Law No. 248/2013 on the Organisation and Functioning of the Economic and Social Council

The Parliament of Romania adopts this law.

CHAPTER I General Provisions

Art. 1.
(1) The Economic and Social Council is a consultative body of the Parliament and the Government of Romania in the areas of expertise established by this law.
(2) The Economic and Social Council is a public institution of national interest, tripartite, autonomous, established for the purpose of achieving tripartite dialogue at the national level between employers` organisations, trade union organisations, and representatives of associations and non-governmental foundations of civil society.
Art. 2.
(1) The Economic and Social Council is mandatorily consulted on draft normative acts initiated by the Government or legislative proposals from deputies or senators. The result of this consultation is reflected in opinions on the draft normative acts. See also Decision 140/2019.
(2) The areas of expertise of the Economic and Social Council are:
a) economic policies;
b) financial and fiscal policies;
c) labour relations, social protection, wage policies, and equality of opportunity and treatment;
d) agriculture, rural development, environmental protection, and sustainable development;
e) consumer protection and fair competition;
f) cooperation, liberal professions, and independent activities;
g) civil rights and freedoms;
h) health policies;
i) policies in the fields of education, youth, research, culture, and sports.
(3) The Economic and Social Council may self-initiate or may be notified by any public authority or by representative employers` or trade union organisations at the national level, as well as by representatives of civil society regarding certain facts, developments, or socio-economic events of national interest.
(4) In the situations provided for in paragraph (3), the Economic and Social Council issues opinions and recommendations which it communicates to the authorities, institutions, or organisations of employers, trade unions, or civil society with responsibilities, competencies, or interests in the field. In the absence of a consensus among the parties represented in the Economic and Social Council, the technical secretariat will transmit, as appropriate, the opinions or recommendations formulated by each party.
Art. 3.
(1) The Economic and Social Council has legal personality.
(2) The headquarters of the Economic and Social Council is located in the municipality of Bucharest.
Art. 4.
The Economic and Social Council is organised and functions according to the provisions of this law, as well as its own rules of organisation and functioning.

CHAPTER II The Responsibilities of the Economic and Social Council

Art. 5.
The Economic and Social Council exercises the following responsibilities:
a) issues opinions on draft normative acts in the areas of expertise provided for in Art. 2 paragraph (2), initiated by the Government, as well as legislative proposals from deputies and senators, inviting the initiators to debate the normative acts;
b) prepares, at the request of the Government, Parliament, or on its own initiative, analyses and studies regarding economic and social realities;
c) signals to the Government or Parliament the emergence of economic and social phenomena that require the elaboration of new normative acts.
Art. 6.
(1) Initiators may participate in the debate of the draft normative act, both in the permanent committees and in the Plenary of the Economic and Social Council, at the invitation of the Economic and Social Council.
(2) The opinion provided for in Art. 2 paragraph (1), if issued in accordance with the law, or the opinions transmitted according to the provisions of paragraph (8) shall necessarily accompany the draft normative act until its adoption.
(3) Favourable opinions do not require justification.
(4) Opinions with observations and proposals shall include a complete justification for each objection or proposal.
(5) Unfavourable opinions shall necessarily include their justification.
(6) Opinions are adopted by a vote of the plenary, with a two-thirds majority of the number of members of the Economic and Social Council present.
(7) If an opinion cannot be adopted under the conditions provided for in paragraphs (3)-(6), the opinions of the parties provided for in Art. 11 paragraph (2), expressed in the Plenary of the Economic and Social Council, or, as the case may be, expressed under the conditions of Art. 19, shall be transmitted to the initiator.
(8) The opinion of the Economic and Social Council or the opinions of the parties shall be transmitted in writing to the initiator of the normative act, signed by the president.
Art. 7.
(1) In fulfilling the responsibilities provided for in Art. 5, the Economic and Social Council has the obligation to analyse the draft normative acts received and to transmit its opinion within a maximum of 10 working days from the receipt of the request.
(2) Exceeding the deadline provided for in paragraph (1) gives the initiator the right to submit the draft normative acts for adoption without the opinion of the Economic and Social Council, mentioning this situation, according to the provisions of Art. 5 letter a).
Art. 8.
The Economic and Social Council establishes relationships with national and international bodies and organisations in the social and economic fields.
Art. 9.
The Economic and Social Council analyses and proposes measures to improve the application of international agreements and conventions to which Romania is a party, as well as assistance programmes initiated by international specialised bodies, in its own field of activity.

CHAPTER III Organisation and Functioning of the Economic and Social Council

SECTION 1 Structure of the Economic and Social Council

Art. 10.
The functioning of the Economic and Social Council is ensured by:
a) plenary;
b) executive bureau;
c) president and vice-presidents;
d) permanent specialised committees;
e) technical secretariat.

SECTION 2 The Plenary of the Economic and Social Council

Art. 11.
(1) The Plenary of the Economic and Social Council is composed of 45 members, including the president and vice-presidents.
(2) The designation of the members of the Plenary of the Economic and Social Council is made as follows:
a) 15 members appointed by representative employers` confederations at the national level, constituting the employers` side;
b) 15 members appointed by representative trade union confederations at the national level, constituting the trade union side;
c) 15 members representing civil society, constituting the civil society side, appointed by decision of the Prime Minister, at the proposal of the Ministry of Public Consultation and Social Dialogue in accordance with the provisions of Art. 12, from cooperative structures, liberal professions, consumer protection organisations, the scientific and academic community, farmers` organisations, pensioners` organisations, local community organisations, associations representing families and persons with disabilities, and other non-governmental organisations with activities in the areas of competence of the Economic and Social Council. 29/03/2017 - the letter was amended by Emergency Ordinance 23/2017. See also Decision 416/2020.
(3) Each representative trade union and employers` confederation at the national level has a right to one seat in the Plenary of the Economic and Social Council. The distribution of the other available seats, up to a total of 15 seats, is made by consensus. If consensus is not reached, the distribution is made by vote, within each side, by a three-quarters majority of the total number of organisations constituting that side. 30/06/2016 - the paragraph was amended by Emergency Ordinance 30/2016.
(31) In the event that consensus is not achieved and neither the majority of votes provided for in paragraph (3) is reached at least 15 days before the end of the term of the current plenary, within each side, each representative trade union and employers` confederation at the national level is entitled to a second seat in the Plenary of the Economic and Social Council. The distribution of the other available seats, up to a total of 15 seats, is made by consensus. 30/06/2016 - the paragraph was introduced by Emergency Ordinance 30/2016.
(4) In the absence of a vacant seat, a new employers` or trade union confederation recognised as representative at the national level will occupy a seat vacated by the employers` or trade union confederation that holds the most seats, and, in the case of parity, by drawing lots among the employers` or trade union confederations that hold at least two seats in the Economic and Social Council. The procedure is established by the own rules of organisation and functioning so that no more than 30 days elapse between the date of the application submitted by the newly recognised confederation and the date of validation of the member proposed by the confederation.
Art. 12.
Each representative employers` and trade union confederation at the national level, as well as each civil society organisation that holds one or more seats in the Plenary of the Economic and Social Council, nominates the person or persons, as appropriate, who are to represent it in the Plenary of the Economic and Social Council.
Art. 13.
(1) Individuals may acquire the status of member of the Plenary of the Economic and Social Council if they meet the following conditions:
a) are designated in writing by the organisations represented in the Economic and Social Council;
b) have full legal capacity;
c) have no criminal record;
d) have not been political police agents.
(2) Individuals nominated and born before 1 January 1976 shall provide a declaration on their own responsibility, according to criminal law, stating whether or not they have been a worker of the Securitate or a collaborator thereof, drafted according to the model provided in the annex to Government Emergency Ordinance No. 24/2008 regarding access to one`s own file and the declassification of the Securitate, approved with amendments and completions by Law No. 293/2008, with subsequent amendments.
Art. 14.
The mandate of a member of the Plenary of the Economic and Social Council is 4 years and may be renewed.
Art. 15.
(1) The represented organisations shall submit to the Economic and Social Council the list of appointed members at least 30 days before the expiration of the mandates of the active members.
(2) The inaugural meeting of the new plenary shall be convened by the Secretary-General of the Economic and Social Council, 5 days before the expiration of the mandates of the active members.
(3) The validation of the new members of the plenary is done individually, by verifying the fulfilment of the legal conditions by the technical secretariat, as documents provided for in Art. 13 are submitted.
(4) If an appointed member does not meet the conditions provided for in Art. 13, the organisation that designated them shall make another proposal.
(5) If the new plenary has not been constituted by the expiration date of the current plenary`s mandate, the Secretary-General of the Economic and Social Council is obliged, after verifying and validating at least 24 members, 8 members from each side, to convene the first meeting of the new plenary within a period not exceeding 15 calendar days.
Art. 16.
(1) The Plenary of the Economic and Social Council is considered legally constituted upon the validation of at least 24 members, provided that each side is represented by at least 8 persons.
(2) Repealed. 30/06/2016 - the paragraph was repealed by Emergency Ordinance 30/2016.
Art. 17.
(1) The status of member of the Plenary of the Economic and Social Council ceases in the following situations:
a) upon expiration of the mandate;
b) in the event of death;
c) in the event of resignation;
d) as a result of a definitive court ruling prohibiting the right to hold a position or to exercise a profession or to carry out an activity of the nature used to commit the offence;
e) in the event that the employers` confederation, trade union confederation, or Prime Minister who appointed them requests their revocation;
f) in the event that they no longer meet the condition provided for in Art. 13 letter b);
g) in the event that the employers` confederation or trade union confederation that appointed them loses its status as a representative confederation at the national level.
(2) The procedure for revocation of the status of member of the Plenary of the Economic and Social Council is established by the rules of organisation and functioning.
Art. 18.
(1) The Plenary of the Economic and Social Council meets weekly or whenever necessary, at the invitation of the president.
(2) The Plenary also meets in extraordinary sessions, at the request of the executive bureau or at least one-third of the members.
Art. 19.
(1) Debates in the plenary are conducted in the presence of at least 24 members. If the quorum condition is not met, and the invitation was made in accordance with the rules, the present members of the plenary formulate opinions which will be recorded as the opinions of the parties. The opinions of the parties are adopted by a simple majority vote of each party, with the observations made by the members of the parties recorded and transmitted to the initiator of the normative act according to the provisions of Art. 6 paragraphs (7) and (8).
(2) The plenary`s proceedings are conducted in public sessions, except in cases expressly established by the executive bureau.
Art. 20.
The plenary ensures the general leadership of the Economic and Social Council and has the following main responsibilities:
a) issues opinions on draft normative acts;
b) elects, at the proposal of the parties, the president;
c) validates one vice-president proposed by each party and the members of the executive bureau, also proposed one by each party;
d) adopts its own rules of organisation and functioning;
e) establishes the composition of the permanent specialised committees;
f) approves its own draft budget of revenues and expenditures, as well as the report on budget execution;
g) debates and adopts the proposals for resolutions developed by the specialised committees;
h) appoints the Secretary-General of the Economic and Social Council.
Art. 21.
(1) In exercising its responsibilities provided for in Art. 20 letters b) -h), the Plenary of the Economic and Social Council adopts decisions by consensus of the parties.
(2) In the event that consensus is not reached, decisions are adopted by vote, with a three-quarters majority of the number of members of the Plenary of the Economic and Social Council present.

SECTION 3 The Executive Bureau

Art. 22.
(1) The Executive Bureau of the Economic and Social Council consists of the president, the 3 vice-presidents, and one member from each side designated according to the provisions of Art. 20 letter c).
(2) The position of president is held in rotation by each side for the duration of the mandate established in Art. 23 paragraph (2). The replacement of the president, before the term, is done for the remaining period until the expiration of the mandate.
(3) The Executive Bureau of the Economic and Social Council ensures leadership during the interval between plenary meetings.
(4) The responsibilities and working methods of the executive bureau are established by the rules of organisation and functioning of the Economic and Social Council.

SECTION 4 The President and Vice-Presidents

Art. 23.
(1) The President of the Economic and Social Council is elected at the proposal of the parties by the vote of the plenary, from among its members, with a three-quarters majority of the total number of members of the Economic and Social Council.
(2) The mandate of the president of the Economic and Social Council is 4 years.
(3) The mandate of the incumbent president of the Economic and Social Council ceases on the date of the establishment of the new plenary and/or under the conditions provided for in Art. 17 paragraph (1).
(4) The position of president of the Economic and Social Council is assimilated in terms of remuneration to that of a minister, while the position of vice-president is assimilated to that of a state secretary.
(5) The President of the Economic and Social Council is the main credit authoriser.
Art. 24.
The President of the Economic and Social Council performs the following responsibilities:
a) represents the Economic and Social Council before Parliament, the Government, and other public authorities, as well as in relations with third parties based on a mandate approved by the Plenary of the Economic and Social Council;
b) signs the acts of the Economic and Social Council;
c) hires and, as appropriate, appoints, according to the law, the staff of the Economic and Social Council;
d) exercises any other responsibilities assigned to them by law or decisions of the plenary.
Art. 25.
The responsibilities of the vice-presidents of the Economic and Social Council are established by the rules of organisation and functioning.

SECTION 5 The Specialised Committees

Art. 26.
(1) The specialised committees are the structures of the Economic and Social Council that analyse specific issues in the fields of activity for which they are constituted and propose measures to the plenary for their resolution.
(2) Within the specialised committees, draft normative acts submitted by initiators are analysed and draft opinions to be submitted to the Plenary of the Economic and Social Council are developed.
(3) The specialised committees are led by a president, appointed annually in rotation by each side. The committee president is elected in the case of each side by vote, according to a procedure established by the own rules of organisation and functioning.
(4) The president of the specialised committee establishes the work programme and the issues to be debated and proposes them for approval by vote to the committee members.
Art. 27.
(1) Within the structure of the Economic and Social Council, permanent or temporary specialised committees are organised.
(2) The permanent specialised committees are as follows:
a) Committee for Economic Development, Competitiveness, and Business Environment;
b) Committee for Civil Rights and Freedoms, Equality of Opportunity and Treatment;
c) Committee for Labour Relations, Wage Policy, Social Inclusion, Social Protection, and Health;
d) Committee for Agriculture, Rural Development, Environmental Protection, and Sustainable Development;
e) Committee for Education, Youth, Sports, Research, Vocational Training, and Culture;
f) Committee for Consumer Protection and Fair Competition;
g) Committee for Cooperation, Liberal Professions, and Independent Activities;
h) Committee for Rights and Freedoms of Civil Society Organisations;
i) Committee for Public Administration and Public Order.
Art. 28.
Temporary specialised committees may be established by the own rules of organisation and functioning to address specific issues arising in specific fields of activity.
Art. 29.
(1) The number of members of the permanent or temporary specialised committees of the Economic and Social Council is a minimum of 5, distributed according to the agreement of the parties.
(2) Up to a total of 5 members of each committee, the parties will designate as members in the committees experts in the field of activity of the committee. In this case, the procedure for appointing experts is established by the rules of organisation and functioning of the Economic and Social Council.
Art. 30.
The working procedure of the permanent specialised committees is established by the rules of organisation and functioning of the Economic and Social Council.

SECTION 6 The Technical Secretariat

Art. 31.
(1) Within the structure of the Economic and Social Council, a technical secretariat operates, which is the specialised and technical-administrative working apparatus.
(2) Within the technical secretariat, departments and other functional structures may be established, according to the organisational structure approved by the Plenary of the Economic and Social Council.
(3) The technical secretariat of the Economic and Social Council is led by a Secretary-General, appointed by the Plenary of the Economic and Social Council according to the provisions of Art. 20 letter h), whose responsibilities are established by law and by the own rules of organisation and functioning.
(4) The position of Secretary-General is incompatible with the status of member of the Economic and Social Council.
(5) The position of Secretary-General is assimilated in terms of remuneration to that of a Secretary-General in a ministry.

CHAPTER IV Other Provisions

Art. 32.
The designation of members to the European Economic and Social Committee is made as follows:
a) 5 members designated by consensus or, in case of disagreement, by simple majority vote from each side represented in the Economic and Social Council;
b) if the designation is not made at least 30 days before the deadline for nominating representatives to the European Economic and Social Committee, the designation shall be made by the Government.
Art. 33.
(1) The Economic and Social Council has its own budget, which is part of the state budget.
(2) For the activities carried out, members of the permanent specialised committees who are not members of the Economic and Social Council are entitled to a monthly allowance amounting to 10% of the allowance established for the president.
(3) For the activities carried out, members of the Plenary of the Economic and Social Council receive a monthly allowance amounting to 20% of the allowance established for the president.
(4) The draft budget of the Economic and Social Council is approved by the Plenary of the Economic and Social Council.
(5) For the organisation and functioning of the Economic and Social Council, funds are allocated from the state budget, through the annual budget laws, for the following categories of expenditures:
a) current expenditures and capital expenditures;
b) allowances and social contributions for the members of the Plenary and those of the Executive Bureau of the Economic and Social Council, as well as for the members of the permanent specialised committees who are not members of the Economic and Social Council;
c) payment of annual contributions owed to international organisations to which the Economic and Social Council is affiliated;
d) funds necessary for carrying out the analyses and studies provided for in the responsibilities of the Economic and Social Council in Art. 5 letter b);
e) funds necessary for the payment of external collaborators of the Economic and Social Council.
(6) The Economic and Social Council may receive donations and sponsorships under the law.
(7) The Economic and Social Council may apply as a beneficiary for accessing non-reimbursable funds.
(8) The accessed non-reimbursable funds may be used to increase the number of external collaborators and for the activities provided for in Art. 5.
(9) The allowances of the members of the specialised committees and collaborators may be supplemented from European funds.
Art. 34.
The staff of the Economic and Social Council is contractual and has the following structure:
a) specialised and technical-administrative staff;
b) experts of the permanent specialised committees.
Art. 35.
In the event that members of the Plenary of the Economic and Social Council or of the permanent or temporary specialised committees travel in the interest of service, domestically or abroad, they may benefit from the delegation rights provided by the legislation in force for personnel in the budget sector, within the limits of the budget and with the approval of the Plenary of the Economic and Social Council.
Art. 36.
(1) For the elaboration of studies in the socio-economic field established by the plenary, the Economic and Social Council may use external collaborators - university teachers, scientific researchers, magistrates, or other specialists, under the law.
(2) The amount due to external collaborators is established by direct negotiation, in relation to the complexity and importance of the work to be elaborated, without exceeding, monthly, the maximum basic salary established by law for the position of advisor grade IA within the Economic and Social Council.
Art. 37.
The specialised and technical-administrative staff operates within the technical secretariat of the Economic and Social Council and is employed under the conditions of the law.

CHAPTER V Transitional and Final Provisions

Art. 38.
Upon the entry into force of this law, Title V, consisting of Articles 82-119, of the Social Dialogue Law No. 62/2011, republished in the Official Gazette of Romania, Part I, No. 625 of 31 August 2012, with subsequent amendments, is repealed.

NOTE:

We reproduce below Articles II and III of Law No. 222/2015 for the amendment and completion of Law No. 248/2013 on the organisation and functioning of the Economic and Social Council:

Art. II.
Within 30 days from the date of entry into force of this law, the reconfirmation of the mandates of the members of the Plenary of the Economic and Social Council shall be carried out until the expiration of the initial mandate and the validation of the new members, under the conditions provided for in Art. 15 of Law No. 248/2013 on the organisation and functioning of the Economic and Social Council, with the amendments and completions made by this law.
Art. III.
Within 30 days from the entry into force of this law, the own rules of organisation and functioning of the Economic and Social Council, provided for in Art. 4 of Law No. 248/2013 on the organisation and functioning of the Economic and Social Council, shall be updated by the Plenary of the Economic and Social Council in accordance with the amendments and completions made by this law.

Law CES
Law 222/2015
OUG 30/2016
Law 235/2016
Constitution of Romania