CAT/OP/ROU/1/Add.1
detention and its regional centres, which operate within the People's Advocate
Institution.
It was signed by the Secretary General of the Government, and endorsed by the
Minister of Public Finance. The Ministry of Justice has submitted a point of view,
which states essentially that "there is no legal basis for the approval by
Government Decision of the number of cars and fuel consumption norms for
the People's Advocate, which should be approved by order of the People's
Advocate". In this regard, it was stated that "although the People's Advocate
Institution is not expressly mentioned in this text (Article 1 paragraph (3) of the
Government Ordinance no 80/2001), there is no reason for which the normative
acts of expenditure would be approved by the Government".
However, in the 2015 budget of the People's Advocate Institution, were
allocated the amounts necessary for the purchase of cars (money which later
returned to the state budget because they were not spent). Moreover, in 2016,
the amounts of money needed for the purchase of cars were provided, and the
steps continued in 2016, but without a favourable result that was urgently
needed.
The Ministry of Justice has considered that some of the exceptions to the spending
rules, set at the primary level, may be approved by Government Decision, but only
for the institutions and authorities expressly covered by the legal provisions
(Articles 4 (1) and 5 (1) of the Ordinance). Moreover, the Ministry of Justice
appreciated that "Government Ordinance No. 80/2001 is applicable to the
People's Advocate, but if the institution considers that the norms established
by the ordinance do not cover the monthly consumption needs or wants to
establish other norms for endowment with cars, it is necessary to fill in the text
of the Ordinance, either by including the People's Advocate in the enumeration
from Art. 1 paragraph (3), or by amending the ordinance texts regulating
exceptions allowing the approval of norms different from those set out in the
ordinance. In this respect, we mention that the initiator of Government
Ordinance No. 80/2001 and subsequent amendments is the Ministry of Public
Finance".
With a view to the initiation by the Ministry of Public Finance of a draft
Government Decision regulating the number of cars and fuel consumption for the
specific activities carried out by the Field for the prevention of torture and other
cruel, inhuman or degrading treatment in places of detention and by its regional
centres, which operate within the People's Advocate Institution, this institution
communicated to us the following:
a) initiates draft normative legal acts in its field of activity and aims at their harmonization
with the EU legislation in the field;
b) the legislation in force does not authorize the Ministry of Public Finance to initiate draft
normative acts establishing the norms for cars for the main state budget administrators,
such as the People's Advocate Institution;
c) from the opinion of the Ministry of Public Finance, the provisions of Art. 1 paragraph (3) of
the Government Ordinance no. 80/2001 on the establishment of expenditure norms for
public administration authorities and public institutions are only applicable to the
authorities and institutions listed therein;
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