What does the fiscal reduction ordinance put in transparency by the Ministry of Finance entail

From the entry into force of the emergency ordinance, the Government approves monthly, until the end of the current month for the following month, monthly limits of commitment credits and budget credits, for the main credit orderers fully financed from the state budget, the social insurance budget of state and the budgets of the special funds, within which the main credit officers conclude legal commitments respectively open and distribute budget credits for their own budget and for subordinate public institutions. By way of exception, no monthly limits are approved for: interest, projects with financing from external non-reimbursable funds, projects with financing from the National Recovery and Resilience Plan, loans and credit repayments, balancing transfers to social security budgets. The Minister of Finance is authorized to approve the modification of the limits of some main credit orderers established as a result of the use, under the law, of the funds at the disposal of the Government, of the use of the mechanism for ensuring the funds necessary for the compensation of energy and natural gas bills, regulated by art. 15 of the Government Emergency Ordinance no. 27/2022 regarding the measures applicable to end customers in the electricity and natural gas market in the period April 1, 2022 – March 31, 2023, as well as for the amendment and completion of some normative acts in the field of energy, with subsequent amendments and additions and the use of donations and sponsorships, according to art. 63 of Law no. 500/2002, with subsequent amendments and additions.

The heads of public authorities and institutions, regardless of the way of financing and subordination, have the obligation to order the necessary measures in order to reduce by 10% the expenses approved for the year 2023 under the title “Goods and services”, excluding the amounts not distributed in accordance with the provisions of art. 21 para. (5) from Law no. 500/2002, with subsequent amendments and additions. In thoroughly justified cases, the main credit orderer can approve subordinated secondary and/or tertiary credit orderers to exceed the previously stipulated level, in which case compliance with the stipulated conditionality is monitored cumulatively at the level of the main credit orderer, for each individual funding source . The provisions do not apply to the expenses of medicines and sanitary materials, to medical services, to the expenses of actions and health programs, as well as to the expenses related to pre-university and university education units.

According to the project, in the year 2023, starting with the entry into force of this emergency ordinance, public authorities and institutions, regardless of the way of financing and subordination, including activities fully financed from own revenues established in addition to them, are prohibited from acquiring, taking over leasing or renting: cars, furniture and office equipment. Ensuring the needs of such goods can only be done through redistribution within the same institution or from other public institutions. I make an exception from these provisions for newly established public authorities and institutions after the date of entry into force of this emergency ordinance, only in the first year of operation, if they do not come from the restructuring and/or reorganization of other public institutions, already existing; investment objectives to be put into operation after the date of entry into force of this emergency ordinance; the purchases made within the projects financed from non-reimbursable external funds and the projects financed from the National Recovery and Resilience Plan.

The public procurements in progress at the date of entry into force of this emergency ordinance will be finalized on the basis of the legal provisions in force at the date of initiation of the respective procedures, only in the conditions where the contracting authority has already sent, until the entry into force of this emergency ordinances, to publish the announcement or invitation to participate.

Also in the year 2023, starting with the entry into force of this emergency ordinance, the filling of vacant or temporarily vacant positions by competition or examination is suspended, with the exception of single positions in public institutions and authorities, local public institutions. In the sense of this emergency ordinance, a single position is understood as: that position whose attributions, by their content and nature, or the responsibility established are not found in another organizational structure or a position among those in the structure in which there are only positions holidays. By way of exception, in thoroughly justified cases, by means of a memorandum approved at the Government meeting, the organization of contests or exams can be approved for the filling of vacant or temporarily vacant positions in public institutions and authorities with the justification of the need and with the inclusion of the personnel expenses approved for this purpose in the budget , respectively by memorandum approved in the Government meeting, initiated by the Ministry of Development, Public Works and Administration, for the filling of vacant or temporarily vacant positions in local public institutions. For the positions for which the written test of competitions or exams or, as the case may be, the practical test was held, prior to the entry into force of this emergency ordinance, the procedures for their occupation may continue, according to the provisions in force on that date. By way of derogation from these provisions, public leadership positions may be exercised on a temporary basis, without the obligation to organize contests, with the prior notification of the National Agency of Civil Servants 5 days before the measure is ordered. By way of derogation, during the period of application of this measure, the transfer on request is made at the request of the civil servant, with the approval of the head of the public authority or institution where the civil servant is to carry out his activity, as well as of the head of the public authority or institution where the civil servant carries out his activity public.

Regarding the salary of the staff paid from public funds, with the subsequent amendments and additions, it changes and will have the following content: Staff who hold the scientific title of doctor benefit from an allowance for the scientific title of doctor in the amount of 50% of the basic salary level minimum gross per country guaranteed in payment, which is granted monthly only if he carries out his activity in the field for which he holds the title and if he has a set of objective and quantifiable duties in the job description that allow the monthly verification of the way in which his activity is capitalized additionally. The salary amount of this allowance is not taken into account when determining the limit of increments, compensations, premiums, awards and allowances provided for in art. 25.

Within 30 days from the entry into force of this emergency ordinance, the heads of public authorities and institutions, regardless of the way of financing and subordination, have the obligation to order the modification of job descriptions.

By way of derogation, the amounts withheld, in the proportion of 10% in the state budget, in the state social insurance budget and the unemployment insurance budget are canceled on the occasion of the first budget correction, with the exception of investment expenses, expenses with state reserve stocks and of mobilization and expenses related to civil compensations.

Also by way of derogation, the main authorizing officers of credits are authorized to carry out transfers of budget credits and commitment credits between programs throughout the year, over the prescribed limit, with the inclusion of the approved budget provisions, with the corresponding modification of annex no. 3/xx/27 “Budget program sheet”.