Management
General Director – Police Quaestor Mihaela-Florentina CĂLIN
Acting Deputy General Director – Police Chief –Commissioner Gabriel-Dan CRĂCIUN
Deputy General Director – Police Chief – Commissioner Viorel TATU
Introduction
The Legal General Directorate is the specialized central body of the Ministry of Internal Affairs, without legal personality, within the structure of the MIA’s Headquarters, with general material and territorial jurisdiction in the field of legal assistance, organized and operating in accordance with the provisions of Government Emergency Ordinance no. 30/2007 on the organisation and functioning of MIA, with subsequent amendments and supplements and of the Government Decision no. 416/2007 regarding the organizational chart and personnel of MIA, with subsequent amendments and supplements.
The activity of the General Directorate aims to manage and ensure the legality of acts issued or signed by the authorized officials according to law, the legality of contracts and acts entailing the financial liability of the Ministry, to represent and safeguard the interests of the Ministry or its structures without legal personality, before courts of law and other bodies with jurisdictional authority.
Responsibilities
- coordinates, controls, guides and monitors the legal assistance activity carried out by the specialized structures or by the personnel designated for this purpose at the level of the units within MIA’s Headquarters, of institutions and structures subordinated to MIA and their subordinated units;
- participates, through designated representatives, in drawing up, by the interested units, institutions and structures of MIA, of draft normative acts concerning the activity of the Ministry, according to the provisions established by the Regulation on methodological and organizational measures, deadlines and flow of draft normative acts in the Ministry of Internal Affairs;
- analyses the drafts of normative acts drawn up by MIA’s structures, with reference to the regulations on the observance of human rights, the European Union’s legislation and the treaties to which Romania is party;
- draws up, upon prior consultation of the interested units, institutions and structures of MIA, endorsement proposals for drafts of normative acts drawn up by the central or local public authorities, for which an endorsement by the Ministry of Internal Affairs is required, in order to be subsequently submitted to the management of the Ministry;
- endorses, from the legal point of view, the drafts of internal normative acts drawn up by the units within MIA’s Headquarters, by its subordinated institutions and structures, subject to the approval of the Minister, the Secretaries of State, the Secretary General and the Deputy Secretaries-General, as well as the drafts drawn up by other central public authorities, insofar as they are applicable to the MIA, under the terms stipulated by the Regulation on methodological, organizational measures, deadlines and flow of draft normative acts in the Ministry of Internal Affairs;
- participates, upon order of the MIA’s management, according to the law, through designated representatives, to endorse the drafts of higher-level legislative acts regarding MIA’s missions/jurisdiction, in front of the Government’s Secretariat General, as well as in the activity of the specialized committees of the Parliament or in the debates of the Senate or Chamber of Deputies’ plenary sessions, whenever such legislative projects are considered;
- coordinates, controls and monitors human rights and humanitarian law enforcement activities within and by the bodies of the MIA’s Headquarters, by the institutions and structures subordinated to MIA and their subordinated units, as well as the mode of implementation of the regulations concerning the prevention and fight against discrimination and, based on the resulting conclusions, drafts proposals for the elimination of the identified shortcomings, to be submitted to the management of the Ministry;
- draws up, upon prior consultation of the bodies within MIA’s Headquarters, its subordinated institutions and structures, drafts of the answers to the inquiries and questions addressed to the Minister of Internal Affairs and to the Prime Minister by deputies or senators, if these refer to MIA’s activities, as well as legal opinions regarding legislative proposals put forward by members of Parliament, which are subsequently submitted for approval by the Ministry’s management;
- represents and defends, through designated representatives, the legal interests of MIA in front of the public administration authorities, courts of law and other jurisdictional bodies, as well as in any proceedings provided for by the law, in cases where MIA is summoned;
- participates through its designated representatives, at central level, in thoroughly justified cases, in the public procurement or contract negotiation committees, along with the legal adviser of MIA’s Headquarters, of the institution or specialized structure subordinated to MIA, of the unit conducting public procurement procedures or of the unit negotiating the draft contract, or whenever the above-mentioned units or the hierarchically superior structure do not possess, for justified reasons, their own legal counsel;
- endorses, through its specialized personnel, the legality of draft contracts, agreements, or any other legal documents entailing legal liability of the bodies within MIA’s Headquarters or of the subordinated specialized structure, or in such cases where the unit, the institution or the specialized structure which has conducted the public procurement procedure or has drawn up the draft act or its hierarchically superior structure does not possess, for justified reasons, its own legal counsel.
Audience Schedule:
Tuesdays, 10.00-12.00 hrs.
