Building Knowledge for a Concerted and Sustainable Approach to Refugee Resettlement in the EU and its Member States

Legal and administrative framework

Romania

The Law on Asylum contains the legal basis for resettlement. The Government Decision (1596 of 4 December 2008) regulates resettlement and the Emergency Government Ordinance on the legal status of aliens (194/2002) defines the framework for entry, stay and exit of aliens on Romanian territory, their rights and obligations, as well as specific immigration control measures.

Moreover, the Government of Romania has concluded an Agreement with the UNHCR and the IOM Regarding Temporary Evacuation to Romania of Persons in Urgent Need of International Protection and their Onward Resettlement (2008).

Laws

* Law on Asylum (122/2006)

Abstract

The Law on Asylum regulates the asylum procedure, as well as the rights and obligations of refugees. It contains specific provisions for resettlement (unofficial translation):

Art. 3(5): ‘The Ministry of Administration and the Interior, through the Romanian Office for Immigration, can propose that Romania accepts refugees that are in other states, who have been recognized according to the Geneva Convention. The number and conditions of acceptance of these people will be established through a Government decision. These people will have the same rights and obligations in Romania as the refugees recognized by the Romanian State.’

Other articles of relevance for the resettlement procedure are: Arts.2, 3, 17 and 18 (rights of asylum seekers), 19 (obligations of asylum seekers), 20 (rights of refugees), 22 (obligations of refugees), 23, 26.

Files attached to this content:

Romania: Law on Asylum (122/2006) in Romanian

UNHCR agreements

* Agreement between Romania, the UNHCR and the IOM on resettlement (2008)

Abstract

The Agreement between the Government of Romania, the the Office of the United Nations High Commissioner for Refugees and the International Organization for Migration regarding Temporary Evacuation to Romania of Persons in Urgent Need of International Protection and their Onward Resettlement. The Agreement was ratified by the Law  no. 291 of 14 November 2008, signed in Bucharest on 8 May 2008 (published in Official Journal no. 777 of 20 November 2008).

The Agreement established an Emergency Transit Centre (ETC) in Timisoara. The ETC, the first of its kind in Europe, hosts refugees in urgent need of evacuation from their first asylum countries due to life threatening conditions. The refugees are hosted for a maximum period of 6 months, during which they are resettled to third countries.

Under the Agreement, the UNHCR is the one that covers all the costs resulting from the presence in Romania, including in the ETC, of the persons covered by the Agreement. The Ministry of Interior, through the Romanian Office of Immigration, provides the UNHCR (free of charge) accommodation spaces necessary for the persons covered by this Agreement and workspaces necessary to the UNHCR, its partners and the IOM.

Files attached to this content:

Agreement between the Government of Romania, the UNHCR and the IOM Regarding Temporary Evacuation to Romania of Persons in Urgent Need of International Protection and their Onward Resettlement (2008) in English

Decisions

* Emergency Ordinance on the legal status of aliens (194/2002)

Abstract

The Emergency Government Ordinance on the legal status of aliens sets the framework that regulates the entry, stay and exit of aliens on Romanian territory or from Romanian territory, their rights and obligations, as well as specific immigration control measures, according to the obligations undertaken by Romania through the international documents it has ratified.

The Ordinance provisions relevant for resettlement are attached below in a separate document, in English (unofficial translation).

Files attached to this content:

Ordinance provisions relevant to resettlement in English (unofficial translation)

Emergency Government Ordinance on the legal status of aliens (194/2002) in Romanian

* Decision on resettlement of foreigners (1596 of 4 December 2008)

Abstract

The Government Decision on resettlement of foreigners (published in Official Journal no.  831 of 10 December 2008) regulates resettlement and states that Romania will accept during the period 2008-2010 a total of 120 refugees. The Decision has expired at the end of 2010 and will be replaced with a new Government Decision that should be adopted in 2012.

Files attached to this content:

Government Decision on resettlement of foreigners (1596 of 4 December 2008) in Romanian

Government Decision on resettlement of foreigners (1596 of 4 December 2008) in English (unofficial translation)

* Decision on the resettlement of Refugees in Romania (810 of 10 August 2012)

Abstract

Romania has adopted a new decision to launch a resettlement programme. Government Decision no 810/2012 concerning the amendment and completion of Government Decision 1596/2008 on the resettlement of refugees to Romania, published in the Official Journal Part I, no 571 of the 10th of August 2012.

This decision launches a resettlement programme for 2012/2013. The decision defines a new quota (forty refugees over the two years) and improves resettlement procedures.

Please find an unofficial translation by our country collaborator, below.

Please also find a Statement of Reasons for Adoption of Decision 810/2012 (In Romanian only).

Files attached to this content:

Government Decision no 810/2012 on the resettlement of refugees to Romania

Statement of Reasons for the Adoption of Government Decision 810/2012

Romania snapshot

Size: 237,500 km2

Population: 21.5 million

Year of EU Entry: 2007

In the Schengen Area: No

Protection Status Granted: 108 (2011)

Resettlement Scheme: Programme (2008)

Resettlement Quota: 40 refugees/2 years

Resettled Refugees: 38 (2008)

Source: The information about the size, population, in the Schengen area, and year of EU entry is taken from europa.eu.