Government Decision No. 1373/2009
on Regulating Certain Aspects Arising from the Implementation of the Reorganization Measures Established by Law No. 329/2009 on the Reorganization of Certain Public Authorities and Institutions, Rationalization of Public Expenditure, Support for the Business Environment, and Compliance with Framework Agreements with the European Commission and the International Monetary Fund, and for Amending and Supplementing Government Decision No. 1000/2006 on the Organization and Functioning of the National Agency of Civil Servants
Published in the Official Gazette of Romania, Part I, No. 805, dated November 25, 2009.
Pursuant to the provisions of Article 108 of the Constitution of Romania, republished, and Article 5 paragraph (1) of Law No. 329/2009, the Romanian Government adopts this decision.
Article I
The National Agency of Civil Servants (NACS) shall be reorganized as follows:
a) The National Institute of Administration shall be dissolved through absorption merger, and its activity taken over by a newly established directorate within the NACS;
b) The regional centers for continuous training for local public administration shall be dissolved, with their activities taken over by newly established institutions subordinated to the NACS;
c) Reduction of posts.
Article II
In application of Article 6 paragraph (1) of Law No. 329/2009, staff of the National Institute of Administration shall be integrated into the NACS, within the approved number of posts. Staff of the regional centers shall be integrated into the newly established regional centers under the NACS, also within the approved number of posts for each.
Staff allocation shall be based on institutional needs, in accordance with professional training and competence, relative to the responsibilities of the respective departments.
Integration and salary setting shall be completed within 60 days from the effective date of this decision, in compliance with applicable legal provisions.
Staff that cannot be integrated within the approved number of posts shall have their employment or service contracts terminated, following legal procedures and with due social protection, as provided in Article 6 paragraphs (5) and (6) of Law No. 329/2009, within 60 days from the effective date of this decision.
Article III
The NACS shall take over the assets of the dissolved institutions under Article I, based on a handover protocol to be completed within 15 days.
A copy of each regional protocol shall be sent to the NACS.
The NACS shall forward the handover protocols to the Ministry of Administration and Interior.
Article IV
Ongoing or scheduled training programs of the National Institute of Administration shall be taken over and completed by the NACS under their existing conditions.
Ongoing projects of the Institute shall be continued by the NACS under existing conditions.
Regional centers shall continue current training programs for local public administration staff under the same conditions.
Financed training programs/projects for public administration personnel shall be continued by the newly established regional centers.
Article V
Amendments to Government Decision No. 1000/2006:
After Article 1(1), a new paragraph (11) is added, establishing that regional centers for continuous training shall operate under the NACS as legal public entities.
Article 1(2): the headquarters of the NACS is in Bucharest.
Article 2(1): the NACS is responsible for implementing public administration personnel policy and training strategies.
A new point (c1) is added to Article 2(2): “professional training in public administration.”
Article 4(1)(e): updated responsibilities for recruitment and promotion.
A new Article 5^1 is added detailing NACS’s training responsibilities, including specialized programs for various public administration roles and coordination of regional centers.
Article 11: new paragraph (3^1) makes the president of the agency a secondary authorizing officer.
Article 11(7): vice-president acts on behalf of the president if absent.
Article 14 updates maximum personnel (190 positions), structural organization, and establishment of a project implementation unit.
Article 17(1): NACS is funded through the state budget.
Article 17(1^1): revenues from training fees go to the state budget.
A new Chapter III^1 is added with Articles 171–175:
Article 171–172: regional centers’ structure, locations, leadership, and coordination.
Article 173: training and seminar responsibilities of the centers.
Article 174: composition and role of a consultative council for each center.
Article 175: financial provisions.
Two new Articles, 18^1 and 18^2:
Article 181: certificate model issued by the Ministry of Administration and Interior.
Article 182: local authorities must provide space for regional centers.
A new Article 20 declares that Annexes 1 and 2 are part of this decision.
The previous annex is replaced by Annex 1.
A new Annex 2 is added detailing jurisdiction of regional centers.
Article VI
Government Decision No. 1083/2004 on the organization and functioning of the National Institute of Administration and regional centers is repealed.
Article VII
Government Decision No. 1000/2006, as amended by this decision, shall be republished with updated numbering.
PRIME MINISTER
Emil Boc
Countersigned by:
Acting Minister of Administration and Interior: Vasile Blaga
President of the National Agency of Civil Servants: Andras Zsolt Szakal
Acting Minister of Education, Research and Innovation: Cătălin Ovidiu Baba
Acting Minister of Labor, Family and Social Protection: Mihai Constantin Șeitan
Minister of Public Finance: Gheorghe Pogea
Issued in Bucharest on: November 18, 2009
No. 1373
