Content of International Protection

Romania

Country Report: Content of International Protection Last updated: 30/04/21

Author

Felicia Nica with support from JRS Romania Visit Website

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. IOM Romania implemented the second phase of the project “INTERACT PLUS – Integrated services for migrants, social and intercultural dialogue” until 2 August 2019 in Region 1 whichincludes Bucharest and the following counties: Ilfov, Arges, Brasov, Buzau, Calarasi, Covasna, Dambovita, Dolj, Ialomita, Gorj, Giurgiu, Olt, Prahova, Teleorman, Valcea.[8]

According to IGI-DAI’s announcement on AMIF grants awarded, JRS’s project “My place – A bridge for the integration of beneficiaries of international protection and third country nationals in Romania” was retained for funding.[9] However, the grant agreement was not concluded according to JRS representative. It would have been operational in Region 1, which now includes a smaller number and different counties than the previous project: Bucharest, Vrancea, Bacau, Vaslui, Braila, Tulcea. As of 2 August 2019 until January 2021 no integration project is implemented in Region 1.

  1. JRS implements 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.[10] 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.

  1. 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 andSuceva, Botoşani, Iaşi and Neamţ counties.[11] 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).[12]

  1. In Region 4 LADO Cluj, in partnership with Asociația Profesională Neguvernamentală de Asistență Socială Baia Mare (ASSOC),is implementing the project “SIM – CIS – Integrated services for migrants – intercultural and solidarity communities. The project covers Maramureş, Satu Mare, Sălaj, Cluj, Bistriţa Năsăud, Mureş, Harghita, Sibiu şi Alba counties. The project aims to offer a series of services tailored to the needs of the target groups, such as: 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.[13]

  1. In Region 5, the Western part of Romania, AIDRom in partnership with Filantropia Oradea, implements the project “AIM 5 – Actions to integrate migrants in Region 5”. Through this project, the activity of the Timișoara Regional Integration Center will continue and will offer free specialized social and legal counselling services, material assistance for vulnerable categories, Romanian language courses and cultural accommodation, leisure activities for migrants, specific actions for minors. Region 5 includes Timişoara, and Arad, Bihor, Hunedoara, Mehedinţi şi Caraş Severin counties.[14]

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,[15] including the case of a person with PTSD.[16] 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.[17]

 

 

 

[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]        IGI-DAI, AMIF projects, available in Romanian at:http://bit.ly/2HVtES4. According to IOM, 481 beneficiaries of international protection benefitted from its services in 2019.

[9]        IGI-DAI, Closed Selections of projects, available in Romanian at: https://bit.ly/36fyCUP

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

[11]       AIDRom, available in Romanian at: https://bit.ly/38uRmnk.

[12]       Ibid.

[13]       LADO, available in Romanian at: https://bit.ly/3vhsOIm.

[14]       AIDRom, available in Romanian at: https://bit.ly/30z2ZVO.

[15]       (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.

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

[17]       (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 first report
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation