Author
OUG 194/2002 governs the legal regime applicable to foreign nationals in Romania. Articles 8 and 9 specifically address the conditions under which foreign nationals may be denied entry into Romania.
A third country national who has been denied entry into Romania has up to 24 hours to voluntarily leave the border crossing point. If the person does not leave within this timeframe, the Romanian Border Police will enforce the denial of entry, while having to take into account the individual’s health condition and follow relevant legal provisions. If the departure process requires more than 12 hours, the foreign national will be housed in a designated area within the transit zone at the border crossing point. If no such space is available, they will be accommodated in another designated location outside the border crossing point, which functions as a transit area.[1]
The General Inspectorate of the Border Police establishes the location of these facilities outside the border points, sets internal regulations for foreigners housed there, and organizes access, security, and escort arrangements. Other authorities, including those from the Ministry of Internal Affairs (IGI) and local administration, provide support as needed for the management of these locations.
While housed in the designated locations, foreign nationals are entitled to food, emergency medical care, and basic treatment for illnesses. Vulnerable persons receive special consideration.
In the event of a detected or imminent ‘mass influx of migrants’, the IGPF is authorized to establish one or more Integrated Centres. These centres may be set up through an official order and serve as facilities for border control, public health protection, and clarification of the legal status of foreign nationals arriving at Romania’s borders.[2]
Integrated Centres are designated facilities that operate under the legal framework of transit zones. Their primary functions include:
- Epidemiological Screening – Assessing and identifying potential public health risks among arriving migrants.
- Border Control – Conducting checks to determine whether individuals meet the legal requirements for entry into Romania.
- Processing International Protection Requests – Receiving, registering, and assessing asylum applications submitted by foreign nationals.
- Clarification of Legal Status – Determining the legal situation of foreign nationals who do not seek international protection and deciding on the appropriate measures to be taken.
- Accommodation – Providing temporary housing for foreign nationals while their status is being assessed.
- Other Specific Activities – Carrying out any additional procedures necessary to clarify the situation of foreign nationals present in the centres.[3]
In order to ensure public order and safety, during the border control process at the integrated border centres, the Romanian Border Police personnel will collect fingerprints and facial images of all foreign nationals who, according to the documents presented or their declarations, are at least 14 years old.[4]
Third country nationals subject to activities carried out within the integrated centres are entitled to accommodation, food, medical assistance, preventive measures, and personal hygiene materials, which are provided free of charge. These provisions will be granted, as far as possible, in respect of their religious, philosophical, and cultural beliefs, regardless of their legal status.[5]
Third country nationals accommodated in the integrated centres have the right to be informed, in a language they understand or are reasonably assumed to understand, about the internal rules they must follow within the centres, about their rights and obligations during their stay in the centres, as well as about the consequences of illegally crossing Romania’s state border.[6]
The centres are administered by the Border Police.[7]
After the border control is completed, the head of the crossing point takes measures to inspect the transit area. If persons are found illegally present in this area, measures are taken to verify their situation. Foreign nationals in the transit areas who do not meet the conditions for entry into Romania are returned to the neighbouring state or are placed on the ships or aircraft from which they disembarked, for return to the state from which they were embarked, in accordance with the provisions established by the legislation on the regime of foreigners in Romania.[8]
[1] Article 9 Aliens Ordinance.
[2] Article 4 Emergency Ordinance 53/2015 on establishing measures applicable in the event of a massive influx of immigrants appearing at the Romanian state border.
[3] ibid. Article 5.
[4] ibid. Article 12.
[5] ibid. Article 19.
[6] ibid. Article 20.
[7] ibid.
[8] Art. 14 METHODOLOGICAL RULES of 9 May 2002 for the application of Government Emergency Ordinance no. 105/2001 on the state border of Romania, available here.