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The Institute for the Investigation of Communist Crimes and the Memory of the Romanian Exile

Ordinance No. 27 of 2002 regulating the activity of solving petitions

ORDINANCE No. 27 of 30 January 2002 on the regulation of the activity of solving petitions

 

   Text in force as of 20 august 2002

   Basic instrument

#B: order No. 27/2002

 

   Modifying documents

#M1: Law No. 233/2002

#M2: correction of published in the Official Gazette of Romania, part I, no. 613 of 20 august 2002

 

   The amendments and additions made by the regulatory acts listed above are written in italic font. In front of each change or additions it is appropriate regulatory action that undertook to amend or supplement in question, in the form #M1, #M2, etc.

 

#CIN

   Note:

   Government Ordinance No. 27/2002 as amended by law No. 233/2002 (#M1).

 

#M1

Art. 1

   (1) the purpose of This Ordinance is to regulate the mode of exercise by citizens of the right to address petitions to the authorities and public institutions in his own name, as well as how to solve them.

#B

(2) the right of petition is recognized and legally constituted organizations which could then formulate petitions on behalf of associations or bodies they represent.

#M1

Art. 2

   For the purposes of this Ordinance, by petition shall mean the application, complaint or referral, the proposal formulated in writing or by e-mail that a citizen or a lawfully constituted an organization may apply to public authorities and institutions of the Central and local public services decentralized of ministries and other central organs, companies and corporations, companies of the county or local interest, as well as autonomous public corporations , hereinafter referred to as the public authorities and institutions.

#B

Art. 3

Petitions addressed to the public authorities and institutions. 2 will be resolved within the time limits and under the conditions laid down in this Ordinance.

Art. 4

Managers of public authorities and institutions. 2 are directly responsible for the proper organisation and conduct of business, highlighting and solving petitions addressed to them, as well as the legality of their communication solutions and legal.

Art. 5

Legal settlement of petitions addressed to them the leaders seized on the public authorities and institutions shall provide measures for research and detailed analysis of all aspects.

#M1

Art. 6

   (1) the public authorities and institutions. 2 are obliged to organize a separate compartment for public relations, who receive, record, to take care of solving petitions and send answers to the petitioners.

   (2) paragraph Compartment. (1) shall submit petitions recorded by specialized compartments, according to their object, specifying the time limit for sending the reply.

   (3) paragraph Compartment. (1) is required to pursue and settle within the response.

   (4) the delivery by the petitioner's reply is made only by the public relations, fosters and ranking and the filing of petitions.

#M1

Art. 6 ^ 1

   Wrong petitions directed will be sent within 5 days after the registration of the compartment; 6 paragraph 1. (1) public authorities or institutions which have the powers exercised, problem solving, and the petitioner to be notified about this.

#M1

Art. 7

   Anonymous petitions or those in which there are listed the data identifying the petitioner shall not be taken into account and is graded according to this Ordinance.

#B

Art. 8

(1) the public authorities and institutions have the obligation to communicate seized the petitioner within 30 days from the date of registration of the petition, the response, regardless of whether the solution is favorable or unfavorable.

#M1

   (2) For the resolution of petitions submitted under art. 6 ^ 1 from other authorities or public institutions, the term of 30 days from the date of registration stress of the petition to the competent public authority or institution.

#B

Art. 9

In the event that the appellate matters through the petition requires a more thorough research, the head of the institution or public authority may extend the period prescribed in article 21. 8 with a maximum of 15 days.

#M1

Art. 10

   (1) where a petitioner addressed to the same authorities or public institutions more petitions, bringing the same problem, they are related to the applicant receive a single response that must refer to all petitions received.

   (2) If after sending the response I'm getting a new petition for the same petitioner or an authority or a public institution is notified, with the same wrong content, it is ranked at number originally being made mention of the fact that he responded.

#B

Art. 11

Where are the appellate petition through certain aspects of a person's activity, it cannot be resolved by the person concerned or by a subordinate.

Art. 12

(1) distribution of petitions in order to solve them by specialized personnel is done by the head of the compartment to which it was sent the petition by the compartment provided for in paragraph 1. (1) of article 1. 6.

(2) civil servants and persons assigned with individual labour contract are obliged to resolve petitions which are only broken down according to para. (1), being forbidden to receive them directly from petenţi, to intervene or to submit their diligent to settle outside the legal framework.

#M1

Art. 13 *)

   Signing the response is made by the head of the institution or public authority whenever the processor it, as well as the Chief of the bin that has settled the petition. The response will indicate the legal basis of the solution adopted.

#CIN

   *) Art. 13 includes the amendment effected by Rectifying and published in the Official Gazette of Romania, part I, no. 613 of 20 august 2002 (#M2).

 

#B

Art. 14

Quarterly public authorities and institutions will analyze their own activities to settle the petitions on the basis of the report drawn up by the compartment provided for in paragraph 1. (1) of article 1. 6.

Art. 15

Constitutes misconduct and shall be imposed according to the provisions of law No. 188/1999 on the status of civil servants and, where appropriate, according to the labour legislation the following facts:

  1. failure to comply with time limits) to the settlement of petitions, the provisions of this Ordinance;
  2. b) interventions or stăruinţele for solving petitions outside the legal framework;

#M1

  1. c) receipt directly from the petitioner of a petition, to resolve, without being registered and without being broken down by the head compartment.

#M1

Art. 15 ^ 1

   How to solve the petitions addressed to Parliament and the President of Romania shall be made according to your own rules.

#M1

   Art. * 16 Repealed