Number of staff and nature of the first instance authority

Romania

Country Report: Number of staff and nature of the first instance authority Last updated: 30/11/20

Author

JRS Romania Visit Website

 

 

Name in English

Number of staff

Ministry responsible

Is there any political interference possible by the responsible Minister with the decision making in individual cases by the first instance authority?

General Inspectorate for Immigration –  Directorate for Asylum and Integration (IGI-DAI)

315[1]

Ministry of Internal Affairs

 Yes   No

 

The General Inspectorate for Immigration (IGI), a government agency under the Ministry of Internal Affairs, is in charge of the asylum procedure through its Directorate of Asylum and Integration (DAI). IGI-DAI is also in charge of operating the Regional Centres for Asylum Seekers (“reception centres”) and specially designed closed spaces within the reception centres.

 

The competent authority for taking decisions on asylum applications at first instance is the General Inspectorate for Immigration – Directorate for Asylum and Integration (IGI-DAI), specifically specialised in the field of asylum.

 

IGI-DAI may request public institutions, agencies or organisations operating in the territory of Romania, the necessary documentation to analyze the applicant's situation and take a decision, respecting the confidentiality rules. In these cases, the consent of the applicant is not required.[2]

 

The Head of IGI, the general inspector, is appointed by an order of the Minister of Internal Affairs.[3] The head is assisted by 2 deputy general inspectors, who are selected after an examination/competition organised by IGI. The examination is organised in compliance with the provisions of Law no. 360/2002 on the Status of the Police Officer, the Order of the Ministry of Internal Affairs no. 140/2016 on the human resources management activity in the Ministry, the General Manager's Order of the General Directorate of Human Resources Management no. II / 1620 / 15.09.2015 on procedures and forms used in human resource management activity by the Ministry of Internal Affairs.
At the time of writing (March 2020) IGI has a general inspector and only 2 deputy general directors.

 

IGI-DAI includes a director and a deputy director. These positions are filled through an exam, the reassignment from a different location or by direct designation, according to Law 360/2002 on the Status of the Police Officer.[4]

 

Both the institutional structure and the IGI’s mandate are prescribed by the Government Decision no. 639 of 20 June 2007.

 

At the regional level, IGI-DAI has 6 regional centres for the accommodation and the legal procedure of the asylum seekers. Every regional centre has a director and a deputy director; integration officer(s); officers responsible for fingerprinting and photographing; officers conducting preliminary interview; case officers conducting interviews and drafting decisions; legal counselors representing the institution in the court in relation to the asylum cases; a logistics department, a financial department and medical personnel. The same case officers conducting the regular procedure conduct the border and accelerated procedure.

 

IGI-DAI has a total of 23 case officers[5] and 16 officers responsible for the preliminary interviews.[6] Out of which, 11 case officers have less than 3 years of experience, 2 have between 3 and 5 years of experience, 4 have between 5 and 10 years of experience and 4 have more than 10 years of experience.[7]

 

According to IGI-DAI, the case officers are receiving internal and external training.

            The internal training includes the following activities:

·       IGI-DAI develops internal guidelines distributed among the specialised staff at the regional centres;

·       The case officers at the regional centres attend common activities and trainings provided by officers from the International Protection Service within DAI.

·       The International Protection Service issues recommendations on the interpretation and application of the asylum law;

·       Relevant information gathered through different internal and external activities is disseminated among the case officers of the regional centres.

·       Dissemination of EASO’s common practical tools and guidance.

 

The external trainings include:

·       Attendance at seminars organised by UNHCR, JRS, CNRR, AIDRom, Save the Children, etc.;

·       Participation to EASO’s Training Curriculum;

·       Participation to EASO’s working groups.[8]

 

Case officers are permanently informed through the Country of Origin Information Office (BITO) within IGI-DAI and through the COI website, developed together with CNRR INDICIUM[9]. They may also request COI in relation to individual cases. Case officers can also participate at thematic conference analysing the geopolitical situation in specific countries.[10]

 

According to IGI-DAI, part of the case officers attended the EASO’s training module on ‘Interviewing vulnerable persons’ and they have also access to UNHCR’s materials. These case officers are responsible to decide on the applications submitted by vulnerable persons.[11]

 

IGI-DAI monitors the quality of the decisions issued at the regional level. IGI-DAI and UNHCR have a collaboration protocol regarding the quality control of the decisions. Based on this collaboration, UNHCR assesses monthly 10 interview transcripts and 10 decisions from all the regional centres. UNHCR and the International Protection Service of DAI are doing the assessment in parallel.[12]The quality decision is assessed after the decision has been taken.[13]

 

To ensure uniform interpretation of the asylum law IGI-DAI has internal guidelines regulating different procedures. These internal working procedures are intended only for internal use and for IGI staff members.[14]

 



[1]Out of the total IGI-DAI staff: 38 work at DAI; 60-Regional Centre Bucharest; 49- Regional Centre Timisoara; 49- Regional Centre Radauti; 39- Regional Centre Somcuta Mare; 47- Regional Centre Galati; 33- Regional Centre Giurgiu.

[2]Article 49(2) Asylum Act.

[3]Art.2(1) DECISION no. 639 of 20 June 2007 (amended) on the organizational structure and attributions of the General Inspectorate for Immigration.

[4]Information provided by IGI-DAI, 22 July 2019.

[5]Information provided by IGI-DAI, 20 February 2020.

[6]Information provided by IGI-DAI, 22 July 2019.

[7]Ibid.

[8]Information provided by IGI-DAI, 22 July 2019.

[10]Ibid.

[11]Ibid.

[12]Ibid.

[13]Ibid.

[14]Ibid.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the first report
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation