committee who drafted the report, the Member referred to in the request for detention, arrest or search and, on request, a representative of each parliamentary group shall speak in plenary. (7) The decision on approving the request of the Minister of Justice, drawn up by the Committee on Legal Affairs, Discipline and Immunities, shall be adopted by secret ballot of a majority of the members present. It shall be communicated immediately to the Minister of Justice and shall be published in the Official Gazette of Romania, Part I. If the Chamber of Deputies does not decide to approve the request of the Minister of Justice, he shall be notified in writing by the President of the Chamber and the parliamentary procedure ends. | |
Art. 223 (1) In case of flagrant crime, the deputy may be detained and subjected to search. The Minister of Justice shall inform the President of the Chamber of Deputies without delay of the detention and search. If the Chamber of Deputies finds that there is no ground for detention, it shall immediately order, by decision, the revocation of this measure, with the secret ballot of the majority of the members present. The decision to revoke the detention shall be executed immediately by the Minister of Justice. (2) If the Parliament is not in session, the Chamber of Deputies shall be convened urgently by the President of the Chamber at the request of the Standing Bureau. The provisions of par. (1) shall apply accordingly. | |
Art. 224 All requests for the waiver of parliamentary immunity shall be given priority on the agenda. | |
Art. 225 Deputies may be summoned before the criminal investigation body or the court as a witness. In case they are asked to testify on some facts or information that they became aware of in the exercise of their mandate and which have a classified character, the testimony will be submitted under the conditions of Law no. 182/2002 on the protection of classified information, with subsequent amendments and completions, and with the information of the Standing Bureau of the Chamber of Deputies. | |
SECTION 2 Incompatibilities, conflicts of interest and prohibitions | |
A. Incompatibility | |
Art. 226 The quality of deputy is incompatible with the exercise of any public office of authority, except for that of member of the Government, as well as with other positions established by law. | |
Art. 227 The quality of deputy is incompatible with the position of President of Romania, with that of senator and with that of member of the European Parliament. | |
Art. 228 (1) The quality of deputy is incompatible with the functions and activities of the persons who, according to the statutes, cannot be part of political parties. (2) The provisions of par. (1) shall not apply to the representatives of the organizations of citizens belonging to national minorities for which the prohibition to be part of political parties in their own statute is provided. | |
Art. 229 The quality of deputy is incompatible with the functions provided in art. 16 para. (1) and (2) of Law no. 96/2006, republished, with subsequent amendments and completions. | |
Art. 230 (1) The deputy who, at the date of entering into the exercise of the mandate, is in one of the situations of incompatibility provided in Law no. 96/2006, republished, with subsequent amendments and completions, or in other special laws, has a period of 15 days to notify the Standing Bureau of the Chamber of Deputies regarding its state of incompatibility. After the expiration of this term, the deputy will choose, within 30 days, between the mandate of the deputy and the incompatible position or positions, resigning according to his option. The resignation of the deputy is brought to the notice of the Standing Bureau of the Chamber of Deputies. (2) The deputy who did not express his option according to the provisions of par. (1) remains in a state of incompatibility. The Standing Bureau of the Chamber of Deputies shall notify the Legal, Discipline and Immunities committee in order to draw up a report, within 15 days of the referral. The committee requests the point of view of the National Integrity Agency, which will respond to the request within 5 days. The report of the committee shall be submitted to the Standing Bureau of the Chamber of Deputies, which shall inform the Member concerned and shall submit to the first sitting of the plenary of the Chamber a draft decision finding a state of incompatibility and termination of office. (3) The deputy in a state of incompatibility that occurred during the exercise of the mandate shall inform the Standing Bureau of the Chamber of Deputies of this situation, in writing, within maximum 15 days from the date of its intervention. Upon fulfillment of the term of 30 days from the notification, the provisions of par. (2) shall apply accordingly. (4) The deputy may address the Standing Bureau of the Chamber of Deputies, in order to clarify a possible personal state of incompatibility. The Standing Bureau of the Chamber of Deputies submits the request to the Committee on Legal Affairs, Discipline and Immunities, in order to draw up a report, within 15 days from the notification. If the report of the committee shows the existence of a state of incompatibility, the deputy has the obligation to choose within 30 days between the quality of deputy and the incompatible position or functions. The provisions of par. (2) shall apply accordingly. (5) The provisions regarding the declaration of the state of incompatibility provided in par. (1) - (4) shall be completed accordingly with those of Law no. 144/2007 on the establishment, organization and functioning of the National Integrity Agency, republished, with subsequent amendments and completions, and of Law no. 176/2010 on integrity in the exercise of public functions and dignities, for the amendment and completion of Law no. 144/2007 regarding the establishment, organization and functioning of the National Integrity Agency, as well as for the modification and completion of other normative acts, with the subsequent modifications and completions. (6) In case the National Integrity Agency has completed an evaluation report on the existence of a conflict of interests of a deputy, the evaluation report shall be communicated within 5 days from the completion of the person concerned, as well as to the Chamber of Deputies, in accordance with art. 21 para. (4) of Law no. 176/2010, with subsequent amendments and completions. The Standing Bureau of the Chamber of Deputies shall immediat | |
Art. 231 *) The vacancy shall be filled by the next alternate on the list of the political party, political alliance or electoral alliance if, by the date of validation of the mandate, the political party, political alliance or electoral alliance for which he / she is a candidate confirms in writing that he / she belongs to it. The validation committee will present a report on the legality of the election of the substitute to the Chamber of Deputies. *) The names are modified according to the provisions of the Law on political parties no. 14/2003, republished in the Official Gazette of Romania, Part I, no. 408 of June 10, 2015. See also the provisions of Law no. 208/2015 on the election of the Senate and the Chamber of Deputies, as well as for the organization and functioning of the Permanent Electoral Authority, published in the Official Gazette of Romania, Part I, no. 553 of July 24, 2015, with subsequent amendments and completions. | |
B. Conflict of interest | |
Art. 232 (1) In case the National Integrity Agency has completed an evaluation report on the existence of a conflict of interests of a deputy, the evaluation report shall be communicated within 5 days from the completion of the person concerned, as well as to the Chamber of Deputies, in accordance with art. 21 para. (4) of Law no. 176/2010, with subsequent amendments and completions. The Standing Bureau of the Chamber of Deputies shall urgently notify the person concerned, making a copy of the report available to him. (2) The deputy may challenge the report to the administrative contentious court within 15 days from the date of taking note of the evaluation report of the National Integrity Agency. The acknowledgment is made by communicating the report of the National Integrity Agency, under signature of receipt, to the deputy in question or, if he refuses the receipt, by the announcement made by the President of the sitting in the plenary of the Chamber of Deputies. (3) The deputy in conflict of interests is disciplined according to art. 19 para. (1) of Law no. 96/2006, republished, with subsequent amendments and completions. | |
C. Interdictions | |
Art. 233 It is forbidden to use the name accompanied by the quality of deputy in any advertising action regarding any company regulated by the Companies Law no. 31/1990, republished, with subsequent amendments and completions, financial or industrial or other similar for profit. | |
Art. 234 The deputies members of the Government cannot hold positions in the Standing Bureau, in the offices of the committees, cannot be members in the delegations of the Romanian Parliament to the international parliamentary assemblies and cannot be leaders of the parliamentary groups. | |
SECTION 3 Exercising the mandate of deputy | |
Art. 235 (1) The deputies, representatives of the people, exercise their rights and fulfill their duties throughout the legislature for which they were elected. Deputies are obliged, through their behaviour, to preserve the dignity of Parliament, to respect the values and principles defined in the Constitution, in the Statute of Deputies and Senators, in the Code of Conduct for Deputies and Senators, as well as in the internal regulations. The behaviour of the deputies is characterized by mutual respect and must not compromise the proper conduct of parliamentary work, maintaining security and internal order. (2) In parliamentary debates, deputies are obliged to submit to the rules of conduct, courtesy and parliamentary discipline, not to commit acts that impede or hinder the activity of other parliamentarians, not to use or display provocative, insulting, offensive, discriminatory expressions or slanderous. | |
Art. 236 The deputies enter into the exercise of the mandate, based on the proving certificate of the election, on the date of the legal meeting of the Chamber of Deputies, under the condition of validation and taking the oath of allegiance to the country and the people. | |
Art. 237 (1) After the validation of the mandates, the deputies are issued the membership card of the Chamber of Deputies, signed by its president. (2) The deputies receive a distinctive sign of their quality of representative of the people, with the right to wear it during the whole mandate. (3) In case of damage or loss of the card, the deputy will request in writing to the president of the Chamber of Deputies the issuance of a new card. The damaged ID card is attached to the application, and in case of loss or theft of the ID card, a statement on your own responsibility will be attached to the application. In case of damage or loss of the distinctive sign of the quality of deputy, a new sign will be issued, for a fee. (4) After the expiration of the mandate, the deputies can keep the identity card and the distinctive sign, but they do not have the right to wear that sign. (5) The model of the insignia is established by the Standing Bureau, and the expenses for its elaboration are borne from the budget of the Chamber of Deputies. | |
Art. 238 The quality of deputy ceases on the date of the legal meeting of the newly elected Chamber or in case of resignation, loss of electoral rights, incompatibility or death. | |
Art. 239 (1) If the deputy has resigned, the president, in the first public session of the plenary of the Chamber of Deputies, asks the deputy if he persists in resignation and if he answers affirmatively or does not appear in the plenary session to responds, the president takes resignation and submits to the vote of the plenum of the Chamber the adoption of the decision by which the position of deputy is vacated. (2) The deputies may withdraw their resignation by written request, addressed to the president of the Chamber of Deputies until the date on which he had to inform the plenary about the resignation. If the resignation request was submitted on the last working day of a session and no plenary sessions or parliamentary holidays are held, the deputy shall be deemed to have resigned on the date of submission of the application. The application must contain the legalization of the signature given in front of the notary or the attestation of the identity of the parties made by the lawyer. | |
Art. 240 Draft decisions on the vacancy of the deputy seat are drawn up by the Committee on Legal Affairs, Discipline and Immunities. The decisions are published in the Official Gazette of Romania, Part I. | |
Art. 241 The mandate of the deputy is extended de jure in case the mandate of the Chamber of Deputies is extended de jure in accordance with the provisions of art. 63 para. (1) and (4) of the Constitution of Romania, republished. | |
Art. 242 The deputies who are members of the Government will receive the allowance and the travel allowance from the authorities where they carry out their activity. | |
Art. 243 Deductions from the deputy's monthly allowance pursuant to art. 53, art. 244 para. (8) and art. 250 para. (2) shall be approved by the Standing Bureau on the basis of the monthly examination of the situation of the presence of the deputies at the works of the Chamber. | |
SECTION 4 Absence and annual leaves | |
Art. 244 (1) No Member may be absent from the meetings of the Chamber or of the committee to which he belongs, regardless of whether they are held physically or remotely by electronic means. On the days when the deputies carry out their activity within the parliamentary groups, the attendance lists are signed at the parliamentary groups. The presence of the members of the Standing Bureau of the Chamber of Deputies and of the group leaders shall be recorded in the transcripts of the meetings of the Standing Bureau of the Chamber of Deputies. If the Member is present at the committee's proceedings by electronic means, his / her presence shall be recorded in the sitting and shall be recorded in the minutes, without the need for the deputies' handwritten signature on the minutes. (2) The deputy may request in writing the leader of the parliamentary group to which he belongs the permission to be absent from the work of the Chamber in order to solve some problems related to the exercise of the mandate or to solve some personal problems. (3) In the event that the deputy is absent from the work of the Chamber due to unforeseen situations, he may address in writing to the Standing Bureau of the Chamber of Deputies to request the motivation of the respective absences. (4) The Deputies, with the approval of the Chamber, with the approval of the reunited permanent bureaus of the two Chambers or with the approval of the Standing Bureau of the Chamber of Deputies or at the invitation of the Government or of the President of Romania, may participate in other parliamentary actions. (5) The following are considered as absent motivated by the deputies: a) who are members of the Government; b) who have received from the Chamber of Deputies or the Standing Bureau of the Chamber of Deputies a task which keeps them out of its work; c) who have received the approval of the Standing Bureau of the Chamber of Deputies to participate in various activities in which they have been invited to participate; d) who are on medical leave; e) who obtained paid leave of up to 8 days per session; f) who obtained the motivation of the absences under the conditions of par. (2) and (3). (6) The motivation of the absences must be made within 30 days from their communication to the parliamentary group to which the deputy belongs. (7) Deputies can obtain paid leave to solve personal problems of no more than 8 days during a session, with the approval of the President of the Chamber for a maximum of 4 days and with the approval of the Standing Bureau of the Chamber of Deputies for those over 4 days. During this period, unpaid leave may be requested from the Standing Bureau of the Chamber of Deputies. (8) deputies who have not taken part in at least one parliamentary activity in the House, within the program and agenda approved for that day, or who have not obtained a statement of reasons for their absence shall be considered to be unjustified and shall be deducted 1% of the gross allowance. (9) The presence of the deputies, members of the Government, at the plenary sessions of the Chamber of Deputies is obligatory at the opening and closing of sessions, at the debate and adoption of draft laws and legislative proposals in their sphere of competence, at the ministerial hour devoted to questions and answers. to debate the questions regarding the policy of the ministry for which they are responsible, to present the reports and political statements of the prime minister. (10) By exception from the provisions of par. (1), at the works of the committees that have on the agenda the parliamentary activity of documentation and consultation, the presence of the deputies is not obligatory. If the deputy carries out this activity at the headquarters of the Chamber of Deputies, he shall be registered on the attendance list. | |
Art. 245 The following acts committed by deputies constitute parliamentary disciplinary offenses if, according to the law, they do not constitute crimes: a) violation of the provisions regarding the duties of the deputies provided by the Constitution and by the laws in force; b) non-compliance with the provisions of the Rules of Procedure of the Chamber of Deputies and of the Rules of Procedure of the joint activities of the Chamber of Deputies and the Senate; c) abusive exercise of the mandate of deputy; d) the insulting or slanderous behaviour towards a parliamentarian or another dignitary in the plenary sessions, of the committees or of the office or outside them, but regarding the exercise of the parliamentary mandate; e) non-resolution of the conflict of interests; f) disruption of parliamentary activity by non-compliance with the rules of conduct, courtesy and parliamentary discipline; g) blocking parliamentary activity. | |
SECTION 5 Sanctions | |
Art. 246 (1) Deviations from the regulation attract the following sanctions: a) verbal warning; b) the call to order; c) withdrawal of the word; d) removal from the room during the meeting; e) written warning; f) reduction of the allowance by 10% for a maximum period of 3 months for violation of the legislation on conflict of interests. (2) The sanctions provided in par. (1) lit. a) -d) shall be applied by the President of the meeting, and those provided in par. (1) lit. e) and f) by the Standing Bureau of the Chamber of Deputies at the proposal of the Committee on Legal Affairs, Discipline and Immunities. The applied sanctions are visibly displayed on the website of the Chamber of Deputies for the entire duration of the legislature. (3) The deviations that imply the application of the sanctions provided in par. (1) lit. e) it is ascertained by the Legal, Discipline and Immunities committee, at the notification of the sitting president, of a parliamentary group or at the notification of a deputy. The notification is addressed to the president of the Chamber of Deputies within maximum 30 days from the date of committing the deed. (4) In case of conflict of interest, upon notification of the Standing Bureau of the Chamber of Deputies, the Legal, Discipline and Immunities committee draws up a report stating that the report of the National Integrity Agency on the existence of the conflict of interests is final. (5) The Legal, Discipline and Immunities committee shall resolve the notification within 10 working days from its registration. The report of the committee is approved with the vote of the majority of the members present, in secret session, and is immediately submitted to the Standing Bureau of the Chamber of Deputies, which within 3 working days presents it to the plenum of the Chamber of Deputies. | |
Art. 247 At the first violation of the rules, the President of the Chamber of Deputies verbally warns the guilty deputy and invites him to respect the rules. | |
Art. 248 (1) The deputies who will continue to deviate from the regulation, as well as those who, even for the first time, seriously violate the provisions of the regulation will be called to order. (2) The summons shall be entered in the transcript of the meeting. | |
Art. 249 (1) Before summoning a deputy, the president of the sitting of the Chamber invites him to withdraw or to explain the word that generated incidents and that would give rise to the application of the sanction. (2) If the expression used has been withdrawn or regretted or if the given explanations are appreciated by the President of the meeting as satisfactory, the sanction shall no longer apply. | |
Art. 250 (1) In case of serious deviations, committed by the deputy repeatedly, or of some particularly serious deviations, the Standing Bureau of the Chamber of Deputies may apply one of the sanctions provided in art. 246 para. (1) lit. e) and f) based on the report prepared by the Legal, Discipline and Immunities committee. (2) In case of finding the conflict of interests, the sanction provided in art. 246 para. (1) lit. f). (3) The gravity of the violations will be determined by the Committee on Legal Affairs, Discipline and Immunities. | |
Art. 251 (1) In order to maintain order in the meetings of the committees, the chairmen of their meeting may apply the sanctions provided in art. 246 para. (1) lit. a) -d). (2) In case a deputy disturbs the sitting of the committee or commits serious offences, the President of the sitting verbally warns the guilty deputy and invites him to respect the regulation. If the deputy continues to deviate from the rules, the President of the sitting suspends the sitting and orders his removal from the room. The Secretary-General shall ensure, without delay, the implementation of such a disciplinary measure with the assistance of the staff of the Internal Affairs Directorate of the Chamber of Deputies. The President of the meeting of the committee requests the vice-president of the Chamber in charge of the respective committee to follow the application of the sanctions provided by the Regulation. | |
Art. 252 The sanctions applied by the Chamber of Deputies are published in the Official Gazette of Romania, Part II, and on the website of the Chamber of Deputies. | |
CHAPTER VI Services of the Chamber of Deputies | |
Art. 253 (1) The personnel from the services of the Chamber of Deputies is headed by the general secretary of the Chamber of Deputies. (2) The Secretary General and the 3 Deputy Secretaries General are appointed and removed by the Chamber of Deputies, at the proposal of the Standing Bureau of the Chamber of Deputies, in consultation with the Committee of Leaders of Parliamentary Groups. (3) The Secretary-General is the Chief Authorizing Officer. (4) In the performance of his duties, the Secretary-General shall issue orders. | |
Art. 254 (1) The Chamber of Deputies approves, by decision, its own budget before the debate of the state budget and submits it to the Government in order to include it in the state budget. (2) The inclusion of capital expenditures in the own budget is made with the consultation of the Government. | |
CHAPTER VII Final provisions | |
Art. 255 Draft laws and legislative proposals on the agenda of the Chamber of Deputies and the Senate whose term has expired continue their procedure in the newly elected Chamber of Deputies. | |
Art. 256 The provisions regarding the mediation, respectively art. 80-83 and art. 141-143, is applied in the case of constitutional laws, in the case of legislative initiatives provided in art. 155 para. (1) of the Constitution of Romania, republished, as well as in the case of the parliamentary examination of the documents submitted by the European Union. | |
Art. 257 The Chamber of Deputies adopts decisions according to the procedure provided in art. 86-158. | |
Art. 258 (1) In the event that different interpretations of a text from the Regulation occur, the Committee for Standing Orders shall be referred to the Standing Bureau or to the President of the Chamber of Deputies. (2) The Committee on Rules shall submit to the Standing Bureau or to the President of the Chamber of Deputies, as the case may be, an opinion on the position of the committee on the interpretation of the Rules of Procedure. (3) The point of view expressed by the Committee for Standing Orders may constitute a proposal for the subsequent amendment or completion of the Rules of Procedure, which shall be forwarded to the Standing Bureau of the Chamber of Deputies. | |
Art. 259 After the adoption of the Law on the Statute of the deputy and senator, the provisions of the present regulation will be modified accordingly *) *) Law no. 96/2006 on the Statute of Deputies and Senators was republished in the Official Gazette of Romania, Part I, no. 49 of January 22, 2016, with subsequent amendments and completions. | |
Art. 260 (1) The terms of this regulation are calculated on working days, except in cases where, according to the law or the regulatory provisions, it is provided otherwise. (2) The terms provided in par. (1) shall be suspended from the end of the ordinary session until the beginning of the next ordinary session, except for the terms referring to the Government or to other public institutions or authorities. While the Chamber of Deputies is in extraordinary session, the suspension of the terms is interrupted for the issues on the agenda. | |
Art. 261 Art. 261. - The provisions of the present regulation may be modified according to the procedure of elaboration and adoption of the decisions of the Chamber of Deputies, provided in the present regulation, with the vote of the majority of the deputies, in accordance with the provisions of art. 76 para. (1) of the Constitution of Romania, republished.
MENTION: The draft laws and legislative proposals registered until the date of entry into force of the Law on the revision of the Constitution of Romania are debated and adopted according to the provisions of the Rules of Procedure of the Chamber of Deputies prior to the entry into force of the Decision of the Chamber of Deputies no. 23 of November 11, 2003, published in the Official Gazette of Romania, Part I, no. 798 of November 12, 2003. |