Article 117(ex Article 97 TEC)

1.Where there is a reason to fear that the adoption or amendment of a provision laid down by law, regulation or administrative action may cause distortion within the meaning of Article 116, a Member State desiring to proceed therewith shall consult the Commission. After consulting the Member States, the Commission shall recommend to the States concerned such measures as may be appropriate to avoid the distortion in question.

2.If a State desiring to introduce or amend its own provisions does not comply with the recommendation addressed to it by the Commission, other Member States shall not be required, pursuant to Article 116, to amend their own provisions in order to eliminate such distortion. If the Member State which has ignored the recommendation of the Commission causes distortion detrimental only to itself, the provisions of Article 116 shall not apply.

Law on the establishment of the "King Michael I" Institute for the Promotion of National Values

The Romanian Parliament adopts this law.

(1) The Institute for the Promotion of National Values "King MIHAI I", hereinafter referred to as the Institute, is hereby established as a public institution of national interest, with legal personality.

(2) The seat of the Institute shall be the Elisabeta Palace, located in Șoseaua Pavel Dimitrievici Kiseleff, nr. 28, sector 1, Bucharest. The seat is given free of charge by the Regia Autonomă "Administrația Patrimoniului Protocolului de Stat".

(3) The Institute shall carry out its activities in accordance with the legal provisions and with the Institute's own Rules of Organization and Functioning.

(4) The Institute shall have its own logo, seal and may fly and use its own flag. The Institute shall approve the model of its own flag, by means of its Rules of Organization and Functioning, with the advisory opinion of the National Commission of Heraldry, Genealogy and Sigilography of the Romanian Academy. The shape and dimensions, as well as the display and use of the own flag, shall be made in compliance with the provisions of Law no. 141/2015 on the display and use by administrative-territorial units of their own flags.

Art.2 - (1) The activity of the Institute consists in initiating, organizing and developing programs and projects in order to achieve the following objectives:

a) promotion of national traditions, customs and historical symbols of national sovereignty and identity, persons and achievements of value in the scientific, cultural, educational, sports, economic and diplomatic fields;

b) promotion of events of historical significance and medium and long-term development programmes;

c) supporting socio-cultural, sporting and educational development at local, regional, national and international level;

d) recognising the merits and supporting pupils, students and teachers to achieve excellence, including by awarding scholarships and prizes from its own income, in accordance with the Rules of Organisation and Operation;

e) to promote, in consultation with and with the advice of the Ministry of Foreign Affairs, the image of Romania, investment and tourism, art, science, education and historical monuments to foreign personalities, investors and institutions.

(2) In order to achieve its object of activity, the Institute shall carry out the following activities both in the country and abroad, the latter with the consultation and approval of the Ministry of Foreign Affairs:

a) to carry out and publish studies and researches, in the country and abroad, for the deepening of the premises of the object of activity;

b) organise projects or development programmes in the scientific, cultural, educational, sports and economic fields in the country or abroad and participate in similar projects or programmes organised by other institutions or entities in the country or abroad;

c) organise national or international meetings and symposia in the country or abroad;

d) participate in scientific, cultural, educational, sporting, economic, diplomatic and religious events and demonstrations organised by other authorities and institutions in the country and abroad;

e) establishes and develops cooperation relations with central and local public authorities, as well as with institutions, organisations and personalities in the country and abroad;

f) finance the editing, re-editing and publication, on any type of medium, of books, studies, articles, collections of written, photographic and visual documents.

(3) In order to carry out the activities referred to in paragraph 1, the Commission shall (2), by way of derogation from the provisions of labour law, the Institute shall conclude civil agreements of collaboration or provision of services with prestigious personalities from the country and abroad, specialists and independent experts, academics and researchers from universities in the country and abroad, from the research institutes of the Romanian Academy and from other institutes or professional training centres in the country or abroad.

(4) In order to achieve its objectives, the Institute shall cooperate with the President of Romania, the Ministry of Foreign Affairs, the Ministry of National Defence, the Ministry of Culture and National Identity, the Romanian Academy, the Romanian Cultural Institute, the National Archives, other ministries and governmental institutions, public or private higher education institutions, in the country or abroad, with local authorities, cultural or research institutes in the country or abroad, as well as with creative unions, associations and civil society organisations whose aim is to promote Romania's national values, on the basis of partnerships, cooperation agreements or contracts, whether free of charge or for a fee, concluded under the terms of the law.

(5) The Ministry of Foreign Affairs, through the Directorate of Protocol, diplomatic missions and consular offices abroad, shall support the implementation of the Institute's activities abroad, on the basis of a cooperation protocol concluded for this purpose.

(6) In order to carry out its activities, the Institute may use, without paying any rent and with priority, the historical premises in the central building of the Royal Palace located in Calea Victoriei no. 49-53, sector 1, namely the Royal Refectory, the Voivodes' Staircase and the Throne Room, under the administration of the National Art Museum of Romania.

(7) For the organization of exhibitions or cultural projects, the Institute may take into custody, on loan, from public institutions in the country or abroad, as well as from other natural or legal persons, under the conditions of common law, classified movable cultural property, which the latter own or manage, with the opinion of the National Commission of Museums and Collections and with the approval of the Ministry of Culture and National Identity, in compliance with the provisions of Law no. 182/200 on the protection of national movable cultural heritage, republished, with subsequent amendments and additions. The Institute will bear the costs of transporting and insuring the movable property on loan.

(8) For the fulfilment of its object of activity, the Institute may contract, under the terms of the law, the provision of services with public or private sector providers in its field of activity.

(9) The Institute may acquire movable or immovable property, subject to the legal conditions.

Art. 3 - (1) The Institute shall be managed by the Director of the Institute, who shall be appointed for a term of four years, with the possibility of renewal, without any limit to the number of successive terms of office held by a person.

(2) The Director of the Institute shall be appointed and removed from office by the Plenary of the Senate of Romania, by a majority vote of the Senators present, on the proposal of the Custodian of the Romanian Crown, who shall be appointed in accordance with the Fundamental Rules of the Royal Family of Romania, published in the Official Gazette of Romania, Part IV.

(3) The proposal of the Custodian of the Romanian Crown shall be forwarded to the Permanent Bureau of the Senate, which shall submit it to the Committee on Culture and Media of the Senate, in order to hear the proposed candidate.

(4) Following the hearing, the Senate Committee on Culture and Media shall draw up a consultative opinion, with reasons, which it shall present to the Senate plenary session, which shall approve the appointment to the post of Director of the Institute by a majority vote of the Senators present.

(5) The office of Director of the Institute is incompatible with membership of a political party.

Art. 4 - (1) The Director shall perform the following main duties:

(a) organise and direct the entire work of the Institute;

b) represent the Institute in its relations with Romanian and foreign natural and legal persons;

c) to conclude legal acts on behalf of the Institute, according to the law;

d) to conclude the individual employment contract with the staff of the Institute's working apparatus;

(2) In the exercise of his duties, the Director shall issue orders and instructions, in accordance with the law.

(3) The Director shall be the authorising officer.

(4) The Director may delegate his duties to a Deputy Director designated by him from among the staff of the Institute's establishment plan.

(5) In addition to the Director of the Institute there shall be an Honorary Board consisting of a maximum of 9 members. The members of the Honorary Board shall be personalities of prestige in their field of activity, from home or abroad. The Honorary Board shall contribute to the development of the Institute's medium and long-term strategy and annual work programmes. The Director of the Institute is an ex officio member of the Board and chairs the meetings of the Honorary Board.

(6) The composition, organisation, tasks and functioning of the Honorary Board shall be approved by order of the Director of the Institute. The members of the Honorary Council shall not be remunerated, their work in the Council being honorary. Membership of the Honorary Council shall not be incompatible with any other public office or public dignity.

Art. 5 - (1) The budget of the Institute shall be drawn up on the basis of annual programmes or projects. The Institute's current and capital expenditure shall be financed from its own revenue, from subsidies granted from the state budget, through the budget of the Senate of Romania.

(2) The Institute may carry out projects complementary to those provided for in the annual programme, at the proposal of the Honorary Council or of the Director of the Institute, by accessing projects financed by non-reimbursable funds, in accordance with the law.

(3) The Institute's own income is derived from activities carried out directly by the Institute:

a) studies and research, projects or programmes, financed or co-financed, under the conditions of the law, including from European funds;

b) publishing, re-publishing and sale on any type of medium of books, articles, collections of written, photographic and audiovisual documents, publications and specialist works;

(c) provision of services, consultancy, etc;

(d) the exploitation of property owned or administered by it, in accordance with the law;

(e) concluding contracts and cooperation agreements with natural or legal persons;

f) other specific activities.

(4) Its own income may also be obtained from sponsorships and/or donations, in accordance with the law.

(5) Liberties of any kind, including legacies, may be accepted, in accordance with the law, only if they are not encumbered by conditions or obligations that would affect the autonomy of the Institute or be such as to impose on it a moral conduct contrary to the object of activity and the purposes established by this law.

(6) The Institute may receive the temporary use of property free of charge from any public or private entity under the terms of the law.

Art. 6.- (1) The annual budget of the Institute may not be less than 4,000,000 lei and shall be allocated from the state budget in the form of grants, through the annual budget of the Senate of Romania, to cover current and capital expenses.

(2) The amount allocated according to para. (1) shall be provided for separately in the budget of the Senate and shall be updated each year with the average annual inflation rate, a definitive indicator known on 1 January of each year in which the update is made and communicated by the National Institute of Statistics.

(3) Depending on the programmes and projects carried out or on legislative changes in staff expenditure, the approved annual budget of the Institute may be supplemented by budget rectifications during the year.

(1) The activity of the Institute shall be carried out through its own working apparatus, as provided for in the organisation chart in the annex which is an integral part of this Law or through collaboration with natural and legal persons in the country or abroad.

(2) The staff, the structure of the posts by departments and the job description shall be approved by Order of the Executive Board.

(3) The appointment of the staff of the Institute shall be made on the basis of an examination, in accordance with the Law and the Regulations on the organization and functioning of the Institute. Secondment and delegation of staff within the Institute shall be permitted under the conditions laid down by law.

(4) The maximum number of paid posts for contractual staff is 20.

(5) The salaries of the staff of the Institute shall be paid in accordance with the legal provisions in force concerning the salaries of staff paid from public funds, applicable to the contractual staff of the Senate.

Art.8 - The Institute shall submit to the Permanent Bureau of the Romanian Senate, by 15 April of each year, a written annual activity report and the budget execution account for the previous year, for information purposes.

Art. 9 - (1) The Autonomous Regia "Administration of the State Protocol Patrimony" is authorized to transfer to the Institute, on a free use basis, the building referred to in Art. 1 para. (2), to provide annually the financial resources and any other means necessary for the maintenance, capital and current repairs, any other conservation and management measures, under the terms of the law. The Autonomous Regia "Administration of the State Protocol Heritage" is obliged to insure the building for general risks.

(2) The handover and reception of the building shall be carried out within 20 days from the publication in the Official Gazette of Romania, Part I, of the Senate Decision on the appointment of the Director of the Institute, on the basis of a handover-reception protocol signed between the two entities.

(3) The Institute may conclude on its own behalf contracts for the provision of utilities and services related to the use of the building referred to in Article 1 (2).

(4) The Government is authorised to change the destination assigned to the building referred to in Article 1, by Government Decision No 478 of 12 April 2006, on the assignment of the destination of residence, for persons who have held the capacity of Head of the Romanian State, to buildings of public property of the State, under the administration of the Autonomous Regie "Administration of the State Protocol Heritage", published in the Official Gazette of Romania, Part I, No 348 of 18 April 2006.

Art. 10 - Within 30 days from the entry into force of this law, the procedure for the appointment of the Director of the Institute shall be completed, in accordance with Article 3 of this law. The Fundamental Norms of the Royal Family of Romania provided for in Art. 3 para. (2) of this law, as well as any subsequent amendment to them, shall be published in the Official Gazette of Romania, Part IV, for opposition to third parties, until the date of referral to the Permanent Bureau of the Senate, with the proposal for appointment as Director of the Institute.

Art. 11 - Within 30 days of appointment, the Director of the Institute shall approve by order the Rules of Organization and Functioning of the Institute.

Art. 12.- The Ministry of Public Finance is authorised to introduce, at the proposal of the Chief Authorising Officer, the appropriate amendments to the structure of the State budget.

PRESIDENT OF THE CHAMBER OF DEPUTIES

NICOLAE-LIVIU DRAGNEA