Legal column

    The program for adopting the commune acquis

The integration in the EU is a complex and hard process, which requires lucidity and perseverance to accomplish it.
The national program for Romania’s joining this important European body, comprised in the Government Decision no. 114/1999, includes:
The Program for the fulfillment of the political adhesion criteria;

The adoption of the commune acquis means on one side the alignment of the Romanian legislative system to the European norms and on the other side the training of the Romanian specialists for the application of the harmonized legislation. Thus, our country shall dispose of corresponding regulations for the adhesion to the EU and it shall implicitly observe the commune practices.
The railway activity is based on normative documents, which from the point of view of their adaptation to the commune ones may be categorized according to the level of legal power, as well as according to the method they are promoted by:

  1. The legislation accomplished by the initiative of the Transport Ministry, applicable to the railway field, which has already been adopted. This category comprises: Law no. 197/1998 for the approval of the Government Ordinance no. 19/1997 regarding transport; the Emergency Ordinance no. 12/1998 regarding the transport on the Romanian railways and the reorganization of SNCFR; the Government Decisions from 1998 from no. 581 to 585, by which the five railway companies have been set up; Ordinance no. 41/1997 regarding the approval of the Transport Regulation on the railways in Romania and so on. These norms form the basic legal framework for the carrying out of railway activity under good conditions.
  2. The legislation established out of the initiative of other ministries where transports, respectively the railways are subscribed with a part of the activity, to which they continue to adopt themselves, following the program of the commune acquis.

The regulations at government or parliament level continue to reflect within the normative documents issued by the Transport Ministry, the National Railway Company CFR-SA, the National Companies of Goods and Passengers Railway Transport and the other railway companies.

The accomplishment of the tariffs and instructions harmonized with the regulations of the EU represent a complex activity, of a high professional level, which is based on a thorough documentation.

From the point of view of organization, the Romanian Railways are mobilized for the adoption of the commune acquis through the “Program regarding the updating of certain specific regulations from the activities of the railway and underground transport” approved by the Transport Ministry, which shall be performed in the period December 1998 – December 1999. This program, coordinated and controlled by the Romanian Railway Authority comprises approximately 80 job instructions.

Concurrently, as a result of the Order of the Transport Ministry no. 746/1998 regarding the approval of the Uniform Norms for the application of he Railway Transport regulation from Romania, the National Companies for the Railway Transport of Goods and Passengers and the National Railway Company CFR-SA shall issue own instructions for the execution of the transport and establishing the tariffs from the railway field.

Anatol Groapa