Alternatives to detention


Country Report: Alternatives to detention Last updated: 30/04/21


Felicia Nica with support from JRS Romania Visit Website

Specially designed closed spaces

The Asylum Act provides for the possibility to impose alternatives to asylum detention, defined as “restrictive measures”, in order to fulfil the necessary formalities, to limit abuse of the asylum procedure, and in case the asylum seeker poses a threat to national security, on the basis of an individual assessment.[1] These consist of:[2]

  • Reporting duties;
  • Designated place of staying in one of the Regional Centres.

Detention in specially designed closed spaces may be ordered if reporting duties and designated place of stay measures cannot effectively be applied to carry out the necessary procedural formalities and to limit abuse of the asylum procedure.[3]

No restrictive measures may be imposed against an asylum applicant for the sole reason that he or she has lodged an application for international protection in Romania.[4]

Detention (“public custody”) centres

The placement of an asylum seeker in detention centres (“public custody”) may be ordered if the prior assessment regarding the possibility to impose alternatives to detention demonstrates that these measures are not possible and sufficient to meet the procedure and the purpose sought,[5] namely removal from Romania or transfer under the Dublin Regulation.

IGI-DAI reported 39 asylum seekers subject to a decision of designated place of stay in one of the Regional Centres in 2019.[6] It was also reported, 3 foreigners subject to alternatives to detention of tolerated status.[7] In 2020, 33 foreigners were granted tolerated status as an alternative to detention.[8]



[1]        Article 19^2(1) Asylum Act.

[2]        Article 19^2(1) Asylum Act.

[3]        Article 19^5(1) Asylum Act.

[4]        Article 19^2(2) Asylum Act.

[5]        Article 19^13(2) Asylum Act.

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

[7]        Ibid.

[8]        Information provided by IGI-DAI, 16 February 2021.

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