Romania: Toolkit to identify and address statelessness

Jesuit Refugee Service (JRS) Romania and the European Network on Statelessness developed a toolkit to identify and address statelessness in Romania, with the aim of preparing stakeholders for the adoption of the EU Pact on Migration and Asylum by June 2026.

Romania lacks a statelessness determination procedure (SDP) and safeguards for the prevention of statelessness, despite its accession to relevant international conventions on statelessness and nationality. The groups affected by statelessness in Romania include people of Romanian origin who lost or renounced their citizenship, undocumented Roma people, and former Greek refugees from the 1970s. In 2023, 40% of registered stateless persons in Romania were refugees.

Overview of statelessness in Romania

The overall size of the stateless population in Romania is unknown. In 2023, 288 stateless individuals received residence permits, 113 with international protection. Though access to birth registration has improved in recent years, issues persist in determining a child's citizenship when it comes to marginalised groups such as refugees, Roma, and children in LGBTQ families. There is no safeguard in Romanian citizenship law for children born on the territory who would otherwise be stateless, nor any specific provisions to protect the right to a nationality of children born to refugees. The only option for a stateless child born on the territory is to apply for naturalisation alongside their parent(s) if they meet the conditions set out in the law. 

40% of registered stateless people in the country are beneficiaries of international protection. These people have access to a range of rights, including health insurance, public pensions, social assistance, education, and even family reunion (provided they have a valid residence permit). The granting of these rights granted is not based on statelessness, but rather on the person’s residence or international protection status. 

In the absence of a SDP, statelessness may be identified in different proceedings requiring the determination of citizenship (e.g., asylum, residence, return, or border procedures). In this case, indications of statelessness should be recorded and the individual informed about and referred to a relevant procedure (international protection, temporary protection mechanism, residence permit, citizenship application), and to a legal adviser. However, there is no obligation of the authorities to consider a claim of statelessness in these proceedings.

Citizenship in Romania may be granted upon request to stateless individuals or foreign citizens under certain conditions. Children born to foreign or stateless parents under the age of 18 acquire Romanian citizenship together with their parents. Romanian citizenship can also be re-acquired by people who have lost it, or stateless people who are former Romanian citizens, as well as their descendants (up to the second degree) subject to certain conditions. Citizenship withdrawal can be enforced on various grounds, including national security concerns, without adequate safeguards to prevent statelessness.

Conclusions

The toolkit concludes that as the EU Pact on Migration and Asylum requires member states to record instances of statelessness pending a determination, Romania must prepare for a better identification and protection of stateless individuals on its territory. 

Further, it notes that though there is no SDP in place, statelessness can be identified through other procedures that involve the determination of citizenship, such as the asylum procedure, temporary protection mechanism, residence, citizenship, and return. Those identified as being at risk of statelessness should be registered and further referred to the most appropriate procedure that can ensure their protection.

As far as children are concerned, the toolkit concludes, a responsible approach from authorities is needed to determine their citizenship, as well as more safeguarding mechanisms to prevent statelessness. These should come along with amendments in the current legislation, especially in the citizenship law.