Legal Directorate

of the General Inspectorate of Romanian Police

police superintendent ROŞAN LUCIAN CĂLIN

 No. 6, Mihai Vodă Street, Bucharest,  5 District 

This unit is organized and functions within the structure of the General Inspectorate of Romanian Police, being directly subordinated to the General Inspector of Romanian Police- pursuant to the provisions of Law No.514/2003 on organization and exercising the profession of legal adviser.

The Legal Office is organized on four departments, directly subordinated to the head of the Office- the relations between these being of collaboration and mutual consultations in legal matters.

The organizational structure is the following:

The Head of the Office guides and coordinates the activity of the whole office, being directly subordinated to the General Inspector of Romanian Police.

• Department for Legal Regulations;

• Department for Law Claims, Acquisitions and Contracts;

• Department for Human Rights Protection, Humanitarian Law and Abolishing Discrimination;

• Department for the administration of internal documents and secretariat.

The main tasks, responsibilities and activities specific to the functions within the departments of the Legal Office are the following:

1. The Department for Legal Regulations:

1. Coordinates and guides the activity of drafting preliminary bills, decisions and ordinances of the government, orders, instructions, regulations and other documents with legal character issued by the Minister of Administration and Interior, as well as dispositions and methodologies issued by the General Inspector of Romanian Police;

2. Coordinates and guides the activity of drafting recommendations and observations to bills, transmitted, through legal advice proceedings, to the leadership of Romanian Police, to be approved by the Minister of Administration and Interior.

3. On the basis of the recommendations of the structures within the General Inspectorate of Romanian Police, it drafts the Annual Legal Program and supervises the way this is applied, and periodically informs the leadership of Romanian Police about the stage of their accomplishment;

4. After consultation with the specialized structures within the General Inspectorate of Romanian Police, it elaborates projects of answer regarding parliamentary interpellations/questions and governmental tasks which target specific policing issues;

5. Formulates opinions for different structures within the Ministry of Administration and Interior and the General Inspectorate of Romanian Police regarding the judiciary interpretation of some legal provisions.

2. The Department for Law Claims, Acquisitions and Contracts:

1. Represents the interests of the Ministry of Administration and Interior on the basis of the delegations given by the General Director of the General Directorate for Legal Regulations and Legal Disputes, as well as the interests of Romanian Police regarding contentious matters in the competence of the administrative courts, in which these institutions represent a party. To this purpose, it introduces actions, submits brief motions, gives answers to interrogation, exercises means of contest, disclaims actions and means of contest, formulates claims and exercises any legal means to defend the interests in the courts of law and other bodies of jurisdiction;

2. Notifies the units belonging to Romanian Police about any infringement of rights resulting from solving the litigations by jurisdictional bodies, in order to take measures for removing them and ensuring lawful order.

3. Takes measures to obtain writs of execution, towards carrying out credence and other patrimony rights belonging to police units;

4. Participates, at the request of the interested units and within the law, in negotiation and conclusion of contracts, or legally approves contract projects and any judiciary documents under the legal competence of GIRP or the units subordinated to it which do not have their own judiciary assistance.

3. The Department for Human Rights Protection, Humanitarian Law and Abolishing Discrimination;

This department has also tasks of the secretariat of the Committee for Human Rights and Humanitarian Law, constituted at the level of GIRP, having the following responsibilities, pursuant to the provisions of Regulations No. 193/1992, on the organization and functioning of the committees for human rights and humanitarian law within MoAI, with further additions and amendments:

1. Examines the notifications and complaints addressed by internal and international bodies referring to issues related to human rights protection, by other natural persons and corporate bodies, and, on the basis of the opinions expressed by competent structures, drafts projects of answer to be submitted for approval to the leadership of Romanian Police

2. Participates in drafting certain internal laws which comprise provisions in the field of human rights protection and makes recommendations from which there is obvious observance to internal and international regulations in the matter;

3. Participates in the organization of courses on topics specific to human rights protection, in symposia, debates, seminars, workshops and so on, following which it informs all police units about the resulting conclusions;

4. Analyzes and proposes measures meant to ensure that police servants know internal and international regulations, the orders of the State Minister or of the Minister of Administration and Interior, and the dispositions of the General Inspector of Romanian Police, regarding the issue of human rights and humanitarian law, in close connection to the present and future tasks and missions of Romanian Police.

4. The Department for the administration of internal documents and secretariat:

1. Maintains the record of internal laws and ensures their dissemination to the interested units, while observing the legal provisions on classifying documents;

2. Centralizes and promotes the requests from police units regarding the manufacture of the necessary seals and stamps and ensures that these are recorded and distributed in the conditions stipulated in the instructions of the Minister of Administration and Interior;

3. Performs specific activities in the case of removing abolished internal laws or seals and stamps which have been withdrawn, proceeding to a destruction of these according to the instructions terms.

4. At request, provides to the interested persons the internal laws for consultation, on the basis of the files drawn to this purpose.