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Regulations on the Organization and Functioning of the Economic and Social Council

Regulations on the Organization and Functioning of the Economic and Social Council

Regulations on the Organization and Functioning of the Economic and Social Council

List of Abbreviations:
CES – Economic and Social Council
ROF – Regulation on Organisation and Functioning
BEx – Executive Bureau
ST – Technical Secretariat
SG – Secretary General
RI – Internal Regulation
C.N.S.A.S. – National Council for the Study of the Securitate Archives
Law no. 248/2013 – Law no. 248/2013, republished, with subsequent amendments and completions.
DGA – General Directorate for Approval
DJRUS – Legal, Human Resources and Payroll Directorate
DBFC – Budget – Finance, Accounting Directorate
DAPA – Public Procurement and Administrative Directorate
DRIRP – International Relations and Public Relations Directorate
AICESIS – International Association of Economic and Social Councils and Similar Institutions 
UCESIF – Union of Economic and Social Councils and Similar Institutions of Member States and Governments of the Francophonie


CHAPTER I
General Provisions


Art. 1 – The Economic and Social Council of Romania is an institutional consultative body of the Parliament and the Government, in accordance with the provisions of Article 141 of the Constitution of Romania, republished, and Law no. 248/2013, with subsequent amendments and completions.

Art. 2 – The consultative function of the Economic and Social Council allows its members to participate in the decision-making process of the legislative and executive branches. The consultative process involves the members of the Plenary and the members of the specialized committees representing the representative employer confederations at the national level, the representative trade union confederations at the national level, and the associations and non-governmental foundations of civil society. The expertise, dialogue, and search for convergences resulting from this process can enhance the quality and credibility of the political decisions of the legislative and executive branches, improving understanding and acceptance by the citizens of Romania and the transparency essential to democracy.

Art. 3 – The Economic and Social Council performs a specific function within the ensemble of institutions in Romania, being, by excellence, the place for representation, dialogue, and debate of social partners and organized civil society.

Art. 4 – The Economic and Social Council is a framework for the development of opinions, analyses, and studies regarding economic and social relations, as well as a forum that signals to the legislative and executive branches the emergence of economic and social phenomena that require the development of new normative acts, pursuing the fulfilment of obligations arising from ILO Convention no. 144/1976, ratified by Romania through Law no. 96/1992.

Art. 5 – The Economic and Social Council responds to the need for democratic legitimacy in Romania, participating in the harmonization of relations between the economic and social environment in the country, contributing to the defence and promotion of fundamental human rights and freedoms and the development of an authentic consciousness among the citizens of Romania.

Art. 6 – (1) The Economic and Social Council is a tripartite and autonomous institution of national interest and is founded on the Constitution of Romania, Law no. 248/2013, republished, with subsequent amendments and completions, Law no. 53/2003 - Labour Code, republished, with subsequent amendments and completions, Law no. 367/2022 on social dialogue, with subsequent amendments and completions, Government Ordinance no. 26/2000 regarding foundations and associations, ILO conventions ratified by the Romanian state, and European Union directives, as well as international treaties to which Romania is a party.
(2) The Economic and Social Council is organized and functions according to the provisions of Law no. 248/2013 regarding the organization and functioning of the Economic and Social Council, republished, with subsequent amendments and completions, as well as this Regulation.

Art. 7 – The Economic and Social Council is mandatorily consulted on draft normative acts initiated by the Government, or on legislative proposals of deputies and senators, as well as on legislative proposals submitted in accordance with Article 74 paragraph (1) of the Constitution of Romania transmitted by Parliament, in compliance with the provisions of Article 9 of the Constitution of Romania. The result of this consultation is materialized in opinions on the draft normative acts.

Art. 8 – (1) The Economic and Social Council has relations with the Parliament, the Government, the central and local public administration bodies, trade union and employer confederations, civil society entities, as well as with any other institutions, public or private legal entities, that the CES Plenary considers necessary in its activity.
(2) The Economic and Social Council establishes relations with national and international bodies and organizations in its fields of activity.

Art. 9 – The Economic and Social Council analyses and proposes measures for harmonizing legislation and improving the application of international agreements and conventions to which Romania is a party, as well as assistance programs initiated by international specialized bodies, in its specific field of activity.

Art. 10 – The Economic and Social Council is a founding member of AICESIS and a member of UCESIF.


CHAPTER II
Attributions


Art. 11 – The Economic and Social Council, in its capacity as a consultative body of the Parliament and the Government of Romania, has the following attributions:
a) issues opinions on draft normative acts in its fields of expertise initiated by the Government, as well as legislative proposals of deputies and senators;
b) elaborates, at the request of the Government, the Parliament, or on its own initiative, analyses and studies regarding economic and social realities as well as compliance with the conventions and international treaties ratified by the Romanian state;
c) issues opinions and recommendations which it communicates to authorities, institutions or employer, trade union or civil society organizations with responsibilities, competences or interests in the field;
d) signals to the Government or Parliament the emergence of economic and social phenomena that require the development of new normative acts.


SECTION 1 
Elaboration of Analyses and Studies


Art. 12 - (1) CES elaborates analyses and studies regarding economic and social realities, as well as the application of international agreements and conventions to which Romania is a party and assistance programs initiated by international specialized bodies, in its specific field of activity, proposing measures for their improvement.
(2) Following the analyses/studies elaborated or internal or external notifications, if the emergence of economic and social phenomena that require new regulations is identified, the Economic and Social Council signals to the Government or Parliament the necessity of developing new normative acts.
(3) The elaboration of studies and analyses can be done either on its own initiative or at the request of the Government or Parliament.

Art. 13 - (1) The elaboration of studies and analyses on its own initiative will be carried out based on an annual thematic calendar, established based on the proposals of the parties represented in CES, analysed and centralized by the Executive Bureau and approved by the CES Plenary.
(2) The proposals of the parties represented in CES will be submitted to the Executive Bureau by October 31 of the year preceding the one for which the thematic calendar is established, and the Executive Bureau will establish the thematic calendar by November 30.
(3) By way of exception from the provisions of paragraph (2), in the last year of the Plenary`s mandate, a thematic calendar will not be established, this being set by the new plenary within 90 days from its establishment.
(4) The proposal of themes for the realization of studies or analyses, approved by DGA and DJRUS for eligibility and compliance with the law, is submitted to the Executive Bureau through the vice-presidents of CES, taking into account that the number of selected themes should respect the principle of equality of the parties.
(5) The Executive Bureau, following their approval, will submit to the CES plenary for approval the selected themes, in order to initiate the necessary procedures for the elaboration of the proposed studies/analyses.
(6) To be selected, the proposed theme must present general interest, addressing important aspects, either by novelty or by its relevance in the context of current socio-economic developments. In this sense, the objective considered in the proposed study may lead to signalling the necessity of regulating newly emerged fields or legislating aspects that are insufficiently regulated.

Art. 14 - (1) The elaboration of studies and analyses can also be carried out as a result of requests from the Government or Parliament.
(2) The requests received will be submitted to the technical secretariat, approved by DGA and DJRUS for eligibility and compliance with the law and transmitted to the Executive Bureau.
(3) Following the analysis of these requests, the Executive Bureau may approve them or may decide not to approve them, informing the Plenary about the reasons that led to this decision.
(4) The Executive Bureau will submit to the CES plenary for approval the selected themes, in order to initiate the necessary procedures for the elaboration of the requested studies/analyses.

Art. 15 - (1) Following the selection of a proposed/requested theme, the CES Plenary will approve, according to Articles 27-29 of Law no. 248/2013, republished, with subsequent amendments and completions, the establishment of a temporary committee, the rapporteur, as well as the deadline for completing the study. The temporary committee will be composed of 5-7 members, who are members of the CES plenary, and will have as its object of activity the execution of the study/analysis according to the approved theme.
(2) The works of the temporary committee will be led by a president who may also have the quality of rapporteur, elected by a simple majority vote by the members of the committee.
(3) The president of the committee will submit for approval to its members the calendar of meetings, the order of issues to be debated, the intermediate deadlines in order to respect the deadline, as well as the financial and human resources necessary for carrying out the work. Decisions within the committee will be adopted by a simple majority vote of its members. 
(4) Committee members may propose the inclusion of external collaborators in the activities of the temporary committee, who will provide specialized consultancy in the field of activity targeted by the respective study, under the conditions provided by Article 36 of Law no. 248/2013, republished, with subsequent amendments and completions.
(5) The president/rapporteur of the committee will submit to the Executive Bureau for approval and to the CES plenary for approval the allocation of resources necessary for the realization of the document, including for organizing public consultations, public hearings, contracting external collaborators, etc., with the technical secretariat ensuring the implementation of the adopted decisions.

Art. 16 - (1) After the elaboration of the study/analysis, the resulting document will be submitted to the Executive Bureau for approval and to the Plenary for approval.
(2) Following its analysis, the Executive Bureau may approve the final document in the form in which it was submitted, or may decide not to approve it, informing the Plenary about the reasons that led to this decision.
(3) The Plenary of the Economic and Social Council will decide on the approval in the presented form or will decide to make modifications to it, or may decide to reject it.
(4) In the event that the Plenary of the Economic and Social Council approves the final form of the document by decision, it will be made public through the online communication means (website, social media pages) of CES, and will also be communicated to the institution that requested the undertaking of the respective action.


SECTION 2
Issuance of Opinions and Recommendations


Art. 17 - (1) The Economic and Social Council issues opinions and recommendations, either as a result of notifications sent by public authorities, representative employer or trade union organizations at the national level, or by representatives of civil society, or through self-notification.
(2) The opinions and recommendations issued are communicated to authorities, institutions or organizations of employers, trade unions or civil society with responsibilities, competences or interests in the field.

Art. 18 - (1) The issuance of opinions and recommendations as a result of self-notification is carried out at the proposal of the members of the Plenary or at the proposal of one of the permanent specialized committees of the Economic and Social Council.
(2) The issuance of opinions and recommendations can also be carried out as a result of notifications from public authorities or from representative employer or trade union organizations at the national level, as well as from representatives of civil society.
(3) The notifications provided in paragraphs (1) and (2) will be submitted to the technical secretariat, approved by DGA and DJRUS for eligibility and compliance with the law and transmitted to the Executive Bureau.

Art. 19 - (1) The notifications provided in Article 18, approved by DGA and DJRUS will be submitted to the Executive Bureau through the vice-presidents of the Economic and Social Council.
(2) The Executive Bureau, following the analysis of the received notifications, to the extent that it decides that they are well-founded, will approve them and will submit them to the CES plenary, in order to initiate the necessary steps for the elaboration of opinions and/or recommendations, or will reject them.
(3) To be submitted to the plenary, the notifications must aim at modifying certain factual situations, the emergence or modification of socio-economic events of national interest, which require measures to resolve them or the elaboration of new regulations in the targeted field.
(4) In the event of rejection of the notifications as unfounded, the Executive Bureau will inform the CES Plenary about the existence of the notification and the reasons for its rejection.

Art. 20 - (1) Following the analysis and debate of the received notification, the CES Plenary will decide on its admission or rejection.
(2) In the event that the notification is admitted, the Plenary will decide to establish a working group composed of 3 members, one member from each party represented in CES, the rapporteur, as well as the deadline for completion.
(3) By way of exception from paragraph (2), in the case of a notification from a member of the plenary, if the working group cannot be constituted, then the person who submitted the notification will have the quality of rapporteur.
(4) The activity of the working group will be coordinated by the rapporteur, who will submit for approval to its members the calendar, the order of issues to be debated, as well as the intermediate deadlines in order to respect the deadline. Decisions of the working group will be adopted by a simple majority vote of its members.
(5) The working group will aim to analyse the reported situation and issue an opinion and/or recommendations, in relation to the received notification. The opinions or recommendations may also consist of signalling the necessity of elaborating a new normative act by the Government or Parliament, which aims to regulate the situation/social phenomenon brought to the attention of the Economic and Social Council as a result of the notification.

Art. 21 - (1) After the elaboration of the opinion and/or recommendations, the resulting document will be submitted to the Executive Bureau for approval and to the Plenary for approval.
(2) Following its analysis, the Executive Bureau may approve the final document in the form in which it was submitted, may propose modifications to it or may decide not to approve it, informing the Plenary about the reasons that led to this decision.
(3) The Plenary of the Economic and Social Council will decide on the approval in the presented form or any modifications to it.
(4) In the absence of 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, in accordance with the provisions of Article 2 paragraph (4) of Law no. 248/2013, republished, with subsequent amendments and completions.
(5) In the event that the Plenary of the Economic and Social Council approves the final form of the opinion/recommendation, it will be made public through the online communication means (website, social media pages) of CES, and will also be communicated to the institution that requested the undertaking of the respective action. 

Art. 22 - (1) The format of the resulting documents is provided in the annex to the ROF and includes the cover page, procedural page, summary of conclusions, and the main body of the document, structured according to the theme.
(2) The documents will be drafted in appropriate graphic conditions, by setting the page according to the A4 size and will have the following elements:
a) studies and analyses will comprise a maximum of 30,000 characters (20 pages). In exceptional situations, the Executive Bureau may approve a derogation, in the sense of increasing the limit to 60,000 characters (40 pages);
b) opinions and recommendations will comprise a maximum of 12,000 characters (6 pages). In exceptional situations, the Executive Bureau may approve a derogation, in the sense of increasing the limit to 15,000 characters (7-8 pages);
c) the font used for drafting will be Times New Roman, with a size of 12 points, using the specific diacritics of the Romanian language;
d) the margins of the pages will have a value of 2.5 cm on the left side and 2.5 cm on the right side.


CHAPTER III
Fields of Expertise


Art. 23 – The fields of expertise of CES are:
a) economic policies;
b) financial and fiscal policies;
c) labour relations, social protection, wage policies, and equality of opportunities 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 field of education, youth, research, culture, and sports.


CHAPTER IV
Operation and Leadership


Art. 24 – The leadership of the Economic and Social Council is ensured by the Plenary of the Economic and Social Council, as well as by the Executive Bureau between the Plenary meetings.

Art. 25 – The operation and leadership of CES is ensured by:
a) the Plenary of the Economic and Social Council;
b) the Executive Bureau of the Economic and Social Council;
c) the President and vice-presidents of the Economic and Social Council;
d) the specialized committees of the Economic and Social Council;
e) the Technical Secretariat of the Economic and Social Council.


CHAPTER V
Constitution of the Plenary


Art. 26 – (1) The Plenary of the Economic and Social Council has a tripartite structure and is composed of 45 members, including the president, vice-presidents, and members of the Executive Bureau.
(2) The appointment/designation of the members of the Plenary of the Economic and Social Council is carried out as follows:
a) 15 members appointed by the representative employer confederations at the national level, constituting the employer side;
b) 15 members appointed by the representative trade union confederations at the national level, constituting the trade union side;
c) 15 members, representatives of associations and non-governmental foundations, appointed by decision of the prime minister.
(3) Each representative trade union and employer confederation at the national level has by right one seat in the Plenary of the Economic and Social Council.
(4) The distribution of the other available seats, both for the employer side and for the trade union side, up to the number of 15 seats will be established by protocol concluded within each side. This will be done by consensus, and in case of disagreement, by vote, within each side, with a three-quarters majority of the total number of representative confederations at the national level.
(5) In case the provisions of paragraph (4) are not fulfilled at least 15 days before the end of the mandate of the functioning Plenary, within each side, each representative trade union and employer confederation at the national level receives by right a second seat in the Plenary of the Economic and Social Council. The distribution of the other available seats up to the number of 15 seats is done by consensus.
(6) A new representative employer/trade union confederation at the national level addresses a request for allocation of a seat in the Plenary of the Economic and Social Council. The request will be accompanied by supporting documents and the file of the nominated person.
(7) The request registered with the Economic and Social Council will be brought to the attention of the Plenary by the president and will be communicated by the Secretary General to the presidents of the representative employer/trade union confederations in the Economic and Social Council.
(8) Within 10 days from the date of communication of the Secretary General`s notification regarding the request of a new representative employer/trade union confederation at the national level for allocation of a seat in the Plenary of the Economic and Social Council, the employer/trade union confederation that holds the most seats in the CES Plenary is obliged to communicate the withdrawal of a representative from the CES Plenary in order to vacate the seat to be made available to the new confederation.
(9) In case of parity between several employer/trade union confederations with the largest number of seats in the Plenary, within 5 days from the communication of the notification provided in paragraph (7), the employer/trade union confederations with at least two seats in the CES Plenary will organize a draw to designate the confederation that will release a seat to be occupied by the new representative confederation at the national level. The confederation thus selected will communicate to CES, within 10 days from the draw, the nominal withdrawal of a representative from the CES Plenary in order to vacate the seat, respectively to make the seat available to the new confederation.
(10) Following the vacancy of the seat by the nominal withdrawal of the CES member by the employer/trade union confederation provided in paragraph (8) or (9), the Secretary General will proceed to validate the member nominated by the confederation requesting the allocation of the seat by right in the CES Plenary.
(11) The time interval between the date of submission of the request by the newly recognized representative confederation at the national level and the date of validation of the member proposed by it shall not exceed 30 days.
(12) The mandate of the new member of the Plenary of the Economic and Social Council will end with the end of the mandate of the Plenary in activity.

Art. 27 – The CES Plenary is legally constituted on the date of the appointment/validation of at least 24 members, provided that each side is represented by at least 8 members.

Art. 28 – (1) The first meeting of the new Plenary is convened by the Secretary General of CES 5 days before the expiration of the mandate of the functioning Plenary. 
(2) The meetings of the new Plenary and the following ones, until the election of the president of CES, will be chaired by the oldest member who does not come from the side that is to nominate candidates for the position of president. In these meetings, until the election of the president, no decisions with budgetary or patrimonial impact can be made.


CHAPTER VI
Attributions of the Plenary


Art. 29 – The Plenary ensures the general leadership of the Economic and Social Council and has the following main attributions:
a) issues opinions on draft normative acts within a maximum of 10 working days from receiving the request, based on the draft opinions elaborated, usually, by at least 3 specialized committees. In the case of legislative proposals, those submitted to the Economic and Social Council by the Secretary General of the Chamber of Deputies/Senate will be discussed. In the case of draft normative acts elaborated by the Government, those that have gone through the inter-ministerial approval circuit provided by Government Decision no. 561/2009 will be discussed. In the case of draft normative acts that do not meet the above requirements, they will be returned to the initiator by the Plenary;
b) elects, at the proposal of the parties, the president;
c) validates one vice-president and one member of the Executive Bureau, proposed by each side;
d) adopts and modifies its own Regulation on organization and functioning;
e) establishes the composition of the permanent specialized committees;
f) approves its own revenue and expenditure budget project, as well as the report on budget execution;
g) debates and adopts the draft opinions/resolutions regarding the draft normative acts elaborated by the specialized committees;
h) appoints the Secretary General of the Economic and Social Council;
i) elaborates, debates, and adopts the draft documents (opinions, recommendations, reports, studies, analyses) elaborated, on its own initiative, by the Economic and Social Council, according to its strategy and annual action program;
j) debates and adopts resolutions regarding the fulfilment of the attributions of the Economic and Social Council, in compliance with this Regulation on Organization and Functioning;
k) approves the organizational chart and the job structure of the Technical Secretariat of the Economic and Social Council, at the proposal of the Secretary General, with the opinion of the Executive Bureau;
l) approves the resolutions of the Executive Bureau on any other issues that required urgent resolution before the first meeting of the Plenary;
m) adopts any other resolutions necessary for fulfilling the objectives of the Economic and Social Council; 
n) approves the nomination of persons proposed by social partners to be appointed by the Minister of Justice in the position of judicial assistants;
o) approves the budget necessary for carrying out analyses and studies in the socio-economic field.


CHAPTER VII
Operation of the Plenary


Art. 30 – (1) The works of the Plenary take place in public meetings, except for cases expressly established by BEx, at the CES headquarters.
(2) The quorum for the CES Plenary meeting is a minimum of 24 members. In this case, opinions and resolutions can be adopted during the meeting, in accordance with the law, according to the models provided in Annex no. 1 a) - Favorable Plenary Opinion, Annex no. 1 b) - Favorable Plenary Opinion with proposals for modification and observations, Annex no. 1 c) - Unfavorable Plenary Opinion, Annex no. 1 d) - Opinions of the Plenary (without consensus). Favorable/unfavorable opinions or opinions with observations and proposals are adopted with two-thirds of the number of members present, while resolutions are adopted with three-quarters of the number of members present. The opinions of the parties are adopted by a simple majority of the party (more than 50% of the votes of the present members from each party).
(3) In case the quorum for the meeting is not achieved, but the summons was made according to regulations, the present members may hold discussions, without being able to adopt opinions and resolutions. The opinion of the party is considered validly expressed if at least 5 votes for/against are gathered, according to the model provided in Annex no. 1 e) - Opinions of the Plenary (without quorum, positions of the parties).
(4) Members of the Plenary cannot delegate their vote for the meetings of the CES Plenary.

Art. 31 – (1) The Plenary of the Economic and Social Council meets weekly, or whenever necessary, at the convocation 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 number of members. In this case, the convocation of the Plenary is made by the president, at least 2 working days before the date of the meeting. 
(3) The draft agenda and related materials are transmitted to the members of the Plenary at least 2 working days before the date of the meeting.
(4) Members of the Plenary and specialized committees may also carry out other activities, with prior notification to the Executive Bureau, in order to achieve the goals and objectives established according to Law no. 248/2013 regarding the organization and functioning of CES, republished, after which they will present a report regarding their participation in the respective activity.

Art. 32 – The CES Plenary adopts, according to the provisions of Law no. 248/2013, republished, opinions and resolutions:
a) favorable opinions without justification;
b) favorable opinions with observations and proposals, which will include the complete justification of each objection or proposal;
c) unfavorable opinions, which will necessarily include their justification;
d) in case the conditions for adopting an opinion are not met, the points of view of the parties expressed in the CES Plenary will be adopted and transmitted to the initiator;
e) resolutions in the exercise of its attributions, initiated by the president, the Executive Bureau, the Secretary General together with the specialized directorates, the permanent/temporary specialized committees or at least 24 members of the Plenary, 8 from each party.

Art. 33 – (1) In exercising its attributions, in accordance with the provisions of Article 21 of Law no. 248/2013 regarding the organization and functioning of CES, with subsequent amendments and completions, the CES Plenary adopts resolutions, usually by the consensus of the present members, according to the attendance list.
(2) In case consensus is not achieved, resolutions are adopted by a vote, with a majority of 3/4 of the number of present members of the CES Plenary. 
(3) Regarding the advisory activity, resolutions are adopted by a vote, with a majority of 2/3 of the number of present members of CES.
(4) In case a majority of 2/3 of the present members of CES is not obtained, the expressed points of view will be transmitted. 

Art. 34 – (1) The proceedings of the Plenary are recorded audio/video. The recording of the meeting will be ensured by ST and archived. Based on the recording, ST will prepare the summary of the minutes of the meeting.
(2) The minutes, signed by the person who prepared them, are transmitted by ST – CES via email to the members of the Plenary, 2 days before the next meeting. The minutes are approved in the next meeting of the Plenary, after which they are considered definitive and filed together with all materials related to the meeting.
(3) The draft opinions issued by the specialized committees of CES are transmitted to DGA, which will include them on the agenda of the Plenary meeting for the issuance of the CES opinion.

Art. 35 – The procedure for conducting the meetings of the Plenary is as follows:
(1) Upon entering the meeting room, members of the Plenary are obliged to sign the attendance list prepared by ST.
(2) The meeting is chaired by the president of CES or by a person designated by him from among the members of the Plenary.
(3) The chairperson of the meeting, based on the attendance lists presented by ST, announces the presence and determines whether the meeting is with or without quorum.
(4) If the quorum is not achieved during the meeting, only points of view regarding the draft normative acts on the agenda may be adopted.
(5) The proposed agenda submitted by BEx is subject to debate and approval.
(6) For each subject on the agenda, the chairperson will request registrations to speak after the presentation of the draft normative act. 
(7) Interventions are made in the order of registration to speak, at the invitation of the chairperson of the meeting. Those who intervene must introduce themselves.
(8) Each CES member has the right to one intervention of max. 3 minutes for each point/subpoint of the agenda and one right of reply, granted by the chairperson of the meeting for a maximum of 2 minutes.
(9) The intervention of a member may be interrupted by the chairperson of the meeting upon expiration of the allotted time or in case of intervention without invitation from him.
(10) The meeting may be interrupted when a violation of the ROF is noted, by raising the hand and pronouncing the word “PROCEDURE”, mentioning the article and paragraph of the ROF violated.
(11) At the end of the interventions, the chairperson will submit the draft opinion or draft resolution to the vote of the Plenary.
(12) Guests from the initiators may have clarifying interventions to support the projects presented at the invitation of the chairperson of the meeting.
(13) Draft normative acts initiated by the Government, which have not gone through the inter-ministerial approval procedure and which are not accompanied by the signatures of the approving institutions, will be returned to the initiators.


CHAPTER VIII
Members of the Plenary


Art. 36 – The mandate of a member of the CES Plenary is 4 years and may be renewed.

Art. 37 – (1) Under the provisions of Article 13 paragraph (1) and paragraph (2), correlated with the provisions of Article 15 paragraph (3) and paragraph (4) of Law no. 248/2013, republished, with subsequent amendments and completions, persons who meet the following conditions may acquire the status of member of the Plenary of the Economic and Social Council:
a) are appointed/designated in writing by the representative employer and trade union confederations at the national level, respectively by the prime minister, at the proposal of the relevant ministry, for the associative structures of civil society; 
b) have full capacity to exercise;
c) have no criminal record;
d) have not engaged in political police activities.
(2) In order to be validated as members of the CES Plenary, the organizations that appointed/designated them are obliged to submit to the secretariat of the Economic and Social Council, for each nominated person, the file, accompanied by a list, with the following documents:
a) copy of the court decision establishing the employer or trade union confederation, according to the provisions of Law no. 367/2022 on social dialogue and an excerpt from the special register at the Bucharest Tribunal;
b) copy of the court decision certifying the status of representative trade union and employer confederation at the national level, according to the provisions of Article 12 of Law no. 248/2013, republished, with subsequent amendments and completions; 
c) copy, certified by the president of the respective confederation, of the protocol concluded between the employer and trade union confederations regarding the distribution of the number of seats in the Plenary, as well as in the specialized committees, according to the provisions of Article 11 paragraphs (3), (3^1) and (4) of Law no. 248/2013, republished, with subsequent amendments and completions;
d) decision of the prime minister for representatives of associations and foundations/decision of the president of the trade union or employer confederation that nominated them;
e) copy of the court decision establishing the association or foundation, according to the provisions of Emergency Ordinance no. 26/2000, with subsequent amendments and completions, or the special laws of establishment and an excerpt from the special register of associations and foundations;
f) copy of the identity card;
g) curriculum vitae;
h) criminal record certificate;
i) declaration on own responsibility, according to criminal law, for nominated persons born before January 1, 1976, stating whether or not they had the status of a worker of the Securitate or collaborator of it, drafted according to the model provided in the annex to the 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 and completions, as well as that they have not engaged in political police activities, according to Article 13 paragraph (1) letter d) of Law no. 248/2013;
j) proof of requesting the C.N.S.A.S. certificate, for nominated persons born before January 1, 1976 who do not hold this certificate.
(3) Validated members of the Economic and Social Council Plenary in the situation provided in paragraph (2) letter j), are obliged to submit the certificate from C.N.S.A.S. upon obtaining it.
Art. 38 – (1) Protocols, signed by the presidents of the employer and trade union confederations, regarding the distribution of the number of seats corresponding to each party and the files of the persons nominated by them, as well as the decision of the prime minister for the persons nominated from civil society together with their files, will be submitted to the Economic and Social Council at least 30 days before the expiration of the term provided in Article 15 of Law no. 248/2013, at the written request of the Secretary General. In the event of non-fulfilment of the protocol, the provisions of the law apply.
(2) The file registered with the Economic and Social Council will be distributed by the president to the Secretary General, who will submit it to the verification committee of the files. 
(3) The file verification committee is appointed by decision of the Secretary General and is composed of 3 members, namely one representative from the legal, approval, and economic directorates. 
(4) The committee provided in paragraph (3), within 3 working days from the receipt of the file, will ascertain and record in a minute the fulfilment of the legal conditions for validation as a member of the Plenary, which it will transmit to the Secretary General together with the file. 
(5) The Secretary General, as a result of the findings in the minute, will communicate in writing, individually, to each member the fulfilment of the conditions provided in Article 13 paragraphs (1) and (2) of Law no. 248/2013, republished, with subsequent amendments and completions, in accordance with the provisions of Article 15 paragraph (3) of Law no. 248/2013, republished, with subsequent amendments and completions. 
(6) In case of finding non-fulfilment of the conditions provided in Article 13 paragraphs (1) and (2) of Law no. 248/2013, republished, with subsequent amendments and completions, the Secretary General will communicate in writing to the organization or institution (as the case may be) that appointed/designated him to make another appointment/designation, according to the provisions of Article 15 paragraph (4) of Law no. 248/2013, republished, with subsequent amendments and completions.
(7) In case it is found during the mandate that the conditions provided in Article 13 paragraph (1) letters a), c) and d) and paragraph (2) of Law no. 248/2013 are not met, the Secretary General is obliged to inform in writing the organization or institution, as the case may be, that appointed/designated him to make another proposal and to inform the president, the Executive Bureau, and the Plenary in order to suspend the payment of the allowance, as well as, if necessary, to notify the prosecution authorities for falsehood and forgery in declarations.

Art. 39 – The status of member of the Economic and Social Council Plenary ceases in the following situations:
a) upon expiration of the mandate;
b) in case of resignation;
c) in case of death;
d) as a result of prohibition, by final decision, of the right to hold a position or to exercise a profession or to carry out an activity of the nature used for committing the crime;
e) in the situation where the employer confederation, trade union confederation, or prime minister who appointed him requests his revocation;
f) in case he no longer meets the condition provided in Article 37 paragraph (1) letter b) of this regulation;
g) in case of changes in the criminal record;
h) in the situation where the employer/trade union confederation that nominated him loses its status as a representative confederation at the national level.

Art. 40 – (1) The status of member of the CES Plenary ceases under the provisions of Article 17 paragraph (1) of Law no. 248/2013, republished, with subsequent amendments and completions, as follows:
a) the expiration of the mandate occurs upon the completion of 4 years from the date of the meeting of the Plenary`s constitution;
b) in case of death, cessation becomes effective on the date of the death being established;
c) in case of resignation, cessation becomes effective on the date of its registration with CES;
d) in case of prohibition, by court decision, of the right to hold a position or to exercise a profession or to carry out an activity of the nature used for committing the crime, cessation becomes effective from the date the decision was communicated;
e) in case the employer confederation, trade union confederation, or prime minister who appointed him requests his revocation, cessation becomes effective from the date of registration of the revocation request with CES;
f) in case he no longer meets the condition provided in Article 13 letter b) of Law no. 248/2013, with subsequent amendments and completions, cessation becomes effective from the date of ascertainment;
g) in case the employer confederation or trade union confederation that appointed him loses its status as a representative confederation at the national level, cessation becomes effective from the date of expiration of representativeness.
(2) In case of resignation/death of a member of the CES Plenary, the Secretary General of CES requests the employer/trade union confederation whose member has resigned/died or, as the case may be, the prime minister, to appoint/designate another person.
(3) In case a representative employer/trade union confederation represented in the Economic and Social Council no longer holds the status of representative confederation at the national level, the Secretary General will immediately inform the president, the Executive Bureau, and the Plenary regarding this situation in order to suspend the payment of the allowance. In this case, the president of the Economic and Social Council will request the employer/trade union side to initiate procedures regarding the new distribution of the seats corresponding to the side and to conclude a new protocol.
(4) The duration of the mandate of the new members of the CES Plenary validated on the vacant seats under the conditions of paragraphs (1) – (3) extends for the remaining period until the expiration of the mandate of the Plenary in activity.

Art. 41 – (1) For the activity carried out, members of the Plenary receive a monthly allowance amounting to 20% of the allowance established for the president.
(2) The monthly allowance is granted in full to members of the Plenary who participated in at least 4 meetings per month;
(3) By way of exception from the provisions of paragraph (1), members of the Plenary who have not participated in at least 4 meetings per month, being mandated to represent CES at internal or international activities scheduled on the dates of the respective meetings, benefit from the full allowance.
(4) For the other meetings convened at which they were absent, members of the Plenary are obliged to present to the Executive Bureau justifying documents for the absence.
(5) In case a member of the Plenary is absent from 6 consecutive meetings and does not present the documents provided in paragraph (4), the Executive Bureau will notify the organization that appointed him.


CHAPTER IX
Executive Bureau


Art. 42 – (1) BEx is composed of the president, three vice-presidents, and one member from each side.
(2) BEx is led by the president of CES.

Art. 43 – (1) The nomination of BEx members is made in the first meeting of the Plenary, each side proposing one vice-president and one member.
(2) The mandate of BEx ceases on the date of expiration of the mandate of the Plenary.
(3) The validation of BEx members will be carried out, as a rule, in the same Plenary meeting in which the president is elected.
(4) The validation of BEx members is based on the proposals made by each party represented in CES.

Art. 44 – (1) The works of the BEx meeting are chaired by the president, and in his absence, by one of the vice-presidents designated by him.
(2) BEx adopts resolutions, usually by the consensus of its members, in meetings that take place in the presence of at least 5 members. 
(3) In case consensus is not achieved, resolutions are adopted by vote, with a simple majority (more than 50% of the votes of the present members).

Art. 45 – The Executive Bureau has the following attributions:
(1) Leads the activity of CES between the meetings of the Plenary, exclusively during the term of this, coordinating the activity of specialized committees, SG, and ST, ensuring the fulfilment of the decisions of the Plenary.
(2) Evaluates annually, or whenever necessary, the activity of the Secretary General. Following the evaluation, BEx may propose to the Plenary the sanctioning and/or replacement from office of the Secretary General.
(3) Is responsible for ensuring the necessary conditions for fulfilling the decisions of the Plenary and for complying with the legal deadlines for issuing CES opinions.
(4) Proposes to the Plenary the establishment of new temporary specialized committees.
(5) Takes note of the annual election of the presidents of the permanent specialized committees, respecting the rules regarding the distribution of the presidency among the parties.
(6) Evaluates semi-annually the activity of the specialized committees and presents the conclusions of the analysis in the CES Plenary.
(7) Establishes the list of experts who can be used temporarily, by fields of activity.
(8) Proposes to the Plenary for approval the level of allowances for the work of temporary experts, within the approved budget.
(9) Approves the agenda of the current meeting and the minutes of the previous meeting.
(10) Approves the agenda of the Plenary meeting proposed by the president.
(11) Evaluates the materials prepared by the specialized committees - analyses, information - and decides to submit them for deliberation to the CES Plenary.
(12) Decides to convene the CES Plenary in extraordinary meetings.
(13) Decides on the nature of the Plenary meetings - closed or open - depending on the confidential or public nature of the information received from the institutions promoting draft normative acts.
(14) Approves the CES strategy project and the annual action program project and submits it to the Plenary for approval.
(15) Decides on the structure of the CES website and other publications.
(16) Approves the draft RI presented by SG.
(17) Approves the draft framework program for the travels of CES members, elaborated by ST and presents it for approval to the Plenary.
(18) Proposes the establishment of delegations-missions, their composition and mandate, which it submits for approval to the Plenary. The delegation will be led by the president of CES, and in his absence, the president will designate the leader of the delegation and will inform the Plenary.
(19) Approves the joint report of the delegation presented by its leader, within 7 days from the end of the mission, which it submits for approval to the Plenary.
(20) Analyzes, whenever necessary, the activity of SG and the specialized directorates within ST.
(21) Approves, at the proposal of SG, the organizational chart and the job structure of ST and presents them to the Plenary for approval.
(22) Analyzes and approves the draft budget of revenues and expenditures of CES for the following year, within the legal term, the report on annual budget execution, within the legal term, as well as the annual activity report for the previous year, within a maximum of 3 months from the end of the year, presented by SG, together with the specialized directorates, and submits them for approval to the CES Plenary.
(23) Approves the files of candidates proposed by social partners to be appointed by the Minister of Justice in the position of judicial assistants and submits them for approval to the Plenary.
(24) Analyzes the addresses of trade union/employer confederations and civil society represented in the CES Plenary with nominated members in the permanent specialized committees, in order to verify the fulfilment of the conditions provided in Article 45 of this Regulation and presents its proposals for validation or invalidation to the Plenary. 


CHAPTER X
The President and Vice-Presidents of CES


SECTION 1
The President


Art. 46 – The presidency of the Economic and Social Council is ensured by rotation of the parties, every 4 years, in the following succession: trade unions, civil society, employers.

Art. 47 – 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, in compliance with the provisions of Article 23 paragraph (1) of Law no. 248/2013, republished, with subsequent amendments and completions.

Art. 48 – The mandate of the president of CES is 4 years and ceases upon the establishment of the new Plenary and/or under the conditions provided in Article 17 paragraph (1) of Law no. 248/2013. The replacement of the president before the term ends is done for the remaining period until the expiration of the mandate, by the same party.

Art. 49 – (1) The president is elected by the members of the Plenary by secret ballot, according to the following procedure:
a) within 4 working days from the meeting of the establishment of the new Plenary, the candidacies for the position of president will be registered in the General Register;
b) any member of the CES Plenary may run for the position of president, provided that he comes from the party to which the presidency has been assigned by rotation;
c) within 24 hours from the expiration of the deadline for submitting candidacies, ST will print the ballots according to the model provided in Annex no. 3 – Election of the President with the names of the candidates in alphabetical order, and the list of candidates will be published simultaneously on the CES website;
d) the ballot is handed by the Secretary General to each member of the Plenary upon entering the room, based on a signature of receipt in a centralizing table prepared by the Technical Secretariat of CES, according to the model provided in Annex no. 4 – Ballot and centralizing table regarding the election of the President; 
e) the members of the Plenary will express their option on the ballot by circling the name of the candidate, then will insert the ballot into the ballot box located in the Plenary room and will sign the same centralizing table for the submission of the vote;
f) the ballot box will be opened, during the same meeting, by a tripartite committee nominated by the Plenary before the counting of the votes begins, composed of 3 members of the Plenary, one from each party;
g) the members of the committee will verify the number of votes cast. If the number of votes cast exceeds 45, the procedure will be repeated during the same meeting in compliance with the provisions of letters a) – f);
h) if the number of 34 votes from the total number of CES members is not reached for any of the candidates for the position of president of CES, the procedure from letters d) - g) will be repeated for the first two candidacies in descending order of the number of votes, without the possibility of submitting other candidacies. In this last situation, ST will print the ballots with the names of the two candidates in alphabetical order. 
(2) The procedure from paragraph (1) letter h) will be repeated during the same Plenary meeting until the president is elected.

Art. 50 – The president has, in principle, the following attributions:
a) represents CES before the Parliament, the Government, and other public authorities, as well as in relations with third parties, based on the mandate approved by the Plenary;
b) represents CES in the National Tripartite Council for Social Dialogue, established under Law no. 367/2022 on social dialogue, republished, with subsequent amendments and completions;
c) signs the acts issued by CES;
d) hires and, if necessary, appoints, according to the law, the staff of the CES apparatus;
e) is the main credit ordonator;
f) establishes the draft agenda of the meetings of BEx and the meetings of the Plenary;
g) convenes and presides over the meetings of the Plenary and those of BEx;
h) receives the correspondence addressed to CES, decides its distribution, establishes tasks for the works to be completed on time, in compliance with legal provisions and this Regulation; 
i) may delegate competences to one of the vice-presidents, any other member of the Plenary or, as the case may be, the Secretary General, with the person receiving the delegation being required to inform him, within the agreed term, regarding the fulfilment of these tasks;
j) in exercising his attributions issues decisions; 
k) exercises any other attributions that are assigned to him by law or decisions of the Plenary.

Art. 51 – Public statements will be made in the name of the Economic and Social Council only by the president and/or by persons designated by him.


SECTION 2 
The Vice-Presidents


Art. 52 – The vice-presidents have, in principle, the following attributions:
a) are responsible for solving any issues concerning the party they represent, including those assigned by the president and BEx;
b) monitor the attendance of members of the party at the meetings of the Plenary, the Executive Bureau, and the specialized committees for the party they represent and inform the party, the president of CES, and BEx, in case they find the quorum necessary for the Plenary meeting is not met;
c) coordinate and are responsible for the participation of members of the specialized committees nominated by the party they represent;
d) are obliged to keep the documents received during the meetings of BEx and the Plenary, as well as those received from the president, and to hand them over to the archive at the end of the year;
e) ensure permanent communication with the leaders of the organizations that make up the party they represent, for the correct information and documentation of each party and inform BEx about any issues that arise;
f) receive from the Secretary General and keep a copy of the documents that make up the validation files of the members of the Plenary and the members of the specialized committees, for the party they represent;
g) perform any other tasks entrusted by the Plenary, BEx, or by the president of CES, for achieving the objectives of CES.


CHAPTER XI
Specialized Committees


SECTION 1
Constitution of Specialized Committees


Procedure for Appointment/Designation, respectively for Termination of Membership in Specialized Committees


Art. 53 – The provisions of this chapter apply to all permanent and temporary specialized committees within the CES structure.

Art. 54 – The specialized committees are the structures of the Economic and Social Council that analyse issues within their own fields of competence and propose measures for their resolution to the Plenary.

Art. 55 – (1) Within the Economic and Social Council, 9 permanent specialized committees are established, according to Article 27 paragraph (2) of Law no. 248/2013, each committee having 9 members.
(2) Other temporary specialized committees may be established at the proposal of the members of the Plenary, with the approval of BEx, by a Resolution of the Plenary.
(3) The appointment/designation of members in the permanent specialized committees is done as follows:
a) 27 members appointed/designated by representative employer confederations at the national level;
b) 27 members appointed/designated by representative trade union confederations at the national level;
c) 27 members appointed/designated by associations and non-governmental foundations whose representatives are appointed in the Plenary of the Economic and Social Council by decision of the prime minister.
(4) The distribution of seats in the specialized committees will be established by protocol, concluded within each party. This will be done by consensus, and in case of disagreement, by vote, within each party, with a three-quarters majority of the total number of parties represented in the Plenary of the Economic and Social Council.
(5) Protocols, signed by the presidents of the employer and trade union confederations, respectively by the legal representatives of the associations and foundations represented in the CES Plenary, regarding the distribution of the number of seats corresponding to each party and the files of the persons appointed/designated by them, will be submitted to the Economic and Social Council within a maximum of 10 working days from the date of the establishment of the Plenary.

Art. 56 – (1) Persons who cumulatively meet the following conditions may acquire the status of member of the specialized committees:
a) are appointed/designated in writing by the representative employer confederations at the national level, by the representative trade union confederations at the national level, respectively by the associations and non-governmental foundations whose representatives are appointed in the Plenary of the Economic and Social Council by decision of the prime minister;
b) have full capacity to exercise;
c) have no criminal record;
d) have not engaged in political police activities.
(2) In order for the members appointed/designated according to the provisions of paragraph (1) to be validated, the organizations will submit to CES the file, accompanied by a list, containing the following documents:
a) the decision of the president of the trade union confederation, the employer confederation, respectively of the associations and foundations whose representatives are appointed in the Plenary of the Economic and Social Council by decision of the prime minister, for appointment/designation;
b) a copy of the protocol of each party regarding the distribution of the number of seats in the specialized committees;
c) a copy of the identity card;
d) curriculum vitae;
e) criminal record certificate;
f) declaration on own responsibility, according to criminal law, for nominated persons born before January 1, 1976, stating whether or not they had the status of a worker of the Securitate or collaborator of it, drafted according to the model provided in the annex to the 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 and completions, as well as that they have not engaged in political police activities, according to Article 13 paragraph (1) letter d) of Law no. 248/2013;
g) proof of requesting the C.N.S.A.S. certificate, for nominated persons born before January 1, 1976 who do not hold this certificate.
(3) Validated members of the specialized committees in the situation provided in paragraph (2) letter g), are obliged to submit the certificate from C.N.S.A.S. upon obtaining it.
(4) In case the C.N.S.A.S. certificate proves the violation of the conditions provided in Article 13 of Law no. 248/2013, the Secretary General is obliged to initiate the revocation procedure, suspend the payment of the allowance, and notify the prosecution authorities for falsehood and forgery in declarations.

Art. 57 – (1) The mandate of a member of the specialized committee is 4 years and may be renewed.
(2) The mandate of the members of the specialized committees ceases by right on the date of the termination of the mandate of the Plenary.

Art. 58 – (1) The status of member of the specialized committee ceases in the following situations:
a) upon expiration of the mandate;
b) in case of resignation;
c) in case of death;
d) as a result of prohibition, by final decision, of the right to hold a position or to exercise a profession or to carry out an activity of the nature used for committing the crime;
e) in the situation where the organization that appointed him requests his revocation;
f) in case he no longer meets the condition provided in Article 56 paragraph (1) letter b) of this regulation;
g) in case changes occur in the criminal record;
h) in the situation where the employer/trade union confederation that nominated him loses its status as a representative confederation at the national level or the association/foundation that designated him loses its membership in the Plenary.
(2) The status of member of the specialized committee ceases from the date the revocation request was registered with CES. 


SECTION 2
Activity of the Specialized Committees


Art. 59 – (1) The specialized committees of CES are led by a president, appointed annually by rotation by each party, and elected by the respective party from among the members of the committee belonging to that party.
(2) The first constitutive meeting of the specialized committee after the validation of the members will be convened by the Secretary General within 15 working days from the date of the establishment of the new Plenary.
(3) The presidents of the specialized committees will be elected in the first constitutive meeting and a minutes of the meeting will be drawn up.
(4) The minutes by which the president of the committee was elected will be communicated to the Executive Bureau of CES.

Art. 60 – (1) The meetings of the specialized committees are chaired by the president of the committee, and in his absence by another member of the committee designated by the president.
(2) The following may participate in the meetings of the specialized committees:
a) members of the Plenary;
b) guests from the initiators of the normative projects on the agenda;
c) guests from the organizations represented in the CES Plenary, designated in writing by them.
(3) Members of the specialized committee are obliged to sign the attendance list kept by the referent of the committee.
(4) Persons participating in the meeting according to the provisions of paragraph (2) are obliged to sign a separate attendance list kept by the referent of the committee.

Art. 61 – (1) The specialized committees can carry out their activity in meetings, in the presence of a minimum of 5 members. Draft opinions are usually adopted by consensus and in case consensus is not achieved, by vote with a simple majority (more than 50% of the votes of the present members).
(2) Members of the committees are obliged to inform the Technical Secretariat in writing in case of non-participation in the convened meeting.
(3) In case the quorum condition is not met, and the summons was made according to regulations, a note will be issued, signed by the chairperson of the meeting, stating that the meeting was not statutory, the members who were present and absent, as well as the points of view of the members, according to the model provided in Annex no. 5 d) – Points of view of the specialized committee (without quorum).

Art. 62 – (1) The activity of the committees is coordinated by the Executive Bureau which ensures monitoring and periodic evaluation of them. 
(2) Semi-annually, the president of the committee presents to the Executive Bureau an information regarding the activity of the respective committee.
(3) BEx analyzes the activity of the specialized committees and informs the Plenary about the conclusions drawn.
(4) In the situation where a member of the committee, through his activity, affects the proper conduct of the committee, the Executive Bureau notifies the organization that designated him, for taking a decision accordingly.

Art. 63 – (1) The draft normative acts registered with CES will be distributed by the president to the General Directorate for Approval.
(2) The Secretary General, together with the General Directorate for Approval will distribute the draft normative acts to the competent specialized committee/committees.
(3) The president or a member designated by him of the competent specialized committee to which the draft normative act has been assigned is obliged to convene the meeting within 3 working days and issue the draft opinion accordingly.
(4) The president, or a member designated by him, of the specialized committees assigned by BEx to elaborate analyses, studies or syntheses in the specific fields of competence is obliged to establish the planning of meetings for the preparation and presentation to BEx of the respective works, within the established deadline. 
(5) The Secretary General, together with the General Directorate for Approval proposes to the president the introduction of draft normative acts in the agenda of the next Plenary meeting.
(6) In case the president of CES convenes the Plenary outside the weekly meetings, the presidents of the specialized committees are obliged to elaborate the draft opinions no later than 2 hours before the start of the Plenary meeting, in the case of draft normative acts included in the agenda of that meeting.

Art. 64 – (1) For the activity carried out, members of the permanent specialized committees, who are not members of the Plenary of the Economic and Social Council, may benefit from a monthly allowance amounting to 10% of the allowance established for the president of CES.
(2) The allowance provided in paragraph (1) is granted proportionally to the number of convened meetings attended. 

Art. 65 – (1) The results of the committee`s activity are materialized in:
a) draft opinions regarding the draft normative acts;
b) points of view regarding various materials received for analysis from the Plenary or the Executive Bureau of CES;
c) analyses, studies or syntheses regarding the issues established by the Plenary or the Executive Bureau of CES;
d) proposals regarding certain issues of interest to the parties represented in CES and requesting initiatives from CES;
e) any other pertinent proposals resulting from the analysis of situations that fall within the fields provided in Article 2 paragraph (2) of Law no. 248/2013 regarding the organization and functioning of CES, republished.
(2) The draft opinions of the committee can be of three types:
a) favorable opinion according to the model provided in Annex no. 5 a) – Favorable opinion of the specialized committee;
b) favorable opinion with proposals for modification and observations according to the model provided in Annex no. 5 b) – Favorable opinion of the specialized committee with proposals for modification and observations; 
c) unfavorable opinion according to the model provided in Annex no. 5 c) – Unfavorable opinion of the specialized committee.
(3) The results of the committees` activities are not public, being able to be disseminated exclusively to the members of the committee that analyzed the project, as well as to the members of the Plenary.


CHAPTER XII
Technical Secretariat


SECTION 1
Attributions of the Technical Secretariat


Art. 66 – The Technical Secretariat provides technical and logistical support to the Plenary of the Economic and Social Council, the Executive Bureau, the president of CES, and the specialized committees through the Secretary General, the directorates, and specialized services. 

Art. 67 – The Technical Secretariat prepares and ensures the administrative and technical conditions for the preparation of draft opinions, draft resolutions of the Plenary and Executive Bureau, and decisions issued by the president of CES, drafts the opinions, resolutions of the Plenary and Executive Bureau, as well as the decisions of the president.

Art. 68 – The Secretary General and the directors of the specialized directorates are responsible for preparing the staff regarding the knowledge and compliance with the legislation governing the activity of CES, the Regulation on Organization and Functioning, the Internal Regulation, the procedures approved by the Executive Bureau and the Plenary, the decisions of the Plenary and the Executive Bureau, and the decisions of the president and for fulfilling the duties regarding the timely completion of the assigned works.

Art. 69 – (1) The Secretary General and the directors of the specialized directorates, by the 15th of the current month, will make an analysis regarding:
a) the activity carried out in the previous month;
b) the manner of fulfilling the procedures regarding the receipt and transmission of documents to and from the members of the Plenary, the Executive Bureau, the specialized committees, as well as the initiators;
c) the elaboration of opinions, resolutions of the Plenary, the Executive Bureau, as well as the decisions of the president;
d) the compliance of the expenses incurred with the provisions of the budget and the supporting documents that underlie them;
e) the manner in which the service tasks have been fulfilled by each directorate and service, proposing remedies for the deficiencies found, establishing the program for the current month, the tasks and objectives for each directorate and service.
(2) The conclusions of the monthly analysis and the proposed measures will be presented to the president for decision-making.

Art. 70 – The Secretary General and the directors of the specialized directorates prepare the draft Budget of Revenues and Expenditures for the following year by November 1 of each year and present it to the Executive Bureau.

Art. 71 – The Secretary General and the directors of the specialized directorates prepare by March 15 of each year the activity report and the budget execution for the previous year and present them to the Executive Bureau.

Art. 72 – The Technical Secretariat prepares the draft agenda of the BEx and Plenary meetings which it presents to the president for approval, as well as the documents that will be debated in the meetings of the Plenary of the Economic and Social Council, of the Executive Bureau. After approval by the president, the summons, the draft agenda, and the documents will be transmitted at least 3 days before the date of the meetings to the members of the Executive Bureau and the Plenary. The president, after consulting with DGA, may complete the agenda in exceptional situations. 

Art. 73 – The Technical Secretariat, after the adoption by the Plenary of the opinions and resolutions, has the obligation to draft and present them to the president for signature on the day of adoption. After signing, the opinions will be registered in the General Register and transmitted to their initiators, and the resolutions to the interested legal and physical persons.

Art. 74 – (1) The Technical Secretariat prepares the attendance lists, for each party, at the works of the meetings of the Plenary and the Executive Bureau, which are signed by each member at the beginning of the meeting, then presents the situation to the president to announce whether the quorum is achieved. 
(2) At the end of the meeting, the lists are presented for approval to the Secretary General and the specialized directorates, vice-presidents, and members of the Executive Bureau, for each party, and then presented to the president for approval. DGA transmits, through the General Register, a copy to the Secretary General and the specialized directorates for the payment of allowances.

Art. 75 – (1) The Technical Secretariat prepares the attendance lists for the meetings of the specialized committees, which are signed by each member at the beginning of the meeting, then presents them to the committee president to announce whether the quorum is achieved.
(2) At the end of the meeting, the lists are presented to the committee president for signature, and for approval, to the technical staff, respectively to the Secretary General and the directors of the specialized directorates, vice-presidents, and members of the Executive Bureau for each party, and then presented to the president of CES for approval.
(3) DGA transmits through the General Register, a copy of the attendance lists, approved and signed according to paragraph (2), to the Secretary General and the specialized directorates for the payment of allowances.

Art. 76 – The Technical Secretariat prepares the draft agenda as well as the draft normative acts that will be debated in the meetings of the specialized committees, which will be transmitted at least 3 days before the date of the meetings. DGA may complete the agenda in exceptional situations, with the draft normative acts transmitted to CES in emergency mode.

Art. 77 – The Technical Secretariat ensures the audio-video recording of the meetings of the Plenary and the Executive Bureau, prepares the minutes of these meetings, transmits them to the members of the Plenary and the Executive Bureau, and includes them on the agenda of the next Plenary and Executive Bureau meeting for approval.

Art. 78 – The Technical Secretariat ensures the technical conditions and necessary equipment regarding the maintenance of the spaces in its possession, the annexes, the installations, their administration according to technical and specialized norms, and is responsible for ensuring the necessary conditions for the operation of the CES Plenary, the Executive Bureau, and the specialized committees.

Art. 79 – The Technical Secretariat ensures the equipping and updating of the database of the documentation, information, and training center regarding:
a) domestic legislation, international treaties, conventions, EU directives ratified by the Romanian state that govern and strengthen tripartite dialogue;
b) promoting the activity of CES at the national and international level.

Art. 80 – The president of CES, together with the Executive Bureau, regarding the themes included in the agenda of the meetings of the Executive Bureau and the Plenary, may request the presence at the meeting of the directors of the directorates and specialized staff for the support of the materials included in the agenda.


SECTION 2
Appointment and Attributions of the Secretary General


Art. 81 – The Secretary General is directly subordinate to the president and the Executive Bureau.

Art. 82