in a failure to uphold the rights of stateless people, leaving many facing years of
uncertainty, social exclusion, risks of arbitrary immigration detention, and other human
rights violations.33
33. Moreover, according to international norms and standards, statelessness status should
include a residence permit, access to economic, social, civil, and political rights, the right
to administrative assistance, exemption from requirements stateless people cannot
meet because they are stateless, and other rights protected by international law. States
should also establish a facilitated route to naturalisation so stateless people can acquire
a nationality and resolve their statelessness.34
34. Positively, Law 362/2005 transposes the 1954 Convention,35 therefore the definition of
a stateless person and exclusion provisions are in accordance with the 1954 Convention
and the courts apply them in practice.
35. However, Romania does not currently have a dedicated SDP to identify stateless persons
on its territory, determine their statelessness, and facilitate their access to rights. While
there are some procedures in which statelessness may be acknowledged (e.g. during
asylum procedures, returns, or border procedures), there is no clear procedure set in
law, nor any Government guidance nor training on statelessness for decision-makers.36
In general, no rights are granted to stateless people on the basis of their statelessness,
and the rights they can access depend on the respective status as asylum-seekers,
persons with irregular residence status (at the border or in detention), persons with a
tolerated stay permit, or persons granted another form of protection or residence.
Generally, no distinction is made between people with or without a nationality in these
contexts.
36. Stateless people who qualify for a residence permit, international protection or
tolerated stay will be issued with identity documents. Stateless persons are specifically
mentioned as beneficiaries of health insurance, the public pensions system, minimum
inclusion income, social assistance, insurance for accidents at work and occupational
health, preventing and combating social marginalisation, labour rights, protection of
maternity in the workplace, apprenticeships, family support, and access to education.
However, apart from emergency medical services, these benefits are accessible only to
stateless persons who have a valid residence permit. Stateless persons are not
mentioned among the priority categories for housing, and access to legal aid is limited
to people who have a residence permit or the right to stay.37 Stateless persons granted
tolerated stay are issued with documentation but have limited access to certain rights.
37. Statelessness may be acknowledged during asylum, return, or border procedures. In the
asylum procedure, statelessness is considered based on statements provided when
submitting an application, it may be further assessed during the substantive interview,
and the authorities may require evidence of statelessness. For example, some
33
Statelessness Index, Statelessness Determination and Protection in Europe: Good Practice, Challenges, and Risks, 2021:
https://index.statelessness.eu/sites/default/files/ENS-Statelessness_determination_and_protection_in_EuropeSep_2021_0.pdf.
34 ibid.
35 With the reservations made to Articles 23, 27 and 31 of the 1954 Convention.
36
Law no. 362 of 13 December 2005, Official Gazette No. 1146 of 19 December 2005:
http://legislatie.just.ro/Public/DetaliiDocument/66980 (RO); Emergency Ordinance No. 194/2002 on the legal regime of
foreigners in Romania, Article 2(b): http://legislatie.just.ro/Public/DetaliiDocument/93712 (RO) (ENG translation available at:
https://www.legislationline.org/documents/id/5082).
37
ENS, Statelessness Index, Romania: https://index.statelessness.eu/country/romania.
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