for the approval of Government Emergency Ordinance No. 15/2005 concerning some measures for occupying, by contest, the vacant public positions within the public authorities and institutions involved in implementing the commitments Romania made during its accession negotiations with the European Union

Published in the Official Journal of Romania, Part I, No. 420, from May 18, 2005

The Romanian Parliament adopts the present law.

Unique article. The Government Emergency Ordinance No. 15 from March 3, 2005, concerning some measures for occupying, by contest, the vacant public positions within the public authorities and institutions involved in implementing the commitments Romania made during its accession negotiations with the European Union, Published in the Official Journal of Romania, Part I, No. 205, from March 10, 2005, is approved with the following modifications:

1.Article 1 will have the following content:

“Art. 1. -  The current emergency ordinance will be applied until October 15, 2005, for the situations stipulated in art. 42, para (1) from the Government Emergency Ordinance No. 92/2004 concerning the pay rights and other rights of the civil servants for the year 2005.”

2.Article 2 will have the following content:

“Art. 2. - By derogation from the provisions of art. 51, para (4) of the Law No. 188/1999 on the Statute of the civil servants, as subsequently modified and republished, the conditions for holding the contests organized by the public authorities and institutions stipulated in art. 1, are published in the Official Journal of Romania, Part III, at least 15 days before the date of the contest.”


3.Article 3 will have the following content:

“Art. 3. - The procedure for organizing and holding the contests is stipulated in the Government Decision No. 1209/2003 concerning the organization and development of the civil servants’ career, with subsequent modifications, with the following exceptions:
a) the public authorities and institutions that intend to organize contests for the occupation of vacant public positions have to ask for the assent of the National Agency of Civil Servants at least 20 days before the date of the contest;

b) the National Agency of Civil Servants has to give the assent according to point a) and communicate the full name and the position held by its member in the examination board no later than 5 days from the date of receiving the request;

c) the public authority or institution that organize and hold the contest has to set up the examination board and the appeal solving board  at least 10 days before the date of the contest;

d) the public authority or institution for which the contest is held has to make public at its headquarters, in the media and on its website, if the public authority or institution has one, the conditions for holding the contests, the bibliography and the documents necessary for the contest file at least 15 days before the date of the contest;

e) the candidates have to bring their application files within 5 days from the date when the necessary documents were made public as stipulated at point d);

f) the examination board has to select the contest files for the contest, taking into consideration the eligible criteria according to the contest requirements, no longer than 5 days from the deadline stipulated at point e);

g) the administrative act of appointing the respective civil servant is issued no later than 3 working days from the date the candidate was declared “passed”.

The present law was adopted by the Romanian Parliament, based on art. 75 and art.  76, para (1) from the Romanian Constitution, as republished.