Implementarea normelor europene în domeniu prin modificări ale O.U.G. nr. 93/2012 privind Autoritatea de Supraveghere Financiară.

The Government Emergency Ordinance no. 93/2012 under which the Financial Supervisory Authority was established, has been amended and supplemented by other Emergency Ordinances mainly intended for the enforcement of the European rules in the matter. The main legislative amendments entered by Law no. 113/2013 on the approval of the Emergency Ordinance no. 93/2013, by the Emergency Ordinance no. 78/2013 and by the Emergency Ordinance no. 94/2013 have been examined. Thus, a new text has been introduced which sets forth that the Financial Supervisory Authority is the relevant authority at the national level for enforcing and following up the observance of the regulations directly applicable issued in the territory of the European Union, as well as for the transposition and enforcement in the domestic law of those provisions issued by the EU Council, EU Parliament, European Commission, as well as by other European authorities. Other amendments look at the assimilation, in certain issues, of the Bylaws of the Financial Supervisory Authority with the Bylaws of the National Bank of Romania. At the same time, the supplements of the original provisions are made clear, having as subject matter the incompatibilities and the conflict of interests amongst the members of the Financial Supervisory Authority Council, etc. Finally, it is considered that the amendments and the supplements of the original texts of the Emergency Ordinance no. 93/2012 managed to the largest extent, to transpose the European rules in the matter and at the same time, the legislative and institutional commitments have been taken into consideration, which the Financial Supervisory Authority assumed in relation to the European Commission and the International Monetary Fund, in order to harmonize them with the best international practices. On the other hand, any reservations are expressed in relation to the adoption of any successive emergency ordinances with amending or supplementing functions of the provisions of the original emergency ordinance regulating the organization of an authority. One considers that is necessary to find any solutions in order to provide a certain legislative stability, to this end proposing a harder observance and strict application of the legal technique requirements set forth by the Law no. 24/2000, as republished. [ABSTRACT FROM AUTHOR]