THE NATIONAL TRADE UNION OF THE DICASTERIAL JUDICIAL REGISTRY ARTICLES OF ESTABLISHMENT
CHAPTER I – GENERAL PROVISIONS
Art. 1 – Name, seat and insignia
- The name of the organization is ”The National Trade Union of the Dicasterial Judicial Registry”. The name “Dicasterial Trade Union” can also be used for the organization name.
- The Dicasterial Trade Union is based in Timisoara and can open secondary offices in any city in the
- The Dicasterial Trade Union may have logo, header, stamp, an account in RON and in foreign
The Dicasterial Trade Union may have email address, its own home page, and a social networking page.
Art. 2 – The purpose of establishment of the Dicasterial Union
- The Dicasterial Trade Union protects the lawful rights and interests of the trade union members in accordance with the Romanian Constitution and the laws of the country. The Dicasterial Trade Union is acting on behalf of the members, having an active procedural capacity, according to the
- The fundamental principles of the organization and functioning of the Dicasterial Trade Union are Democracy – Equality of rights – Solidarity –
- The Dicasterial Trade Union is independent of all state bodies, political parties and any other organizations, regardless of the level at which they are
Art. 3 – The Objectives of the Dicasterial Trade Union
1) To support, at all levels, the rights and interests of its members.
- To protect the freedom of action and opinion of the trade union
- To pursuit the professional and social protection for the members of the Dicasterial Trade
- To define and support the drafts of legislative acts or amendments to the existing legislation, related to any of the rights and/or legitimate interests of its
- To organize and support actions of professional, economic, humanitarian, social, cultural and sport
- To promote and support actions meant to improve the working
- Permanent approaches in order to improve the normative framework specific to the organization and functioning of the judicial
- To collaborate with other trade union and/or professional organizations in the country and
- To promote and improve the trade union
CHAPTER II –THE TRADE UNION MEMBERSHIP
Article 4 – Acquirement of the trade union membership
- The membership of the Dicasterial Trade Union can be acquired by the auxiliary specialized and related personnel, as well as the contractual personnel within the courts and the corresponding prosecutor’s offices attached, within the National Anticorruption Directorate, the Directorate for the Investigation of Organized Crime and Terrorism, or any other an institution subordinated to the Ministry of Justice, the Public Ministry and the appropriate education institutions, including the auxiliary personnel working in the Ministry of Justice, the Superior Council of Magistracy or the National School of Clerks, who fulfills the legal conditions, irrespective of nationality, race, sex , age, political and religious beliefs, which recognizes and respects the provisions of the statute, pays the contribution and actively, morally and materially supports its work, as well as the trade union organizations to which it is
- The membership quality is acquired on request. The request can be submitted by any means of transmitting the text – post, fax, e-mail.
- The quality of honorary member of the Dicasterial Trade Union may be granted by leading bodies of the Dicasterial Union, as a distinction, to outstanding
- The honorary members of the Dicasterial Trade Union may participate in the works of the General Assembly / National Council as guests and have the right to vote
Art. 5 – Loss of the trade union membership
- The loss of the trade union membership occurs either as a result of withdrawal, retirement, death, exclusion from the profession or as a result of the application of the exclusion penalty from the Trade Union, also resulting in the loss of the status of representative elected in the governing bodies of The Dicasterial
- The persons who lost their membership of the Dicasterial Trade Union have no right to the property of the Dicasterial Trade Union and are obliged to pay their financial obligations to the Dicasterial Trade Union until the date of loss of
CHAPTER III – RIGHTS, DUTIES AND PENALTIES
Article 6 – Rights of the Dicasterial Union
The rights of the Dicasterial Trade Union are:
- To draw up its own Articles of Establishment and Rules of Organization and Functioning.
- To open
- To freely choose their
- To organize their management and
- To formulate their own action
- To benefit from the protection of the law against any form of conditioning, constraint or limitation of the exercise of
- To acquire, under the law, free of charge or onereously, any kind of movable and immovable goods necessary for the achievement of the objectives provided by the
- To constitute, administer or participate in the establishment or administration in the interests of its members and under the conditions laid down by law:
- self-help / mutual aid;
- own publications;
- social, cultural, educational and research units in the field of trade union, commercial, insurance, as well as own banking;
- own funds to support the members of the Dicasterial Trade Union in case of trade union actions, unemployment, calamity, illness, death, etc .;
- investment funds to increase the budget of the Dicasterial
- To support material members of the Dicasterial Trade Union in the exercise of their
- To organize and support material and financial humanitarian and cultural-artistic activities.
- To organize and carry out courses of professional education/ formation/ training, under the conditions provided by
- To obtain credits and sponsorships, under the conditions provided by
- To use the specific means of action under the conditions provided by
- To be consulted in the drafting of regulatory documents on labor relations, collective agreements / contracts, social protection, right of association, trade union activity and other aspects of
- To defend, before the jurisdictional and other state organs, the rights of Dicasterial Trade Union members arising from specific legislation, labor law and collective bargaining contracts and agreements on service
- To receive all necessary information for the negotiation of collective labor agreements and collective agreements on service
- To receive the necessary information on the establishment and use of funds meant for labour safety as well as for health and work safety throughout the entire judicial
- To establish by their own regulations the level and the manner of remuneration / motivation of the elected representatives in the governing bodies of the Dicasterial Union, as well as for the specialized and administrative staff in the structures of the Dicasterial
- To be affiliated to international organizations /
- To elaborate, promote, access and implement projects of any type, including those with external
- Has the possibility to hire personnel based on an individual labor contract to carry out activities remunerated from the Trade Union funds in order to achieve its
Article 7 –Duties of the Dicasterial Union
The Duties of the Dicasterial Trade Union are:
- To defend and promote the professional, economic, humanitarian, social, cultural and sports rights and interests of its trade union
- To negotiate and pursue the application of collective labor agreements and service relationship
- To maintain and organize strict records of membership, revenue and expenses of any
- To inform members on the work of the trade
- To use material resources, movable and immovable goods belonging to the Dicasterial Trade Union only according to the interests of its members and to dispose of their distribution only in case of liquidation of the union and in accordance with the decision taken in the General
- To delegate, at the request of the subsidiaries, representatives to assist or represent their interests in the negotiations with the representatives of the
- To inform members if they are
- To facilitate and support meetings with representatives of the employer, the ministry responsible, the Government, the Parliament, the Presidency and other entities, to resolve the problems faced by the organization and / or its
Article 8 – Member rights of the Dicasterial Union
The member rights of the Dicasterial Trade Union are:
- Defense – trade union members have the right to request the Dicasterial Trade Union bodies to act for the promotion, defense and representation of their rights and
- Assistance – members of the Dicasterial Trade Union have the right to receive legal assistance and / or economic and financial matters on
- Expression – The Dicasterial Trade Union protects the free exercise of all individual rights and
- Participation – trade union members have the right to participate in the trade union activity.
- Choice – any trade union member, without discrimination, may elect the representative bodies according to the provisions of these
- Eligibility – any trade union member may be elected to the governing bodies of the organization in accordance with the provisions of these Articles of Establishment, provided that during the last 12 months he has been a member of the Dicasterial Union; The Executive Board of the Dicasterial Trade Union may decide on exceptions to the seniority criterion in the organization, in justified cases (newly established subsidiaries, no other candidates, the interest of the organization, etc.); trainees who are members of the Dicasterial Trade Union have the right to be elected at the level of their own structures established within the Dicasterial
- Information – members have the right to be informed about the activity of the Dicasterial Union.
- Transparency – any member may request the Audit Commission to verify the financial activity of the Dicasterial Union, the costs being borne by the
- Facilities – members of the Dicasterial Trade Union have the right to benefit from the advantages or facilities negotiated by the Dicasterial Union, as well as other services provided by the union under the conditions established by the
Article 9 –Member duties of the The Dicasterial Union
The Duties of Dicasterial Trade Union members are:
- To know and respect the Articles of the Dicasterial
- To pay the monthly fee in due
- To respect the discipline and trade union hierarchy and to act to implement the resolutions, decisions and decisions of the Dicasterial
- To participate actively in the actions decided by the Dicasterial Trade Union through union unity and solidarity in order to achieve the statutory
- To refrain from any manifestations contrary to the resolutions, decisions and decisions of the Dicasterial
- To militate and act for union
- To behave consistently with generally accepted conduct in
- Not to harm the interests and image of the organization and to support the work of the Dicasterial
Article 10 – Sanctions
- For the non-reverence of the statutory provisions, the union member may be sanctioned with:
- suspension from the trade union;
- suspension of voting rights for a period of 1 year;
- exclusion from the trade
- The reprimand is made verbally. The warning is given in writing and it remains in the trade union register. The exclusion from the trade union, the suspension from the trade union and the suspension of the voting right for a period of one year are granted by the Executive Bureau, by reasoned
- The decision of penalty shall be adopted by the Executive Bureau within a reasonable time and shall be communicated to the trade union member sanctioned within 30 (thirty) days of its
Art. 11. Contestation of sanctions
Against the measure of sanction, the trade union member may file an appeal within 30 days of receipt of the communication.
The appeal shall be resolved by the General Assembly within a reasonable time. The decision of the General Assembly is final and is not subject to communication.
CHAPTER IV – MEMBERSHIP FEE
Article 12 – Contribution
- The membership fee is the monthly financial contribution of each trade union member.
- Members of the trade union have the obligation to pay monthly a fee of 10 RON which is retained by the state of payment. The fee paid by the trade union members is deductible according to the provisions of the Fiscal
- The fee shall be paid starting with the month in which the option of joining the Dicasterial Trade Union was
CHAPTER V – ORGANIZATIONAL STRUCTURE
Art. 13 – Organizational structure
(1) The organizational structure of the Dicasterial Trade Union includes:
- the General Assembly;
- The Executive Bureau of the Dicasterial Trade Union;
- The Board of Censors;
- Branches (at the time of their establishment).
Article 14 – Governing Bodies
The governing bodies of the trade union are:
- the General Assembly;
- the Executive Bureau of the Dicasterial Trade Union (hereinafter referred to as the Executive Bureau);
- The branch office of the subsidiary (at the time of the establishment of subsidiaries).
Art. 15 – The General Assembly – structure
- The General Assembly is the supreme governing body of the Dicasterial Trade Union and consists of:
- Members of the Executive Board of the Dicasterial Union;
- The representatives of the courts / prosecutor’s offices, D.I.I.C.O.T. and D.N.A. where union members work;
- Branch delegates (at the time of their establishment).
- Each court / prosecutor’s office shall appoint a representative to organize local assemblies with union members in the respective court / prosecutor’s
The agenda will be communicated at least 5 days before the date set for the general meeting, with the local representative organizing a meeting at the level of the court / prosecutor’s office with the union members at least 2 days before the date set for the general meeting.
If a strike is triggered, the communication of the agenda must not comply with the earlier deadlines.
At the local assemblies of the trade union members, the agenda will be discussed and the voting will be recorded in minutes signed by the appointed representative and communicated to the president of the union. Members of the Trade Union may express their vote by post, fax, e-mail or any other means of communication.
Decisions in Local Assemblies are usually taken by secret ballot, with the simple majority of the members of the Syndicate present.
Depending on the items on the agenda, the chairman of the meeting may propose to trade union members that the vote be held open.
The trade union members present in the local assembly will decide, by simple majority, by open vote on how the items on the agenda will be voted, respectively secret ballot or open vote.
The conduct of the voting procedure shall be recorded in the minutes of the meeting.
The evidence of the convening, presence and voting of trade union members in the respective court / prosecutor’s office will be kept by the appointed representative and will be communicated to the union’s president in case of contestation of the vote.
Regarding the Territorial Services and Territorial Offices of D.I.I.C.O.T. and D.N.A. they will appoint a single representative.
The measure does not limit trade union members to attend the General Assembly personally.
Article 16 – Gathering, Convening and Meetings of the General Assembly
- Gathering – The General Assembly gathers once a year in ordinary meetings and whenever necessary in extraordinary
- Convening – the Ordinary General Assembly may be convened at the request of the Chairman, the Executive Bureau or at the written request of 1/2 of the members of the trade union, and the Extraordinary General Assembly may be convened at the request of the Chairman, the Executive Bureau or at the written request of 1/4 of union
The convening of the meetings will be announced to all union members by sending the convening adress by e-mail, fax or mail, as well as by any other electronic means of sending the message, and it will include the place and date of the act, as well as the agenda.
- Meetings – Ordinary meetings are held in the presence of 2/3 of the members of which it is composed and the extraordinary ones in the presence of 1/3 of the members of which it is composed. Resolutions shall be adopted by a simple majority of the number of the attending members. When determining the quorum, people present on-line, in videoconference system or any other application that allows on-line communication are also considered.
- If the quorum provided for in par. (2) and (3), within no more than 30 days, the Executive Bureau shall convene a new General Assembly, the applicable quorum being at least half plus one of the members of which it is
- The proceedings of the General Assembly are organized and conducted by the Executive
After the observation of the fulfillment of the legal requirements and of the provisions of the statute for holding the General Assembly, the chairperson of the meeting shall present the agenda to be put to the vote, on points, to be adopted with the vote of the majority of the present members.
The agenda may be supplemented, to be put to the vote, with the vote of the majority of the members present.
The views on the issues on the agenda, the debates and the adopted decisions are recorded in a minutes, signed by the president and all the members present.
Article 17 – Powers of the General Assembly
The General Assembly has the following main attributions:
- Analyzes the work carried out by the governing bodies of the trade union;
- Analyzes and decides on the main issues of the trade union;
- Establishes the immediate, forward-looking strategy, program and objectives of the trade union;
- Decides the affiliation or the detachment of the union;
- Adopts amendments to the Articles;
- Chooses once every three years the Chairman, the Executive Bureau and the Board of Censors;
- Analyzes and approves the Income and Expense Budget for the period between two General Assemblies;
- Decides on appeals against the decisions on sanctioning measures applied to the trade union members;
- Decides on requests regarding the revocation of the Chairman, members of the Executive Bureau and the Board of Censors;
- Settles the appeals against the rejection of the application for the trade union membership.
Article 18 – Adoption of the General Assembly decisions
The decisions of the General Assembly shall be taken after the centralization of the result of the votes expressed by the members of the Trade Union, recorded in the minutes signed by the appointed representative and communicated to the president of the trade union, according to the procedure provided by Art. 15.
Members who can not participate in the General Assembly, irrespective of the reason for non-participation, shall communicate the result of the vote expressed by the members of the Trade Union yo the Chairman, according to Art. 15 Par. 2.
By way of exception to the provisions of Art. 15, the decisions on the election or revocation of the president, the approval of the budget and the start of the strike shall be approved by the vote of at least half plus one of the total number of the members of the Trade Union.
The representatives of the employer, as well as of other organizations, may be invited to participate in the works of the general assembly of the trade union, in accordance with the interests of the trade union members
Art. 19. The Executive Bureau
- Between the meetings of the General Assembly of the Trade Union, the leadership of the Dicasterial Union is provided by an Executive Bureau elected by the General Assembly for a term of three
If, during a three-year term of office, the number of office members decreases for different reasons, elections for vacant positions are held in the first Annual General Assembly.
Members of the Dicasterial Union Bureau elected by vote in governing bodies at different levels of the organization may waive this quality.
The waiver shall be notified to the Executive Bureau.
- The Executive Board of the Dicasterial Union shall retain its initial composition and shall be composed of:
- Two Vice- Chairmen – one of whom is chosen from trade union members of the courts and one of the trade union members of the prosecutor’s offices;
- 3 members.
- At the time of the establishment of the subsidiaries, in the event that it establishes its own Executive Office, the chairman of the subsidiary may participate in the meetings of the Executive Board of the Dicasterial Union and in case of absence he may be substituted by the deputy chairman of the
In the event that an Executive Bureau can not be set up at the subsidiary level, a representative will be elected from among its members, who may attend the meetings of the Dicasterial Trade Union Executive Board.
Article 20. Sessions of the Executive Bureau
- The Executive Bureau shall meet in ordinary quarterly sessions and in extraordinary meetings whenever
The presence of the members of the Bureau is mandatory, the absence of any of the members being motivated in writing.
- The Chairman shall convene the Executive Bureau, establish the agenda, ensure that the members of the Bureau are properly informed of the items on the agenda and preside over the
In the absence of the Chairman, the meetings shall be chaired by a Vice-Chairman, expressly appointed by him in writing.
In so far as the President is unable to appoint the Vice- Chairman to replace him, the meetings of the Bureau shall be chaired by an ad hoc elected Chairman by the members of the Bureau with the vote of the majority of its members.
- The Executive Bureau shall also be convened on a reasoned request from at least
½ of its members. In this case, the agenda is established by the authors of the request. The President is required to comply with such a request.
- The convocation for the meeting of the Executive Bureau shall be sent to the members of the Board at least 48 hours prior to the meeting by written, telephone or electronic notice. The convocation will include the date, the place where the meeting will be held and the agenda to be debated. In exceptional circumstances, the agenda may be supplemented and subject to the approval of the members present, who decide by simple majority to approve or reject the
- The Executive Bureau is legally constituted in the presence of half plus one of its members.
- The Executive Bureau shall take decisions by a majority vote of its members. In case of parity, the President’s vote is decisive. Office decisions are made known to those interested by displaying them at the headquarters of the union, on their own website or on their home page on social networks – as far as they are created. In exceptional circumstances, the Executive Bureau takes decisions by the majority vote of the members
- An appeal may be filed against decisions of the Executive Bureau no later than 30 days after the disclosure, according to Par.
The appeal shall be resolved by the General Assembly within a reasonable time. The decision of the General Assembly is final and is not subject to communication.
- The meetings of the Executive Bureau are not public. Executive Bureau meetings may be attended by members of the trade
- The quorum for Executive Bureau meetings is half plus one of its members. In the case of extraordinary meetings, in relation to the urgency of the issues on the agenda, if the half quorum plus one of its members can not be met, the Executive Bureau may work with at least 3 of its members, the decisions taken to be taken by a majority the votes of those
- The views of the members present on the issues on the agenda, the debates and decisions of the Executive Bureau shall be recorded in minutes, signed by all its members. Decisions of the Bureau shall be made known to those
Article 21. Attributions of the Executive Bureau
The main attributions of the Executive Bureau are as follows:
- Manages, between two General Assemblies, the current activities of the trade union;
- Enforces the decisions adopted by the General Assembly;
- Proposes changes to the Articles;
- Executes the union’s budget;
- Approves or rejects applications for membership as a trade union member;
- Excludes union members;
- Organizes the system of mutual assistance of trade union members;
- Ensures the timely solution of the requests and notifications of the trade union members;
- Proposes the affiliation or detachment of the trade union;
- Harmonizes, promotes and defends the interests of the subsidiaries (from the time of the establishment of subsidiaries);
- Coordinates the activity of the subsidiaries (from the moment of the establishment of subsidiaries);
- Validates election results at branch level (when subsidiaries are established);
- Appoints the interim presidential subsidiaries until the election (at the time of the establishment of the subsidiaries);
- Appoints the chairmen of the subsidiaries and / or the representatives of the Dicasterial National Union in the bipartite / tripartite bodies, as the case may
- Ensures the conclusion of individual labor contracts, collaborative conventions / agreements / protocols;
- Decides on sanctions;
- Elaborates the Organization and Functioning Regulation regarding the establishment, organization and functioning of the subsidiaries;
- Performs any other duties entrusted by the General Assembly of the Trade
Art. 22. Attributions of the Chairman
The Chairman has the following main attributions:
- Represents the trade union with the representatives of the Ministry of Justice, the Public Ministry, the employers of the trade union members;
- Represents the trade union in relation to other state bodies and any natural or legal persons;
- Represents the interests of the organization within the trade union structures to which the Dicasterial Trade Union is affiliated;
- Represents the trade union in relations with other trade unions in the country and abroad;
- Chairs the meetings and coordinates the activity of the Executive Bureau;
- Presides the sessions of the General Assembly of the Trade Union;
- Convenes the meetings of the Executive Bureau and the General Assembly;
- Grants a mandate to represent the trade union, any member of the Executive Bureau and, if necessary, any trade union member;
- Employs the heritage of the Trade Union in relations with third parties;
- In exercising his / her duties, the Chairman shall issue
Article 23. The Interim Chairman of the Trade Union
If the Chairman of the Trade Union is temporarily assigned or appointed to a public position within the Ministry of Justice, the Public Ministry or another institution of the justice system or for any reason can not exercise his / her statutory duties, he / she is legally suspended from the position he / she occupies within the Trade Union for the entire period of the posting, appointment or impossibility of performing the duties.
The duties of the Chairman shall be automatically taken over by one of the two Vice- Chairmen, who shall be appointed by the trade union organization, who shall then acquire the capacity of Interim Chairman of the Dicasterial Union, from that moment on.
Article 24. Revocation of the members of the governing bodies
The members of the governing bodies of the trade union may be dismissed from the position for serious violation of the trade union status or failure to comply with the decisions adopted by the governing bodies of the union by the General Assembly, with the vote of one plus one of the members of the trade union.
Art. 25. Board of Censors
The Board of Censors is a controlling body in the economic and financial affairs of the trade union and is made up of three members and retains its initial composition.
The Board of Censors is elected by the General Assembly of the Trade Union for a three-year term.
The Board of Censors has the following main attributions:
- Checks periodically and whenever necessary the financial and economic activity of the trade union;
- Follows and checks the execution of the budget, the way money is used and the material assets of the union;
- Prepares and checks the balance sheet;
- Proposes measures following the irregularities
Art. 26. The National Union of the Dicasterial Judicial Registry can form subsidiaries at employer level, following the achievement of representativeness at employer level, in accordance with the legal provisions in force.
The way of establishing, organizing and operating the subsidiaries will be decided by a Regulation of Organization and Functioning elaborated by the Executive Board of the Dicasterial Trade Union.
CHAPTER VI – FUNDS AND MATERIAL MEANS OF THE TRADE UNION
Art. 27. Establishment of union funds
The material and financial resources of the trade union consist of:
- The individual contribution of trade union members;
- Movable and immovable properties, money means, securities, donations, bonds, sponsorships and other funds received from natural or legal persons from the country or abroad, according to the law and other
Art. 28. Use of union funds
The union has its own annual revenue and expenditure budget from which can be reimbursed:
- a daily allowance of 100 RON / day, transport costs (railway ticket, fuel vouchers, airplane) and accommodation for delegates;
- daily allowance of 30 RON / day, transport costs (railway ticket, fuel vouchers, airplane) and accommodation for persons attending rallies or events;
- funeral allowance for trade union members and their 1st and 2nd degree family members, set on the amount of 500 RON, which may be supplemented, in exceptional cases, by decision of the Executive Bureau;
- help for special situations, special medical or family cases, up to 2500 RON depending on the seriousness of the situation. The aid may be supplemented by the decision of the Executive Bureau;
Also, within the limits of the funds, the Union will be able to purchase mobile telephony services (including telephones).
Funds can also be used to:
- Financing of organizational actions, use of media (including Internet services), purchasing inventory items necessary for the good course of the trade union activity;
- Financing of social, cultural-sports and artistic activities, as well as for the payment of taxes and duties;
- Granting social benefits and gifts to trade union members on festive days;
- Tourist, administrative, educational, study, protocol expenses;
- Internal and external inter-trade unions relationships and affiliate share;
- Financing other actions or services of interest to the trade union movement. Only the Chairman has the right to sign for the financial
The right of signature may be delegated, by order of the Chairman, to another member, if this is required.
CHAPTER VII – REORGANIZATION OF THE TRADE UNION
Art. 29. Reorganization of the trade union
The Reorganization, division, merger or dissolution of the union may be decided by the General Assembly only by a two-thirds majority of the members present, but not less than half of the total number of union members
CHAPTER VIII – FINAL PROVISIONS
Art. 30. Final provisions
The Articles of Establishment were drafted in 3 original copies, out of which a copy for the Dicasterial Trade Union Archive and two copies for submission to the court.