Law No. 376 Of 19 December 2013 Amending And Supplementing Certain Enactments Of Migration And Asylum

Original Language Title:  LEGE nr. 376 din 19 decembrie 2013 pentru modificarea şi completarea unor acte normative din domeniul migraţiei şi azilului

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LAW no.
376 of December 19, 2013 amending and supplementing certain enactments of migration and asylum
Issued



PARLIAMENT Published


Official Gazette no. 826 of December 23, 2013

Romanian Parliament adopts this law.

Article I


Government Emergency Ordinance no. 194/2002 on aliens in Romania, republished in the Official Gazette of Romania, Part I, no. 421 of 5 June 2008, as amended and supplemented, amended and supplemented as follows:
1. In Article 2, after point i ^ 1) introduces a new letter, i ^ 2), as follows:
"i ^ 2) international protection - refugee status or subsidiary protection status;"
2. In Article 70, heading and Paragraphs (1) and (2) is amended to read as follows:
"Article 70 Right


long-term residence (1) The right of residence the long term shall, upon request, under this ordinance, indefinitely, aliens, settlement date of the request, hold a right of temporary residence or beneficiaries of international protection in Romania.


(2) the right long-term stay is not granted to the following categories of aliens:


a) holders of the right to temporary residence for studies; b


) applicants or beneficiaries of temporary protection;


c) applicants or beneficiaries of protection in Romania, other than international protection;


d) applicants for international protection; || |

e) holders of temporary stay right conferred by short-stay visa, diplomatic visa or service. "


March. Article 70 (3), after letter f) introduces a new letter, letter g), as follows:
"g) in case of cancellation of international protection under Law no. 122/2006 on asylum in Romania, amended and supplemented, when the right long-term residence was obtained as a beneficiary of international protection in Romania. "
4. Article 71 (1), the introductory part of the letter a) and (v) and (vi) is amended to read as follows:
'a) had a temporary residence permit or benefited from international protection Romania continuously for the last 5 years preceding the application, as follows: ..

(v) this period is reduced to 4 years for beneficiaries of international protection in Romania actively participating in the economic, social and cultural Romanian society, including as a result of going through the integration programs provided by Government Ordinance no. 44/2004 regarding the social integration of foreigners who were granted a form of protection or a right to stay in Romania and the Member States' citizens European Union and European Economic Area, approved with amendments by Law no. 185/2004, as amended and supplemented;
(vi) this period is reduced by half, the beneficiaries of international protection in Romania married for at least 5 years a Romanian citizen; "
May. Article 71 (1) a) after point (vi) the following new point (vii), as follows:
"(vii) this period is counted from the filing date under which granted international protection in Romania, where beneficiaries of international protection. "
June. In Article 75, after paragraph (1) insert a new paragraph (2), as follows:
"(2) The rights of beneficiaries of international protection in Romania, according to Law no. 122/2006, as amended and supplemented, can not be limited as a consequence of long-term stay right by them. "
July. In Article 87, after paragraph (2) the following two new paragraphs (2 ^ 1) and (2 ^ 2), as follows:

"(2 ^ 1) Aliens in whose long-term residence permits was labeled on the granting of international protection to another Member State, are taken under escort according to para. (1) to the Member State indicated in that term if the verifications carried out by the General Inspectorate for Immigration in the Member State concerned, that they continue to benefit from international protection. As an exception to the obligations assumed by Romania treated for foreigners declared undesirable or against whom of expulsion as a result of conviction for any offense together. IV of Law no. 535/2004 on preventing and combating terrorism, as amended and supplemented, or a crime against state security provided by the criminal Code, it is possible to remove escorted by a State other than that in which beneficiaries of international protection.
(2 ^ 2) Foreigners who have a right of temporary residence under Art. 128, in whose long-term residence permits issued by another Member State, is labeled on the granting of international protection can be removed under escort, according to para. (1), to a country outside the European Union if the verifications carried out by the General Inspectorate for Immigration in the Member State concerned that international protection has been withdrawn or have been declared undesirable or against their expulsion has been ordered due a conviction for any offense together. IV of Law no. 535/2004, as amended and supplemented, or a crime against state security, provided by the Criminal Code. "
8. In Article 110, after paragraph (2 ^ 1) it introduces five new paragraphs (2 ^ 2), (2 ^ 3), (2 ^ 4), (2 ^ 5) and (2 ^ 6) as follows:
"(2 ^ 2) long-term residence permits issued to beneficiaries of international protection in Romania shall be marked "international protection granted by RO on [date]". General Inspectorate for Immigration forward, within one month of receipt of the Member State concerned, information on the state of international protection granted by Romania, said the long-term residence permit.
(2 ^ 3) If an alien who already has a long-term residence permit issued by another Member State in which there is mention contents on granting international protection, the same words enroll in long-term residence permit issued under this ordinance, except that, following checks carried out by the General Inspectorate for Immigration in the Member State mentioned in the remark, that international protection has been withdrawn by a final decision.
(2 ^ 4) If, after issuing a residence permit long-term, with the par. (2 ^ 3), responsibility for the international protection of long-term resident was transferred to the State Romanian General Inspectorate for Immigration issued within 3 months after the transfer, a new residence permit long-term application par. (2 ^ 2).
(2 ^ 5) If, after issuing a residence permit long-term, with the par. (2 ^ 2), responsibility for the international protection of long-term resident was transferred to another Member State, the General Inspectorate for Immigration issued within 3 months of receipt of the request of the Member State which has taken responsibility for a new license the long-term residence, where the mention "international protection granted by [name of Member State] on [date]".
(2 ^ 6) If, after the release of long-term residence permit another Member State grants the alien international protection, the General Inspectorate for Immigration issued within 3 months of receipt of the request Member State which granted international protection, a new long-term residence permit, within which the words "international protection granted by [name of Member State] on [date]". "
9. in Article 110, after paragraph (3) insert a new paragraph, (3 ^ 1) as follows:

"(3 ^ 1) To issue new long-term residence permit in the situations referred to in para. (2 ^ 4) - (2 ^ 6), the alien must submit to the territorial office of the General Inspectorate for Immigration in whose jurisdiction the lives, an application accompanied by documents proving possession legally of habitat at the address says domiciled in Romania, no later than 30 days from the date on which he became knowledge transfer of responsibility or the granting of international protection. "
10. After Article 129 introduces a new Article 129 ^ 1, as follows:
"Article 129 ^ 1
Family members of beneficiaries of international protection readmitted in Romania

(1) Members the family of beneficiaries of international protection readmitted in Romania, according to art. 20 ^ 1 para. (1) of law no. 122/2006, as amended and supplemented, are foreigners who had a right of temporary residence for the purpose of family reunification beneficiaries international protection in the Member State that ordered the removal.


(2) family members under par. (1) can enter Romania without fulfilling the conditions laid down in art. 6 para. (1) b) and c) have a right to temporary residence for 90 days from the date of entry into Romania, and may ask for this right for any of the purposes and under the cap. IV, without being necessary to obtain in advance a long-stay visa.


(3) Para. (2) without prejudice to more favorable situation concerned acquired by foreigners in Romania under other laws. "


11. In Article 134, paragraph 10 is amended to read as follows: | || "10. failure by the foreign obligation to present to the territorial Inspectorate General for Immigration, within the 30 days provided for in art. 73 para. (5) or Article. 110 par. (3 ^ 1);
12. 143, after paragraph (1) insert a new paragraph (2), as follows:
"(2) General Inspectorate for Immigration is the national contact point in relations with the EU institutions and other authorities Member States to exchange information and documents in the application of legal provisions that fall within its jurisdiction. "

Article II


Law. 122/2006 on asylum in Romania, published in the Official Gazette of Romania, Part I, no. 428 of 18 May 2006, as amended and supplemented, supplemented as follows:
1. In Article 2, letter a) introducing a new letter, a ^ 1) as follows:
'a ^ 1) international protection - refugee status or subsidiary protection status; "
2. In Article 20, after paragraph (9), insert a new paragraph, (10), as follows:
"(10) If granted international protection in Romania an alien who has a residence permit term in another Member State, the General Inspectorate for Immigration requests the Member State concerned to enroll in long-term residence permit, mention of the granting of international protection by Romania. "
March. After Article 20 insert a new Article 20 ^ 1, as follows:
"Article 20 ^ 1
Readmission of beneficiaries of international protection in Romania

(1) Foreigners, beneficiaries of international protection in Romania, the Romanian territory are immediately readmitted without formalities, together with their family members as a result of an expulsion decision taken by the Member State that had the right to stay long term.

|| | (2) to establish the situation of foreigners who entered the residence permit long-term issued by another Member State, the reference to the granting of international protection by Romania Inspectorate General for Immigration notify the Member State concerned, not later than one month after receiving a request to do so if the alien continue to benefit from international protection in Romania. "


4. In Article 112, after paragraph (1) insert a new paragraph (1 1) as follows:
"(1 1) If the application regarding the transfer of responsibility for a foreigner who has a permit long stay issued by another Member State, the General Inspectorate for Immigration requests that Member State to amend the reference to the granting of international protection. "

* * *

This law transposes Directive 2011/51 / EU of the European Parliament and of the Council of 11 May 2011 amending Directive 2003/109 / EC to extend its scope to beneficiaries of international protection, published in the Official Journal the European Union, series L no.
132 of 19 May 2011. This law was adopted by the Parliament of Romania, in compliance with art. 75 and Art. 76 para. (1) of the Romanian Constitution. The Chamber of Deputies


VALERIU-ŞTEFAN Zgonea SENATE PRESIDENT GEORGE-CRIN

LAURENŢIU ANTONESCU Bucharest, December 19, 2013.
No. 376. --------

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