ANNEX no. 8

DRAFT RECOMMENDATIONS MADE BY THE PEOPLE’S ADVOCATE IN 2004

No.	No. and date of drafting. Object	Public authority to which the recommendation was made	Short content of the recommendation
1.	1/ January 29th 2004 Violation of the right to a decent living standard and of the right to petition, prescribed by art. 47 and art. 51 of the Constitution, in the case of settlement of the applications for the granting of the capacity of beneficiary under the Law no 309/2002 on the recognition and granting of rights to persons having performed military service with the General Direction of Labor Service within 1950-1961	-The National Archives	- examining the situation caused by the failure to communicate within the legal time limit the answers to the applications whereby the persons concerned requested the issuance of the certificates regarding the performance of the military service with the former labor units of the former General Direction of the Labor Service, and further on, establishing the legal framework to avoid any such delays; - taking the legal measures required for : *compliance with the provisions of the Law no. 428/2003 for completing art. 6 of the Law no. 309/2002, according to which no taxes are due for the issuance of the documents needed to prove that the applicant is classified within the provisions of art. 1 of the Law no. 309/2002; *drafting in cooperation with the Military Unit 02405 and with the Ministry of Labor, Social Solidarity and Family, of a centralized and integral record on the personnel of the former labor units; *taking over the rest of the archive, kept by the Ministry of Transportation, Construction and Tourism, which keeps payrolls of the persons (“soldiers”) that were used as military and civil workforce in the former General Direction of the Labor Service, within 1950-1953; *reconsidering the need to draft proposals for the amendment and completion of the Law no. 309/2002, in respect of the “Notes” drafted by the National House of Pensions and other Social Security Rights for the unitary enforcement of the abovementioned law.
2.	2/January 29^th, 2004 Violation of the right to a decent living standard and of the right to petition prescribed by art. 47 and art. 51 of the Constitution, in case of settlement of the complaints with regard to the granting of the capacity of beneficiary under the Law no 309/2002 on the recognition and granting of rights to persons having performed military service with the General Direction of Labor Service within 1950-1961	-The Ministry of National Defense	- examining the situation caused by the failure of the Military Unit 02405 to answer within the legal time limit the complaints whereby the persons concerned requested the issuance of the certificates comprising the registrations of the military record files, as documentary evidence of the performance of the military service in the former labor units, establishing the legal framework to avoid any such delays; - taking the legal measures required so as : * the Military Unit 02405 Piteşti drafts in cooperation with the National Archives and the Ministry of Labor, Social Solidarity and Family a centralized and integral record on the personnel of the former labor units; * the Military Unit 02405 Piteşti separately marks in the certificates issued, whether the applicants for the capacity of beneficiary of the Law no. 309/2002 performed the military service within the former units of the former General Direction of the Labor Service, or within the former labor units of the former Ministry of Armed Forces ; * reconsidering the need to draft proposals for the amendment and completion of the Law no. 309/2002, in respect of the “Notes” drafted by the National House of Pensions and other Social Security Rights for the unitary enforcement of the abovementioned law.
3.	3/ January 29^th, 2004 Violation of the right to a decent living standard and of the right to petition prescribed by art. 47 and art. 51 of the Constitution, in case of settlement of the complaints with regard to the granting of the capacity of beneficiary under the Law no 309/2002 on the recognition and granting of rights to persons having performed military service with the General Direction of Labor Service within 1950-1961	-The Ministry of Labor, Social Solidarity and Family	-examining the situation caused by the failure to unitarily enforce the Law no. 309/2002 by the commission for the enforcement of the provisions of the Government Ordinance no. 105/1999 on the granting of rights to persons oppressed by the political regimes established in Romania starting with September 6^th 1940 until March 6^th 1945 due to ethnical reasons, commissions operating within the territorial pension houses. - taking measures for: *drafting in cooperation with the National Archives and the Military Unit 02405 Piteşti of a centralized and integral record on the personnel of the former labor units within the former General Direction of the Labor Service; * taking into consideration by the commissions within the territorial pension houses of the registrations on the military records, observing the “Notes” drafted by the National House of Pensions and other Social Security Rights; * reconsidering the need to draft proposals for the amendment and completion of the Law no. 309/2002, in respect of the “Notes” drafted by the National House of Pensions and other Social Security Rights for the unitary enforcement of the abovementioned law.
4.	4/February 12th 2004 Enforcement of the provisions of Law no. 9/1998 on the granting of compensations to Romanian citizens for their assets passed in the property of the Bulgarian State, following the enforcement of the Treaty between Romania and Bulgaria, signed in Craiova, on September 7^th 1940	-The Ministry of Public Finance	- taking measures so as the files submitted under the Law no. 9/1998 are settled within the time limit prescribed by art. 35 lit. b) of the Methodological Norms for the enforcement of the Law no. 9/1998 on the granting of compensations to Romanian citizens for their assets passed in the property of the Bulgarian State, following the enforcement of the Treaty between Romania and Bulgaria, signed in Craiova, on September 7^th 1940; - informing the public with regard to what need to be done to get the compensations on the grounds of the Law no. 9/1998; - taking measures to regularly inform the beneficiaries of the Law no. 9/1998 of the settlement of the files undergoing examination by the Central Commission for the enforcement of the Law no. 9/1998, as well as to ensure communication between the Central Commission and the citizens.
5.	5/Mach 5^th 2004 Enforcement of the provisions of the Government Emergency Ordinance no. 5/2003 on the granting of subsidies for the heating of the dwelling place and granting of facilities to population for the payment of the thermal power supply	-The Mayor of sector 6, Bucharest	- examining the situation caused by the inappropriate enforcement by the owners’ associations and the thermal power supplier, of the provisions of the Government Emergency Ordinance no. 5/2003; - taking measures to resolve the complaints whereby the persons benefiting of the provisions of the Government Emergency Ordinance no. 5/2003 argue its enforcement.
6.	6/October 5^th 2004 Enforcement of the provisions of Law no. 10/2001 on the legal statute of some real estates abusively taken over by the state within March 6^th 1945-December 22^nd 1989	-The General Mayor of Bucharest	-examining the situation caused by the fact that the Legal, Procedural and Law Direction of the Local Administration Bucharest failed to resolve within the legal time limit the notifications submitted on the basis of the Law no 10/2001 and establishing the appropriate organizational framework to avoid any such delays; - taking measures so as to timely answer to the applications whereby applicants request information of the settlement of their files.
7.	7/November 11^th 2004 Enforcement of the provisions of the Law no 10/2001 on the legal statute of some real estates abusively taken over by the state within March 6^th 1945-December 22^nd 1989	- The General Mayor of Bucharest	-examining the situation caused by the fact that the Legal, Procedural and Law Direction of the Local Administration Bucharest failed to resolve within the legal time limit the notifications submitted on the basis of the Law no 10/2001 and establishing the appropriate organizational framework to avoid any such delays; - taking measures so as to timely answer to the applications whereby applicants request information of the settlement of their files.
8.	8/ December 6th 2004	The Mayor of Alba-Iulia	- examining the situation caused by the fact that the Local Administration of Alba-Iulia failed to communicate within the legal time limit answers to the citizens’ applications and establishing the appropriate framework to avoid any such delays.