Content of International Protection

Romania

Country Report: Content of International Protection Last updated: 30/11/20

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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 30 days of the grant of protection.[2]

 

After the registration of the application, the integration officer of IGI-DAI interviews the beneficiary. An evaluation form of the person’s needs is drafted in order to determine the necessary assistance or activities for his or her social integration.[3] Based on this evaluation form, an individual plan is established, which includes deadlines, necessary activities to achieve the objectives, responsible persons, institutions and/or organisations are communicated to the beneficiary. The implementation of this plan is monitored by IGI-DAI.[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 orientation sessions;

–        Romanian language courses (see Access to Education).

 

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.[6] 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 which includes Bucharest and the following counties: Ilfov, Arges, Brasov, Buzau, Calarasi, Covasna, Dambovita, Dolj, Ialomita, Gorj, Giurgiu, Olt, Prahova, Teleorman, Valcea.[7]

 

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.[8] 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 the present time (January 2020), no integration project is implemented in Region 1.

 

2.     JRS implements the project “My place – A bridge for the integration of beneficiaries of international protection and third country nationals in Romania” in Region 2 in partnership with Children’s heart Foundation (Fundatia Inima de copil). The objective of the project is to sustain an effective integration of the beneficiaries of international protection and third country nationals at the level of Galaţi, Constanţa, Vrancea, Bacau, Vaslui, Braila, Tulcea counties, with special attention afforded to vulnerable persons and persons with special needs, by providing services complementary to those provided by the State. These include activities such as information, counselling, material assistance, legal, medical, psychological assistance, as well as social, cultural, recreational, educational, training courses, Romanian language and cultural orientation, at the level of the two regional integration centres in Galaţi and Constanţa.[9]

 

2.     ICAR Foundation implements the project “Integration of foreigners in Romania – a  continuous process” in Region 3 which includes Rădăuţi and Botoşani, Iaşi and Neamţ counties.[10]

 

3.     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 educational social, cultural and recreational activities, Romanian language and cultural orientation courses to beneficiaries of international protection and third country nationals. The project also foresees financial incentives for completing some social integration activities; a number of health insurances are covered and the costs of meals of children from kindergarten, pre-school or school are reimbursed.[11]

 

4.     In Region 5, the Western part of Romania, AIDRom in partnership with Filantropia Oradea, implements the project "Integration NOW – Complex and Uniform Approaches for Migrants". “The project aims to support the socio-economic and cultural integration of beneficiaries of international protection and third-country nationals in the Romanian society, in Region 5, through an integrated “on stop shop” approach, in providing the information and services they need, and by enhancing active collaboration and involvement the authorities / institutions, the private sector and other entities with attributions in the field of migrant integration”. The project is implemented for a period of 1 year since 13 August 2019.[12] Region 5 includes Timişoara, and Arad, Bihor, Hunedoara, Mehedinţi şi Caraş Severin counties.

 

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,[13] including the case of a person with PTSD.[14] 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.[15]

 

 

 

 

 



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

[7]          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.

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

[9]          JRS, ‘My Place – o punte pentru integrarea BPI si RTT in Romania’, available in Romanian at:http://bit.ly/2t45amz.

[10]         IGI-DAI, AMIF projects, available in Romanian at:http://bit.ly/2F2ysaC.

[11]         Liga Apărării Drepturilor Omului (LADO) Cluj, ‘SIM_CIS4 – Servicii integrate pentru migranți – comunități interculturale și solidare’, available in Romanian at:http://bit.ly/2F963Pv. According to ASSOC, roughly 18 beneficiaries of international protection and 10 third country nationals were assisted by the organisations in 2019.

[12]         AIDRom, ‘Integrare ACUM – Abordari complexe si unitare pentru migranti’, available in Romanian at:http://bit.ly/2owtzw3. According to AIDRom, 120 beneficiaries of international protection and third country nationals were assisted by the organisation between August and December 2019. Some of them left Romania before the end of the programme.

[13]         (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.

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

[15]         (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