Content of International Protection

Romania

Country Report: Content of International Protection Last updated: 31/05/23

Author

Felicia Nica

Under Government Ordinance No. 44/2004 (“Integration Ordinance”), beneficiaries of international protection are included in an integration programme upon request and according to a protocol concluded individually by IGI-DAI.[1] The application for participation in the integration programme has to be submitted to IGI-DAI within 3 months of the grant of protection, compared to 30 days provided by the previous form of the Integration Ordinance.[2]

After the registration of the application, the integration officer of IGI-DAI interviews the beneficiary. At the interview representatives of NGOs, local public authorities or other institutions with competences in the integration area may participate. An individual needs assessment sheet is drafted to determine the type of assistance or activities needed for the social integration of the applicant.[3] Based on this evaluation form, an individual plan is established, which includes deadlines, necessary activities to achieve the objectives, responsible persons, responsible institutions and / or organizations, as well as the decision of the IGI-DAI regarding the local community in which the integration activities of the program will be carried out.[4]

Participation in the integration programme is relevant to the enjoyment of certain rights such as Housing and Social Welfare.

Activities which may be included in the plan mainly include, separately or cumulatively, the following:[5]

  • Counselling and support activities to ensure access to the rights listed in the Integration Ordinance;
  • Cultural accommodation sessions;
  • Romanian language courses (see Access to Education).
  • educational and recreational activities;
  • non-reimbursable financial aid, granted under the conditions of Asylum Act;
  • financialallowance in an amount equal to that granted to asylum seekers;
  • accommodation in one of the regional centres, depending on the number of available accommodation places;
  • other types of activities or benefits established according to the individual needs of the foreigner and granted by NGOs carrying out activities in the field of integration of foreigners or by local public administration authorities.

The implementation period of the integration program is 12 months from the date of signing the protocol or from the date provided in the protocol, compared to 6 months prescribed by the IGI-DAI. It may grant an extension of maximum 6 months based on a motivated request of the beneficiary and assessment of the situation.[6]

In addition to the integration programme offered by the state authorities, there are several projects concerning the integration of beneficiaries of international protection and third-country nationals funded through the national AMIF scheme. Since 2016 the implementation of these projects covers 5 regions throughout the country.[7] Each region has at least one Regional Centre for asylum seekers.

1. After more than 2 years of no integration project implemented in Region 1[8], IOM Romania in partnership with AIDRom and the Schottener Social Services Foundation implemented the project “InterAct + Active participation and integrated services for migrants from Romania” between 25 December 2020 – 24 December 2022. Region 1 includes Bucharest and the following counties:Ilfov, Prahova, Buzău, Dâmbovița, Argeș, Vâlcea, Gorj, Brașov și Covasna.[9] Services offered include: Information and advice on the rights and obligations of legally resident migrants (both beneficiaries of some form of protection and third-country nationals); Romanian language courses; cultural orientation sessions; socio-cultural activities; medical support through the settlement of services / treatments / medicines / payment of health insurance for migrants in vulnerable situations; psychological counseling; material assistance to migrants in vulnerable situations; school supplies and reimbursement for food costs for children; facilitating access to the labour market, including organizing meetings with potential employers; financial education sessions; financial incentives to beneficiaries of a form of international protection that constantly participates in the activities organized by the project team.[10]

2. JRS is implementing the project “My place to Integration”. Supporting the process of effective integration of beneficiaries of international protection (BPI) and foreigners (RTT – third country nationals) legally residing in Romania in the following counties of Galaţi, Constanţa, Vrancea, Bacău, Vaslui, Brăila, Tulcea. The project includes activities such as: information, counselling, material, legal, medical, psychological assistance, employment counselling, as well as social, cultural, recreational, educational activities, Romanian language courses and cultural orientation, in 2 regional training centres: Galaţi and Constanta. The project is introducing means of distance counselling / assistance for certain categories of beneficiaries (online courses, etc.) and facilitating access to the labour market through an online tool. The project also aims to involve cultural mediators, interpreters and volunteers at the local level as well as the development of local support networks at the level of institutions and organizations that come into contact with foreigners or within their communities.[11] The project also covers the costs of meals in kindergarten and school, school supplies, rental fees in regional centres; offers social vouchers of 50RON/10EUR two per person.

3. ICAR Foundation implements the project “Integration of foreigners with legal residence in Romania–INTEG-RO”, in partnership with AIDRom in Region 3 which includes Rădăuţi and Suceva, Botoşani, Neamţ and Iaşi counties.[12] The program provides information and social / legal counselling, vocational and professional guidance, psychological support to overcome difficulties and motivate participation in the integration program (in the case of beneficiaries of international protection).The services include both individual counselling sessions (social and psychological), information, assistance in contacting various public or private institutions and local community, as well as group activities (eg: Romanian language courses, cultural accommodation sessions, group counselling, development of life skills, socio-recreational activities).[13]

4. In Region 4 LADO Cluj, in partnership with Asociația Profesională Neguvernamentală de Asistență Socială Baia Mare (ASSOC) and IOM ROMANIA is implementing the project “SIM – CIS – Integrated services for migrants – intercultural and solidary communities. The project covers Maramureş, Satu Mare, Sălaj, Cluj, Bistriţa Năsăud, Mureş, Harghita, Sibiu şi Alba counties. The project aims to support the integration into Romanian society of beneficiaries of international protection and third country nationals by creating a coalition of institutional and organizational actors operating as local support networks to increase the quality of integrated services for migrants. They offer the following services: Romanian language and cultural orientation courses; guidance on how to obtain Romanian citizenship; material assistance (food, clothing, hygiene products, etc.); translation of documents (especially identity documents); legal / psychological / medical assistance; socio-cultural and recreational activities; Support for insertion in the labor market. For minors they offer material assistance (school supplements, teaching materials); cover the costs for food / nursery / kindergarten / boarding / after-school.[14] As of December 2022, no project was being implemented as the proposal submitted by the NGO was rejected.

5. In Region 5, the Western part of Romania, AIDRom in partnership with Filantropia Oradea, is implementing the project “AIM 5 – Actions to integrate migrants in Region 5” between September 2020- September 2022. The aim of the project is to support the socio-economic and cultural integration of beneficiaries of international protection and third-country nationals in Romanian society in Region 5, through an integrated “one stop shop” approach – by providing all the necessary information and services in one place and by strengthening the collaboration and active involvement of local authorities and community in supporting migrants during the integration process.[15] Region 5 includes Timişoara, and Arad, Bihor, Hunedoara, Mehedinţi şi Caraş Severin counties.[16] Services provided through this project include: information on rights and obligations and activities or services provided under the project; individual social counseling and assistance services; individual legal advice, advice on accessing the labor market; Romanian language courses and cultural accommodation, social, cultural and recreational activities; health insurance for a maximum period of 6 months, reimbursement of medical services, equivalent value of medicines and / or medical objects / materials; financial incentives for beneficiaries who consistently participate in project activities; supplies and other materials needed in the educational process; reimbursement of meal expenses charged to nurseries, kindergartens and afterschool as well as costs incurred in participating in extracurricular activities undertaken by educational institutions; emergency Financial Packages; reimbursement of public transport costs; document translations and legalizations.[17]

6. In Region 6, from December 2020-December 2022 the GlobalHelp Association, in partnership with IOM Romania and AIDrom, implemented the project ‘Regional network for the integration of migrants in Romania – MyRO’. Region 6 includes Giurgiu, Călărași, Ialomița, Teleorman, Olt și Dolj.[18] As of December 2022, no project was being implemented in Region 6, as no NGO applied for the call for proposals launched by IGI-DAI.

The integration prospects for beneficiaries of international protection in Romania are assessed in the context of appeals against returns of beneficiaries from other European countries. Different courts in Germany and the Netherlands have dismissed such appeals on the ground that conditions for international protection holders in Romania do not present deficiencies triggering Article 3 ECHR,[19] including the case of a person with PTSD.[20] In one case in the Netherlands, the court opposed the return of a family on the basis that beneficiaries of protection have no effective assistance after the expiry of their integration programme in Romania.[21]

 

 

 

[1] Article 15 Integration Ordinance.

[2] Article 16 Integration Ordinance.

[3] Article 17 Integration Ordinance.

[4] Article 18(1) Integration Ordinance.

[5] Article 18(2) Integration Ordinance.

[6] Article 20 Integration Ordinance.

[7] Romania is Home, Integration programs, available in Romanian at: https://bit.ly/2RXBfZk.

[8] Since 2 August 2019, no integration project was being implemented in Region 1.

[9] Romania e Acasa, Integration Programmes, available in Romanian at: https://bit.ly/3H5z2zF. According to IOM Romania, 773 beneficiaries of international protection benefitted from its services in 2021.

[10] Information provided by IOM Romania, 19 February 2022.

[11] JRS Romania, available in Romanian at: https://bit.ly/3l6oEOP.

[12] AIDRom, available in Romanian at: https://bit.ly/3BBJxJZ.

[13] Ibid.

[14] LADO, available in Romanian at: https://bit.ly/3sWtjHc. 134 beneficiaries on international protection were assisted by LADO and ASSOC in 2021.

[15] Information provided by AIDRom, 14 January 2022. 179 beneficiaries of international protection were assisted by AIDRom in 2021.

[16] AIDRom, available in Romanian at: https://bit.ly/3BxZErM.

[17] Information provided by AIDRom, 14 January 2022.

[18] GlobalHelp Association, available in Romanian at: https://bit.ly/3oYbfeQ.

[19] (Germany) Administrative Court of Aachen, 6 L 202/18.A, 7 May 2018; Administrative Court of Düsseldorf, Decision 22 L 5230/17.A, 5 June 2018; Administrative Court of Hannover, Decision 12 B 3173/18, 3 July 2018; (Netherlands) Regional Court of The Hague, Decision NL.18.7700, 17 May 2018; Regional Court of Gravenhage, Decision NL18.21071, 5 December 2018.

[20] (Germany) Administrative Court of Aachen, Decision 6 L 606/18.A, 6 July 2018.

[21] (Netherlands) Administrative Court of Roermond, Decision NL18.5246, 3 May 2018.

Table of contents

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