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

CHAPTER I
General Provisions

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

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

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

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

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

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

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

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

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

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

CHAPTER II
Attributions

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

SECTION 1 
Elaboration of Analyses and Studies

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

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

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

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

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

SECTION 2
Issuance of Points of View and Recommendations

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

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

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

Art. 20 - (1) Following the analysis and debate of the received notification, the CES Plenary will decide on its admission or rejection.
(2) In the event that the notification is admitted, the Plenary will decide to establish a working group composed of 3 members, one member from each party represented in CES, the rapporteur, as well as the deadline for completion.
(3) By way of exception from paragraph (2), in the case of a notification coming from a member of the plenary, if the working group cannot be constituted, then the person who submitted the notification will have the quality of rapporteur.
(4) The activity of the working group will be coordinated by the rapporteur, who will submit for approval to its members the calendar, the order of issues to be debated, as well as the intermediate deadlines in order to respect the deadline. Decisions of the working group will be adopted by a simple majority vote of its members.
(5) The working group will aim to analyse the reported situation and issue a point of view and/or recommendations, in relation to the received notification. The points of view or recommendations may also consist of signalling the necessity of elaborating a new normative act by the Government or Parliament, which aims to regulate the economic-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 point of view and/or recommendations, the resulting document will be submitted to the Executive Bureau for approval and to the Plenary for approval.
(2) Following its analysis, the Executive Bureau may approve the final document in the form in which it was submitted, may propose modifications to it or may decide not to approve it, informing the Plenary about the reasons that led to this decision.
(3) The Plenary of the Economic and Social Council will decide on the approval in the presented form or any modifications to it.
(4) In the absence of consensus among the parties represented in the Economic and Social Council, the technical secretariat will transmit, as appropriate, the points of view or recommendations formulated by each party, in accordance with the provisions of Article 2 paragraph (4) of Law no. 248/2013, republished, with subsequent amendments and completions.
(5) In the event that the Plenary of the Economic and Social Council approves the final form of the point of view/recommendation, it will be made public through online communication means (website, social media pages) of the CES, and will also be communicated to the institution that requested the undertaking of the respective action. 

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

CHAPTER III
Specialty Areas

Art. 23 – The specialty areas of CES are:
a) economic policies;
b) financial and fiscal policies;
c) labour relations, social protection, salary policies, and equality of opportunities and treatment;
d) agriculture, rural development, environmental protection, and sustainable development;
e) consumer protection and fair competition;
f) cooperation, liberal professions, and independent activities;
g) civil rights and freedoms;
h) health policies;
i) policies in the field of education, youth, research, culture, and sports.

CHAPTER IV
Operation and Leadership

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

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

CHAPTER V
Constitution of the Plenary

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

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

CHAPTER VI
Attributions of the Plenary

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

CHAPTER VII
Operation of the Plenary

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

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

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

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

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

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

CHAPTER VIII
Members of the Plenary

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

Art. 37 – (1) Under the provisions of Article 13 paragraph (1) and paragraph (2), correlated with the provisions of Article 15 paragraph (3) and paragraph (4) of Law no. 248/2013, republished, with subsequent amendments and completions, the following persons may acquire the status of member of the Plenary of the Economic and Social Council:
a) are appointed/designated in writing by the representative employer and trade union confederations at the national level, respectively by the prime minister, at the proposal of the relevant ministry, for the associative structures of civil society; 
b) have full capacity to exercise;
c) have no criminal record;
d) have not engaged in political police activities.
(2) In order to be validated as members of the CES Plenary, the organizations that nominated/designated them are obliged to submit to the secretariat of the Economic and Social Council, for each nominated person, the file, accompanied by a list, with the following documents:
a) a copy of the court decision establishing the employer or trade union confederation, according to the provisions of Law no. 367/2022 regarding social dialogue and an excerpt from the special register at the Bucharest Tribunal;
b) a copy of the court decision certifying the status of representative trade union and employer confederation at the national level, according to the provisions of Article 12 of Law no. 248/2013, republished, with subsequent amendments and completions; 
c) a copy, certified by the president of the respective confederation, of the protocol concluded between the employer and trade union confederations regarding the distribution of the number of seats in the Plenary, as well as in the specialized committees, according to the provisions of Article 11 paragraphs (3), (3^1) and (4) of Law no. 248/2013, republished, with subsequent amendments and completions;
d) a decision of the prime minister for representatives of associations and foundations/a decision of the president of the trade union or employer confederation that nominated them;
e) a copy of the court decision establishing the association or foundation, according to the provisions of Emergency Ordinance no. 26/2000, with subsequent amendments and completions, or the special laws of establishment and an excerpt from the special register of associations and foundations;
f) a copy of the identity card;
g) a curriculum vitae;
h) a criminal record certificate;
i) a declaration on one´s own responsibility, according to criminal law, for the nominated persons who were born before January 1, 1976, stating whether or not they had the status of a worker of the Securitate or collaborator of it, drafted according to the model provided in the annex to the Government Emergency Ordinance no. 24/2008 regarding access to one´s own file and the declassification of the Securitate, approved with amendments and completions by Law no. 293/2008, with subsequent amendments and completions, as well as that they have not engaged in political police activities, according to Article 13 paragraph (1) letter d) of Law no. 248/2013;
j) proof of requesting the C.N.S.A.S. certificate, for nominated persons who were born before January 1, 1976 and do not hold this certificate.
(3) Validated members of the Economic and Social Council Plenary in the situation provided in paragraph (2) letter j), are obliged to submit the certificate from C.N.S.A.S. upon obtaining it.
Art. 38 – (1) The protocols, signed by the presidents of the employer and trade union confederations, regarding the distribution of the number of seats corresponding to each party and the files of the persons nominated by them, as well as the decision of the prime minister for the persons nominated from the civil society, together with their files, will be submitted to the Economic and Social Council at least 30 days before the expiration of the term provided in Article 15 of Law no. 248/2013, at the written request of the Secretary General. In the event of non-fulfilment of the protocol, the provisions of the law apply.
(2) The file registered with the Economic and Social Council will be distributed by the president to the Secretary General, who will submit it to the verification committee of the files. 
(3) The file verification committee is appointed by decision of the Secretary General and is composed of 3 members, namely one representative from the legal, approval, and economic directorates. 
(4) The committee provided in paragraph (3), within 3 working days from the receipt of the file, will ascertain and record in a minute the fulfilment of the legal conditions for validation as a member of the specialized committees, which it will submit to the Secretary General together with the file. 
(5) The Secretary General, as a result of the findings in the minute, will communicate in writing, individually, to each member the fulfilment of the conditions provided in Article 13 paragraph (1) and paragraph (2) of Law no. 248/2013, republished, with subsequent amendments and completions, in accordance with the provisions of Article 15 paragraph (3) of Law no. 248/2013, republished, with subsequent amendments and completions. 
(6) In the event of non-fulfilment of the conditions provided in Article 13 paragraphs (1) and (2) of Law no. 248/2013, republished, with subsequent amendments and completions, the Secretary General will communicate in writing to the organization or institution (as the case may be) that nominated/designed him to make another nomination/designation, according to the provisions of Article 15 paragraph (4) of Law no. 248/2013, republished, with subsequent amendments and completions.
(7) In the event that, during the mandate, it is found that the conditions provided in Article 13 paragraph (1) letters a), c) and d) and paragraph (2) of Law no. 248/2013 are not fulfilled, the Secretary General has the obligation to communicate in writing to the organization or institution, as the case may be, that nominated/designed him to make another proposal and inform the president, the Executive Bureau, and the Plenary in order to suspend the payment of the allowance, as well as, if applicable, to notify the prosecuting authorities for forgery and use of false statements.

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

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

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

CHAPTER IX
Executive Bureau

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

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

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

Art. 45 – The Executive Bureau has the following attributions:
(1) Leads the activity of CES between the meetings of the Plenary, exclusively during the duration of its mandate, coordinating the activity of specialized committees, the SG, and the ST, ensuring the implementation of the decisions of the Plenary.
(2) Conducts the annual evaluation, or whenever necessary, regarding the activity of the Secretary General. Following the evaluation, BEx may propose to the Plenary the sanctioning and/or replacement of the Secretary General.
(3) Is responsible for ensuring the necessary conditions for the implementation of the decisions of the Plenary and for complying with the legal deadlines for issuing CES opinions.
(4) Proposes to the Plenary the establishment of new temporary specialized committees.
(5) Takes note of the annual election of the presidents of the permanent specialized committees, respecting the rules regarding the distribution among the parties of their presidency.
(6) Evaluates semi-annually the activity of the specialized committees and presents the conclusions of the analysis in the CES Plenary.
(7) Establishes the list of experts that can be used temporarily, by areas of activity.
(8) Proposes to the Plenary for approval the level of allowances for the work of temporary experts, within the approved budget.
(9) Approves the agenda of the current meeting and the minutes of the previous meeting.
(10) Approves the agenda of the Plenary meeting proposed by the president.
(11) Evaluates the materials prepared by the specialized committees - analyses, information - and decides to submit them for deliberation to the CES Plenary.
(12) Decides to convene the CES Plenary in extraordinary meetings.
(13) Decides on the nature of the Plenary meetings - closed or open - depending on the confidential or public nature of the information received from the project-promoting institutions regarding normative acts.

CHAPTER X
President and Vice-Presidents of CES

SECTION 1
President

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

Art. 47 – The president of the Economic and Social Council is elected, at the proposal of the parties, by the vote of the Plenary, from among its members, with a three-quarters majority of the total number of members of the Economic and Social Council, in compliance with the provisions of Article 23 paragraph (1) of Law no. 248/2013, republished, with subsequent amendments and completions.

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

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

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

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

SECTION 2 
Vice-Presidents

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

CHAPTER XI
Specialized Committees

SECTION 1
Constitution of Specialized Committees

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

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

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

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

Art. 56 – (1) Persons who cumulatively meet the following conditions may acquire the status of member of the specialized committees:
a) are appointed/designated in writing by the representative employer confederations at the national level, by the representative trade union confederations at the national level, respectively by the associations and non-governmental foundations whose representatives are appointed in the Plenary of the Economic and Social Council by decision of the prime minister;
b) have full capacity to exercise;
c) have no criminal record;
d) have not engaged in political police activities.
(2) In order to validate the members appointed/designated according to the provisions of paragraph (1), the organizations will submit to CES the file, accompanied by a list, containing the following documents:
a) the decision of the president of the trade union confederation, the employer confederation, respectively of the associations and non-governmental foundations whose representatives are appointed in the Plenary of the Economic and Social Council by decision of the prime minister, for appointment/designation;
b) a copy of the protocol of each party regarding the distribution of the number of seats in the specialized committees;
c) a copy of the identity card;
d) a curriculum vitae;
e) a criminal record certificate;
f) a declaration on one´s own responsibility, according to criminal law, for the nominated persons who were born before January 1, 1976, stating whether or not they had the status of a worker of the Securitate or collaborator of it, drafted according to the model provided in the annex to the Government Emergency Ordinance no. 24/2008 regarding access to one´s own file and the declassification of the Securitate, approved with amendments and completions by Law no. 293/2008, with subsequent amendments and completions, as well as that they have not engaged in political police activities, according to Article 13 paragraph (1) letter d) of Law no. 248/2013;
g) proof of requesting the C.N.S.A.S. certificate, for nominated persons who were born before January 1, 1976 and do not hold this certificate.
(3) Validated members of the specialized committees in the situation provided in paragraph (2) letter g), are obliged to submit the certificate from C.N.S.A.S. upon obtaining it. 
(4) In the event that the C.N.S.A.S. certificate proves the violation of the conditions provided in Article 13 of Law no. 248/2013, the Secretary General has the obligation to initiate the revocation procedure, suspend the payment of the allowance and notify the prosecuting authorities for forgery and use of false statements.

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

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

SECTION 2
Activity of the Specialized Committees

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

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

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

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

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

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

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

CHAPTER XII
Technical Secretariat

SECTION 1
Attributions of the Technical Secretariat

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Art. 80 – The president of CES, together with the Executive Bureau, regarding the themes 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 specialized staff for the support of the materials included on the agenda.

SECTION 2
Appointment and Attributions of the Secretary General

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

Art. 82 – The Secretary General leads the Technical Secretariat of the Economic and Social Council.

Art. 83 – The position of Secretary General is incompatible with the status of member of the Plenary of the Economic and Social Council.

Art. 84 – The president of CES initiates 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 one candidacy proposal along with the candidate´s registration file.

Art. 86 – The candidacy proposals along with the registration files will be registered at the registry of the Economic and Social Council.

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

Art. 82 – The Secretary-General leads the Technical Secretariat of the Economic and Social Council.

Art. 83 – The position of Secretary-General is incompatible with the status of a member of the Plenary of the Economic and Social Council.

Art. 84 – The President of the CES initiates the procedure for appointing the Secretary-General of the Economic and Social Council within a maximum of 5 days from the date of their election, requesting the parties represented in the CES Plenary to submit nomination proposals within a maximum of 10 working days.

Art. 85 – Each party represented in the CES Plenary may submit to the Economic and Social Council one nomination proposal along with the candidate´s registration file.

Art. 86 – The nomination proposals along 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 Secretary-General of the CES:
a) They are proposed in writing by the vice-president of the party represented in the CES Plenary;
b) They hold a long-term higher education degree with a bachelor´s diploma;
c) They have a minimum of 10 years of experience in the field of studies necessary for performing the function;
d) They know the Romanian language;
e) They are medically fit to perform the function;
f) They have a minimum of 3 years of managerial experience;
g) They know at least one foreign language of international circulation.

Art. 88 – The candidate registration file shall include the following documents:
a) The proposal submitted by one of the parties represented in the CES Plenary;
b) Curriculum vitae, in the common European format; 
c) Copy of the identity document;
d) Copy of the university diploma;
e) Copy of the work record book or, as the case may be, the certificate issued by the employer for the worked period, attesting to the work experience and the field of studies necessary for occupying the position;
f) A certificate attesting to the appropriate health status, issued no more than 6 months prior by the family doctor;
g) Criminal record, in original;
h) A declaration on their own responsibility or a certificate attesting to the quality or lack of quality as a worker or collaborator of the Securitate.

Art. 89 – The documents provided in art. 88 letters c), d) and e) shall be legalized or certified for conformity with the original by the organization that submits the nomination proposal.

Art. 90 – The President of the CES shall allocate the candidacy files to the DJRUS, which, within 3 working days from receiving the files, shall ascertain and record in writing the fulfilment/non-fulfilment of the legal conditions for appointment to the position of Secretary-General of the CES.

Art. 91 – In case of non-fulfilment of the conditions provided in art. 87 and art. 88, the incomplete file/files along with a forwarding letter shall be sent to the organization that made the proposal. If none of the files meet the conditions set forth in this procedure, it shall be resumed.

Art. 92 – The candidacy files that meet the legal conditions shall be forwarded by the President of the CES to the Executive Bureau for approval in the first meeting.

Art. 93 – The Executive Bureau shall analyse, approve, and forward to the CES Plenary the files that meet the conditions set forth in this regulation.

Art. 94 – The Secretary-General shall be appointed by a Resolution of the CES Plenary adopted by a 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 receives 3/4 of the 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 in paragraph (1) shall be repeated within the same Plenary meeting until the Secretary-General is elected.

Art. 96 – Following the adoption by the CES Plenary of the Resolution for the appointment of the Secretary-General, the Legal, Human Resources and Salary Directorate shall draft the mandate contract under which they will carry out their activity starting from the date of termination of the previous Secretary-General´s mandate.

Art. 97 – The mandate contract under which the Secretary-General of the Economic and Social Council will carry out their activity shall be concluded for a duration not exceeding 90 calendar days from the establishment of the new plenary.

Art. 98 – (1) In case of non-fulfilment or improper fulfilment of the duties provided 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 revoking the Secretary-General is initiated by the President of the CES at the request of the Executive Bureau, at the request of at least one third of the number of members of the CES Plenary, or at the proposal of the President of the CES.

Art. 99 – The Secretary-General exercises any other duties that pertain to the position according to the legislation, the Regulation on the organization and functioning of the CES, the internal regulations, the resolutions of the Plenary and the Executive Bureau, and the decisions of the president.

Art. 100 – The Secretary-General and the directors of the specialized directorates implement the resolutions of the Plenary, the Executive Bureau, the decisions of the President of the Economic and Social Council, including the tasks assigned by the president.

Art. 101 – The Secretary-General and the directors of the specialized directorates draft the project of the Internal Regulation (IR) of the technical secretariat and present it for approval to the Executive Bureau.

Art. 102 – The Secretary-General and the directors of the specialized directorates draft the project of the Organizational Chart and the job classification and present it for approval to the Executive Bureau.

Art. 103 – The Secretary-General and the directors of the specialized directorates draft the annual professional training plan and present it for approval to the Executive Bureau in the first quarter of each year.

Art. 104 – The Secretary-General and the directors of the specialized directorates prepare annually, or whenever necessary, the plan for acquisitions, equipment, and investments and present it for approval to the specialized departments, subsequently presenting it to the president for approval.

Art. 105 – The Secretary-General and the directors of the specialized directorates carry out the resolutions of the Plenary, the Executive Bureau, the decisions of the president, including those established by control bodies, the Court of Accounts, internal control, and other specialized bodies authorized by law, which impose measures through control acts.

Art. 106 – The Secretary-General and the directors of the specialized directorates periodically analyse the activity of each position to ensure it is covered with work for a full norm of 8 hours daily.

Art. 107 – The Secretary-General and the directors of the specialized directorates approve the legality and conformity of the data, documents presented for approval to the president of the Economic and Social Council.

Art. 108 – The Secretary-General and the directors of the specialized directorates make proposals which they present to the president for approval for the nomination by decision of the persons responsible for ensuring the technical conditions for conducting meetings, recording them, drafting the minutes of the meetings of the Plenary, the Executive Bureau, the specialized committees, and other actions taking place within the CES, as well as the formalities regarding the presence of members at the meetings of the Plenary, the Executive Bureau, and the specialized committees within the CES.

Art. 109 – The Secretary-General and the directors of the specialized directorates draft and verify the legality and conformity of contracts to be concluded by the CES with other natural and legal persons, sign them for legality and conformity, and present them for approval to the president, who also acts as the credit ordainer.

Art. 110 – The Secretary-General is responsible for ensuring that specialized firms carry out the legal checks by ISCIR within the legal deadlines.

Art. 111 – The Secretary-General, the directors of the specialized directorates, and the person with responsibilities in the field are accountable for the related activities regarding health and safety at work and the fire safety plan.

Art. 112 – The Secretary-General and the directors of the specialized directorates have the following obligations:
a) they are responsible for the maintenance of spaces, construction, and operation of installations and equipment, water and electricity supply, heating, sewage, and keeping them within the technical operating parameters;
b) they are responsible for ensuring the security of the facility (the CES headquarters where they carry out their activity);
c) they are responsible for the operation and maintenance of signaling installations, extinguishers, hydrants, etc., necessary for interventions in case of fire according to the fire protection plan;
d) they draft the evacuation plan in case of fire and are responsible for organizing and training the staff within the CES;
e) they are responsible for the maintenance of grounding installations and lightning rods in the equipment;
f) they are responsible for the maintenance and operation of the transport means in the equipment;
g) they are responsible for the maintenance and operation of equipment, furniture, machinery, inventory objects, and fixed assets in the equipment.

Art. 113 – The Secretary-General and the directors of the specialized directorates draft the job description, establish performance and evaluation criteria for each employee, and present them for approval to the president.

Art. 114 – The Secretary-General and the directors of the specialized directorates will conduct the annual evaluation of employees based on performance criteria, make proposals for improving activity and increasing performance, which they will present to the president to take the necessary measures.

Art. 115 – The Secretary-General and the directors of the specialized directorates will ensure the necessary conditions for the proper conduct of the meetings of the Plenary, the Executive Bureau, and the specialized committees. If difficulties arise in fulfilling the aforementioned duties, they will inform the president to take the necessary measures to resolve the situation.

Art. 116 – The Secretary-General and the directors of the specialized directorates are obliged, each year, to archive the documents of the previous year, for each directorate and service, by the end of the first quarter, in accordance with legal provisions.

Art. 117 – The Secretary-General and the directors of the specialized directorates make proposals which they present 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 chronological order for each document.

Art. 118 – The Secretary-General receives, upon signature, the daily correspondence registered in the General Register and presents it for distribution to the president of the Economic and Social Council. In accordance with the specified details and deadlines, they register the documents in their correspondence registers for each directorate, establish how to fulfil the tasks for each work/document, and distribute them based on signature to the competent directorate or service.

Art. 119 – The Secretary-General and the directors of the specialized directorates make proposals to the president for the nomination by decision of the person who will chronologically register in the department or service register the documents distributed by the Secretary-General or directly by the president, subsequently handing them over upon signature to the person responsible for the work/document.

Art. 120 – (1) The works/documents produced by the specialized directorates and services shall be presented to the Secretary-General for approval and forwarded to the president for approval. 
(2) The works/documents approved by the president shall be transmitted internally to the relevant directorates and services as well as to institutions, legal entities, or individuals outside the CES, being registered in the document exit register.

Art. 121 – The Secretary-General and the directors of the specialized directorates, within 24 hours of the end of the Plenary meeting, are obliged to draft, present to the president for approval, display on the CES website, and send to the media the press release regarding the activity of the Plenary, the opinions, and the 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 documents approved by the president onto the site.

Art. 123 – The Secretary-General and the directors of the specialized directorates are obliged to approve monthly the collective attendance sheet prepared by the human resources service, based on the attendance register and supporting documents, and send it to the specialized directorate.

Art. 124 – The Secretary-General and the directors of the specialized directorates are responsible for the legality of the tenders organized for hiring services and contracts necessary for the Economic and Social Council.

Art. 125 – The Secretary-General and the directors of the specialized directorates are obliged to prepare and present for approval to the president, at the end of the year, the planning of annual leave for the following year.

Art. 126 – The Secretary-General and the directors of the specialized directorates are obliged to draft and present for approval to the president of the CES, the procedure regarding the registration and transmission to and from the CES of documents sent in electronic format.

Art. 127 – The Secretary-General and the directors of the specialized directorates are responsible for regulating access for foreign persons to the institution´s premises.

Art. 128 – The Secretary-General and the directors of the specialized directorates are obliged to draft the Regulation on the organization and functioning of the Disciplinary and Internal Ethics Committee, which they will present to the president for approval.

Art. 129 – The Secretary-General and the directors of the specialized directorates are responsible for the timely submission of asset declarations and conflict of interest declarations by subordinate staff and members of the CES Plenary.

Art. 130 – The Secretary-General and the directors of the specialized directorates are responsible for the inventory of fixed assets and inventory objects belonging to the Economic and Social Council at the end of each year.

Art. 131 – The Secretary-General and the directors of the specialized directorates are responsible for applying the legislation and internal norms regarding the disposal of inventory objects and fixed assets (valuation or destruction of disposed goods), according to the list approved by the president.

Art. 132 – The Secretary-General is obliged to ensure the publication on the institution´s website of all documents provided by the current legislation regarding free access to public interest information, as well as the information decided by the governing bodies of the CES.

Art. 133 – During the period when the Secretary-General is unavailable (annual leave, temporary incapacity for work, etc.), the president will issue a decision to replace them with one of the department directors.

SECTION 3
Specific Duties of the General Directorate for Approval

Art. 134 – (1) The General Directorate for Approval is the department that provides specialized expertise to CES structures in the field of approval activities, drafting studies, analyses, and preparing meetings.
(2) The DGA has, in principle, the following duties:
a) provides consultancy/specialized assistance to CES structures regarding the approval activity;
b) distributes the draft normative acts sent to CES for approval to the specialized committees, depending on their area of competence;
c) electronically transmits to the members of the specialized committees/Plenary the invitation containing the agenda and related materials;
d) ensures the meeting folder with the relevant materials at least 24 hours before the meeting time;
e) prepares the attendance sheet which is submitted to the members of the specialized committees/Plenary present in the room for signing, ensuring that they, as well as the guests, sign it;
f) ensures the counting of votes of the members which is communicated to the chair of the meeting;
g) ensures the preparation of the meeting room, the proper functioning of all equipment, as well as the audio recording of the meeting;
h) prepares the minutes of the meetings of the specialized committees/Plenary as soon as possible;
i) ensures the drafting of studies and syntheses regarding economic and social phenomena at the request of initiating institutions and bodies;
j) prepares synthesis materials following proposals made by CES members;
k) drafts information notes, comparative tables, as well as other materials regarding the analyzed draft normative acts;
l) ensures the drafting and writing of the draft opinions prepared by the specialized committees, as well as the drafting of the opinions approved by the Plenary, which are presented for signature to the president; 
m) ensures the proper conduct of meetings of the specialized committees, the Executive Bureau, and the CES Plenary, and in case of difficulties, immediately informs the Secretary-General/president to take the necessary measures to resolve the situation;
n) contributes to the drafting of the CES annual activity report;
o) participates in the meetings of the CES Plenary and the Executive Bureau at the request of the CES president;
p) prepares a semi-annual report regarding the activity of the General Directorate for Approval, analyzing the encountered problems and proposing improvements;
q) ensures the drafting of proposals for modifying internal procedures under the competence of the General Directorate for Approval and presents them for information to the Secretary-General and for approval to the president;
r) participates in the drafting of the project of the Regulation on the organization and functioning (ROF) of the CES, as well as in proposals for modifying it, 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 CES activity in the economic-financial field, ensuring the preparation and approval of technical-economic documentation and the funds necessary for the proper conduct of the institution´s activity.
(2) The DBFC has, in principle, the following duties: 
a) structures the documentation received from other directorates and drafts the budget project in accordance with the budget classification established by the Ministry of Public Finance;
b) drafts the documentation for substantiation, necessary for the transfer of budgetary credits and budget rectification;
c) distributes quarterly the approved budget, the updated budget according to transfers and budget rectifications;
d) updates the budget during transfers, budget credit rectifications, with the influences that occurred, respectively the modifications of credits from one title to another, from one expenditure article/line to another;
e) drafts the cash register in lei and in foreign currency;
f) analyzes and approves the procurement reports for goods and services in accordance with legal and budgetary commitments;
g) ensures and approves the execution of all cash and foreign currency payments;
h) analyzes and approves proposals regarding the disposal of fixed assets and inventory objects;
i) prepares and submits documentation for opening budgetary credits, as well as for opening investment financing;
j) ensures the drafting of payment documents for materials, capital, other transfers to the Treasury, for other transfers (contributions) to BCR (external currency payment order, bidding 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 granted visas in the CFPP register;
m) ensures the operation in the application provided by the MFP “BUDGET” on the portal https://extranet.fiscnet.ro;
n) ensures the record of fixed assets at the unit level, operating in the SIMEC program, any movement of these (disposals, transfers);
o) drafts the situation of fixed asset entries;
p) ensures the drafting of the minutes for the decommissioning of fixed assets, for the declassification of certain material goods (inventory objects), for their handover to specialized units for destruction;
q) organizes the inventory of the CES heritage in accordance with the legislation in force;
r) ensures budget execution and monitors the application of the norms for closing the budgetary exercise established annually by the Ministry of Public Finance;
s) ensures the processing of documents from an accounting perspective using the chart of accounts for public institutions;
t) ensures the synthetic and analytical record of the accounts in the trial balance, verifying the balances;
u) drafts the budget credit files opened in account 8062;
v) operates in the accounting program the data recorded 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) drafts the investment lists;
x) ensures the registration in the accounting program of the cash register, depreciation of fixed assets, material consumption, inventory objects, and expenses recorded in advance;
y) ensures the verification and approval of travel orders, expense reports, and payment/collection orders to the cashier and ensures their registration in the accounting program;
z) establishes monthly the necessary availability for expenses with salaries and allowances of the members of the Plenary and members of the CES specialized committees;
aa) drafts the programming for budget openings on a ten-day basis based on the necessary availability and sends it to the Ministry of Public Finance;
bb) ensures the registration in the accounting program of the assets, receivables and debts, cash payments and actual expenses on subdivisions of the budget classification, as well as all documents based on which payments were made from the budget;
cc) operates in the materials program the entries, drafting NIRs and exits based on the consumption slips of each Directorate in a single management;
dd) keeps the record of inventory objects by registering any movement of these, drafting balances on inventory object management, disposals, transfers;
ee) drafts the trial balance as well as the mandatory accounting registers;
ff) drafts quarterly and annually the financial statements, which are electronically transmitted to the MFP and submits all documents on time;
gg) continuously monitors the alignment of expenses within the budget allocations;
hh) drafts monthly, quarterly, and annual reports regarding the structure of the salary fund used (monitoring personnel expenses, informative declaration regarding the salary fund, etc.);
ii) drafts the monthly balance sheet, entering it into the software program and transmits it to the MFP in writing and electronically;
jj) reports monthly the monitoring of capital expenditures and transmits it to the MFP in writing and electronically;
kk) drafts the public entity file, the initial individual budgets, modified by credit transfers and rectified;
ll) proposes for approval the payment commitments and the ordering of payments, under the law, within the limits of the credits approved by the budget;
mm) ensures the drafting and monthly verification of the payroll for salaries, other rights assimilated to salaries, medical leave, allowances of the members of the Plenary and specialized committees; 
nn) ensures the drafting and submission/transmission of declaration 112, as well as the preparation of form 57;
oo) ensures the drafting of documentation for amounts to be collected from CASMB;
pp) periodically presents to the Executive Bureau and the president of the CES reports regarding the activities carried out and requests their approval for the conduct of these activities;
qq) drafts semi-annually a report regarding the activity of the Directorate, analyzes the problems encountered and drafts proposals for improving the activity, which they present to the Secretary-General and the president;
rr) drafts internal procedures under the competence of the Budget – Finance, Accounting Directorate;
ss) ensures the verification of payment orders related to personnel expenses, goods and services, other transfers, capital;
tt) approves, from the perspective of budget compliance, the documents that involve economic-financial activity;
uu) takes the necessary steps to recover receivables based on the documentation prepared and presents them to the president to take the necessary measures;
vv) informs in writing the SG and the president of the CES when they find violations of the legislation, the IR, ROF, and/or the duties from 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 implemented internationally, the image strategy of the CES, as well as access to public interest information of the institution.
(2) The DRIRP has, in principle, the following duties: 
a) organizes the timely implementation of activities and tasks established by the CES leadership;
b) ensures the application of the resolutions of the Plenary, the Executive Bureau, and the decisions of the president regarding the CES strategy internationally, in collaboration with other directorates and offices;
c) ensures permanent communication with similar institutions and organizations, international bodies, and institutions;
d) documents regarding institutions with a similar profile to the CES internationally (drafts the database regarding similar CES institutions internationally, embassies, other international institutions);
e) collaborates in drafting any databases regarding CES and institutions with a similar profile internationally;
f) applies the resolutions of the Plenary, Executive Bureau, and the decisions of the president regarding the CES strategy internationally, in collaboration with other directorates and offices;
g) collaborates in the implementation of technical assistance programs, in organizing visits of foreign delegations to the CES headquarters, seminars, conferences, and other events of an international nature, as well as national, if applicable, taking place at the CES headquarters (materials, translation into French/English/Romanian, etc.);
h) ensures the organization of international events hosted by the CES or the CES´s participation in international meetings organized by partner institutions;
i) ensures, if necessary, translation and interpretation into/from Romanian, French, and English at various internal and international meetings attended by the president and other accompanying persons;
j) ensures the necessary documentation for drafting orders or decisions for travel abroad, in the interest of service, for the president, members of the CES Plenary, or employees of the Technical Secretariat;
k) organizes the effective, safe travel of delegations representing CES Romania abroad and the proper representation of the institution internationally;
l) coordinates the organization and management of the CES archive;
m) periodically provides the president with documents received in the field of International Relations and, if necessary, prepares the documentation to be presented to the Executive Bureau/CES Plenary.
n) drafts proposals for the nomination by decision of the employee who will register all correspondence in the unique 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 public interest information by applying the provisions of the current legislation;
q) monitors the media appearances of CES members and the institutions they represent and presents the monitoring results in the CES Plenary meetings;
r) applies the image strategy of the CES, in collaboration with other departments of the Technical Secretariat;
s) organizes press conferences of the CES (drafts press kits and press releases of the CES);
t) drafts and disseminates presentation materials of the institution;
u) provides media representatives with any public interest information regarding the institution´s activity, in accordance with the provisions of the current legislation;
v) ensures the drafting and writing of any document regarding the international activity of the CES that is to be posted on the website or disseminated in the press, in collaboration with the media relations service;
w) ensures the drafting of correspondence on an international level in French and English;
x) drafts a semi-annual report regarding the activity of the International Relations and Public Relations Directorate, which includes an analysis of the problems encountered and advances proposals for improving the activity, which they present to the Secretary-General and for approval to the president;
y) drafts the annual report regarding the international relations activity of the institution;
z) drafts the annual report regarding access to public interest information;
aa) drafts and proposes policies, procedures, and working tools necessary for improving the CES´s relationship with similar institutions and organizations, international bodies, and proposes them for approval to the Secretary-General and the president;
bb) drafts and proposes measures for improving procedures and working tools;
cc) ensures participation in the meetings of the CES Plenary and the Executive Bureau, at the request of the CES president;
dd) conceives and coordinates proposals for modifying internal procedures that fall within the competence of the International Relations and Public Relations Directorate;
ee) ensures participation in the drafting of the project of the Regulation on the organization and functioning (ROF) of the CES, as well as in proposals for modifying it, at the request of the Secretary-General/president of the CES;
ff) ensures compliance with the procedures and working instructions in force adopted by the institution;
gg) ensures permanent communication 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 Salary Directorate

Art. 137 – (1) The Legal, Human Resources, and Salary Directorate is the department that provides specialized expertise in the legal field, human resource management, and salary within the Technical Secretariat – CES.
(2) The DJRUS has, in principle, the following duties:
a) provides legal consultancy to CES members, as well as to departments within the CES, at their request;
b) drafts and writes decisions, resolutions, and other specialized works assigned to the directorate by the CES leadership;
c) grants legality approval on documents issued by the CES leadership as well as contracts concluded by the CES with third parties;
d) participates in the meetings of the CES specialized committees and provides legal consultancy regarding the proposed draft normative acts for approval and drafts, in collaboration with the DGA, the opinions issued by the specialized 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 persons proposed by representative trade union/employer confederations at the national level and by associative structures of civil society, assigned by the president through correspondence, and ensures the drafting of written notes to the Executive Bureau for their validation as members in the CES specialized committees;
g) verifies the candidacy files of persons proposed by representative trade union/employer confederations at the national level, as well as by associative structures of civil society for their appointment as judicial assistants assigned by the president through correspondence and ensures the drafting of notes for the approval of candidacies by the Executive Bureau/CES Plenary;
h) receives correspondence regarding judicial assistants assigned by the president and keeps a record of their candidacy files;
i) drafts and writes the draft resolutions to be adopted by the CES Plenary, as well as the resolutions adopted in the Plenary meetings and keeps a record of them;
j) ensures representation before the courts and formulates actions, responses, written conclusions, in the interest of the CES to resolve in court the litigations in which the CES is a party, at the request of the president of the CES;
k) represents the interests of the CES before the courts, based on the delegation received from the president of the CES;
l) informs CES structures about legislative changes of importance to the CES;
m) keeps a record of normative acts in the fields of competence of the CES published in the Official Gazette;
n) takes actions to recover receivables based on documentation initiated by the functional services of the CES, at the request of the institution´s management;
o) collaborates with specialized services to draft studies and analyses in the fields of competence of the CES;
p) participates in drafting the project of the Regulation on the organization and functioning (ROF) of the CES, as well as in proposals for modifying it, at the request of the Secretary-General/president of the CES;
q) participates in drafting and modifying the project of the Internal Regulation (IR) of the Technical Secretariat (ST) of the CES, at the request of the Secretary-General/president of the CES;
r) formulates proposals for modifying and initiating normative acts of interest to the Economic and Social Council, at the request of the Secretary-General/president of the CES;
s) drafts decisions at the request of the President and keeps a record of them;
t) participates in seminars, meetings, and other events initiated by the CES, where issues related to labor legislation are debated, based on the delegation received from the Secretary-General/president of the CES;
u) proposes human resources policies and programs;
v) drafts the annual professional development plan for the Technical Secretariat staff;
w) drafts and periodically updates the Job Classification and Staff List for the Technical Secretariat of the CES and presents them for approval to the Secretary-General and for approval to the president;
x) initiates and monitors the process of evaluating the professional performance of the Technical Secretariat staff;
y) drafts, monthly, the collective attendance sheet for CES staff;
z) initiates and coordinates the conduct of competitions and exams for filling vacant positions and verifies compliance with applicable legislation, at the request of the president;
aa) conceives and coordinates proposals for modifying internal procedures under the competence of the Legal, Human Resources, and Salary Directorate;
bb) collaborates with other directorates to optimize their job structures (e.g., job transformations, job exchanges, etc.);
cc) monitors the correct completion by employees of the fields in the attendance register (arrival time, departure time, noting delays, absences, overtime, and presents the register daily for the visa of the Secretary-General or the person designated by them;
dd) keeps a record of overtime worked/recovered/paid, of annual leave taken, of temporary incapacity for work leave, of unpaid leave, of unexcused absences, as applicable;
ee) drafts the centralizing situation of the annual programming of approved annual leave for the current year;
ff) ensures the management of job descriptions for all institution employees and updates them according to changes in the execution of the individual employment contract;
gg) drafts and monitors the implementation of the Annual Professional Development/Training Plan for the contractual staff of the Technical Secretariat of the CES;
hh) makes proposals for the annual budget of the institution;
ii) conceives and drafts proposals for modifying internal procedures under the competence of the Human Resources Salary Service;
jj) drafts monthly and submits to ANAF the declaration regarding Form M500 according to Order MMFPSPN no. 2263/08.12.2016;
kk) maintains contact with the occupational health doctor and verifies the record of services in the field;
ll) drafts and manages the documentation provided by the regulations in force regarding salaries and other rights due to employees of the ST – CES;
mm) drafts employment decisions, confirmations, and promotions, as well as those for modification, suspension, and termination of the individual employment contract;
nn) registers the necessary measures in REVISAL;
oo) drafts the individual employment contract and its annexes;
pp) drafts and issues any document that certifies the quality of employee, the financial rights due, the leave granted, etc.;
qq) ensures the database regarding the number of staff, the structure of staff by positions and professional grades as well as the salary funds related, the amount of allowances, bonuses, etc.;
rr) upon hiring staff within the CES, BRUS establishes the basic salary based on professional training (secondary or higher education), the type of position they will hold (executive or managerial) and the seniority brackets;
ss) establishes the monthly attendance;
tt) based on seniority, at the dates when the seniority brackets change, BRUS establishes the basic salary applying the coefficients of the corresponding seniority bracket;
uu) upon promotion from a lower position to a higher position, BRUS establishes 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 allowance for harmful and dangerous conditions (15%) on the basic salary;
xx) calculates (establishes) the annual salary fund and at rectification;
yy) drafts the situation for the MFP regarding the establishment of the maximum number of positions and the corresponding salary fund;
zz) drafts the situation for the MFP regarding the detailing by positions of the maximum number of positions approved in financing (annually);
aaa) establishes the amount of the allowance granted to the president, vice-presidents, and members of the CES Plenary;
bbb) completes the Declaration L153;
ccc) drafts the record of annual leave days, unpaid leave, 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 administrative activity, as well as the material conditions necessary for the proper conduct of the institution´s activity.
(2) The DAPA has, in principle, the following duties:
a) organizes and controls the timely implementation of coordinated activities and tasks established by the CES leadership;
b) organizes scheduled tenders for hiring services and procurement contracts necessary for the proper conduct of the institution´s activity;
c) ensures the request for offers and their analysis, awarding, concluding, as well as monitoring the execution of public procurement contracts;
d) proposes draft service contracts, based on necessity reports and received offers and collaborates with the Legal, Human Resources, and Salary Directorate and the Budget – Finance, Accounting Directorate in their drafting;
e) drafts project specifications when the procurement procedure requires it;
f) prepares annually, together with the DBFC, the Annual Procurement Plan;
g) drafts policies, procedures, and working tools necessary for managing procurement activities at the institutional level;
h) drafts measures to improve procedures and working tools in order to reduce costs;
i) approves the procurement of goods, services, and works, in order to ensure the institution´s activity;
j) keeps a record of documents regarding the vehicles in the institution´s equipment (BCFs, FAZs, travel sheets) and monitors the monthly standard consumption of petrol and diesel;
k) is responsible for the disposal of fixed assets and inventory objects with all related actions (dismantling, valorization, etc.);
l) is responsible for renewing the mandatory insurance contract by the effect of civil liability law and optional CASCO for the vehicles in the institution´s equipment;
m) ensures the protocol materials for the persons responsible for organizing the meetings of the Plenary, the Executive Bureau, as well as the specialized committees;
n) ensures the collection and storage of paper waste remaining after meetings until its recycling;
o) ensures the management and storage of waste;
p) ensures the materials necessary for sanitary facilities;
q) publishes in SEAP all documents necessary for initiating public procurement procedures;
r) drafts and periodically presents to the Executive Bureau/CES Plenary reports regarding the activities carried out and requests their approval for the conduct of these activities;
s) drafts and coordinates proposals for modifying internal procedures under the competence of the Public Procurement Directorate;
t) participates in drafting the project of the Regulation on the organization and functioning (ROF) of the CES, as well as in proposals for modifying it, at the request of the Secretary-General/president of the CES.

SECTION 8
Specific Duties of the Internal Public Audit Office

Art. 139 – (1) The Internal Public Audit Office within the Economic and Social Council is organized and operates in accordance with the provisions of Law no. 672/2002 regarding internal public audit, republished, and H.G. no. 1086/2013 approving the general norms regarding the exercise of internal public audit activity in public institutions, with subsequent amendments and completions.
(2) The Internal Public Audit Office has, in principle, the following duties:
a) drafts the multiannual internal public audit plan, usually for a period of 3 years, and based on it, the annual internal public audit plan and submits it for approval to the president;
b) updates the annual internal public audit plan, depending on changes occurring during the year and submits it for approval to the CES president;
c) monitors the status of implementation of recommendations made in 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 internal audit department and sends it to the person responsible for the Risk Register at the CES level;
f) conducts internal public audit activities at all CES departments to evaluate whether the financial management and control systems of the CES are transparent and comply with the norms of legality, regularity, economy, efficiency, and effectiveness;
g) in case of identifying irregularities or possible damages, immediately reports to the CES president and the authorized internal control structure;
h) periodically reports on findings, conclusions, and recommendations resulting from its audit activities;
i) drafts the annual report of the internal public audit activity, which includes problems solved during the mission, problems presented to the CES president, problems that remain to be solved;
j) updates the annual internal public audit plan, depending on legislative and organizational changes and submits it for approval to the CES president;
k) supports the Monitoring Committee of the internal/managerial control system through advisory activities regarding the implementation of the internal/managerial control system;
l) conducts advisory internal audit missions at the request of CES departments;
m) when identifying violations of legislation, the IR, ROF, or duties from the job description, has the obligation to inform, in writing, the Director of the Directorate, the Secretary-General, and the CES president and to formulate proposals for remedying the created situation;
n) formulates written proposals to the CES president for ensuring a high-performance management regarding the activity of the CES, the Plenary, the specialized committees, and the Technical Secretariat, within the limits of specific legislation and internal norms governing the CES activity;
o) during audits, has the obligation to respect the established thematic, legality, and if other irregularities are found outside those provided in the audit thematic, has the obligation to make written notes to the president at the moment of identification;
p) if the president orders thematic audits following the Resolutions of the Plenary/BEx, has the obligation to modify the annual audit plan and include in the emergency procedure the ordered audits, to avoid violating the legislation.

SECTION 9
Specific Duties of the IT Office

Art. 140 – The IT Office has, in principle, the following duties:
a) proposes solutions to the CES management for the rational and efficient use of the institution´s computing resources;
b) establishes opportunities for expanding and modernizing computing technology within the CES and participates in all stages of the procurement process for computing technology as well as specific consumables;
c) ensures the proper functioning of computers, printers, servers, and other IT equipment within the CES (virus removals, resolving various software/hardware issues, replacing components);
d) installs/configures software packages, installs/configures peripherals, and resolves any technical incidents;
e) ensures the installation of new network equipment, monitors web traffic (internet and emails, across all users, on different destinations, etc.);
f) ensures the configuration of new user accounts;
g) ensures the allocation of rights on folders according to internal regulations;
h) ensures security patch upgrades;
i) participates in the procurement process by entering orders in SEAP;
j) drafts and proposes the annual procurement plan together with the Public Procurement Directorate, the Budget-Finance and Administrative Directorate, and the Secretary-General;
k) drafts a semi-annual activity report analyzing the problems encountered and proposing improvements, which they present to the Secretary-General and the president of the CES;
l) when identifying violations of legislation, the IR, ROF, or duties from the job description, has the obligation to inform, in writing, the Secretary-General/president of the CES and to come up with proposals for remedying the created situation.

CHAPTER XIII
Final Provisions

Art. 141 – The Economic and Social Council is a public institution, defined in the Constitution of Romania (art. 141) as an advisory body of Parliament and the Government.

Art. 142 – The Economic and Social Council is the institutional framework that ensures dialogue between social partners and representatives of civil society organizations so that they are mandatorily consulted by the Government and Parliament in issuing normative acts with an impact on the economic and social reality.

Art. 143 – CES members are mandatorily consulted on draft normative acts in specific fields, with the opinions drafted and sent to initiators (Parliament, Government, etc.) having a consultative character. 

Art. 144 – CES members carry out their specific activity within the institution based on a mandate from the organizations that nominated them.

Art. 145 – According to the provisions of Law no. 248/2013, members of the Plenary and members of the CES specialized committees do not exercise a public function or dignity, but a quality. Following validation, no service relationship is established between the members of the Plenary and the CES, as they represent the organizations that nominated them.

Art. 146 – The President of the CES is assimilated only from the perspective of remuneration to the position of minister, while the vice-presidents are assimilated only from the perspective of remuneration to the position of secretary of state.

Art. 147 – In case it is found that normative acts falling under the CES´s competence are promoted without obtaining the CES´s opinion, the CES Plenary will empower the president to signal this situation, as appropriate, 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 – The ROF – CES may be proposed for modification by the Executive Bureau or by any of the members of the Plenary and is adopted by the Plenary.

DATE, 22.05.2024

PRESIDENT OF THE CES,
BOGDAN SIMION