Constitutional Project Timisoara art 120-123

Article 120: Establishment and management of the County Council
(1) The county Council is made up of a number of component members, ranging
between 35-45 members (including the 3 component members of the county
Council’s leading team too), depending on the total number of the inhabitants who
reached the age of 18 years, from the respective county-district, members elected
every 6 years, within the county-district Elections, individually, plus another 3
component members that make up the management team consisting of President,
respectively Vice-president, respectively Secretary general, who are elected every 6
years, within the county-district general Elections, at leading team level, from
among the electoral teams that run to this end for the respective Elections.
(2) The head of the County Council is the President, from the leading team, who
employs the rest of the wage personnel (with the exception of the members that
are elected, at individual level, within the county-district Elections).
(3) The elected members of the County Council make up the legislative body, of
county-district level, from the County Council structure, a body which gathers
periodically under the leadership of the County Council President.
(4) The legislative body of the County Council gathers on plenum as well as on
specialty Commissions, periodically, as well as whenever necessary.
(5) The maximum number of specialty Commissions of the legislative body of the
County Council is 10, a same one member of the respective body being able to act,
as a component member, in maximum 3 specialty Commissions.
(6) Among the specialty Commissions of the legislative body of the County Council
there cannot be missing the following: the Economic Commission for budget,
taxation policy and services supplying; the industrial-agricultural and research
Commission; the education and tuition Commission; the health and social
protection Commission; the culture and art Commission; the sports, tourism and
entertainment Commission; the Commission for relations and cooperation with
other institutions; the legislative-juridical Commission; the Commission for town
planning, territory arrangement and environmental protection.
Article 121: Election of members of the legislative and deliberative body of the
County Council
(1) The component members of the legislative-deliberative body of the County
Council are called: county Councilors.
(2) The county Councilors are classified into: Councilors components of the County
Council’s management team (composed of: President, Vice-president, Secretary
general), who are elected at team level, every 6 years, within the county-district
Elections, respectively into individual Councilors, elected every 6 years, within the
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county-district Elections, among the electoral management teams that run,
respectively among the electoral candidates that run for the respective Elections.
(3) Within the legislative, deliberative body of the County Council, each component
member is considered, in the main and by right, as elected representative, in an
electoral way, by the Population of the electoral constituency in which he/she run
and only auxiliary and in fact, as representative of the organizations that supported
him/her electorally (examples: civic, political-party like, ethnic, religious as well as
specific types of population categories), being forbidden the organizing and
coordinating, during the plenum meetings, respectively during the meetings in the
specialty Commissions of the legislative-deliberative body of the County Council, of
the voting mode, through the agency of the representatives of specific interest
groups (of those previously exemplified).
(4) For the preliminary selection of the electoral candidates who make up electoral
management teams of the County Council, respectively for the validation of the
election of the winning management team, respectively for the validation of the
carrying on of the county-district elections, depending on the number of voters
(electors) participating in the election, there are applied, adequately adapted, for
the election of the County Council’s leading team, the provisions of the Article 118,
paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13).
(5) In order that an electoral candidate for the function of individual Councilor to be
elected it is necessary that the respective candidate to get a number of votes equal
to minimum 3% of the total number of valid votes, within the respective voting
category of the county-district Elections, within the respective county-district.
(6) In order that the county-district Elections for the election of the component
members of the County Council’s consultative-deliberative body in a certain county
district to be validated, it is necessary that in the respective elections to participate
minimum 51% of the total number of electors of the respective county district, on
the one hand, and, on the other hand, it is necessary that, at the respective
Elections, to be validated the election of a management team of the County
Council, as well as to be validated minimum 85% of the total number of councilors,
components of the County Council, the total number being established depending
on the number of the inhabitants who reached the age of 18 years, of the
respective county district, in conformity with the legislative provisions, stipulated to
this end, within the constitutional Law afferent to the district administration.
(7) In case the Elections for the County Council’s management team, respectively
for the other members, that should be elected in the composition of the legislative
–deliberative body of the County Council, are not validated, there are applied,
adequately adapted to this type of county-district Elections, the provisions of the
Article 118, paragraph 8.
(8) Other legislative provisions afferent to the forming and functioning mode of the
County Council make the object of the constitutional Law for the district
administration as well as of other connected laws of the state legislative System.
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Section IV: State Institutions, devolved at county-district level, of the component
ministries of the Presidential Government, respectively of the Societal
Government
Chapter I: Devolved State Institutions, at county-district level, afferent to the
component ministries of the Presidential Government
Article 122: Institution of the Presidential-County Prefecture
(1) The Institution of the Presidential-County Prefecture is the State institution, of
county-district level, set up by applying the principles of decentralization,
respectively of devolution of the administrative activity, at state level, of the
Presidential Government, as coordination institution, respectively as representation
institution at county-district level.
(2) The Institution of the Presidential-County Prefecture is led by a management
team made up of: presidential-county Prefect, respectively presidential-county
Vice-Prefect and respectively presidential-county Secretary General, appointed by
the State President, as Prime-Minister of the Presidential Government, for a 6 year
mandate.
(3) The headquarters of the presidential-county Prefecture is placed in the capital
of the afferent county-district.
(4) In case of the county-districts whose county capital is the province capital too,
the administrative role of the Presidential-County Prefecture, as State Institution, is
accumulated in the forming and functioning of the Presidential Provincial
Prefecture Institution.
(5) Within the Presidential-County Prefecture there are and function corresponding
administration Directorates, at county-district level, afferent to the component
ministries of the Presidential Government (examples: the Fiscal-Financial
Directorate, the Order, Guard and Protection Directorate a.o.).
(6) All distinct institutions, of ‘county-administration directorates’ type, afferent to
the component ministries of the Presidential Government, are coordinated
functionally, at the county-district level, by the afferent presidential-county Prefect.
(7) The types of county Directorates provided to exist within each Presidential-
County Prefecture make the object of the provisions of the constitutional Law for
the district administration, as well as the object of other connected laws of the
state legislative System.
Chapter II: Institution of the Societal-County Prefecture
Article 123: Societal-County Prefecture
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(1) The Societal-County Prefecture is the State institution of county-district level,
set up with the purpose of applying the principles of decentralization, respectively
of devolution of the administrative activity, at county-district level, of the Societal
Government’s component ministries.
(2) The Institution of the Societal-County Prefecture is led by a management team
made up of the societal-county Prefect, the societal-county Vice-Prefect and the
societal-county Secretary General, being appointed by the Prime-Minister of the
Societal Government, for a 6 year mandate.
(3) The Societal-County Prefecture has its headquarters in the county capital of the
afferent county.
(4) In case the county capital of a county district coincides, as town, with the
provincial capital of a provincial district, the coordinating and functional role of the
Societal- County Prefecture of the respective county district is taken over by the
Societal Provincial Prefecture of the afferent provincial district.
(5) Within the Societal-County Prefecture there are and function corresponding
administration Directorates, at county-district level, afferent to the component
ministries of the Societal Government (examples: the Fiscal-Financial Directorate;
the Justice Directorate: the county-Justice Tribunal; the Industrial and Research
Directorate; the Commercial and Services Supplying Directorate; the Order, Guard
and Protection Directorate; the Health and Social Protection Directorate; the
Education and Tuition Directorate; the Culture and Art Directorate; the Transports
Directorate; the Telecommunications Directorate; the Sports and Tourism
Directorate a.o.).
(6) All institutions of ‘county administration Directorates’ type, afferent to the
component ministries of the Societal Government, are coordinated, functionally, at
the county district level, by the afferent societal-county Prefect.
(7) The types of county directorates afferent to each Societal-County Prefecture
make the object of the provisions of the constitutional Law for the district
administration, as well as the object of other connected laws of the state legislative
System.
( to be continued )
Lorin Fortuna
Head of the Constitutional Group “ Timisoara “
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