JUDGMENT No. 1372 on November 18, 2009
on the establishment, organization and functioning of the Institute for the investigation of Communist crimes and the memory of the Romanian exile
Text in force as from 2 august 2013
#B: Government decision nr. 1372/2009
#M1: Government decision nr. 134/2010
#M2: Government decision nr. 768/2012
#M3: Government decision nr. 541/2013
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.
Pursuant to article 1. 108 of the Constitution of Romania, republished, and art. 5 para. (1) of law No. 329/2009 concerning the reorganization of certain public authorities and institutions, streamlining public spending, supporting business environment and compliance with framework agreements with the European Commission and the International Monetary Fund,
The Government of Romania adopts this decision.
(1) there is hereby established the Institute for the investigation of Communist crimes and the memory of the Romanian exile, hereinafter referred to as the Institute, a public institution with legal personality, subordinated to the Government and in the coordination of the Prime Minister, by merging through merger of the Institute for the investigation of Communist crimes in Romania with the National Institute for the memory of the Romanian exile, public institutions are dissolved.
(2) the Institute shall have its seat in Bucharest.
The Institute has as its purposes:
- management and analysis of), a rigorous and scientific manner, of the Communist regime in Romania, as well as its consequences, in direct collaboration with other State institutions, in the spirit of the constitutional values of democracy, rule of law and pluralism;
- b) supporting the establishment of educational and information mechanisms designed to promote, at the level of national and international public, the memory of the Communist period in the history of Romania and to encourage the development of a culture of freedom, democracy and the rule of law, by way of tribute to the victims of Communist Romania from dictatorship and totalitarian State mechanisms analysis;
- (c) to encourage research and development) of the scientific and advanced study in history of communism, critical and comparative methods and in accordance with international standards;
- d) collection, archiving and publication of documents relating to Romanian exile from the period 1940-1989;
- (e) scientific investigation and identification) crimes, abuses and human rights violations throughout the period of the Communist regime in Romania, as well as referral to law enforcement agencies in those cases in which they are identified situations of violation of the law.
(1) in order to achieve the goals referred to in art. 2, the Institute performs the following main tasks:
- the purpose of nature) and the effects of the totalitarian regime in Romania in the period 1945-1989, but this arrangement in memory and exile, and the post-Communist period;
- b) gathers, documents and testimonies with regard to all actions which have violated human rights and freedoms in the Communist regime and on their basis the matter of criminal investigation bodies, regardless of the time and the circumstances in which they occurred;
- c) highlights intellectual sources in communist doctrine, training and practice thinking genealogy totalitarian, Communist Party structures before and after 1945, the former definition of institutional Security, as well as the repressive mechanisms of the system from Romania;
- d) examines how the organisation and functioning of all institutions responsible for the establishment and perpetuation of the Communist regime;
- e) identifies the rhetoric and propaganda of the Communist ideology in public areas of impact such as cinema, television, Visual Arts, music and other fields;
- f) analyses the significance of institutional events of the year and 1990, in the context of democratization, in particular those relating to the infringement of individual rights and freedoms;
- g) studying the influence and effect of the Communist ideology on policy planning during the period 1945-1989, in the areas of education, architecture, heritage and Visual Arts;
- h) examines the impact of short-term and long-term economic policies, social ecology and initiated by the Communist regime;
- I) identifies the ideological and network collaborations internationally promoted by the Romanian Communist Party and responsible for ideology and propaganda of totalitarian rule;
- j) analyse comparative, in light of the history of international communism, the data concerning the ideological censorship exercised during the period 1945-1989 army areas, culture and religion;
- k) bring to the attention of the public acts of violence, abuse and crimes committed by direct order of the Romanian Communist Party;
- It organizes exhibitions) memorials, book launches, debate on the location of the memory of communism in symbolic geography of Romanian culture;
- m) design, in collaboration with other public and private institutions in the country and abroad, temporary or permanent memorials, seeking to make it more well known map of the universe concentraţionar in Romania;
- n) carrying out studies and research in the country and abroad, to deepen knowledge of the phenomenon of the Communist regime and the Romanian exile;
- a) acquires or receives as donations-any testimony, document of the times publication of former exile or about it;
- p) identifies, bring in the country and preserves the documents of the former exile, in original or copy, in whatever medium, scattered in different countries of the world;
- q) editing and re-editing the finances, printing and publication of memoirs, books, studies, articles, correspondence, photographic memory and video, document collections, photographic albums;
- r) organize meetings and seminars devoted to the exile and represents research in this field at national and international scientific meetings;
- s) constitute a deposit covering all publications, books, collections of magazines, newspapers, manifest and other documents of the former exile during the period 1940-1989;
, and others) constitute a point of reference and communication with people in the former exile who continued to remain abroad;
- t) supports the material, within the limits of the appropriations allocated by the budget, those institutions of the former exile who must remain abroad, as the active presence of Romanian in the respective countries;
ţ) presents party activists, soldiers, civilian employees and magistrates who had been working under the repressive apparatus of the party and State;
- u) identifies abuses and crimes committed, ordered or inspired by people who occupied the functions referred to in subparagraph (a). ţ).
(2) for the purposes of carrying out the duties incumbent on him under paragraph 1. (1) the Institute may apply to the National Council for studying the Security Archives, as well as other authorities in order to obtain information, documents or documents in connection with its field of activity, in accordance with the law.
In order to accomplish its mission of managing memory the Communist regime in Romania, the Institute supports the conduct of the following activities:
- the scientific work conducted) supporting research into all sources and unpublished edite, books, newspapers, manuscripts, journals, and other documents related to the genesis and spread of Communist ideology in the Romanian space;
- b) conceiving and realization of collective work tools, papers, thematic encyclopedias, dictionaries, monographs, bibliographies and other necessary local and international context;
b ^ 1) studies, analyses, research, projects and programs in exercise, in partnership with public institutions, non-governmental organizations, professional associations and individuals in the country and abroad;
- c) capitalization of research results by publishing scientific papers, magazines, brochures, and book collections of electronic portals, books, and other work in the field, in Romanian language and in the main international languages, disseminated in print and/or electronic;
- d) initiation, establishment, development and support of collaborative and cooperative relationships with other units or departments of the Ministry of education, research, youth and sport, the Ministry of culture and national heritage, of the Romanian Parliament, Presidential Administration, Romanian Academy, national archives, with accredited universities in Romania and abroad, professional associations, as well as with other universities, institutes and research centers, local and international that have a subject of common interest;
- It's own through acquisitions) the creation, Exchange and donation of a library on the history and the memory of Romanian and international communism and the Romanian exile;
- f) organizing seminars, congresses, seminars, round tables, summer schools, conferences and debates, national and international;
- g) granting of scholarships under the name that honors the disagreement with anti-communist, aimed at enhancing research into the history of communism at pre-university and university education level;
- h) offering advice and expertise in requiring public or private structures in the areas falling within the competence of the Institute;
- I valuated) annual report containing the main results of the Research Institute.
Art. 4 ^ 1
(1) the establishment of the General objectives of the Institute and to analyse the results obtained shall be carried out by a Scientific Council, composed of personalities of the academic world.
(2) the Scientific Council shall meet whenever it is necessary and works on the principle of equality members. The Scientific Council is convened in the presence of at least half plus one of its members.
(3) the Scientific Council is headed by a President, appointed by decision of the Prime Minister, for a period of 5 years, with the possibility of renewal of its mandate once.
(4) the Scientific Council belong to 14 members, appointed by decision of the Prime Minister, upon proposal of the President of the Scientific Council.
(5) the President of the Scientific Council shall ensure the promotion of the Institute's programmes and monitors the activity of scientific research and development thereof, internally and internationally.
(6) for the work of the Scientific Council Chairman filed, and its members are not remunerated.
(7) during the meeting of the Scientific Council, transport and accommodation expenses can be covered by the budget of the Institute.
(1) the Institute is led by an Executive President, with a term of 5 years, called and dismissed by decision of the Prime Minister.
(1 ^ 1) Chairman of the Executive Board is paid to employed and assimilated with the function-level position of dignity as a manager of public institutions of Government.
(2) the President of the Executive Board shall credit the originator to tertiary and represents the Institute in dealings with third-party individuals and legal entities. In the exercise of his powers the President of the Executive Board shall issue decisions and orders.
(2 ^ 1) The President's Executive order adopted norms for specific activities of the Institute, with enrolment in the approved budget allocations and in compliance with the applicable legal provisions. These are subject to approval by the Chief authorising officer.
(3) in its work, the Chairman of the Executive Board is assisted by a Steering Committee, comprised of persons occupying managerial positions within the Institute.
(4) the members of the Steering Committee are appointed and removed by order of the President of the Executive Board, on a proposal from the President of the Scientific Council.
(5) the Chairman of the Executive Board may delegate, in accordance with the law, a part of its tasks to one of the members of the Steering Committee.
(6) * Repealed
Art. 6 * Repealed
(1) the Institute is financed entirely from the State budget through the budget of the General Secretariat of the Government.
(2) the maximum number of posts of the Institute is 36, with enrolment in the approved budget allocations.
(3) the structure of the chapters on stations of State functions and staffing structure is approved by order of the President of the Executive Board.
(4) the powers, duties and responsibilities of the personnel employed in the Institute shall be determined by job description.
(5) staff who work at the Institute is engaged with the individual contract of employment and is paid according to the rules of law applicable to the contractual budget-sector staff.
(6) the Institute may be delegated in accordance with the law, specialized personnel from the Public Ministry and the Ministry of administration and Interior.
The Institute may use for its activity supplies materials received from natural persons and legal entities in the form of donations and sponsorships, while complying with the legal provisions in force.
For specific activities, the Institute has a number of 7 cars and a minibus for transport of people and cargo, with an average fuel consumption of standardised 300 litres/vehicle/month, with enrolment in the approved budget allocations.
Within 15 days from the date of entry into force of the present judgment, the budget appropriations remaining unused on the date of entry into force of law No. 329/2009 concerning the reorganization of certain public authorities and institutions, streamlining public spending, supporting business environment and compliance with framework agreements with the European Commission and the International Monetary Fund, published in the Official Gazette of Romania, part I, no. 761 of November 9, 2009, staffing structures and related Heritage Institute for the investigation of Communist crimes in Romania and the National Institute for the memory of the Romanian exile, as well as other rights and obligations arising therefrom will be taken over by the Institute for the investigation of Communist crimes and the memory of the Romanian exile protocol-based teaching, according to the legislation in force.
On the date of entry into force of this judgment shall be repealed:
- the Government decision No.) 656/2003 on the establishment of the National Institute for the memory of the Romanian exile, with subsequent amendments, published in the Official Gazette of Romania, part I, no. 417 of 13 June 2003;
- b) Government Decree No. 1,724/2005 concerning the establishment of the Institute for the investigation of Communist crimes in Romania, published in the Official Gazette of Romania, part I, no. 1195 of 30 December 2005, with subsequent amendments and additions.