Regulations on the Organization and Functioning of the Economic and Social Council
List of abbreviations:
CES – Economic and Social Council
ROF – Rules of Organisation and Functioning
BEx – Executive Bureau
ST – Technical Secretariat
SG – Secretary-General
RI – Internal Regulations
C.N.S.A.S. – National Council for the Study of the Securitate Archives
Law No. 248/2013 – Law No. 248/2013, republished, as subsequently amended and supplemented.
DGA – Directorate-General for Opinions
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 the 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, according to the provisions of art. 141 of the Romanian Constitution, republished, and of Law No. 248/2013, as subsequently amended and supplemented.
Art. 2 – The consultative function of the Economic and Social Council allows its members to participate in the decision-making process of the legislature and the executive. The consultative process is attended by the members of the Plenary and the members of the specialised committees, representatives of the employers' confederations representative at national level, the trade union confederations representative at the national level, and the non-governmental associations and foundations of civil society. The expertise, dialogue and search for convergences resulting from this process can increase the quality, credibility of the political decisions of the legislature and the executive, improving their understanding and acceptance by the citizens of Romania and the transparency indispensable to democracy.
Art. 3 – The Economic and Social Council fulfils a specific function within the set of institutions in Romania, being par excellence the place of representation, dialogue and debate of the social partners and organised civil society.
Art. 4 – The Economic and Social Council is a framework for the elaboration of opinions, analyses and studies on economic and social relations, as well as a forum that signals to the legislature and the executive the emergence of economic and social phenomena that require the elaboration of new legislative acts, aiming at the fulfilment of the obligations arising from Convention No. 144/1976 of the International Labour Organisation, ratified by Romania by Law No. 96/1992.
Art. 5 – The Economic and Social Council responds to the need for democratic legitimacy of Romania, participating in the harmonisation of the 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 conscience of the citizens of Romania.
Art. 6 – (1) The Economic and Social Council is a tripartite and autonomous institution of national interest and is based on the Romanian Constitution, Law No. 248/2013, republished, as subsequently amended and supplemented, Law No. 53/2003 - Labour Code, republished, as subsequently amended and supplemented, Law No. 367/2022 on social dialogue, as subsequently amended and supplemented, Ordinance No. 26/2000 on 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 shall be organised and operate in accordance with the provisions of Law No. 248/2013 on the organisation and functioning of the Economic and Social Council, republished, as subsequently amended and supplemented, as well as of this Regulation.
Art. 7 – The Economic and Social Council must be consulted on the draft legislative acts initiated by the Government, or on the legislative proposals of deputies and senators, as well as on the legislative proposals submitted according to art. 74 para. (1) of the Romanian Constitution transmitted by the Parliament, in compliance with the provisions of art. 9 of the Romanian Constitution. The result of this consultation takes the form of opinions on the draft legislative acts.
Art. 8 – (1) The Economic and Social Council has relations with the Parliament, the Government, the central and local public administration bodies, the trade union and employers' confederations, civil society entities, as well as with any other institutions, legal persons of public or private law, which the CES Plenary considers necessary in its activity.
(2) The Economic and Social Council shall establish relations with national and international bodies and organisations in its fields of activity.
Art. 9 – The Economic and Social Council analyses and proposes measures to harmonise the legislation and improve the application of the international agreements and conventions to which Romania is a party, as well as of the assistance programmes initiated by the specialised international bodies, in its field of activity.
Art. 10 – The Economic and Social Council is a founding member of AICESIS and a member of UCESIF.
CHAPTER II
Duties
Art. 11 – The Economic and Social Council, in its capacity as a consultative body of the Parliament and of the Government of Romania, has the following duties:
a) issues opinions on draft legislative acts in its specialised fields initiated by the Government, as well as the legislative proposals of deputies and senators;
b) prepares, at the request of the Government, the Parliament or on its own initiative, analyses and studies on the economic and social realities as well as the observance of the international conventions and treaties ratified by the Romanian State;
c) issues views and recommendations that it communicates to the authorities, institutions or employers' organisations, trade unions or civil society with duties, competences or interests in the field;
d) signals to the Government or Parliament the emergence of economic and social phenomena that require the elaboration of new legislative acts.
SECTION 1
Elaboration of analyses and studies
Art. 12 - (1) The CES shall develop analyses and studies on the economic and social realities, as well as the application of the international agreements and conventions to which Romania is a party and of the assistance programmes initiated by the specialised international bodies, in their field of activity, proposing measures to improve them.
(2) Following the analyses/studies developed or internal or external notifications, if the emergence of economic and social phenomena that require new regulations is found, the Economic and Social Council shall signal to the Government or Parliament the need to develop new legislative acts.
(3) The preparation of studies and analyses may be carried out either on its own initiative or at the request of the Government or the Parliament.
Art. 13 - (1) The elaboration of studies and analyses on own initiative shall be carried out on the basis of an annual thematic calendar, established on the basis of the proposals of the parties represented in the CES, analysed and centralised by the Executive Bureau and approved by the CES Plenary.
(2) The proposals of the parties represented in the CES shall be submitted to the Executive Bureau by 31 October of the year preceding the one for which the theme is established, and the Executive Bureau shall establish the thematic calendar by 30 November.
(3) By exception to the provisions of para. (2), in the last year of the Plenary's mandate, a thematic calendar shall not be established, which shall be established by the new Plenary within 90 days from its establishment.
(4) The proposal of topics for studies or analyses, endorsed by the DGA and DJRUS for eligibility and compliance with the law, shall be submitted to the Executive Bureau through the CES Vice-Presidents, taking into account that the number of selected topics complies with the principle of equality of the parties.
(5) The Executive Bureau, following their endorsement, shall submit the selected topics to the CES Plenary for approval, in order to start the procedures necessary for the elaboration of the proposed studies/analyses.
(6) In order to be selected, the proposed theme must be of general interest, to concern important aspects, either by its novelty or by its relevance in the context of the current economic and social evolution. In this respect, the objective envisaged in the proposed study may lead to signalling the need to regulate some newly emerged areas, or to legislating insufficiently regulated aspects.
Art. 14 - (1) The elaboration of studies and analyses may also be carried out as a result of requests from the Government or the Parliament.
(2) The requests received shall be submitted to the Technical Secretariat, endorsed by the DGA and DJRUS for eligibility and compliance with the law and sent to the Executive Bureau.
(3) Following the analysis of these requests, the Executive Bureau may endorse them or may decide not to endorse them, informing the Plenary of the reasons underlying this decision.
(4) The Executive Bureau shall submit the selected topics to the CES plenary for approval, in order to start the procedures necessary for the elaboration of the requested studies/analyses.
Art. 15 - (1) Following the selection of a proposed/requested topic, the CES Plenary will approve, according to art. 27-29 of Law No. 248/2013, republished, as subsequently amended and supplemented, the establishment of a temporary committee, the designation of the rapporteur, who also fulfils the role of chair, as well as the deadline for carrying out the study. The temporary committee will be made up of 5-7 members of the CES Plenary, in compliance with the principle of tripartite representation, so as to ensure the participation of at least one representative from each party represented in the CES, and will have as its object of activity the elaboration of the study/analysis corresponding to the approved theme.
(2) The chair of the temporary committee has the obligation to convene, through the DGA, in compliance with the deadline set by the CES Plenary, the meeting of the temporary specialised committee, establishing the draft agenda and will submit to its members for approval the calendar of meetings, the order of the issues to be debated, the interim deadlines in order to comply with the deadline, as well as the financial and human resources necessary to carry out the work. The decisions within the committee shall be adopted by a simple majority vote of its members.
(3) The meetings of the temporary committee may be held with the physical participation of the members, online or hybrid, by using the electronic means communicated in the convening document.
(4) The members of the commission may propose the inclusion in the activity of the temporary committee of external collaborators, who will provide specialised advice in the field of activity covered by the respective study, under the conditions provided by art. 36 of Law No. 248/2013, republished, as subsequently amended and supplemented.
(5) The chair/rapporteur of the committee shall submit to the Executive Bureau for endorsement and to the CES Plenary for approval, the allocation of the necessary resources for the preparation of the document, including for the organisation of public consultations, public hearings, contracting of external collaborators, etc., and the Technical Secretariat shall ensure the implementation of the adopted decisions.
Art.16 - (1) After the elaboration of the study/analysis, the resulting document shall be submitted to the Executive Bureau for endorsement and to the Plenary for approval.
(2) Following its analysis, the Executive Bureau may endorse the final document in the form in which it was submitted, or may decide not to endorse it, informing the Plenary of the reasons underlying this decision.
(3) The Plenary of the Economic and Social Council shall decide to approve it in the form presented or shall decide to make changes to it, or may decide to reject it.
(4) If the Economic and Social Council Plenary approves the final form of the document by decision, it shall be made public, through the online means of communication (website, social media pages) of the CES, and shall also be communicated to the institution that requested the action in question.
SECTION 2
Issuing views and recommendations
Art.17 - (1) The Economic and Social Council shall issue views and recommendations, either as a result of notifications sent by public authorities, employers' or trade union organisations representative at national level, or by representatives of civil society, or by self-notification.
(2) The views and recommendations issued shall be communicated to the authorities, institutions or employers' organisations, trade unions or civil society with duties, competences or interests in the field.
Art.18 - (1) The issuance of views and recommendations as a result of self-referral shall be made at the proposal of the members of the Plenary or at the proposal of one of the permanent specialised committees of the Economic and Social Council.
(2) The issuance of views and recommendations may also be made as a result of notifications from public authorities or employers' or trade union organisations representative at national level, as well as from representatives of civil society.
(3) The notifications provided for in para. (1) and para. (2) shall be submitted to the Technical Secretariat, endorsed by the DGA and DJRUS for eligibility and compliance with the law and sent to the Executive Bureau.
Art.19 - (1) The notifications provided for in Art. 18, endorsed by the DGA and DJRUS, shall 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 complaints received, to the extent that it decides that they are well-founded, shall endorse them and submit them to the CES Plenary, in order to initiate the necessary steps to elaborate views and/or recommendations, or shall reject them.
(3) In order to be submitted to the Plenary, the notifications must have as their object the modification of some state of affairs, the occurrence or modification of economic and social events of national interest, which require the taking of measures in order to solve them or the elaboration of new regulations in the field concerned.
(4) In case of rejection of the complaints as unfounded, the Executive Bureau shall inform the CES Plenary of the existence of the complaint and the reasons for its rejection.
Art.20 - (1) As a result of the analysis and debate of the received notification, the CES Plenary will decide on its admission or rejection.
(2) If the complaint is admitted, the Plenary will decide to set up a working group consisting of 3 members, one member from each party represented in the CES, the rapporteur, as well as the deadline for implementation.
(3) By exception to 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 shall have the capacity of rapporteur.
(4) The activity of the Working Group shall be coordinated by the Rapporteur, who shall submit to its members for approval the timetable, the order of the issues to be debated, as well as the interim deadlines in order to comply with the deadline. The decisions of the Working Group shall be adopted by a simple majority vote of its members.
(5) The working group will have as its objective the analysis of the reported situation and the issuance of a view and/or recommendations, in relation to the notification received. The views or recommendations may also consist in signalling the need for the elaboration of a new legislative act by the Government or Parliament, which would have as its object the regulation of the economic and social situation/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 view and/or recommendations, the resulting document shall be submitted to the Executive Bureau for endorsement and to the Plenary for approval.
(2) Following its analysis, the Executive Bureau may endorse the final document in the form in which it was submitted, may propose amendments to it or may decide not to endorse it, informing the Plenary of the reasons underlying this decision.
(3) The Plenary of the Economic and Social Council shall decide on the approval in the form presented or possible amendments thereto.
(4) In the absence of a consensus between the parties represented in the Economic and Social Council, the Technical Secretariat shall transmit, as the case may be, the views or recommendations formulated by each party, according to the provisions of art. 2 para. (4) of Law No. 248/2013, republished, as subsequently amended and supplemented.
(5) If the Plenary of the Economic and Social Council approves the final form of the view/recommendation, it shall be made public, through the online means of communication (website, social media pages) of the CES, and shall also be communicated to the institution that requested the action in question.
Art. 22 - (1) The format of the resulting documents is provided in the annex to the ROF and includes the cover, the procedural page, the summary of the conclusions and the main body of the document, structured according to the theme.
(2) The documents shall be drafted in appropriate graphic conditions, by setting the page corresponding to the A4 size and shall have the following elements:
a) the studies and analyses will contain a maximum of 30,000 characters (20 pages). In exceptional situations, the Executive Bureau may approve a derogation, by increasing the limit to 60,000 characters (40 pages);
b) the views and recommendations shall contain a maximum of 12,000 characters (6 pages). In exceptional situations, the Executive Bureau may approve a derogation, by increasing the limit to 15,000 characters (7-8 pages);
c) the font used for the writing will be Times New Roman, with a size of 12 points, using the diacritics specific to the Romanian language;
d) the margins of the pages will have the value of 2.5 cm on the left side, respectively 2.5 cm on the right side.
CHAPTER III
Areas of expertise
Art. 23 – The specialised areas of the CES are:
a) economic policies;
b) financial and fiscal policies;
c) labour relations, social protection, wage policies and equal 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) citizen rights and freedoms;
h) health policies;
i) policies in the field of education, youth, research, culture and sport.
CHAPTER IV
Operation and management
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 meetings of the Plenary.
Art. 25 – The functioning and management of the 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 specialised 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 shall have a tripartite structure and shall consist of a number 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 shall be carried out as follows:
a) 15 members appointed by the employers' confederations representative at national level, constituting the employers' party;
b) 15 members appointed by the nationally representative trade union confederations, constituting the trade union part;
c) 15 members, representatives of non-governmental associations and foundations, appointed by decision of the Prime Minister.
(3) Each trade union and employers' confederation representative at 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 employers' and for the trade union side, up to the number of 15 seats shall be established by a protocol concluded within each party. This shall be done by consensus, and in case of disagreement, by vote, within each party, with a majority of three-quarters of the total number of representative confederations at national level.
(5) In case of non-implementation of the provisions of para. (4) At least 15 days before the end of the mandate of the Plenary in operation, within each party, each trade union and employers' confederation representative at national level shall automatically receive a second seat in the Plenary of the Economic and Social Council. The distribution of the other available seats up to the 15 seats shall be made by consensus.
(6) A new nationally representative employers/trade union confederation shall submit a request for the allocation of a seat in the Plenary of the Economic and Social Council. The application shall be accompanied by the supporting documents and the file of the nominated person.
(7) The request registered with the Economic and Social Council shall be brought to the attention of the Plenary by the President and shall be communicated by the Secretary-General to the presidents of employers/trade union confederations represented in the Economic and Social Council.
(8) Within 10 days from the date of communication of the notification of the Secretary-General regarding the request for a new employers/trade union confederation representative at national level for the allocation of a seat in the Plenary of the Economic and Social Council, the employers/trade union confederation that holds the most seats in the CES Plenary has the obligation to communicate the nominal 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 employers/trade union confederations with the largest number of seats in the Plenary, within 5 days from the communication of the notification provided for in para. (7), the employers/trade union confederations with at least two seats in the CES Plenary shall organize a draw for the designation of the confederation that will free up a seat for its occupation by the new representative confederation at national level. The confederation thus selected shall communicate to the CES, within 10 days from the draw, the nominal withdrawal of a representative from the CES Plenary for the purpose of vacancy, respectively to make available the seat due to the new confederation.
(10) Following the vacancy of the seat by the nominal withdrawal of the member of the CES Plenary by the employers/trade union confederation provided for in paragraph (8) or (9), the Secretary-General shall proceed to the validation of the nominated member by the confederation requesting the allocation of the rightful seat in the CES Plenary.
(11) The time interval between the date of submission of the application by the newly recognised confederation as representative at national level and the date of validation of the member proposed by it shall not exceed 30 days.
(12) The term of office of the new member of the Economic and Social Council Plenary shall end at the end of the term of office of the active Plenary.
Art. 27 – The CES Plenary is legally constituted on the date of appointment/validation of at least 24 members, provided that each party is represented by at least 8 members.
Art. 28 – (1) The first meeting of the new Plenary shall be convened by the Secretary-General of the CES 5 days before the expiry of the term of office of the Plenary.
(2) The meetings of the new Plenary and the following ones, until the election of the President of the CES, shall be chaired by the oldest person who does not come from the party to nominate the candidates for the position of President. In these meetings, until the election of the President, decisions with budgetary or patrimonial impact may not be taken.
CHAPTER VI
Duties of the Plenary
Art. 29 – The Plenary ensures the general management of the Economic and Social Council and has the following main duties:
a) issues opinions on draft legislative acts within a maximum of 10 working days from the receipt of the request, based on the draft opinions elaborated, as a rule, by at least 3 specialised 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 legislative acts elaborated by the Government, those that have gone through the interministerial approval circuit provided by Government Decision no. 561/2009 will be discussed. In the case of draft legislative 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 a vice-president and a member of the Executive Bureau, proposed by each party;
d) adopts and amends its own Rules of Organisation and Functioning;
e) establishes the composition of the permanent specialised committees;
f) approves its own draft of the income and expenditure budget, as well as the report on budget execution;
g) debates and adopts the draft opinions/decisions on the draft legislative acts elaborated by the specialised committees;
h) appoints the Secretary-General of the Economic and Social Council;
i) preparesss, debate and adopt draft documents (views, recommendations, reports, studies, analyses) drawn up, on its own initiative, by the Economic and Social Council, in accordance with its strategy and annual programme of actions;
j) debates and adopts decisions regarding the fulfilment of the duties of the Economic and Social Council, in compliance with these Rules of Organisation and Functioning;
k) approves the organizational chart and the list of functions of the Technical Secretariat of the Economic and Social Council, at the proposal of the Secretary-General, with the approval of the Executive Bureau;
l) approves the decisions of the Executive Bureau on any other issues that required an urgent resolution until the first meeting of the Plenary;
m) adopts any other decisions necessary for the achievement of the objectives of the Economic and Social Council;
n) approves the nomination of the persons proposed by the social partners to be appointed by the Minister of Justice as legal assistants;
o) approves the budget necessary to carry out analyses and studies in the economic and social field.
CHAPTER VII
Functioning of the Plenary
Art. 30 – (1) The work of the Plenary shall take place at the CES headquarters, online in a videoconference system or in a hybrid system, as the case may be, with the participation of the members both physically and online, by using the electronic means communicated in the convening document. The works of the Plenary shall be carried out in public meetings except in cases expressly established by the BEx.
(2) The quorum for the meeting of the CES Plenary is at least 24 members. In this case, opinions and decisions may be adopted during the meeting, under the conditions of 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 amendments and observations, Annex No. 1 c) - Unfavorable Plenary Opinion, Annex No. 1 d) - Plenary views (no consensus). Favorable/unfavorable opinions or opinions with observations and proposals are adopted with two-thirds of the number of members present, and decisions are adopted with three-quarters of the number of members present. The views of the parties are adopted by a simple majority of the parties (more than 50% of the votes of the members present from each party).
(3) If the quorum of the meeting has not been reached, but the convening has been made regularly, the members present may hold debates, without being able to adopt opinions and decisions. The view of the party is considered valid if at least 5 votes for/against are gathered, according to the model provided in Annex No. 1 e) – Plenary views (without quorum, position of the parties).
(4) The members of the Plenary may not delegate the vote for the meetings of the CES Plenary.
Art. 31 – (1) The Plenary of the Economic and Social Council shall meet weekly, or whenever necessary, at the convocation of the President.
(2) The Plenary shall also meet in extraordinary sessions, at the request of the Executive Bureau or of at least one third of the number of members. In this case, the convening of the Plenary shall be made by the President, at least 2 working days before the date of the meeting.
(3) The draft agenda and the related materials shall be sent to the members of the Plenary at least 2 working days before the date of the meeting.
(4) The members of the Plenary and of the specialised committees may also carry out other activities, with the prior information of the Executive Bureau, in order to achieve the purpose and objectives established according to Law No. 248/2013 on the organisation and functioning of the CES, republished, following which they will present a report on the participation in that activity.
Art. 32 – The CES Plenary adopts, according to the provisions of Law No. 248/2013, republished, opinions and decisions:
a) favorable opinions without reasoning;
b) favorable opinions with observations and proposals, which shall include the full motivation of each objection or proposal;
c) unfavorable opinions, which will necessarily include their motivation;
d) if the conditions for the adoption of an opinion are not met, the views of the parties expressed in the EESC Plenary shall be adopted and transmitted to the initiator;
e) decisions in the exercise of its powers, initiated by the President, the Executive Bureau, the Secretary-General together with the specialised directorates, the permanent/temporary specialised committees or of at least 24 members of the Plenary, 8 on each side.
Art. 33 – (1) In the exercise of its powers, in accordance with the provisions of art. 21 of Law No. 248/2013 on the organisation and functioning of the CES, as subsequently amended and supplemented, the CES Plenary adopts decisions, as a rule, by consensus of the members present, according to the attendance list.
(2) If consensus is not reached, the decisions shall be adopted by vote, with a majority of 3/4 of the number of members of the CES Plenary present.
(3) As regards the endorsement activity, decisions shall be adopted by vote, with a majority of 2/3 of the number of CES members present.
(4) If a majority of 2/3 of the number of CES members present is not obtained, the views expressed shall be transmitted.
Art. 34 – (1) The proceedings of the Plenary shall be audio/video recorded. The recording of the meeting shall be provided by the ST and archived. Based on the recording, the ST shall draw up the summary of the minutes of the meeting.
(2) The minutes, signed by the person who drew them up, shall be sent by ST – CES by e-mail to the members of the Plenary, 2 days before its next meeting. The minutes shall be approved at the next meeting of the Plenary, after which it shall be considered final and shall be filed together with all the materials related to the meeting.
(3) The draft opinions issued by the specialised committees of the CES shall be sent to the DGA, which shall include them on the agenda of the Plenary meeting in order to issue the opinion of the CES.
Art. 35 – The procedure for holding the meetings of the Plenary is as follows:
(1) At the entrance to the meeting room, the members of the Plenary have the obligation to sign the attendance list drawn up by the ST.
(2) In the case of meetings organised in an online or hybrid system through the videoconferencing application, it is mandatory to register/log in with the full name and surname. Based on the report provided by the videoconferencing application, the DGA will draw up the attendance list of the members of the Plenary at the meeting.
(3) The attendance list of the members of the Plenary at the meeting shall be presented for signature and endorsement to the Secretary-General, the directors of the specialised directorates and the Vice-Presidents of each party, then for approval to the President, which shall be sent to the DBFC, in order to grant the monthly allowances.
(4) The meeting shall be chaired by the CES President or a person designated by him from among the members of the Plenary.
(5) The chair of the meeting, on the basis of the attendance lists submitted by the ST, shall announce the attendance and determine whether the meeting is with or without a quorum.
(6) If the quorum is not achieved during the meeting, only views regarding the draft legislative acts on the agenda may be adopted.
(7) The proposal of the agenda submitted by BEx shall be subject to debate and approval.
(8) For each topic on the agenda, the President shall request registrations to speak after the presentation of the draft legislative act.
(9) The intervention shall be made in the order of registration to speak, at the invitation of the chair of the meeting. Those who intervene shall be compulsorily present.
(10) Each member of the Plenary has the right to a maximum of 3 minutes' intervention on each item/sub-item of the agenda and to a single right of reply, granted by the chair of the sitting of a maximum of 2 minutes.
11) A member's speech may be interrupted by the presiding officer at the end of the allotted time or in the event of an uninvited speech.
(12) The hearing may be interrupted, when a violation of the ROF is found, by raising the hand and pronouncing the word "PROCEDURE" mentioning the article and paragraph of the ROF violated.
(13) At the end of the interventions, the President shall submit to the vote of the Plenary the draft opinion or draft decision.
(14) The invitations from the initiators may have clarification interventions to support the projects presented at the invitation of the chair of the meeting, respecting the intervention times provided for in para. (8).
(15) The draft legislative 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, shall be returned to the initiators.
CHAPTER VIII
Members of the Plenary
Art. 36 – The mandate of member of the CES Plenary is 4 years and may be renewed.
Art. 37 – (1) Pursuant to the provisions of art. 13 para. (1) and para. (2), in conjunction with the provisions of art. 15 para. (3) and para. (4) of Law No. 248/2013, republished, as subsequently amended and supplemented, 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 employers' and trade union confederations representative at national level, respectively by the Prime Minister, at the proposal of the relevant ministry, for the associative structures of the civil society;
b) they have full capacity to exercise;
c) have no criminal record;
d) they did not act as political police.
(2) In order to be validated as members in the CES Plenary, the organisations that appointed/appointed them, have the obligation to submit to the secretariat of the Economic and Social Council, for each nominated person, the file, accompanied by the opis, with the following documents:
a) copy of the court decision establishing the employers' confederation, respectively trade union confederations, according to the provisions of Law No. 367/2022 on social dialogue and extract from the special register located at the Bucharest Tribunal;
b) copy of the court decision attesting the quality of representative trade union and employers' confederation at national level, according to the provisions of art. 12 of Law No. 248/2013, republished, as subsequently amended and supplemented;
c) a copy, certified by the President of the respective confederation, according to the protocol concluded between the employers' and trade union confederations, respectively, regarding the distribution of the number of seats in the Plenary, as well as in the specialised committees, according to the provisions of art. 11 para. (3), (3^1) and para. (4) of Law No. 248/2013, republished, as subsequently amended and supplemented;
d) decision of the Prime Minister for the representatives of associations and foundations/ decision of the president of the trade union or employers' confederation who nominated them;
e) copy of the court decision establishing the association or foundation, according to the provisions of the Emergency Ordinance No. 26/2000, as subsequently amended and supplemented, or of the special constitution laws and extract from the special register of associations and foundations;
f) copy of the identity card;
(g) curriculum vitae;
h) criminal record certificate;
i) affidavit, according to the criminal law, for the nominated persons who were born before January 1, 1976, in the sense that they had or did not have the status of Securitate worker or collaborator of the Securitate, drafted according to the model provided in the annex to the Government Emergency Ordinance No. 24/2008 on access to one's own file and the disclosure of the Securitate, approved with amendments and completions by Law No. 293/2008, as subsequently amended and supplemented, as well as that they did not act as political police, according to art. 13 para. (1) letter d) of Law No. 248/2013;
j) proof of application for the C.N.S.A.S. certificate, for the nominated persons who were born before January 1, 1976 and do not hold this certificate.
(3) The validated members of the Plenary of the Economic and Social Council in the situation provided for in para. (2) letter j), have the obligation to submit the certificate from the C.N.S.A.S. at the time of obtaining it.
Art. 38 – (1) The protocols, signed by the presidents of the employers' and trade union confederations, respectively, 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 nominated persons on behalf of the civil society together with their files, shall be submitted to the Economic and Social Council at least 30 days before the expiry of the term provided for in art. 15 of Law No. 248/2013, at the written request of the Secretary-General. In the conditions of non-implementation of the protocol, the provisions of the law shall apply.
(2) The file registered with the Economic and Social Council shall be assigned by the President to the Secretary-General, who shall forward it to the Commission for the verification of the files.
(3) The Commission for the Verification of Files shall be appointed by decision by the Secretary-General and shall consist of 3 members, respectively a representative of the Legal, Approval and Economic Directorates.
(4) The commission provided for in paragraph (3), within 3 working days from the receipt of the file, shall ascertain and record in a report the fulfilment of the legal conditions for validation as a member of the Plenary, which it shall transmit to the Secretary-General together with the file.
(5) The Secretary-General, following the findings in the minutes, shall communicate in writing, individually, to each member the fulfilment of the conditions provided for in art. 13 para. (1) and para. (2) of Law No. 248/2013, republished, as subsequently amended and supplemented, in accordance with the provisions of art. 15 para. (3) of Law No. 248/2013, republished, as subsequently amended and supplemented.
(6) In case of failure to meet the conditions provided for in art. 13 para. (1) and para. (2) of Law No. 248/2013, republished, as subsequently amended and supplemented, the Secretary-General shall communicate in writing to the organisation or institution (as the case may be) that appointed/appointed him, to make another appointment/designation, according to the provisions of art. 15 para. (4) of Law No. 248/2013, republished, as subsequently amended and supplemented.
(7) If, during the term of office, the conditions provided for in art. 13 para. (1) letters a), c) and d) and para. (2) of Law No. 248/2013, the Secretary-General has the obligation to communicate in writing to the organisation 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 stop the payment of the indemnity, as well as, as the case may be, to notify the criminal prosecution bodies for forgery and use of false statements.
Art. 39 – The membership of the Plenary of the Economic and Social Council shall cease in the following situations:
a) at the expiry of the mandate;
b) in case of resignation;
c) in case of death;
d) as a result of the prohibition, by a final decision, of the right to hold a position or to exercise a profession or to carry out an activity of the nature of that which he used to commit the crime;
e) in the event that the employers' confederation, the trade union confederation, or the Prime Minister, who appointed him, requests his dismissal;
f) if it no longer fulfils the condition provided for in art. 37 para. (1) letter b) of this Regulation;
g) if there are changes in the criminal record;
h) in the event that the employers/trade union confederation that nominated him loses its quality of representative confederation at national level.
Art. 40 – (1) The membership of the CES Plenary shall cease under the provisions of art. 17 para. (1) of Law No. 248/2013, republished, as subsequently amended and supplemented, as follows:
a) the expiry of the mandate takes place at the end of the 4 years from the date of the constitution of the Plenary;
b) in the event of death, the termination becomes effective on the date of the ascertainment of death;
(c) in the event of resignation, the termination of the mandate shall take effect on the date on which the resignation is registered with the CES, unless the resigning person expressly indicates, in the resignation, a later date from which it is to take effect;
d) in the event of a prohibition, by a court decision, of the right to hold a position or to exercise a profession or to carry out an activity of a nature of the kind used for the commission of the crime, the termination becomes effective from the date on which the decision was communicated;
e) if the employers' confederation, the trade union confederation, or the Prime Minister who appointed him, requests his dismissal, the termination becomes effective from the date of registration with the CES of the request for revocation;
f) if it no longer meets the condition provided for in art. 13 letter b) of Law No. 248/2013, as subsequently amended and supplemented, the termination becomes effective from the date of the finding;
g) if the employers' confederation or the trade union confederation that appointed it loses its status as a representative confederation at national level, the termination becomes effective from the date of expiry of the representativeness.
(2) In the event of the resignation/death of a member of the CES Plenary, the general secretary of the CES shall request the employers/trade union confederation whose member has resigned/died or, as the case may be, the Prime Minister, to appoint/designate another person.
(3) If an employers/trade union confederation represented in the Economic and Social Council no longer holds the status of representative confederation at national level, the Secretary-General shall immediately inform the President, the Executive Bureau and the Plenary of this situation with a view to stopping the payment of the allowance. In this case, the President of the Economic and Social Council shall request the employer/trade union party to start the procedures relating to the new distribution of seats related to the party and the conclusion of a new protocol.
(4) The term of office of the new members of the CES Plenary validated on the vacant seats under the conditions of para. (1) – (3) shall extend over the period remaining until the expiry of the term of office of the active Plenary.
Art. 41 – (1) For the activity carried out, the members of the Plenary shall receive a monthly allowance in the amount of 20% of the amount of the allowance established for the President.
(2) The monthly allowance shall be granted in full to the members of the Plenary who have participated in at least 4 monthly meetings;
(3) In case of participation in less than 4 meetings per month, the allowance shall be granted in proportion to the number of meetings in which he/she participated in relation to the minimum limit of 4 meetings.
(4) By exception to the provisions of para. (1), the members of the Plenary who have not participated in at least 4 monthly meetings, being mandated to represent the CES at domestic or international activities, scheduled on the dates of the respective meetings, shall benefit from the full allowance.
(5) If a member of the Plenary is absent from 6 consecutive meetings and does not present the documents provided for in para. (4), the Executive Bureau shall notify the organisation that appointed him.
CHAPTER IX
Executive Bureau
Art. 42 – (1) The BEx shall consist of the President, three Vice-Presidents and one member from each side.
(2) The BEx shall be headed by the President of the CES.
Art. 43 – (1) The nomination of the BEx members shall be made during the first meeting of the Plenary, each party proposing a vice-president and a member.
(2) The term of office of the BEx shall cease on the date of expiry of the term of office of the Plenary.
(3) The validation of the BEx members shall be made, as a rule, in the same Plenary meeting in which the election of the President takes place.
(4) The validation of the BEx members shall be made on the basis of the proposals made by each party represented in the CES.
Art. 44 – (1) The proceedings of the BEx meeting shall be conducted by the President, and in his absence, by one of the Vice-Presidents, appointed by him.
(2) The meetings of the Executive Bureau may be held with the physical participation of the members, in an online or hybrid system, by using the electronic means communicated in the convening document.
(3) In the case of meetings organised in an online or hybrid system through the videoconferencing application, it is mandatory to register/log in with the full name and surname.
(4) The BEx shall adopt decisions, as a rule, by consensus of its members, in meetings held in the presence of at least 5 members.
(5) If consensus is not reached, decisions shall be adopted by vote, by simple majority (more than 50% of the votes of the members present).
(6) The members of the Executive Bureau shall exercise their vote in person, and its delegation shall not be allowed.
Art. 45 – The Executive Bureau has the following duties:
(1) Leads the activity of the CES between the meetings of the Plenary, exclusively during its mandate, coordinating the activity of the specialised committees, the SG and the ST, ensuring the fulfilment of the decisions of the Plenary.
(2) Makes the annual evaluation, or whenever necessary regarding the activity of the Secretary-General. Following the evaluation, BEx may make a proposal to the Plenary to sanction and/or replace the Secretary-General from office.
(3) Is responsible for ensuring the necessary conditions for the fulfilment of the decisions of the Plenary and for meeting the legal deadlines for issuing the opinions of the CES.
(4) Proposes to the Plenary the establishment of new temporary specialised committees.
(5) Takes note of the annual election of the chairs of the permanent specialised committees, in compliance with the rules on the distribution of their chairmanship between the parties.
(6) Evaluates, every six months, the activity of the specialised committees and presents the conclusions of the analysis in the CES Plenary.
(7) Establishes the list of experts who can be used on a temporary basis, by fields of activity.
(8) Proposes to the Plenary for approval, the level of allowances for the work of temporary experts, within the limit of 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 sitting proposed by the President.
(11) Evaluates the materials prepared by the specialised committees - analyses, briefings - 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 sittings - closed or open - depending on the confidential or public nature of the information received from the institutions promoting draft legislative acts.
(14) Endorses the draft CES strategy and the draft annual programme of CES actions and submits it to the plenary for approval.
(15) Decides on the structure of the website and of the other publications of the CES.
(16) Approves the draft RI presented by the SG.
(17) Approves the draft of the framework travel programme for CES members, drawn up by the ST and submits it to the Plenary for approval.
(18) Proposes the establishment of mission delegations, their composition and mandate, which it submits to the approval of the Plenary. The delegation will be led by the CES President, and in his absence, the President will designate the head 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) Analyses, whenever necessary, the work of the SG and the specialist directorates within the ST.
(21) Approves, at the proposal of the SG, the organizational chart and the list of posts of the ST and presents them to the Plenary for approval.
(22) Analyses and approves the draft income and expenditure budget of the CES for the following year, within the legal term, the report on the 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 the SG, together with the specialised directorates, and submits them to the approval of the CES Plenary.
(23) Approves the files of the candidates proposed by the social partners to be appointed by the Minister of Justice as judicial assistants and submits them to the approval of the Plenary.
(24) Analyses the addresses of the trade union/employers' confederations and of the civil society represented in the CES Plenary with the members nominated in the permanent specialised committees, in order to verify the fulfilment of the conditions provided for in art. 45 of these Regulations and present to the Plenary its proposals for nominal validation or invalidation.
CHAPTER X
CES President and Vice-Presidents
SECTION 1
The President
Art. 46 – The presidency of the Economic and Social Council is ensured by the rotation of the parties, every 4 years, in the following succession: trade unions, civil society, employers' associations.
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 majority of three-quarters of the total number of members of the Economic and Social Council, in compliance with the provisions of Art. 23 para. (1) of Law No. 248/2013, republished, as subsequently amended and supplemented.
Art. 48 – The term of office of the President of the CES is 4 years and ends on the date of constitution of the new Plenary and/or under the conditions provided for in Art. 17 para. (1) of Law No. 248/2013. The replacement of the President before the term of office shall be made for the period remaining until the expiry of the mandate, by the same party.
Art. 49 – (1) The President shall be elected by the members of the Plenary by secret ballot, according to the following procedure:
a) within 4 working days from the meeting for the constitution 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 or she comes from the one who has been assigned the position of President on a rotational basis;
c) within 24 hours from the expiry of the deadline for submitting candidacies, the S.T. will print the ballot papers 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 paper shall be handed over by the Secretary-General to each member of the Plenary at the entrance to the hall, on the basis of a signature of receipt in a centralising table drawn up by the Technical Secretariat of the CES, according to the model provided in Annex No. 4 – The ballot paper and the centralised table regarding the election of the President;
e) the members of the Plenary will express their option on the ballot paper by circling the candidate's name, then they will insert the ballot paper into the ballot box in the Plenary Hall and will sign the handover of the vote in the same centralising table;
f) the ballot box will be opened, during the same meeting, by a tripartite commission nominated by the Plenary before the start of the counting of votes, consisting of 3 members of the Plenary, one from each side;
g) the members of the commission shall verify the number of votes cast. If the number of votes cast is greater than 45, the procedure shall be resumed at the same meeting in compliance with the provisions of letters a) – f);
h) if the number of 34 votes out of the total number of CES members is not met for any of the candidates for the position of CES President, the procedure from letters d) to g) shall be repeated for the first two candidacies in descending order of the number of votes, without the possibility of submitting other candidacies. In the latter situation, ST shall print the ballot papers with the names of the two candidates in alphabetical order.
(2) The procedure in para. (1) letter h) shall be repeated during the same Plenary Session, until the election of the President.
Art. 50 – The President has the following duties:
a) represents the 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 the CES in the National Tripartite Council for Social Dialogue, established on the basis of Law No. 367/2022 on social dialogue, republished, as subsequently amended and supplemented;
c) signs the documents issued by the CES;
d) employs and, as the case may be, appoints, according to the law, the staff of the CES apparatus;
e) is the principal authorising officer;
f) establishes the draft agenda of the BEx meetings and the Plenary meetings;
g) convenes and chairs the meetings of the Plenary and those of the BEx;
h) receives the correspondence addressed to the CES, decides its distribution, establishes tasks so that the works are carried out on time, in compliance with the legal provisions and this Regulation;
i) may delegate powers to one of the Vice-Presidents, to any other member of the Plenary or, as the case may be, to the Secretary-General, and the person receiving the power of attorney shall inform him/her, within the agreed period, of their fulfilment;
j) in the exercise of its duties issues decisions;
k) exercises any other duties incumbent on him, according to the law or the decisions of the Plenary.
Art. 51 – Public statements shall be made on behalf of the Economic and Social Council only by the President and/or by the persons designated by him.
SECTION 2
Vice-Presidents
Art. 52 – The Vice-Presidents have the following duties:
a) they are responsible for solving any problems concerning the party they represent, including those assigned by the president and BEx;
b) monitor the presence of the party's members at the meetings of the Plenary, of the Executive Bureau and of the specialised committees for the party it represents and notify the party, the CES President and BEx, in the event that it finds that the quorum necessary for the holding of the Plenary meeting is not met;
c) coordinate and be responsible for the participation of the members of the specialised committees nominated by the party they represent;
d) have the obligation to keep the documents received during the BEx and Plenary meetings, 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 contact with the leaders of the organisations that make up the party they represent, for the correct information and documentation of each party and inform BEx about any problems that arise;
f) take over from the Secretary-General and keep in copy the documents that make up the validation files of the members of the Plenary and of the members of the specialised committees, for the part they represent;
g) carry out any other tasks entrusted by the Plenary, the BEx or the CES President, for the achievement of the objectives of the CES.
CHAPTER XI
Specialised committees
SECTION 1
Establishment of specialised committees
Procedure for appointment/designation, respectively termination of membership of specialised committees
Art. 53 – The provisions of this chapter shall apply to all permanent and temporary specialised committees within the structure of the CES.
Art. 54 – The specialised committees are the structures of the Economic and Social Council that analyze the problems in their areas of competence and that propose to the Plenary measures to solve them.
Art. 55 – (1) Within the Economic and Social Council, 9 permanent specialised committees are constituted, according to art. 27 para. (2) of Law No. 248/2013, each commission having 9 members.
(2) Other temporary specialised committees may be established at the proposal of the members of the Plenary, with the opinion of BEx, by Decision of the Plenary.
(3) The appointment/designation of the members in the permanent specialised committees shall be made as follows:
a) 27 members appointed/appointed by the employers' confederations representative at national level;
b) 27 members appointed/appointed by the trade union confederations representative at national level;
c) 27 members appointed/appointed by the non-governmental associations and 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 specialised committees shall be established by protocol, concluded within each party. This shall be done by consensus, and in case of disagreement, by vote, within each party, with a majority of three-quarters of the total number of the party represented in the Plenary of the Economic and Social Council.
(5) The protocols, signed by the presidents of the employers' 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/appointed by them, shall be submitted to the Economic and Social Council within a maximum of 10 working days from the date of constitution of the Plenary.
Art. 56 – (1) Persons who cumulatively meet the following conditions may acquire the quality of member of the specialised committees:
a) are appointed/designated in writing by the employers' confederations representative at national level, by the trade union confederations representative at national level, respectively by the non-governmental associations and foundations whose representatives are appointed in the Plenary of the Economic and Social Council by decision of the Prime Minister;
b) they have full capacity to exercise;
c) have no criminal record;
d) they did not act as political police.
(2) In order to validate the members appointed/appointed according to the provisions of para. (1), the organisations shall submit the file to the CES, accompanied by the opis, containing the following documents:
a) the decision of the president of the trade union confederation, of the employers' confederation, respectively of the non-governmental associations and foundations whose representatives are appointed in the Plenary of the Economic and Social Council by decision of the Prime Minister, of appointment/designation;
b) a copy of the protocol of each party, regarding the distribution of the number of seats in the specialised committees;
c) copy of the identity card;
(d) curriculum vitae;
e) criminal record certificate;
f) affidavit, according to the criminal law, for the persons nominated and who were born before January 1, 1976, in the sense that they had or did not have the quality of Securitate worker or collaborator of the Securitate, drafted according to the model provided in the annex to the Government Emergency Ordinance No. 24/2008 on access to one's own file and the disclosure of the Securitate, approved with amendments and completions by Law No. 293/2008, as subsequently amended and supplemented, as well as that they did not act as political police, according to art. 13 para. (1) letter d) of Law No. 248/2013;
g) proof of application for the C.N.S.A.S. certificate, for the nominated persons who were born before January 1, 1976 and do not hold this certificate.
(3) The members of the validated specialised committees in the situation provided for in para. (2) letter g), have the obligation to submit the certificate from the C.N.S.A.S. at the time of obtaining it.
(4) If the C.N.S.A.S. certificate proves the violation of the conditions provided for in art. 13 of Law No. 248/2013, the Secretary-General has the obligation to initiate the revocation procedure, suspend the payment of the indemnity and notify the criminal prosecution bodies for forgery and use of false statements.
(5) The file registered with the Economic and Social Council shall be assigned by the President to the Secretary-General, who shall forward it to the Commission for the verification of the files.
(6) The Commission for the Verification of Files shall be appointed by decision by the Secretary-General and shall consist of 3 members, respectively one representative of the Legal, Approval and Economic Directorates.
(7) The commission provided for in para. (6), within 3 working days from the receipt of the file, shall ascertain and record in a report the fulfilment of the legal conditions for validation as a member of the specialised committees, which it shall transmit to the Secretary-General together with the file.
(8) The Secretary-General, following the findings in the minutes, shall communicate in writing, individually, to each member the fulfilment of the conditions provided for in para. (1) and para. (2).
(9) If a proposed member does not meet the conditions provided for in para. (1), the Secretary-General shall request the organisation or institution, as the case may be, which appointed him, to make another proposal.
Art. 57 – (1) The mandate of member of the specialised committee is 4 years and may be renewed.
(2) The mandate of the members of the specialised committees shall cease by law on the date of termination of the mandate of the Plenary.
Art. 58 – (1) The quality of member of the specialised committee shall cease in the following situations:
a) at the expiry of the mandate;
b) in case of resignation;
c) in case of death;
d) as a result of the prohibition, by a final decision, of the right to hold a position or to exercise a profession or to carry out an activity of the nature of that which he used to commit the crime;
e) in the event that the organisation that appointed him, requests his dismissal;
f) if it no longer fulfils the condition provided for in art. 56 para. (1) letter b) of this Regulation;
g) if there are changes in the criminal record;
h) in the event that the employers/trade union confederation that appointed/appointed him loses its quality of representative confederation at national level or the association/foundation that appointed him loses its membership in the Plenary.
(2) The membership of the specialised committee shall cease from the date on which the request for revocation was registered with the CES.
SECTION 2
Activity of the specialised committees
Art. 59 – (1) The specialised committees shall be headed by a chair, appointed by annual rotation by each party, and elected by the respective party from among the members of the commission belonging to the party.
(2) The first meeting for the establishment of the specialised committee after the validation of the members shall be convened by the Secretary-General within 15 working days from the date of constitution of the new Plenary.
(3) The chairmen of the specialised committees shall be elected at the first constitution meeting and a minutes of the meeting shall be drawn up.
(4) The minutes by which the chair of the committee was elected shall be communicated to the Executive Bureau of the CES.
Art. 60 – (1) The meetings of the specialised committees shall be chaired by the chair of the commission, and in his absence by another member of the commission appointed by the chair.
(2) The meetings of the permanent specialised committees may be held with the physical participation of the members, in an online or hybrid system, by using the electronic means communicated in the convening document.
(3) The following may participate in the meetings of the specialised committees:
a) members of the Plenary;
b) invited by the initiators of the draft regulations on the agenda;
c) invited by the organisations represented in the CES Plenary, designated in writing by them.
(4) The members of the specialised committee have the obligation to sign the attendance list in case of participation with physical presence.
(5) The persons who participate in the meeting according to the provisions of para. (2) have the obligation to sign the attendance list in case of participation with physical presence.
(6) In the case of meetings organised online or hybrid through the videoconferencing application, it is mandatory to register/log in with the full name and surname. Based on the report provided by the videoconferencing application, the DGA will draw up the attendance list of the members of the permanent specialised committees at the meeting.
(7) The attendance list of the members of the permanent specialised committees at the meeting shall be presented for signature and approval to the Secretary-General, the directors of the specialised directorates and the vice-presidents of each party, then for approval to the President, which shall be sent to the DBFC, in order to grant the monthly allowances.
Art. 61 – (1) The permanent specialised committees shall meet weekly or whenever necessary.
(2) If the draft legislative act contains provisions that fall within the competence of the committee, it may not decline the competence of analysis.
(3) The specialised committees of the CES may carry out their activity in meetings, in the presence of at least 5 members. Draft opinions are usually adopted by consensus and, if consensus is not achieved, by simple majority voting (more than 50% of the votes of the members present).
(4) In the case of additional or urgent projects, the permanent specialised committees shall hold a larger number of meetings.
(5) The members of the specialised committees have the obligation to participate in the meetings of the commissions to which they belong.
(6) The members of the commissions have the obligation to notify the Technical Secretariat in writing in case of non-participation in the convened meeting.
(7) If the quorum condition is not met, and the convocation was carried out in a regular manner, a note shall be issued, signed by the chair of the meeting, stating that the meeting was not statutory, the members who were present and absent, as well as the members' views, according to the model provided in Annex No. 5 d) – Views of the specialised committee (without quorum).
(8) The members of the specialised committees shall exercise their vote in person, and its delegation shall not be allowed. Abstention shall not be allowed.
Art. 62 – (1) The activity of the commissions shall be coordinated by the Executive Bureau, which shall ensure their periodic monitoring and evaluation.
(2) Every six months, the chair of the commission shall submit to the Executive Bureau a report on the activity of the respective commission.
(3) The BEx shall analyse the activity of the specialised committees and inform the Plenary on the conclusions drawn.
(4) In the event that a member of the commission, through his activity, affects the proper conduct of the commission, the Executive Bureau shall notify the organisation that appointed him, in order to take a decision accordingly.
Art. 63 – (1) The draft legislative acts registered with the CES shall be distributed by the President, to the Directorate-General for Opinions.
(2) The Directorate-General for Opinions shall transmit the draft legislative acts to the competent specialised committees.
(3) The president or a member designated by him of the specialised committee has the obligation to convene, through the DGA, the meeting of the specialised committee, which will elaborate the draft opinions no later than 2 hours before the start of the Plenary meeting, in the case of the draft legislative acts included in the draft agenda of its meeting.
(4) The president, or a member designated by him, of the specialised committees assigned by BEx to elaborate analyses, studies or syntheses in the specific fields of competence has the obligation to establish the planning of the meetings for the preparation and presentation to BEx of the respective works, within the established deadline.
(5) The Secretary-General, together with the Directorate-General for Opinions, propose to the President the introduction of the draft legislative acts in the draft agenda of the next meeting of the Plenary.
Art. 64 – (1) For the activity carried out, the members of the permanent specialised committees, who are not members of the Plenary of the Economic and Social Council, shall be entitled to a monthly allowance in the amount of 10% of the amount of the allowance established for the President.
(2) The monthly allowance shall be granted in full to the members of the specialised committees who have participated in at least 4 monthly meetings.
(3) In case of participation in less than 4 meetings per month, the allowance shall be granted in proportion to the number of meetings in which he/she participated in relation to the minimum limit of 4 meetings.
(4) If a member of the standing specialised committees is absent from 6 consecutive meetings and does not present supporting documents, the Executive Bureau shall notify the organisation that appointed him/her
Art. 65 – (1) The results of the commission's activity shall be materialised in:
a) draft opinions on draft legislative acts;
b) views regarding various materials received for analysis from the Plenary or the Executive Bureau of the CES;
c) analyses, studies or summaries regarding the problems established by the Plenary or the Executive Bureau of the CES;
d) proposals on certain issues of interest to the parties represented in the CES and calls for initiatives from the CES;
e) any other pertinent proposals resulting from the analysis of the situations that fall within the areas provided for in art. 2 para. (2) of Law No. 248/2013 on the organisation and functioning of the CES, republished.
(2) The draft opinions of the committee may be of three types:
a) favorable opinion according to the model provided in Annex No. 5 a) – Favorable opinion of the specialised committee;
b) favorable opinion with proposals for amendments and observations according to the model provided in Annex No. 5 b) – Favorable opinion of the specialised committee with proposals for amendments and observations;
c) unfavorable opinion according to the model provided in Annex No. 5 c) – Unfavorable opinion of the specialised committee.
(3) The results of the committees' activity shall not be public, and may be disseminated exclusively to the members of the committee that analysed the draft, as well as to the members of the Plenary.
CHAPTER XII
Technical Secretariat
SECTION 1
Duties of the Technical Secretariat
Art. 66 – The Technical Secretariat shall provide specialised technical and logistical support to the Plenary of the Economic and Social Council, the Executive Bureau, the President of the CES and the specialised committees through the Secretary-General, the specialised directorates and services.
Art. 67 – The Technical Secretariat prepares and ensures the administrative and technical conditions for the preparation of draft opinions, draft decisions of the Plenary and the Executive Bureau and the decisions issued by the President of the CES, drafts the opinions, decisions of the Plenary and the Executive Bureau, as well as the decisions of the President.
Art. 68 – The Secretary-General and the directors of the specialised directorates are responsible for the training of the staff regarding the knowledge and compliance with the legislation governing the activity of the CES, the Rules of Organisation and Functioning, the Internal Regulations, 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 carrying out the duties regarding the timely completion of the assigned tasks.
Art. 69 – (1) The Secretary-General and the directors of the specialised directorates, by the 15th of the current month, shall make an analysis on:
a) the activity carried out in the previous month;
b) the manner of carrying out the procedures regarding the receipt and transmission of documents from and to the members of the Plenary, the Executive Bureau, the specialised committees, as well as the initiators;
c) drafting the opinions, decisions of the Plenary, the Executive Bureau as well as the decisions of the President;
d) the framing of the expenses incurred in the provisions of the budget and the supporting documents that were the basis for them;
e) the way in which the service tasks were carried out by each directorate and service, proposing to remedy the deficiencies for those found, establishing the programme for the current month, the tasks and objectives for each directorate and service.
(2) The conclusions of the monthly analysis and the proposed measures shall be presented to the President in order to take the necessary decisions.
Art. 70 – The Secretary-General and the directors of the specialised directorates shall prepare the draft Income and Expenditure Budget for the following year by November 1 of each year and submit it to the Executive Bureau.
Art. 71 – The Secretary-General and the directors of the specialised directorates shall prepare by March 15 of each year the activity report and the budget execution for the previous year and submit them to the Executive Bureau.
Art. 72 – The Technical Secretariat prepares the draft agenda of the BEx meeting and of the Plenary, which it presents to the President for approval, as well as the documents that will be debated during the meetings of the Plenary of the Economic and Social Council, of the Executive Bureau. After the approval by the President, the convocation, the draft agenda and the documents will be sent 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 the DGA, may complete the agenda in exceptional situations.
Art. 73 – The Technical Secretariat, after the adoption by the Plenary of the opinions and decisions, has the obligation to draft them and present them to the President on the day of their adoption. After their signing, the opinions will be registered in the General Register and sent to their initiators, and the decisions, to the interested legal and natural persons.
Art. 74 – (1) The Technical Secretariat shall draw up the attendance lists, for each party, at the works of the meetings of the Plenary and the Executive Bureau, which shall be signed by each member at the beginning of the meeting, in the case of meetings with physical participation, then shall present the situation to the President in order to announce whether the quorum is achieved.
(2) The attendance lists shall be drawn up by the DGA and shall be presented for signature and approval to the Secretary-General, the directors of the specialised directorates and the Vice-Presidents of each party, then for approval to the President, they shall be sent to the DBFC, in order to grant the monthly allowances.
Art. 75 – (1) The Technical Secretariat shall draw up the attendance lists for the meetings of the permanent specialised committees, which shall be signed by each member at the beginning of the meeting, in the case of meetings with physical participation, then present them to the chair of the commission to announce whether the quorum is achieved.
(2) The attendance lists shall be drawn up by the DGA and shall be presented for signature and approval to the Secretary-General, the directors of the specialised directorates and the Vice-Presidents of each party, then for approval to the President, they shall be sent to the DBFC, in order to grant the monthly allowances.
Art. 76 – The Technical Secretariat prepares the draft agenda as well as the draft legislative acts that will be debated during the meetings of the specialised committees, which will be sent at least 3 days before the date of the meetings. The DGA may complete the agenda in exceptional situations, with the draft legislative acts sent to the CES as a matter of urgency.
Art. 77 – The Technical Secretariat shall ensure the audio-video recording of the meetings of the Plenary and the Executive Bureau, draw up their minutes, send them to the members of the Plenary and the Executive Bureau and include them on the agenda of the next Plenary meeting and of the Executive Bureau for approval.
Art. 78 – The Technical Secretariat shall ensure the technical conditions and the necessary facilities for the maintenance of the facilities, annexes, installations, their administration according to the technical and specialised norms and shall be responsible for ensuring the necessary conditions for the activity of the CES Plenary, the Executive Bureau and the specialised committees.
Art. 79 – The Technical Secretariat shall ensure the endowment and updating of the database of the documentation, information and training center regarding:
a) domestic and international legislation, treaties, international conventions, EU directives ratified by the Romanian state that governs and strengthens the tripartite dialogue;
b) promoting the work of the CES domestically and internationally.
Art. 80 – The President of the CES, together with the Executive Bureau, in relation to the topics included on 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 specialised staff in order to support the materials included on the agenda.
SECTION 2
Appointment and Duties of the Secretary-General
Art. 81 – The Secretary-General is directly subordinate to the President and the Executive Bureau.
Art. 82 – The Secretary-General heads the Technical Secretariat of the Economic and Social Council.
Art. 83 – The position of Secretary-General is incompatible with the quality of member of the Plenary of the Economic and Social Council.
Art. 84 – The President of the CES shall initiate the procedure for appointing the Secretary-General of the Economic and Social Council within a maximum of 5 days from the date of his election, requesting the parties represented in the CES Plenary to submit proposals for appointment within a maximum of 10 working days.
Art. 85 – Each party represented in the CES Plenary may submit to the Economic and Social Council a proposal for candidacy together with the candidate's registration file.
Art. 86 – The candidacy proposals together with the registration files shall be registered at the registry of the Economic and Social Council.
Art. 87 – Persons who cumulatively meet the following conditions may be proposed for appointment as CES Secretary-General:
a) They are proposed in writing by the Vice-President of the party represented in the CES Plenary;
b) Have long-term higher education with a bachelor's degree;
c) Have at least 10 years of seniority in the specialty of studies necessary for the exercise of the position;
d) I know the Romanian language;
e) They are medically fit to perform the function;
f) Have at least 3 years of seniority in managerial activity;
g) Know at least one foreign language of international circulation.
Art. 88 – The candidates' registration file shall include the following documents:
a) The proposal submitted by one of the parties represented in the CES Plenary;
b) Curriculum vitae, the common European model;
c) Copy of the identity document;
d) Copy of the university diploma;
e) Copy of the work book or, as the case may be, of the certificate issued by the employer for the period worked, attesting the seniority in work and in the specialty of studies necessary for the occupation of the position;
f) Certificate attesting to the appropriate state of health, issued no more than 6 months in advance by the family doctor;
g) Criminal record, in original;
h) Affidavit or certificate attesting to the quality or lack of quality of worker or collaborator of the Securitate.
Art. 89 – The documents provided for in Art. 88 letters c), d) and e) shall be legalized or certified for conformity with the original by the organisation submitting the candidacy proposal.
Art. 90 – The President of the CES will distribute the candidacy files to DJRUS, which, within 3 working days from the receipt of the files, will ascertain and record in writing the fulfilment/non-fulfilment of the legal conditions for appointment to the position of CES Secretary-General.
Art. 91 – In case of non-fulfilment of the conditions provided for in Art.87 and Art.88, the incomplete file(s) together with a forwarding address will be sent to the organisation that made the proposal. If none of the files meet the conditions provided in this procedure, it will be resumed.
Art. 92 – The candidacy files that meet the legal conditions will be submitted by the President of the CES to the Executive Bureau to be endorsed in the first meeting.
Art. 93 – The Executive Bureau shall analyze, endorse and submit to the CES Plenary the files that meet the conditions provided in this Regulation.
Art. 94 – The Secretary-General shall be appointed by Decision of the CES Plenary adopted by vote with a majority of 3/4 of the number of CES members present.
Art. 95 – (1) If none of the candidates proposed for the position of Secretary-General of the CES obtains 3/4 of the number of votes of the CES members present at the meeting, the voting procedure shall be repeated for the first two candidacies in descending order of the number of votes, without the possibility of submitting other candidacies.
(2) The voting procedure provided for in para. (1) shall be repeated during the same Plenary Session, until the election of the Secretary-General.
Art. 96 – Following the adoption by the CES Plenary of the Decision appointing him as Secretary-General, the Legal Affairs, Human Resources and Payroll Directorate shall draw up the mandate contract on the basis of which he will carry out his activity starting with the date of termination of the mandate of the previous Secretary-General.
Art. 97 – The mandate contract on the basis of which the Secretary-General of the Economic and Social Council will carry out his activity will be concluded for a period that may not exceed 90 calendar days from the constitution of the new Plenary.
Art. 98 – (1) In case of non-fulfilment or improper fulfilment of the duties provided for in the mandate contract, as well as in the ROF-CES, the Plenary of the Economic and Social Council may revoke the Secretary-General with the vote of 3/4 of the number of CES members present at the meeting.
(2) The procedure for the dismissal of the Secretary-General shall be initiated by the President of the CES at the request of the Executive Bureau, at the request of at least one third of the members of the CES Plenary, or at the proposal of the President of the CES.
Art. 99 – The Secretary-General exercises any other duties incumbent on the post according to the legislation, the Rules of Organisation and Functioning of the CES, the Rules of Procedure, the decisions of the Plenary and the Executive Bureau and the decisions of the President.
Art. 100 – The Secretary-General and the directors of the specialised directorates shall implement the decisions of the Plenary, the Executive Bureau, the decisions of the President of the Economic and Social Council, including the works assigned by the President.
Art. 101 – The Secretary-General and the directors of the specialised directorates shall elaborate the draft Internal Regulation (RI) of the Technical Secretariat and submit it for approval to the Executive Bureau.
Art. 102 – The Secretary-General and the directors of the specialised directorates shall draw up the draft Organizational Chart and the list of functions and submit it for approval to the Executive Bureau.
Art. 103 – The Secretary-General and the directors of the specialised directorates shall elaborate the annual training plan and submit it for approval to the Executive Bureau, in the first quarter of each year.
Art. 104 – The Secretary-General and the directors of the specialised directorates shall draw up annually, or whenever necessary, the plan of acquisitions, endowments and investments and shall submit it for approval to the specialised departments, then present it to the President for approval.
Art. 105 – The Secretary-General and the directors of the specialised directorates shall carry out the decisions of the Plenary, the Executive Bureau, the decisions of the President, including those established by the control bodies, the Court of Accounts, internal control and other specialised bodies empowered by law, which shall order measures through control acts.
Art. 106 – The Secretary-General and the directors of the specialised directorates periodically analyze the activity of each position in order to be covered with activity for a full-time of 8 hours daily.
Art. 107 – The Secretary-General and the directors of the specialised directorates shall approve for the legality and conformity of the data, the documents that are submitted for approval to the President of the Economic and Social Council.
Art. 108 – The Secretary-General and the directors of the specialised directorates shall make proposals which shall be submitted to the President for approval for the nomination by decision of the persons responsible for and ensure the technical conditions for holding the meetings, their registration, drawing up the minutes of the meetings of the Plenary, the Executive Bureau, the specialised committees and other actions carried out within the CES, as well as the formalities regarding the presence of the members at the meetings of the Plenary, the Executive Bureau and the specialised committees within the CES.
Art. 109 – The Secretary-General and the directors of the specialised directorates shall draw up and verify the legality and conformity of the contracts to be concluded by the CES in relation to other natural and legal persons, shall sign them for legality and conformity and submit them for approval to the President, who shall also have the capacity of authorizing officer.
Art. 110 – The Secretary-General is responsible for the specialised companies to carry out the ISCIR verifications within the legal deadlines.
Art. 111 – The Secretary-General, the directors of the specialised directorates and the person with responsibilities in the field are responsible for the related activities regarding health and safety at work and the PSI plan.
Art. 112 – The Secretary-General and the directors of the specialised directorates have the following obligations:
a) they are responsible for the maintenance of the premises, the construction and operation of the installations and equipment, the supply of water and electricity, heating, sewerage and their maintenance within the technical parameters of operation and their operation;
b) they are responsible for ensuring the security of the objective (the CES headquarters where they carry out their activity);
c) are responsible for the operation and maintenance of signalling installations, fire extinguishers, hydrants, etc., necessary for fire interventions according to the PSI defence plan;
d) draw up the evacuation plan in case of fire and are responsible for the organisation and training of the CES staff;
e) they are responsible for the maintenance of the earthing installations and the lightning rod provided;
f) are responsible for the maintenance and operation of the means of transport provided;
g) are responsible for the maintenance and operation of the equipment, furniture, machinery, inventory objects and fixed assets in their endowment.
Art. 113 – The Secretary-General and the directors of the specialised directorates shall draw up the job description, establish the performance and evaluation criteria for each employee and submit them for approval to the President.
Art. 114 – The Secretary-General and the directors of the specialised directorates shall make the annual evaluation of the employees based on the performance criteria, shall make proposals for the improvement of the activity and the increase of performance, which they shall present to the president in order to take the necessary measures.
Art. 115 – The Secretary-General and the directors of the specialised directorates shall ensure the necessary conditions for the proper conduct of the Plenary meetings, of the Executive Bureau and of the specialised committees. If difficulties arise in the fulfilment of the above-mentioned duties, they shall inform the President in order to take the necessary measures to resolve the situation.
Art. 116 – The Secretary-General and the directors of the specialised directorates have the obligation, each year, until the end of the first quarter, to archive the documents of the previous year, on each directorate and service, according to the legal provisions.
Art. 117 – The Secretary-General and the directors of the specialised directorates shall make proposals which they shall submit to the President for the nomination by decision of the person who will register all correspondence in the General Register of Entries and Exits of the Economic and Social Council in the chronological order of each document.
Art. 118 – The Secretary-General shall take over, on the basis of signature, the daily correspondence registered in the General Register and present it for distribution to the President of the Economic and Social Council. In relation to the aforementioned specifications and deadlines, he shall register the documents in his correspondence registers for each directorate, establish the manner of performing the tasks for each work/document and assign them on the basis of signature to the competent directorate or specialised service.
Art. 119 – The Secretary-General and the directors of the specialised directorates shall make proposals to the president for the nomination by decision of the person who will chronologically register in the register of the department or service the documents assigned by the Secretary-General or directly by the president, and then deliver them on the basis of signature to the person responsible for the work/document.
Art. 120 – (1) The works/documents carried out by the specialised directorates and services shall be presented to the Secretary-General for endorsement and submitted to the President for approval.
(2) The works/documents approved by the President shall be transmitted, internally, to the directorates and services concerned, as well as to the institutions, legal entities, or individuals outside the CES, being registered in the document output register.
Art. 121 – The Secretary-General and the directors of the specialised directorates, within 24 hours from the end of the Plenary meeting, have the obligation to draw up, to submit to the President for approval, to display on the CES website and to send to the media the press release on the activity of the Plenary, the opinions and decisions adopted by the Plenary.
Art. 122 – The Secretary-General makes proposals to the President for the nomination by decision of the person responsible for the relationship with the administrator of the CES website for uploading the documents approved by the President on the website.
Art. 123 – The Secretary-General and the directors of the specialised directorates have the obligation to approve monthly the collective attendance sheet drawn up by the human resources service, based on the condition and the supporting documents and transmit it to the specialised directorate.
Art. 124 – The Secretary-General and the directors of the specialised directorates are responsible for the legality of the tenders organised for the engagement of services and contracts necessary for the Economic and Social Council.
Art. 125 – The Secretary-General and the directors of the specialised directorates have the obligation to draw up and submit for approval to the President at the end of the year, the planning of the annual leave for the following year.
Art. 126 – The Secretary-General and the directors of the specialised directorates have the obligation to draw up and submit for approval to the President of the CES, the procedure regarding the registration and transmission to and from the CES of the documents submitted in electronic format.
Art. 127 – The Secretary-General and the directors of the specialised directorates are responsible for regulating the access of foreigners to the premises of the institution.
Art. 128 – The Secretary-General and the directors of the specialised directorates have the obligation to draw up the Regulations on the organisation and functioning of the Internal Discipline and Ethics Commission, which they will submit to the president for approval.
Art. 129 – The Secretary-General and the directors of the specialised directorates shall be responsible for submitting within the deadline the declarations of assets and declarations of interests of the subordinate staff and of the members of the CES Plenary.
Art. 130 – The Secretary-General and the directors of the specialised directorates shall be responsible for the inventory of fixed assets and inventory objects in the endowment of the Economic and Social Council, at the end of each year.
Art. 131 – The Secretary-General and the directors of the specialised directorates are responsible for the application of the legislation and internal norms regarding the scrapping of inventory objects and fixed assets (recovery or destruction of scrapped assets), according to the list approved by the President.
Art. 132 – The Secretary-General has the obligation to ensure the publication on the institution's website of all the documents provided by the legislation in force on free access to information of public interest, as well as the information decided by the management bodies of the CES.
Art. 133 – During the period in which the Secretary-General is unavailable (leave, temporary incapacity for work, etc.), the President shall issue a decision to replace him with one of the department directors.
SECTION 3
Specific duties of the Directorate-General for Opinions
Art. 134 – (1) The Directorate-General for Opinions is the department that provides the specialised expertise of the CES structures in the field of issuing opinions and preparing studies, analyses and preparation of meetings.
(2) The DGA shall mainly have the following powers:
a) provides specialised advice/assistance to the CES structures regarding the approval activity;
b) distributes the draft legislative acts submitted to the CES for approval to the specialised committees, depending on their field of competence;
c) sends to the members of the specialised committees/Plenary in electronic format, the convocation containing the agenda and the related materials; d) provide the meeting folder with the related materials at least 24 hours before the time of the meeting;
e) draws up the attendance list, which, in the case of meetings with physical participation, it submits to the members of the specialised committees/BEx/Plenary present in the room, in order to sign, taking care that they, as well as the guests, sign it;
f) ensures the counting of the votes of the members and communicate them to the chairperson of the meeting;
g) in the case of meetings with physical participation, ensures the preparation of the meeting room, the proper functioning of the entire apparatus, as well as the audio recording of the meeting;
h) prepares as soon as possible, the minutes of the meeting of the specialised committees/Plenary;
i) ensures the elaboration of studies and syntheses on economic and social phenomena at the request of the institutions, initiating bodies;
j) develops synthesis materials following the proposals made by the CES members;
k) prepares information notes, comparative tables, as well as other materials related to the draft legislative acts analysed; l) ensures the preparation and drafting of the draft opinions elaborated by the specialised committees, as well as the drafting of the opinions approved by the Plenary, which it submits for signature to the President;
m) ensures the smooth running of the meetings of the specialised committees, the Executive Bureau and the CES Plenary, and in case of difficulties arise, immediately informs the Secretary-General/President, in order to order the necessary measures to resolve the situation;
n) contributes to the elaboration of the Annual Activity Report of the CES;
o) participates in the meetings of the CES Plenary and the Executive Bureau, at the request of the CES President;
p) prepares every six months a report on the activity of the Directorate-General for Opinions, the analysis of the problems encountered and proposals for improving the activity;
q) ensures the elaboration of proposals for amending the internal procedures within the competence of the Directorate-General for Opinions and submits them for information to the Secretary-General and for approval to the President;
r) participates in the elaboration of the draft Regulation on the organisation and functioning (ROF) of the CES, as well as in the proposals for its amendments, at the request of the Secretary-General/President of the CES.
SECTION 4
Specific duties of the Budget – Finance, Accounting Directorate
Art. 135 – (1) The Budget – Finance, Accounting Directorate is the department that carries out the activity of the CES in the economic and financial field, ensures the preparation and approval of the technical-economic documentation and the funds necessary for the proper development of the institution's activity.
(2) The DBFC shall mainly have the following powers:
a) structures the documentation received from the other directorates and prepares the draft budget in accordance with the budget classification established by the Ministry of Public Finance;
b) prepares the substantiation documentation, necessary for the transfer of budget appropriations and the budget rectification;
c) distributes quarterly the approved budget, the updated budget according to budget transfers and amendments;
d) updates the budget on the occasion of transfers, rectifications of budget appropriations, with the influences that have occurred, respectively the changes of appropriations from one title to another, from one item/paragraph of expenditure to another;
e) prepares the cash register in lei and foreign currency;
f) analyses and approves the procurement reports for goods and services in accordance with the legal and budgetary commitments;
g) ensures and approves the making of all payments in cash and foreign currency;
h) analyses and approves the proposals regarding the scrapping of fixed assets and inventory objects;
i) preparessss and submits the documentation for the opening of budget appropriations, as well as the documentation for the opening of investment financing;
j) ensures the preparation of payment documents for material, capital, other transfers to the Treasury, for other transfers (contributions) to BCR (external currency payment order, auction order), for payment slips, for cash deposits;
k) organizes and exercises preventive financial control, by granting the visa for the legality of operations;
l) ensures the registration of the visas granted in the CFPP register;
m) ensures the operation in the application provided by the MFP "BUGET" on the https://extranet.fiscnet.ro portal;
n) ensures the record of fixed assets per unit, operating in the SIMEC programme, any movement of them (scrapping, transfers);
o) elaborates the situation of fixed asset entries;
p) ensures the preparation of the report of the decommissioning of fixed assets, of decommissioning of some material goods (inventory objects), in order to hand them over to the specialised units for destruction;
q) organizes the inventory of the CES patrimony according to the legislation in force;
r) ensures the budget execution and follows the application of the rules for the closure of the budgetary year established annually by the Ministry of Public Finance;
s) ensures the processing of documents from an accounting view using the chart of accounts for public institutions;
t) ensures the synthetic and analytical record of the accounts in the trial balance, checking the balances;
u) prepares the budget appropriations sheets opened in account 8062;
v) operates in the accounting programme the data entered in the account statements in lei from the Treasury and the Romanian Commercial Bank and in foreign currency (euros and dollars) from the Romanian Commercial Bank;
w) draws up investment lists;
x) ensures the registration in the accounting programme of the cash register, depreciation of fixed assets, material consumption, inventory objects and expenses recorded in advance;
y) ensures the verification and endorsement of travel decisions, expense statements and payment/collection provisions to the cashier and ensures their registration in the accounting programme;
z) establishes monthly the necessary available for the expenses with salaries and allowances of the members of the Plenary and the members of the specialised committees of the CES;
aa) prepares the programming of budget openings on a decadal basis based on the available needs and submits it to the Ministry of Public Finance;
bb) ensures the recording in the accounting programme of assets, receivables and debts, cash payments and actual expenses by subdivisions of the budget classification, as well as all documents on the basis of which payments from the budget were made;
cc) operates the inputs in the materials programme, developing NIRs and outputs based on the consumption receipts of each Directorate in a single management;
dd) keeps track of inventory objects by recording any movement thereof, draws up balances on management of inventory objects, scrappings, transfers;
ee) prepares the trial balance as well as the mandatory accounting records;
ff) prepares quarterly and annually the financial statements, which it transmits electronically to the MFP and submits all documents within the deadline;
gg) permanently monitors the inclusion of expenditures in the budgetary allocations;
hh) prepares monthly, quarterly and annual reports on the structure of the salary fund used (monitoring of personnel expenses, informative statement on the salary fund, etc.);
ii) prepares the balance sheet on a monthly basis, entering it into the computer programme and transmitting it to the MFP in writing and electronically;
jj) reports monthly on the monitoring of capital expenditures and sends it to the MFP in writing and electronically;
kk) prepares the file of the public entity, the initial individual budgets, modified by transfers of credits and rectified;
ll) proposes for approval the payment commitments and the ordering of payments, under the conditions of the law, within the limit of the appropriations approved by the budget;
mm) ensures the elaboration and monthly verification of the statements for the payment of salaries, of other rights assimilated to salaries, of sick leave, of the allowances of the members of the Plenary and of the specialised committees;
nn) ensures the elaboration and submission/transmission of the 112 declaration, as well as the preparation of the 57 form;
oo) ensures the elaboration of the documentation for the amounts to be collected from CASMB;
pp) periodically submitsss to the Executive Bureau and the President of the CES information on the activities carried out and request their approval in order to carry out those activities;
qq) prepares a half-yearly report on the activity of the Directorate, analyses the problems encountered and develops proposals for improving the activity, which it presents to the Secretary-General and the President;
rr) develops the internal procedures under the competence of the Budget – Finance, Accounting Department;
ss) ensures the verification of payment orders related to personnel expenses, goods and services, other transfers, capital;
tt) concerns, from the view of budgeting, the documents involving the economic and financial activity;
uu) takes the necessary steps for the recovery of the receivables based on the documentation drawn up and presents them to the president in order to take the necessary measures;
vv) informs the SG and the CES President in writing when it finds a violation of the legislation, the RI, ROF and/or the duties in the job description or other financial accounting irregularities.
SECTION 5
Specific duties of the International Relations and Public Relations Directorate
Art. 136 – (1) The International Relations and Public Relations Directorate is the department through which the CES strategy is carried out at the international level, the CES image strategy, as well as the access to the institution's information of public interest.
(2) The DRIRP shall mainly have the following duties:
a) organizes the completion of the activities and tasks established by the CES management on time;
b) ensures the application of the decisions of the Plenary, of the BEx and of the President's decisions on the CES strategy at international level, in collaboration with the other directorates and bureaus;
c) ensures permanent contact with similar institutions and international organisations, bodies, institutions;
d) documentation on institutions with a similar profile to the CES at international level (compiles the database on the institutions similar to the CES at international level, embassies, other international institutions);
e) collaborates in the preparation of any databases on ESCs and institutions with a similar profile at international level;
f) applies the decisions of the Plenary, BEx and the decisions of the President on the CES strategy at international level, in collaboration with the other directorates and bureaus;
g) collaborates in the development of technical assistance programmes, in the organisation of visits of foreign delegations to the CES headquarters, seminars, conferences and other international and national events, if applicable, that take place at the CES headquarters (materials, French/English/Romanian translation, etc.);
h) ensures the organisation of international events hosted by the CES or the participation of the CES in international meetings organised by partner institutions;
i) ensures, if necessary, the translation and translation into/from Romanian, French and English at various internal and international meetings attended by the President and other persons accompanying him;
j) provides the documentation necessary for the elaboration of orders or decisions to travel abroad, in the interest of the service, for the President, members of the CES Plenary or employees of the Technical Secretariat;
k) organizes the effective, safe travel of the delegations representing CES Romania abroad and the good representation of the institution at international level;
l) coordinates the organisation and management of the CES archive;
m) periodically provides the President with the documents received in the field of International Relations and, if necessary, prepares the documentation that will be presented to the Executive Bureau/CES Plenary.
n) develops proposals, for the nomination by decision, of the employee who will register all correspondence in the single register of entries and exits of the Economic and Social Council;
o) coordinates the permanent updating of the CES website;
p) ensures the dissemination of information of public interest by applying the provisions of the legislation in force;
q) ensures the monitoring of the press appearances of the CES members and the institutions they represent and present the results of the monitoring in the meetings of the CES Plenary;
r) applies the image strategy of the CES, in collaboration with the other departments of the ST;
s) organises the CES press conferences (prepares the CES press kits and press releases);
t) develops and disseminates the institution's presentation materials;
u) provides the media representatives with any information of public interest regarding the institution's activity, in accordance with the provisions of the legislation in force;
v) ensures the preparation and drafting of any document on the international activity of the CES to be posted on the website or disseminated in the press, in collaboration with the Media Relations Service;
w) ensures the preparation of international correspondence in French and English;
x) prepares every six months a report on the activity of the International Relations and Public Relations Department, which includes the analysis of the problems encountered and puts forward proposals for improving the activity, which it presents to the Secretary-General and for approval to the President;
y) prepares the annual report on the international relations activity of the institution;
z) prepares the annual report on access to information of public interest;
aa) develops and proposes policies, procedures and working tools necessary to improve the CES's relationship with similar institutions and international organisations, bodies, institutions and propose them for approval to the Secretary-General and the President;
bb) develops and proposes measures to improve the working procedures and tools;
cc) ensures participation in the meetings of the CES Plenary and the Executive Bureau, at the request of the CES President;
dd) designs and coordinates proposals for amending the internal procedures that fall within the competence of the International Relations and Public Relations Directorate;
ee) ensures participation in the elaboration of the draft Regulation on the organisation and functioning (ROF) of the CES, as well as in the proposals for its amendments, at the request of the Secretary-General/President of the CES;
ff) ensures compliance with the procedures and work instructions, in force, adopted by the institution;
gg) ensures permanent liaison with the Presidents and Secretaries General of UCESIF and AICESIS, as well as with the Ministry of Foreign Affairs of Romania.
SECTION 6
Specific duties of the Legal, Human Resources and Payroll Directorate
Art. 137 – (1) The Legal, Human Resources and Payroll Directorate is the department that provides specialised expertise in the legal field, human resources management and payroll within the ST – CES.
(2) DJRUS has mainly the following duties:
a) provides legal advice to the members of the CES, as well as to the departments within the CES, at their request;
b) develops and drafts resolutions, decisions and other specialised documents assigned to the Directorate by the CES management;
c) reviews for legality the documents issued by the CES management as well as the contracts concluded by the CES with third parties;
d) participates in the meetings of the specialised committees of the CES and provides legal advice regarding the draft legislative acts submitted for an opinion and prepares, in collaboration with the DGA, the opinions issued by the specialised committees as well as those issued by the Plenary;
e) participates in the meetings of the CES Plenary and the Executive Bureau, at the request of the President;
f) verifies the files of the persons proposed by the trade union/employers' confederations representative at national level and by the associative structures of the civil society, assigned by the president by correspondence and ensures the preparation of written notes to the Executive Bureau, in order to validate them as members in the specialised committees of the CES;
g) verifies the candidacy files of the persons proposed by the representative trade union/employers' confederations at national level, as well as by the associative structures of civil society in order to appoint them to the position of judicial assistant assigned by the president by correspondence and ensures the preparation of the notes, in order to endorse/approve the candidacies by the Executive Bureau/CES Plenary;
h) receives the correspondence regarding the judicial assistants assigned by the President and keeps records of their application files;
i) preparessss and drafts the draft decisions to be adopted by the CES Plenary, as well as the decisions adopted in the plenary sittings and keeps records thereof;
j) ensures representation before the courts and formulates actions, responses, written conclusions, in the interest of the CES in order to settle in court the disputes in which the CES is a party, at the request of the CES president;
k) represents the interests of the CES before the courts, on the basis of the delegation received from the President of the CES;
l) informs the CES structures about the legislative changes of importance for the CES;
m) keeps track of the legislative acts in the fields of competence of the CES published in the Official Gazette;
n) undertakes actions for the recovery of debts based on the documentation initiated by the functional services of the CES, at the request of the institution's management;
o) collaborates with the specialised services for the elaboration of studies and analyses in the fields of competence of the CES;
p) participates in the elaboration of the draft Regulation on the organisation and functioning (ROF) of the CES, as well as in the proposals to amend it, at the request of the Secretary-General/President of the CES;
q) participates in the drafting and modification of the draft Internal Regulation (RI) of the Technical Secretariat (ST) of the CES, at the request of the Secretary-General/President of the CES;
r) formulates proposals for the amendment and initiation of legislative acts of interest to the Economic and Social Council, at the request of the Secretary-General/President of the CES;
s) prepares decisions at the request of the President and keeps records of them;
t) participates in seminars, meetings and other events initiated by the CES, in which issues with an impact on labour legislation are debated, on the basis of the delegation received from the Secretary-General/President of the CES;
u) proposes human resources policies and programmes;
v) develops the annual plan for the professional development of the staff of the Technical Secretariat;
w) draws up and regularly update the staffing structure and the list of posts for the Technical Secretariat of the CES and submit them to the Secretary-General for endorsement and to the President for approval;
x) initiates and monitors the process of evaluation of professional performance for the staff of the Technical Secretariat;
y) draws up, on a monthly basis, the collective attendance sheet for the CES staff;
z) initiates and coordinates the conduct of competitions and exams for filling vacant positions and verifies compliance with the applicable legislation, at the request of the President;
aa) designs and coordinates proposals for amending the internal procedures within the competence of the Legal, Human Resources and Payroll Department;
bb) collaborates with the other directorates in order to optimise the structure of their positions (e.g. job transformations, job exchanges, etc.);
cc) follows the correct completion by the employees of the sections in the attendance condition (time of arrival, time of departure, mention of delays, absences, schedule above the basic norm and presents the condition daily for the visa of the Secretary-General or the person designated by him);
dd) keeps track of the overtime hours worked/recovered/paid, of the annual leave taken, of the leaves for temporary incapacity for work, of unpaid leave, of unjustified absences, as the case may be;
ee) prepares the centralising situation of the annual programming of the approved annual leave for the current year;
ff) ensures the management of the job descriptions of all the institution's employees and updating according to the changes that occurred in the execution of the individual employment contract;
gg) prepares and monitors the implementation of the Annual Plan for the development/training of the contractual staff of the CES Technical Secretariat;
hh) makes proposals for the annual budget of the institution;
ii) designs and develops proposals for amending the internal procedures under the competence of the Human Resources Payroll Service;
jj) prepares monthly and sends to ANAF the declaration regarding Form M500 according to MMFPSPN Order no. 2263/08.12.2016;
kk) keeps in touch with the occupational medicine doctor and verifies the records of the services in the field;
ll) prepares and manages the documentation provided by the regulations in force regarding salaries and other personnel rights due to ST – CES employees;
mm) prepares the decisions of hiring, finalization and promotion in office, as well as those of modification, suspension and termination of the individual employment contract;
nn) includes the necessary measures in REVISAL;
oo) draws up the individual employment contract and their addenda;
pp) prepares and issues any document attesting to the quality of employee, the due monetary rights, the vacations granted, etc.;
qq) provides the database on the number of personnel, the structure of the staff by functions and professional grades as well as the related salary funds, the amount of allowances, bonuses, etc.;
rr) when hiring the staff within the CES, BRUS establishes the basic salary according to the professional training (secondary or higher education), the type of position he will hold (executive or management) and the seniority brackets;
ss) establishes the monthly timesheet;
tt) depending on the length of service, on the dates on which the seniority tranches are modified, BRUS establishes the basic salary by applying the coefficients of the corresponding seniority tranche;
uu) upon promotion from a lower position to a higher position, BRUS shall establish the salary, applying the coefficients of the new position, as well as the coefficients corresponding to the seniority brackets;
vv) calculates (establishes) the basic salaries according to the laws in force (Law 153/2017);
ww) calculates (establishes) the bonus for harmful and dangerous conditions (15%) to the basic salary;
xx) calculates (establishes) the salary fund annually and upon rectification;
yy) prepares the situation for the MFP regarding the establishment of the maximum number of positions and the related salary fund;
zz) prepares the situation for the MFP regarding the breakdown by functions of the maximum number of positions approved in financing (annually);
aaa) determines the amount of the allowance to be granted to the President, Vice-Presidents and members of the CES Plenary;
bbb) fills in Declaration L153;
CCC) draws up the records of the days of unpaid medical leave.
SECTION 7
Specific duties of the Public Procurement and Administrative Directorate
Art. 138 – The Public Procurement and Administrative Directorate is the department that ensures the administrative activity, as well as the material conditions necessary for the proper performance of the institution's activity.
(2) DAPA shall mainly have the following duties:
a) organizes and controls the timely implementation of the coordinated activities and tasks established by the CES management;
b) organizes scheduled tenders for the engagement of services and procurement contracts necessary for the good performance of the institution's activity;
c) ensures the solicitation of bids and their analysis, awarding, conclusion, as well as monitoring the performance of public procurement contracts;
d) proposes draft service contracts, based on the reports of necessity and the offers received and collaborates with the Legal, Human Resources and Payroll Directorate and the Budget-Finance, Accounting Directorate in order to develop them;
e) draws up draft tender documents, when the procurement procedure so requires;
f) prepares each year, together with the DBFC, the Annual Procurement Plan;
g) develops policies, procedures and working tools necessary for the management of the procurement activity at the level of the institution;
h) develops measures to improve the procedures and working tools in order to reduce costs;
i) approves the purchase of goods, services and works, in order to ensure the activity of the institution;
j) keeps track of the documents regarding the cars in the institution's endowment (BCFs, FAZs, roadmaps) and monitors the normed consumption of gasoline and diesel on a monthly basis;
k) is responsible for the scrapping of fixed assets and inventory objects with all related actions (dismantling, capitalization, etc.);
l) is responsible for the renewal of the compulsory insurance contract by the effect of the CASCO law on civil and optional liability, for the machines provided by the institution;
m) provides the protocol materials to the persons responsible for organizing the meetings of the Plenary, the BEx and the specialised committees;
n) ensures the collection and storage of the waste left after the meetings until its recycling;
o) ensures waste management and storage;
p) provides the necessary materials for the toilets;
q) publishes in SEAP all the documents necessary for the start of public procurement procedures;
r) prepares and periodically submits to the Executive Bureau/CES Plenary information on the activities carried out and requests their approval in order to carry out those activities;
s) develops and coordinates proposals for amending the internal procedures under the competence of the Public Procurement Department;
t) participates in the drafting of the CES Organisation and Functioning Regulation (ROF), as well as in the proposals to amend it, at the request of the CES Secretary-General/President.
SECTION 8
Specific duties of the Internal Public Audit Office
Art. 139 – (1) The Internal Public Audit Office of the Economic and Social Council is organised and operates in accordance with the provisions of Law No. 672/2002 on internal public audit, republished and of G.D. no. 1086/2013 approving the general norms regarding the exercise of the internal public audit activity in public institutions, as subsequently amended and supplemented.
(2) The Internal Public Audit Office has mainly the following duties:
a) develops the multiannual internal public audit plan, usually for a period of 3 years and based on it, the annual internal public audit plan shall submit it to the approval of the President;
b) updates the annual internal public audit plan, depending on the changes that occurred during the year and submit it to the CES President for approval;
c) monitors the status of implementation of the recommendations formulated in the internal public audit reports;
d) carries out, with the approval of the CES President, ad-hoc internal public audit missions;
e) prepares and updates the Risk Register at the level of the activity of the internal audit department and transmits it to the person in charge of the Risk Register at the level of the CES;
f) carries out internal public audit activities at the level of all CES departments, in order to assess whether the financial management and control systems of the CES are transparent and comply with the rules of legality, regularity, economy, efficiency and effectiveness;
g) in case of identification of irregularities or possible damages, immediately report to the President of the CES and to the competent internal control structure;
h) reports regularly on the findings, conclusions and recommendations resulting from its audit activities;
i) preparessss the annual report of the internal public audit activity, including issues solved during the mission, issues presented to the CES Chair, issues that remain to be resolved;
j) updates the annual internal public audit plan, depending on the legislative and organizational changes and submit it to the CES President for approval;
k) supports the Commission for monitoring the internal/managerial control system through advisory activities on the implementation of the internal/managerial control system;
l) carries out internal audit advisory missions, at the request of the CES departments;
m) when he finds the violation of the legislation, the RI, the ROF, or the duties in the job description, he has the obligation to inform, in writing, the Director of the Directorate, the Secretary-General and the President of the CES and to formulate proposals for remedying the situation created;
n) formulates written proposals to the CES President to ensure efficient management of the CES's activity, the Plenary, the specialised committees and the Technical Secretariat, within the limits of the specific legislation and internal rules governing the CES's activity;
o) during the controls, it has the obligation to comply with the established theme, the legality, and if it finds other irregularities than those provided for in the control theme, it has the obligation to make written notes to the president at the time of the finding;
p) if the President orders the performance of thematic controls as a result of the Decisions of the Plenary/BEx, he has the obligation to amend the Annual Audit Plan and to include in the emergency procedure, the controls ordered, in order to avoid the violation of the legislation.
SECTION 9
Specific duties of the IT Office
Art. 140 – The Informatics Bureau has mainly the following duties:
a) proposes to the CES management solutions for the rational and efficient use of the institution's computing technology resources;
b) establishes opportunities for extension and modernisation of computing technology within the CES and participates in all stages of the process of acquiring computing technology as well as specific consumables;
c) ensures the proper functioning of computers, printers, servers and other IT equipment within the CES (virus removal, resolution of various software/hard problems, replacement of components);
d) installs/configures software packages, installation/configuration of peripherals and resolution of any technical incidents;
e) ensures the installation of new network equipment, monitoring of Web traffic (internet and emails, by total users, on different destinations, etc.);
f) ensures the configuration of new user accounts;
g) ensures the allocation of rights on folders according to the internal regulations;
h) ensures security patch upgrades;
i) ensures the technical conditions necessary for the conduct of the meetings organised in the online system;
j) participates in the procurement process by placing orders in SEAP;
k) develops and proposes the draft of the annual procurement plan together with the Public Procurement Directorate, the Budget-Finance and Administrative Directorate and the Secretary-General;
l) prepares a half-yearly activity report with the analysis of the problems encountered and with proposals for improving the activity, which it presents to the Secretary-General and the President of the CES;
m) when he finds the violation of the legislation, the RI, ROF or the duties in the job description, he has the obligation to inform, in writing, the Secretary-General/President of the CES and to come up with proposals to remedy the situation created.
CHAPTER XIII
Final provisions
Art. 141 – The Economic and Social Council is a public institution, being defined in the Romanian Constitution (Art. 141) as a consultative body of the Parliament and the Government.
Art. 142 – The Economic and Social Council is the institutional framework that ensures the dialogue of the social partners and representatives of civil society organisations so that they must be consulted by the Government and Parliament in the issuance of legislative acts with an impact on the economic and social reality.
Art. 143 – The members of the CES must be consulted on the draft legislative acts in the specific fields, the opinions drafted and sent to the initiators (Parliament, Government, etc.) having a consultative character.
Art. 144 – The members of the CES carry out their institution-specific activity based on a mandate from the organisations that nominated them.
Art. 145 – According to the provisions of Law No. 248/2013, the members of the Plenary and the members of the specialised committees of the CES do not exercise a public function or dignity, but a quality. Following the validation, a service relationship is not established between the members of the Plenary and the CES, who represent the organisations that appointed them.
Art. 146 – The President of the CES is assimilated only in terms of the allowance to the position of minister, and the vice-presidents are assimilated only in terms of the allowance to the position of secretary of state.
Art. 147 – If it is found that the promotion of legislative acts that fall within the competence of the CES without obtaining the opinion of the CES is found, the CES Plenary shall empower the President to report this situation, as the case may be, to the President of the Senate, the President of the Chamber of Deputies or the Prime Minister, as well as to the initiator.
Art. 148 – ROF – CES may be proposed for amendment by the BEx, or by any of the members of the Plenary and shall be adopted by the Plenary.
DATE, 08.07.2026
CES PRESIDENT,
Economic and Social Council
STERICĂ FUDULEA
