1.Order No. 6072/2023 approving transitional measures applicable to the national pre-university and higher education system
Considering the provisions of Article 248, paragraph (2) of Law no. 198/2023 on pre-university education, as well as the provisions of Article 260, paragraph (2) of Law no. 199/2023 on higher education,
Based on Article 13, paragraph (3) of Government Decision No. 369/2021 regarding the organization and functioning of the Ministry of Education, with subsequent amendments and completions,
The Minister of Education issues this order.
Article 1.
(1) The implementation schedule of the provisions of Law no. 198/2023 on pre-university education, as provided in Annex No. 1, which is an integral part of this order, is approved.
(2) The implementation schedule of the provisions of Law no. 199/2023 on higher education, as provided in Annex No. 2, which is an integral part of this order, is approved.
(3) Until the methodologies, regulations, and other normative acts necessary for the implementation of Law no. 198/2023 are developed, the provisions regarding the organization, functioning of the pre-university education system, and the conduct of the educational process in force as of September 1, 2023, shall apply.
(4) Until the methodologies, regulations, and other normative acts necessary for the implementation of Law no. 199/2023 are developed, the provisions regarding the organization, functioning of the higher education system, and the conduct of the educational process in force as of September 1, 2023, shall apply.
(5) In justified situations, for the smooth conduct of the educational process, the Minister of Education shall issue instructions.
Article 2.
(1) The framework plans and school programs for pre-university education applicable on the date of issuance of this order remain valid until the modification of the national curriculum, in accordance with the provisions of Law no. 198/2023, respectively until the beginning of the school year 2025-2026. The schedule for the entry into force of the new curriculum shall be established by the Minister of Education through an order.
(2) Until the entry into force of the provisions of Article 101 regarding the national assessment and admission to high school from Law no. 198/2023, the legal provisions in force as of September 1, 2023, shall apply, and the schedule for the conduct of national exams, the schedule for admission to the 9th grade, and the schedule for the certification exams for professional competencies shall be approved annually by the Minister of Education.
Article 3.
Until the entry into force of the provisions of Article 102 regarding the national baccalaureate exam from Law no. 198/2023, the legal provisions in force as of September 1, 2023, shall apply.
Article 4.
Until the entry into force of the provisions of Articles 174, 177, and 185 regarding the national licensing exam in the teaching career, the national competition for teaching positions, and the attainment of teaching ranks II and I from Law no. 198/2023, these shall be carried out in accordance with the legal provisions in force as of September 1, 2023.
Article 5.
Until the entry into force of the provisions of Article 86 regarding the student’s choice of curriculum from the school’s offer from Law no. 198/2023, the legal provisions in force as of September 1, 2023, shall apply.
Article 6.
By September 8, 2023, upon the proposal of the National Council for the Financing of Pre-university Education, the Minister of Education shall issue an order approving the framework methodology for granting merit scholarships, social scholarships, technological scholarships, and Olympic excellence scholarships I and II, applicable starting from the school year 2023-2024.
Article 7.
(1) The methodology for reorganizing the 3-year technical and vocational education classes, regulated by Law no. 1/2011, with subsequent amendments and completions, which operate within vocational schools and technological high schools, shall be issued by December 31, 2024.
Article 8.
(1) For the implementation of the provisions of Article 261 from Law no. 199/2023, higher education institutions shall finalize the new university charters, regulations, and organizational and operational methodologies thereof, to establish the new governing bodies in accordance with the provisions of this law.
(2) The procedures carried out at the level of higher education institutions regarding the method of choosing the leadership structures within them shall remain valid even after the entry into force of this order.
Article 9.
(1) The General Directorates, specialized directorates within the Ministry of Education, county/municipality of Bucharest school inspectorates, higher education institutions, and pre-university education units shall carry out the provisions of this order.
(2) Within the content of this order, starting from the reorganization date of the institutions under the Ministry of Education, the designation “county/municipality of Bucharest school inspectorates/Bucharest Municipality School Inspectorate” shall be read as “county pre-university education department/Bucharest Municipality Pre-university Education Department.”
Article 10. This order shall be published in the Official Gazette of Romania, Part I.
2.Emergency Ordinance No. 71/2023 for the extension of deadlines stipulated in Article 262, paragraph (32) of Law no. 85/2014 regarding insolvency prevention and insolvency
Considering the context created in the market following the initiation of bankruptcy proceedings against an insurance company with a significant market share in the field of insurance, especially in compulsory motor third-party liability insurance (RCA), covering damages caused to third parties by vehicle and tram accidents,
Since insolvency legislation regulates the automatic termination of insurance contracts within 90 days from the initiation of bankruptcy proceedings for insurance companies, and 150 days for warranty insurances, approximately 1.7 million RCA contracts of the recently bankrupt insurer are set to expire in the immediate future. This accounts for approximately 17% of the entire national vehicle fleet.
Taking into account that vehicles must have valid RCA insurance at all times, and the Romanian insurance market has only 6 authorized companies and two branches established under the right of establishment. These entities will need to absorb a high demand for RCA contracts in the near future due to the automatic termination of contracts with the bankrupt company, which may result in dysfunctionality in the insurance sector.
Considering the extremely low number of requests registered to date regarding the termination of insurance contracts with the insurer undergoing bankruptcy proceedings,
In view of the current economic context characterized by still-high inflation, which creates financial difficulties for both the population and economic operators who are obliged to conclude RCA insurance. This situation has the potential to encourage a tendency to postpone the decision to enter into new RCA contracts with other insurance companies operating in Romania,
Because, in the described context, there is a real danger of a decline in the level of compulsory RCA insurance coverage for the national vehicle fleet, in violation of Romania’s obligations under European legislation,
Since the lack of RCA insurance for guilty drivers leads to the obligation to pay compensation from the National Fund for Damages caused by uninsured vehicles, thereby increasing the need for its funding, a measure that results in higher contributions to this fund,
Taking into account the well-defined role that compulsory RCA insurance plays in society and the economy in terms of covering the risks to which other road users are exposed,
Because the delay in concluding RCA insurance can create difficulties in the supply of consumer goods to the population and can lead to the spread of the negative effects of the bankruptcy in the insurance sector to other branches of the national economy,
In order to avoid such negative effects, this emergency ordinance regulates the extension of the deadlines for the automatic termination of insurance contracts concluded with the insurer holding a significant market share in the RCA insurance segment, which is undergoing insolvency proceedings on the date of entry into force of this emergency ordinance, according to Article 262, paragraph (32) of Law no. 85/2014 regarding insolvency prevention and insolvency, with subsequent amendments and completions. Consequently, when the extended deadlines provided by this emergency ordinance expire, the number of valid RCA contracts will be significantly reduced.
Considering that all these elements concern a public interest and constitute an extraordinary situation that cannot be postponed and necessitates the immediate adoption of measures through an emergency ordinance to regulate longer deadlines for the automatic termination of insurance contracts concluded with the insurer holding a significant market share in the RCA insurance segment, which is undergoing insolvency proceedings on the date of entry into force of this emergency ordinance,
Given that the parliamentary procedure for adopting a legislative act that would regulate the proposed measures to mitigate the aforementioned negative effects could not result in the timely adoption of such an act, so as not to adversely affect the public interest,
Because the failure to adopt this emergency ordinance would have negative consequences for a significant number of RCA policyholders, the level of coverage in compulsory RCA insurance for the national vehicle fleet, violating Romania’s obligations under European legislation, and other branches of the national economy,
Taking into account that the matters presented concern a public interest and constitute an extraordinary situation that cannot be postponed,
Under Article 115, paragraph (4) of the Constitution of Romania, republished,
The Government of Romania adopts this emergency ordinance.
Article 1.
For insurance/reinsurance policies concluded by insurance/reinsurance companies undergoing insolvency proceedings on the date of entry into force of this emergency ordinance, the deadlines for automatic termination of 90 days, respectively 150 days, provided in Article 262, paragraph (32) of Law no. 85/2014 regarding insolvency prevention and insolvency, published in the Official Gazette of Romania, Part I, no. 466 of June 25, 2014, with subsequent amendments and completions, are extended by 90 days.