Romanian Citizenship Law

The Law no.21 from March the 1st 1991 - click to review the source page

Regarding Romanian citizenship

Text of law published in the Official Press Body of Romania no. 44 of March 6, 1991

The Romanian Parliament adopts the following law.

*) Republished in accordance with Article 21 of Government Emergency Ordinance no. 5/2010, which pertains to the creation, structure, and operation of the National Authority for Citizenship. This ordinance was published in the Official Gazette of Romania, Part I, number 93, dated February 10, 2010, and subsequently amended and approved by Law no. 112/2010. The amended version was published in the Official Gazette of Romania, Part I, number 405, dated June 17, 2010, resulting in the renumbering of the texts.

     Romanian Citizenship Law no. 21/1991 was also republished in the Official Gazette of Romania, Part I, no. 98 of March 6, 2000, and later it was amended and supplemented by:

     - Government Ordinance no. 84/2001 regarding the establishment, organization and functioning of public community services for the registration of persons, published in the Official Gazette of Romania, Part I, no. 544 of September 1, 2001, approved with amendments and additions by Law no. 372/2002, published in the Official Gazette of Romania, Part I, no. 447 of June 26, 2002, with subsequent amendments and additions;

     - Government emergency ordinance no. 167/2001 regarding the suspension of the application of the provisions of art. 35 of the Romanian Citizenship Law no. 21/1991, republished, published in the Official Gazette of Romania, Part I, no. 802 of December 14, 2001, approved by Law no. 225/2002, published in the Official Gazette of Romania, Part I, no. 290 of April 29, 2002;

     - Government emergency ordinance no. 68/2002 for the amendment and completion of the Romanian Citizenship Law no. 21/1991, published in the Official Gazette of Romania, Part I, no. 424 of June 18, 2002, approved with amendments by Law no. 542/2002, published in the Official Gazette of Romania, Part I, no. 726 of October 4, 2002;

     - Government emergency ordinance no. 160/2002 regarding the suspension of the application of some provisions of the Romanian Citizenship Law no. 21/1991, published in the Official Gazette of
of Romania, Part I, no. 850 of November 25, 2002, approved with amendments by Law no. 165/2003, published in the Official Gazette of Romania, Part I, no. 305 of May 7, 2003;

     - Government emergency ordinance no. 43/2003 for the amendment and completion of the Romanian Citizenship Law no. 21/1991, published in the Official Gazette of Romania, Part I, no. 399 of June 9, 2003, approved with amendments by Law no. 405/2003, published in the Official Gazette of Romania, Part I, no. 721 of October 15, 2003;

     - Law no. 248/2003 for completing the Romanian Citizenship Law no. 21/1991, republished, published in the Official Gazette of Romania, Part I, no. 414 of June 13, 2003;

     - Government emergency ordinance no. 87/2007 to amend the Romanian Citizenship Law no. 21/1991, published in the Official Gazette of Romania, Part I, no. 634 of September 14, 2007, approved with amendments and additions by Law no. 70/2008, published in the Official Gazette of Romania, Part I, no. 283 of April 11, 2008;

     - Government emergency ordinance no. 147/2008 for the amendment and completion of the Romanian Citizenship Law no. 21/1991, published in the Official Gazette of Romania, Part I, no. 765 of November 13, 2008, approved with amendments and additions by Law no. 171/2009, published in the Official Gazette of Romania, Part I, no. 321 of May 14, 2009;

     - Government emergency ordinance no. 36/2009 for the amendment and completion of the Romanian Citizenship Law no. 21/1991, published in the Official Gazette of Romania, Part I, no. 259 of April 21, 2009, approved with amendments and additions by Law no. 354/2009, published in the Official Gazette of Romania, Part I, no. 781 of November 16, 2009.

     CHAPTER I

     General dispositions

     ART. 1

     (1) Romanian citizenship is the connection and membership of a natural person to the Romanian state.

     (2) Romanian citizens are equal before the law; only they will be admitted to civil and military public positions.

     (3) Romanian citizens enjoy the protection of the Romanian state.

    ART. 2

     The ways of acquiring and losing Romanian citizenship are those provided for in this law.

    ART. 3

     The conclusion, declaration of nullity, annulment or dissolution of marriage between a Romanian citizen and a foreigner does not affect the citizenship of the spouses.

     CHAPTER II

     Acquisition of Romanian citizenship

     ART. 4

     Romanian citizenship is acquired through:

     a) birth;

     b) adoption;

     c) grant upon request.

     A. By birth

     ART. 5

     (1) Children born on the territory of Romania, to parents who are Romanian citizens, are Romanian citizens.

     (2) Romanian citizens are also those who:

     a) were born on the territory of the Romanian state, even if only one of the parents is a Romanian citizen;

     b) were born abroad and both parents or only one of them has Romanian citizenship.

     (3) The child found on the territory of the Romanian state is considered a Romanian citizen, until proven otherwise, if neither of the parents is known.

     B. By adoption

ART. 6

     (1) Romanian citizenship is acquired by the foreign or stateless child through adoption, if the adopters are Romanian citizens. If the adopted person is of age, his consent is required.

     (2) If only one of the adopters is a Romanian citizen, the citizenship of the adopted minor will be decided, by mutual agreement, by the adopters. If the adopters do not agree, the court competent to approve the adoption will decide on the minor's citizenship, taking into account his interests. In the case of the child who has reached the age of 14, his consent is required.

     (3) If the adoption is made by a single person, and this person is a Romanian citizen, the minor acquires the citizenship of the adopter.

     ART. 7

     (1) In case of declaration of nullity or annulment of adoption, the child who has not reached the age of 18 is considered to have never been a Romanian citizen, if he resides abroad or if he leaves the country to reside abroad.

     (2) In case of the termination of the adoption, the child who has not reached the age of 18 loses the Romanian citizenship on the date of the termination of the adoption, if he resides abroad or if he leaves the country to reside abroad.

     C. By granting on request

     ART. 8

     (1) Romanian citizenship can be granted, upon request, to a person without citizenship or to a foreign citizen, if he meets the following conditions:

     a) was born and resides, on the date of the application, on the territory of Romania or, although he was not born on this territory, he resides under the law on the territory of the Romanian state for at least 8 years or, if he is married and cohabits with a citizen Romanian, for at least 5 years from the date of marriage;

b) proves, through behavior, actions and attitude, loyalty to the Romanian state, does not undertake or support actions against the legal order or national security and declares that he has not undertaken such actions in the past either;

     c) has reached the age of 18;

     d) has secured legal means for a decent existence in Romania, under the conditions established by the legislation on the regime of foreigners;

     e) is known for good behavior and has not been convicted in the country or abroad for a crime that makes him unworthy of being a Romanian citizen;

     f) knows the Romanian language and possesses elementary notions of Romanian culture and civilization, to a sufficient extent to integrate into social life;

     g) knows the provisions of the Romanian Constitution and the national anthem.

     (2) The terms provided for in para. (1) lit. a) can be reduced up to half in the following situations:

     a) the applicant is an internationally recognized personality;

     b) the applicant is a citizen of a member state of the European Union;

     c) the applicant has acquired refugee status according to the legal provisions in force;

     d) the applicant has invested in Romania sums exceeding 1,000,000 euros.

     (3) If the foreign citizen or stateless person who requested to be granted Romanian citizenship is outside the territory of the Romanian state for a period of more than 6 months during a year, that year is not taken into account when determining the period provided for in para. (1) lit. a).

     ART. 9

     (1) A child born to foreign or stateless parents and who has not reached the age of 18 acquires Romanian citizenship together with his parents.

     (2) If only one of the parents acquires Romanian citizenship, the parents will decide, by mutual agreement, regarding the child's citizenship. If the parents do not agree, the court at the minor's domicile will decide, taking into account his interests. In the case of the child who has reached the age of 14, his consent is required.

(3) The child acquires Romanian citizenship on the same date as his parent.

     (4) If the minor has acquired Romanian citizenship under the conditions of para. (1) or (2) and was not included in the parent's citizenship certificate or was not issued a citizenship certificate according to the provisions of art. 20 para. (5) or (7), the parents or, as the case may be, the parent, Romanian citizens, may request the transcription or registration in the Romanian civil status registers of the civil status certificates or extracts issued by foreign authorities under the conditions of Law no. 119/1996*) regarding civil status documents, republished.

     (5) The child who has reached the age of 14 can apply in his own name for the transcription or registration of the certificate or birth certificate. In this case, proof of the minor's citizenship is made with the identity card or passport issued/issued by the Romanian authorities to the parent or with the certificate provided for in art. 20 para. (4).

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     *) Law no. 119/1996 regarding civil status documents was republished in the Official Gazette of Romania, Part I, no. 743 of November 2, 2009.

     ART. 10

     (1) Romanian citizenship can also be granted to persons who have lost this citizenship, as well as to their descendants up to the second degree inclusive and who request its reacquisition, with the preservation of foreign citizenship and the establishment of domicile in the country or with maintaining it abroad, if they fulfill in accordingly the conditions provided for in art. 8 para. (1) lit. b) - e).

     (2) The provisions of para. (1) also applies to stateless former Romanian citizens and their descendants up to degree II inclusive.

     (3) The reacquisition of citizenship by one of the spouses has no consequence on the citizenship of the other spouse. The foreign citizen or stateless spouse of the person who regains Romanian citizenship may request the granting of Romanian citizenship under the conditions of this law.

     ART. 11

(1) Persons who acquired Romanian citizenship by birth or adoption and who lost it for reasons not attributable to them or this citizenship was taken away from them without their consent, as well as their descendants up to the third degree, upon request, may reacquire or they can be granted Romanian citizenship, with the possibility of keeping foreign citizenship and establishing domicile in the country or maintaining it abroad, if they meet the conditions provided for in art. 8 para. (1) lit. b), c) and e).

     (2) The provisions of art. 10 para. (2) and (3) shall apply accordingly.

     CHAPTER III

     The procedure for granting Romanian citizenship

     ART. 12

     The approval of applications for granting or reacquiring Romanian citizenship is done by order of the president of the National Citizenship Authority, based on the proposals of the Citizenship Commission.

     ART. 13

     (1) The application for granting or, as the case may be, for the reacquisition of Romanian citizenship shall be formulated in Romanian, addressed to the Citizenship Commission and submitted in person or, in well-justified cases, by proxy with a special and authentic power of attorney at the headquarters of the National Authority for Citizenship, being accompanied by documents that prove the fulfillment of the conditions provided by this law.

     (2) Requests for regaining or granting Romanian citizenship based on the provisions of art. 10 para. (1) and art. 11 can also be submitted to diplomatic missions or consular offices of Romania. If the applications were submitted to diplomatic missions or consular offices of Romania, they will be sent immediately to the Commission for citizenship within the National Authority for Citizenship.

     ART. 14

     (1) The Commission for Citizenship, hereinafter referred to as the Commission, an entity without legal personality within the National Authority for Citizenship, verifies fulfilling the conditions provided by law for granting, reacquiring, withdrawing or renouncing Romanian citizenship.

     (2) The commission has a technical secretariat established within the National Authority for Citizenship.

     (3) The members of the Commission and its president are appointed by order of the Minister of Justice, for a term of 2 years, and may be revoked for the entire term of office by order of the Minister of Justice.

     (4) The commission has permanent activity, it is formed by a president and 20 members, personnel from the National Authority for Citizenship. The works of the Commission are not public, they take place in the presence of at least 3 members and are presided over by the president, and in his absence, by a member appointed by him.

     (5) The fulfillment or, as the case may be, the non-fulfillment of the conditions provided by the law for the granting or reacquisition of Romanian citizenship is ascertained through a reasoned report, which is adopted by the Commission with the vote of the majority of those present. In case of a tie, the vote of the President of the Commission or his substitute is decisive.

     ART. 15

     (1) The application for granting or reacquiring citizenship is registered at the technical secretariat of the Commission. If he finds the lack of documents necessary to resolve the request, the President of the Commission requests, by resolution, the completion of the file. If, within no more than 6 months from the receipt of the request, the necessary documents are not submitted, the request will be rejected as unsupported.

     (2) The President of the Commission, by resolution, establishes the term at which the request for the granting or reacquisition of citizenship will be debated, at the same time ordering the request for relations from any authorities regarding the fulfillment of the conditions provided for in art. 8 para. (1) lit. b) and e).

     (3) At the deadline set for debating the request, the Commission verifies the fulfillment of the conditions necessary for granting or reacquiring citizenship, except for the conditions provided for in art. 8 para. (1) lit. f) and g).

(4) If the Commission finds the need to hear some persons who could provide useful information in order to resolve the request, it orders their summons, establishing a new deadline.

     (5) If the conditions for granting Romanian citizenship are met, the Commission establishes, within a term that will not exceed 6 months, the appointment of the person for the interview organized to verify the conditions provided for in art. 8 para. (1) lit. f) and g).

     ART. 16

     (1) The application for granting or reacquiring Romanian citizenship, formulated according to art. 11, is registered at the technical secretariat of the Commission.

     (2) The President of the Citizenship Commission, by resolution, orders:

     a) requesting relations from any authorities regarding the fulfillment of the conditions provided for in art. 8 para. (1) lit. b) and e);

     b) completion of the file, within no more than two months from the receipt of the request by the technical secretariat of the Commission by the petitioner, in the event that the lack of documents necessary to resolve the request is found, under penalty of rejection of the request as unsupported;

     c) setting the deadline at which the Commission will verify the fulfillment of the necessary conditions for granting or reacquiring Romanian citizenship according to art. 11, term that will not exceed 5 months from the date of registration of the application.

     ART. 17

     (1) If the conditions required by law for granting or reacquiring citizenship are not met, as well as if the interview provided for in art. 15 para. (5) or unjustifiably not appearing, the Commission, through a reasoned report, proposes to the president of the National Authority for Citizenship the rejection of the request.

     (2) A new application for granting or reacquiring Romanian citizenship can be submitted after 6 months from the rejection of the previous application.

     ART. 18

(1) If the applicant is declared admitted to the interview, the Commission will draw up a report in which it will mention the meeting of the legal conditions for granting or, as the case may be, reacquiring citizenship.

     (2) The report, accompanied by the request for granting or reacquiring citizenship, will be submitted to the president of the National Authority for Citizenship.

     ART. 19

     (1) The President of the National Authority for Citizenship, finding that the conditions stipulated by this law have been fulfilled, issues the order granting or reacquiring Romanian citizenship, as the case may be. The order for granting or reacquiring Romanian citizenship is communicated to the applicant, by registered letter with confirmation of receipt, immediately from the date of issuance of the order.

     (2) In the event that the conditions stipulated by the law are not fulfilled, the president of the National Authority for Citizenship rejects, by order, the request for granting or reacquiring citizenship.

     (3) The order of the president of the National Authority for Citizenship granting or reacquiring Romanian citizenship, respectively the order rejecting the request for granting or reacquiring Romanian citizenship, is immediately communicated to the applicant, by registered letter with confirmation of receipt.

     (4) The order rejecting the request for granting or reacquiring Romanian citizenship can be challenged, within 15 days from the date of communication, at the Bucharest Court of Appeal, Administrative Litigation Section. The decision of the court of appeal is final and can be appealed to the Administrative Litigation Section of the High Court of Cassation and Justice.

     ART. 20

     (1) Romanian citizenship is granted or reacquired on the date of taking the oath of allegiance.

     (2) Within 3 months from the date of communication of the order of the President of the National Citizenship Authority to grant or reacquire Romanian citizenship, the persons who have been granted or have reacquired Romanian citizenship shall take the oath of allegiance to Romania.

(3) The oath of allegiance is submitted in a solemn meeting before the minister of justice and the president of the National Authority for Citizenship or one of the 2 vice-presidents of the authority delegated in this regard and has the following content:

     "I swear to be devoted to the homeland and the Romanian people, to defend national rights and interests, to respect the Constitution and laws of Romania."

     (4) After taking the oath, the Commission issues the certificate of Romanian citizenship, which will be drawn up in two copies, signed by the president of the National Citizenship Authority, one copy of which will be handed to the holder. Both copies of the certificate contain security features and have photos of the holder attached.

     (5) In the event that minor children acquire Romanian citizenship together with their parents or with one of them, they will be entered in the parents' citizenship certificate and do not take the oath.

     (6) The person who obtained Romanian citizenship under the conditions provided for in art. 10 and 11, while maintaining his domicile abroad, he will take the oath of allegiance before the head of the diplomatic mission or the consular office of Romania in the country where he resides, within the term provided for in paragraph (2). In this case, the certificate of Romanian citizenship will be issued by the head of the respective diplomatic mission or consular office.

     (7) If the child becomes of age during the process of resolving the application and until the date of acquisition of Romanian citizenship by the parents, he will take the oath and will be issued a separate citizenship certificate.

     ART. 21

     (1) Failure to submit, for reasons attributable to the person who obtained Romanian citizenship, the oath of allegiance, within the term stipulated in art. 20 para. (2), causes the termination of the effects of the order granting or reacquiring Romanian citizenship to the person in question.

     (2) The determination of the cessation of the effects of the order granting or reacquiring Romanian citizenship to persons who have not taken the oath under the conditions of the law is made by the president of the National Authority for Citizenship, upon notification of the specialized department within the authority, or, as the case may be, by the head of the diplomatic mission or consular office.

(3) The person who dies before taking the oath of allegiance to Romania is recognized as a Romanian citizen, at the request of his legal successors, from the date of issuing the order of the President of the National Citizenship Authority granting or reacquiring Romanian citizenship, to be released the certificate of citizenship by the Commission. The application can be submitted within one year from the date of death of the holder of the application for granting or reacquiring Romanian citizenship.

     (4) The person who cannot take the oath of allegiance to Romania due to a permanent disability or a chronic illness obtains Romanian citizenship from the date of issuing the order of the President of the National Authority for Citizenship granting or, as the case may be, reacquiring Romanian citizenship, on the basis of the request and the medical documents, submitted in this regard, personally or through the legal or conventional representative with a special mandate, until the date of completion of the procedure for granting or, as the case may be, reacquiring citizenship. The request addressed to the Commission regarding the issuance of the citizenship certificate can be made within one year from the date of the notification of the deadline for submitting the oath of allegiance. Failure to submit the application within the one-year term causes the termination of the effects of the order of the president of the National Authority for Citizenship granting or reacquiring Romanian citizenship.

     CHAPTER IV

     Proof of Romanian citizenship

     ART. 22

     (1) Proof of Romanian citizenship is made with the identity card or, as the case may be, with the identity card, passport or with the certificate provided for in art. 20 para. (4).

     (2) The citizenship of the child up to the age of 14 is proven with his birth certificate, accompanied by the bulletin or identity card, as the case may be, or the passport of any of the parents.

     (3) If the child is registered in the passport of one of the parents or, as the case may be, in the identity card, the proof of citizenship is made with any of these documents.

    ART. 23

     In case of need, diplomatic missions or consular offices of Romania issue, upon request, proof of citizenship for Romanian citizens abroad.

     CHAPTER V

     Loss of Romanian citizenship

     ART. 24

     Romanian citizenship is lost through:

     a) withdrawal of Romanian citizenship;

     b) approval of renunciation of Romanian citizenship;

     c) in other cases provided by law.

     A. By withdrawing Romanian citizenship

     ART. 25

     (1) Romanian citizenship can be revoked to the person who:

     a) being abroad, commits particularly serious acts that harm the interests of the Romanian state or damage the prestige of Romania;

     b) being abroad, enlists in the armed forces of a state with which Romania has broken diplomatic relations or with which it is at war;

     c) obtained Romanian citizenship through fraudulent means;

     d) is known to have links with terrorist groups or has supported them, in any form, or committed other acts that endanger national security.

     (2) Romanian citizenship cannot be withdrawn from the person who acquired it by birth.

     ART. 26

     The withdrawal of Romanian citizenship does not affect the citizenship of the spouse or children of the person whose citizenship was withdrawn.

    B. By approving the renunciation of Romanian citizenship

    ART. 27

     For valid reasons, the renunciation of Romanian citizenship can be approved for a person who has reached the age of 18 and who:

     a) is not accused or indicted in a criminal case or does not have a criminal sentence to be executed;

     b) is not prosecuted for debts to the state, natural or legal persons in the country or, having such debts, pays them or presents appropriate guarantees for their payment;

     c) has acquired or requested and has the assurance that he will acquire another citizenship.

     ART. 28

     (1) The loss of Romanian citizenship through the approval of the renunciation does not produce any effect on the citizenship of the spouse or minor children.

     (2) However, if both parents obtain approval to renounce Romanian citizenship, and the minor child is with them abroad or leaves the country with them, the minor loses Romanian citizenship together with his parents, and if they have lost Romanian citizenship on different dates, on the last of these dates. The minor child who, in order to live abroad, leaves the country after both parents have lost their Romanian citizenship, loses their Romanian citizenship on the date of their departure from the country.

     (3) The provisions of para. (2) shall also be applied in the event that only one of the parents is known or is alive.

     (4) The minor child, entrusted by a court decision to the parent who is domiciled abroad and who renounces his citizenship, loses his Romanian citizenship on the same date as the parent to whom he was entrusted and with whom he lives, provided the consent of the other parent, a Romanian citizen, is obtained.

     (5) In the situations provided for in para. (2) - (4) consent is required from the child who has reached the age of 14.

     C. Other cases of loss of Romanian citizenship

     ART. 29

(1) The minor child, a Romanian citizen, adopted by a foreign citizen, loses the Romanian citizenship, if, at the request of the adopter or, as the case may be, the adopters, acquires their citizenship under the conditions provided by the foreign law. Consent is required from minors who have reached the age of 14.

     (2) Date of loss of Romanian citizenship under the conditions of para. (1) is the date the minor acquires the adopter's citizenship.

     (3) In case of declaration of nullity or annulment of adoption, the child who has not reached the age of 18 is considered to have never lost Romanian citizenship.

     ART. 30

     (1) In the situation provided for in art. 5 para. (3) the found child loses his Romanian citizenship, if by the time he reaches the age of 18, his parentage has been established with both parents, and they are foreign citizens.

     (2) Romanian citizenship is also lost in the event that filiation was established only with a foreign citizen parent, the other parent remaining unknown.

     (3) Date of loss of Romanian citizenship under the conditions of para. (1) and (2) is the date of establishment of the child's parentage.

     CHAPTER VI

     The process of renouncing Romanian citizenship and obtaining approval for such renunciation

     ART. 31

     (1) The request to renounce Romanian citizenship, accompanied by the supporting documents provided for in art. 27, is submitted to the technical secretariat of the Commission or to the diplomatic missions or consular offices of Romania in the country where the applicant has his domicile or residence.

     (2) If he finds the lack of documents necessary to resolve the request, the president of the Commission requests, by resolution, the completion of the file. If, within no more than 6 months from the communication, the necessary documents are not sent, the application will be rejected as unsupported.

(3) If the file contains all the documents necessary to resolve the request to renounce Romanian citizenship, the President of the Commission, by resolution, orders the request for relations from any authorities regarding the fulfillment of the condition provided for, as the case may be, in art. 27 lit. a) and b).

     (4) The President of the National Authority for Citizenship orders, by order, the approval or, as the case may be, the rejection of the request to renounce Romanian citizenship, based on the Commission's report, through which it ascertains the fulfillment or non-fulfillment of the conditions provided for in art. 27.

     (5) The order of the president of the National Authority for Citizenship approving or, as the case may be, rejecting the request to renounce Romanian citizenship is communicated to the applicant by registered letter with confirmation of receipt.

     (6) The order rejecting the request to renounce Romanian citizenship can be challenged, within 15 days from the date of communication, at the Bucharest Court of Appeal. The decision of the court of appeal is final and is subject to appeal to the Administrative Litigation Section of the High Court of Cassation and Justice.

     (7) The loss of Romanian citizenship by renunciation takes place on the date of issuance of the certificate of renunciation of Romanian citizenship.

     (8) The proof of renunciation of Romanian citizenship is made with a certificate issued by the secretariat of the Commission, for persons domiciled in Romania, or by the diplomatic missions or consular offices of Romania, for persons domiciled or residing abroad, based on the order of the president of the National Authority for Citizenship.

     ART. 32

     (1) Any authority or person who is aware of the existence of a reason for the withdrawal of Romanian citizenship may notify the Commission in writing, having the obligation to present the evidence at his disposal.

     (2) The President of the Commission establishes, by resolution, the term at which the notice of withdrawal will be debated, ordering at the same time:

a) requesting the point of view of the competent authorities regarding the fulfillment of the legal conditions regarding the withdrawal of citizenship;

     b) inviting the person who made the notification, as well as any person who could provide useful information to resolve the request;

     c) summoning the person in question to the known domicile or, if this is not known, by publishing the summons in the Official Gazette of Romania, Part III. The summoning of the person takes place at least 6 months before the deadline set for debating the referral.

     (3) At the deadline set for debating the referral, the Commission verifies the fulfillment of the necessary conditions for the withdrawal of Romanian citizenship. It hears the persons cited according to para. (2) lit. b), as well as the person in question. The absence of the legally summoned person does not prevent the Romanian citizenship withdrawal procedures.

     (4) If it finds that the legal conditions for the withdrawal of Romanian citizenship have been fulfilled or, as the case may be, the non-fulfillment, the Commission will propose to the president of the National Authority for Citizenship, through a reasoned report, the approval of the withdrawal of the Romanian citizenship or, as the case may be, the rejection of the notification.

     (5) The President of the National Authority for Citizenship, finding that the conditions provided by the law have been fulfilled, issues the order to withdraw Romanian citizenship, respectively to reject the notice of withdrawal of citizenship, in the event that he finds that the conditions provided by the law have not been met.

     (6) The order of the president of the National Authority for Citizenship to admit or reject the notice of withdrawal of citizenship is communicated to the person in question, as well as to the person who made the notice, by registered letter with confirmation of receipt.

     (7) The order can be challenged, within 15 days from the date of communication, at the administrative litigation section of the court of appeal at the domicile or, as the case may be, the residence of the applicant. If the applicant is not domiciled or resident in Romania, the order can be challenged, within the same term, at the Administrative Litigation Section of the Bucharest Court of Appeal. The decision of the court of appeal is final and irrevocable.

(8) The loss of Romanian citizenship through revocation takes place on the date of issuing the order of the president of the National Authority for Citizenship approving the revocation of Romanian citizenship.

     CHAPTER VII

     Final and transitional provisions

     ART. 33

     Individuals who obtained and maintained this citizenship under the previous legislation are, and continue to be, citizens of Romania.

     ART. 34

     (1) Applications for the granting of Romanian citizenship and the approval of renunciation of Romanian citizenship are subject to a fee provided by law.

     (2) By way of derogation from the provisions of para. (1), regaining Romanian citizenship according to art. 10 para. (2) and art. 11 is exempt from paying the fees provided by law.

     ART. 35

     Individuals who have been awarded Romanian citizenship, in accordance with the law, possess all the rights and freedoms, along with the responsibilities stipulated by the Constitution and the laws of the country applicable to Romanian citizens.

     ART. 36

     (1) Romanian citizenship with the title of "honorary citizenship" can be granted to foreigners for special services rendered to the country and the Romanian nation, at the proposal of the Government, without any other formality, by the Romanian Parliament.

     (2) Persons who have acquired honorary citizenship enjoy all the civil and political rights recognized by Romanian citizens, with the exception of the right to elect and be elected and to hold a public office.

     ART. 37

      In cases where the approval of the other parent or the minor aged 14 or above is necessary, it should be provided through an official declaration made before a notary public or, if abroad, at the diplomatic missions or consular offices of Romania."

     ART. 38

     (1) This law enters into force 30 days after its publication in the Official Gazette of Romania.

     (2) Claims pending at the date of entry into force of this law will be resolved in accordance with its provisions. The conditions for acquiring Romanian citizenship remain subject to the regulations in force on the date of submission of the application.

     ART. 39

     Upon the commencement of this law, Law no. 24/1971 - Romanian Citizenship Law, Decree-Law no. 137/1990 concerning certain aspects of Romanian citizenship, and the stipulations outlined in Article 3 and Article 8 of Decree-Law no. 7/1989 pertaining to the repatriation of Romanian citizens and former Romanian citizens, along with any other conflicting provisions, shall cease to be effective.

     NOTE:

     We reproduce below provisions that are not incorporated in the republished form of Law no. 21/1991 and which apply, further, as own provisions of the amending acts:

     1. Art. IV of the Government Emergency Ordinance no. 87/2007 to amend the Romanian Citizenship Law no. 21/1991:

     "ART. IV

     Letter n) of Article 11 of Law no. 90/2001 regarding the organization and functioning of the Government of Romania and the ministries, published in the Official Gazette of Romania, Part I, no. 164 of April 2, 2001, with subsequent amendments and additions, is repealed."

     2. Art. II of Law no. 354/2009 regarding the approval of the Government's Emergency Ordinance no. 36/2009 for the amendment and completion of the Romanian Citizenship Law no. 21/1991:

     "ART. II*)

     Commencing January 1, 2010, the registration of applications for the reacquisition or granting of Romanian citizenship, as outlined in Article 10^1 of the Romanian Citizenship Law no. 21/1991 (republished with subsequent amendments and additions), will be facilitated through territorial offices established under the National Authority for Citizenship.

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     *) Art. II was amended by Government Emergency Ordinance no. 5/2010 for the establishment, organization and functioning of the National Authority for Citizenship, published in the Official Gazette of Romania, Part I, no. 93 of February 10, 2010.

     **) Art. 10^1 became following the renumbering of art. 11.

*** The information provided about the Romanian Citizenship law has been specifically translated for the "Citizenship-Index" website. This translation does not replace the original Romanian law, and it does not hold any legal status. It is the exclusive property of the "Citizenship-Index" website, and no portion of it may be copied, duplicated, distributed, stored in any database, publicly presented, or transferred to a third party without the prior written consent of the website owners.