Author
Article 77(1) of the Asylum Act defines the concept of “safe countries of origin” as the EU Member States, as well as other States established by order of the Ministry of Internal Affairs, on the basis of a list proposed by IGI, taking into account a number of criteria, inter alia:
- The observance of human rights and fundamental freedoms, as provided for and guaranteed by the ECHR, as subsequently amended, hereinafter referred to as the European Convention and/or the ICCPR, and/or the Convention against Torture, in particular the rights from which no derogation is permitted, in accordance with Article 15(2) ECHR;
- The functioning of democratic principles, political pluralism and free elections, as well as the existence of functional democratic institutions ensuring the guarantee and respect of fundamental human rights;
- Effective mechanisms for reporting violations of human rights and fundamental freedoms;
- Compliance with the principle of non-refoulement, in accordance with the provisions of the Geneva Convention;
- Existence of stability factors.
When designating safe countries of origin, the government has to consider information sources from other Member States, EUAA, UNHCR, the Council of Europe and other international organisations.[1] IGI shall periodically review the situation in third countries designated as safe countries of origin and, on the basis of the resulting information, update the list.[2] The asylum application of a person who comes from a safe country of origin is rejected as manifestly unfounded, unless the factual situation or the evidence presented by the applicant shows the existence of a well-founded fear of persecution or a risk of serious harm. In this case, the applicant shall be given access to the regular procedure.[3]
According to IGI-DAI, Romania has no list of safe country of origin, European safe third country or safe third country.[4]
No applications were rejected based on the safe country of origin concept in 2022.[5] In 2023, there were 2 cases in which the rejection was made on the basis of safe country of origin (Croatia, France); no further details were provided by IGI-DAI.[6]
[1] Article 77(2) Asylum Act.
[2] Article 77(3) Asylum Act.
[3] Article 77(4) Asylum Act.
[4] Information provided by IGI-DAI, 20 February 2020.
[5] Information provided by IGI-DAI, 22 February 2023.
[6] Information provided by IGI-DAI, 18 January 2024.