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Ask a Romanian Lawyer | Romanian Law

The Official Gazette of Romania
– Tradition and Present Status of the State Official Publication -

The Official Gazette of Romania ("Monitorul Oficial al Romaniei") is the official legal publication of the Romanian State. The first copy was issued on December 8/20, 1832 under the name of "The Administrative Bulletin", and on December 22, 1832 its name was changed to "The Official Gazette" as decided by the Administrative Council of Wallachia, on November 16, 1832. For this reason we are entitled to consider this official publication among the first of its kind issued in Europe.

The official character of the publication must also be underlined. It is determined both by the state authority that produces the document which is to be published and by the legal character that the respective document acquires, a legal character that must be known and applied as such both by the authorities and by the citizens.

Although, because of objective circumstances, the official publication has changed its title and graphic format, its printing process has not ceased, its meaning and nature remaining the same since its first copies.

As there is only one official publication of the Romanian State, for the time being its publication is regulated by Law no. 202/1998 regarding the structure and organization of the Official Gazette of Romania (Monitorul Oficial al Romaniei, Partea I, nr. 423/10 November 1998). This law states that the publisher of the Official Gazette of Romania is the Chamber of Deputies and that the publishing of the official issue of the Romanian State is a public service performed by the Régie Autonome "Monitorul Oficial", working under the authority of the Chamber of Deputies.

The law stipulates that these publications are structured in 7 parts (sections), according to the nature of the papers that are to be published, as follows:

– Within Section I the following types of documents are published:

A. legal documents issued by Parliament: a) laws, decisions and motions; b) decisions and motions issued by the two Chambers of Parliament;

B. political documents issued by Parliament and by the two Chambers;

C. decisions issued by the presidents of the Chamber of Deputies and of the Senate;

D. documents issued by the President of Romania: a) decrees; b) messages and other papers addressed to Parliament;

E. documents issued by the Government: a) decisions, except for the military ones; b) ordinances issued on the grounds of a special law of competence; c) expeditions ordinances; d) general political declarations and other such statements;

F. normative acts of the specialised bodies of the central public administration subordinated to the Government, according to their competence established by law, adopted with a view to the enforcement of the law;

G. normative acts passed by the self-governing administrative authorities and by other public authorities, according to their competence established by law, adopted with a view to the enforcement of the law;

H. decisions and notifications of the Constitutional Court;

I. decisions declared by the Joint Sections of the Supreme Court of Justice, as a result of the settlement of the appeals in the interest of the law;

J. normative acts adopted by legal entities – other than public authorities – that have been granted competence by law to carry out the enforcement of certain laws;

K. other documents that, according to certain legal provisions, are to be published in Section I of the Official Gazette of Romania.

– Within Section II the following are published:

A. the shorthand records of the debates in the Chamber of Deputies and in the Senate;

B. the shorthand records of the joint meeting debates of the Chamber of Deputies and the Senate;

C. syntheses of the debates within the standing committees of the Chamber of Deputies and of the Senate;

D. reports and accounts submitted to Parliament by the public authorities, in accordance with the Constitution and other laws, after their prior discussion in Parliament.

– Within Section III, on the grounds of legal provisions, there are published legal acts, documents, official statements, notifications and others.

– Within Section IV, on the grounds of legal provisions, there are published legal acts concerning companies and other categories of legal entities, as well as other documents provided by legal provisions.

– Within Section V, there are published the collective labour contract concluded at national and branch level, the conventions and the recommendations of the International Labour Organization, as well as other documents provided by legal provisions.

– Within Section VI legal documents relating to public procurement are published.

– In Section VII, under the law, legal documents are published relating to cooperative companies and to other categories of legal entities established by cooperative companies, as well as other legal documents thereto.

With a view to a more transparent implementation of Law no. 202/1998, in the Order no. 6/1999 of the Secretary General of the Chamber of Deputies, there have been adopted in detail the proceedings of publication, republication and correction of documents in the Official Gazette of Romania, published in the Official Gazette no. 1 of January 8, 1999.

In order to fulfil its multiple publishing duties, through Government Decision no. 358 of July 1st 1991, the Régie Autonome "Monitorul Oficial" was set up, under the authority of the Chamber of Deputies, as a legal entity, which develops activities of national interest and works on the basis of economic management and financial autonomy. The main directions the managing board of the company has always followed are the provision of trained staff and technical upgrading.

It is worth mentioning that the Official Gazette of Romania, Section I, is also distributed through multimedia (disks, CD-ROMs etc.).

The Régie Autonome "Monitorul Oficial" publishes the official legal publications of the Romanian state and, according to its organization and functioning regulations, also develops other activities.

Thus, parts of the Romanian legislation were translated and published in subject brochures, editions in two or three languages (Romanian, French, English, German, Russian).

On the other hand, since 1998, the Régie Autonome "Monitorul Oficial" has published, in a special format, the traditional collections – quarterly law and decree collections and monthly ones –, containing the documents issued by the Government and by the special bodies of the central public administration.

As mentioned before, as an integrated public enterprise (publishing house and printing works), the company finances its own activity. Whenever it is possible, the company offers, on a permanent or occasional basis, its printing services to the most important publishing houses in the country.

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