The Sovereignty Act (version 20) — full text
Draft law: “The Sovereignty Act —
The Act for the protection of the higher and sovereign interest of the Romanian people and citizen”
Starting from the constitutional principle that national sovereignty belongs to the Romanian people, and likewise from the need for greater involvement of the Romanian citizen in the decision-making and legislative process through the implementation of the principle of participatory democracy, by the exercise of the right of legislative initiative by at least 100,000 citizens entitled to vote, in compliance with art. 5 para. (1) of Act no. 24/2000 on legislative drafting rules, read together with art. 74 para. (1) of the Constitution of Romania, republished,
proceeding from the necessity of adopting a law which guarantees and strengthens the sovereignty of the Romanian State laid down in article 1 paragraph (1) of the Constitution of Romania, republished, by implementing necessary and urgent measures in various fields liable to affect national sovereignty, understood both as the right of the nation to identity and self-determination and as a state of law consistent with the constitutional order,
having regard to the need to guarantee and strengthen the fundamental rights of the citizen by establishing rules which make it impossible to limit, delay or avoid parliamentary scrutiny of normative acts providing for limitations, restrictions or conditions upon fundamental rights and freedoms, as well as the need to repeal the legal provisions in force which make such unconstitutional limitations possible,
taking into account the indications and conclusions of the European Parliament Resolution of 13 November 2020 on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights (2020/2790(RSP)) in the member states, Romania among them,
and also taking into account the imperative character of the European Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine — the Convention on Human Rights and Biomedicine, signed at Oviedo on 4 April 1997 — and of the Additional Protocol thereto on the Prohibition of Cloning Human Beings, signed at Paris on 12 January 1998, ratified by Act no. 17 of 22 February 2001, and of the Convention of 26 November 1968 on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, adopted by the General Assembly of the United Nations on 26 November 1968, as well as the need for the direct and immediate implementation of these conventions in national legislation,
having regard to the fact that the protection of human dignity is founded on the idea that man is an intellectual and moral being inclined to determine himself and to develop in freedom, and that the inalienable dignity of man consists precisely in the need for his status as a responsible person to be respected,
taking into account the need to strengthen the rule of law through respect for legality and constitutionality by the direct, non-discriminatory and immediate implementation of the decisions of the Constitutional Court; having regard to the need to make the decision-making process of the administration transparent by publishing all acts of general interest and making them fully and freely available to citizens through the Official Gazette of Romania, to the guarantee of freedom of expression in the online environment, and to the need for parliamentary representation of as large a proportion as possible of Romanian citizens entitled to vote,
taking into account the disastrous ecological situation at national level, as well as the drastic diminution of the national forest stock caused by the massive and irrational deforestation and clear-felling of the last 30 years, and the need to prohibit abusive and excessive exploitation of forests with a view to rebuilding and regenerating the national forest stock, as well as the need for an immediate and total ban on the export of unprocessed timber and on the import of waste,
having regard to the obligation to preserve the national patrimony, as well as to the need to maximise, for the Romanian citizen, the profitability of exploiting the riches held in public property, with the consequence of criminalising any acts having the effect of diminishing national wealth,
having regard to the low degree of transparency of the decision-making process within the public institutions of Romania,
taking into account the need for the defence of the entire national territory by the entire people on a voluntary basis, as well as the need to acquire new, state-of-the-art military equipment directly from the manufacturer and exclusively in compliance with the national legislation governing offset in military procurement,
taking into account the decisions of the Constitutional Court on the constitutionality of certain provisions in criminal and criminal-procedural matters, and in other social fields,
having regard to the fact that the more than 100,000 citizens’ signatures in favour of this legislative initiative constitute a sound argument for respecting the will of the Romanian people and its sovereignty,
The Parliament of Romania adopts this law:
Chapter I — Measures for consolidating the rule of law and protecting the higher and sovereign interest of the Romanian people and citizen
Article 1 → the reasons
Limitations of fundamental human rights and freedoms may not be established by normative administrative acts.
Article 2 → the reasons
Article 4 of Emergency Ordinance no. 1/1999 on the regime of the state of siege and the state of emergency, published in the Official Gazette no. 22 of 21 January 1999, as subsequently supplemented and amended, is amended and shall read as follows: → the reasons
“During the state of siege or the state of emergency, the exercise of certain fundamental rights and freedoms may be restricted only to the extent required by the situation and in compliance with art. 53 of the Constitution of Romania, republished, with the exception of the human rights and fundamental freedoms provided for in art. 32 and of those enshrined in the Constitution in articles 21 — Free access to justice, 22 — The right to life and to physical and mental integrity, 23 — Individual liberty, 24 — The right of defence, 26 — Intimate, family and private life, 28 — The secrecy of correspondence, 29 — Freedom of conscience, 30 — Freedom of expression, 31 — The right to information, 34 — The right to the protection of health and 35 — The right to a healthy environment, 40 — The right of association, 42 — The prohibition of forced labour, 44 — The right to private property, 45 — Economic freedom, 46 — The right of inheritance, 47 — The standard of living.”
Article 3 → the reasons
Act 55 of 15 May 2020 on certain measures for the prevention and combating of the effects of the COVID-19 pandemic, published in the Official Gazette of Romania, Part I, no. 396 of 15 May 2020, as subsequently amended and supplemented, is repealed.
Article 4 → the reasons
Act 46 of 21 January 2003 on the rights of the patient, published in the Official Gazette no. 51 of 29 January 2003, as subsequently amended and supplemented, is amended and supplemented as follows:
In article 4, after paragraph (1), a new paragraph (2) is inserted, reading as follows: → the reasons
“Medicines, sanitary materials, medical devices and other therapeutic means may be administered or applied to Romanian citizens only after obtaining in advance the patients’ written agreement and consent, following prior and mandatory information given on the basis of the leaflets provided by the manufacturer of the medicines proposed, medical emergencies excepted.”
After article 36¹, a new article 36² is inserted, reading as follows: → the reasons
“No citizen may be discriminated against, positively or negatively, as a result of accepting or refusing a treatment or a medical device.”
Article 5 → the reasons
Act 95 of 14 April 2006 on the reform of the health system, republished, published in the Official Gazette no. 652 of 28 August 2015, as subsequently amended and supplemented, is amended and supplemented as follows:
(1) After article 704, a new article 704¹ is inserted, reading as follows: “(1) Medicines or medical devices for which the manufacturer offers no guarantees and no demonstrably viable remedies against adverse effects may not be marketed or used, nor may such medical treatments be applied. (2) The marketing or use of medicines, vaccines, medical devices and other pharmaceutical products for which complete clinical trials have not been carried out in accordance with the methodology laid down by law is prohibited.” (2) In article 811, paragraph (1) is amended and shall read as follows: “(1) For the purposes of this chapter, advertising for medicines includes any means of information by direct contact (the ‘door-to-door’ system), as well as any form of promotion intended to stimulate the prescription, distribution, sale or consumption of medicines.” → the reasons
Article 813 is amended and shall read as follows: → the reasons
“(1) Any form of commercial advertising on television, radio and social networks for authorised or unauthorised medicines, vaccines, medical devices and other pharmaceutical products is prohibited. (2) The direct distribution of medicines to the population by manufacturers for promotional purposes is prohibited.”
Article 6 → the reasons
Act 272 of 21 June 2004 on the protection and promotion of the rights of the child, republished, published in the Official Gazette no. 159 of 5 March 2014, as subsequently amended and supplemented, is amended and supplemented as follows:
(1) In article 9, after paragraph (1), a new paragraph (1¹) is inserted, reading as follows: “The biological sexual identity of the child, acquired at birth, may not be altered before the age of 18.” (2) In article 28, after paragraph (4), a new paragraph (5) is inserted, reading as follows: “It is prohibited to make available to children under the age of eighteen any information or materials promoting departure from biological sexual identity, gender reassignment and homosexuality.” (3) In article 46, paragraph (3), letter i) is amended and shall read as follows: “the systematic conduct in schools, at least once per semester, of programmes of education for life, including sexual education for children over 14, with a view to preventing the contracting of sexually transmitted diseases and of early pregnancy.” → the reasons
Article 7 → the reasons
In article 64 of Act no. 287 of 17 July 2009 on the Civil Code, published in the Official Gazette no. 511 of 24 July 2009, as subsequently amended and supplemented, after paragraph (2) three new paragraphs (3) to (5) are inserted, which shall read as follows: → the reasons
“(3) No authority or individual may, by any technological mechanism, increase, diminish or disturb the individual physical or mental integrity of a person without that person’s written, express, informed and freely expressed consent or, in the case of a person under judicial interdiction or of a patient unable to express his will, without the written, express, informed and freely expressed consent of the legal representative. (4) Any intrusion into or form of intervention upon neuronal connections, as well as any intrusion at the level of the brain through the use of neuro-technology, of a brain–computer interface or of any other system or device, is prohibited in the absence of the written, express, informed and freely given consent of the person, even in medical circumstances, or, in the case of a person under judicial interdiction or of a patient unable to express his will, of the legal representative. (5) The holding or use of any system or device whose purpose is to access or manipulate neuronal activity is prohibited.”
Article 8 → the reasons
In article 5 of Act no. 159 of 19 July 2016 on the regime of the physical infrastructure of electronic communications networks and on measures to reduce the cost of installing electronic communications networks, published in the Official Gazette no. 559 of 25 July 2016, paragraph (2) is amended and shall read as follows: → the reasons
“The provisions of paragraph (1) shall apply after obtaining the written agreement of all owners and/or co-owners, including as regards the right of access to spaces held in undivided ownership in blocks of flats, and likewise as regards the fixing of electronic communications networks, of the technologies and equipment used within the IT and communications infrastructures of national interest, as well as within the electronic communications networks through which electronic communications services are provided, or of elements of physical infrastructure necessary to support them, on the walls or terraces of those buildings.”
Article 9 → the reasons
Act no. 286 of 17 July 2009 on the Criminal Code, published in the Official Gazette no. 510 of 24 July 2009, as subsequently amended and supplemented, is amended and supplemented as follows:
(1) After article 195, a new article 195¹ is inserted, with the marginal heading “Disturbance or alteration of physical or mental integrity”, reading as follows:
“(1) Disturbing or altering the individual physical or mental integrity of a person without that person’s written, express, informed and freely expressed consent shall be punished by imprisonment from 5 to 10 years and the prohibition of certain rights.
(2) Holding or using any system or device whose purpose is to access or manipulate neuronal activity, accessing or manipulating a person’s neuronal activity, as well as any intervention upon neuronal connections or intrusion at the level of the brain, whether invasive or non-invasive, in the absence of the person’s written, express, informed and freely expressed consent, shall be punished by imprisonment from 7 to 20 years and the prohibition of certain rights.”
(2) In article 197, after paragraph (1), two new paragraphs, (2) and (3), are inserted, reading as follows:
“(2) Causing a minor who has not attained the age of 18 to alter the biological sexual identity acquired at birth shall be punished by imprisonment from 7 to 15 years.
(3) Where the act referred to in the preceding paragraph has been committed by a parent, guardian, teacher or master, or has produced physical consequences for the minor, the special limits of the penalty shall be increased by one third.”
(3) In article 211, after paragraph (1), a new paragraph (1¹) is inserted, reading as follows:
“The brokering or encouragement of adoptions by persons who are not officials of the General Directorate for Social Assistance and Child Protection or of the National Authority for the Rights of Persons with Disabilities, Children and Adoptions shall be punished by imprisonment from 7 to 15 years and the prohibition of the exercise of certain rights.”
(4) In article 221, paragraph 4 is amended and shall read as follows:
“Causing, by an adult, a minor who has not attained the age of 14 to witness the commission of acts of an exhibitionist character, or shows or performances in which sexual acts of any kind are committed, as well as making available to him material of a pornographic character or with content explicitly describing sexuality, shall be punished by imprisonment from one to three years.”
(5) In article 221, after paragraph (5), a new paragraph (5¹) is inserted, reading as follows:
“Making available to children under the age of eighteen any material promoting departure from biological sexual identity, gender reassignment and homosexuality shall be punished by imprisonment from 1 to 5 years.”
(6) In article 221, paragraph (6) is amended and shall read as follows:
“Attempt in respect of the offences provided for in paragraphs (1), (2), (2¹) and (5¹) shall be punished.”
(7) Article 297 is amended and shall read as follows:
“(1) The act of a public official who, in the exercise of his duties, fails to perform an act or performs it in breach of the law with a view to obtaining an undue advantage and thereby causes damage or an injury to the rights or legitimate interests of a natural or legal person shall be punished by imprisonment from 2 to 7 years and the prohibition of the exercise of the right to hold public office.
(2) The same penalty shall apply to the act of a public official who, in the exercise of his duties, restricts the exercise of a right of a person or creates for that person a situation of fear, social exclusion or inferiority on grounds of race, nationality, ethnic origin, language, religion, sex, sexual orientation, political affiliation, wealth, age, disability, chronic non-contagious disease or HIV/AIDS infection.
(8) In article 297, after paragraph (2), a new paragraph (3) is inserted, reading as follows:
“(3) The act of a public official of applying any legal rules declared unconstitutional by a Decision of the Constitutional Court of Romania shall be punished by imprisonment from 7 to 10 years.”
(9) In article 394, in paragraph (1), a new letter e) is inserted, reading as follows:
“e) the exercise of an office of public dignity or one entailing the exercise of State authority.”
(10) In article 394, after paragraph (1), a new paragraph (2) is inserted, reading as follows:
“Where the act referred to in paragraph 1 letter b) has caused significant damage to the national economy, the penalty shall be life imprisonment or imprisonment from 15 to 25 years and the prohibition of certain rights.”
(11) In article 398, after paragraph (1), a new paragraph (2) is inserted, reading as follows:
“It likewise constitutes an act of High Treason, attracting the same penalty, for the President of Romania to fail to give effect to the Decisions of the Constitutional Court resolving conflicts of a constitutional nature within 10 days of the communication of the operative part.”
Article 10 → the reasons
Act no. 135 of 1 July 2010 on the Code of Criminal Procedure, published in the Official Gazette no. 486 of 15 July 2010, as subsequently amended and supplemented, is amended and supplemented as follows:
(1) In article 247, paragraphs (1) and (2) are amended and shall read as follows: “(1) The judge of rights and liberties, during the criminal investigation, the preliminary chamber judge, during the preliminary chamber procedure, or the court, during the trial, may order the provisional medical committal of the suspect or defendant who is mentally ill or a chronic user of psychoactive substances, if the perpetrator’s condition was determinant for the commission of the act and the measure is necessary in order to remove a concrete and present danger to public safety. (2) The measure provided for in paragraph (1) consists in the involuntary medical committal of the suspect or defendant to a specialised medical assistance unit, is taken for a period of no more than 60 days and may be extended until recovery or until the improvement which removes the state of danger.”
(2) In article 453, paragraph (1), after letter f) a new letter g) is inserted, reading as follows:
“the decision was founded on a legal provision which was repealed or amended after the decision became final, where the criminal provisions are more favourable or the act has been decriminalised.”
Article 11 → the reasons
In article 18, paragraph (2) of Act no. 202 of 9 November 1998 on the organisation of the Official Gazette of Romania, republished, published in the Official Gazette no. 511 of 3 July 2017, as subsequently amended and supplemented, is amended and shall read as follows: → the reasons
“The electronic format of the Official Gazette of Romania is available free of charge and without restriction, permanently. The free and unrestricted electronic format shall be a portable document, without watermark or inscriptions additional to the printed format; it shall become accessible to all users on the same day as publication, including for searching, saving, sharing and printing.”
Article 12 → the reasons
(1) It is prohibited to delete or censor posts, information, images or personal data, and to block personal accounts on social networks, in Cloud storage environments, in the virtual environment and/or in the online environment, or on electronic devices held in personal ownership.
(2) Any breach of the provisions of paragraph (1) entails the material liability of the operators or holders of the virtual environments and social networks, of the Cloud storage environments, of the online sites or of the operating systems.
(3) Any dispute concerning the breach of the provisions of the preceding paragraphs is subject to national legislation and shall be settled by the court of first instance of the claimant’s domicile.
(4) The action is exempt from stamp duty.
Article 13 → the reasons
Act no. 208 of 20 July 2015 on the election of the Senate and the Chamber of Deputies and on the organisation and functioning of the Permanent Electoral Authority, published in the Official Gazette no. 553 of 24 July 2015, as subsequently amended and supplemented, is amended and supplemented as follows:
(1) In article 92¹, paragraphs (3), (4) and (5) are repealed.
(2) In article 94, paragraph (2), letter a) is amended and shall read as follows:
“3% of the total number of validly cast votes at national level, or 10% of the total number of validly cast votes in at least 4 electoral constituencies, for all electoral competitors;”
(3) In article 94, paragraph (2), letter b) is amended and shall read as follows:
“in the case of political alliances and electoral alliances, to the 3% threshold provided for in letter a) there shall be added, for each member of the alliance, a single percentage point of the validly cast votes in all electoral constituencies, without being able to exceed 5% of those votes.”
(4) Article 103¹ is amended and shall read as follows:
“(1) The Permanent Electoral Authority shall ensure the operation, at the seat of the Central Electoral Bureau, of an IT infrastructure fulfilling the following objectives:
a) it ensures the operation of the IT system for centralising the data from the minutes recording the results of the voting;
b) it ensures the real-time storage of duplicates of the databases generated by the IT system for monitoring turnout and preventing illegal voting, as well as of the logs of the machines on which it runs, in order to facilitate their analysis and transparency.
(2) The IT infrastructure provided for in paragraph (1) shall be unique and shall comprise servers, data storage systems, communications and security equipment, as well as licences and software applications, being intended exclusively for the application of the provisions of this law.
(3) The IT system for centralising the data from the minutes recording the results of the voting and the IT system for monitoring turnout and preventing illegal voting may be accessed for the real-time viewing of the data, from the seat of the Central Electoral Bureau, by the representatives of the Central Electoral Bureau and those of the Permanent Electoral Authority, on the basis of access rights established by decision of the Permanent Electoral Authority.
(4) The Permanent Electoral Authority shall provide the assistance and technical support for the operation of the equipment and software applications provided for in paragraph (2).
(5) The Permanent Electoral Authority shall provide the software applications and/or IT services to be used by the Central Electoral Bureau for centralising the data from the minutes recording the results of the voting, as well as the IT equipment necessary for the centralisation of the results of the voting by the Central Electoral Bureau. These shall operate within the IT infrastructure provided for in paragraph (1).
(6) The software applications provided for in paragraph (5) shall be certified by the Permanent Electoral Authority and made available by it to the political parties and to the organisations of citizens belonging to national minorities taking part in the elections, upon their written request.
(7) The Permanent Electoral Authority shall ensure, throughout the day of the voting and the following day, the publicity of the data concerning the number of voters who have turned out, and of the information resulting from the verification of the correlations in the minutes recording the results of the voting, obtained through the IT system for monitoring turnout and preventing illegal voting.”
(5) In article 110, paragraph (1) is amended and shall read as follows:
“The Permanent Electoral Authority, with the support of the National Institute of Statistics, shall ensure the implementation and management of the IT system for monitoring turnout and preventing illegal voting, on the basis of the data and information in the Electoral Register and in the Register of polling stations.”
(6) In article 110, paragraph (3) is amended and shall read as follows:
“For the implementation and operation, during the elections, of the IT system for monitoring turnout and preventing illegal voting, use shall as a rule be made of the IT infrastructure held by the central and local public administration authorities and by educational establishments.”
(7) In article 110, paragraph (4) is amended and shall read as follows:
“The organisation of elections, referendums and other popular consultations, as well as the administration of the processes specific to them, including the counting of the votes, with the exception of guarding and public-order activities, shall be carried out exclusively by the electoral bureaux, namely the Central and the Local ones. Breach of this provision constitutes an offence and shall be punished by imprisonment from 7 to 10 years.”
(8) In article 110, paragraph 8 is repealed.
Chapter II — Ecological measures for the protection of the higher and sovereign interest of the Romanian people and citizen
Article 14 → the reasons
Act 57/2020 on the sustainable management of Romania’s forests, published in the Official Gazette no. 402 of 15 May 2020, is amended as follows:
(1) Article 1 is amended and shall read as follows: “The export, within or outside the Community area, of unprocessed timber, including logs, with or without bark, round wood, sawn timber, beams or railway sleepers, is prohibited until 1 January 2121.” (2) Article 4 is amended and shall read as follows: “Failure to observe the export ban on timber provided for in art. 1 shall be punished by imprisonment from 7 to 20 years and the prohibition of certain rights.” → the reasons
Article 15 → the reasons
Act 46 of 19 March 2008 on the Forestry Code, published in the Official Gazette no. 611 of 12 August 2015, as subsequently amended and supplemented, is amended and supplemented as follows:
(1) In article 29, paragraph (1) is amended and shall read as follows: “Deforestation and clear-felling on the territory of Romania, including that justified by ecological reconstruction, the regeneration and tending of forests, are prohibited until 1 January 2121.” (2) In article 29, paragraphs (2), (3), (4) and (5) are repealed. (3) After article 109, three new articles 109¹, 109² and 109³ are inserted, reading as follows: “109¹ Causing disease in, or infesting with pests, the trees of the forest stock shall be punished by imprisonment from 7 to 20 years.”; “109² Breach of the prohibition provided for in art. 29 of this law shall be punished by imprisonment from 7 to 20 years.”; “109³ Intentionally setting fire to the forest stock shall be punished by imprisonment from 7 to 20 years.” → the reasons
Article 16 → the reasons
In article 13 of Act no. 211 of 15 November 2011 on the waste regime, republished, published in the Official Gazette no. 220 of 28 March 2014, after paragraph (1) a new paragraph (2) is inserted, reading as follows: → the reasons
“The introduction into the country of waste of any kind is prohibited.”
CHAPTER III — Measures in the economic field for the protection of the higher and sovereign interest of the Romanian people and citizen
Article 17 → the reasons
From the date of entry into force of this law, the alienation of the assets of the Romanian State or of the shares held by the State in national companies and undertakings, in credit institutions, and in any other company in which the State is a shareholder, irrespective of the share of registered capital held, is prohibited until 1 January 2121.
Article 18 → the reasons
In art. 307 of Emergency Ordinance no. 57 of 3 July 2019 on the Administrative Code, published in the Official Gazette no. 555 of 5 July 2019, after paragraph (1) a new paragraph (1¹) is inserted, reading as follows:
“The minimum royalty obtained through concession may not fall below the average level of the European market.”
Article 19 → the reasons
(1) In article 30 of Act no. 312 of 28 June 2004 on the Statute of the National Bank of Romania, published in the Official Gazette no. 582 of 30 June 2004, paragraph (1), letter a) is amended and shall read as follows: → the reasons
“a) gold held in the treasury exclusively and in its entirety at the National Bank of Romania.”
(2) Within no more than 180 days from the publication of this law in the Official Gazette of Romania, the National Bank of Romania shall repatriate in its entirety the gold deposited outside Romania.
(3) Failure to observe the provisions of paragraph (2) constitutes a criminal offence and shall be punished by imprisonment from 10 to 20 years and the prohibition of certain rights.
Article 20 → the reasons
(1) From the date of entry into force of this law, contracts concluded by the Romanian State are public and shall be published on the website of the contracting institution and in the Official Gazette, Part IV.
(2) Within no more than 5 days from the date of adoption of this law, all contracts concluded by the Romanian State up to that date shall be published on the website of the contracting institution and in the Official Gazette, Part IV.
Article 21 → the reasons
(1) The intentional failure of a public servant to enforce concession or privatisation contracts in accordance with their clauses, or, as the case may be, the intentional failure to bring actions for their enforcement, shall be punished by imprisonment from 10 to 20 years and the prohibition of certain rights.
(2) The negligent failure of a public servant to enforce concession or privatisation contracts in accordance with their clauses, or, as the case may be, the negligent failure to bring actions for their enforcement, shall be punished by imprisonment from 5 to 10 years and the prohibition of certain rights.
Article 22 → the reasons
(1) From the date of entry into force of this law, the marketing on the territory of Romania of any products of a quality inferior to those marketed under the same brand in the country of origin is prohibited.
(2) The marketing under the same brand of goods of differing qualities is prohibited.
(3) Breach of this legal rule constitutes a misleading commercial practice within the meaning of article 7, paragraph (2) of Act no. 363 of 21 December 2007 and entails the sanctioning of the trader with a fine of between EUR 10,000,000 and EUR 50,000,000, depending on the gravity of the act.
Chapter IV — Measures in the field of national safety and defence for the protection of the higher and sovereign interest of the Romanian people and citizen
Article 23 → the reasons
Act no. 51 of 29 July 1991 on the national security of Romania, republished, published in the Official Gazette no. 190 of 18 March 2014, as subsequently amended and supplemented, is amended as follows:
(1) In article 29, paragraphs (1) and (2) are amended and shall read as follows:
“(1) The intelligence, counter-intelligence, guard and special telecommunications services and those assimilated to them shall be organised exclusively as civilian bodies, their employees becoming, by assimilation, public servants with special status, having the right to organise themselves in trade unions and to be investigated by the corresponding civilian prosecution services.
(2) Their statute shall be governed by organic law.”
(2) In article 29, after paragraph (3), a new paragraph (4) is inserted, reading as follows:
“The personnel of the Romanian Intelligence Service, of the Foreign Intelligence Service, of the Special Telecommunications Service and of the Protection and Guard Service who, at the date of retirement, held the status of permanent military personnel for a period of 15 years or more shall retain their rights until their office ceases, in whatever manner.”
(3) After article 33, two new articles are inserted, art. 33¹ and art. 33², reading as follows:
“33¹ (1) Participation in any manner by the intelligence and counter-intelligence services and those assimilated to them in the carrying out of any acts of judicial procedure is prohibited.
(2) Influencing in any manner the prosecutor or the judge entrusted with an investigation, by any person, including by employees or collaborators of the intelligence and counter-intelligence services and those assimilated to them, constitutes an offence and shall be punished by imprisonment from 10 to 20 years and the prohibition of certain rights.
(3) Attempt shall be punished.
(4) Failure to report the interference provided for in paragraph (1) constitutes a criminal act and shall be punished by the same penalty as that provided for in paragraph (2).
33² (1) Participation in any manner by the intelligence and counter-intelligence services and those assimilated to them in the carrying out of any activities of a political, economic or media character is prohibited.
(2) It is prohibited for the intelligence and counter-intelligence services and those assimilated to them to hold commercial companies directly or indirectly, through their own personnel or through intermediaries, as well as to carry out commercial activities on the territory of Romania or abroad.
(3) The intelligence and counter-intelligence services and those assimilated to them may not use funds other than those provided for in the State Budget Law.
(4) Any gains obtained by the intelligence and counter-intelligence services and those assimilated to them in the context of carrying out their specific activities shall be paid into the State budget.
(5) It is prohibited for the intelligence and counter-intelligence services and those assimilated to them to establish, finance, lead or coordinate, through their own personnel or through intermediaries, non-governmental organisations.
(6) Breach of the provisions laid down in paragraphs (1) to (5) constitutes a criminal act and shall be punished by imprisonment from 10 to 20 years and the prohibition of certain rights.
(7) Attempt shall be punished.
(8) Failure to report the acts provided for in paragraphs (1) to (5) constitutes a criminal act and shall be punished by the same penalty as that provided for in paragraph (6).”
Article 24 → the reasons
Act no. 14 of 24 February 1992 on the organisation and functioning of the Romanian Intelligence Service, published in the Official Gazette no. 33 of 3 March 1992, as subsequently amended, is amended as follows:
(1) In article 9, paragraph (1), letter a) is amended and shall read as follows:
“requesting and obtaining objects, documents or official information from public authorities or institutions”
(2) In article 9, paragraph (1), letter e) is repealed.
(3) In article 10, paragraph (1) is amended and shall read as follows:
“In situations constituting threats to national security, the Romanian Intelligence Service, through personnel designated for that purpose, shall carry out activities specific to the gathering of intelligence, performed in accordance with the procedure laid down in Act no. 51/1991, as subsequently amended, which shall apply accordingly.”
(4) In article 27, paragraph (1) is amended and shall read as follows:
“The personnel of the Romanian Intelligence Service shall consist of civilian employees performing operational and administrative duties.”
(5) In article 27, paragraph (3) is repealed.
(6) In article 29, paragraph (1) is repealed.
(7) Article 30 is repealed.
(8) Article 42 is amended and shall read as follows:
“(1) The buildings, means of transport, technical equipment and other material means for the officials of the Romanian Intelligence Service shall be provided by the Government.
(2) The funds necessary for carrying out the activity of the Romanian Intelligence Service shall be provided within the State budget, approved by Parliament.
(3) The Romanian Intelligence Service shall have its own fleet of means of transport for the central apparatus and the subordinate units, established by the equipment tables of the units approved by the Director.”
Article 25 → the reasons
Act no. 1 of 6 January 1998 on the organisation and functioning of the Foreign Intelligence Service, republished, published in the Official Gazette no. 511 of 18 October 2000, as subsequently amended, is amended as follows:
(1) in article 9, paragraph (1) is amended and shall read as follows:
“The Foreign Intelligence Service shall carry out its activity in accordance with the Constitution of Romania, with the laws of the country and with the decisions of the Supreme Council of National Defence.”
(2) In article 10, paragraph (1) is amended and shall read as follows: “The Foreign Intelligence Service is authorised, under the conditions laid down by law, to use methods and to create and hold appropriate means for obtaining, verifying, evaluating, exploiting and storing data and information relating to national security.”
(3) Article 11 is amended and shall read as follows:
“The Foreign Intelligence Service has the right, under the conditions laid down by law, to request and obtain from the Romanian public authorities data or documents necessary for the performance of its duties.”
(4) Article 13 is amended and shall read as follows:
“The personnel of the Foreign Intelligence Service shall consist of civilian employees.”
(5) Article 14 is amended and shall read as follows:
“Military personnel of the Foreign Intelligence Service in the reserve or retired shall have all the rights and duties provided for by the normative acts applicable to the Romanian army, as well as by the rules specific to that service.”
(6) In article 21, paragraph (1¹) is repealed.
Article 26 → the reasons
Act no. 92 of 24 July 1996 on the organisation and functioning of the Special Telecommunications Service, published in the Official Gazette no. 169 of 30 July 1996, is amended as follows:
(1) in article 11, paragraph (1), letter m) is amended and shall read as follows:
“shall carry out other necessary activities, such as: research and technological and IT design, personnel and training activities, transport, medical and rehabilitation assistance, and social, cultural and sporting activities for its own personnel, in accordance with the legal rules.”
(2) In article 12, paragraph (1) is amended and shall read as follows:
“The personnel of the Special Telecommunications Service shall consist of civilian employees.”
(3) In article 12, paragraph (2) is repealed.
(4) Article 14 is amended and shall read as follows:
“The Special Telecommunications Service shall organise its own system of instruction and of improvement of the training of civilian employees, and, on the basis of a protocol, through the specialised institutions belonging to the structures of the national defence system, through university education and, as the case may be, within specialised services and firms in the country or abroad.”
Article 27 → the reasons
Act no. 191 of 19 October 1998 on the organisation and functioning of the Protection and Guard Service, published in the Official Gazette no. 402 of 22 October 1998, as subsequently amended and supplemented, is amended as follows:
(1) In article 1, paragraph (2) is amended and shall read as follows:
“The Protection and Guard Service is a component part of the national defence system.”
(2) Article 13 is repealed.
(3) In article 14, letters d) and e) are repealed.
(4) In article 15, paragraph (1) is amended and shall read as follows:
“The personnel of the Protection and Guard Service shall consist of civilian employees.”
(5) In article 15, paragraph (3) is amended and shall read as follows:
“Civilian personnel performing specific duties for the carrying out of operational activities shall fall within work groups I and II.”
(6) In article 16, paragraphs (1) and (3) are repealed.
(7) In article 19, paragraph (1) is amended and shall read as follows:
“The civilian staff of the Protection and Guard Service shall come from among the graduates of military educational institutions. In the case of posts in specific fields of activity for which military educational institutions do not train the necessary specialists, those posts may be filled by persons trained by civilian educational institutions who meet the legal conditions.”
(8) In article 29, paragraph (1) is amended and shall read as follows:
“The civilian personnel of the Protection and Guard Service shall be under an obligation to keep State secrets and official secrets, under the conditions laid down by law.”
Article 28 → the reasons
1. The National Guard is established on the principle of the defence of the entire national territory by the entire people on a voluntary basis.
2. Act no. 45 of 1 July 1994 — the National Defence Act of Romania, published in the Official Gazette no. 172 of 7 July 1994, as subsequently supplemented and amended, is amended and supplemented as follows:
a) Article 10 is amended and shall read as follows: “The forces intended for defence are composed of the armed forces, the national guard and the protection forces.” b) Article 11 is amended and shall read as follows: “The armed forces comprise the army, the national guard, large units and units subordinated to the Ministry of the Interior and Administrative Reform, those of the State intelligence services and other defence formations organised in accordance with the law.” c) After article 12, a new article 12¹ is inserted, reading as follows: “(1) The National Guard is part of the national defence system and is subordinated directly to Parliament, as the representative of the will of the people, for the safeguarding of the sovereignty, independence and unity of the State, of the territorial integrity of the country and of constitutional democracy.” → the reasons
Article 29 → the reasons
From the date of entry into force of this law, military equipment shall be acquired only from its manufacturer and only under the conditions of Emergency Ordinance no. 189/2002 on compensatory operations relating to procurement contracts for defence, public order and national safety needs, published in the Official Gazette no. 942 of 23 December 2002.
Chapter V — Final and transitional provisions
Article 30 → the reasons
This law shall enter into force 3 days after the date of its publication in the Official Gazette of Romania, any provision to the contrary being repealed as from that date.
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