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Law No. 309 Of 28 June 2004 Concerning The Free Movement Of Romanian Citizens Of Member States Of The European Union And European Economic Area

Original Language Title:  LEGE nr. 309 din 28 iunie 2004 privind libera circulaţie pe teritoriul României a cetăţenilor statelor membre ale Uniunii Europene şi Spaţiului Economic European

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LEGE no. 309 309 of 28 June 2004 on the free movement on the territory of Romania of citizens of the European Union and European Economic Area
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 593 593 of 1 July 2004



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 Regulatory area This law constitutes the legal framework governing the entry and stay on the territory of Romania of citizens of a Member State of the European Union or European Economic Area, hereinafter referred to as citizens of the Member States, as well as their family members, who establish their temporary or permanent residence on the territory of Romania. + Article 2 Definitions For the purposes of this law, the following terms and expressions shall read as follows: a) a citizen of a Member State is any person who has the nationality of one of the Member States of the European Union which belongs to the European Economic Area b) by family member it is understood: 1. sotia/sotul; 2. direct descents of the holder or wife/husband, up to 21 years of age or who are in their maintenance, regardless of age; 3. the ascendants of the holder or of the wife/husband who are dependent on them; c) the residence permit is the identity document issued by the Foreign Authority or its territorial formations, according to the law, which certifies the validity of the right of residence granted, as well as the quality of the holder. + Article 3 Rights of citizens of the Member States who reside in the territory of (1) The citizens of the Member States and their family members who reside legally in Romania enjoy the general protection of persons and property, guaranteed by the Constitution and the other laws, as well as the rights provided for in the Treaties international to which Romania is a party. (2) The citizens of the Member States legally in Romania can move freely and establish their residence anywhere on the territory of Romania. ((3) The citizens of the Member States enjoy all the rights and benefits granted to employed persons, as well as social protection from the state, under the same conditions as Romanian citizens. (4) The foreign authority or its territorial formations will issue an identity document proving the right of residence, entitled " Residence permit for a citizen of a Member State of the European Union or belonging to the Space Economic European ". (5) Citizens of the Member States, who have been issued an identity document by the Foreign Authority, have the right to verify the personal data entered in it and, if applicable, have the right to request the correction or removal of the data that don't match reality. (6) The person against whom the refusal of entry, issue or extension of the residence permit was ordered or against which the expulsion decision was taken from the territory of Romania may attack the administrative acts concerned, in accordance with legal provisions on administrative litigation. By way of derogation from the provisions of Law no. 29/1990 of the administrative litigation, as amended, the execution of the administrative act shall be suspended until the action is resolved. + Article 4 Obligations of Member State citizens (1) During their stay in Romania, the citizens of the Member States and their family members are obliged to comply with the Romanian legislation. ((2) The citizens of the Member States and their family members on the territory of Romania have the obligation to submit to the control of the police bodies and other public authorities competent according to the law. + Chapter II Entry into Romania of citizens of Member States + Article 5 Entry in Romania ((1) Citizens of the Member States may enter Romania on the basis of the valid identity card or passport. (2) The family members of the citizens of the Member States who are not their citizens cannot be exempted from the obligation to obtain the visa, if the agreements concluded by Romania with the states whose citizens are not provided otherwise. (3) The diplomatic missions and consular offices of Romania will grant to the persons referred to in par. (2) visa required, without prior approval of the General Directorate for Consular Affairs of the Ministry of Foreign Affairs. + Chapter III Right of residence of the citizens of the Member States in Romania + Article 6 Right of residence of the citizens of the Member States engaged in work (. The foreign authority shall grant the right of residence for: a) citizens of the Member States carrying out activities in Romania as an employee; b) their family members. ((. The citizens of the Member States, irrespective of their place of residence, may conclude and carry out employment contracts in accordance with the relevant legal provisions. (3) The citizens of the Member States may occupy vacant jobs under the same conditions as Romanian citizens. (4) The legal provisions restricting the number or percentage of employees, citizens of other states, in any branch of activity, region or at national level, do not apply to citizens of the Member States. (5) Family members of a person referred to in par. ((1) lit. a), regardless of citizenship, can establish their residence on the territory of Romania together with this. (6) The Romanian authorities will facilitate the admission of a family member who is not under art. 2 lit. b) if the person is dependent on the person employed or living with them in the country of origin or provenance. (7) Family members, as defined in art. 2 lit. b) section 1 and 2, of the citizens of the Member States who carry out in Romania an activity as an employee or self-employed, can be employed in accordance with the legal provisions. (8) The children of the citizens of the member states employed on the territory of Romania, if they establish their residence on the territory of our country, are admitted to the education and training system under the same conditions as Romanian citizens. (9) The residence permit issued to the persons referred to in par. ((1) provides proof of the right of permanent residence, is valid for a period of five years from the date of issue and is automatically extended for new periods of five years. (10) Family members who are not nationals of a Member State shall be issued a residence permit with the same validity as the document issued to the citizen of the Member State in which they are kept. (11) The interruptions of the period of stay that do not exceed six consecutive months and the absence from the territory of Romania motivated by the military service do not affect the validity of the residence permit. (12) A valid right of residence granted to a citizen of a Member State cannot be cancelled solely on the basis of the cessation of the activity referred to in paragraph 1. (1) as a result of a temporary incapacitated work, caused by a disease or accident, or because they are in involuntary unemployment. (13) If the period of employment is more than 3 months, but less than one year, the Foreign Authority or its territorial formations will issue a valid residence permit for the period of employment. (14) In cases where the period of employment does not exceed 3 months, the identity card or passport on the basis of which the person concerned entered the territory of Romania is sufficient to cover his/her stay. (15) The provisions of par. ((13) and (14) shall also apply to seasonal workers employed for a period of more than 3 months. (16) The foreign authority grants the right of residence and for the citizens of the Member States employed in Romania, who retain their residence in a Member State where, as a rule, they return every day or at least once a week. (17) For the issuance of a residence permit, the applicant shall submit the following documents: a) identity card or passport, valid; b) proof that the person is part of one of the categories provided in par. ((1), (5) and (6). + Article 7 Right of residence of the citizens of the Member States for self-employment (1) The foreign authority shall grant the right of permanent residence for: a) citizens of the Member States established on the territory of Romania, in order to carry out independent activities defined according to art. 7 7 para. ((1) pt. 4 4 of Law no. 571/2003 on Fiscal Code; b) their family members. (2) The residence permit issued to the persons referred to in par. ((1) provides proof of the right of permanent residence, is valid for a period of five years from the date of issue and is automatically extended for new periods of five years. (3) The interruptions of the period of stay that do not exceed six consecutive months and the absence from the territory of Romania motivated by the military service do not affect the validity of the residence permit. (. A valid right of residence granted to a citizen of a Member State shall not be cancelled solely on the basis of the cessation of the activity referred to in paragraph 1. (1) as a result of a temporary incapacitated work caused by a disease or accident. ((. Citizens of a Member State not belonging to the category referred to in paragraph 1. ((1) lit. a), but who are authorized to carry out an activity in Romania under national law, have the right to stay for a period at least equal to the duration of the authorization granted for carrying out that activity. ((6) Citizens of a Member State belonging to the category referred to in paragraph 1. ((1) lit. a), but to which, as a result of the change of activity, the provisions of par. ((5), shall keep the residence permit until its expiry date. (. Family members who are not nationals of a Member State shall be issued a residence permit with the same validity as the document issued to the citizen of the Member State in which they are kept. (8) For the issuance of a residence permit, the applicant shall submit the following documents: a) identity card or passport, valid; b) proof that the person is part of one of the categories provided in par. ((1), (5) or (9). (9) The competent authorities will facilitate the admission of any other family member of a citizen referred to in par. ((1) lit. a) or of his/her spouse, if the respective family member is in the maintenance of the holder or his/her spouse or lives with them in the country of origin or origin. + Article 8 Right of residence of persons who provide or benefit from services (1) The foreign authority shall grant the right of temporary stay for: a) the citizens of the Member States established on the territory of Romania and which are the suppliers or beneficiaries of some services b) their family members. (. The right of residence of persons who provide or benefit from services shall have the same validity as the period in which such services are provided. (3) If this period exceeds 3 months, the persons referred to in par. ((1) shall be issued a residence permit which provides proof of the right of temporary residence. (4) In cases where the period does not exceed 3 months, the identity card or passport on the basis of which the person concerned entered the territory of Romania is sufficient to cover his stay. (. Family members who are not nationals of a Member State shall be issued a document which has the same validity as the document issued to the citizen in whose maintenance they are. (6) For the issuance of a temporary residence permit, the applicant shall submit the following documents: a) identity card or passport, valid; b) proof that the person is part of one of the categories provided in par. ((1) or (7). (7) The competent authorities will facilitate the admission of any other family member of a citizen referred to in par. ((1) lit. a) or of his/her spouse, if the respective family member is in the maintenance of the holder or his/her spouse or lives with them in the country of origin or origin. + Article 9 Right of residence of employed persons or of those who have carried out self-employment, who have ceased their professional activity in Romania (. The foreign authority shall grant the right of permanent residence: a) citizens of the Member States who were employed or carried out an independent activity on the territory of Romania; b) their family members within the meaning of art. 2 lit. b); c) other family members in the maintenance of the person referred to in lett. a) or of their spouse or who live with them in the state of origin or provenance. (2) Provisions of para. (1) shall apply to the following categories of persons: a) the person employed or self-employed for at least one year, who, at the time of termination of the professional activity, reached the retirement age for the age limit and who continuously lived on the territory of Romania more for three years; in the case of self-employed activities, for which the law does not provide for the retirement age, the same age limit applies as employed persons; b) the citizen of a Member State who has continuously resided in Romania for more than two years and who has ceased his occupational activity in Romania from a cause of permanent incapacity for work; c) the person employed or self-employed who, after three years of employment, respectively of independent activity and continuous stay in Romania, work or carry out independent activities in the territory of another Member State, keeping his residence on the territory of Romania, where he returns, as a rule, every day, or at least once a week. The employment periods, respectively of independent activity, thus carried out are considered activities carried out on the territory of Romania in order to fulfill the conditions of lit. a) and b). (3) If the spouse of the employed or self-employed person is a Romanian citizen, the provisions regarding the duration of the residence period established by par. ((2) lit. a) and b), respectively the duration of the period of activity in par. ((2) lit. c) does not apply. (4) If the incapacity provided in par. ((2) lit. b) is the result of a work accident or occupational disease, which entitles him to receive a pension from a state institution, the condition regarding the period of residence does not apply. (5) Family members set out in par. ((1) lit. b) and c), who live in Romania together with the person provided in par. ((1) lit. a), benefit from the right to establish their residence in Romania when that person has acquired the right of permanent residence in accordance with the provisions of par. ((2), even after its death. (6) If the death occurred during the activity, but before obtaining the right of permanent residence, the family members have the right to establish their permanent residence on the territory of Romania, if one of the following conditions: a) at the time of death, the person from par. ((1) lit. a) had a continuous residence in Romania for at least two years; b) the death had as a cause a work accident or a professional disease; c) the surviving spouse is Romanian citizen. (7) Continuity of stay in Romania provided in par. ((2) and (6) can be proven by any means. The continuity of the stay is not affected by absences amounting to a maximum of three months per year or those caused by the satisfaction of military service Periods of involuntary unemployment or, as the case may be, of inactivity or absences due to illness or accidents will be considered periods in which the person concerned was employed, respectively in activity, in the sense of those provided in par. ((2). ((8) Persons who fulfil the conditions for the acquisition of the right of residence may exercise this right within a period of two years from the date of its acquisition. During this period, they can leave the territory of Romania without this right being affected. (9) Persons referred to in par. ((1) are issued a residence permit, which provides proof of the right of permanent residence, valid for a period of five years. The validity period will be automatically extended. (10) The period of absence on the territory of Romania that does not exceed six consecutive months or longer absences justified by the performance of the military service will in no way affect the period of validity of the issued residence permit. (11) Family members who are not nationals of a Member State shall be issued a residence permit with the same validity as the document issued to the citizen of the Member State in whose maintenance they are. (12) For the issuance of a residence permit, the applicant shall submit the following documents: a) identity card or passport, valid; b) proof that the person is part of one of the categories provided in par. ((1). (13) The Romanian authorities will facilitate the readmission of the workers or those who carried out independent activities, who left the territory of Romania after they established their permanent residence here and who want to return following their retirement permanent incapacity to work, namely the inability to carry out gainful activities. + Article 10 Right of residence of persons who have ceased their professional activity in the country of origin or provenance (1) The foreign authority grants the right of residence to the citizens of the Member States who have carried out an activity as an employee or as a person exercising an independent activity in the country of origin or origin, and to family members of these, provided that they are the beneficiaries of an invalidity pension or an early pension, of an old-age pension, of a pension as a result of a work accident or occupational disease, having a sufficient value by the sea, so that that person does not become a task of the social security system state during the stay in Romania and provided that these persons have a medical insurance for all risks in Romania. (2) The financial resources provided in par. ((1) are sufficient if they are at least at the level of the minimum gross basic salary per country guaranteed in payment, defined according to art. 159 159 of Law no. 53/2003 -Labor Code, as amended. (3) Persons who have obtained a right of residence on the territory of Romania are issued a residence permit whose validity is limited to five years, with the possibility of extension for new periods of five years. (4) For family members who do not have the nationality of a Member State, the Foreign Authority will issue a residence permit with the same validity as that issued to the citizen in whose maintenance he is. (5) For the issuance of the residence permit, the applicants will present the valid identity card or passport and proof that they meet the conditions provided in par. ((1) and (2). (6) The spouse and children in the maintenance of a person referred to in art. 2 lit. a), regardless of nationality, who have the right to stay on the territory of the Romanian state, have the right to carry out any activity, as employees or as persons who exercise independent activities, in accordance with the legal provisions. (7) The right of residence acquired in accordance with this Article shall be valid for the duration in which its beneficiaries meet the conditions laid down in par. ((1) and (2). (8) The interruptions of the period of stay that do not exceed six consecutive months and the absence from the territory of Romania, motivated by the military service, do not affect the validity of the residence permit. + Article 11 Right of residence of persons in studies ((1) Any citizen of a Member State who has been accepted to attend a vocational training course by an accredited and recognised educational institution, in accordance with the law, as well as his spouse and dependent children, shall be entitled temporary stay on the territory of Romania provided that the holder of the right of residence proves to the Authority for foreigners or his territorial formations that he has sufficient means of maintenance and to have a medical insurance for all risks in Romania. ((2) The proof of the means of maintenance shall be made by a declaration or by another equivalent means. (3) The right of residence granted under par. (1) is limited to the duration of studies. (4) Persons referred to in par. ((1) shall be issued a residence permit which provides proof of the right of temporary residence. Its validity is limited to the duration of studies, if they do not exceed one year, or one year, with the possibility of annual renewal, when studies exceed this period. (. Family members who do not have the nationality of a Member State shall be issued temporary residence permits with the same validity as that issued to the person in whose maintenance they are. (6) The right of residence shall remain as long as the beneficiaries of this right meet the conditions provided in par. ((1) and (2). (7) For the issuance of the temporary residence permit, the applicant must present the valid identity card or passport, as well as proof that he meets the conditions provided in par. ((1) and (2). (8) The spouse and children in the maintenance of a citizen who obtained the right of residence according to the provisions of par. ((1) have the right to carry out any activity as employees or on their own, even if they are not citizens of a Member State. + Article 12 Right of residence of the citizens of the Member States and their family members on the territory of Romania for purposes other than those provided for in this Law (1) The foreign authority shall grant right of residence for purposes other than those provided for by this law to the citizens of the Member States and their family members, provided that all such persons possess sufficient means of maintenance, as well as medical insurance for all risks in Romania. (2) The amount of the means of maintenance may not be less than the minimum wage on the national economy. (3) Persons who have obtained a right of residence on the territory of Romania are issued a residence permit whose validity is limited to five years, with the possibility of extension for new periods of five years. (4) For family members who do not have the nationality of a Member State, the Foreign Authority will issue residence permits with the same validity as that issued to the citizen in whose maintenance they are. (5) For the issuance of the residence permit, the applicant shall submit the following documents: a) identity card or passport, valid; b) proof of the means of maintenance and medical insurance provided in par. ((1) and (2). ((6) The spouse and children in the maintenance of a citizen of a Member State who have been granted the right of residence on the territory of Romania may engage in employment or carry out self-employed activities, in accordance with the provisions of legal, even if they are not citizens of a Member State. (7) The right of residence shall remain as long as the beneficiaries meet the conditions referred to in paragraph ((1) and (2). (8) The interruptions of the period of stay that do not exceed six consecutive months and the absence from the territory of Romania, motivated by the military service, do not affect the validity of the residence permit. + Chapter IV Refusal of entry into the territory of Romania, issue or extension of the residence permit. Expulsion from the Romanian territory of the citizens of the Member States and their family members + Article 13 Regime of refusal of entry into the territory of Romania, issue or extension of residence permit and expulsion from the territory of Romania (1) The competent Romanian authorities may refuse entry into the territory of the Romanian State, issue or extend the residence permit or expel from the national territory the citizens of a Member State or their family members only for reasons public order, national security or public health. (2) The measures provided in par. ((1) may not be taken on the basis of economic reasons. ((. The reasons for public or national security must be based solely on the personal conduct of the person concerned. ((4) The reasons for public order, national security or public health, which were the basis for the decision of the refusal of entry into the territory of Romania, the issuance or extension of the residence permit, are communicated to the interested person, outside the cases when this cannot be done for reasons aimed at the safety of the state. (5) Previous convictions for the commission of crimes cannot automatically constitute the basis for the application of the measures provided in par. ((1). The expiry of the identity document or passport used for the entry into Romania and for the issuance of the residence permit, cannot justify the expulsion of the respective person from the national territory. (6) The maladies or infirmities that may justify the refusal of entry into the territory of Romania or the issuance of the residence permit are set out in the annex which is an integral part of this law (7) The occurrence of diseases or infirmities specified in the Annex after the issuance of the first residence permit does not justify the refusal to renew the permit or the expulsion from the territory of Romania. ((8) The decision to refuse to issue or renew the residence permit or the expulsion decision shall be communicated to the person concerned. The communication will indicate the deadline for leaving Romania's territory. Except in cases that require leaving in the shortest time of the territory of Romania, the term granted for leaving the territory is: a) a minimum of 15 days for persons who have not yet received the residence permit; b) a minimum of 30 days for all other cases. + Chapter V Final provisions + Article 14 The decision on granting or refusing to issue the first residence permit in Romania must be taken within the shortest period, but no later than 6 months after the application was made. The person concerned has the right to remain provisional on the territory of Romania until the decision to grant or refuse the issuance of the residence permit. + Article 15 Fees charged for issuing or extending residence permits will not be able to exceed the level of fees charged for issuing identity cards for Romanian citizens. The same provisions shall apply to the documents necessary for their release. + Article 16 The right of residence granted by the competent Romanian authorities is valid throughout Romania. + Article 17 (1) The present law transposes: a) Council Directive no. 64 64 /221/EEC COUNCIL DECISION of 25 February 1964 on the coordination of special measures relating to the movement and residence of foreigners justified by reasons of public policy, public security and public health, published in the Official Journal of the European Communities (OJ No. P 56 of 04.04.1964; b) Council Directive no. 72 72 /194/EEC COUNCIL DIRECTIVE of 18 May 1972 on the extension of the scope of the Directive of 25 February 1964 on the coordination of special measures relating to the movement and residence of foreign nationals justified by public policy, public security or public health over workers exercising their right to remain in the territory of a Member State after being employed in that State, published in the Official Journal of the European Communities (JOCE) no. L 121 of 26.05.1972; c) Council Directive no. 73 73 /148/EEC COUNCIL DECISION of 21 May 1973 on the abolition of restrictions on the movement and residence of nationals of Member States within the Community on the establishment and provision of services, published in the Official Journal of the European Communities (JOCE) No L 172 of 28.06.1973; d) Council Directive no. 75 75 /34/EEC COUNCIL DECISION of 17 December 1974 on the right of nationals of a Member State to remain in the territory of another Member State after self-employment has been carried out in the Official Journal of the European Communities (JOCE) no. L 14 of 20.01.1975; e) Council Directive no. 75 /35/EEC of 17 December 1974 extending the object Directive no. 64 64 /221/EEC on the coordination of special measures relating to the movement and residence of foreigners justified by reasons of public policy, public security and public health, to include nationals of a Member State exercising the right to remain on the territory of another Member State after carrying out an independent activity on this territory, published in the Official Journal of the European Communities (JOCE) no. L 14 of 20.01.1975; f) Council Directive no. 90 90 /364/EEC COUNCIL DECISION of 28 June 1990 on the right of residence, published in the Official Journal of the European Communities (OJ) L 180 of 13.07.1990; g) Council Directive no. 90 90 /365/EEC COUNCIL DIRECTIVE of 28 June 1990 on the right of residence of employed persons and self-employed persons who have ceased their professional activity, published in the Official Journal of the European Communities (JOCE) no. L 180 of 13.07.1990; h) Council Directive no. 93 93 /96/EEC COUNCIL DECISION of 29 October 1993 on the right of residence of persons to study, published in the Official Journal of the European Communities (JOCE) No L 317 of 18.12.1993; i) partially Council Directive no. 68 /360/EEC COUNCIL DECISION of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of the Member States and their families, published in the Official Journal of the European Communities (JOCE) No L 257 of 19.10.1968. (. In order to ensure the application of Community rules from the date of accession, this Law shall take over the following Regulations a) Regulation no. 1.251/70 1.251/70 EEC COUNCIL DIRECTIVE of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State, published in the Official Journal of the European Communities (JOCE) No L 142 of 30.06.1970; b) partially Council Regulation No 1.612/68/EEC COUNCIL DIRECTIVE of 15 October 1968 on the free movement of workers within the Community, published in the Official Journal of the European Communities (JOCE) L 257 of 19.10.1968. + Article 18 This law will enter into force on the date of Romania's accession to the European Union + Article 19 Upon the entry into force of this Law, the provisions Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished, ceases to apply to citizens of the Member States of the European Union and the European Economic Area and their family members. 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 VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 28, 2004. No. 309. + Annex Maladies or infirmities which may justify refusal entry into the territory of Romania or issue of residence permit A. Maladii which may endanger public health: 1. diseases involving the establishment of a quarantine state, targeted in the International Health Regulation no. 2 of 25 May 1951 of the World Health Organization; 2. tuberculosis of the active respiratory system or with evolutionary tendency; 3. syphilis; 4. other infectious diseases or contagious parasites to the extent that in Romania they are subject to the provisions on the protection of their own citizens. B. Maladii or infirmities which may endanger public health or public safety: 1. toxicomania; 2. Serious mental disorders; obvious states of psychosis accompanied by states of agitation, delirium, hallucinations or confusion. ------------