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Law No. 162 Of 29 May 1947 To Regulate The Citizenship Of Some Categories Of Inhabitants

Original Language Title:  LEGE nr. 162 din 29 mai 1947 pentru reglementarea cetăţeniei unor categorii de locuitori

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LEGE no. 162 162 of 29 May 1947 for the regulation of citizenship of certain categories
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 121 121 of 30 May 1947



+ Article 1 They are Romanian citizens even if they did not fulfill the formalities required by the Roman laws all those who on 26 Septemvrie 1920 were domiciled on the territory subject to the jurisdiction of the Romanian State, or who were born before this date on Suszis territory, as well as those who are born to parents who at that time had their domicile on the territory above shown. It shall be exempted: a) Persons who have legally acquired foreign citizenship; b) People who had, but did not expressly give up the quality of Romanian citizen. The statements of renunciation of Romanian citizenship given by Jews in the period 15 Decemvrie 1937-1 March 1938 and in the interval from 28 June 1940-23 August 1944, upon their departure or for the purpose of their departure from the country, are counted null. + Article 2 They are considered to have expressly given up the quality of Romanian citizen. a) They lived before August 30, 1940 for 10 years uninterrupted abroad without a valid passport except those who were absent from the country for work or who were denied visas or passport for racial reasons or for other purposes. their anti-fascist attitude; b) They volunteered in service to a foreign State that fought against the United Nations or were part of a military or paramilitary formation belonging to such a state. + Article 3 Persons who have evacuated or are evacuated from the U.R.S.S. on the territory of Romania, may benefit from the provisions of this law in case they had a Romanian citizenship on June 28, 1940. + Article 4 Those entitled to Romanian citizenship according to the present law, their wives, their descendants and wives, who have not fulfilled the forms required by previous laws or whose applications have been rejected, will be able to ask the tribunal of their domicile finding their quality as a Romanian citizen, within 1 year from the publication of the present law. The applications for the finding of Romanian citizenship will be accompanied by the documents proved and by the petitioner's declaration, given in authentic form, in the sense that it meets the conditions set out above; these statements can also be made in court. For the incapacitated the requests will be made by their legal representative, and in their absence by the special trustees, appointed by the competent court according to par. 1, at the request of the court or persons under whose protection the incapacity is located. + Article 5 The petitioners who are unable to procure proof documents due to deportation, internment in the camp, forced eviction from military areas, war sinisters or other causes of force majeure, will be able to prove with any means. legal evidence including witnesses and presumptions both the causes of force majeure and the legal acts on which the application for the finding of citizenship is based. + Article 6 The decisions of finding the Romanian citizenship will be urgently given in the council chamber with the citation of the party and with the conclusions of the public ministry. Decisions are enforceable. The term of appeal flows from the ruling. The final decisions of finding the citizenship will be communicated ex officio to the city hall of the petitioners to be registered in the register of nationality where there are such registers. + Article 7 After the expiry of the period provided by 4 those interested will be able to demand the finding of Romanian citizenship art. 2 2 of law no. 394 394 of 23 June 1943 to accelerate judgments in civil and commercial matters. + Article 8 The public ministry will be able to ask the tribunal to annul the decision finding Romanian citizenship if it was obtained through false decorations or fraudulent means. Those who obtained the finding of Romanian citizenship if obtained by false statements or fraudulent means, as well as the witnesses who made false statements in their favor will be punished with correctional imprisonment from 5 to 10 10 years. + Article 9 Subject to the exceptions provided in art. 1 and 2, are Romanian citizens who fall into the dispositions decree-law no. 2085 2085 of 22 May 1919 , their wives, their descendants and their wives, even if they did not make the statements provided by those decrees-laws. They will be able to make these statements within one year from the publication of this law. In order to be able to benefit from this provision, those entitled will have to prove that they are Jewish or belong to or belonged to a Jewish community in Romania. After the expiry of the period provided by 1, the procedure provided by art. 7 7 of this law. + Article 10 Legal provisions or regulation contrary to this law, as well as the law of 22 January 1938, for the revision of citizenship are repealed. Administrative decisions and judicial decisions, given under the law of January 22, 1938, by which it was held that a person is not a Romanian citizen are void of law. Those interested will be able to apply directly to that authority for re-registration in the registers from which they were removed pursuant to such decisions. + Article 11 It is considered that they did not lose the Romanian citizenship those who enlisted in any of the armies or forces of the United Nations military or paramilitary nations, if within one year from the publication of this law manifest the express will to keep Romanian citizenship by authentic declaration submitted to the Ministry of Justice by the holder of the right, and in case of death, by their wife or descendants. + Article 12 The woman is considered not to have lost the Romanian citizenship, which in the cases provided by art. 4 4, point b of Regulation no. 12 12 of 13 August 1945 , for the regulation of the citizenship of the inhabitants of the Northern Ardeal, si'a reserved this citizenship by the authentic declaration and mentioned on the edge of the marriage act, before the publication of the present law, or who will reserve it in the same conditions within one year from this date. + Article 13 Applications and procedural documents made in application of the provisions of this law shall be exempt from any taxes or stamps. (Opinion of the Legislative Council, section I, no. 54 54 of 1947) ---------------------