CAT/OP/ROU/1/Add.1
d) the endowment with cars for the specific activities of the People's Advocate Institution
may be regulated by a Government Decision, as in the case of the Superior Council of
Magistracy;
e) to initiate a draft Government Decision on the regulation of 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 or punishment in the places of detention
and by its zonal centres, which operate within the People's Advocate Institution, the
Ministry of Public Finance recommended that we contact Mr. Ioan Dragoş Tudorache, Chief
of the Prime Minister's Chancellery.
The General Secretariat of the Government stated that the People's Advocate has
the right of legislative initiative, according to the provisions of Art. 1 letter a)
of the Rules on Procedures, at the Government level, for drafting, endorsing
and presenting draft public policy documents, draft normative acts, as well as
other documents for adoption / approval, approved by Government Decision no.
561/2009 namely "the following public authorities have the right to initiate draft
public policy documents and draft normative acts for the adoption/approval by the
Government, according to their powers and their field of activity: the ministries
and the other specialized bodies of the central public administration, subordinated
to the Government, as well as autonomous administrative authorities".
At present, there is a Legislative Proposal in Parliament to amend and supplement
Law No. 35/1997 on the organization and functioning of the People's Advocate
Institution, as subsequently amended and supplemented, as well as for the
modification and completion of other normative acts, within the meaning of
paragraph 3 of Art. 1 of the Government Ordinance No. 80/2001, as subsequently
amended and supplemented, the People's Advocate Institution, together with the
other institutions stipulated in the Constitution and whose organization and
functioning is established by organic law, respecting the necessity of a decisionmaking autonomy of the institutions in relation to their powers, including the
dimensioning of the car fleet through its Order.
Thus, this legislative proposal was adopted by the Senate on 1.11.2016. At present,
Plx 521/2016 (Draft Law amending Article 1 paragraph (3) of the Government
Ordinance No. 80/2001 on establishing certain normative acts for the expenses for
public administration authorities and public institutions) is on the agenda of the
Chamber of Deputies' sittings.
The memorandum of the reasons states: The current legislative framework does
not allow the People's Advocate, despite its rank as a fundamental institution with
a role in defending the rights and freedoms of citizens, to set their own normative
expenses for protocol, travel abroad, car expenses and monthly fuel consumption,
within limit of the approved annual budget, not being exempt from the application
of Government Ordinance No. 80/2001 regarding the establishment of some
expenditure norms for the public administration authorities and public institutions.
The Legal Commission of the Senate approved the inclusion of these provisions in
the draft law on amending Law no. 35/1997 regarding the organization and
functioning of the People's Advocate Institution.
56
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