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Law No. 122 Of 4 May 2006 Concerning The Asylum In Romania

Original Language Title:  LEGE nr. 122 din 4 mai 2006 privind azilul în România

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LEGE no. 122 122 of 4 May 2006 (* updated *) on asylum in Romania ((updated until 24 December 2015 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 Regulatory object This law establishes the legal regime of foreigners seeking international protection in Romania, the legal regime of foreigners beneficiaries of international protection in Romania, the procedure for granting, termination and cancellation of protection international in Romania, the procedure for establishing the Member State responsible for analysing the asylum application, as well as the conditions for granting, excluding and terminating temporary protection. ----------- Article 1 has been amended by section 1. 1 1 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. + Article 2 Defining terms (1) For the purposes of this Law, the following terms and expressions shall read as follows: a) the form of protection-international protection or temporary protection granted by the Romanian state; ----------- Lit. a) a par. ((1) of art. 2 2 has been amended by section 4.2 2 2 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. a ^ 1) international protection-refugee status or subsidiary protection status; -------- Lit. a ^ 1) a par. ((1) of art. 2 2 was introduced by section 4.2. 1 1 of art. II of LAW no. 376 376 of 19 December 2013 , published in MONITORUL OFFICIAL no. 826 826 of 23 December 2013. a ^ 2) beneficiary of international protection-the foreign citizen or the stateless person who was recognized as a refugee or was granted subsidiary protection, under the conditions of this law; ----------- Lit. a ^ 2) a par. ((1) of art. 2 2 was introduced by section 4.2. 3 3 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. b) applicant or asylum seeker-the foreign citizen or the stateless person who has indicated his will to obtain international protection in Romania, as long as the asylum procedure with regard to his application has not been completed; ----------- Lit. b) a par. ((1) of art. 2 2 has been amended by section 4.2 4 4 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. b ^ 1) applicant requiring special procedural guarantees-an applicant for international protection whose ability to benefit from the rights and to fulfil the obligations laid down by this law is limited as a result of circumstances individual who may be due, inter alia, to the age, sex, sexual orientation, gender identity, disability, serious illness, mental illness or disorder or as a result of torture, rape or other serious forms of violence. psychological, physical or sexual, etc.; ----------- Lit. b ^ 1) a par. ((1) of art. 2 2 was introduced by section 4.2. 1 1 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. b ^ 2) applicant requiring special reception conditions-vulnerable person, in accordance with art. 5 ^ 1, which needs special guarantees to benefit from rights and fulfill its obligations in accordance with this law; ----------- Lit. b ^ 2) a par. ((1) of art. 2 2 was introduced by section 4.2. 1 1 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. c) foreign-foreign citizen or stateless person; d) application for granting international protection or asylum application-the request made by a foreign national or a stateless person for the purpose of obtaining international protection from the Romanian state, as long as he does not explicitly request another type of protection which may be the subject of a separate application; ----------- Lit. d) a par. ((1) of art. 2 2 has been amended by section 4.2 4 4 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. e) the country of origin-the country of which the citizen is, in the case of the foreign citizen, or, if he holds several citizens, each country of which he is a citizen, and in the case of stateless persons, the country or the countries in which they have their habitual residence; f) the asylum procedure-the totality of the acts and formalities carried out, and of the activities carried out by the competent authorities, with a view to recognising the refugee status or, where appropriate, the granting of subsidiary protection; f ^ 1) refugee-foreign citizen or stateless person fulfilling the conditions laid down in the Convention on the Status of Refugees, concluded in Geneva on 28 July 1951, hereinafter referred to as the Geneva Convention, to which Romania acceded by Law no. 46/1991 ; ----------- Lit. f ^ 1) a par. ((1) of art. 2 2 was introduced by section 4.2. 5 5 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. g) refugee status-the form of international protection by which the Romanian state recognizes the quality of refugee, under the conditions of this law; ----------- Lit. g) a par. ((1) of art. 2 2 has been amended by section 4.2 4 4 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. h) subsidiary protection-the form of international protection granted by the Romanian state, under the conditions of this law; ----------- Lit. h) a par. ((1) of art. 2 2 has been amended by section 4.2 4 4 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. i) temporary protection-an exceptional procedure designed to ensure, in the event of a massive flow or impending massive flow of displaced persons from third countries who cannot return to their country of origin, immediate and temporary protection of some such persons, in particular if there is a risk that the asylum system cannot process this flow without adverse effects for its efficient operation, in the interests of the persons concerned and of other persons in need of protection; j) family members-in so far as, at the time of application by the main applicant, the family exists in the country of origin, the following family members of the beneficiary of refugee status or subsidiary protection: ((i) the spouse or, where appropriate, the wife of the beneficiary of the refugee status or subsidiary protection; (ii) minor children of the beneficiary of refugee status or subsidiary protection or minor children of the spouse of the beneficiary, provided that they are unmarried, whether they are from or outside marriage or adopted according to national legislation of the country of origin ----------- Pct. ((ii) a lit. j) a par. ((1) of art. 2 2 has been amended by section 6 6 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. (iii) the father or mother of the beneficiary of international protection or another major person who is responsible for it according to the Romanian law, when the beneficiary is a minor and unmarried. ----------- Pct. ((iii) a lit. j) a par. ((1) of art. 2 2 has been introduced by section 7 7 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. k) minor-foreign citizen or stateless person who has not reached the age of 18; ----------- Lit. k) a par. ((1) of art. 2 2 has been amended by section 4.2 4 4 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. k ^ 1) unaccompanied minor-minor, foreign or stateless citizen, who enters the territory of Romania unaccompanied by parents or a major person to be responsible for it according to the Romanian law and is not actually taken into care of such a person, as well as the minor who is left unaccompanied after entering the territory of Romania; ----------- Lit. k ^ 1) a par. ((1) of art. 2 2 was introduced by section 4.2. 8 8 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. l) displaced persons-citizens of third countries or stateless persons who have had to leave their countries or regions of origin or have been evacuated, in particular in response to the call of international organizations, and who cannot return to safety conditions due to the situation that persists in that country, which may fall within the scope of art. 1 lit. A of the Geneva Convention or of other national or international instruments which Romania is obliged to comply with, by which international protection is granted, in particular: ((i) persons who have left areas of armed conflict or widespread violence; (ii) persons exposed to major risks or who have been victims of systematic or widespread infringements of their rights; m) massive flow-the arrival in the European Union of a large number of displaced persons coming from a specific country or geographical area, regardless of whether their arrival in the European Union was spontaneous or helped; n) transit zone-the area located at the state border or near it, intended for the stationing of persons who have not received the approval of entry into the territory, means of transport and goods, until the establishment of their regime legal at the state border crossing. In the case of international airports, the transit zone shall mean the area between the embarkation/disembarkation point and the places intended to carry out the border crossing; o) accommodation center-any space used for the collective accommodation of asylum seekers. p) reception conditions-all measures taken by the Romanian state in favour of applicants for international protection, in accordance with this law; ----------- Lit. p) a par. ((1) of art. 2 2 was introduced by section 4.2. 2 2 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. q) material reception conditions-assistance to applicants for international protection, including accommodation, food, maintenance and hygiene materials, clothing and shoes, transport, which may be granted in kind, in the form of allowances financial or vouchers or through a combination of these 3 elements, under conditions established by Government decision. ----------- Lit. q) a par. ((1) of art. 2 2 was introduced by section 4.2. 2 2 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. ((. In the implementation of the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a foreigner, the definitions set out in: a) Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast), published in the Official Journal of the European Union, L series, no. 180 180 of 29 June 2013, hereinafter referred to as the Dublin Regulation; b) Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of the Eurodac system for the comparison of fingerprints for the purposes of effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, and on the requests of the law enforcement authorities of the Member States and Europol for the comparison of Eurodac data in order to ensure compliance with the law and to amend Regulation (EU) No 1.077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (recast), published in the Official Journal of the European Union, L series, no. 180 180 of 29 June 2013, hereinafter referred to as the Eurodac Regulation. ----------- Alin. ((2) of art. 2 2 has been introduced by section 1 1 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Article 3 Romanian Immigration Office ----------- Name art. 3 3 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". ((1) Abrogat. ------------- Alin. ((1) of art. 3 was repealed by the subsection. 1 1, point I al art. 6 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 424 of 26 June 2007. ((3) The amounts necessary to cover the expenses occasioned by the establishment, operation and maintenance of the centers provided in par. (2) is borne from the budget of the Ministry of Internal Affairs, depending on the actual costs, within the limits of the funds allocated with this destination from the state budget. ((3 ^ 1) In application of the provisions of this law, the General Inspectorate for Immigration may use interpreters and certified translators under the conditions Law no. 178/1997 for the authorization and payment of interpreters and translators used by the Superior Council of Magistracy, the Ministry of Justice, the Prosecutor's Office of the High Court of Cassation and Justice, the National Anti-Corruption Directorate, the prosecution bodies criminal, by the courts, offices of public notaries, lawyers and bailiffs, with subsequent amendments and completions, for performing interpretation and/or translating in and out of foreign languages, to request forensic or other expertise, as well as consult specialists. ----------- Alin. (3 ^ 1) of art. 3 3 has been introduced by section 3 3 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. ((3 ^ 2) Payment of interpreters and translators referred to in par. ((3 ^ 1) is made under the conditions Law no. 178/1997 , with subsequent amendments and completions. ----------- Alin. (3 ^ 2) of art. 3 3 has been introduced by section 3 3 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (3 ^ 3) Interprets and translators referred to in par. (3 ^ 1) travelling in a locality other than the domicile, for carrying out the works requested by the General Inspectorate for Immigration, benefit from transport expenses and, as the case may be, accommodation and delegation allowance, according to the legal provisions applicable in budgetary units. ----------- Alin. (3 ^ 3) of art. 3 3 has been introduced by section 3 3 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. ((3 ^ 4) If no authorized interpreters or translators can be used under the conditions Law no. 178/1997 , with subsequent amendments and completions, the General Inspectorate for Immigration may use trusted persons who know the languages of/and in which the translation and/or interpretation of the respective language is made, the provisions of par. ((3 ^ 2) and (3 ^ 3) applying properly. In case of use of trusted persons for translation and/or interpretation the consent of the applicant for international protection is required. ----------- Alin. (3 ^ 4) of art. 3 3 has been introduced by section 3 3 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (4) The Ministry of Internal Affairs, through the Romanian Immigration Office, is responsible for Romania's voluntary contribution to the budget of the United Nations High Commissioner for Refugees (UNHCR). ----------- Alin. ((4) of art. 3 3 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". ((5) On the basis of decisions adopted at European Union level or bilateral agreements concluded by Romania with other Member States of the European Union, the Ministry of Internal Affairs, through the General Inspectorate for Immigration, may propose the takeover of to Romania of the following categories of foreigners: a) refugees located in the territory of third countries, whose status has been recognised in accordance with the Geneva Convention; b) asylum seekers or beneficiaries of subsidiary protection granted by a Member State of the European Union. ----------- Alin. ((5) of art. 3 3 has been amended by section 4 4 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (5 ^ 1) The number and conditions for taking over the foreigners referred to in par. (5) shall be established by Government decision. These persons have the same rights and obligations in Romania as applicants who have applied for asylum in Romania, namely beneficiaries of international protection in Romania. ----------- Alin. (5 ^ 1) of art. 3 3 has been introduced by section 5 5 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (6) The General Inspectorate for Immigration shall participate with experts in the establishment of asylum support teams, as well as any other activities organized according to Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 on the establishment of a European Asylum Support Office, published in the Official Journal of the European Union, L series, no. 132 132 of 29 May 2010. ----------- Alin. ((6) of art. 3 3 has been introduced by section 3 3 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. (7) The General Inspectorate for Immigration cooperates with the other structures of the Ministry of Internal Affairs and other institutions of the defense system, public order and national security in order to ensure logistic resources and staff for participating in the right organised activities Regulation (EU) No 439/2010 of the European Parliament and of the Council, according to the requirements of the European Asylum Support Office, hereinafter referred to as BESA. ----------- Alin. ((7) of art. 3 3 has been introduced by section 3 3 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. (8) The rights of daily allowance, accommodation and those related to the movement from Romania to the host Member State and from the host Member State to Romania, benefiting the experts participating in the activities organized according to Regulation (EU) No 439/2010 of the European Parliament and of the Council, shall be established by Government Decision. ----------- Alin. ((8) of art. 3 3 has been introduced by section 3 3 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. (9) The General Inspectorate for Immigration shall draw up and review the preventive action plan, on its own initiative or upon referral to the European Commission under the conditions provided for in the Dublin Regulation. With a view to drawing up, reviewing and implementing this plan, the General Inspectorate for Immigration may request the support of the European Commission, other Member States, the EASA and other competent agencies of the European Union. The preventive action plan and its revisions are approved by the Minister of Internal Affairs. ----------- Alin. ((9) of art. 3 3 has been introduced by section 3 3 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. ((10) At the request of the European Commission, the Ministry of Internal Affairs, through the General Inspectorate for Immigration, shall draw up and review the action plan in order to manage the crisis situations arising in the functioning of the asylum system in Romania, in accordance with the Dublin Regulation. The preparation, review and implementation of the plan shall be carried out in collaboration with the European Commission and the EASA. The action plan for crisis management and its revisions is approved by the Government, by memorandum, at the proposal of the Minister of Internal Affairs. ----------- Alin. ((10) of art. 3 3 has been introduced by section 3 3 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. (11) The General Inspectorate for Immigration organizes and coordinates the conduct of the BESA activities carried out on Romanian territory. ----------- Alin. (11) of art. 3 3 has been introduced by section 3 3 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Chapter II Principles and procedural guarantees + Article 4 Access to the asylum procedure The competent authorities shall ensure access to the asylum procedure to any foreign or stateless citizen, on the territory of Romania or at the border, from the moment of manifestation of will, expressed in writing or orally, showing that he requests protection of the Romanian state, except in the situations referred to in 50 ^ 1, art. 91 91 para. ((2) lit. b), art. 95 95 para. ((2), art. 96 96 para. ((2), art. 97 97 para. ((2) and in art. 120 120 para. ((2) lit. a). ----------- Article 4 has been amended by section 4. 6 6 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 5 Nondiscrimination The provisions of this law apply without discrimination, regardless of race, nationality, ethnicity, language, religion, social category, beliefs, sex, sexual orientation, age, disability, chronic non-contagious disease, HIV infection or membership of a disadvantaged category, the material situation, the status at birth or the acquired status or any other distinction. + Article 5 ^ 1 Vulnerable persons situation (1) The application of the provisions of this law shall be made with the consideration of the special needs of vulnerable persons (2) In the category of vulnerable persons minors, unaccompanied minors, persons with disabilities, elderly persons, pregnant women, single parents accompanied by their minor children, victims of human trafficking, persons who suffer from serious conditions, people with mental illness and people who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, or in other special situations. (3) For the purposes of this law belonging to the category of vulnerable persons shall be determined after the application for asylum, as soon as possible, by specialists from the General Inspectorate for Immigration, based on an evaluation individual. In order to carry out the individual assessment and take appropriate measures to ensure the rights and guarantees provided for by this Law, the competent authorities shall provide expert support at the request of the General Inspectorate for Immigration. (4) If vulnerable persons with special needs have been identified, the specialist staff of the General Inspectorate for Immigration shall carry out assessments for the purpose of identifying special needs and shall order the appropriate measures for the purpose of to ensure the rights and guarantees provided for by this Law during the asylum procedure. (5) In the administrative phase of the asylum procedure, the acts drawn up prior to the finding of special needs will be restored and/or completed, only if necessary for the proper settlement of asylum applications. (6) The General Inspectorate for Immigration shall monitor the situation of applicants with special reception needs and, together with the competent authorities, ensure that the assistance provided to them is granted throughout the asylum procedure. ----------- Article 5 ^ 1 has been amended by section 1. 7 7 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 6 Non-return (1) No measures may be taken against the asylum seeker for expulsion, extradition or forced return from the border or from the territory of Romania, except as provided for in art. 44 44 of Law no. 535/2004 on preventing and combating terrorism. (2) The person who has been recognized as a refugee or granted subsidiary protection is protected against expulsion, extradition or return to the country of origin or any state in which life or his freedom would be endangered or otherwise protected. who would be subjected to torture, inhuman or degrading treatment. (3) Without prejudice to the provisions of par. ((2) and without affecting, automatically, the form of protection they benefit from, the person who has been recognized as a refugee or who has been granted subsidiary protection can be removed from the territory of Romania, if: a) there are strong reasons for the person concerned to be considered a danger to the security of the Romanian State; or b) the person concerned, being convicted of a serious crime by a final decision, constitutes a danger to the public order in Romania. (4) For the purposes of this law, a serious crime means any offence committed with intent for which the law provides for the custodial sentence whose special maximum is over 5 years. ----------- Alin. ((4) of art. 6 6 has been amended by section 10 10 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. + Article 7 Family unit The Romanian authorities ensure compliance with the principle of family unity, in accordance with the provisions of + Article 8 Best interests of the child In application of the provisions of this law, all decisions regarding minors shall be taken in compliance with the best interest of the child + Article 9 Period of granting a form of protection Refugee status and subsidiary protection are granted for an indefinite period. -------- Article 9 has been amended by section 6.6. 2 2 of art. I of LAW no. 18 18 of 4 March 2013 , published in MONITORUL OFFICIAL no. 122 122 of 5 March 2013. + Article 10 Confidentiality All data and information on the application for asylum are confidential. The obligation to respect confidentiality lies with all authorities, organisations carrying out activities in the field of asylum or third parties involved in the asylum procedure or who, incidentally, take possession of such data. + Article 11 Cause of unpunished The acts of illegal entry or stay on the territory of Romania, committed by persons who have been granted a form of protection under this law, shall not be punished. -------- Article 11 has been amended by art. 178 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 12 Active role The competent authorities with the settlement of asylum applications shall investigate, ex officio, any factual and legal circumstances which may lead to the resolution of the case, even if such circumstances have not been invoked or referred to in the application for asylum or in Complaint. ----------- Article 12 has been amended by section 4.2. 11 11 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. + Article 12 ^ 1 Staff training (1) The General Inspectorate for Immigration shall ensure the specific training of staff with competence in the field of asylum and integration, through training programmes at work and training in vocational training institutions of the Ministry of Internal Affairs. Relevant preparatory resources, including those developed by the BESA, are being considered for this purpose. (. Training and training programmes shall include aspects relating to: a) international and European Union law on human and asylum rights; b) the processing of applications for international protection of vulnerable persons; c) identification mechanisms and assistance to vulnerable persons; d) interviewing techniques; e) the use of expertise in the asylum procedure; f) supply and use of information from the country of origin; g) the procedure for determining the Member State responsible for analysing the application for asylum. ----------- Article 12 ^ 1 was introduced by item 1. 8 8 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 12 ^ 2 Training of staff of other competent bodies to receive asylum applications The General Inspectorate for Immigration provides the staff of the authorities provided for in 35, competent with the receipt of applications for international protection, relevant information and the appropriate preparation for the performance of these duties, within the professional training institutions of the Ministry of Internal Affairs. ----------- Article 12 ^ 2 was introduced by the section 8 8 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 13 Examination of asylum application (1) The decision on the settlement of the application for asylum is taken after an appropriate examination of the applicant's situation by the designated officials, qualified for asylum matters. This implies: a) individual examination of each asylum application and an objective and impartial decision; and b) consultation of the information in the country of origin and, if necessary, of the transited countries obtained from different sources necessary for the assessment of the personal situation of the asylum seeker ----------- Lit. b) a par. ((1) of art. 13 13 has been amended by section 4.2 9 9 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (2) Any application for asylum shall be examined individually and successively from the perspective of refugee status and subsidiary protection, under the conditions laid down in this Law. -------- Alin. ((2) of art. 13 13 has been amended by section 3 3 of art. I of LAW no. 18 18 of 4 March 2013 , published in MONITORUL OFFICIAL no. 122 122 of 5 March 2013. (3) An application for asylum cannot be rejected solely on the grounds that it has been filed late. ----------- Alin. ((3) of art. 13 13 has been introduced by section 10 10 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 14 Decision taken on asylum applications (1) The judgment by which the application for asylum is settled shall be drawn up and shall include, on a compulsory basis, the situation in fact and in law, as well as information on the remedy to which it benefits, the time limit for the submission of the complaint, and the the competent court to which the complaint is lodged against a rejection decision. ------------ Alin. ((1) of art. 14 14 has been amended by section 1 1 of art. unique of EMERGENCY ORDINANCE no. 187 187 of 25 November 2008 , published in MONITORUL OFFICIAL no. 803 803 of 2 December 2008. ((2) In the case of applications for asylum lodged by a legal representative on behalf of several persons and which are based on the same grounds invoked for the granting of a form of protection, the applications shall be joined, following a single ruling in question. + Article 15 Presumption of good faith Where part of the grounds or all the grounds relied on in the application for asylum, which would justify the granting of a form of protection, shall not be probed with documents or other evidence, the presumption of good faith shall be granted, if fulfilled, cumulatively, a) the applicant has made every effort to support his/her application for asylum; b) all the relevant elements at the applicant's disposal have been presented and the lack of such elements has been reasonably justified; c) the applicant's statements are considered consistent and plausible and are not contradicted by general and specific information known, relevant to his application; ----------- Lit. c) of art. 15 15 has been amended by section 4.2 12 12 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. d) the applicant has submitted the application for asylum as soon as possible and the possible delay is justified by good reasons; e) the overall credibility of the applicant could be established. ----------- Lit. e) of art. 15 15 has been amended by section 4.2 12 12 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. + Article 16 Guarantees concerning unaccompanied minors asylum-seekers (1) The application for asylum of an unaccompanied minor shall be considered as a priority. (2) The General Inspectorate for Immigration shall take measures to appoint, as soon as possible, a legal representative to assist the applicant for unaccompanied minor asylum during the asylum procedure, including during the first country's procedure of asylum, the procedure of the safe third country, the procedure of the safe European third country or the procedure for determining the Member State responsible, as appropriate. ----------- Alin. ((2) of art. 16 16 has been amended by section 11 11 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (2 ^ 1) The unaccompanied minor is immediately informed of the appointment of the legal representative. The legal representative shall perform his duties in accordance with the principle of the best interest of the child and shall have the necessary expertise ----------- Alin. (2 ^ 1) of art. 16 16 has been introduced by section 12 12 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (3) It is not necessary to appoint a legal representative for the unaccompanied minor asylum seeker if he is to reach the age of majority within 15 days of the lodging of the asylum application. (4) General Inspectorate for Immigration: a) ensure that the legal representative is given the opportunity to inform the unaccompanied minor about the significance and possible consequences of the personal interview and, as the case may be, how to prepare for the personal interview; b) provide procedural legal information referred to in accordance with art. 17 and information about the procedures for the withdrawal of international protection, both to the minor and to his legal representative; c) inform the legal representative and the unaccompanied minor asylum seeker, in a language that the latter understands or is reasonably supposed to understand, of the possibility of carrying out a forensic expertise of age assessment. This information must also include clarifications on the methods of medical examination, the possible consequences of the outcome of this examination and the effects of the possible refusal to submit to forensic expertise. ----------- Alin. ((4) of art. 16 16 has been amended by section 13 13 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (4 ^ 1) The forensic expertise of age assessment is carried out in full respect of the individual dignity of the minor, using the least invasive methods, allowing, as far as possible, a reliable result. ----------- Alin. (4 ^ 1) of art. 16 16 has been introduced by section 14 14 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (5) For the purpose of applying the provisions of this Article, the General Inspectorate for Immigration collaborates with the structures of local public administration authorities responsible for the protection and promotion of the rights of the child the competent courts, as the case may be, with a view to clarifying the legal situation of the minor or where a special protection measure has been put in place. ----------- Alin. ((5) of art. 16 16 has been introduced by section 5 5 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Chapter III Rights and obligations + Section 1 Rights and obligations of asylum seekers + Article 17 Rights (. During the asylum procedure the foreigner applying for a form of protection shall have the following rights: a) the right to remain in Romania until the expiry of a period of 15 days after the completion of the asylum procedure, unless the application for asylum has been rejected following its resolution in the accelerated procedure or in the procedure border, in which case the foreigner must leave the Romanian state as soon as the asylum procedure has been completed. In the case of the procedure for determining the Member State responsible for examining the application for asylum, the right to remain on the territory of Romania shall cease on the day ----------- Lit. a) a par. ((1) of art. 17 17 has been amended by section 4.2 6 6 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. b) the right to be assisted by a lawyer in any phase of the asylum procedure; c) the right to be provided, free of charge, in any phase of the asylum procedure, including in the court stage of the procedure by which the restrictive measure provided for in art. 19 ^ 2 para. ((1) lit. c), an interpreter apt to ensure proper communication; ----------- Lit. c) a par. ((1) of art. 17 17 has been amended by section 4.2 15 15 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. d) the right to contact and be assisted by an official of the United Nations High Commissioner for Refugees (UNHCR) in any phase of the asylum procedure; e) the right to be advised and assisted by a representative of non-governmental, Romanian or foreign organizations, in any phase of the asylum procedure; f) the right to be informed, at the time of submission of the application or subsequently, within a maximum of 15 days of the application, in a language which he understands or is reasonably supposed to understand, with regard to the procedure to be followed, the rights it has and its obligations in the course of the asylum procedure, on the consequences of non-compliance with those obligations and of the lack of cooperation with the competent authorities, and on the consequences of a withdrawal explicit or implicit of the application; ----------- Lit. f) a par. ((1) of art. 17 17 has been amended by section 4.2 15 15 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. f ^ 1) the right to access, personally or through the representative, to information contained in the personal file, unless the disclosure of the information or sources from which the national security was obtained would jeopardise, the organisations or persons who have provided such information or where the examination of the application for international protection would be prejudiced. Access to information from the personal file is made on the basis of request addressed to the specialized asylum structure of the General Inspectorate for Immigration. At the request of the applicant for international protection, copies of documents from the personnel file may be issued free of charge, according to the provisions of this law; ----------- Lit. f ^ 1) a par. ((1) of art. 17 17 was introduced by section 4.2. 16 16 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. g) the right to the protection of personal data and any other details in relation to its request; h) the right to be issued a temporary identity document, the validity of which will be periodically extended by the Romanian Immigration Office. The applicant who does not have the necessary material means for the payment of the fee related to the issuance or extension of the temporary identity document shall be exempt from the payment In the absence of documents certifying the identity of the applicant, the declared identity document will be mentioned in the temporary identity document. Such a document shall not be issued: ----------- The introductory part of lit. h) a par. ((1) of art. 17 17 has been amended by section 4.2 1 1 of art. I of LAW no. 280 280 of 24 December 2010 , published in MONITORUL OFFICIAL no. 888 888 of 30 December 2010. (i) foreigners who have applied for asylum at a checkpoint for crossing the state border, as long as they have not been granted access to the territory by a decision of the Romanian Immigration Office; ((ii) foreigners in public custody for reasons of national security and public order seeking asylum, as long as that measure is maintained; (iii) to foreigners who are taken into public custody under the conditions of art. 19 ^ 14 para. ((1); ----------- Pct. ((iii) from lit. h) a par. ((1) of art. 17 17 has been amended by section 17 17 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. ----------- Lit. h) a par. ((1) of art. 17 17 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". i) the right to participate in cultural adaptation activities; j) the right of the applicant for international protection who does not have the means of maintenance to benefit, on request, for the duration of the asylum procedure, as well as during the period provided for in lett. a), of material reception conditions, which guarantee subsistence and protect its physical and mental health. The amounts necessary for granting the material reception conditions shall be established by Government decision and shall be ensured from the state budget, through the budget of the Ministry of Internal Affairs; ----------- Lit. j) a par. ((1) of art. 17 17 has been amended by section 4.2 18 18 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. k) the right to be accommodated in the reception and accommodation centers, subordinated to the Romanian Immigration Office, until the end of the right to remain on the territory of Romania, for the asylum seeker who does not have the necessary material means for maintenance; ----------- Lit. k) a par. ((1) of art. 17 17 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". l) the right of asylum seekers with special needs to benefit from the adaptation of accommodation conditions and assistance in accommodation centres; m) the right to receive free primary health care and appropriate treatment, emergency hospital care, as well as medical assistance and free treatment in cases of acute or chronic illness that put his life in imminent danger, through the national emergency care and qualified first aid system. These services shall be ensured, as the case may be, by the medical service of the accommodation centers or/and by other health facilities accredited and authorized according to the law; ------------- Lit. m) a par. ((1) of art. 17 17 has been modified by the subsection. 3 3, point I al art. 6 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 424 of 26 June 2007. m ^ 1) the right to be included in national public health programs aimed at the prevention, surveillance and control of communicable diseases, in situations of epidemiological risk; ----------- Lit. m ^ 1) a par. ((1) of art. 17 17 was introduced by section 4.2. 19 19 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. n) the right of asylum seekers with special needs to receive adequate medical assistance; n ^ 1) the right to receive social assistance under the conditions provided by Social Assistance Law no. 292/2011 ,, as amended; ----------- Lit. n ^ 1) a par. ((1) of art. 17 17 was introduced by section 4.2. 20 20 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. o) the right to receive access to the labor market under the conditions provided by law for Romanian citizens, after the expiration of a period of 3 months from the date of application for asylum, if in the case of his application a decision was not taken the administrative procedure and the delay cannot be imputed to it, as well as during the period of the asylum procedure in the judicial phase. Asylum-seekers who at the time of lodging an application for asylum have a right of residence on the territory of Romania and are legally employed may continue to carry out the work; ----------- Lit. o) a par. ((1) of art. 17 17 has been amended by section 4.2 21 21 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. o ^ 1) the right of asylum seekers who have access to the labour market, according to lit. o), to benefit from measures to stimulate employment, as well as protection within the unemployment insurance system, under the conditions provided by law for Romanian citizens; ----------- Lit. o ^ 1) a par. ((1) of art. 17 17 was introduced by section 4.2. 22 22 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. p) the right of juvenile asylum seekers to have access to pre-school, preschool and compulsory school education, under the same conditions as minors Romanian citizens, as long as no action is taken to remove them or their parents on the territory of Romania; ----------- Lit. p) a par. ((1) of art. 17 17 has been amended by section 4.2 23 23 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. q) the right to the settlement, on the basis of application, of the transport expenses occasioned by the movement of asylum seekers to the court to participate in the court terms, if the process takes place in a locality other than that in which is accommodated, and the movement is carried out with means of car transport, rail, in the second class or naval. The settlement of expenses is provided by the Ministry of Internal Affairs, through the budget allocated to the General Inspectorate for Immigration in this regard, based on the supporting documents; ----------- Lit. q) a par. ((1) of art. 17 17 was introduced by section 4.2. 24 24 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. r) the right to be visited by family members, representatives of national or international non-governmental organizations and bodies with attributions in the field of asylum or respect for human rights, authorized and accredited under the conditions the law as well as the legal representative; ----------- Lit. r) a par. ((1) of art. 17 17 was introduced by section 4.2. 24 24 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. s) the right to be provided, on request, with legal and procedural information, including information on the procedure in the administrative phase, under the law on judicial civil aid in civil matters, taking into account the situation personal of the stranger; ----------- Lit. s) a par. ((1) of art. 17 17 was introduced by section 4.2. 24 24 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. s) the right to be provided, upon request, under the law on judicial civil aid in civil matters, taking into account the personal situation of the foreigner, information on the reasons for the decision to reject the application for asylum, to the procedure for challenging the order by which the measure of placement was ordered in a specially arranged closed space, as well as on the possibility of challenging the decision by which the granting, limitation or withdrawal of the conditions was ordered reception materials. ----------- Letter s) a par. ((1) of art. 17 17 was introduced by section 4.2. 24 24 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (1 ^ 1) In order to benefit from the rights provided by law, the General Inspectorate for Immigration assigns to asylum seekers a personal numerical code, which is part of the temporary identity document. ----------- Alin. ((1 ^ 1) of art. 17 17 has been amended by section 25 25 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (1 ^ 2) The General Inspectorate for Immigration grants the United Nations High Commissioner for Refugees (UNHCR), upon request, access to existing documents on the foreign file that applied for international protection, except for the situation in which the disclosure of the information or sources from which the national security, the organisations or persons who have provided such information were obtained, or where the examination of the application for protection would be prejudiced international. For the purpose of accessing the information contained in the personal file of the foreigner who requested international protection, its agreement is necessary. In the performance of his supervisory mission that he confers to art. 35 of the Geneva Convention, the United Nations High Commissioner for Refugees (UNHCR) may present its views to the competent national authorities on asylum applications at any stage of the asylum procedure. ----------- Alin. ((1 ^ 2) of art. 17 17 has been introduced by section 26 26 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (2) The procedure and the amount of the amounts related to the provision of the material reception conditions shall be established by Government decision, based on the data communicated by the Institute for Quality of Life Research or by the National Institute of Statistics. ----------- Alin. ((2) of art. 17 17 has been amended by section 27 27 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (3) The funds necessary to ensure the rights provided in par. ((1) lit. c), f), g), h), i), k), l), m) and n) shall be borne from the state budget, through the budget of the Ministry of Internal Affairs. (4) Minors benefit from the same protection offered, under the law, to Romanian minors in difficulty. ----------- Alin. ((4) of art. 17 17 has been amended by section 27 27 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (5) If the applicant does not have material means, the Romanian Immigration Office may establish a place of residence and provide him with the necessary material assistance for maintenance, for the entire duration of the asylum procedure. ----------- Alin. ((5) of art. 17 17 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (6) For reasons justified by the public interest, national security, public order, health and morals, protection of the rights and freedoms of other persons-even if the foreigner has material means necessary for maintenance- for Immigration, for the duration of the asylum procedure or the procedure for determining the Member State responsible for examining the application for asylum, as the case may be, may establish a place of residence and may order its transport with the attendant to that place, ex officio or at the request of the ------------ Alin. ((6) of art. 17 17 has been amended by section 2 2 of art. unique of EMERGENCY ORDINANCE no. 187 187 of 25 November 2008 , published in MONITORUL OFFICIAL no. 803 803 of 2 December 2008. (7) The asylum procedure provided for in par. ((1) shall be completed: a) from the date of delivery of the court decision, in the case of applications resolved in the accelerated procedure or in the border procedure; b) from the date of communication of the decision closing the file; c) from the date of communication of the decision of the General Inspectorate for Immigration granting refugee status; d) from the date of expiry of the legal deadline for the submission of the complaint or, as the case may be, of the appeal, or from the date of delivery of the decision of the e) from the date of the transfer to the Member State responsible for the procedure for determining the Member State responsible for examining the application for asylum. ----------- Alin. ((7) of art. 17 17 has been amended by section 27 27 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (8) When accommodation capacity in reception and accommodation centres for asylum seekers is exceeded, the General Inspectorate for Immigration, within the limits of available funds, may grant asylum seekers a sum of money for the purposes of the rental of living spaces or can contract specialist services for the reception and accommodation of asylum seekers in individual or collective locations. ----------- Alin. ((8) of art. 17 17 has been introduced by section 28 28 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. ((9) Amounts granted to asylum seekers according to the provisions of para. (8) shall be established by Government decision and shall be ensured from the state budget, through the budget of the Ministry of Internal Affairs. When determining the amount of the amounts, the data communicated by the Institute for Quality of Life Research or the National Institute of Statistics shall be taken into account. ----------- Alin. ((9) of art. 17 17 has been introduced by section 28 28 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (10) The asylum seekers present to the General Inspectorate for Immigration, as soon as possible, supporting documents showing that they have rented living spaces. ----------- Alin. ((10) of art. 17 17 has been introduced by section 28 28 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (11) Contracting of specialized services for the reception and accommodation of asylum seekers, provided in par. (8), shall be taken into account of the standards established by order of the Minister of Internal Affairs. ----------- Alin. (11) of art. 17 17 has been introduced by section 28 28 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 18 Access to education of minor asylum seekers (1) In order to facilitate access to the Romanian education system, minor asylum seekers benefit, free of charge, from an intensive preparatory course in order to register in the national education system. (2) The preparatory course provided in par. (1) is organized by the Ministry of National Education and Scientific Research, in collaboration with the General Inspectorate for Immigration. (. The applicant for a minor asylum shall be entered in the preparatory course within 3 months from the date of application for asylum. Concurrently, the minor asylum seeker may be enrolled as an audient in the corresponding year of studies (4) At the end of the preparatory course provided in par. (1), an evaluation commission, whose composition and functioning are established by order of the Minister of National Education and Scientific Research, appreciates the level of knowledge of the Romanian language and establishes the registration of minors international protection in Romania, in the corresponding study year. ----------- Article 18 has been amended by section 6.6. 29 29 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 18 ^ 1 Monitoring of reception conditions ((1) The monitoring of reception conditions shall be carried out by national or international non-governmental organisations and bodies responsible for migration or respect for human rights. ((2) Organizations and bodies referred to in par. ((1) are provided with the possibility to visit the regional centres of procedures and accommodation of asylum seekers, on the basis of protocols concluded with the General Inspectorate for Immigration or prior authorization. In exceptional and thoroughly motivated situations you can ensure the possibility to visit the centers within 48 hours. (3) In order to carry out the activity of monitoring the reception conditions, the General Inspectorate for Immigration provides relevant information and ensures the possibility of representatives of organizations and bodies referred to in par. ((1) to supervise the way in which applicants for international protection benefit from the measures taken by the Romanian State in their favour. (4) Following the activity provided in par. ((1), the organizations and bodies that have carried out activities to monitor the reception conditions under the conditions of par. (2) and (3) draw up reports that are transmitted, for recovery, to the General Inspectorate for Immigration, as well as, as the case may be, to the Ombudsman, in order to fulfill the duties provided by law. ----------- Article 18 ^ 1 has been introduced by item 1. 30 30 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 Obligations During the asylum procedure the foreigner applying for a form of protection has the following obligations: a) the obligation to present to the territorial bodies of the Ministry of Internal Affairs, in writing, the reasoned request containing the data indicated by the body to which it submits, as well as to submit to the photographs and fingerprinting. Fingerprinting is not carried out in the case of foreigners who have not reached the age of 14; b) the obligation to present to the competent authorities complete and real information on the person and at his request for asylum; c) the obligation to submit all the documents available to them and which have relevance with regard to his/her personal situation; d) the obligation to hand over the document for crossing the state border, and will receive the document provided for in art. 17 17 para. ((1) lit. h); e) the obligation to follow the stage of the procedure and to inform the General Inspectorate for Immigration about the change of residence, no later than 5 days after the situation; ----------- Lit. e) of art. 19 19 has been amended by section 4.2 31 31 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. f) the obligation to respond to the requests of the bodies responsible for asylum; g) the obligation not to leave the place of residence without the authorization of the Romanian Immigration Office. The authorization will be issued by the Romanian Immigration Office following an individual, objective and impartial analysis, and in the case of non-authorization, it will be motivated; ----------- Lit. g) art. 19 19 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". h) the obligation to present themselves in medical examinations that are established, as well as to submit to vaccination, as the case may be, in order to protect public health. Vaccination is carried out according to the legal provisions in force, at the request of the General Inspectorate for Immigration, addressed to the county public health departments or the city of Bucharest, as the case ----------- Lit. h) a art. 19 19 has been amended by section 4.2 31 31 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. h ^ 1) the obligation, at the request of the competent authorities, to submit to the body control and objects that the foreigner has on him. Without prejudice to checks carried out for security reasons, body control shall be carried out by a person of the same sex as a controlled person, in full respect of the principle of human dignity and physical and mental integrity; ----------- Lit. h ^ 1) of art. 19 19 was introduced by section 4.2. 32 32 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. i) the obligation to comply with the laws of the Romanian state, as well as the measures ordered by the Romanian competent bodies in matters j) the obligation to leave the territory of Romania within 15 days after the completion of the asylum procedure, if the applicant did not obtain international protection in Romania, unless the application for asylum was rejected as obviously unfounded following its resolution in the accelerated procedure, in which case the foreigner must leave the territory of the Romanian state as soon as the asylum procedure has been completed. The obligation does not subsist if the foreigner has a right of residence regulated according to the legislation on the regime of foreigners ----------- Lit. j) art. 19 19 has been amended by section 4.2 31 31 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Section 1 ^ 1 Restriction of rights of applicants for international protection ----------- Section 1 ^ 1, Chapter III was introduced by section 1. 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 1 Limitation or withdrawal of material reception conditions (1) The General Inspectorate for Immigration may limit or withdraw the material reception conditions granted to applicants for international protection, by reasoned decision, which shall be communicated to the applicant under the conditions of this law. Cases in which the material reception conditions may be limited or withdrawn shall be determined by Government decision. (2) The decision referred to in paragraph (1) may be challenged, the provisions of art. 80 80 and 81 applying properly. ----------- Article 19 ^ 1 has been introduced by item 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 2 Restrictive measures ((1) In order to carry out the necessary formalities, to limit abuse to the asylum procedure, and where it presents a danger to national security, on the basis of an individual analysis, the competent authorities may order, applicants for international protection, the following restrictive measures: a) the obligation to appear at the headquarters of the General Inspectorate for Immigration; b) establishment of residence in a regional centre of procedures and accommodation of asylum seekers; c) placement in specially arranged enclosed spaces; d) taking or, as the case may be, maintaining in public custody (2) No restrictive measures may be ordered against an applicant for international protection for the sole reason that he has applied for international protection in Romania. (3) Compared to applicants for international protection who are the subject of the procedure for determining the responsible Member State or a measure of removal or expulsion from the territory of Romania, the measure provided for in par. ((1) lit. c). (4) In order to maintain the family unit and to respect the principle of the best interest of the child, the General Inspectorate for Immigration may allow the family members of the applicant against whom the measure provided in par. ((1) lit. b) to live with it. ----------- Article 19 ^ 2 was introduced by the section 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 3 Obligation to appear at the headquarters of the General Inspectorate for Immigration (1) During the course of the asylum procedure, in order to carry out the activities provided for in art. 19 ^ 6 and during the procedure for determining the responsible Member State, in order to ensure the transfer, the General Inspectorate for Immigration may, by reasoned decision, order the applicant for international protection to regularly present, at the dates and times set, and upon request, at the premises of one of its territorial structures. (2) The measure provided in par. ((1) is not subject to any appeal. ----------- Article 19 ^ 3 was introduced by the section 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 4 Establishment of residence in a regional centre of procedures and accommodation of asylum seekers During the course of the asylum procedure, in order to carry out the activities provided in art. 19 ^ 6 and during the procedure for determining the responsible Member State, in order to ensure the transfer, the General Inspectorate for Immigration may, by reasoned decision, order the establishment of a place of residence for the applicant for protection international in a regional center of procedures and accommodation of asylum seekers, even if it has means of maintenance, and its obligation not to leave that place except with the information of the head of the center. ----------- Article 19 ^ 4 has been introduced by section 4. 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 5 Placement in specially arranged enclosed spaces (1) If the restrictive measures provided for in art. 19 ^ 2 para. ((1) lit. a) and b) are not sufficient to carry out the formalities, as well as to limit abuses to the asylum procedure, in application of art. 19 ^ 2 para. ((1) lit. c) the applicant for international protection may be placed in a specially arranged closed space, with the temporary restriction of freedom of movement, only in the following situations: a) to verify the declared identity; b) to establish the elements on which the application for international protection is based, which could not be obtained without taking action, in particular if there is a risk of evading the applicant; c) at the request of one of the institutions with attributions in the field of national security, from which it follows that the applicant for international protection presents a (2) The measure provided in par. (1) may not be ordered against applicants for international protection minors, except as provided in art. 41 41 para. (2), in compliance with the principle of the best interests of ----------- Article 19 ^ 5 was introduced by the section 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 6 Verification of the identity of the applicant for international protection and establishment of the elements (1) For the purposes of this Law, in order to verify the identity of the applicant for international protection, the specialized structure of the General Inspectorate for Immigration carries out the following a) query of specific databases; b) fingerprinting and photographing, under the conditions of art. 19 lit. a) and art. 44 44; c) preliminary interview, subject to art. 43 43; d) request, as appropriate, of data and information from institutions with attributions in the field of national security. (2) The establishment of the elements of the application for international protection is carried out on the occasion of the interview provided 45 45 and 47, as appropriate. (3) By risk of absconding within the meaning of art. 19 ^ 5 para. ((1) lit. b) it is understood the factual situation that justifies the assumption that the applicant for international protection evades the activity provided in par. ((2). (4) Presents risk of evading the applicant who is in any of the following situations: a) passed or was surprised trying to illegally cross the state border of Romania, after submitting the application for international protection; b) was surprised by trying to cross the Romanian state border illegally, and the application for international protection was subsequently submitted to his detention; c) there are reasons to believe that they intend to leave the territory of Romania, after the application for international protection. ----------- Article 19 ^ 6 was introduced by the section 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 7 Procedure of placing in a specially arranged closed space (1) The placement in a specially arranged closed space shall be ordered in writing, for a period of 30 days, by order motivated in fact and in law by the specific prosecutor appointed from the prosecutor's office of the appellate court in the constituency to which the accommodation center is located in which the applicant for international protection is to be placed, at the reasoned request of the General Inspectorate for Immigration. (2) The General Inspectorate for Immigration shall carry out the administrative formalities necessary to apply the measure provided in par. ((1), no later than 24 hours after the date on which the need to dispose of this measure is found. (3) The extension of the duration of the measure provided in (1) is ordered by the court of appeal in whose area of territorial competence is the accommodation center where the applicant is placed, at the reasoned request of the General Inspectorate for Immigration, when for objective reasons the activities provided in art. 19 ^ 6 cannot be realized. The reasoned request shall be submitted at least 5 days before the expiry of the 30-day period, and the court must rule before the expiry of the 30-day period, by decision that is final. (4) As soon as it finds that the reasoned request of the General Inspectorate for Immigration, provided in par. (3), meets the conditions provided by law for the application for appeal, the judge sets the first term of trial and orders the citation of the parties. The meeting is not mandatory, and, when the applicant for international protection lodges, it is not communicated to the General Inspectorate for Immigration, which informs about its content from the case file. The request to extend the duration of the placement measure in a specially arranged closed space is exempt from the stamp duty. (5) The placement period in a specially arranged closed space may not exceed 60 days. (6) The General Inspectorate for Immigration shall carry out expeditiously the activities provided in art. 19 19 ^ 6 to maintain the shortest duration of the measure. Delays due to the conduct of administrative procedures which cannot be imputed to the applicant cannot justify a continuation of the measure. Except for national security reasons, it is necessary to continue the application of the measure, without exceeding the 60-day period. (7) The applicant for international protection against whom the placement was ordered in a closed space under the conditions of par. ((1) may submit, within 5 days, a complaint to the court of appeal in whose area of territorial competence is the accommodation center in which it was placed, which is obliged to settle it within 3 days from the date of receipt. The complaint does not suspend the measure and is exempt from stamp duty. The court ruling is final. (8) If the court accepts the complaint, the measure of placement in a specially arranged closed space ceases on the date of delivery of the court decision. ----------- Article 19 ^ 7 was introduced by the section 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 8 Suspension and termination of placement in a specially arranged closed space (1) If the activities for which the placement was ordered in a specially arranged closed space are previously completed the expiration of the duration of the measure ordered according to art. 19 ^ 2 para. ((1) lit. c), the designated official of the General Inspectorate for Immigration finds its termination by a reasoned reference, which is approved by the director of the center where the applicant is placed. The placement shall cease on the date of approval of the reasoned reference (2) If subsequently taking or extending the measure of placement in a specially arranged closed space is found by medical documents issued by medical facilities subordinated to the Ministry of Internal Affairs or issued by public health facilities under the public health departments, under the conditions Law no. 95/2006 on health reform, republished, as amended, the fact that the health status of the applicant for international protection is incompatible with the measure, it shall cease to be fair. With regard to the termination of the measure, the designated official of the General Inspectorate for Immigration shall draw up a finding note, which shall be approved by the director of the centre where the applicant is placed, and which shall be communicated the latter. (3) In the situation referred to in par. ((2), if the health status of the applicant for international protection is only temporarily incompatible with the measure, the designated official of the General Inspectorate for Immigration shall draw up a finding note on the the suspension of the measure for the period mentioned in the medical documents. The finding note shall be approved by the director of the centre where the applicant is placed and shall be notified to the latter. On the date on which the suspension ceases, the applicant is required to appear at the premises of the centre where he was previously placed on suspension (4) The measure of placing in a specially arranged enclosed space may cease before the end of the period for which it was ordered ex officio or at the request of the applicant for international protection, if from relevant circumstances or new information it follows that maintaining the measure is no longer justified In this case, the General Inspectorate for Immigration, ex officio or on request, may order the termination of the measure. In case of rejection of the request for termination of the measure, the General Inspectorate for Immigration issues a decision, motivated in fact and in law. (5) Against the decision to reject the request for termination of the measure of placement in a specially arranged closed space, provided in par. (4), the applicant may lodge a complaint within 5 days from the communication, at the court of appeal in whose area of territorial competence is the accommodation center in which he is placed, who is obliged to settle it within 3 days from the date of Receipt. The complaint does not suspend the measure and is exempt from stamp duty. The court ruling is final. ----------- Article 19 ^ 8 was introduced by the section 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 9 Specially designed enclosed spaces The specially arranged enclosed spaces are places for the temporary accommodation of applicants for international protection against whom the measure provided for in art. 19 ^ 2 para. ((1) lit. c), managed by the General Inspectorate for Immigration. They shall be established within the regional centres of procedures and accommodation of asylum seekers already constituted or newly established under the conditions of art. 3 3 para. ((2) and (3). ----------- Article 19 ^ 9 was introduced by the section 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 10 Rights and obligations of applicants for international protection during placement in a specially arranged closed space (1) During the placement in the spaces provided in art. 19 ^ 9 applicants for international protection have the rights provided in art. 17, except for those provided in par. ((1) lit. k), o), o ^ 1) and q), those provided in art. 18, as well as the obligations provided in art. 19 19, except for the one in lit. g). (2) The rules of interior order that persons placed in specially arranged enclosed spaces are obliged to observe, as well as the organization of accommodation, access, security, supervision and accompanying of these persons, in and from the respective spaces, are provided in the internal order regulation of the regional centers of procedures and accommodation of asylum seekers, approved by order of the Minister of Internal Affairs, which is published in the Official Gazette of Romania, Part I. (3) During the placement in the spaces provided in art. 19 ^ 9, applicants for international protection benefit free of charge from a daily food allowance, within the limit of caloric ceilings established by Government decision. ----------- Article 19 ^ 10 was introduced by the section 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 11 Specific guarantees when placing in specially arranged enclosed spaces (1) Applicants placed in a specially arranged enclosed space shall be notified immediately, in writing, in a language they understand or are reasonably supposed to understand, the reasons for the measure and the procedure for challenging it, the possibility of to request judicial public aid under the law, rights and obligations they have during their placement in the specially arranged closed space, as well as the suspension or termination of the measure, as the case may be. (2) The activities provided in art. 19 ^ 6 and 19 ^ 7 are carried out as a priority in the case of vulnerable international protection applicants who are placed in specially arranged enclosed spaces. (3) Vulnerable international protection applicants who are placed in specially arranged enclosed spaces are regularly monitored and supported by appropriate support, taking into account their individual situation, including their state of affairs. health. ----------- Article 19 ^ 11 was introduced by the section 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 12 Exhaustion of accommodation capacity and finding of inadequate accommodation conditions in specially arranged enclosed spaces (1) If the capacity for temporary accommodation in the premises referred to in art. 19 ^ 9 is exhausted or the existing accommodation conditions are not suitable for the accommodation of applicants for international protection, it is not requested to have the measure of placement in a specially arranged closed space until the date on which the application of the measure can be achieve in compliance with the provisions of 19 19 ^ 10 and 19 ^ 11. In this case, the applicants for international protection may, as the case may be, have one of the measures provided for in art. 19 ^ 2 para. ((1) lit. a) or b). (2) If the accommodation conditions become inadequate, the measure of placement in a specially arranged closed space for the applicant affected by them shall be suspended until the accommodation conditions are restored or the identification of another Specially arranged closed space. In this case, the applicant for international protection may, as the case may be, have one of the measures provided for in art. 19 ^ 2 para. ((1) lit. a) or b). (3) The situations provided in par. ((1) and (2) and the resumption of the application of the placement measure in a specially arranged closed space shall be found by the general inspector of the General Inspectorate for Immigration. ----------- Article 19 ^ 12 has been introduced by the 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 13 Measure of public custody (. An applicant for international protection may be taken or, where appropriate, kept in public custody, in the cases provided for by Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished, with subsequent amendments and completions, as well as in the following situations: a) in the framework of the procedure for determining the responsible Member State, with a view to ensuring the transfer to the responsible b) if the applicant has been taken into public custody in order to remove or expel from the territory of Romania and has filed an application for international protection to delay or prevent the execution of the removal or expulsion, although prior to the disposition of such a measure had the possibility to submit such a request. (2) The public custody of applicants for international protection may be ordered if by assessing in advance the possibility of applying the measures provided for in art. 19 ^ 2 para. ((1) lit. a) and b) it follows that they are not possible and sufficient in relation to the procedure in which they would be willing and the purpose that would be pursued by taking them. ----------- Article 19 ^ 13 has been introduced by the 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 14 Taking into public custody as part of the procedure for determining the responsible Member State (1) The taking into public custody shall be ordered, in writing, by order motivated in law and in fact by the designated prosecutor appointed from the Prosecutor's Office of the Bucharest Court of Appeal, for a period of 30 days, at the reasoned request of The General Inspectorate for Immigration against the applicant who has a high risk of absconding from the transfer procedure. (2) Presents high risk of absconding from the transfer procedure the applicant who is in one of the following situations: a) illegally crossed the state border of Romania and was found in the Eurodac system with one or more applications for international protection lodged on the territory of another Member State; b) illegally crossed the external border of the Member States of the European Union or of the associated states within the meaning of the directly applicable acts of the European Union or was surprised trying to pass or illegally crossed the state border of Romania, and the application for international protection was subsequently lodged with its detention; c) passed or tried to cross the Romanian state border illegally after the application for international protection in Romania; d) it was found that he entered the territory of Romania illegally or that he was on the territory of Romania without right of residence and submitted a new request for international protection after the effective implementation of the transfer in the responsible member state; e) did not comply with one of the measures provided in art. 19 ^ 2 para. ((1) lit. a) and b); f) after the communication of the decision provided in 120 120 para. ((2) lit. a), the applicant opposes the transfer to the responsible Member State. (3) The General Inspectorate for Immigration shall carry out the administrative formalities necessary for the taking into public custody of applicants for international protection no later than 24 hours after the date on which the need for this measure is found. (4) The extension of the duration of public custody shall be ordered by the court of appeal in whose area of territorial competence is the place of accommodation, at the reasoned request of the General Inspectorate for Immigration, submitted at least 5 days before the expiry of the term of detention. The court must rule before the expiry of the term of taking into public custody previously ordered, and the court's ruling is final. (5) As soon as it finds that the reasoned request of the General Inspectorate for Immigration, provided in par. (4), meets the conditions provided by law for the application for appeal, the judge sets the first term of trial and orders the citation of the parties. The encounter is not mandatory, and, when the foreigner submits, it is not communicated to the General Inspectorate for Immigration, which takes cognizance about its content from the case file. Requests for extension of the duration of public custody shall be exempt from the stamp duty. (6) The period of public custody of applicants for international protection shall not exceed 6 months. (7) The period provided in par. (6) may be extended exceptionally, under the conditions provided in par. ((4), for an additional period not exceeding 12 months, in cases where the General Inspectorate for Immigration is, for reasons not attributable, unable to carry out the transfer in the Member State responsible for delays in the obtaining the necessary documentation for the transfer to the responsible Member State (8) The foreigners against whom the taking into public custody was ordered under the conditions of par. ((1) may submit, within 5 days, a complaint to the court of appeal in whose area of territorial competence is the place of accommodation, which is obliged to settle it within 3 days from the date of receipt. The complaint against the measure taken into public custody does not suspend the measure of taking into public custody nor the procedure for determining the responsible Member State (9) If the reasoned request of the General Inspectorate for Immigration is not ordered to take into public custody or to extend it, the prosecutor appointed from the competent prosecutor's office or the court of law the competence is pronounced on the application of the measures provided for in Article 19 ^ 2 para. ((1) lit. a) and b). Art. 19 ^ 3 para. ((2) shall apply accordingly. (10) If, after taking into public custody, one of the deadlines provided for in art. 28 28 para. (3) of the Dublin Regulation, the measure ceases by law The General Inspectorate for Immigration shall draw up a finding note on the termination of the measure, which shall be communicated to the applicant. ----------- Article 19 ^ 14 has been introduced by the 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 15 Maintaining or ending the measure of taking into public custody within the procedure of removal or expulsion from the territory of Romania (1) In the situation provided for art. 101 101 para. (8) of Government Emergency Ordinance no. 194/2002 , republished, with subsequent amendments and completions, the specialized structure on competent asylum matters is obliged to analyze the application for international protection and to rule by reasoned decision in fact and in law, within 3 days, on granting access to the ordinary asylum procedure or rejecting the application for international protection according to art. 75 75 para. ((1). If a decision cannot be issued to grant access to the ordinary procedure on the basis of the items on file, the asylum seeker is interviewed under the conditions of art. 45. The decision shall be communicated according to 54 54 which shall apply accordingly. (. If the application for international protection is rejected and the applicant submits a complaint against the decision rejecting the application for international protection, he shall remain in public custody until a judgment is delivered. (3) If the measure of public custody expires before the issue or, where applicable, the delivery of a judgment on the granting or, where applicable, failure to grant access to the ordinary procedure, it may be extended to ensure the execution of the removal or expulsion measure, under the conditions Government Emergency Ordinance no. 194/2002 , republished, with subsequent amendments and completions. (4) Provisions of para. (1) shall also apply to applications for international protection for which the provisions of art. 75 75 para. ((2). ----------- Article 19 ^ 15 has been introduced by item 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 19 ^ 16 Rights and obligations of applicants for international protection during the period of public custody (1) Applicants for international protection taken into public custody are entered into accommodation centres for foreigners taken into public custody provided for in Government Emergency Ordinance no. 194/2002 , republished, with subsequent amendments and completions, and their accommodation is made, as far as possible, separate from the other categories of foreigners. (2) During the period of introduction into the accommodation centers for foreigners taken into public custody, applicants for international protection have the rights provided in art. 17, except for those in par. ((1) lit. k), o), o ^ 1) and q), those of art. 18, as well as the obligations provided in art. 19 19, except for the one in lit. g). ((3) The complaints made against taking the measure of public custody are exempt from the stamp duty. " ----------- Article 19 ^ 16 was introduced by the section 33 33 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Section 2 Rights and obligations of beneficiaries of a protection form + Article 20 Rights of beneficiaries of a protection form ((1) Recognition of refugee status or granting of subsidiary protection confers on the beneficiary the following rights a) to remain on the territory of Romania and to obtain a residence permit and travel document for the passage of the state border. The beneficiary of a form of protection shall be assigned a personal numerical code, which shall be entered in the residence permit and the travel document for the crossing of the state border; ------------- Lit. a) a par. ((1) of art. 20 20 has been amended by section 4.2 4 4 of art. I of LAW no. 280 280 of 24 December 2010 , published in MONITORUL OFFICIAL no. 888 888 of 30 December 2010. b) to choose their place of residence and to circulate freely, under the conditions established by law for foreigners; c) to be employed by natural or legal persons, to exercise unqualified activities, to exercise free professions and to carry out legal acts, to carry out acts and acts of trade, including economic activities independently, in the same conditions as well as Romanian citizens; d) to transfer the goods he introduced to Romania on the territory of another country, in order to resettle; e) to benefit from the most favorable treatment provided by law for foreign citizens in terms of acquisition of securities and real estate; f) to benefit from the protection of intellectual property, under the conditions established by law; g) to benefit from social insurance, social assistance measures and health insurance, under the conditions provided by law for Romanian citizens; h) to have access to all forms of education, under the conditions provided by law for Romanian citizens; i) to benefit from a treatment equal to that granted to Romanian citizens regarding the freedom to practice their own religion and religious instruction of their children; j) benefit from the right to the protection of personal data and any other details in relation to its case; k) to benefit from the right to association with regard to apolitical and non-profit associations and professional unions, under the conditions provided by law for Romanian citizens; l) have free access to the courts and administrative assistance; m) to receive, upon request, within the limits of the financial availability of the state, under conditions established by Government decision, a non-refundable monthly aid, hereinafter referred to as aid, the amount of which is reported to the social indicator of reference, for a period of not more than 12 months, if, for objective reasons, it lacks the necessary means of existence; ----------- Lit. m) a par. ((1) of art. 20 20 has been amended by section 4.2 34 34 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. n) to participate, on request, in the integration programs and to be accommodated in the centers of the Romanian Immigration Office, under the conditions established by law; ----------- Lit. n) a par. ((1) of art. 20 20 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". o) establish his legal domicile in Romania, according to the legislation on the legal regime of foreigners; p) be able to benefit, on request, from assistance for voluntary repatriation. q) to have access to the acquisition of a dwelling, under the conditions provided by law for Romanian citizens; ----------- Lit. q) a par. ((1) of art. 20 20 has been amended by section 4.2 14 14 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. r) to benefit from equal treatment with Romanian citizens regarding the equivalence of studies or periods of studies, the recognition of diplomas, certificates and certificates of competence, as well as professional qualifications that give access to regulated professions in Romania, in accordance with the regulations in force. ----------- Lit. r) a par. ((1) of art. 20 20 has been amended by section 4.2 14 14 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. ((2) Abrogat. ----------- Alin. ((2) of art. 20 20 has been repealed by section 6.6. 35 35 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. ((3) Abrogat. ----------- Alin. ((3) of art. 20 20 has been repealed by section 6.6. 35 35 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (4) The person who has been granted a form of protection will benefit from the rights provided in par. (1) within 5 days from the date of communication of the decision of the Romanian Immigration Office granting refugee status, the expiration of the deadline for filing the complaint against the decision of the Romanian Immigration Office granting subsidiary protection or, as the case may be, the judgment of the court by which the asylum procedure has been completed. ----------- Alin. ((4) of art. 20 20 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (5) The funds necessary for granting the aid are provided from the budget of the Ministry of Labour, Family, Social Protection and Elderly through the National Agency for Payments and Social Inspection and the agencies for payments and county social inspection, respectively of the city of Bucharest, hereinafter referred to as territorial agencies. ------------ Alin. ((5) of art. 20 20 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 16 16 of 20 March 2013 , published in MONITORUL OFFICIAL no. 156 156 of 25 March 2013. (5 ^ 1) The amount of the aid shall be fixed at ISR 1,08. ----------- Alin. (5 ^ 1) of art. 20 20 has been introduced by section 36 36 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (5 ^ 2) The grant of non-refundable aid may be suspended or may cease under conditions established by Government decision. ----------- Alin. (5 ^ 2) of art. 20 20 has been introduced by section 36 36 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (6) The residence permit provided in par. ((1) lit. a) is issued, as soon as possible after the granting of international protection in Romania, for a period of 3 years, in the case of persons who have been recognized refugee status, respectively for a period of 2 years, to persons to whom subsidiary protection has been granted. After expiry, a new residence permit with the same validity will be issued. ----------- Alin. ((6) of art. 20 20 has been amended by section 15 15 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. (7) In the case of beneficiaries of a form of protection to which the provisions of art. 6 6 para. (3), the residence permit will not be issued or its validity will cease. ------------- Alin. ((7) of art. 20 20 has been introduced by section 6 6 of art. I of LAW no. 280 280 of 24 December 2010 , published in MONITORUL OFFICIAL no. 888 888 of 30 December 2010. (8) The travel documents referred to in par. ((1) lit. a) the beneficiaries of international protection in Romania are issued on request for a period of 2 years, without the possibility of extending the validity. After expiry, a new travel document with the same validity is issued. ----------- Alin. ((8) of art. 20 20 has been amended by section 15 15 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. (9) Beneficiaries of refugee status and subsidiary protection abroad, who no longer possess valid travel documents, will be issued by diplomatic missions or consular offices of Romania, with the opinion of the Roman for Immigration, travel titles only for returning to the country. The validity of the travel title is no more than 30 days and ceases by right on the date of entry of the holder on the territory of Romania The form and content of the travel title are established by decision of the Romanian Government. ------------- Alin. ((9) of art. 20 20 has been introduced by section 6 6 of art. I of LAW no. 280 280 of 24 December 2010 , published in MONITORUL OFFICIAL no. 888 888 of 30 December 2010. ((10) Where international protection is granted in Romania to a foreigner who has a long-term residence permit in another Member State, the General Inspectorate for Immigration shall require the Member State concerned to enter, in the residence permit in the long term, the mention on the granting of international protection by Romania -------- Alin. ((10) of art. 20 20 has been introduced by section 2 2 of art. II of LAW no. 376 376 of 19 December 2013 , published in MONITORUL OFFICIAL no. 826 826 of 23 December 2013. + Article 20 ^ 1 Readmission of beneficiaries of international protection in Romania (1) The foreigners, beneficiaries of international protection in Romania, are readmitted to the territory of Romania immediately and without formalities, together with their family members, as a result of a decision to remove taken by the Member State in which they had the right of long-term stay. ((2) In order to establish the situation of foreigners who have registered, in the long-term residence permit, issued by another Member State, the mention regarding the granting of international protection by Romania, the General Inspectorate for Immigration communicates the Member State concerned, no later than one month after receipt of an application in this regard, if the foreigner still benefits from international protection in Romania. -------- Article 20 ^ 1 has been introduced by item 3 3 of art. II of LAW no. 376 376 of 19 December 2013 , published in MONITORUL OFFICIAL no. 826 826 of 23 December 2013. + Article 20 ^ 2 Access to education of beneficiaries of international protection minors (1) In order to facilitate access to the Romanian education system, minors to whom international protection was granted in Romania benefit, free of charge, during a school year, from a preparatory course in order to register in the system national education. (2) The preparatory course provided in par. (1) is organized by the Ministry of National Education, in collaboration with the General Inspectorate for Immigration. (3) The minor beneficiary of international protection is enrolled at the course provided in par. ((1) as soon as the form of international protection has been granted. (4) The preparatory course started while the minor had the status of asylum seeker, according to art. 18, shall continue after the granting of international protection until its completion. (5) At the end of the initiation course in Romanian, an evaluation commission, whose composition and functioning are established by order of the Minister of National Education, appreciates the level of knowledge of the Romanian language and establishes the registration of foreigners minors who have obtained an international form of protection in the corresponding year of study. ----------- Article 20 ^ 2 has been introduced by item 16 16 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. + Article 21 Obligations of beneficiaries of a protection form ((. The beneficiary of a form of protection shall have the following obligations: a) to respect the Romanian Constitution, the laws and other normative acts issued by the Romanian authorities; b) to have a proper and civilized conduct, to comply with the measures established by the Romanian competent bodies in the field of refugees and to respond to their requests; c) comply with the regulations of interior order in the centers of the Romanian Immigration Office, if it is accommodated in such a center; ----------- Lit. c) a par. ((1) of art. 21 21 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". d) avoid causing any conflicting states or incidents with the population or committing acts that may fall under the criminal law; e) to obey the rules on the legal regime of foreigners, in so far as the law does not have otherwise. ((. The aid shall be requested no later than 3 months after the protection of the form of protection, and after that period the right shall be prescribed. ------------ Alin. ((2) of art. 21 21 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 16 16 of 20 March 2013 , published in MONITORUL OFFICIAL no. 156 156 of 25 March 2013. ((2 ^ 1) The aid shall be paid on the payroll. If the aid is not raised by the beneficiary for 3 months, its payment is suspended, and if until the end of the 9-month period has not been requested, it is no longer granted. ------------ Alin. (2 ^ 1) of art. 21 21 has been introduced by section 3 3 of art. I of EMERGENCY ORDINANCE no. 16 16 of 20 March 2013 , published in MONITORUL OFFICIAL no. 156 156 of 25 March 2013. ((2 ^ 2) In the event of the suspension of the aid, the territorial agencies have the obligation to carry out the checks to determine the causes that led to its failure by the beneficiaries If it is found that they are no longer on the territory of Romania or that they make income per family member at least equal to the level of aid, its granting ceases. ------------ Alin. (2 ^ 2) of art. 21 21 has been introduced by section 3 3 of art. I of EMERGENCY ORDINANCE no. 16 16 of 20 March 2013 , published in MONITORUL OFFICIAL no. 156 156 of 25 March 2013. ((3) The beneficiary of a form of protection, possessor of a residence permit or, as the case may be, of a travel document shall be obliged: a) to submit personally, at least 30 days before the expiry of the validity of the residence permit or travel document, all the necessary documents for the issuance of new documents; b) declare the theft of the travel document, within 48 hours, at the nearest police unit in the country or, as the case may be, from the territory of the state where the event occurred, requesting the issuance of a certificate stating declaring that event; c) declare the loss of the travel document, within 48 hours after the event was found, at the nearest police unit or at the authority that issued it, and abroad, at the diplomatic missions or consular offices of Romania; d) declare the destruction or damage of the travel document to the competent authority at the request of a new document; e) declare the theft, loss, damage or destruction of the residence permit, no later than 5 days after the finding of any of these situations, at the territorial formation of the Romanian Immigration Office, in which case it will be issued a new residence permit with the same validity. ------------- Alin. ((3) of art. 21 21 has been introduced by section 7 7 of art. I of LAW no. 280 280 of 24 December 2010 , published in MONITORUL OFFICIAL no. 888 888 of 30 December 2010. (4) In case of minors, the obligations provided in par. (3) accrue to parents or legal representative, except those aged between 14 and 18, who may personally submit the documents for the issuance of the residence permit or, as the case may be, the travel document, with the consent of the parents or the Legal representative. ------------- Alin. ((4) of art. 21 21 has been introduced by section 7 7 of art. I of LAW no. 280 280 of 24 December 2010 , published in MONITORUL OFFICIAL no. 888 888 of 30 December 2010. + Article 21 ^ 1 Information The General Inspectorate for Immigration informs the beneficiary of international protection, in a language he understands or is reasonably supposed to understand, about the rights he has and his obligations as a result. the recognition of refugee status or the granting of subsidiary protection, as soon as international protection has been conferred in Romania. ----------- Article 21 ^ 1 has been introduced by item 17 17 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. + Chapter IV Forms of protection + Article 22 Forms of protection Under the present law, foreigners: a) their refugee status is recognised; or b) they are granted subsidiary protection; or c) they are granted temporary protection. -------- Lit. c) of art. 22 22 has been amended by section 4.2 4 4 of art. I of LAW no. 18 18 of 4 March 2013 , published in MONITORUL OFFICIAL no. 122 122 of 5 March 2013. + Article 23 Recognition of refugee status Refugee status is recognized, upon request, to the foreign citizen who, following a well-founded fear of being persecuted on grounds of race, religion, nationality, political opinions or belonging to a particular social group, is outside the country of origin and which cannot or, because of this fear, does not wish to seek the protection of that country, as well as the stateless person who, being of the aforementioned reasons outside the country where he was habitually resident, cannot or, because of this fear, it does not wish to return to that country and to which the causes of exclusion from the recognition of refugee status, provided for by this Law. ----------- Article 23 has been amended by section 6.6. 18 18 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. + Article 24 Recognition of refugee status to family members (1) The status of refugee shall be granted, upon request, to the family members referred to in art. 2 lit. j), which is located on the territory of Romania, except in cases where those persons are in one of the situations listed in art. 25. (2) In the case of his or her spouse, respectively, the provisions of par. ((1) shall apply only if the person who has been recognised as a refugee under art. 23 ended the marriage before entering the territory of Romania. (3) If the family member of the beneficiary of the refugee status does not meet the conditions provided in par. (1) and, as the case may be, in para. (2), its request for asylum will be analyzed from the perspective of the provisions of art. 23 23 and 26. ----------- Alin. ((3) of art. 24 24 has been amended by section 19 19 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. + Article 25 Causes of exclusion from the recognition of refugee status (1) The status of refugee shall not be recognised by foreign nationals and stateless persons as to which there are serious grounds to believe that: a) have committed a crime against peace and mankind, a war crime or another crime defined according to the relevant international treaties to which Romania is part or another international document that Romania is obliged to comply with; b) committed a serious crime of common law outside Romania, before being admitted to the territory of the Romanian state; c) have committed acts that are contrary to the purposes and principles as they are stated in the preamble and in art. 1 1 and 2 of the Charter of the United Nations; d) instigated or were complicit in the commission of the facts provided in lett. a)-c). (2) Also, refugee status is not recognized to foreign nationals and stateless persons who have planned, facilitated or participated in the commission of acts of terrorism, as defined in the international instruments to which Romania is part. (3) The refugee status is not recognised by foreign nationals and stateless persons who, having their residence established in another State, are considered by the competent authorities of that State to benefit from rights and obligations arising from the nationality of that State or benefits from equivalent rights and obligations. ----------- Alin. ((3) of art. 25 25 has been introduced by section 20 20 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. (4) Foreign nationals and stateless persons falling within the scope of art. 1 section D of the Geneva Convention, on the protection or assistance provided by a body or institution of the United Nations, other than the United Nations High Commissioner for Refugees, shall be excluded from recognition of refugee status. ----------- Alin. ((4) of art. 25 25 has been introduced by section 20 20 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. ((5) If the termination of the protection or assistance provided in par. ((4) is due to legitimate and objective circumstances on which the person has no control or who is independent of his will and without his situation having been definitively regulated in accordance with the relevant resolutions of the United Nations General Assembly, the foreigner is recognised as a refugee status. ----------- Alin. ((5) of art. 25 25 has been introduced by section 20 20 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. (6) The General Inspectorate for Immigration shall verify, on the basis of an individual assessment of the application, whether the foreigner has actually received protection or assistance from a United Nations body or institution other than the High Commissioner of the United Nations Refugee Organization, the conditions under which the protection or assistance provided in par. (4) have ceased and if the foreigner does not fall within the scope of one of the causes of exclusion from the recognition of refugee status, provided in par. ((1)-(3). The foreigner is obliged to present, as soon as possible, all the necessary documents in support of his request, including that he has effectively resorted to the protection or assistance mentioned and that such protection or assistance has ceased. ----------- Alin. ((6) of art. 25 25 has been introduced by section 20 20 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. ((7) If the termination of the protection or assistance provided in par. ((4) is the result of his own will, the person concerned cannot claim the recognition of the right of refugee status. ----------- Alin. ((7) of art. 25 25 has been introduced by section 20 20 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. + Article 25 ^ 1 Protection within the country of origin (1) In the process of analysing the application for asylum, the competent authorities may determine that the applicant does not need international protection in Romania, when in part of his country of origin there are no good reasons to be exposed to acts of persecution or serious risk, or when it has access to protection against such acts. (2) In the situation referred to in par. ((1) it will be determined whether the applicant can travel safely to that part of the country of origin for the purpose of establishing himself there, taking into account the general conditions existing in the part of the country of origin considered as safe, such as and the personal situation of the applicant, on the basis of accurate and up-to-date information obtained from relevant sources such as the United Nations High Commissioner for Refugees. ----------- Article 25 ^ 1 has been introduced by item 21 21 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. + Article 26 Subsidiary protection (. The subsidiary protection shall be granted to the foreign citizen or to the stateless person who does not fulfil the conditions for the recognition of refugee status and on which there are reasonable grounds to believe that, in the case of return to the country of origin, respectively in the country where he had his usual residence, he will be exposed to a serious risk, within the meaning of the provisions ((2), which cannot or, because of this risk, which does not want the protection of that country and to which the causes of exclusion from the granting of this form of protection, provided for by this law, do not apply. ----------- Alin. ((1) of art. 26 26 has been amended by section 22 22 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. (2) By serious risk, in the sense of par. ((1), it is understood: 1. sentencing to the death penalty or the execution of such punishment; or 2. torture, inhuman or degrading treatment or punishment; or 3. a serious, individual threat to life or integrity, as a result of widespread violence in situations of internal or international armed conflict, if the applicant is part of the civilian population. + Article 27 Granting subsidiary protection to family members (1) The subsidiary protection shall be granted, upon request, to the family members referred to in art. 2 lit. j), which is located on the territory of Romania, except in cases where those persons are in one of the situations listed in art. 28. (2) In the case of his or her spouse, respectively, the provisions of par. ((1) shall apply only if the person to whom subsidiary protection has been granted pursuant to art. 26 ended the marriage before entering the territory of Romania. (3) If the family member of the beneficiary of the subsidiary protection does not meet the conditions provided in par. (1) and, as the case may be, in para. (2), its request for asylum will be analyzed from the perspective of the provisions of art. 23 23 and 26. ----------- Alin. ((3) of art. 27 27 has been amended by section 23 23 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. + Article 28 Causes of exclusion from subsidiary protection (1) The subsidiary protection shall not be granted to foreign nationals and stateless persons when there are serious reasons to believe that they: a) have committed a crime against peace and mankind, a war crime or another crime defined according to the relevant international treaties to which Romania is part or other international documents that Romania is obliged to comply with; b) committed a serious crime of common law before entering the territory of Romania; c) have committed acts that are contrary to the purposes and principles as they are stated in the preamble and in art. 1 1 and 2 of the Charter of the United Nations; d) constitutes a danger to the public order and national security of Romania; e) instigated or were complicit in the commission of the facts provided in lett. a)-d). (2) Also, subsidiary protection is not granted to foreign nationals and stateless persons who have planned, facilitated or participated in the commission of acts of terrorism, as defined in the international instruments to which Romania is Part. + Article 29 Repealed. --------- Article 29 has been repealed by point (a). 5 5 of art. I of LAW no. 18 18 of 4 March 2013 , published in MONITORUL OFFICIAL no. 122 122 of 5 March 2013. According to the same point, Articles 29-33 and 74 are and remain repealed from the date of Romania's accession to the European Union. + Article 30 Repealed. --------- Article 30 was repealed by point (a). 5 5 of art. I of LAW no. 18 18 of 4 March 2013 , published in MONITORUL OFFICIAL no. 122 122 of 5 March 2013. According to the same point, Articles 29-33 and 74 are and remain repealed from the date of Romania's accession to the European Union. + Article 31 Repealed. --------- Article 31 has been repealed by point (a). 5 5 of art. I of LAW no. 18 18 of 4 March 2013 , published in MONITORUL OFFICIAL no. 122 122 of 5 March 2013. According to the same point, Articles 29-33 and 74 are and remain repealed from the date of Romania's accession to the European Union. + Article 32 Repealed. --------- Article 32 has been repealed by point (a) 5 5 of art. I of LAW no. 18 18 of 4 March 2013 , published in MONITORUL OFFICIAL no. 122 122 of 5 March 2013. According to the same point, Articles 29-33 and 74 are and remain repealed from the date of Romania's accession to the European Union. + Article 33 Repealed. --------- Article 33 has been repealed by point (a) 5 5 of art. I of LAW no. 18 18 of 4 March 2013 , published in MONITORUL OFFICIAL no. 122 122 of 5 March 2013. According to the same point, Articles 29-33 and 74 are and remain repealed from the date of Romania's accession to the European Union. + Chapter V Asylum procedure + Section 1 Ordinary procedure + Article 34 Triggering the asylum procedure (1) A person shall be considered an asylum seeker at the time of the manifestation of will, expressed, in writing or orally, before the competent authorities, showing that he or she requests the protection of the Romanian state. (2) From the moment of manifestation of will, expressed under the conditions provided in par. (1), the asylum seeker shall enjoy the rights and shall have the obligations laid down in 17-19. (3) If the application for international protection is submitted on the territory of Romania, but it is addressed to the authorities of another Member State, the foreigner is considered an asylum seeker within the meaning of par. (1) from the moment of manifestation of will before the competent Romanian authorities. ----------- Alin. ((3) of art. 34 34 has been introduced by section 37 37 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 35 Competence of receiving asylum applications The competent authorities to receive an application for asylum are as follows: a) the structures of the Romanian Immigration Office; b) structures of the Romanian Border Police; c) the police units within which detention and preventive arrest centers are established and operate; ----------- Lit. c) of art. 35 35 has been amended by section 4.2 38 38 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. d) structures of the National Administration of Prisons of the Ministry of Justice ------------- Article 35 has been amended by the subsection. 4 4, point I al art. 6 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 424 of 26 June 2007. + Article 35 ^ 1 Information and advice on access to the asylum procedure If there are elements that lead to the idea that foreigners in preventive detention and arrest centers or penitentiaries or at the state border crossing points or transit zone intend to apply for international protection in Romania, the staff of the authorities 35 35 provide information on the possibility of submitting an application for this purpose. ----------- Art. 35 ^ 1 was introduced by item 39 39 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 36 Time of application for asylum (. The application for asylum shall be lodged as soon as: a) the applicant has presented himself at a checkpoint for the crossing of the state border, including in the transit zone; ----------- Lit. a) a par. ((1) of art. 36 36 has been amended by section 4.2 40 40 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. b) the applicant entered the territory of Romania; c) events occurred in the country of origin of the applicant, which causes him to ask for protection for the foreigner with the right to stay in Romania. (2) The applications for asylum lodged outside the territory of Romania are not admitted. (. The competent authorities may not refuse to accept the application for asylum on the grounds that it has been filed late. + Article 36 ^ 1 Registration of applications for international protection (1) The registration of applications for international protection lodged with the General Inspectorate for Immigration shall be made no later than 3 working days from the date of application. ((2) Registration of applications for international protection lodged with the other competent authorities according to art. 35 shall be carried out no later than 6 working days from the date of application. ((3) In the case of a massive influx of applications for international protection lodged with any of the competent authorities according to art. 35, the registration of applications can be made no later than 10 working days from the date of submission of applications. ----------- Art. 36 ^ 1 was introduced by item 41 41 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 37 Application for asylum (1) The application for asylum shall be individual and shall be submitted personally by the applicant or, where appropriate, by the curator or by the legal representative. ((2) The application for asylum shall be completed in Romanian or in a language which the applicant understands. ----------- Alin. ((2) of art. 37 37 has been amended by section 42 42 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (3) Collective asylum applications are not accepted. + Article 38 Application for asylum submitted to territorial structures of the Ministry of Internal Affairs (1) If the application for asylum is submitted to the territorial bodies of the structures of the Ministry of Internal Affairs, provided in art. 35, the applicant is informed that he must present himself to the specialized asylum structure of the Romanian Immigration Office. ------------- Alin. ((1) of art. 38 38 has been modified by the subsection. 12 12, point I al art. 6 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of June 26, 2007, by replacing the phrase "National Office for Refugees or, as the case may be, its territorial structures" with the phrase "specialized structure on asylum matters of the Romanian Immigration Office." (2) If the application for asylum was submitted to a territorial organ of the Romanian Border Police from a checkpoint for the crossing of the state border, the applicant who received access to the territory by a decision of the specialized structure on The asylum problems of the Romanian Immigration Office are informed that they must present themselves to the specialized asylum structure of the Romanian Immigration Office. ------------- Alin. ((2) of art. 38 38 has been modified by the subsection. 12 12, point I al art. 6 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" and the phrase "National Office for Refugees or, as the case may be, its territorial structures" with the phrase " specialized structure on asylum matters of The Romanian Immigration Office. " (3) The asylum seeker shall bear the expenses occasioned by the transport to the specialized structure on asylum matters of the Romanian Immigration Office. To the extent that the applicant does not have the amount necessary to cover the transport expenses, this amount will be borne by the specialized asylum structure of the Romanian Immigration Office. ------------- Alin. ((3) of art. 38 38 has been modified by the subsection. 12 12, point I al art. 6 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" and the phrase "National Office for Refugees or, as the case may be, its territorial structures" with the phrase " specialized structure on asylum matters of The Romanian Immigration Office. " (4) In the situation referred to in par. ((1) and (2), for reasons justified by the public interest, national security, public order, protection of public health and morality, protection of the rights and freedoms of other persons, the Romanian Immigration Office the asylum seeker at one of his territorial formations. ------------ Alin. ((4) of art. 38 38 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (5) Asylum applications submitted at a border crossing checkpoint, those submitted to the units subordinated to the National Administration of Prisons within the Ministry of Justice, as well as those submitted to detention and arrest centers The preventive of the police units shall be recorded in special registers. ----------- Alin. ((5) of art. 38 38 has been amended by section 43 43 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 39 Submission of the application for asylum by a minor (1) In the case of the minor foreigner, his/her interests are defended by his legal representative. (2) The minor shall submit the application for asylum by the legal representative, and in the case of the minor who has reached the age of 14, the application for asylum may be submitted personally. (3) In the case of the unaccompanied minor foreigner who has indicated his will to obtain asylum, in writing or orally, before the competent authorities, he will be registered as an asylum seeker, and the application for asylum will be submitted at the time of appointment Legal representative. (4) If the unaccompanied minor foreigner has indicated his will to obtain asylum, in writing or orally, before the competent authorities, other than the Romanian Immigration Office, the territorial body of the specialized structure of the Ministry of Business The Interior or Ministry of Justice, which was notified, will immediately inform the Romanian Immigration Office, which ensures the transport of the applicant to the competent structure to analyze the asylum application. ----------- Alin. ((4) of art. 39 39 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 40 Appointment of the legal representative (1) After the registration of the unaccompanied minor foreigner as an asylum seeker, the General Inspectorate for Immigration will immediately notify the competent authority for the protection of the child in whose territorial area the accommodation centre is located the application for asylum, in order to trigger the procedure for the appointment of a legal representative. The legal representation of the unaccompanied minor, once established, continues to operate while he benefits from international protection in Romania. ----------- Alin. ((1) of art. 40 40 has been amended by section 24 24 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. (. In the case of the unaccompanied minor asylum seeker, the asylum procedure shall be suspended until the appointment of a legal representative. During the suspension of the asylum procedure the minor benefits from the rights provided in art. 17 17 and 18. + Article 41 Determining the age of the minor asylum (1) If the asylum seeker declares that he is a minor and there is no serious doubt about his minority, he will be considered a minor. (2) If the unaccompanied minor cannot prove his or her age and there are serious doubts about his minority, the specialized asylum structure of the General Inspectorate for Immigration requests, before the settlement. the application for asylum in the administrative phase, carrying out a forensic expertise assessing the age of the applicant, with the prior consent, in writing, of the minor and his legal representative. ----------- Alin. ((2) of art. 41 41 has been amended by section 44 44 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (3) If the asylum seeker and/or the legal representative refuse to carry out the medical-legal assessment of the age and no conclusive evidence is brought about his age, it will be considered a major. (4) In the situation referred to in par. ((3) The person concerned shall be deemed to have reached the age of 18 at the time of the application for asylum. (5) Provisions of para. (3) does not apply if at the basis of the refusal to carry out the forensic expertise establishing the age, there are good reasons, found after the evaluation by a psychologist from the Romanian Immigration Office. ----------- Alin. ((5) of art. 41 41 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (6) The interpretation of the result of the forensic expert assessment of the applicant's age is carried out with the consideration of the principle of the superior interest of the minor. ----------- Alin. ((6) of art. 41 41 has been introduced by section 45 45 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (7) The refusal of the unaccompanied minor applicant to comply with the medical-legal assessment of the age cannot be the sole reason for the rejection of his or her asylum application, nor does it prevent the competent authorities from issuing a ruling on its application for international protection. ----------- Alin. ((7) of art. 41 41 has been introduced by section 45 45 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 42 Appointment of curator (1) If there are serious doubts about the discernment of the applicant for a major asylum, the specialized staff of the Romanian Immigration Office request a forensic expertise to be carried out in this regard. ----------- Alin. ((1) of art. 42 42 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (2) If the forensic expertise finds the lack of discernment of the asylum seeker, the official provided in art. 48 48 para. (2), in charge of the case, requests the appointment of a curator, under the same conditions provided by law for Romanian citizens. (3) The procedure for settling the application for asylum is suspended until the appointment of a curator. During the suspension of the procedure for granting a form of protection, the applicant benefits from the rights provided for in art. 17 17 and 18. (4) The application of the non-discerning asylum seeker is filed by the curator after his appointment. (5) When conducting the interview to determine refugee status is possible, the curator will inform the asylum seeker of the purpose and possible consequences of the personal interview and take the necessary steps. to prepare the applicant to support the interview. ((6) The interview of the non-discerning asylum seeker shall be carried out in the presence of the guardian or, as the case may be, its curator. ----------- Alin. ((6) of art. 42 42 has been introduced by section 46 46 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 43 Preliminary interview (1) After registering the application for international protection to the General Inspectorate for Immigration or its territorial formations, the asylum seeker shall be heard in order to establish his or her personal data family, relatives or any other persons in relations of a family nature with him, of the route covered from the country of origin to Romania, of information on possible previous asylum procedures carried out in another Member State or in a third State, as well as relating to identity or travel documents in his possession. (2) The result of the preliminary interview provided in paragraph ((1) shall be recorded, in writing, in a standard form. ((3) If the applicant's answers result in indications regarding the need to carry out the procedure for determining the responsible Member State, the preliminary interview shall be carried out in compliance with art. 5 5 of the Dublin Regulation. ----------- Article 43 has been amended by section 43. 9 9 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Article 44 Photographing and fingerprinting asylum seekers (1) With the submission of the application for asylum, the General Inspectorate for Immigration or the other competent authorities provided for in art. 35 photographs and preleva fingerprints of all asylum seekers who, according to their statements, have reached the age of 14. (2) Digital fingerprints taken according to par. (1) are transmitted, compared, searched and stored on paper in the cartoteca of the General Inspectorate for Immigration and in electronic format in the AFIS national database (Automated fingerprint comparison system). (3) The transmission, collection, comparison and search for fingerprints of asylum seekers shall be made in compliance with the provisions on the principle of confidentiality and protection of personal data, following that the person concerned be informed in writing of this fact. (4) Digital fingerprints taken according to par. (1) are transmitted, compared, searched and stored in the Eurodac system according to the Eurodac Regulation. ----------- Article 44 has been amended by section 44. 47 47 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 45 Interview to determine international protection ((1) The interview for the determination of international protection in Romania consists in a hearing of the asylum seeker by an official of the General Inspectorate for Immigration, namely designated pursuant to art. 48 48 para. ((2). For the purposes of an appropriate examination, when deemed necessary, the official may request the participation and family members of the asylum seeker interviewed, with the latter's consent. ((2) At the request of the applicant and when deemed necessary for the presentation of all the reasons for the asylum request, the interview shall be carried out by the official provided in art. 48 48 para. ((2), with the support of an interpreter in the language indicated by the applicant or in a language he understands and in which he can clearly communicate. To the extent possible, if the applicant so requests, both the official and the interpreter shall be of the same sex as the person interviewed. ((3) Interviewing asylum seekers is not mandatory in the following situations: a) The General Inspectorate for Immigration may take a decision granting refugee status on the basis of the evidence on file; b) when it is found that the asylum seeker is in the situation provided for in art. 42. In this case, additional efforts shall be made to obtain as much data as possible to resolve the case. (4) The asylum seeker cannot refuse to conduct the interview for the lawyer's absence. Reprogramming of the interview as a result of the lawyer's absence is possible only once and only if there are good reasons to justify this absence. (5) During the hearing of the applicant, an interview note shall be drawn up that includes at least the following: the identification data of the applicant, the name of the official provided in art. 48 48 para. ((2) performing the interview, the name of the interpreter and, where applicable, the legal representative, the curator and/or the lawyer assisting the applicant, the language in which the interview is conducted, the reasons for the request for protection international, as well as the applicant's statement showing that all the data and information presented in the interview are real. Where appropriate, the interview note shall also include the applicant's explanations of the omission of the presentation of elements to be considered when examining the application for asylum and/or clarifications relating to inconsistencies or contradictions in his statements. (6) At the conclusion of the personal interview, the applicant shall be given the opportunity to make comments and/or to provide clarifications on any translation errors or misunderstandings, which shall be recorded in the interview note. (7) The interview note is read to the applicant and, if applicable, translated to it, being mentioned in the interview note, a mention that will also include the confirmation of the applicant that the recorded aspects correctly reflect his statements. (8) After carrying out the activities provided in par. (6), the interview note is signed on each page by all persons present at the interview. (9) After signing the interview note according to the provisions of par. ((8), a copy of which is made available to the applicant for international protection or to the legal representative, to the curator or to the lawyer who assisted him in the interview, as the case may be. This is made mention on the original of the interview note. (10) If the applicant refuses to sign the interview note, the reasons for his refusal will also be recorded. The applicant's refusal to sign the interview note does not prevent the General Inspectorate for Immigration from making a ruling on the asylum application. (11) Where necessary, the official of the General Inspectorate for Immigration responsible for the case may conduct a new interview. ----------- Article 45 has been amended by section 6.6. 48 48 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 46 Interviewing vulnerable international protection applicants Interviewing vulnerable international protection applicants shall be carried out by the officials referred to in art. 48 48 para. ((2) specialize in this regard, which will take into account the special situation of these persons. ----------- Article 46 has been amended by section 6.6. 49 49 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 47 Interviewing of juvenile asylum seekers ((1) Interviewing of minor asylum seekers shall be carried out in the presence of their legal representatives. (2) The legal representative shall inform the applicant of the minor asylum of the purpose and possible consequences of the personal interview and shall take the necessary steps to prepare the minor in order to support the interview. ((3) Interviewing of minor asylum seekers is carried out in all cases where this is possible, depending on their age and degree of maturity. ----------- Alin. ((3) of art. 47 47 has been amended by section 50 50 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (3 ^ 1) If the age and degree of maturity of the minor asylum applicant do not allow interviewing, the official provided in art. 48 48 para. ((2) may decide to conduct the interview with one of the minor's parents, in which case its presence is not necessary. ----------- Alin. (3 ^ 1) of art. 47 47 has been introduced by section 51 51 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (4) In carrying out the interview with the minor asylum seeker, account shall be taken of his degree of intellectual development and maturity. + Article 48 Jurisdiction for the settlement of asylum applications ((1) Interviewing, the analysis of the grounds invoked and the decision on asylum applications are within the competence of the Romanian Immigration Office. ----------- Alin. ((1) of art. 48 48 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (2) These activities are carried out by the officials of the Romanian Office for Immigration. ----------- Alin. ((2) of art. 48 48 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (3) The appointment of officials shall be made available to the Director of the Romanian Immigration Office. ----------- Alin. ((3) of art. 48 48 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 49 Collection of information relevant to the asylum application ((1) Abrogat. ----------- Alin. ((1) of art. 49 49 has been repealed by section 6.6. 52 52 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (2) The Romanian Immigration Office may request any public institutions, agencies or organizations operating on the territory of Romania any documents necessary to analyze the applicant's situation and to resolve its asylum application, in compliance with confidentiality under the conditions laid down in art. 10. In these cases the applicant's consent is not required. ----------- Alin. ((2) of art. 49 49 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (3) The Ministry of Foreign Affairs regularly provides summary materials on the situation in the countries of origin of asylum seekers, as well as answers to the specific requests of the Romanian Immigration Office, necessary for the purpose of settlement of asylum applications. ----------- Alin. ((3) of art. 49 49 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (4) The General Inspectorate for Immigration consults the Ministry of Foreign Affairs to establish safe countries of origin, safe European third countries and safe third countries. ----------- Alin. ((4) of art. 49 49 has been amended by section 53 53 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 49 ^ 1 Forensic expertise (1) When deemed relevant for the resolution of the application for international protection and if there is the consent of the applicant, it shall be subject to forensic expertise on signs of the past exposure to persecution or to a serious risk. (2) The applicant's refusal to submit to the forensic expertise provided in par. ((1) does not prevent the General Inspectorate for Immigration from making a decision on the application for asylum. (3) The forensic expertise provided in par. (1) is carried out through the institutions of legal medicine, and their result is immediately transmitted to the General Inspectorate for Immigration. The settlement of expenses shall be provided by the Ministry of Internal Affairs, through the budget allocated to the General Inspectorate for Immigration in this regard. (4) When a forensic expertise is not carried out in accordance with the provisions of par. (1), the General Inspectorate for Immigration informs, in writing, the applicant that he may carry out, at his own expense, a forensic expertise on signs of exposure in the past to persecution or a serious risk. (5) The results of the forensic surveys provided in par. ((1) and (4) are considered by the General Inspectorate for Immigration in conjunction with other elements of the application for international protection for its resolution. ----------- Art. 49 ^ 1 was introduced by item 54 54 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 50 Resolution of the asylum application (1) The application for asylum is settled on the basis of the documents existing on the applicant's file and on the grounds invoked by the applicant, which are analysed in relation to the concrete situation in the country of origin and the credibility of the applicant (2) In the settlement of asylum applications of minor asylum seekers, their degree of intellectual development, as well as their maturity, shall be taken into account. (3) In settling the asylum applications of discerning major asylum seekers, their statements are appreciated with the consideration of the degree to which their discernment is affected. (4) In the situations provided in art. 45 45 para. ((3), the application for asylum shall be settled on the basis of the existing elements on file ----------- Alin. ((4) of art. 50 50 has been amended by section 55 55 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 50 ^ 1 Application for asylum lodged by the beneficiary of international protection granted by another Member State (. The application for asylum lodged by a foreigner receiving international protection granted by another Member State shall be rejected as inadmissible by reasoned judgment. (2) The applicant is given the opportunity to present, in an interview, the personal situation, in order to determine whether in his case the provisions of par. ((1). (3) The provisions of par. ((1) shall not apply where the factual situation or evidence presented by the applicant shows the existence of a well-founded fear of persecution or of being exposed to a serious risk in the Member State which granted it international protection and/or the applicant does not enjoy the effective protection of the Member State concerned. (4) In the situation referred to in par. (3), the application for asylum is analyzed in accordance with the provisions of art. 50. (5) Against the decision provided in par. (1) the applicant may lodge a complaint, the provisions of 80 80 and 81 applying properly. ----------- Article 50 ^ 1 has been introduced by item 56 56 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 51 Waiver of asylum application at administrative stage (1) The waiver of the application for asylum shall be: a) explicit, when the asylum seeker expressly waives his application; b) the default, when the applicant does not appear at the time limit set for the preliminary interview or interview for the determination of a form of international protection, without presenting good reasons for his absence. (. The applicant who explicitly waives the application for asylum shall be informed of the consequences of the waiver, in a language which he understands or is reasonably supposed to understand. (3) In case of default waiver, the official of the General Inspectorate for Immigration shall draw up a report by which the non-submission of the interview is found. ((4) In case of waiver of the application for asylum, the official provided in art. 48 48 para. (2) issue a decision to close the file, which shall be communicated to the applicant under the conditions of this law and which is not subject to appeal. (5) In case of default waiver, the decision to close the file shall be issued after the expiry of a period of 30 days from the date of preparation of the minutes provided in par. ((3). ----------- Article 51 has been amended by section 1. 57 57 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 52 The deadline for settling the application for asylum (1) The official referred to in art. 48 48 para. ((2) conduct the interview, consider the reasons invoked by the applicant and rule on the applicant's request, within 30 days of taking the case. (2) If the settlement of the application for asylum requires additional documentation, as well as in other duly justified cases, which make it impossible to carry out the activities necessary to solve the asylum application or lead to non-compliance with the guarantees recognized by this law due to causes not attributable to the applicant, the term provided in par. ((1) shall be extended successively with new periods of no more than 30 days, not exceeding 6 months after the application for asylum. (3) If the term provided for in par. ((2) is exceeded, the applicant shall be informed of the delay and shall receive, upon request, information on the reasons for the delay, as well as on the time limit for the adoption of a decision on his application. (4) The term provided in par. ((1) shall be suspended during the procedure for determining the Member State responsible for considering a request for asylum, the procedure of the first country of asylum, the procedure of the safe third country or, where appropriate, the procedure of the safe European third country. After the end of the case of suspension the term of settlement may not be less than 20 days. (5) The term provided in par. ((2) may be extended successively with new periods that cumulated do not exceed 9 months, in the following situations: a) the asylum procedure involves complex elements in fact and/or in law; or b) a large number of foreigners simultaneously request international protection, which in practice makes it very difficult to resolve their requests in the administrative stage within the 6-month period. (6) Exceptionally, in duly justified situations, the deadlines provided in par. ((2) and (5) may be extended by no more than 3 months. ----------- Article 52 has been amended by section 4.2. 58 58 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 53 Decision to settle the application for asylum (1) The official referred to in art. 48 48 para. ((2) issue a judgment by which: a) recognize refugee status; or b) grant subsidiary protection; or c) reject the application for asylum. (2) The decision granting subsidiary protection also includes the reasons for not granting refugee status. (3) The decision rejecting the application for asylum shall include the appropriate reasons for each form of protection provided for in art. 23 and 24, art. 26 or 27, as well as the mention on the obligation to leave the territory of Romania according to art. 19 lit. j). ----------- Alin. ((3) of art. 53 53 has been amended by section 59 59 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 54 Communication of the resolution of the asylum application (1) Admission or rejection of the application for asylum shall be made by decision, which shall be communicated immediately, in writing, to the applicant, by direct communication by the representatives of the General Inspectorate for Immigration or by postal reference, with confirmation of receipt, at its last declared residence. The judgment communicated shall be accompanied by an information in writing, in Romanian and in a language which the applicant understands or is reasonably supposed to understand, of the solution for admission or rejection of the application for asylum and the conditions under which the judgment may be challenged, as appropriate. ----------- Alin. ((1) of art. 54 54 has been amended by section 13 13 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. (1 ^ 1) The decision on the admission or rejection of the application for asylum may be communicated, as the case may be, to the lawyer or representative of the non-governmental organization legally representing the applicant, in so far as the applicant has made clear express this. The communication is carried out directly by the representatives of the General Inspectorate for Immigration or by postal reference, with acknowledgement of receipt, at the address indicated by the lawyer or by the representative of the ----------- Alin. ((1 ^ 1) of art. 54 54 has been introduced by section 60 60 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (2) If the communication of the decision is not possible under the conditions provided in par. ((1) or (1 ^ 1), it is made by displaying, at the headquarters of the structure of the General Inspectorate for issuing Immigration, an information note that will include: the number of the applicant's temporary identity document, the number and date of the decision, the solution on the application for asylum, the deadline for the submission of the complaint and the competent court with its resolution, in the case of decisions rejecting the application for asylum, and the date of the display. ----------- Alin. ((2) of art. 54 54 has been amended by section 61 61 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (3) In the case provided in par. (2), the information note is displayed throughout the period of submission of the complaint, and the decision is deemed to be communicated from the date of display of the information note. ((. The reasons for granting a form of protection shall not be communicated. ------------ Article 54 has been amended by section 4. 3 3 of art. unique of EMERGENCY ORDINANCE no. 187 187 of 25 November 2008 , published in MONITORUL OFFICIAL no. 803 803 of 2 December 2008. + Article 55 Deadline for submission of complaint (1) Against the decision provided in art. 53 53 para. ((1) lit. b) and c) complaint can be made, within 10 days of communication. ------------ Alin. ((1) of art. 55 55 has been amended by section 4 4 of art. unique of EMERGENCY ORDINANCE no. 187 187 of 25 November 2008 , published in MONITORUL OFFICIAL no. 803 803 of 2 December 2008. (2) If the complaint was filed within the period provided in par. (1), the applicant has the right to remain on the territory of Romania during the complaint. + Article 56 Submission of complaint (1) The reasoned complaint shall be submitted to the specialized asylum structure of the Romanian Immigration Office which issued its ruling to the competent court and will be accompanied by the copy of the decision rejecting the application for asylum, as well as the the documents or any other elements on which the complaint is supported. ------------ Alin. ((1) of art. 56 56 has been amended by section 5 5 of art. unique of EMERGENCY ORDINANCE no. 187 187 of 25 November 2008 , published in MONITORUL OFFICIAL no. 803 803 of 2 December 2008. ((1 ^ 1) The reasoned complaint submitted to the specialized structure on asylum matters of the Romanian Immigration Office shall be submitted immediately to the competent court, accompanied by the documents or any other elements that were the basis for issuing the judgment. ------------ Alin. ((1 ^ 1) of art. 56 56 has been introduced by section 6 6 of art. unique of EMERGENCY ORDINANCE no. 187 187 of 25 November 2008 , published in MONITORUL OFFICIAL no. 803 803 of 2 December 2008. (1 ^ 2) If the complaint was filed by the applicant directly to the court, the Romanian Immigration Office to the address of the specialized asylum structure that issued the decision rejecting the asylum application was immediately quoted. ------------ Alin. ((1 ^ 2) of art. 56 56 has been introduced by section 6 6 of art. unique of EMERGENCY ORDINANCE no. 187 187 of 25 November 2008 , published in MONITORUL OFFICIAL no. 803 803 of 2 December 2008. (2) In the case of the minor, the complaint shall be filed by his legal representative. The minor who has reached the age of 16 can file the complaint in his own name. (3) In the case of the indiscriminate stranger, the complaint shall be filed by the curator + Article 57 Content of complaint (. The complaint shall include: a) the name and residence of the applicant, the name and seat of the competent structure which has settled the application for asylum in the administrative procedure b) the subject c) the presentation of the factual and legal reasons on which the complaint is based; d) indication of the evidence on which the complaint is supported; e) signature. (2) When proof is made by documents, a copy for the defendant and a copy for the court will be joined to the complaint. Copies will be certified by the petitioner that they conform to the original. + Article 58 Confidentiality in court proceedings (1) At the stage of the settlement of asylum applications, the proceedings shall be held at the secret meeting. (. In the court stage, the asylum procedure shall be conducted in compliance with the principle of confidentiality. + Article 59 Procedural rights exercise The exercise of procedural rights is done only personally or through the assistance of a + Article 60 Parts Within the meaning of this law, the parties are: a) Romanian Immigration Office ----------- Lit. a) of art. 60 60 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". b) the asylum seeker whose application for asylum has been rejected in whole or in part. + Article 61 Welcome The welcome will include: 1. the exceptions of the procedure that the defendant raises to the complaint made by the petitioner; 2. the answer to all the factual and rightful heads of the complaint; 3. the evidence with which it defends against each end of the complaint. When he asks for proof of witnesses, the intimate will show the name and domicile or, where applicable, their residence; 4. signature. + Article 61 ^ 1 Non-application of provisions of the Code of Civil Procedure Art. 200 of the Code of Civil Procedure on the verification of the application and its regularization do not apply in the procedures provided by this law. ----------- Art. 61 ^ 1 was introduced by item 1. 62 62 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 62 Looks and debates ((1) Causes having as their object requests for asylum shall be adjudicated in particular to other civil cases within a period of 30 days. (2) The court will be able to grant a single term for the lack of defence, thoroughly motivated. + Article 63 Hearing The court may order the asylum seeker's hearing when he considers that it is useful to resolve the case + Article 64 Resolution of complaint (1) The complaint shall be settled by the judge in whose territorial area there is the specialized structure on asylum matters of the Romanian Immigration Office that issued the decision. ------------- Alin. ((1) of art. 64 64 has been modified by the subsection. 12 12, point I al art. 6 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "specialized structure on asylum matters of the Romanian Immigration Office." (. The court shall settle the complaint within 30 days of its receipt. (3) The court will motivate the decision taken within 5 days of the ruling. + Article 65 Court costs The complaint, as well as the other procedural documents regarding its settlement, are exempt from stamp duty and no costs can be requested. + Article 66 Deadline for submission of appeal (1) Against the court's ruling the objector or the Romanian Immigration Office may declare an appeal within 5 days of the ruling. ----------- Alin. ((1) of art. 66 66 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (. In the case of the minor, the appeal shall be declared by his legal representative. The minor who has reached the age of 16 can declare an appeal in his own name. (3) In the case of the indiscriminate stranger, the appeal shall be declared by the curator. (4) If the appeal has been declared within the period provided in par. (1), the applicant has the right to remain on the territory of Romania during the resolution of the appeal. (5) The deadline for motivating the appeal is 10 days from the date of communication of the sentence. + Article 67 Resolution of the appeal The appeal is adjudicated within 30 days of its registration by the tribunal-the administrative litigation section-in whose constituency is the court of which the judgment is appealed. + Article 68 Waiver of judgment (1) The petitioner may at any time drop the judgment either verbally at the hearing or by written request. (2) The waiver is found by the court by a decision with the right of appeal within 5 days of its delivery. + Article 69 Exercise of remedies outside the legal term (1) In case of submission of complaint, respectively of the appeal outside the legal term, the applicant may request the suspension of the execution of the return decision. The request for suspension shall be settled within 7 days of its registration by the competent court, which shall rule in the chamber of council, without citing the parties, by an irrevocable conclusion. ----------- Alin. ((1) of art. 69 69 has been amended by section 2 2 of art. unique from LAW no. 347 347 of 3 December 2007 , published in MONITORUL OFFICIAL no. 851 851 of 12 December 2007. (2) Until the moment of settlement of the application for suspension of the execution of the return decision, the foreigner cannot be removed from the territory of the Romanian state. ----------- Alin. ((2) of art. 69 69 has been amended by section 2 2 of art. unique from LAW no. 347 347 of 3 December 2007 , published in MONITORUL OFFICIAL no. 851 851 of 12 December 2007. ((. If the court accepts the application for suspension of the execution of the return decision, the suspensive effect shall be granted until the time of delivery on the application for re-entry. ----------- Alin. ((3) of art. 69 69 has been amended by section 2 2 of art. unique from LAW no. 347 347 of 3 December 2007 , published in MONITORUL OFFICIAL no. 851 851 of 12 December 2007. (4) The stranger will benefit from all the rights provided in art. 17 17 and 18 from the time of admission of the request for reinstatement. + Article 69 ^ 1 Application of the ordinary procedure Art. 56 56-69 shall apply accordingly to the other procedures provided for by this Law, in so far as the latter do not contain any special provisions or contrary provisions. ----------- Art. 69 ^ 1 was introduced by item 63 63 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 70 Return Decision (1) After the completion of the asylum procedure in the case of the foreigner who has not obtained international protection, the General Inspectorate for Immigration issues the return decision, which contains the obligation of the foreigner to leave the territory of Romania immediately or until on the expiry of the 15-day period provided for in 19 lit. j). (2) If, for objective reasons, the foreigner cannot leave the territory of Romania within the period provided for in art. 19 lit. j), the General Inspectorate for Immigration grants it the permission to remain on the territory of Romania, under the conditions provided by the legal regulations on the regime of foreigners in Romania. ----------- Article 70 has been amended by point 64 64 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Section 2 Family reunification + Article 71 Family reunification (1) The beneficiary of international protection in Romania may apply for asylum for the members of his family referred to in art. 2 lit. j), if they are not on the territory of Romania. ----------- Alin. ((1) of art. 71 71 has been amended by section 26 26 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. (2) These applications shall be submitted to the specialized structure on asylum matters of the Romanian Immigration Office. ------------- Alin. ((2) of art. 71 71 has been modified by the subsection. 12 12, point I al art. 6 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of June 26, 2007, by replacing the phrase "National Office for Refugees or, as the case may be, its territorial structures" with the phrase "specialized structure on asylum matters of the Romanian Immigration Office." (3) If the official referred to in art. 48 48 para. (2) considers that the proof of kinship was made by the beneficiary of the protection form or, as the case may be, of the conclusion of the marriage prior to entry into the territory of Romania, will request diplomatic missions or consular offices of Romania the granting of the short-stay visa for the family members referred to in par. ((1), which hold valid travel documents. ------------- Alin. ((3) of art. 71 71 has been amended by section 8 8 of art. I of LAW no. 280 280 of 24 December 2010 , published in MONITORUL OFFICIAL no. 888 888 of 30 December 2010. (3 ^ 1) For the family members referred to in par. ((1) who do not hold valid travel documents, are unable to obtain them and are outside the country of origin, at the request of the official provided for in art. 48 48 para. (2), the diplomatic missions or consular offices of Romania issue travel titles between those provided in art. 20 20 para. ((9) and grant the short-stay visa for entry into the country. The validity of the travel title is no more than 30 days and ceases by right on the date of entry of the holder on the territory of Romania ------------- Alin. (3 ^ 1) of art. 71 71 has been introduced by section 9 9 of art. I of LAW no. 280 280 of 24 December 2010 , published in MONITORUL OFFICIAL no. 888 888 of 30 December 2010. (4) After the entry into the territory of Romania of family members, if there is their agreement on the application for asylum, the settlement of the application will be made according to the provisions of this law. + Article 72 Family reunification in case of unaccompanied minors (1) Family reunification in the case of unaccompanied minors benefiting from a form of protection shall be based on the best interests of the child. (2) The Romanian Immigration Office will trigger the family reunification procedure ex officio. When the family reunification procedure is triggered ex officio, the consent of the legal representative or, as the case may be, of the unaccompanied minor shall be required. In all cases, the unaccompanied minor's opinion will be taken into account and given due importance. ----------- Alin. ((2) of art. 72 72 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (3) If the unaccompanied minor's family has been detected, the official provided for in art. 48 48 para. ((2) consider the possibility and the conditions for achieving the reunification and issue a reasoned decision in this regard. (4) The decision provided in par. (3) is subject to appeal under the conditions of art. 58-69. + Article 73 Family detection in case of unaccompanied minor applicant or beneficiary of international protection (1) The General Inspectorate for Immigration shall take measures as soon as possible for the detection of the unaccompanied minor's family, while protecting the latter's best interests. (2) The unaccompanied minor's opinion on the detection of his family is taken into account and given due importance, in relation to the age and the degree of maturity thereof. (3) Data and information collected for the purpose provided in par. (1) are processed in compliance with the principle of confidentiality, especially when the life or physical integrity of a minor or his relatives who remained in the country of origin would be endangered. ----------- Article 73 has been amended by section 6.6. 65 65 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 74 Repealed. --------- Article 74 has been repealed by point (a) 5 5 of art. I of LAW no. 18 18 of 4 March 2013 , published in MONITORUL OFFICIAL no. 122 122 of 5 March 2013. According to the same point, Articles 29-33 and 74 are and remain repealed from the date of Romania's accession to the European Union. + Section 3 Accelerated procedure + Article 75 Asylum applications subject to accelerated procedure (1) Subject to the accelerated procedure: a) manifestly unfounded asylum claims; b) applications for asylum of persons who, through their activity or belonging to a certain grouping, present a danger to national security or public order in Romania; c) asylum applications of persons coming from a safe country of origin. (2) The applications for asylum of applicants in need of special procedural or reception guarantees may be settled in the accelerated procedure only in the situation in par. ((1) lit. b). ----------- Alin. ((2) of art. 75 75 has been amended by section 66 66 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 76 Obviously unfounded asylum claims a) lack of foundation of the invocation of a fear of persecution or exposure to a serious risk in the country of origin, under the conditions of art. 23 23 or art. 26 26; ----------- Lit. a) a par. ((1) of art. 76 76 has been amended by section 4.2 1 1 of art. unique from LAW no. 137 137 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014, which introduces the item 27 27 ^ 1 al art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. b) deliberately misleading the bodies with the powers of refugees or the recourse, abusively, in bad faith, to the asylum procedure. ((2) The lack of foundation of the invocation of a fear of persecution or of exposure to a serious risk in the country of origin exists in the following cases: a) the applicant does not invoke any fear of persecution within the meaning of art. 23 23 or an exposure to a serious risk within the meaning of art. 26 26; ----------- Lit. a) a par. ((2) of art. 76 76 has been amended by section 4.2 1 1 of art. unique from LAW no. 137 137 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014, which introduces the item 27 27 ^ 2 al art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. b) the applicant does not provide data or information in the sense that it would be exposed to a fear of persecution or a serious risk or its accounts do not contain circumstantial or personal details; c) the application for asylum is clearly lacking in credibility, in the sense that the applicant's account is inconsistent, contradictory or blatantly untrue to the situation in his country of origin; d) repealed. ----------- Lit. d) a par. ((2) of art. 76 76 has been repealed by section 6.6. 28 28 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. (3) Inducting, deliberately, the refugee competent bodies or the misuse of the asylum procedure exists in all cases where the applicant, without giving a plausible explanation, is in one of the following: Situations: a) submitted the application for asylum under a false identity or presented false or falsified documents, claiming that they are authentic; b) after the lodging of the asylum application, he deliberately presented false elements in relation to it; c) in bad faith he destroyed, damaged, threw or alienated the document for crossing the border or a document relevant to his application, or to establish a false identity for the purpose of applying for and granting refugee status, or to make it difficult to resolve its application; d) deliberately concealed the fact that he had previously filed an application for asylum in one or more countries, especially when using a false identity; e) filed an application for asylum with the obvious purpose of preventing the imminent execution of a measure ordered by the competent authorities, removal from the country, extradition or expulsion, although prior to the disposition of such a measure had the possibility to submit such an application; ----------- Lit. e) a par. ((3) of art. 76 76 has been amended by section 4.2 29 29 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. f) the applicant entered the territory of Romania illegally or illegally extended his stay and, without a good reason, either did not present himself to the authorities or did not submit his application for international protection as soon as possible, considering the circumstances of its entry into the ----------- Lit. f) a par. ((3) of art. 76 76 has been amended by section 4.2 67 67 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. g) repealed; ----------- Lit. g) a par. ((3) of art. 76 76 has been repealed by section 6.6. 68 68 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. ((4) The reasons listed in par. ((1), as well as the asylum applications provided for in art. 75 75 para. ((1) lit. b) and c) may not prevail well-founded fear of persecution according to art. 23 23 or exposure to a serious risk within the meaning of art. 26. ----------- Alin. ((4) of art. 76 76 has been amended by section 2 2 of art. unique from LAW no. 137 137 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014, which introduces the item 29 29 ^ 1 al art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. + Article 77 Safe countries of origin (1) Member States of the European Union, as well as other states established by order of the Minister of Internal Affairs, on the basis of the list, shall be considered as safe countries of origin, taking into account a series of criteria, including: a) the situation of respect for human rights and fundamental freedoms, as provided for and guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, ratified by Romania by Law no. 30/1994 on the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms and Additional Protocols to that Convention, as amended, hereinafter referred to as the European Convention, and/or the International Covenant with on civil and political rights, ratified by Romania Decree no. 212/1974 , and/or the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted in New York on 10 December 1984, to which Romania acceded by Law no. 19/1990 , in particular the rights from which no derogation is permitted, in accordance with art. 15 15 para. ((2) of the European Convention; b) the functioning of democratic principles, political pluralism and free elections, as well as the existence of functional democratic institutions to ensure the guarantee and respect of fundamental human rights; c) the existence of effective mechanisms for the violation of human rights and fundamental freedoms; d) compliance with the principle of non-refoulement, in accordance with the provisions of the e) the existence of factors of stability. (2) In the process of determining the safe country of origin, the General Inspectorate for Immigration takes into account information provided by other Member States, by the BESA, by the United Nations High Commissioner for Refugees (UNHCR), by the Council of Europe or other relevant international organisations. (3) The General Inspectorate for Immigration periodically reviews the situation in third countries designated as safe countries of origin, and on the basis of the resulting information, updates the list referred to in par. ((1). (4) The application for asylum of the foreigner who comes from a safe country of origin is rejected as evidently unfounded, unless the factual situation or evidence presented by the applicant shows the existence of a well-founded fear of persecution in the sense of 23 23 or exposure to a serious risk within the meaning of art. 26. In this case the applicant shall receive access to the ordinary procedure. ----------- Article 77 has been amended by section 6.6. 69 69 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 78 Timing of the accelerated procedure The accelerated procedure may be triggered during the ordinary procedure on the date on which the designated official finds the existence of one of the situations provided for in art. 75. + Article 79 Settlement of asylum applications subject to accelerated procedure The official referred to in art. 48 48 para. (2), after conducting the interview and analysing the grounds invoked in support of the application for asylum, it shall be pronounced within 3 days of the accelerated procedure. + Article 80 Remedies and remedies (1) If a decision has been delivered to reject the application as evidently unfounded, the deadline for filing the complaint shall be 7 days after the communication. If the complaint is filed within the legal deadline, the applicant has the right to remain on the territory of Romania during the complaint. ----------- Alin. ((1) of art. 80 80 has been amended by section 70 70 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (2) The resolution of the complaint is the jurisdiction of the court in whose territorial area the specialized structure on asylum matters of the Romanian Immigration Office that issued the judgment is located. Art. 56 56 shall apply accordingly. ------------ Alin. ((2) of art. 80 80 has been amended by section 7 7 of art. unique of EMERGENCY ORDINANCE no. 187 187 of 25 November 2008 , published in MONITORUL OFFICIAL no. 803 803 of 2 December 2008. + Article 81 Judgment of the Court (. The court shall settle the complaint within a period of 10 days and shall make a reasoned decision, whereby: a) admits the complaint and retains the case for settlement in the ordinary procedure; b) maintains the decision of the Romanian Immigration Office. ----------- Point b) of par. ((1) of art. 81 81 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (2) The court's decision provided in par. ((1) lit. b) is irrevocable. ((3) If the application for asylum has been rejected by an irrevocable decision, the provisions of art. 70. + Section 4 Border procedure + Article 82 Lodging an asylum application at checkpoints for crossing the state border The application for asylum lodged with the territorial bodies of the Romanian Border Police from a checkpoint for the crossing of the state border is immediately submitted to the competent structure of the Romanian Immigration Office, which analyzes and pronounces a ruling within 3 days of receipt. ----------- Article 82 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 83 Settlement of applications for international protection lodged at checkpoints for crossing the state border (1) The official referred to in art. 48 48 para. (2), after conducting the interview and analysing the reasons given for granting international protection, in relation to the data on the situation in the country of origin, it shall: a) the granting of a form of protection and access to the territory; or b) granting access to the territory and to the ordinary asylum procedure, if the application for asylum cannot be rejected for one of the reasons provided for in art. 76 76 para. ((1) or if there is evidence of evidence or circumstantial evidence indicating that the responsibility for examining the application for international protection belongs to another Member State or if there are indications of applicability the procedure of the first country of asylum, the safe third country procedure or the procedure of the safe European third country, as appropriate; c) rejection of asylum application as evidently unfounded and failure to grant access to the territory. (2) They are subject to the border procedure and asylum applications submitted, under the conditions of art. 82, by foreigners who have previously completed an asylum procedure in Romania. (3) In the situation referred to in par. (2) the official provided in art. 48 48 para. (2), on the basis of the reasoned request, of the documentation presented by the foreigner and in relation to the elements existing on his personal file, as well as after considering the conditions provided in art. 88 88 para. ((2), issue a judgment by which: a) grant access to the territory and to a new asylum procedure; or b) reject the application as inadmissible and do not grant access to the territory. (4) In the situation referred to in par. (1), if on the basis of the elements existing on the file it is possible to issue a decision granting access to the ordinary procedure, the asylum seeker is no longer subject to the interview provided in art. 45. ----------- Article 83 has been amended by section 6.6. 71 71 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 84 Asylum seekers requiring special procedural guarantees (. Applications for asylum of applicants in need of special procedural guarantees shall not be subject to the border procedure unless, for good reasons, the applicant may be considered a danger to public order or national security. ((2) Asylum seekers referred to in par. (1) shall receive access to the territory and to the ordinary procedure. ----------- Article 84 has been amended by section 4. 72 72 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 85 Remedies and remedies (1) Against the decision rejecting the application for asylum provided for in art. 83 83 para. ((1) lit. c) and para. ((3) lit. b) the foreigner may file a complaint within 7 days of communication. ----------- Alin. ((1) of art. 85 85 has been amended by section 73 73 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (2) The resolution of the complaint is the jurisdiction of the court in whose territorial area the specialized structure on asylum matters of the Romanian Immigration Office that issued the judgment is located. Art. 56 56 shall apply accordingly. ------------ Alin. ((2) of art. 85 85 has been amended by section 8 8 of art. unique of EMERGENCY ORDINANCE no. 187 187 of 25 November 2008 , published in MONITORUL OFFICIAL no. 803 803 of 2 December 2008. + Article 86 Judgment of the Court (1) The court shall settle the complaint within 5 days and shall pronounce a reasoned judgment, whereby: a) admits the complaint, grants access to the territory and retains the case for settlement in the ordinary procedure; or b) maintains the decision of the Romanian Immigration Office. ----------- Lit. b) a par. ((1) of art. 86 86 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (2) The court's decision provided in par. ((1) lit. b) is irrevocable. (3) If the application for asylum was rejected by an irrevocable decision, the General Inspectorate of the Romanian Border Police will take measures to return the foreigner. + Article 87 Accommodation of asylum seekers at checkpoints for crossing the state border (1) The stranger who requests a form of protection in Romania remains in the transit area from the control point for the crossing of the state border until the approval of the approval of the entry into Romania or, as the case may be, until the irrevocable stay of the decision rejecting the application for asylum, but not more than 20 days after entering the transit zone. (2) The asylum seeker can be accommodated in special reception centres and accommodation near the checkpoints for the crossing of the state border, established by order of the Minister of Internal Affairs and having the legal regime of the transit. (3) The asylum seeker accommodated in the centers referred to in par. (2) benefit free of charge in kind, under the conditions established by Government decision. (4) Persons referred to in par. (3) the provisions of art. 17 17 para. ((1) lit. j) relating to the amounts due for the meal. (5) After the expiry of the period provided for in ((1), if the application for asylum is not resolved by an irrevocable decision, the foreigner is allowed to enter the country. (6) During the period during which the State border control is located, the asylum seeker shall be entitled to legal and social assistance and humanitarian aid from non-governmental organisations responsible for refugees, as well as from the Romanian representative of the United Nations High Commissioner for Refugees (UNHCR) and also has the rights and obligations provided in art. 17-19, with the exception of those who contradict the provisions of this procedure. (7) The applicant for international protection shall be notified immediately, in writing, in a language which he or she understands or is reasonably supposed to understand, information on the procedure at the border, the granting or non-granting of access to the territory, the rights and obligations it has during the procedure, the manner of contesting the decision issued by the official provided for in art. 48 48 para. ((2), as well as on the possibility of requesting judicial public aid under the law. ----------- Alin. ((7) of art. 87 87 has been introduced by section 74 74 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Section 5-a Procedure for resolving the application for access to a new asylum procedure + Article 88 Conditions for the submission of the application for access to a new asylum procedure (. The application for granting access to a new asylum procedure may be submitted only if the following conditions are met: a) to be submitted personally, the person to be on the territory of Romania; and b) the previous procedure for settling the application for asylum or, as the case may be, the application for granting access to a new asylum procedure has been completed, without the foreigner having obtained a form of protection, or the procedure of cancellation or termination as a result of which the form of protection has been cancelled or has ceased. ----------- Lit. b) a par. ((1) of art. 88 88 has been amended by section 4.2 75 75 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. The previous asylum procedure is completed on the date of communication of the decision to close the file, upon the expiry of the legal deadline for filing the complaint against the decision of the Romanian Immigration Office, upon the expiry of the deadline for filing the appeal or, where appropriate, at the time of delivery of the judgment by the court of appeal. ----------- Second sentence of the letter. b) a par. ((1) of art. 88 88 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (. Access to a new asylum procedure shall be granted if, alternatively, the following conditions are met: a) the applicant invokes new elements which could not be presented for reasons not attributable to him and which arose during or after the completion of the previous procedure, within the meaning of paragraph 1. ((1) lit. b). The applicant is obliged to provide proof of the existence of the new elements invoked and of the impossibility of their presentation until the date of submission of the application for access to a new asylum procedure. The new elements invoked cannot be the result of actions caused by the applicant in order to obtain a form of international protection from the Romanian state; ----------- Lit. a) a par. ((2) of art. 88 88 has been amended by section 4.2 30 30 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. b) from the date of completion of the previous asylum procedure, within the meaning of paragraph ((1) lit. b), political, social, military or legislative transformations occurred in the country of origin, likely to have serious consequences for the applicant. (3) The personal submission of the application will not be mandatory in the case of foreigners who are taken into custody by the Romanian Immigration Office and its territorial structures, are in pre-trial detention or in the course of execution of a custodial sentence of freedom. ------------ Alin. ((3) of art. 88 88 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "Foreign Authority" with the phrase "Romanian Immigration Office". ((4) Applications for granting access to a new asylum procedure, belonging to foreigners in the situations referred to in par. (3), will be transmitted immediately to the specialized structure on asylum matters of the Romanian Office for Immigration by the organs in custody or, as the case may be, in the arrest or detention of which they are. ------------- Alin. ((4) of art. 88 88 has been modified by the subsection. 12 12, point I al art. 6 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "specialized structure on asylum matters of the Romanian Immigration Office." + Article 88 ^ 1 Rights and obligations of the foreigner during the procedure for granting access to a new asylum procedure ((1) During the procedure for the settlement of the application for granting access to a new asylum procedure, the foreigner has the following rights: a) to be informed, free of charge, in writing, in a language which he understands or is reasonably supposed to understand, at the time of the application, with regard to the procedure to be followed and the deadlines within this procedure, the rights and the obligations it has during the procedure, as well as the possible consequences of non-compliance with these obligations and the lack of cooperation with the authorities; b) to receive, on request, personally or, pursuant to an authorization in this regard, by lawyer or by the representative of the non-governmental organization legally representing him, copies of the documents in the personal file on the basis of which he is or a decision on its application is to be taken; c) to ensure, free of charge, an interpreter at any stage of the proceedings; d) to contact and be assisted by an official of the United Nations High Commissioner for Refugees (UNHCR) at any stage of the procedure; e) to be advised and assisted by a representative of non-governmental, Romanian or foreign organizations, at any stage of the procedure. ((2) In the course of the procedure for settling the application for access to a new asylum procedure, the foreigner has the following obligations: a) to submit to the competent authorities, in writing, the reasoned request; b) to present to the competent authorities complete and real information on the person and at his/her request; c) to submit all the documents available to him and which are relevant to his/her personal situation; d) to hand over the document for the passage of the state border, if it is in possession of such a document; e) to follow the stage of the procedure and to inform the General Inspectorate for Immigration of any change of residence; f) to respond to the requests of the General Inspectorate for Immigration; g) to respect the laws of the Romanian state, as well as the measures ordered by the General Inspectorate for Immigration. (3) The funds necessary to ensure the rights provided in par. ((1) lit. c) is borne by the state budget, through the budget of the Ministry of Internal Affairs. ----------- Art. 88 ^ 1 was introduced by item 76 76 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 89 Granting permission to remain on the territory of Romania (1) In case of fulfilment of the conditions laid down in 88 88 para. (1), the foreigner has the permission to remain on the territory of Romania for a period of 5 days from the date of registration of the application for granting access to a new asylum procedure. (2) Provisions of para. ((1) shall not apply when: a) the documents from the file result that the application is made improperly to prevent the removal of the foreigner from the territory of Romania; b) the foreigner submits an application for access to a new asylum procedure, after previously an application of this type was rejected as inadmissible or, if following the granting of access to a new asylum procedure, his application was rejected as evidently unfounded. ----------- Alin. ((2) of art. 89 89 has been amended by section 77 77 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (2 ^ 1) Provisions of para. (paragraph 2 shall apply only where the return decision is deemed to be without prejudice to the principle of non-refoulement. ----------- Alin. (2 ^ 1) of art. 89 89 has been introduced by section 78 78 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (3) In the cases provided in par. (2) a decision will be issued immediately by which the failure to remain on the territory of Romania is justified. This decision shall be communicated directly to the foreigner who has been informed of the date on which he must appear at the headquarters of the specialized asylum structure of the General Inspectorate for Immigration. If the foreigner does not appear on the date set, nor does he have reasons to justify his absence, the communication shall be made according to the provisions of art. 54 54 para. (2) and (3), which shall apply accordingly. ----------- Alin. ((3) of art. 89 89 has been amended by section 79 79 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (4) Against the decision provided in par. (3) a complaint can be made within two days of communication. (5) The resolution of the complaint is the jurisdiction of the court in whose territorial area the specialized structure on asylum matters of the Romanian Immigration Office that issued the judgment is located. Art. 56 56 shall apply accordingly. ------------ Alin. ((5) of art. 89 89 has been amended by section 10 10 of art. unique of EMERGENCY ORDINANCE no. 187 187 of 25 November 2008 , published in MONITORUL OFFICIAL no. 803 803 of 2 December 2008. (6) The court's decision provided in par. ((5) is irrevocable. + Article 90 Analysing the application for access to a new asylum procedure Resolution of the application for access to a new asylum procedure, submitted under the conditions of art. 88, is of the competence of the official provided in art. 48 48 para. ((2). + Article 91 Decision to resolve the application for access to a new asylum procedure (1) The decision shall be delivered within 5 days from the date of registration of the application, on the basis of the reasoned request, of the documentation submitted by the foreigner and in relation to the elements existing on his personal file. (2) The official referred to in art. 48 48 para. ((2) issue a judgment by which: a) grant access to a new asylum procedure; or b) reject the application as inadmissible. (3) The decision shall be communicated to the foreigner immediately, in writing, by direct communication by the representatives of the General Inspectorate for Immigration or by postal reference, with acknowledgement of receipt, at the last declared residence of the latter. The judgment communicated shall be accompanied by an information in writing, in Romanian and in a language which the applicant understands or is reasonably supposed to understand, of the solution of admission or rejection of his or her application and the conditions of in which the judgment may be challenged, as appropriate. (4) The decision provided in par. ((2) may be communicated, as the case may be, to the lawyer or representative of the non-governmental organization legally representing the applicant, in so far as the applicant has expressly stated this. The communication is carried out directly by the representatives of the General Inspectorate for Immigration or by postal reference, with acknowledgement of receipt, at the address indicated by the lawyer or the representative of the (5) If the communication of the decision is not possible under the conditions provided in par. (3) or (4), it is made by displaying, at the headquarters of the structure of the General Inspectorate for issuing Immigration, an information note comprising: the number of the application, the number and date of the decision, the solution on the application, the deadline for submission of the complaint and the competent court with its resolution, in the case of decisions rejecting the application, and the date of the display. The information note is displayed throughout the period of submission of the complaint, and the decision is deemed to be communicated from the date of display of the information note. (6) If the conditions laid down in art. 88 88 para. (1), an appropriate ruling shall be issued immediately. ((2) lit. b) to which an information is attached as to the fact that it does not benefit from the permission to remain on the territory of Romania. Provisions of paragraph ((3)-(5) shall apply accordingly. ----------- Article 91 has been amended by section 6.6. 80 80 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 92 Effects of the granting of access to a new asylum procedure If the foreigner receives access to a new asylum procedure, he has the rights and obligations provided for in art. 17-19. + Article 93 Remedies and remedies (1) Against the judgment by which the application for access to a new asylum procedure has been rejected as inadmissible, a complaint may be made within 10 days of the communication. (2) The resolution of the complaint is the jurisdiction of the court in whose territorial area the specialized structure on asylum matters of the Romanian Immigration Office that issued the judgment is located. Art. 56 56 shall apply accordingly. ------------ Alin. ((2) of art. 93 93 has been amended by section 11 11 of art. unique of EMERGENCY ORDINANCE no. 187 187 of 25 November 2008 , published in MONITORUL OFFICIAL no. 803 803 of 2 December 2008. (3) The exercise of the appeal against the decision of the Romanian Immigration Office does not attract the permission to remain on the territory of Romania. ----------- Alin. ((3) of art. 93 93 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (4) In case of filing the complaint, the foreigner may ask to be granted permission to remain on the territory of Romania. The request for granting permission to remain on the territory of the Romanian state shall be settled as a matter of urgency by the competent court, which shall rule in the council chamber, with the citation of the parties, by a final conclusion. ----------- Alin. ((4) of art. 93 93 has been amended by section 81 81 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (5) The Stranger shall have the right to remain on the territory of Romania until the court has ruled on the application provided in par. ((4). (6) The permission to remain on the territory of Romania is granted until the moment of the court's ruling on the complaint. ((7) Provisions of para. ((4)-(6) are not applicable in the case of the complaint made against the decision issued according to art. 91 91 para. ((6). ----------- Alin. ((7) of art. 93 93 has been introduced by section 82 82 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 94 Resolution of complaint (1) The court shall settle the complaint, without hearing the foreigner, within 30 days, and shall pronounce a reasoned judgment, whereby: a) reject the complaint; or b) admits the complaint, grants access to a new asylum procedure and has the competent structure of the Romanian Immigration Office that issued the decision to consider the request in the ordinary procedure. ----------- Lit. b) a par. ((1) of art. 94 94 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (2) The court's decision provided in par. ((1) is irrevocable. + Article 94 ^ 1 Exception to the procedure for resolving the application for access to a new asylum procedure ((1) The procedure for settling the application for granting access to a new asylum procedure shall not apply if the foreigner submits a new application for international protection in Romania and if: a) is in one of the situations provided in art. 19 19 para. ((2) or (3) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast), published in the Official Journal of the European Union L series, no. 180 180 of 29 June 2013 and the previous asylum procedure has been completed by decision closing the file; or b) the application was submitted within 9 months from the issuance of the closing decision as a result of the default waiver. (2) In the case provided in par. (1) the ordinary procedure for the resolution of the application for international protection, regulated by this law, shall apply. ----------- Art. 94 ^ 1 has been amended by section 4.2. 83 83 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Section 6 Safe third country procedure Procedure of the first country of asylum, safe European third country and safe third country ----------- Section 6, Chapter V, has been amended by section 6. 84 84 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 95 First country of asylum ((. Where the foreigner has previously transited through a third country where he has been granted protection, it shall be considered the first country of asylum on the basis of the following criteria: a) life and freedom are not threatened for reasons of race, religion, citizenship, membership of a social group or political opinions; b) there is no serious risk for the purposes of this law; c) the principle of non-refoulement in accordance with the Geneva Convention is respected; d) the prohibition of expulsion in a state where the foreigner may be tortured or subjected to cruel, inhuman or degrading treatment is respected; e) protection granted subsistence. (2) In the situation referred to in par. ((1), if an individual analysis is found to be satisfied that the criteria on the basis of which a country can be considered the first country of asylum and if the foreigner is readmitted by that country, the General Inspectorate for Immigration may reject that inadmissible the application for asylum, by reasoned decision. ----------- Article 95 has been amended by section 6.6. 85 85 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 96 Safe European third country (1) A European country which is not a Member State of the European Union and which meets the following criteria shall be considered as a European safe third country: a) ratified and complies with the provisions of the Geneva Convention without any geographical limitations; b) has an asylum procedure provided for by national law; c) has ratified the European Convention and complies with its provisions, including standards on effective remedies. (2) If the foreigner tried to enter or entered Romania illegally coming from a safe European third country and this country expressed its agreement on its reception, the General Inspectorate for Immigration, based on an analysis individual, reject as inadmissible the application for asylum, by reasoned decision. ----------- Article 96 has been amended by section 6.6. 86 86 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 97 Safe third country (1) It is considered a safe third country a country with respect to which there are sufficient guarantees that in its territory the respect of the rights of an applicant for international protection is carried out in accordance with the following a) life and freedom are not threatened for reasons of race, religion, citizenship, membership of a social group or political opinions; b) there is no serious risk for the purposes of this law; c) the principle of non-refoulement in accordance with the Geneva Convention is respected; d) the prohibition of expulsion in a state where the foreigner could be subjected to torture or to which cruel, inhuman or degrading treatment should be applied; e) there is a possibility to seek recognition of refugee status and, if that status is granted, to benefit from protection under the Geneva Convention. (2) The General Inspectorate for Immigration rejects as inadmissible the application for asylum, by reasoned decision, when on the basis of an individual analysis it finds that: a) the principles set out in par. (1) are respected by the third country; and b) the third country has expressed its consent to the reception of the foreigner on its territory; and c) there is a link between the applicant for international protection and the third country, and on the basis of that link it can be reasonably assessed that the country is safe in relation to its personal situation. ----------- Article 97 has been amended by section 6.6. 87 87 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 97 ^ 1 Procedure of the first country of asylum, safe European third country and safe third country (1) The applicant shall be given the opportunity to present, in an interview, the personal situation in order to determine whether in his case the provisions of art. 95 95 para. ((2), art. 96 96 para. ((2) and art. 97 97 para. ((2). (2) The decision provided in art. 95 95 para. ((2), art. 96 96 para. ((2) and art. 97 97 para. (2) shall be issued without analysing the applicant's application on the merits and shall be communicated under the conditions of (3) Against the decision provided in art. 95 95 para. ((2), art. 96 96 para. ((2) and art. 97 97 para. (2) the applicant may lodge a complaint, the provisions of 80 80-81 applying properly. (4) After communication of the decision provided in art. 96 96 para. ((2) and art. 97 97 para. ((2), the General Inspectorate for Immigration informs the authorities of the safe European third country or, as the case may be, of the safe third country, in the language of that country, of the fact that the applicant's request was not examined in substance. (5) When it finds that the conditions laid down in art. 95, 96 or, as appropriate, art. 97, the General Inspectorate for Immigration grants access to the asylum procedure, based on a reasoned decision, and analyzes the application for asylum in accordance with the procedures provided for in this law. ----------- Art. 97 ^ 1 was introduced by item 88 88 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 97 ^ 2 List of safe European third countries and safe third countries The list of safe European third countries and safe third countries is on the proposal of the General Inspectorate for Immigration, based on the criteria provided for in art. 96 96 para. ((1), respectively with the consideration of the degree of compliance with the principles provided in art. 97 97 para. ((1). The list is approved by order of the Minister of Internal Affairs, which is published in the Official Gazette of Romania, Part I. ----------- Article 97 ^ 2 has been introduced by item 88 88 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 97 ^ 3 Transfers under the procedure of the first country of asylum, the safe European third country and the safe third country ((1) The transfers of persons subject to the procedure provided for in this section shall be carried out in accordance with the conventions and agreements to which Romania is a party, and the coordination at national level of the implementation of transfers Ministry of Internal Affairs, through the General Inspectorate for Immigration. (2) Pursuant to the judgment provided for in art. 95 95 para. ((2), art. 96 96 para. ((2) and art. 97 97 para. (2), the General Inspectorate for Immigration shall implement the transfer measure to the first country of asylum, the safe European country or the safe third country. (3) In order to achieve the transfer according to para. (2), the removal of the foreigner from the territory is under escort, under the conditions Government Emergency Ordinance no. 194/2002 , republished, with subsequent amendments and completions. (4) For the transfer of persons to the first country of asylum, the safe European country or the safe third country, the General Inspectorate for Immigration releases laissez-passer, to which the conventions or directly applicable acts of the European Union refer. ((5) The amounts necessary to cover the expenses incurred by the internal and international transport of the transferred persons, the security and their escorting during transport, the release of laissez-passer for the crossing of the borders external, under the conditions provided by the conventions and agreements to which Romania is part, shall be borne from the budget of the Ministry of Internal Affairs, through the General Inspectorate for Immigration, depending on the actual costs, within the limits of the funds allocated this destination from the state budget. ----------- Article 97 ^ 3 has been introduced by item 88 88 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Chapter VI Procedure of termination or cancellation of the form of protection + Article 98 Cessation of refugee status (1) The refugee status recognized pursuant to art. 23 23 or 24 shall cease when its beneficiary: a) has voluntarily returned under the protection of the country whose nationality it has; or b) after having lost his/her nationality, he voluntarily reacquired it; or c) has acquired a new citizenship and enjoys the protection of the state whose citizenship has acquired; or d) he voluntarily re-established himself in the country he left or outside of which he stayed as a result of the reasons why he was recognized as a refugee; or e) can no longer continue to refuse the protection of the country whose citizenship it has, due to the fact that the circumstances following which the refugee status was recognized have ceased to exist, and cannot invoke, to motivate this refusal, compelling reasons why refers to previous persecutions; f) being a person without citizenship, is able to return to the country where he was habitually resident, no longer being the circumstances as a result of which he was recognized as a refugee. g) expressly waives, in writing, the refugee status recognized by the Romanian state. ----------- Lit. g) a par. ((1) of art. 98 98 was introduced by section 4.2. 89 89 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (2) Provisions of para. ((1) lit. e) does not apply to the person who has been recognized as a refugee and who, for compelling reasons referring to previous persecutions, refuses the protection of the country whose nationality he has. (3) The provisions of par. ((1) lit. f) does not apply to the person who has been recognized as a refugee and who, for compelling reasons referring to previous persecutions, refuses to return to the country where he habitually resided. (4) The beneficiary of the refugee status who is in the situation referred to in par. ((1) lit. g) is informed, in a language which he understands or is reasonably supposed to understand, of the consequences of the waiver. ----------- Alin. ((4) of art. 98 98 has been introduced by section 90 90 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 99 Termination of subsidiary protection (1) subsidiary protection granted pursuant to art. 26 or 27 shall cease where the circumstances leading to it have ceased to exist or have changed to such an extent that this form of protection is no longer necessary, as well as when the beneficiary gives up the express, in writing, the subsidiary protection granted by the Romanian state. ----------- Alin. ((1) of art. 99 99 has been amended by section 91 91 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (2) Provisions of para. (1) does not apply to the foreign citizen or stateless person who has been granted subsidiary protection and who may invoke compelling reasons resulting from previous persecution to refuse the protection of the country whose nationality has or, as the case may be, the country in who was habitually resident. (3) The beneficiary of subsidiary protection who expressly waives this form of protection, according to par. ((1), shall be informed, in a language which he understands or is reasonably supposed to understand, of the consequences of the waiver. ----------- Alin. ((3) of art. 99 99 has been introduced by section 92 92 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. ----------- Article 99 has been amended by section 6.6. 31 31 of art. I of ORDINANCE no. 1 1 of 22 January 2014 , published in MONITORUL OFFICIAL no. 63 63 of 24 January 2014. + Article 100 Cancellation of refugee status Refugee status shall be cancelled in the following situations: a) the person who was recognized refugee status gave false statements, failed to submit certain data or used false documents, which were decisive for the recognition of the form of protection, and there are no other reasons to rule. to maintain refugee status; b) after the granting of the protection form it was discovered that the foreigner is in one of the situations provided in art. 25. + Article 101 Cancellation of subsidiary protection Subsidiary protection shall be cancelled in the following situations: a) if, after the granting of subsidiary protection, it was discovered that the foreigner is in one of the situations provided in art. 28 28; b) when the person who was granted subsidiary protection gave false statements, failed to submit certain data or used false documents, which were decisive for the granting of the form of protection, and there are no other reasons to lead to the maintenance of subsidiary protection. + Article 102 Triggering the termination or cancellation procedure (1) The procedure for termination or cancellation of international protection shall be triggered by the General Inspectorate for Immigration ex officio or at the proposal of one of the institutions with attributions in the field of national security or public order, when new elements or data appear that indicate the existence of reasons for the reanalysis of the situation of persons benefiting from international protection within the meaning of this Law. ((2) If the procedure for termination or cancellation of international protection is triggered at the proposal of one of the institutions with attributions in the field of national security or public order, the General Inspectorate for Immigration inform that institution of the finality of the procedure. ----------- Article 102 has been amended by section 4.2. 93 93 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 103 Reconsidering the situation of persons who have received a form of protection (1) The official referred to in art. 48 48 para. (2), in charge of the case, shall inform the beneficiary of international protection in writing of: a) the initiation of the cessation procedure or, as the case may be, the cancellation of the international protection granted by the Romanian state, as well as the reasons that determined the b) the rights and obligations it has during this procedure; c) the possibility to present, in a personal interview or by a written declaration, the reasons why its international protection should be maintained. ----------- Alin. ((1) of art. 103 103 has been amended by section 94 94 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (2) During the termination procedure or, as the case may be, the cancellation of international protection granted by the Romanian state, the foreigner who benefited from such protection has the following rights and obligations: a) the right to be assisted by a lawyer; b) the right to be provided, free of charge, an interpreter; c) the right to contact and to be assisted by an official of the United Nations High Commissioner for Refugees (UNHCR); d) the right to be counseled and assisted by a representative of non-governmental, Romanian or foreign organizations; e) the right to provide, on request, legal and procedural information, including information on the procedure in the administrative phase, under the law on civil judicial aid in civil matters, taking into account the situation personal of the stranger; f) the right to provide, upon request, information to clarify the grounds for a decision to terminate or, where appropriate, to annul international protection in the administrative phase and to explain how such a judgment may be appealed, under the law on civil judicial aid in civil matters; g) the obligation to present to the competent authorities complete and real information on the personal situation; h) the obligation to submit all the documents available to him and which are relevant to his/her personal situation; i) the obligation to follow the stage of the procedure and to inform the General Inspectorate for Immigration about the change of residence, no later than 5 days after the situation; j) the obligation to respond to the requests of the bodies responsible for asylum. ----------- Alin. ((2) of art. 103 103 has been amended by section 94 94 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (3) The conduct of the interview will not be necessary in the case of the beneficiary of the protection form in the situation provided for in 98 98 para. ((1) lit. c), if he has acquired Romanian citizenship. (4) If the beneficiary of the protection form does not appear for the interview, the official will settle the case on the basis of the documents existing on the personal file. ((5) Reanalysis of the case will be carried out in the ordinary or accelerated procedure. The official referred to in art. 48 48 para. (2) will decide on the reanalysis of the case in the accelerated procedure, in compliance with the conditions provided in art. 75. (6) The General Inspectorate for Immigration grants, upon request, the United Nations High Commissioner for Refugees (UNHCR) access to information on the conduct of the reanalysis of the situation of beneficiaries of international protection and the decisions issued, if the foreigner has agreed to do so. In the performance of his supervisory mission that he confers to art. 35 of the Geneva Convention, the United Nations High Commissioner for Refugees (UNHCR) has the right to present its views to the competent authorities, on the procedure for reconsidering the situation of beneficiaries of protection international, at any stage of this procedure. ----------- Alin. ((6) of art. 103 103 has been introduced by section 95 95 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 104 Decision to terminate or cancel a form of protection (1) Following the analysis of the elements existing on the file and, as the case may be, the reasons invoked during the interview, the official provided in art. 48 48 para. ((2) shall issue a reasoned judgment by which: a) maintain the form of protection granted; or b) ascertains the termination of the protection c) has the cancellation of the protective form (2) The finding of termination or the disposition of the cancellation of the protective form does not take effect on the family members of the person on which the decision provided in par. ((1). (3) Depending on the reasons for the decision to terminate or cancel the form of protection, the designated official provided for in art. 48 48 para. ((2) may, where appropriate, mention the obligation to leave the territory. (4) When the decision referred to in par. (3) includes the mention of the obligation to leave the territory of Romania, pursuant to it, the Romanian Immigration Office will issue and implement the return decision. -------------- Alin. ((4) of art. 104 104 has been amended by section 3 3 of art. unique from LAW no. 347 347 of 3 December 2007 , published in MONITORUL OFFICIAL no. 851 851 of 12 December 2007. + Article 105 Remedies and remedies Against the decisions provided in art. 104 104 para. ((1) lit. b) and c) the foreigner may complain under the conditions provided by this law. + Article 106 Status of the person in case of termination or cancellation of the protective form (1) If it remains on the territory of Romania after the completion of the termination procedure or, as the case may be, the cancellation of the protection form, the person on whom the termination was found or ordered the cancellation of the protection form granted shall be subject to legal provisions regarding the legal regime of foreigners in Romania. (2) The legal regime provided in par. ((1) shall not apply to persons whose form of protection has ceased as a result of the acquisition of Romanian citizenship. + Chapter VII Procedure for the transfer of responsibility for refugee status + Article 107 Competence of the European Agreement on the Transfer of Responsibility on Refugees The Ministry of Internal Affairs, through the Romanian Immigration Office, is the authority empowered with the implementation of the provisions of the European Agreement on the transfer of responsibility for refugees, adopted in Strasbourg on 16 October 1980, hereinafter referred to as the European Agreement, Law no. 88/2000 for the ratification of the European Agreement on the Transfer of Responsibility on Refugees, adopted in Strasbourg on 16 October 1980. ----------- Article 107 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 108 Triggering procedure The procedure for the transfer of responsibility for refugee status shall be initiated by the Romanian Immigration Office in the following situations: ----------- The introductory part of art. 108 108 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". a) from the moment of his complaint, by a written request, by the foreigner or stateless person who is on the territory of Romania and whose refugee status was recognized in a signatory state of the European Agreement; b) ex officio, from the moment when the conditions for taking over the responsibility of the refugee status recognized in Romania by a signatory state of the European Agreement are found; c) from the moment of its referral by a signatory state of the European Agreement on the taking over of the responsibility of refugee status by Romania. + Article 109 Submission of the application for approval of the responsibility (1) The application for approval of the transfer of responsibility provided for in art. 108 lit. a) is submitted personally to the specialized asylum structure of the Romanian Immigration Office, presenting in writing the reasons for the approval of the transfer of responsibility on refugee status, as well as proof that it was recognised refugee status in a signatory State of the European Agreement. ------------- Alin. ((1) of art. 109 109 has been modified by the subsection. 12 12, point I al art. 6 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of June 26, 2007, by replacing the phrase "National Office for Refugees or, as the case may be, its territorial structures" with the phrase "specialized structure on asylum matters of the Romanian Immigration Office." (2) The final judgment on the granting of refugee status, as well as the travel document issued to refugees in accordance with the provisions of the Geneva Convention, issued by the authorities of a signatory State of the European Agreement, constitutes proof of recognition of refugee status. (3) If the documents referred to in par. (2) additional checks will be carried out. + Article 110 Judgment on the transfer of responsibility (1) The official of the Romanian Office for Immigration specifically designated pursuant to art. 48 48 para. ((2) analyse the application in accordance with the provisions of the European Agreement and within 30 days of the receipt of the request, shall: ----------- The introductory part of para. ((1) of art. 110 110 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". a) the admission of the application for b) the rejection of the application for the (2) Against the decision rejecting the application for the transfer of responsibility on the refugee status the foreigner may file a complaint within 10 days of the communication of the decision. (3) In case of admission of the application for the transfer of responsibility, the Romanian Immigration Office will inform the authorities of the signatory state of the European Agreement that the transfer of responsibility on refugee status has taken place ----------- Alin. ((3) of art. 110 110 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 111 The remedy (1) The resolution of the complaint is the jurisdiction of the court in whose territorial area the specialized structure on asylum matters of the Romanian Immigration Office that issued the judgment is located. Art. 56 56 shall apply accordingly. ------------- Alin. ((1) of art. 111 111 has been amended by section 13 13 of art. unique of EMERGENCY ORDINANCE no. 187 187 of 25 November 2008 , published in MONITORUL OFFICIAL no. 803 803 of 2 December 2008. (2) The court referred to in paragraph ((1) consider the complaint and, within 30 days of the registration of the case pending, pronounce a reasoned judgment by which: a) admits the complaint and approves the transfer of responsibility to refugee status; or b) rejects the complaint. (3) The judgment of the court is final and irrevocable. + Article 112 Effects of the judgment on the finding of (1) In case of admission of the request for transfer of responsibility, the foreigner shall have the rights and obligations provided in art. 20 20 and 21. ((1 ^ 1) In the case of admission of the application for the transfer of responsibility for a foreigner who has a long-term residence permit issued by another Member State, the General Inspectorate for Immigration requests this Member State to amend accordingly the entry for international protection. -------- Alin. ((1 ^ 1) of art. 112 112 has been introduced by section 4 4 of art. II of LAW no. 376 376 of 19 December 2013 , published in MONITORUL OFFICIAL no. 826 826 of 23 December 2013. (2) In case of rejection of the application for the transfer of responsibility, the foreigner shall continue to apply the legal provisions regarding the legal regime of foreigners in Romania. + Article 113 Transfer of responsibility in the case of recognized refugees in Romania (1) In the situations provided in art. 108 lit. b), the official designated pursuant to art. 48 48 para. (2) issue ex officio a decision finding that the conditions regarding the transfer of responsibility provided for by the European Agreement and the termination of the responsibility of the Romanian state on the refugee status recognized by the Novels. (2) The decision provided in par. ((1) shall be issued within 30 days of the date on which the conditions for the transfer of responsibility to a signatory State of the European Agreement are found to be fulfilled. (3) Within 20 days from the date of issue of the decision provided in par. (1), the Romanian Immigration Office will inform the authorities of the signatory state of the European Agreement that the responsibility of the Romanian state on refugee status has ceased. ----------- Alin. ((3) of art. 113 113 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 114 Requests for readmission on recognised refugees in Romania (1) In order to determine Romania's responsibility to return to its territory a recognized refugee, as a result of requests for readmission addressed to the Romanian state based on the provisions of the European Agreement, the Romanian Immigration Office will be able to Calls on the authorities of the signatory State of the European Agreement which made the request for readmission of additional information on the refugee for whom readmission was requested. ----------- Alin. ((1) of art. 114 114 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (2) If it is found that the responsibility for refugee status lies with the Romanian state under the provisions of the European Agreement, the Romanian Immigration Office will inform the requesting state authorities that the refugee will be readmitted to . ----------- Alin. ((2) of art. 114 114 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (3) If it is found that the responsibility for refugee status does not lie with the Romanian state according to the provisions of the European Agreement, the Romanian Immigration Office will inform the requesting state authorities that the refugee will not be readmitted on Romanian territory. In the latter case the Romanian Immigration Office will issue a decision, in accordance with the provisions of art. 108 lit. b) and art. 113 113 para. ((1). ----------- Alin. ((3) of art. 114 114 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Chapter VIII Procedure of the Member State + Section 1 General provisions on the Member State responsible + Article 115 Pre-eminence of directly applicable acts ((1) As of the date of entry into force of the Treaty of Accession to the European Union, Romania will apply the provisions of the conventions or directly applicable acts of the European Union, which establish the criteria and mechanisms for determining the member responsible for examining an application for asylum lodged in one of the Member States by a third country national. ((2) Starting with the same date, Romania will apply the provisions of the directly applicable acts of the European Union, regarding the establishment of the EURODAC system, for the comparison of fingerprints, in order to effectively implement conventions or acts mentioned in par. ((1). The competences and powers of the institutions involved in the implementation of the EURODAC system will be established by order of the Minister + Article 116 Access to the asylum procedure (1) An asylum seeker shall be denied access to the asylum procedure in Romania if another Member State is responsible for examining the application for international protection, in accordance with the provisions of the Dublin Regulation. (. Where no other Member State may or may no longer be held responsible, the time limit for the application for international protection shall resume, according to art. 120 120 para. ((2) lit. b). ((3) If, after the issuance of a decision by the General Inspectorate for Immigration or the delivery of a court decision by the competent court on the determination of the responsibility of another Member State, it is found failure to carry out the transfer in that Member State due to exceptional circumstances arising from systemic deficiencies in the asylum procedure and the conditions for the reception of applicants within the meaning of Article 2 (1 3 3 para. ((2) of the Dublin Regulation, the General Inspectorate for Immigration shall continue the procedure for determining the Member State responsible for determining whether another Member State may be designated responsible. (4) If following the procedure provided in par. (3) A responsible Member State, other than that for which a decision was previously issued, is determined, the General Inspectorate for Immigration issues a new decision for the implementation of art. 120 120 para. ((2) lit. a). (5) If following the procedure provided in par. (3) it is established that no other Member State may be held responsible, the deadline for the resolution of the application for international protection shall be resumed, according to art. 120 120 para. ((2) lit. b). ----------- Article 116 has been amended by section 6.6. 16 16 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Article 117 Coordination Authority The Ministry of Internal Affairs, through the General Inspectorate for Immigration, is designated the central authority responsible for the implementation of the Dublin Regulation and the Eurodac Regulation, in those subjects that fall within its competence. ----------- Article 117 has been amended by section 1. 17 17 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Section 2 Common provisions on the Member State responsible + Article 118 Information obligation (. After registration of the application for international protection, the designated official of the authority to which the application was registered shall communicate to the applicant, on the basis of signature, the information contained in the common information booklet prepared by the European according to art. 4 4 para. (3) of the Dublin Regulation, supplemented with additional information specific to Romania. (. If the applicant is an unaccompanied minor, the designated official of the authority to which the application was registered shall inform him, in a manner appropriate to his level of understanding, of the information contained in the special brochure of information prepared by the European Commission in accordance with 4 4 para. (3) of the Dublin Regulation, supplemented with additional information specific to Romania, the legal representative of the unaccompanied minor taking to the attention, on the basis of signature, on the performance of the information. ----------- Article 118 has been amended by section 6.6. 18 18 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Article 119 Procedure for determining the State responsible for applicants for international protection If after filing the application for international protection, but no later than making a decision in the national asylum procedure, the General Inspectorate for Immigration finds the existence of evidence or circumstantial evidence indicating the responsibility of another Member State to examine the application, under the Dublin Regulation, triggers the procedure for determining the Member State responsible. ----------- Article 119 has been amended by section 1. 19 19 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Article 120 Judgment establishing the responsible State ((1) The analysis of the requests for establishment of the responsible Member State shall lie with the officials appointed by the Director of the Romanian Immigration Office. ----------- Alin. ((1) of art. 120 120 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". ((2) Following the analysis of the evidence and circumstantial evidence on file and the response received from the requested State, as the case may be, and where the requested Member State does not communicate, within the time limits provided for in the Dublin Regulation, a response to the request for a takeover or receipt, the officials referred to in paragraph 1. ((1) may decide: a) rejection of access to the asylum procedure in Romania and the disposition of the transfer of the foreigner in the responsible Member State b) the resumption of the deadline for settling the asylum application in Romania. ----------- Alin. ((2) of art. 120 120 has been amended by section 20 20 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. (3) The decision of the Romanian Immigration Office will be motivated, in fact and in law, in accordance with the provisions of the conventions or directly applicable acts of the European Union, which establish the criteria and mechanisms for determining the State Member responsible for examining an application for asylum lodged by a third country national. ----------- Alin. ((3) of art. 120 120 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (4) The rejection judgment contains the reasons why access to the asylum procedure in Romania and the transfer provision in the Member State responsible for examining the application for asylum is rejected. (5) The rejection decision shall be communicated according to the provisions of 54 54, which shall apply accordingly. ----------- Alin. ((5) of art. 120 120 has been amended by section 20 20 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. (6) The decision of the Romanian Immigration Office is enforceable. ----------- Alin. ((6) of art. 120 120 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 121 The remedy (1) Against the decision provided in art. 120 120 para. ((2) lit. a) complaint can be made within 5 days of communication. The transfer to the responsible Member State shall be suspended until the statutory filing of the complaint expires. (2) The complaint shall be submitted, personally or by representative, under the conditions of art. 56, and is of the jurisdiction of the court in whose territorial area is the competent structure of the General Inspectorate for Immigration that issued the judgment. ((. In the event of lodging the complaint, the applicant may request the suspension of the implementation of the transfer decision. The request for suspension shall be resolved as a matter of urgency in the council chamber, with the citation of the parties, by final conclusion. (4) The application referred to in paragraph (3) suspends the implementation of the transfer decision until the court has ruled on the request for suspension. (5) In situations that could not be taken into account at the time of issue of the judgment, the officials specifically appointed pursuant to art. 120 120 para. ((1) may decide, ex officio, to suspend the transfer decision until the court has ruled on the complaint. The measure shall be communicated to the applicant, according to 54 54, which shall apply accordingly. (. The court shall settle the complaint within a maximum period of 30 days and shall make a reasoned judgment by which: a) rejects the complaint and maintains the General Inspectorate for Immigration; b) admits the complaint, annuls the transfer decision in the responsible Member State and orders the resumption of the deadline for the resolution of the application for international protection (7) The court's judgment is final (8) If the judgment of the court is upheld and the deadline for settling the application for international protection in Romania is upheld and the applicant has already been transferred to the responsible Member State, The General Inspectorate for Immigration takes the necessary steps in order to bring it back to the territory of Romania. ----------- Article 121 has been amended by section 6.6. 21 21 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Article 122 Procedure for determining the Member State responsible for illegally staying foreigners (1) The General Inspectorate for Immigration takes the necessary steps to verify that an alien found with illegal stay on the territory of Romania has previously filed an application for international protection on the territory of another Member State, with the exclusive purpose of determining the Member State responsible for analysing the application for international protection. ((2) Where, following the verification of papillary fingerprints, the foreigner has been identified in another Member State or there is circumstantial evidence or evidence leading to the determination of the responsibility of another Member State, the General Inspectorate for Immigration shall initiate the procedure provided for in the Eurodac Regulation. (3) Foreigners with illegal stay subject to the verification measures provided in par. (2) are communicated by the officials of the General Inspectorate for Immigration, under signature, the information contained in the common information brochure developed by the European Commission according to art. 4 4 para. (3) of the Dublin Regulation, information related to the procedure of fingerprinting and comparison of papillary ridges, as well as additional information specific to Romania. ((4) Following the analysis of the evidence and circumstantial evidence on file and the response received from the requested State, as the case may be, and where the requested Member State does not respond within the time limits provided for in the Dublin Regulation, specific officials designated according to art. 120 120 para. (1) may decide to transfer to the Member State responsible, by reasoned decision. (5) The decision is communicated according to the provisions of 54 54, which shall apply accordingly. (6) If the requested State does not acknowledge its responsibility or the circumstantial evidence or evidence does not indicate the responsibility of another Member State, the General Inspectorate for Immigration shall undertake the appropriate measures legal provisions regarding the legal regime of foreigners in Romania. ----------- Article 122 has been amended by section 4.2. 22 22 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Article 123 The remedy (1) Against the decision provided in art. 122 122 para. (4) a complaint can be made within 5 days of communication. The transfer to the responsible Member State shall be suspended until the statutory filing of the complaint expires. (2) The complaint shall be submitted, personally or by representative, under the conditions of art. 56, and is of the jurisdiction of the court in whose territorial area is the competent structure of the General Inspectorate for Immigration that issued the judgment. ((3) In the event of lodging the complaint, the foreigner may request the suspension of the implementation of the transfer decision. The request for suspension shall be resolved as a matter of urgency, in the council chamber, with the citation of the parties, by final conclusion. (4) The application referred to in paragraph (3) suspends the implementation of the transfer decision until the court has ruled on the request for suspension. (5) In situations which could not be taken into account at the time of issue of the judgment, the appointed officials may decide ex officio to suspend the transfer decision until the court has ruled on the complaint. (. The court shall settle the complaint within a maximum period of 30 days and shall make a reasoned judgment by which: a) rejects the complaint and maintains the General Inspectorate for Immigration; or b) admits the complaint and cancels the transfer provision in the responsible Member State (7) The court's judgment is final (8) If the judgment of the court is granted the complaint and the transfer of the transfer provision is ordered in the responsible Member State, and the foreigner has already been transferred to that State, the General Inspectorate for Immigration shall undertake the necessary steps to bring the stranger back to the territory of Romania. ----------- Article 123 has been amended by section 6.6. 23 23 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Article 124 Requests to Romania (1) In the case of requests for takeover or reception addressed to Romania, the designated officials of the Romanian Immigration Office shall examine the arguments in fact and in law presented in the application, from the perspective of the conventions or directly applicable acts of the European Union. ----------- Alin. ((1) of art. 124 124 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (2) In order to determine the responsibility of Romania to take over or to rereceive a foreigner, the designated officials shall have the right to consult and verify the information received from the requesting Member State in the databases of the Ministry Internal Affairs. (3) If the checks made indicate that Romania is responsible according to the provisions of the Dublin Regulation, the designated officials issue a decision declaring that Romania accepts responsibility, the practical details regarding the subsequent transfer being recorded in that decision which shall be communicated to the requesting Member State. ----------- Alin. ((3) of art. 124 124 has been amended by section 24 24 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. (4) If the request for takeover or reception is not sufficiently supported by evidence and circumstantial evidence indicating the responsibility of Romania, the designated officials shall issue a decision of non-acceptance of the responsibility of analysis of the application for international protection. ----------- Alin. ((4) of art. 124 124 has been amended by section 24 24 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. (5) The decision referred to in paragraph ((3) and (4) shall be communicated to the requesting Member State within the time limits laid down in the applicable legal acts of the European Union ----------- Alin. ((5) of art. 124 124 has been amended by section 24 24 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. ((6) Where a request for review by the requesting Member State is received after its analysis, the appointed officials shall issue a new decision. ----------- Alin. ((6) of art. 124 124 has been introduced by section 25 25 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Article 125 Transfers ((1) The transfers of persons subject to the procedure provided for in this chapter will be made in accordance with the conventions or directly applicable acts of the European Union, and the coordination at national level of the implementation of transfers returns to the Ministry of Internal Affairs, through the Romanian Immigration Office. ----------- Alin. ((1) of art. 125 125 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (2) Pursuant to the judgment provided for in art. 120 120 para. ((2) lit. a), art. 122 122 para. ((4) and the decision provided for in art. 124 124 para. (3), the General Inspectorate for Immigration shall execute the measure of transfer to and from the Member State responsible. ----------- Alin. ((2) of art. 125 125 has been amended by section 26 26 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. ((2 ^ 1) In order to carry out the transfer in the responsible Member State, the removal of the foreigner from the territory may be made voluntarily, controlled by driving at the border crossing point or with escort to the country of destination. Removal under escort is done under the conditions Government Emergency Ordinance no. 194/2002 , republished, with subsequent amendments and completions. ----------- Alin. (2 ^ 1) of art. 125 125 has been amended by section 96 96 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. (3) For the transfer of persons to the responsible Member State, the Romanian Immigration Office shall issue laissez-passer, to which the conventions or directly applicable acts of the European Union refer. ----------- Alin. ((3) of art. 125 125 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". ((4) The amounts necessary to cover the expenses incurred by the internal and international transport of the transferred persons, the security and their escorting during transport, the release of laissez-passer for the crossing of the borders external, under the conditions provided by the conventions or directly applicable acts of the European Union, shall be borne from the budget of the Ministry of Internal Affairs, through the Romanian Immigration Office, depending on the actual costs, within the limits of the funds allocated with this destination from the state budget. ----------- Alin. ((4) of art. 125 125 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 126 Electronic transmission means-DubliNet (1) The officials specifically designated with the analysis of the cases subject to the procedure for determining the Member State responsible will be entitled to use the electronic means of transmission, called DubliNet, to which the conventions referred to or directly applicable Union acts. ((2) The authority responsible for the processing of the data received, the transmission of data, the issuance of receipt certificates for each data transmission and the assurance of the uninterrupted operation of the secure electronic transmission means, called DubliNet, it's the Romanian Immigration Office. ----------- Alin. ((2) of art. 126 126 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (3) The Ministry of Internal Affairs, through the Romanian Immigration Office, will support from the state budget the necessary amounts, in order to ensure the uninterrupted operation of safe electronic means of transmission, administration and maintenance the DubliNet system and the renewal of digital certificates, for the use of the electronic signature by the designated officials and the system administrator. ----------- Alin. ((3) of art. 126 126 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Section 3 Rights and obligations of persons during the procedure for determining the Member State responsible + Article 127 Rights and obligations of applicants for international protection The rights and obligations of applicants for an international protection form subject to the procedure for determining the Member State responsible shall be those laid down in Article 2. 17-19, until the date of actual implementation of the transfer in the Member State responsible, in so far as this law does not have otherwise. ----------- Article 127 has been amended by section 4.2. 27 27 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Article 128 Rights and obligations of foreign nationals The rights and obligations of foreign nationals subject to the procedure provided for by the conventions or directly applicable acts of the European Union are those provided for in the law on the legal regime of foreigners on the territory of Romania, throughout the procedure for determining the Member State responsible, provided for in art. 122 122 and 123. + Article 129 Protection against return Against foreigners subject to the procedure for determining the Member State responsible in accordance with art. 122, during the period of the procedure, no expulsion or forced return measures can be taken from the territory of Romania. ----------- Article 129 has been amended by section 6.6. 28 28 of art. I of ORDINANCE no. 22 22 of 26 August 2014 , published in MONITORUL OFFICIAL no. 636 636 of 29 August 2014. + Article 129 ^ 1 Repealed. ----------- Article 129 ^ 1 was repealed by point (a). 97 97 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 129 ^ 2 Repealed. ----------- Article 129 ^ 2 was repealed by point (a). 97 97 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 129 ^ 3 Repealed. ----------- Article 129 ^ 3 was repealed by point (a). 97 97 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 129 ^ 4 Repealed. ----------- Article 129 ^ 4 was repealed by point (a). 97 97 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Chapter IX Temporary protection + Article 130 Temporary protection duration (1) Without prejudice to the provisions of art. 132, the duration of temporary protection is one year. If it does not cease within the meaning of art. 132 lit. b), temporary protection can be automatically extended for periods of 6 months, for a maximum of one year. (2) Where the reasons for temporary protection persist, the Romanian Government, on the proposal of the Romanian Immigration Office, can send the European Commission a proposal to the Council of the European Union to extend the temporary protection until one year. ----------- Alin. ((2) of art. 130 130 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 131 Granting temporary protection (1) The existence of a massive flow of displaced persons is established by a decision of the Council of the European Union. (2) Romania can propose to the Council of the European Union the issuance of a decision to find out the existence of a massive flow of displaced persons. The proposal will include a description of the specific groups of persons to whom temporary protection will apply, the date on which temporary protection takes effect and an estimate of the scale of movements of displaced persons. (3) Foreigners who have been granted temporary protection will benefit from this form of protection from the date laid down in the decision of the Council of the European Union. (4) If temporary protection is granted by the decision of the Council of the European Union, the Romanian Government, on the proposal of the Romanian Immigration Office, shall issue a decision in which the concrete conditions of insurance of protection will be provided temporary persons displaced on the territory of the Romanian state, as well as the source of financing of expenses determined by the temporary protection. ----------- Alin. ((4) of art. 131 131 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 132 Temporary protection termination Temporary protection ends: a) when the maximum duration is reached; or b) at any time, by a decision of the Council of the European Union, adopted in this regard. + Article 133 Rights of temporary protection beneficiaries (. For the duration of temporary protection the beneficiaries of this protection shall enjoy the following rights: a) to be issued a document granting them permission to remain on the territory of Romania; b) to be informed, in writing, in a language that they are supposed to understand, regarding the provisions relating to temporary protection; c) to be engaged in the work of natural or legal persons, to carry out independent activities, respecting the rules applicable to the profession, as well as activities such as educational opportunities for adults, vocational training and practical experience working, under the law; d) to benefit, on request, from the necessary assistance for maintenance, in a situation where they do not have the necessary material means; e) the right to receive free primary health care and appropriate treatment, emergency hospital care, as well as medical assistance and free treatment in cases of acute or chronic illness that put his life in imminent danger, through the national emergency care and qualified first aid system. These services shall be ensured, as the case may be, by the medical service of the accommodation centers or/and by other health facilities accredited and authorized according to the law; ----------- Lit. e) a par. ((1) of art. 133 133 has been modified by the subsection. 11 11, point I al art. 6 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 424 of 26 June 2007. f) the right of beneficiaries of temporary protection with special needs to receive adequate medical assistance; g) the right to have access to the state education system under the conditions provided by law for Romanian citizens, in the case of beneficiaries of temporary protection who have not reached the age of 18. (2) The amounts granted for food, accommodation, medical assistance, the rights provided in par. ((1) lit. f), as well as other expenses are established by Government decision, which will be issued under the conditions of art. 131 131 para. (4), and provided from the state budget, through the budget of the Ministry of Internal Affairs, and/or from European Union funds. (3) Where necessary, persons to be admitted on the territory of Romania for the purpose of temporary protection will benefit from any facility for obtaining the necessary visa, including the transit visa. In this regard, the Romanian Immigration Office will ask the Ministry of Foreign Affairs to issue the entry visa as soon as possible, due to the urgency of the situation. The visa must be free or its cost must be reduced to a minimum. ----------- Alin. ((3) of art. 133 133 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (4) In the situation referred to in par. ((1) lit. c), for reasons of labour market policy, priority may be given to citizens of the European Union and to citizens of states bound by the Agreement on the European Economic Area and also to citizens of third States legally residing, who receive unemployment benefits. + Article 134 Registration The Romanian Immigration Office records the personal data of beneficiaries of temporary protection on the territory of Romania. ----------- Article 134 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 135 Family reunification (1) For the purposes of this Article, in cases where families were already formed in the country of origin and were separated due to circumstances during the massive flow, the following persons will be considered members of the beneficiary's family temporary protection: a) wife/husband; b) the unmarried minor of the beneficiary or his spouse, without distinguishing whether he is born of marriage or outside of marriage or adopted. ((2) In cases where the members of the separated family enjoy temporary protection in different Member States, family members shall be reunified, taking into account their wishes. (3) When one or some of the family members of the temporary protection beneficiary are not yet in Romania, the family reunification will be realized if they are found to need protection and are not in one of the cases provided to art. 141. (4) In order to establish the state in which the family reunification will take place, the Romanian Immigration Office shall cooperate with similar institutions in the responsible Member States. ----------- Alin. ((4) of art. 135 135 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (5) If the family reunification is carried out in Romania, the family members of the temporary protection beneficiary shall be issued documents granting them permission to remain on the territory of Romania. (6) If the family reunification is not carried out in Romania, at the time of the transfer of family members to the territory of the Member State for the purpose of reunification, the documents issued according to art. 133 133 para. ((1) lit. a) and ceases the obligations of the Romanian state to the persons concerned in terms of temporary protection. (7) In order to apply the provisions of this Article, the Romanian Immigration Office may cooperate with the international organizations concerned. ----------- Alin. ((7) of art. 135 135 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (8) The Romanian Immigration Office, at the request of similar institutions in other Member States, shall provide information on a beneficiary of temporary protection, where the information is necessary for the application of the provisions of the present Article. ----------- Alin. ((8) of art. 135 135 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 136 Unaccompanied minors, beneficiaries of temporary protection (1) In the case of unaccompanied minors who enjoy temporary protection, the Romanian Immigration Office will ask the competent authorities to appoint a legal representative as soon as possible. ----------- Alin. ((1) of art. 136 136 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (. During temporary protection the unaccompanied minor may be accommodated: a) with adult relatives; b) with a host family; c) in reception centers with special facilities for minors or in other forms of accommodation suitable for minors; d) with the person who took care of the child when he left the country of origin. (3) In order to apply the provisions of paragraph (2) the consent of the adult person or persons concerned is required. The minor's opinion is taken into account, depending on his age and maturity. + Article 137 Application for asylum ((1) Beneficiaries of temporary protection may lodge an application for asylum at any time. ((2) The examination of any unresolved asylum application before the expiry of the duration of the temporary protection will be terminated at the end of that period. (3) Temporary protection shall not be granted concurrently with the status of an asylum seeker while the requests are under consideration. (4) If, following the settlement of the asylum application, no refugee status is granted and no subsidiary protection to a person eligible for temporary protection, it will benefit or, as the case may be, continue to benefit from temporary protection until the expiry of the period for which this form of protection has been granted. (5) Provisions of para. ((4) shall apply without prejudice to the provisions of art. 141. + Article 138 Voluntary repatriation (1) Persons who benefit or who have received temporary protection and who request the return are supported in this regard by the Romanian state authorities. The return of these people is carried out in conditions that respect human dignity. The persons requesting the return shall be informed of the consequences of this request. (2) As long as the duration of the temporary protection has not expired and on the basis of the circumstances that persist in the country of origin, the beneficiaries of temporary protection who have exercised their right to voluntary repatriation may request the return to the territory of If these requests are admitted, persons who are returned to Romania will benefit from temporary protection until the expiry of the period for which the form of protection has been granted. + Article 139 European funds In order to apply the measures provided for in this chapter, at the proposal of the Romanian Immigration Office, the Ministry of Internal Affairs shall notify the Government, in order to notify the European Commission for the attraction of the for Refugees, under the conditions laid down by the relevant Community acts in this regard. ----------- Article 139 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 140 Transfer of temporary protection beneficiaries (1) During the temporary protection Romania cooperates in order to carry out the transfer of beneficiaries of temporary protection in Romania or another state, according to the provisions of The transfer of beneficiaries of temporary protection will be carried out only if the consent of the persons concerned exists. (2) Romania communicates transfer requests to other Member States and notifies the European Commission and the United Nations High Commissioner for Refugees (UNHCR). (3) In the case of transfer requests addressed to Romania by other Member States, the Romanian State shall inform the requesting Member State of the ability to receive such transfers. (4) The Romanian Immigration Office, at the request of similar institutions in other Member States, shall provide information on a beneficiary of temporary protection, where the information is necessary for the application of the provisions of the present Article. ----------- Alin. ((4) of art. 140 140 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (5) On the date of the transfer of a beneficiary of temporary protection to another Member State, the documents issued according to art. 133 133 para. ((1) lit. a) and ceases the obligations of the Romanian state to the persons concerned in terms of temporary protection. (6) If a beneficiary of temporary protection is transferred to the territory of Romania for the purpose of reunification of the family, the Romanian state will grant temporary protection to the person concerned. (7) In order to make the transfer provided in par. (5), the Romanian Immigration Office shall issue a document to the beneficiary of temporary protection, in accordance with the Community regulations. ----------- Alin. ((7) of art. 140 140 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 141 Causes of exclusion (. A foreigner shall be excluded from the granting of temporary protection if: a) there are serious reasons for considering that: ((i) committed a serious crime against peace, a crime of war or against humanity, as defined in the international instruments established to regulate such crimes; ((ii) committed a serious offence other than those referred to in point (a). ((i), outside Romania, before its entry into the Romanian state as a person enjoying temporary protection; (iii) is guilty of acts against the purposes and principles of the United Nations; b) there are thorough reasons for his consideration as a danger to the security of Romania or, being convicted by a final decision for the commission of a particularly serious crime, the foreigner represents a danger to the public order of Romania. ((2) The exclusion grounds referred to in paragraph 1. ((1) shall be based solely on the individual behaviour of the person concerned. The exclusion decisions will be based on the principle of proportionality. + Article 142 Remedies and remedies (1) Foreigners who have been excluded from the granting of temporary protection or family reunification may complain against the rejection decision issued by the Romanian Immigration Office. ----------- Alin. ((1) of art. 142 142 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (2) The decision provided in par. (1) shall be communicated immediately, in writing, to the applicant, by direct communication by the representatives of the Romanian Immigration Office or by postal reference to his last declared residence. ----------- Alin. ((2) of art. 142 142 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (3) The deadline for submission of the complaint shall be 10 days from the communication of the judgment. (4) The complaint shall be settled by the court in whose territorial area the competent structure of the Romanian Immigration Office which issued the judgment is located. ----------- Alin. ((4) of art. 142 142 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". (. The court shall rule by a reasoned judgment within 30 days. (6) The decision provided in par. ((5) is irrevocable. (7) During the settlement of the complaint, foreigners are allowed to remain on the territory of Romania. + Chapter X Transitional and final provisions + Article 143 Issuing documents Issuance of documents provided in art. 17 17 para. ((1) lit. h), art. 20 20 para. ((1) lit. a) and art. 125 125 para. (4) is the competence of the Romanian Immigration Office. ----------- Article 143 has been amended by art. 8 of EMERGENCY ORDINANCE no. 55 55 of 20 June 2007 , published in MONITORUL OFFICIAL no. 424 of 26 June 2007, by replacing the phrase "National Office for Refugees" with the phrase "Romanian Immigration Office". + Article 144 Principle of responsible Member State In the case of asylum applications lodged at a checkpoint for the crossing of the state border, the applicant shall be informed in writing by the Romanian Border Police, in a language which he understands or is reasonably supposed to be. understand, that information relating to the request and its person, including the papillary fingerprints taken, may be the subject of the exchange of information between the Member States of the European Union or other states that have agreed through a special agreement to participate in this mechanism, with the sole purpose of establishing the Member State responsible for considering a request for asylum. ----------- Article 144 has been amended by section 4.2. 98 98 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 145 Personal status (1) The personal status of the foreigner who has acquired a form of protection under the provisions of this law is governed by the law of the country of origin (2) The rights deriving from the personal status, previously acquired by the foreigner to whom a form of protection was granted under the provisions of this law, are recognized by the Romanian state, under the law. + Article 146 Granting of long-term residence rights The Ministry of Internal Affairs, through the General Inspectorate for Immigration, can approve the beneficiary of international protection, during its stay on the territory of Romania, depending on the degree of its integration in society, the granting of long-term stay, under the regulations regarding the regime of foreigners in Romania. In this regard, the foreigner is exempted from the obligation to present the travel document issued on the basis of the protection form granted. ----------- Article 146 has been amended by section 6.6. 99 99 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. + Article 147 Law enforcement in time (1) The applications submitted before the entry into force of this Law shall continue to apply to the provisions of Government Ordinance no. 102/2000 on the status and regime of refugees in Romania, republished. ((2) Abrogat. -------- Alin. ((2) of art. 147 147 has been repealed by section 6.6. 6 6 of art. I of LAW no. 18 18 of 4 March 2013 , published in MONITORUL OFFICIAL no. 122 122 of 5 March 2013. + Article 148 Replacing some names From the entry into force of this law the following terms, provided for in the legislation with incidence in the field of asylum, will be replaced as follows: a) application for refugee status with asylum application; b) applicant for refugee status with asylum seeker; c) the procedure for granting refugee status with the asylum procedure; d) conditional humanitarian protection with subsidiary protection. + Article 149 Legal situation of the rule of reference Whenever in a special law or other previous normative act reference is made to Government Ordinance no. 102/2000 on the status and regime of refugees in Romania, republished, the reference will be made to the corresponding provisions of this law. + Article 150 Development of methodological norms For the application of this law the Ministry of Internal Affairs will develop methodological norms, which will be approved by Government decision, within 90 days from the date of publication of the present law in the Official Gazette of Romania, Part I. + Article 151 Provisions applicable from the date of accession to the European Union (1) The provisions of art. 115 115-129 and art. 130-142 will take effect on the date of Romania's accession to the European Union. ((2) Abrogat. -------- Alin. ((2) of art. 151 151 has been repealed by section 6.6. 7 7 of art. I of LAW no. 18 18 of 4 March 2013 , published in MONITORUL OFFICIAL no. 122 122 of 5 March 2013. + Article 152 Entry into force (1) The present law shall enter into force 90 days from the date of publication in the Official Gazette of Romania, Part I. (2) On the date of entry into force of this Law, the Government Ordinance no. 102/2000 on the status and regime of refugees in Romania, approved with amendments Law no. 323/2001 , republished in the Official Gazette of Romania, Part I, no. 1.136 of 1 December 2004, and Government Decision no. 622/2001 for the approval of the Methodological Norms Government Ordinance no. 102/2000 on the status and regime of refugees in Romania, republished in the Official Gazette of Romania, Part I, no. 198 198 of 9 March 2005 and any other provisions to the contrary. * This law transposes: - Directive 2001 /55/EC of the Council of 20 July 2001 on minimum standards for the granting of temporary protection, in the event of a massive influx of displaced persons, and measures to promote a balance between Member States ' efforts to receive these persons and bearing the consequences of this receipt, published in the Official Journal of the European Communities, L series, no. 212 212 of 7 August 2001; - Directive 2003 /86/EC of 22 September 2003 on the right to family reunification, published in the Official Journal of the European Union, L series, no. 251 251 of 3 October 2003; --art. 2 lit. f), art. 12 12 para. ((3a) and (3b) and art. 19a para. ((1) and (2) of Directive 2003 /109/EC of the Council of 25 November 2003 on the status of third-country nationals who are long-term residents, published in the Official Journal of the European Union, Special Edition 2007, Chapter 19-"Area of freedom, security and justice", Volume 6, as amended by Directive 2011 /51/EU of the European Parliament and of the Council of 11 May 2011 amending Directive 2003 /109/EC of the Council with a view to extending its scope to beneficiaries of international protection, published in the Official Journal of the European Union, L series, no. 132 132 of 19 May 2011; - Directive 2011 /95/EU of the European Parliament and of the Council of 13 December 2011 on standards relating to the conditions to be met by third-country nationals or stateless persons in order to qualify for international protection, uniform for refugees or persons eligible for subsidiary protection and the content of the protection granted, published in the Official Journal of the European Union, L series, no. 337 337 of 20 December 2011, except art. 7 7 and art. 9 9 para. ((3); - Directive 2013 /32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast), published in the Official Journal of the European Union, L series, no. 180 180 of 29 June 2013, except art. 49 49; - Directive 2013 /33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast), published in the Official Journal of the European Union, L series, no. 180 180 of 29 June 2013, with the exception of Annex I. ----------- The entry for the transposition of the European Union rules has been amended by 100 100 of art. I of LAW no. 331 331 of 16 December 2015 , published in MONITORUL OFFICIAL no. 944 944 of 21 December 2015. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
BOGDAN OLTEANU
SENATE PRESIDENT
NICOLAE VACAROIU Bucharest, May 4, 2006. No. 122. -----------