Implementation process in Romania.

General information about the policy process '''Laws and policies defining Romania’s open government agenda (2016):'''

1. Access to information: Low No. 544/2001 for Access to Public Information, Government Decision no. 123/2002 regarding the methodological norms for applying Law no. 544/2001, law no. 109/2007 on re-use of public information and Memorandum of the Government on increasing transparency and standardising the publishing of information of public interest (2016).

2. Citizen participation: law no. 52/2003 on decisional transparency, law no. 62/2011 on social dialogue and Guide on efficient public consultation by central and local administration (2016).

3. Strategies / Plans: Programme of the Government, Open Government Partnership Action Plans (3rd 2016-2018), 1st objective of the National Anti-Corruption Strategy (development of a culture of transparency for open governance at central and local level).

The government has the responsibility for coordination, monitoring and evaluation of policy process. Since the creation of the Ministry of Public Consultation and Social Dialogue (MPCSD) in 2015, the coordination has been split between the Prime Minister’s Chancellery and the MPCSD with clearly defined complementary roles.

Main national actors:

National actors involved

"Bipartite social dialogue may take the form of a dialogue autonomous  (trade unions, employers), without any government involvement in regulation and organization and is understood as dialogue between unions, employers expressed in collective bargaining mandatory (regulated by law) or in the form of economic and social interest.

In Romania, tripartie social dialogue takes place within the institutional structure of tripartie consultation (Natinal Tripartite Council for Social Dialogue, social dialogue committees) established at national, local and central under law no. 62/2011 on social dialogue, and other staff consultation, and working commissions parliamentary or tripartite structures on an ad hoc basis. In its advanced tripartite social dialogue relates to negotiation and completion of social agreements."

At the national level:

"Tripartite social dialogue at national level is manifested both in institutionalized the National Tripartite Council for Social Dialogue Summit structure (regulated by law no. 62/2011) and occasional tripartite consultation and parliamentary working committees or other structures constitute ad hoc committee type.

An event unique to social dialogue at national level, similar to social cooperation between the European institutions and the European and Social Committee, is the consulting between Parliament / Government and Economic and Social Council, established as the dialogue (civic) between civil society representatives or partners social and civil society organizations organized."

Regional or local actors involved

The Romanian Counties are the administrative-territorial units at the intermediate level, while Communes, Towns and Municipalities (Cities) form the local administrative level.

The management of local public affairs is the responsibility of the self-governing deliberative local administrative authorities, namely the County Council ( Consiliul Judeţean ) and the Local Councils  (Consiliul Local).

The relationship between actors:

In the process of transposing the European Union directives, there is an inter-ministerial coordination. DAL coordinates the work of inter-ministerial groups whose purpose is to create a legal framework, endorses the normative acts that will be transposed into national legislation, prepares proposals aimed at speeding the transposition and implementation process and evaluates the legislative proposals in order to ensure compatibility with the European standards. In order to complete the transposition process, all national legislative measures adopted have to be formally notified through the national electronic database of the General Secretariat of the European Commission. Therefore, DAL manages the database, ensures the notification of the national enforcement measures, monitors the actions taken to facilitate an accurate transposition of the European directives and an adherence to the transposition deadlines, informs the Government about the situation of the national enforcement measures and coordinates the Network of contact points which involves the contact persons from central public authorities in charge of disseminating information related to the transposition of the normative acts, in their area of competence. (MAE)

Within the chain of the inter-institutional coordination for endorsing the normative acts that will be transposed into national legislation, The Ministry of Foreign Affairs will act before the Ministry of Justice, according to art. 20 paragraph (6) of GD no. 561/2009 for the approval of the Regulation regarding the procedures at Government level. This means that in order to eliminate the risk of draft normative acts approved by the Ministry of Foreign Affairs being amended by the institutions receiving them and compromising the compatibility with the European Union law, the Ministry of Justice will be the last to endorse them. (MAE)

References

http://gov.ro/ro/guvernul

http://www.mae.ro/

http://www.parlament.ro/

http://www.cdep.ro/

https://www.senat.ro/

https://portal.cor.europa.eu/divisionpowers/Pages/Romania.aspx