1. What is the title, rank and position of the Legal Adviser?

The title of Legal Adviser as such does not exist within the Romanian Ministry of Foreign Affairs. Its functions are carried out by two structures: The Department for Legal Affairs, headed by a Director General and the National Law and Litigation Directorate, headed by a Director. The international law issues are dealt with by the Department for Legal Affairs. Currently, Ms Alina Orosan, minister plenipotentiary, holds the position of Director General for Legal Affairs.

2. What are the principal functions of the OLA?

The Department for Legal Affairs consists of two directorates. One deals with procedural aspects of treaty law, the other on substantive matters and legal opinions. Within the Department there is also the Office for International Sanctions.

The International Treaties Directorate deals with all procedural aspects of treaty law, performing specific activities in relation to the negotiation, signature, consent and provisional application of treaties concluded by Romania. It is also involved in the signature and consent procedures applicable in the case of EU mixed agreements. The Directorate carries out functions that are incumbent on Romania as depository of multilateral treaties and oversees database of treaties to which Romania is a party.

The Directorate for International and EU law deals with substantive matters of treaty interpretation and practice, including EU external relations. It provides legal opinions for foreign policy decisions and supports participation by competent authorities to organisations and various treaty bodies. Within this Directorate functions the Office for International Sanctions. The Office coordinates the national application of obligations arising out of international sanctions regimes. It acts as secretariat to the Interinstitutional Council in implementing international sanctions, made up of national authorities with implementing powers and created to ensure the general framework of cooperation for the implementation of international sanctions in Romania

The National Law and Litigation Directorate is mainly responsible for providing legal assistance and representation of the Ministry of Foreign Affairs in the proceedings before domestic courts. It equally provides legal advice on different issues of domestic law and endorses, as regards legality, the contracts concluded by the Ministry, in accordance with national legislation, normative acts, orders and instructions of the Minister of Foreign Affairs.

3. Please give a brief description of staff employed by the OLA, including overseas staff. What is the distribution of posts between men and women within the OLA and what category of staff do they respectively belong to?

The staff employed within this department is composed mainly of diplomatic staff but also includes civil servants. The Department for Legal Affairs presently employs 8 men and 17 women.

There are no posts abroad formally reserved for lawyers. However, there are some posts that require solid legal expertise (e.g. Permanent Missions of Romania to UN in New York and Geneva, Permanent Representation of Romania to the Council of Europe in Strasbourg, Embassy of Romania in The Hague) and, in practice, diplomats with a solid legal background are posted in the above-mentioned missions.

4. Are there any specific recruitment and promotion policies, provisions and/or quotas to ensure non-discrimination and equal opportunities, e.g. for the underrepresented sex, for persons with disabilities or for persons belonging to ethnic or religious minorities or of immigrant origin?

The recruitment and promotion policies of the Romanian MFA are in line with the national, European and international requirements regarding non-discrimination and equal opportunities and do not provide for special treatment with respect to different social, ethnic, gender, disability etc. categories.

5. Is OLA staff trained on gender equality issues and are these issues mainstreamed into the OLA’s work?

Training provided or supported by the Romanian MFA for its staff may, occasionally, approach issues linked to non-discrimination and equal opportunities.

6. Briefly describe the organisation and structure of the OLA.

The Department for Legal Affairs is composed of two Directorates: the International Treaties Directorate, the Directorate for International and EU law and the Office for Implementation of International Sanctions.
The Department for Legal Affairs is headed by a Director General. The International Treaties Directorate and the Directorate for International and EU law are headed by Directors, while the Office for Implementation of International Sanctions is headed by a Head of Office.
The National Law and Litigation Directorate is headed by a Director.

7. What is the OLA’s place within the Ministry of Foreign Affairs?

The Department for Legal Affairs is subordinated to the Minister of Foreign Affairs.
The National Law and Litigation Directorate is directly subordinated to the Minister of Foreign Affairs.
Given its functions, the Romanian MFA has also other departments dealing with legal aspects of Romania’s external relations. These departments provide legal advice within the following fields: representation of Romania before the Court of Justice of the European Union (Government Agent for the Court of Justice of the European Union) and representation of Romania before the European Court of Human Rights (Government Agent for the European Court of Human Rights).

8. What are the main contacts of the OLA within Government?

The Department for Legal Affairs provides legal advice on matters of public international law and EU external relations law to other institutions. There is a constant relationship with the other ministries and institutions of the public administration. This contact is in most cases established through the External Relations Departments that exist within those ministries.
Generally, all communication between the State’s main institutions related to treaties or other international documents are made through the Department for Legal Affairs.

9. Please describe the relations of the OLA with lawyers in private practice, academics and legal institutions.

There is a very good partnership with academics, research institutes or other legal institutions. During the last years, The Romanian Ministry of Foreign Affairs, through the Department for Legal Affairs, has often organized conferences and seminars on different issues of international law (law of the sea, international humanitarian law, international criminal law etc.), in close cooperation with different non-governmental organizations and academic institutions.

10. Please provide a brief bibliography on the OLA, if available.

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