Obtaining Romanian Nationality by the Underage, as per the New Regulations of the Emergency Ordinance no. 65/2017
Obtaining Romanian Nationality by the Underage, as per the New Regulations of the Emergency Ordinance no. 65/2017

Summary/Abstract: Since 2015, without any new change in terms of specific legislation, the Directorate for Persons Record and Databases Management and the General Directorate for Passports have changed the enforcement method of art. 9 of the Law on Romanian nationality no. 21/1991. The new interpretation given by the two institutions, in total disagreement with the legal certainty principle, was that, in order to acknowledge their citizen statute, the underage were requested, post-factum, to follow compulsorily the procedure for obtaining Romanian nationality, at the same time with their parents, at the National Authority for Citizenship. The interpretation, consisting in the denial of the competent authorities to register in the Romanian marital status or to issue the Romanian identification document or passport, or, as the case, to renew these documents for all underage, that did not follow this formality, had extremely severe consequences and an important social impact.The Emergency Ordinance no. 65/2017 for modifying and updating Law no. 21/1991 introduced essential improvements for the litigious art. 9 of the Law, by clarifying the lenient procedure for obtaining Romanian nationality by the underage. The main benefit consisted in clarifying the legal status of those underage, who, extra culpam, did not follow previously the formalities at the Authority and whom have been denied abusively the renewal of the identification documents, these persons basically losing Romanian nationality via this sine lege way.

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