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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Law No. 162 of 29 May 1947 for regulating citizenship of certain categories of residents published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 121 on 30 May 1947 Article 1 Are Romanian citizens even if they have not fulfilled the formalities required by Romanian laws all those who Septemvrie 26th 1920 were domiciled in the territory subject to the Roman State, or jurisdictiunei who were born before this date on suszisul territory, as well as those who are born from parents who at that time had their residence in the territory of above pointed out.
Shall be exempt: (a) persons who are legally competent), legally, foreign citizenship;
  

b) people who have had, but have not given up the quality of the Romanian citizen.
  

The testimony of Romanian citizenship waiver given by Jews in the range 15-1 March 1937 Decemvrie (1938) and in the range of 28 June 1940-Lyssa on August 23, 1944, at departure or for their departure from the country, are considered null and void.


Article 2 Are deemed to have waived the status of citizen.

a) lived before 30 August 1940 for 10 uninterrupted years abroad without valid passport except to those who were deprived of their land in the course of their work or to which they were denied visas or passport racial reasons or for their attitude antifascista;
  

b) entered a State service volunteers who fought against foreign Nations or were part of a military formation or paramilitara belonging to such a State.
  


Article 3 persons were evacuated or are taking from the U.s.s.r. on Romanian territory, may benefit from dispoziţiunile this law when they had Romanian citizenship on 28 June 1940.


Article 4 the justified the Romanian citizenship under this law, their wives, their descendants and their spouses, who have fulfilled the required forms from previous laws or whose applications have been rejected will be able to ask the Court for the place of their finding their quality of Romanian citizen, within one year of the publication of law on the face.
Applications for Romanian citizenship will be accompanied by the statement of the acts proved and petitioner, in authentic form, meaning that it meets the rigid conditions laid down above; These declaraţiuni will be made and in court.
For applications will be made incapable by their legal representative, and in the absence of special representatives appointed by the jurisdiction of the Court under paragraph 2. 1 at the request of the Court or persons under the protection of which is located incapabilii.


Article 5 Petitionarii who was unable to procure the supporting acts due to deportation, deaths in prison camp, forced to evacuate from the areas of military, sinistrelor R2, or other causes of force majeure will be able to prove with any legal means of sample including witnesses and presumptions both causes of force majeure and legal facts-and the request based on the citizenship.


Article 6 the decisions establishing the Romanian citizenship will be given in an emergency Council with summoning the party and with the Ministry of public concluziunile. Decisions are enforceable. The term call flows dela pronouncement.
Final decisions of citizenship shall be communicated to the Office of the City Hall of residence petitionarilor to be entered in the register of nationality where there are also records.


Article 7 after the expiry of prescribed by art. 4 those interested will be able to ask for a determination of the Romanian citizenship under art. 2 of law No. 394 dated 23 June 1943 for accelerating judecaţilor in civil and commercial matters.


Article 8 public Ministry will be able to ask a court annulment of the decision of the Romanian citizenship has been obtained through false or fraudulent means decorations.
Those who have obtained Romanian citizenship if the finding was obtained through false or fraudulent means, declaraţiuni, as well as witnesses who made statements in favour of their lying will be punished with correctional imprisonment up to 5 generations from 10 years.


Article 9 subject to excepţiunilor. 1 and 2, are Romanian citizens those who fall within dispoziţiunile of the Decree-Law nr. 2051 of 22 May 1919, their wives, their descendants and their spouses, even if they have not made the testimony referred to by those decrees-laws. They will be able to make these declaraţiuni within one year after the publication of this law from the rock.
To qualify for this dispoziţiune, the justified will have to prove that are Jews or that belong to or have belonged to the Jewish community from Romania.
After expiry of the period provided for in paragraph 1. 1, will be able to use the procedure provided for in article 4. 7 of this law.


Article 10 legal or regulatory Dispoziţiunile contrary to this law, and the law of 22 January 1938, for the revision of citizenship are repealed.
Deciziunile and administrative judgments, given under the law of January 22, 1938, by which he held that a person who is not a Romanian citizen are null and void.
Those interested will be able to ask directly to the respective authority re-registration in the books from which they were removed on the basis of such decisions.


Article 11 shall be considered as ' lost their Romanian citizenship by those who were enlisted in any armies or military or paramilitary forces of the Nations of the United Nations, if within one year of publication of the present law, which from the manifest express willingness to preserve the authentic Romanian citizenship through declaraţiune at the Ministry of Justice filed by the holder of the right, and in the event of death, his wife or their descendants.


Article 12 shall be considered not to have Romanian citizenship lost the woman that in cases provided for by art. 4, point (b) of Regulation No 17. 12 of 13 August 1945, for the regulation of residents ' citizenship din Ardealul de Nord, and has reserved this citizenship through authentic and referred to the statement on the sidelines of the Marriage Act, before the publication of this law, or who's going to reserve under the same conditions within one year of that date. MORIS


Article 13 requests and acts of procedure made pursuant to dispoziţiunilor of the present law, are exempt from any fees or postage.
(Opinion of the Legislative Council, I, no. 54 of 1947) ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─