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DECISION No 652 of 27 May 2009 on the organization and functioning of the Ministry of Justice - updated on 26 June 2018

Pursuant to Article 108 of the Constitution of Romania, republished, to Article 40 (1) of Law No 90/2001 on the organization and functioning of the Romanian Government and its ministries, as subsequently amended and completed, and to Article 19 (1) of the Government Emergency Ordinance No 221/2008 establishing reorganization measures within the central public administration, as subsequently amended, the Government of Romania adopts this decision.

The full GD can be accessed here.

REGULATION of 19 January 2011 on the organization and functioning of the Ministry of Justice - updated on 4 May 2018

The Ministry of Justice, hereinafter referred to as the ministry, is the specialized body of the central public administration, with legal personality, subordinated to the Government, which contributes to the proper functioning of the judiciary and to ensuring the conditions of the administration of justice as a public service, the defence of legal order and of the rights and freedoms of citizens.

The whole Regulation can be accessed here.

Under Government Decision No 652 of 27 May 2009 on the organization and functioning of the Ministry of Justice, as subsequently amended and completed (in force since 29 September 2015), the Romanian Ministry of Justice has the following main functions and tasks:

Main functions:

  • establishes public policies, strategies and action plans in the area of justice, of prevention and fight against corruption, and also of serious crimes, inclusively in line with the objectives of the governance program;
  • regulates the legal and institutional framework of the judiciary and of the administration of justice as a public service;
  • coordinates and controls the uniform application of the compliance with the legal rules on the organization and functioning of the institutions under its subordination or coordination;
  • ensure the authority referred to in Article 132 (1) of the Constitution of Romania, republished, in accordance with the laws on the organization of the judiciary and the administration of justice as a public service;
  • ensures respect for the legal order and observance of the rights and freedoms of citizens, by the means and procedures made available by this decision or by other regulations;
  • represents the State or Government in the specific field of activity and competence established by this decision or by other regulations;
  • is a central authority in the field of international judicial cooperation, in accordance with the treaties to which Romania is a party and to the legal instruments adopted within the European Union;
  • coordinates the integration of the efforts to achieve the specific benchmarks under the Cooperation and Verification Mechanism established by the European Commission Decision 2006/928/EC of 13 December 2006 and integrates the information requested from the authorities by virtue of this function; represents the State and the Government in cooperation with the European Commission under the Cooperation and Verification Mechanism.

Main duties:

I. in the field of strategic planning and functioning of the judiciary and of justice as a public service:

1. makes proposals for the Government’s legislative program in its area of competence in order to fulfil the governance program;
2. establishes, coordinates and evaluates the implementation of strategies and programs and ensures their promotion;
3. negotiates, implements, monitors and evaluates the international technical and financial assistance programs for the judiciary and for the prevention of crime and corruption, irrespective of the beneficiary institution or which implements them;4. exercises the powers provided for in the Constitution and other regulations with regard to the organization of the judiciary and the proper functioning of justice as a public service;
4. exercises the powers and procedures laid down by the laws or other regulations to ensure the exercise of the authority referred to in Article 132 (1) of the Constitution of Romania, republished;
5. prepares draft regulations within its area of competence and contributes to supporting them in Parliament;

II. in the field of regulating and improving the regulatory framework:

1. there are, in accordance with the law, committees for the preparation of draft codes and other complex legislative acts in the area of justice, being authorized, on an exclusive basis, to edit and publish the official versions thereof;
2. elaborates draft legislative acts relating to its area of activity; participates in the support of draft laws in the parliamentary committees and the plenary of the two Chambers;
3. assesses the legislation, in the area of competence, from the point of view of constitutionality, of legislative technique and compatibility with the EU acquis and international treaties and conventions, or other legal documents of an international nature to which Romania is a party, and proposes to the Government, to other ministries or authorities solutions for legislative improvement, inclusively in the form of draft legislative acts;
4. makes proposals to promote an appeal in the interest of the law;
5. participates, on a case-by-case basis and within its scope of competence, under the tasks entrusted to it by the Government, at the process of completing other draft legislative acts in the field of activity of other ministries or public authorities;
6. analyses and endorses, as appropriate, exclusively with regard to constitutionality, legality and legislative technique, the draft legislative acts prepared by other ministries;
7. participates, on a case-by-case basis, in accordance with the law and within its scope of competence, by virtue of the tasks entrusted by the Government, in the general legal advice and assistance of the Government, inclusively in the situations of constitutional or other conflict and in negotiations of international agreements;
8. edits newsletters, collections of legislative acts and judicial practice, as well as other materials in its field of activity, being exclusively authorized to edit and publish the official editions of the codes and of other complex legislation;
9. distributes, free of charge, the codes and other complex legislative acts, which it is exclusively authorized to edit and publish in official editions, to the public institutions for which the Ministry of Justice is the chief authorizing officer, as well as, within the limits of the funds available, to the institutions with which it cooperates and works together institutionally; within the limits of available funds, may distribute information materials may distribute to individuals;

III. in the international field of citizens’ rights and freedoms:

1. exercises the powers of central authority in the field of international judicial cooperation, as well as those laid down in the international treaties and agreements with an interest in the area of justice;
2. carries out the formalities for the negotiation and signature of international treaties with an interests in the field of justice;
3. substantiates, coordinates and ensures, within its areas of competence, the establishment and achievement of the objectives of Romania as a Member State of the European Union, the participation in the European Union’s decision-making procedures and the fulfilment of the obligations of resulting from its capacity of Member State;
4. supports, at the request of the public institutions concerned, the preparation of Romania’s representation within the procedures before the European Court of Human Rights and the Court of Justice of the European Union in the cases concerning its fields of competence;
5. participates in the Justice and Home Affairs Council and in other international meetings within its scope of competence;
6. put makes proposals for requests for pardons;

IV. in the field of supervision of the execution of penalties:

1. coordinates the work of the probation system and the penitentiary system;
2. coordinates the execution of custodial sentences, educational measures and of other measures involving or not deprivation of liberty and ensures the conditions for the respect of the rights of persons for whom such penalties or measures have been ordered;
3. prepares the preparatory works and makes proposals in relation to requests for pardons and commutation of penalties;

V. in the field of organization, coordination and control of professions and related legal services:

1. carries out the tasks entrusted by law with regard to public notaries, bailiffs, bank executors and executors of credit cooperative organizations, non-bank financial institutions and microfinance companies;
2. authorizes the operators and agents of the Electronic Archive of Real Movable Guarantees and carries out the duties assigned by law, as the Archive’s supervisory authority;
3. authorizes the interpreters and translators to be used for judicial purposes;
4. coordinates, in accordance with the law, the activity of authorization and evidence of forensic experts;
5. coordinates from the administrative and methodological point of view the activity of judicial technical expertise;
6. coordinates the activity of the National Trade Register Office and of the Trade Register Offices attached to law courts;
7. manages the National Register of Non-profit Legal Entities and carries out the duties regarding the verification of the availability of the name, in accordance with the law;
8. carries out the tasks provided for by the law in connection with the grant of public judicial aid, legal assistance in criminal matter and legal assistance in the cases concerning the international judicial cooperation in civil and criminal matters;

VI. Repealed

VII. in the field of resource management:

1. carries out the duties entrusted with regard to the recruitment, appointment and dismissal of its staff and other categories of staff who, in accordance with the law, is appointed by order of the minister of justice and with regard to their career management;
2. carries out the duties laid down by law in connection with officials with special statute within the National Administration of Penitentiaries (ANP);
3. provides the necessary funds, substantiates and establishes the draft budget for its own activities, of the public institutions in the judiciary for which the minister of justice has the capacity of Chief Authorizing Officer and of the units subordinated to the Ministry; allocates the budgetary credits to secondary authorizing officers and follows the way in which they are to be used;
4.coordinates and guides the economic, investment, procurement and administrative activities of the law courts, of its own apparatus and of the entities subordinated to the Ministry, being able to issue, in accordance with the law, binding rules and instructions for the uniform application of legal regulations; the rules and instructions are binding for both secondary and direct third credit authorizing officers and for the credit authorizing officers subordinated to the secondary authorizing officers; the role of coordination and guidance of the economic, investment, procurement and administrative activity of law courts shall be carried out in the same way as and at the level of the secondary authorizing officers as the subordinated authorizing officers;
5. coordinates the implementation of external financing projects for all its fields of activity and manages the funds coming from external credits and non-reimbursable external funds afferent to such projects;
6. elaborates the Strategy for judicial information of the judiciary; implements the Government’s computerization strategy and programs in the units of the judiciary; coordinates, guides and monitors from a technical, methodological and professional point of view the IT activity of law courts and of their subordinated units;
7. provides control over the printing and movement of the judicial stamp, in accordance with the legal provisions;
8. manages, in accordance with the law, the amounts coming from judicial stamp duties, as well as from the taxes collected from lawyers’, public notaries’ and bailiffs’ fees;
9. ensures the legal protection of its own patrimony and legitimate interests in law courts;
10. ensures access to and implementation of projects and programs with international funding within its scope of competence;
12. coordinates and guides the statistical work of law courts and prosecutor’s offices, and may issue, in accordance with the law, binding rules and instructions for the uniform application of legal regulations;

VII.1. in the field of internal public audit:

a) organizes and ensures, in accordance with the law, the exercise of internal public audit activities at the level of the Ministry;
b) agrees to establish and maintain a functioning internal public audit compartment, for the units subordinated to the Ministry and for the public units of the judiciary, financed from the State budget, for which the minister of justice is the Chief Authorizing Officer;
c) endorses the appointment or dismissal of the heads of the internal audit compartments within the public institutions for which the minister of justice is the Chief Authorizing Officer, of internal auditors (to internal audit structures in the absence of the head of compartment), as well as its specific own methodological standards prepared by the units subordinated to the Ministry and law courts, which have created the organizational and functional framework of the public internal audit, and propose them for approval to the minister of justice;
e) verifies the compliance with the rules, instructions and the Code on ethical conduct by the internal auditors within the public internal audit compartments, where they are established at the level of the courts of appeal and of the units subordinated to the Ministry, and may initiate the necessary corrective measures, in cooperation with the head of the public entity concerned;
f) carries out audit activities on the organization and coordination of the grant of judicial public aid at the level of the Ministry and of the law courts for which the minister of justice is the Chief Authorizing Officer;
g) carries out internal audit activities on all activities carried out with regard to the training and use of public funds, as well as the management of public and private property of the State. Internal audit activities shall assess whether the financial management and control systems of the public entity are transparent and comply with the rules of legality, regularity, cost-effectiveness, efficiency and effectiveness;
h) carries out ad hoc audits, i.e. internal audit missions of an exceptional nature, not included in the annual internal audit plan;
i) advises the management of the Ministry, its subordinated units and the public institutions within the judiciary, respectively law courts and courts of appeal, where at their level no internal public audit compartment is set up for the proper administration of public funds, in order to refine their activities and help achieve the objectives through a systematic and methodical approach, to improve the efficiency and effectiveness of the management system based on risk management, internal control and administration processes;
j) elaborates the draft implementing rules for the internal audit activity within the Ministry, approved by the minister of justice, endorsed by the Ministry of Public Finance’s Central Unit for Public Internal Audit Harmonization (UCAAPI);
k) elaborates the work instructions in the field of internal audit, for the activities of the compartment, to be approved by the minister of justice;
l) draws up the draft annual internal audit plan and the strategic plan, which it submits for approval to the minister of justice;
m) informs the UCAAPI about the recommendations not adopted by the head of the public entity audited, as well as about their consequences;
n) regularly reports on the audit findings, conclusions and recommendations resulted from the audit activities;
o) immediately reports to the minister of justice and to the competent control structure competent to continue the checks, in the event of finding the existence or possibility of irregularities;
p) monitors the implementation of the recommendations formulated in the internal audit reports, concluded following the audit missions which were included in the annual audit plan, and examines the monitoring report of each unit subordinated to the Ministry and of the law courts for which the minister of justice is the Chief Authorizing Officer;
q) draws up the annual internal audit report for the Internal Public Audit Service activity;
r) draws up the annual central audit activity report, on the basis of the data provided by the internal audit structures organized at the level of the units subordinated to the Ministry and of the law courts;
s) carries out the in-house advisory and internal audit work for the actions involving the management of reimbursable or non-reimbursable external funds carried out by the Ministry and by the units under its subordination, as well as the law courts, as beneficiaries, on the basis of the annual audit plan approved by the minister of justice;
t) draws up the methodological rules for carrying out internal audit activities relating to the performance of the programs financed by external reimbursable or non-reimbursable funds, taking into account the legal framework applicable in this matter, which it shall submit for approval to the minister of justice;
ț) ensures the supervision of internal public audit missions carried out at the level of the subordinated units and public institutions within the judiciary, funded from the State budget, for which the minister of justice is the Chief Authorizing Officer, which have set up an audit compartment composed of a single internal auditor;
u) coordinates, guides and assesses from the professional point of view the internal audit work carried out at the level of the subordinated units and public institutions within the judiciary, funded from the State budget, for which the minister of justice is the Chief Authorizing Officer, which have set up an internal public audit compartment, through assessments carried out under the law both on the audit work performed and on the professional performance of internal auditors. The evaluation report will be prepared by the head of the Ministry’s Internal Public Audit Service, for internal auditors within the audit compartments which do not have a head of compartment. The evaluation reports will be countersigned by the presidents of the courts of appeal;
v) coordinates, guides and assesses technically and methodologically the internal public audit work of the subordinated units and of public institutions within the judiciary, funded from the State budget, for which the minister of justice is the Chief Authorizing Officer, which have set up the internal public audit compartment and may, in accordance with the law, issue binding rules and instructions for the uniform application of legal regulations;
x) ensures that the audit work is carried out within the units subordinated to the Ministry and the public institutions within the judiciary for which the minister of justice is the Chief Authorizing Officer, who have set up no internal public audit compartment;
y) ensures the preparation of the works, the information and report on the audit work, as required by the legal provisions in the field of internal public audit;
z) ensures participation and representation in audit committees organized for the assignment of internal auditors, committees of accreditation of internal auditors, other committees or other public bodies/structures/institutions in the field of internal audit.

VIII. Other tasks:

1. Provides the necessary conditions for the provision of medical assistance to staff in the justice system, according to the law;
2. Takes measures to ensure the safety and health conditions at work and prevention of accidents at work and occupational diseases at the level of the personnel of the apparatus;
3. Ensure the conditions for rest, treatment and recovery of the health status of staff in the justice system; Ensure, by NPA (National Penitentiary Administration), the management of the material base in administration, consisting of rest houses, treatment, clubs, hotel establishments and other facilities for this purpose; Perform maintenance and repair work;
4. Fulfils the duties provided for by Law No. 182/2002 on the protection of classified information, with subsequent amendments and additions, and by government Decision No. 585/2002 for the approval of national standards for the protection of classified information in Romania, with subsequent amendments;
4.1. Cooperate with the debt recovery offices or authorities of the other Member States of the European Union, by exchanging information and good practice, in order to facilitate the tracing and identification of the goods resulting from the Offences and other assets relating to offences which may be subject to a confiscation or unavailability provision. In carrying out the tasks resulting from Council decision 2007/845/JHA of 6 December 2007 on cooperation between the recovery offices of the Member States in the field of the pursuit and identification of products arising from the committal of crimes or other goods related to crimes, the Ministry of Justice shall cooperate, by exchanging information, with the national institutions involved in the confiscation or unavailability of goods, such as: the National Registry Office Trade, parquet and courts, Ministry of Administration and Interior and police bodies, Ministry of Public finances and defocused public institutions, financial guard, national Customs Authority, National agency of Tax administration, the National Agency for Cadastre and real estate advertising, the National Office for Preventing and Combating money laundering, and any other authority that could provide the necessary information;
5. Fulfils any other duties established by law or by government decisions, as well as the assignments entrusted by the Government or the Prime Minister.

In exercising its powers, the Ministry will adopt a policy of institutional collaboration with the other ministries and specialized bodies of the central public administration, the Superior Council of Magistracy, the Public Ministry, the National Union of Romanian Bars, the National Union of Notaries Public of Romania, the National Union of Bailiffs and other public authorities, the associations of judges and prosecutors and other professional associations or non-governmental organizations, while safeguarding its objectives and policies in the area of competence.

List of institutions subordinated to the Ministry of Justice:

Name Address E-mail Telephone
National Institute of Forensic Expertise Blvd. Regina Elisabeta No 53, sector 5, Bucharest 050014 e-mail: inec@inec.ro website: http: //www.inec.ro Tel.: 021-407.63.21,
021-310.32.91
Fax: 021-315.84.97
National Administration of Penitentiaries Str. Maria Ghiculasa No 47, Sector 2, Bucharest Website: www.anp.gov.ro Tel: 021-208.61.50
Fax No: 021-242.05.05,
021-242.60.78,
021-242.81.82
 ‘Prof. dr. Constantin Angelescu’ Hospital Aleea Cauzasi, No 49-51, Sector 3, Bucharest E-mail:

spitalul_angelescu@yahoo.com

Tel.: 021-323.30.40,
021-323.30.41;
021-323.30.42,
021-323.30.43,
021-323.30.44
Fax: 021-323.30.24
National Agency for the Management of Seized Assets Blvd. Regina Elisabeta No 3, sector 3, Bucharest E-mail:

anabi@just.ro

https: //anabi.just.ro

Tel. (+ 4) 0372 573 000, Fax:
(+ 4) 0372 271 435
Medical Centre for Diagnosis and Ambulatory Treatment Str. Nerva Traian, No 6, Bl. M39, sector 3, Bucharest, 031046 E-mail: cmdta@just.ro Tel.: 021-323.94.24
Fax No: 021-323.94.14
National Trade Register Office Blvd. Unirii No 74, Bl. J3b, Sector 3, Bucharest, Post Code: 030837 E-mail: onrc@onrc.ro Tel.: Tel. +
4021-316.08.04
/17/18/24 Fax: TEL. + 4021-316.08.03
National Authority for Citizenship Str. Smârdan No 23, Bucharest E-mail: cabinetanc@just.ro

(interinstitutional correspondence address)

cetatenie@just.ro (address for petitions and general information)

presa.anc@just.ro (address for the relation with media)

Fax:
021-315.35.43 calling robot at number 021-201.93.55.
National Directorate for Probation Str. Apolodor No 17, sector 5, Bucharest dp@just.ro Tel.: 0372.041.293
National Institute of Criminology Str. Apolodor No 17, sector 5, Bucharest Tel.: 037.204.1171

Fax: 037.204.1171