ROMANIA

Senat (en.)

 

In Romania, the two Chambers of Parliament have a specialised service system and their own administrative bodies, those ensuring the autonomous functioning of the Chambers. The structure of the Romanian Senate’s services has its legal basis in the provisions of the Senate’s Standing Orders, a document having the status of an internal law, and the provisions of the Senate’s Decision Nr 20/2001 regarding the structure of the Senate’s services, approved by the Standing Bureau on the Secretary’s General proposal.

The President and Standing Bureau of the Senate coordinate and control the entire activity of the Senate and its services. The activity of the services at the disposal of the Senators during their offices is managed and controlled by the Secretary General of the Senate, who is the main chief accountant and issues orders in exercising his powers. For the fulfillment of his attributions in ensuring the proper functioning of the Senate, the Secretary General is responsible before the Senate and the Standing Bureau. The Secretary General of the Senate coordinates the activity of the expert departments, provides the documents necessary to a proper development of the Standing Bureau’s works and plenary sessions, ensures communication between this legislative Chamber and the other institutions of the state by right.

According to the Standing orders, the services ensuring the functioning of the Senate are divided into departments, divisions, services, bureaux, and workshops.

The services of the Senate are thus conceived as to ensure the fulfillment of the attributions specific to the institution and contribute to the proper development of the legislative activity. To respond to those exigencies, the services of the Senate are organised taking into account the constitutional prerogatives of the institution, the requirements of the legislative process and modern management criteria operating in the domain of public institutions. The Senate of Romania has two large departments: the Legislative Department and the Department for IT, Budget, Accounting and Logistics. Those ones, in turn, are organised by divisions and services, depending on their specific activity. The Secretary General subordinates three autonomous divisions: the Division of the General Secretariat, the Foreign Relations Division, and the Human Resources and Passports Division.

The Legislative Department is the expert structure providing a direct support to the legislative activity, at each and every stage. The Legislative Department organises and ensures the conditions for the works of the plenum and the committees’ works, coordinates and controls the activity of the services that complete the legislative acts in accordance with the norms of legislative technique, and elaborate studies, syntheses, comparative analyses on issues from the legislative field, delivering information, documentary syntheses and other materials necessary to the legislative activity.

The staff employed in the Legislative Department ensures the expert assistance for senators on legislative matters, both as organising and documentary basis. In that respect, the experts of the department follow the path covered by bills and legislative drafts, keep the evidence of the nominal composition of the Senate’s Committees and that of the Parliament, of the parliamentary groups, of the senators and of the changes that come up during the parliamentary office and bring them to the knowledge of the Standing Bureau and the interested services, deliver synthesis data on the legislative activity for the Standing Bureau, Secretary General, press conferences organised in the Senate, and whenever those might be asked for; they design and maintain the legislative database in IT system; prepare and ensures the necessary conditions for the proper development of the works of the Senate’s plenum.

At the same time, by its expert divisions, the Legislative Department provides the senators, Standing Bureau and standing committees, parliamentary groups and the other departments in the Senate, by their request, with information, research syntheses, expert papers and other materials necessary to the legislative activity; it elaborates studies, syntheses and comparative analyses on legislative, economic, social matters, by the request of the Standing Bureau, standing committees, parliamentary groups, head of department or the Secretary General; elaborates comparative law analyses, by the request of the Standing Bureau, parliamentary groups, standing committees, and the Secretary General; manages the informative materials sent to the Senate by the public institutions in the country, as well as the materials sent by parliaments of other countries and international inter-parliamentary institutions and elaborates bulletins and subject syntheses on those materials; ensures the exchange of informing materials referring to the Senate’s legislative and parliamentary activities with similar departments of other countries’ parliaments.

The present structure of the Legislative Department gives the possibility to the members of the Senate to have quick easy access to the legislative information, at each and every stage, from the moment when the Senate is notified with the bill to the stage when the normative act is published in the Official Journal.

The working structures of the Senate, parliamentary groups and standing committees, benefit by an expert tank that elaborates the documents of the above mentioned and substantiates the adopted standpoints.

According to their sizes, the parliamentary groups establish their own technical secretariats with a structure settled by the Standing Bureau. The appointment and salaries of the secretariat’s members is established by order of the Secretary General, with determined period labour contracts, during the legislature. The appointment and dismissal of the staff working for the parliamentary groups are done when proposed by the respective parliamentary group.

From the material point of view, the parliamentary groups have the necessary logistics in order to perform their activities, as well as transport means, settled by the Standing Bureau in accordance with the size of the group.

In their turn, the standing and non-standing committees of the Senate have at their disposal a technical secretariat and an expert tank, employed on a undetermined period labour contract, and they contribute to the drawing up of the specific documents and a good performance of their activities.

For exercising the senatorial mandate, the constituencies organize, for each senator, a senatorial office, having as employed staff a head of senatorial office, a driver and a secretary-typist, staff included in the technical staff of the Senate. The employment of the senatorial office’s staff is on a determined period labour contract, by the Secretary General of the Senate, on the proposal of the respective senators. During their employment, the staff is considered as temporarily detached, under the stipulations of labour law. The labour contract of the senatorial office’s staff ceases on the senator’s order or, when the holder of the mandate ceases to be a senator, on the date when the new holder disposes.

The present organizational functional structure of the Senate, corresponding to the present legislating concept, has the mission to increase the share of the legislative activity within the standing committees, in order to render the legislative process efficient in the plenum of the Senate, to increase the role and quality of the staff’s activities and obviate the bad functioning by laying stress upon homogeneity, flexibility and good functioning, everything corroborated to optimize the informational flux of the legislative process and the activity of the Senate’s experts involved in the process.

Reorganising the services of the Senate, in June 2003, has taken into account the experience of other parliaments in this respect as well as the necessity of a structure as close as possible to the Chamber of Deputies, starting from the equal competencies of the two Chambers. Under the conditions when the Parliament adopted the bill for the revision of the Constitution, which was validated by popular referendum on the 19th of October this year, the partition of the legislative powers of the two Chambers requires a revision of the structure of the Senate's services, especially of those directly involved in the legislative process, in order to better correlate them with the new constitutional concept."