Commission of confiscated objects/ Government publishes the list of rules and criteria

2024-06-12 18:42:00, Aktualitet CNA

Commission of confiscated objects/ Government publishes the list of rules and

Prime Minister's Office, illustrative photo

The government has approved the decision "On the administration of confiscated buildings as illegal constructions, with the aim of using them for public interest or social housing, as well as mitigating the social consequences caused.

Today, the government has determined the rules for the organization and operation of the Commission of Confiscated Objects.

The commission is a collegial body, which is created at the State Cadastre Agency and in the exercise of its activity is supported by the structure responsible for immovable properties in the State Cadastre Agency, such as the Technical Secretariat.

The commission consists of 9 (nine) members, according to the provisions in point 2, article 11, of law no. 66/2023, "On the administration of confiscated buildings as constructions without permission, with the aim of using them for public interest or social housing , as well as mitigating the social consequences caused".

The government's decision defines the detailed rules for the organization and operation of the Commission of Confiscated Objects.

Full government decision

DETERMINATION OF MORE DETAILED RULES FOR THE ORGANIZATION AND FUNCTIONING OF THE CONFISCATED OBJECTS COMMISSION

In support of Article 100 of the Constitution and Point 5, Article 11, of Law No. 66/2023, "On the Administration of Confiscated Buildings as Unauthorized Constructions, with the Purpose of Their Use for Public Interest or Social Housing, as well as mitigating the social consequences caused" by the proposal of the Minister of Economy, Culture and Innovation, Council of Ministers

DECIDE:

CHAPTER I GENERAL PROVISIONS

Article 1

object

This decision defines the detailed rules for the way of organization and operation of the Commission of Confiscated Objects (hereinafter the Commission).

CHAPTER II

ORGANIZATION OF THE COMMISSION

Article 2

Organization of the Commission

1. The commission is a collegial body, which is created at the State Cadastre Agency and in the exercise of its activity is supported by the structure responsible for real estate in the State Cadastre Agency, such as the technical secretariat (hereinafter the secretariat).

2. The commission consists of 9 (nine) members, according to the provisions in point 2, article 11, of law no. 66/2023, "On the administration of objects confiscated as constructions without permission, with the aim of using them for public interest or social housing, as well as mitigating the social consequences caused".

3. The members of the Commission, provided for in letters "a", "b", "c", "ç", "d" and "dh", of point 2, article 11, of law no. 66/2023, " For the administration of objects confiscated as illegal constructions, with the aim of using them for public interest or social housing, as well as mitigating the social consequences caused", are designated by the head of the institution, based on the following criteria:

a) Be a high-level political leader;

b) To be an employee/employee of high management level;

c) There is no disciplinary measure in force;

ç) To have knowledge in the economic, legal and engineering fields.

Excluded from the criteria defined in the letters "c" and "ç" are the members of the commission, who belong to the high political level.

4. The mandate of the member of the Commission is 3 (three) years, with the right to reappointment. The member remains in office and fulfills the functions until the appointment of the new member, except for the cases provided in letters "b" to "e", point 5, article 2, of this decision.

5. The mandate of the Commission member ends when:

a) the 3-year term ends from the appointment;

b) is released from the official function;

c) resigns;

ç) is in the conditions of a continuous conflict of interest;

d) for objective reasons that make him unable to perform the assigned functions;

dh) does not participate in 3 (three) consecutive meetings, without a legal reason;

e) is punished by a final criminal decision for committing a criminal offense.

Article 3

Election of the chairman and duties

1. The minister responsible for state property appoints one of the two representatives of the ministry responsible for state property as the chairman of the Commission.

2. The Chairman of the Commission exercises the following functions:

a) Calls and directs the meetings of the Commission;

b) Represents the Commission in relations with third parties, according to the legal and by-laws in force;

c) Sign the decisions of the Commission;

ç) Exercises any other function, defined according to law no. 66/2023, "On the administration of objects confiscated as constructions without permission, with the aim of using them for public interest or social housing, as well as mitigating the social consequences caused" .

In case of absence, the chairman is replaced by the deputy chairman, who is elected by the Commission at its first meeting of each calendar year, with rotation among the members.

Article 4

Commission Secretariat

1. The Secretariat of the Commission is an integral part of the administrative structure of the State Cadastre Agency, in the function of the Commission, which prepares and administers the documentation for decision-making of the Commission.

2. The Secretariat of the Commission has the following tasks:

a) Notifies the members of the Commission of the date, time, manner, agenda and place of the meeting, at least 5 (five) days before the date set for its holding;

b) Organizes the meetings of the Commission;

c) Prepares the documentation of the Commission meeting and sends the meeting materials to the members of the Commission, according to the agenda of the meeting approved by the chairman, at least 3 (three) days before the date of the meeting;

ç) Keep minutes for each meeting, which are signed by all members of the Commission;

d) Verifies the necessary quorum for holding the meeting of the Commission;

dh) Administers the protocol and seal of the Commission, in accordance with the law on the rules of production, administration, control and storage of official seals.

e) Clarifies the decisions taken at the meeting of the Commission, within 2 (two) days from the holding of the meeting;

ë) Administers the documentation and forwards it for archiving at the relevant structure, in accordance with the legislation on archives;

f) After the authorization of the chairman of the Commission, information is made available to third parties, in accordance with law no. 119/2014, "On the right to information".

Article 5

Cooperation with institutions

1. Ministry responsible for state property administration, Territorial Development Agency, National Territorial Planning Agency, State Cadastre Agency, National Housing Authority, public authority/s in the capacity of implementation unit, local self-government units , as well as any other institution, which is considered necessary, have the obligation to cooperate with the Commission, as well as to make available any necessary information or documentation, in order for the proper functioning and right decision-making of the Commission.

2. The decisions taken by the Commission are mandatory to be implemented.

CHAPTER III

Article 6

Obligation to participate in meetings and proceedings in case of legal impediment and conflict of interest

1. The commission meets whenever it is necessary to examine a case or case, but not less than 6 (six) times a year.

2. The chairman calls the meeting and decides on the agenda, date, time, place and manner of its development. The meetings are held near the premises of the State Cadastre Agency. Due to the special nature of the Commission's work and decision-making, members must be physically present at the meeting, except in exceptional cases, where members can participate in the meeting through remote audio and video communication tools, which guarantee identity of the member.

3. The meeting can be requested in writing by 1/3 of the members of the Commission. The chairman is obliged to call the meeting of the Commission on the date, time, place, manner, including in the agenda the issues requested by 1/3 of the members of the Commission.

4. In case of objective impossibility, incompatibility, conflict of interest or legal obstacle of the chairman, the preparatory actions and the calling of the meeting are carried out by the deputy chairman.

5. The participation of the members of the Commission in its meetings and activities is mandatory throughout the entire period of exercising this duty.

6. In the case when, in relation to certain issues, which are dealt with in the activity and meetings of the Commission, the member of the Commission is made aware of such circumstances, which according to the law, place him before one of the cases of conflict of interest or obstacle legal, immediately informs the chairman of the Commission and declares the concrete reasons that hinder participation in the preparation, discussion and approval of the relevant issue.

7. In cases where a member does not participate in 3 (three) consecutive meetings, without a legal reason, he is replaced by another member from the institution that proposed the member, according to the composition defined in point 2, of article 11, of Law no. 66/2023, "On the administration of confiscated buildings as illegal constructions, with the aim of using them for public interest or social housing, as well as mitigating the social consequences caused".

Article 7

Quorum of the Commission meeting

1. The meeting of the Commission is valid when more than half of its members are present.

2. The decisions of the Commission are taken by open voting and the commission decides with the majority of votes of the members present at the meeting.

3. When the necessary quorum is not provided, the chairman decides to call the next meeting, at least 24 (twenty-four) hours after the first one. In this case, the meeting is valid if at least half of the voting members are present.

Article 8

Voting method and procedure and minutes of the meeting

1. Members, who are present at the meeting and who have no legal impediment to vote, cannot abstain. The chairman votes last.

2. Decisions are made with the majority of votes of the members who participate in the meeting and have the right to vote.

3. In cases where the voting result is equal, the chairman's vote is decisive.

4. Members have the right to record in the minutes the fact and reasons for voting against a decision taken.

5. At each meeting, a record is kept, depending on the nature of the issues examined at the meeting of the Commission. The minutes of the meeting necessarily and in summary contain:

a) date and time of the beginning and end of the meeting;

b) issues considered in the agenda;

c) members of the Commission present;

ç) procedural actions developed at the Commission meeting;

d) summary of members' discussions;

dh) the disposition of the Commission's decisions on issues that were part of the agenda; and

e) any other position held during the work of the Commission meeting.

6. The minutes are kept by the secretariat of the Commission and are sent for review to the members of the Commission present at the meeting, who, no later than 48 (forty-eight) hours from the day after the notification, must notify the chairman, if have remarks about its content.

7. The final minutes are notified to all members of the Commission. In cases of disputes by members, the minutes are reviewed and approved as the first item on the agenda at the next meeting of the Commission. After the approval, the minutes are signed by the chairman and the secretariat of the Commission.

CHAPTER IV FINAL PROVISIONS

Article 9

Election of members, vice-chairmen and the first meeting

1. With the entry into force of this decision, the holders of the institutions, defined in the letters "a", "b", and "dh", of point 2, of article 11, of the law no. 66/2023, "On the administration of confiscated buildings as unauthorized constructions, with the aim of using them for public interest or social housing, as well as mitigating the social consequences caused", inform the State Cadastre Agency of the data for high-level management employees, designated by theirs. The holders, according to the letters "c", "ç" and "d", notify the State Cadastre Agency of the data for an official, as a member of this Commission, in case they have authorized one.

2. The Chairman of the Commission, no later than 5 (five) days from the date of receiving the notification from the head of the institution that last appointed its member, calls the first meeting of the Commission.

3. At its first meeting of each calendar year, the Commission elects the vice-chairman by rotation among the members.

Article 10

Commission reporting

The commission has the obligation of periodic 3-month reporting to the minister responsible for the administration of state property and to the ministry responsible for urban development.

Article 11

Bodies charged with the implementation of the act

The Commission of Confiscated Objects, the Prime Minister's Office, the ministry responsible for the administration of state property, the ministry responsible for urban development, the Territorial Development Agency, the National Agency for Territorial Planning, the State Cadastre Agency, the State Agency for Expropriation, public authority/s are charged /e in the capacity of the implementation unit and local self-government units for the implementation of this decision./ CNA