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Law No. 354 Of 12 November 2009 Regarding The Approval Of The Government Emergency Ordinance Nr. 36/2009 Modification And Completion Of The Law On Romanian Citizenship No. 21/1991

Original Language Title:  LEGE nr. 354 din 12 noiembrie 2009 privind aprobarea Ordonanţei de urgenţă a Guvernului nr. 36/2009 pentru modificarea şi completarea Legii cetăţeniei române nr. 21/1991

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LEGE no. 354 354 of 12 November 2009 on approval Government Emergency Ordinance no. 36/2009 to amend and supplement Romanian Citizenship Law no. 21/1991
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 781 781 of 16 November 2009



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 36 36 of 15 April 2009 to amend and supplement Romanian Citizenship Law no. 21/1991 , published in the Official Gazette of Romania, Part I, no. 259 of 21 April 2009, with the following amendments and additions: 1. In Article I, point 1, paragraph 1 of Article 10 ^ 1 is amended and shall read as follows: "" Art. 10 10 ^ 1. -Persons who have acquired Romanian citizenship by birth or by adoption and who have lost it for reasons not attributable to them or this citizenship have been lifted without their will, as well as their descendants up to the third degree, upon request, may reacquire or may be granted Romanian citizenship, with the possibility of preserving foreign citizenship and establishing domicile in the country or with its maintenance abroad, if they meet the conditions provided in art. 8 8 para. 1 lit. b), c) and e). " 2. In Article I, point 2, Article 10 ^ 2 is amended and shall read as follows: "" Art. 10 10 ^ 2. -Persons provided in art. 10 ^ 1 who have their domicile or residence in Romania can submit their application for the reacquisition or granting of Romanian citizenship to the Citizenship Department of the Ministry of Justice and Citizen Freedoms, after obtaining the right of residence, according to the law. " 3. In Article I, after point 2, two new points are inserted, points 2 ^ 1 and 2 ^ 2, with the following contents: "" 2 ^ 1. In Article 12, paragraph 2 is amended and shall read as follows: " In the case of applications for the reacquisition of Romanian citizenship or granting, based on the provisions of art. 10 10 para. 1 1 and art. 10 ^ 1, they can also be submitted to diplomatic missions or consular offices of Romania. If the applications have been submitted to the diplomatic missions or consular offices of Romania, they will be submitted immediately to the Commission for citizenship of the Ministry of Justice and Citizens ' Freedoms, the Citizenship Directorate. " 2 2 ^ 2. Article 12 (3) shall be repealed. '; 4. In Article I, point 3, paragraph 3 of Article 13 shall be amended and shall read as follows: " The commission has permanent activity, consists of a president and 15 members, legal specialist personnel assimilated to magistrates of the Ministry of Justice and Citizens ' Freedoms, appointed by order of the Minister of Justice and citizens ' freedoms. The work of the Commission is not public, it is carried out in the presence of at least 3 members and is chaired by the president, and in its absence, by a member designated by him. " 5. In Article I, after point 4, three new points are inserted, paragraphs 5, 6 and 7, with the following contents: "" Five. Article 18 is amended and shall read as follows: "" Art. 18. -The Minister of Justice and Civil Liberties, ascertaining the conditions provided for by this Law, shall immediately issue the order granting or reacquiring the Romanian citizenship, as the case may be. The order granting or reacquiring the Romanian citizenship shall be communicated to the applicant, by registered letter with acknowledgement of receipt, immediately, from the date of issue of the order. If it finds the non-fulfilment of the conditions provided by law, the Minister of Justice and Citizens ' Freedoms rejects, by order, the application for granting or regaining citizenship. The order of the Minister of Justice and the citizens ' freedoms for granting or reacquiring the Romanian citizenship, respectively the order rejecting the application for granting or reacquiring the Romanian citizenship shall be communicated immediately to the applicant, by letter recommended with acknowledgement of receipt. The order rejecting the application for granting or regaining the Romanian citizenship can be appealed, within 15 days from the date of communication, to the Bucharest Court of Appeal, the Administrative Litigation Section. be subjected to the appeal to the administrative section of the High Court of Cassation and Justice. " 6. In Article 19, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 19. -Romanian citizenship is granted or reacquired at the time of the swearing-in of the faith. Within 3 months from the date of communication of the order of the Minister of Justice and citizens ' freedoms to grant or regain Romanian citizenship, persons who have been granted or reacquired Romanian citizenship will take the oath of allegiance towards Romania. " 7. In Article 30, paragraphs 5, 6 and 7 shall be amended and shall read as follows: " The order of the Minister of Justice and citizens ' freedoms of approval or, as the case may be, to reject the request for waiver of Romanian citizenship shall be communicated to the applicant, by registered letter with acknowledgement The order to reject the request for waiver of Romanian citizenship can be appealed, within 15 days from the date of communication, to the Bucharest Court of Appeal. The judgment of the appellate court is final and is subject to appeal to the Administrative Litigation Section of the High Court of Cassation and Justice. The loss of Romanian citizenship by renunciation takes place on the date of issue of the certificate of waiver of Romanian citizenship. "" 6. Article II is amended and shall read as follows: "" Art. II. --Applications made under the provisions art. 10 ^ 1 of the Romanian Citizenship Law no. 21/1991 , republished, with subsequent amendments and completions, and registered with the Directorate of Citizenship prior to the entry into force of this emergency ordinance shall be resolved within 5 months from the date of the resolution of the President of the Commission for citizenship on the application for granting or regaining citizenship. " + Article II With effect from 1 January 2010, in order to register applications for the reacquisition or granting of Romanian citizenship, made under the provisions of art. 10 ^ 1 of the Romanian Citizenship Law no. 21/1991 , republished, with subsequent amendments and completions, territorial offices will be established under the Citizenship Directorate of the Ministry of Justice and Citizens ' Freedoms. + Article III Romanian Citizenship Law no. 21/1991 , republished in the Official Gazette of Romania, Part I, no. 98 of March 6, 2000, with subsequent amendments and completions, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the articles and paragraphs a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (1) of the Romanian Constitution, republished . p. CHAMBER OF DEPUTIES PRESIDENT, IOAN OLTEAN SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, November 12, 2009. No. 354. _________