JUDGMENT No. 1372 on November 18, 2009
on the establishment, organization and functioning of the Institute for the investigation of Communist crimes and the memory of the Romanian exile
PUBLISHED IN: MONITORUL OFICIAL NR. 802 November 25, 2009
Pursuant to article 1. 108 of the Constitution of Romania, republished, and art. 5 para. (1) of law No. 329/2009 concerning the reorganization of certain public authorities and institutions, streamlining public spending, supporting business environment and compliance with framework agreements with the European Commission and the International Monetary Fund,
The Government of Romania adopts this decision.
(1) there is hereby established the Institute for the investigation of Communist crimes and the memory of the Romanian exile, hereinafter referred to as the Institute, a public institution with legal personality, subordinated to the Government and in the coordination of the Prime Minister, by merging through merger of the Institute for the investigation of Communist crimes in Romania with the National Institute for the memory of the Romanian exile, public institutions are dissolved.
(2) the Institute shall have its seat in Bucharest, str. General David Praporgescu nr. 33, sector 2.
The Institute aims to:
- the scientific investigation and identification) crimes, abuses and human rights violations throughout the period of the Communist regime in Romania, as well as referral to law enforcement agencies in those cases in which they are identified situations of violation of the law;
- b) activity of collecting, archiving, research and publication of the documents relating to the Romanian exile from the period 1940-1989, and solving problems related to a pending the former exile.
(1) in order to achieve the goals referred to in art. 2(a) the Institute has the following), main tasks:
- to legally) institutionally Communist power system in place;
- (b) the nature of the relationship between) highlights the assets of the party and the former Communist secret police, between this and the other links of the repressive system from Romania;
- c) describe how the Organization and functioning of those institutions in the administration of the Police Act;
- d) presents party activists, officers and magistrates who worked within the apparatus of repression;
- e) identifies abuses and crimes committed, ordered or inspired by people who occupied the functions referred to in subparagraph (a). d);
- f) gathers, documents and testimonies with regard to all actions which have violated human rights and freedoms in the Communist regime and on their basis the matter of criminal investigation bodies, regardless of the time and the circumstances in which they occurred;
- g) identifies those responsible for the apparatus of the communist propaganda, responsible for administrative and economic decisions that led to manifestations of repression in social and cultural life, from daily rationing of food up to limit access to information, arts and culture, through acts of censorship;
- h) brings to the attention of public opinion crimes, abuses, instigările crimes in the name of "class struggle", perpetrated by people who occupied the functions referred to in subparagraph (a). d);
- I) organizes Museum spaces made available by institutions and Central and local public authorities;
- j) organizes scientific research activities, conferences, exhibitions or seminars informative-educational studies and documents resulting from research;
- k) formulate views on crimes, abuses and violations of human rights committed during the period of the Communist regime in Romania, which could lead to the elaboration of draft normative acts with the purpose reparatoriu;
- It develops, coordinates and) participate in programs and/or research projects, internships and training in the field of study and investigation; 2(a) a);
- m) establish partnerships with public and private non-governmental organizations, universities, research institutes in the country and abroad, Central and local public authorities, with a view to the carrying out of projects and programs of research in its field of activity, with the approval of the Chief authorising officer.
(2) in order to attain the objects referred to in art. 2(a) (b)), the Institute has the following main tasks:
- to carry out studies and research) in the country and abroad, to deepen knowledge of the phenomenon of the Romanian exile;
- b) acquires or receives donations-any testimony, document of the times publication of former exile or about it;
- c) identifies, bring in the country and preserves the documents of the former exile, in original or copy, in whatever medium, scattered in different countries of the world;
- d) finances the editing and re-editing, printing and publication of memoirs, books, studies, articles, correspondence, photographic memory and video, document collections, photographic albums related to the former Romanian exile;
- e) organize meetings and seminars devoted to the exile and represents research in this field at national and international scientific meetings;
- f) constitutes a deposit covering all publications, books, collections of magazines, newspapers, manifest and other documents of the former exile during the period 1940-1989;
- g) constitute a point of reference and communication with people in the former exile who continued to remain abroad;
- h) supports the material, within the limits of the appropriations allocated by the budget, those institutions of the former exile who must remain abroad, as the Romanian presence active in those countries.
(3) In order to carry out duties incumbent on him under paragraph 1. (1) the Institute may apply to the National Council for studying the Security Archives, as well as other authorities in order to obtain information, documents or documents in connection with its field of activity, in accordance with the law.
For the performance of duties under article 4. 3 paragraphs 1 and 2. (1) the Institute aims:
- to compose a classified system) of the types of crimes, abuses and violations of human rights throughout the period of the Communist regime and the establishment of decision-making and responsibilities for each of them;
- (b) creation of a database) database containing the names of former party activists from nomenclature, the name of former Security frameworks, the name of former army officers, militiamen and magistrates who participated in the police actions;
- (c) identification of those laws) decrees, decisions of the Council of Ministers, ministerial decisions, internal regulations and other, secret or unclassified, which formed the basis of the organisation and functioning of the repressive apparatus;
- d) publication of quarterly reports and an annual report that will summarize the results of investigations undertaken;
- e) establish partnerships with public and private non-governmental organizations, universities, research institutes in the country and abroad, Central and local public authorities, with a view to the carrying out of projects and programs of research in its field of activity, with the approval of the Chief authorising officer.
(1) the Institute is headed by a President, appointed for a term of five years by decision of the Prime Minister.
(2) the President shall be the authorising officer for appropriations and is a tertiary Institute in dealings with third-party individuals and legal entities.
(3) In exercise of his powers the President issue decisions and orders.
(4) the President may delegate, in accordance with the law, part of his duties to an employee with managerial post of the Institute.
(1) in addition to the Institute is organized and operates a Council, an advisory body, consisting of 15 personalities of civil society, with the task of determining the overall objectives of the Institute and to approve its reports.
(2) members of the Board are appointed by the President of the Institute, and shall not be remunerated.
(3) the Chairman shall convene meetings of the Board and lead.
(1) the Institute is financed entirely from the State budget through the budget of the General Secretariat of the Government.
(2) the maximum number of posts of the Institute is 42, with enrolment in the approved budget allocations.
(3) the structure of the chapters on stations of State functions and staffing structure is approved by order of the President.
(4) the powers, duties and responsibilities of the personnel employed in the Institute shall be determined by job description.
(5) staff who work at the Institute is engaged with the individual contract of employment and is paid according to the rules of law applicable to the contractual budget-sector staff.
The Institute may use for its activity supplies materials received from natural persons and legal entities in the form of donations and sponsorships, while complying with the legal provisions in force.
For specific activities, the Institute has a number of 7 cars and a minibus for transport of people and cargo, with an average fuel consumption of standardised 300 litres/vehicle/month, with enrolment in the approved budget allocations.
Within 15 days from the date of entry into force of the present judgment, the budget appropriations remaining unused on the date of entry into force of law No. 329/2009 concerning the reorganization of certain public authorities and institutions, streamlining public spending, supporting business environment and compliance with framework agreements with the European Commission and the International Monetary Fund, published in the Official Gazette of Romania, part I, no. 761 of November 9, 2009, staffing structures and related Heritage Institute for the investigation of Communist crimes in Romania and the National Institute for the memory of the Romanian exile, as well as other rights and obligations arising therefrom will be taken over by the Institute for the investigation of Communist crimes and the memory of the Romanian exile protocol-based teaching, according to the legislation in force.
On the date of entry into force of this judgment shall be repealed:
- the Government decision No.) 656/2003 on the establishment of the National Institute for the memory of the Romanian exile, with subsequent amendments, published in the Official Gazette of Romania, part I, no. 417 of 13 June 2003;
- b) Government Decree No. 1,724/2005 concerning the establishment of the Institute for the investigation of Communist crimes in Romania, published in the Official Gazette of Romania, part I, no. 1195 of 30 December 2005, with subsequent amendments and additions.
The Secretary general of the Government,
- Minister of labour,
family and social protection, interim
Secretary of State
Minister of public finance,
Bucharest, November 18, 2009.