International documents regarding the protection of asylum seekers and refugees
Convention relating to the status of refugees, Geneva 1951
Protocol relating to the status of refugees, New York 1967
EU legal materials on asylum procedure
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof
Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seeker
Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification
Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents
Council Directive 2004/83/ of 29 April 2004
Council Directive 2005/85/EC of 1 december 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status
Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a thirdcountry national (Dublin Regulation)
National legislation
Romanian Constitution
Law no. 21/1991 updated, on Romanian citizenship
Rule no. 137/2000 on preventing and sanctioning all forms of discrimination
Law no. 48/2002 for the approaval of Rule no.137/2000 on preventing and sanctioning all forms of discrimination
Order no. 291/2002 to modify the Order of the Interior Minister no. 158/2001 regarding the list of third safe countries
Rule no. 194 /2002 (*updated*) concerning the legal status of foreigners in Romania
Rule no. 77/2003 to modify and to complete the Rule no 137/2000 on preventing and sanctioning all forms of discrimination
Law no. 39/2003 on preventing and combating organized crime
Order no. 510/2003 to introduce internal border regime at airports in Romania
Law no. 185/2004 for the approval of Rule no. 44/2004 regarding the social integration of foreigners who have acquired a form of protection in Romania
Law no. 474/2004 for the approval of Rule no. 73/2004 to abolish art.11 paragraph 2 from Rule no. 44/2004
Law no. 482/2004 to modify and to complete Government Emergency Rule no 194/2002 concerning the legal status of foreigners in Romania
Rule no. 44/2004 regarding the social integration of foreigners who have acquired a form of protection in Romania
Rule no. 113/2005 to modify and to complete Government Emergency Rule no. 194/2002 concerning the legal status of foreigners in Romania
Law no. 122/2006 regarding asylum in RomaniaProvision no. 1.251 of 13 September 2006
Law no. 157/2011 to modify and to complete legal provisions concerning the legal status of foreigners in Romania
Rule no. 41/2006 to modify and to complete Rule no. 44/2004
Law no. 280/2010 to modify and to complete Law no. 122/2006 regarding asylum in Romania
Main international legal instruments on human rights and trafficking in persons adopted by Romania
UN Convention against transnational organized crime adopted on November 15, 2000, in New York, ratified by Law 565/2002 On 14 December 2000, in Palermo, Romania signed the UN Convention against transnational organized crime and its two protocols adopted on November 15 2000, in New York:
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention on Transnational Organized Crime;
UN Protocol on Smuggling of Migrants on Land, Air and Sea, supplementing the UN Convention against Transnational Organized Crime.
Council of Europe Convention on Action against Trafficking in Human Beings, signed by Member States of the Council of Europe on May 16 2005, in Warsaw, ratified by Law 300/2006.
EU plan on best practices, standards and procedures for combating and preventing trafficking in human beings, published in the EU Official Journal of 9.12.2005
International legal instruments concerning the rights of the child, trafficking in children and fight against any form of child exploitation
Convention on the Rights of the Children adopted on 20.11.1989 by the UN General Assembly, entry into force 1990, ratified by Romanian Law 18/1990.
International Labor Organization Convention no. 182/1999 on Worst Forms of Child Labor adopted by the General Conference of the International Labor Organization at its eighty-seventh session in Geneva, 1999, ratified by Law 203/2000 and the Optional Protocol to the Convention on the rights of the child, sale of the child and child prostitution and pornography (2001), published in the Official Journal 601/27.09.2001, part I.
The EU Acquis with reference to trafficking of human beings includes the following instruments
Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography. OJ L 13, 20.1.2004, page. 44.
Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings. OJ L 203, 1.8.2002, p. 1-4;
Council Decision 2001/87/EC of 8 December 2000 on the signing, on behalf of the European Community, of the United Nations Convention against transnational crime and its Protocols on combating trafficking in persons, especially women and children, and the smuggling of migrants by land, air and sea. OJ L 030, 01/02/2001, P 44;
09/06/2000. 32000D0375.Council Decision of 29 May 2000 to combat child pornography on the Internet. OJ L 138, 09/06/2000 page 1-4;
Council Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings. Pursuant to Title VI of the Treaty on European Union, the Decision provides the victims of criminal acts the right to claim compensation by the offender in the course of criminal proceedings;
Council Directive 2004/80/EC of 29 April 2004 relating to compensation of victims of crime;
European Convention on the compensation of victims of violent crimes (Strasbourg, 24.XI.1983;
Recommendation N° R (85) 11 on the position of the victim in the framework of criminal law and procedure;
EC Communication – “Victims of crime in EU- Reflections on standards and actions” (14 July 1999)
EU Green Paper on compensation to crime victims, 28.09.2001
Main national legal instruments on trafficking in persons
Law 678/2001 on preventing and combating trafficking in human beings, subsequently amended and supplemented;
Government Decision 299/2003 to approve Standard Rules for Application of Law 678/2001 on 2001 on preventing and combating trafficking in human beings ;
Government Decision 1654/2006 to approve the National Strategy against trafficking in persons 2006-2010;
Government Decision 1720/2006 to approve the National Action Plan 2006 – 2007 for the implementation of the National Strategy against Trafficking in Persons 2006 – 2010;
Government Decision 1238/2007 to approve the specific National Standards for Specialized Assistance Services provided to trafficking victims;
Government Decision 982/2008 to approve the National Action Plan 2008-2010 for the implementation of the National Strategy against Trafficking in Persons 2006 – 2010;
Joint Order by competent ministers and agency presidents – Ministry of Interior and Administration Reform, Ministry of Education, Research and Youth, Ministry of Public Health, Ministry of Labor, Family and Equal Opportunities, National Authority for the Protection of Child Right, National Agency for Gender Equality, National Agency for Employment, National Agency for Roma – to set up, organize and bring into operation the Thematic Working Group to nationally co-ordinate activities for the protection of and assistance to victims of trafficking. The document was published in the Official Journal 799/23.11.2007;
Joint Order by relevant ministers – Ministry of Interior and Administration Reform, Ministry of Education, Research and Youth, Ministry of Public Health, Ministry of Labor, Family and Equal Opportunities, Ministry of Foreign Affaires, Ministry of Justice- president of the National Authority for the Protection of Child Right and the Prosecutor General, to approve the National Victim Identification and Referral Mechanism, published in the Romanian Official Journal 849/17.12.2008, part I;
ANITP President Decision 4/2007, published in the Official Journal 837/6.12.2007, to approve assessment and authorization indicators of trafficking in persons preventive projects;
ANITP President Decision 1/2007, published in the Official Journal 749/5.11.2007, to approve the National Interest Program to improve protection of and assistance to victims and the Methodology to grant funds for the development of specific projects within the National Interest Program;
ANITP President Decision 2/2008, published in the Official Journal 132/20.02.2008, to approve the National Interest Program to improve protection of and assistance to victims and the Methodology to grant funds for the development of specific projects within the National Interest Program.
Legal national instruments and special provisions with reference to trafficking in children, rights of the child and fight against any form of child exploitation
Law 272/2004 on the protection and promotion of the rights of the child;
Government Decision 1443/2004 with regard to the methodology for repatriation of unaccompanied Romanian children outside the country and measures to ensure their special protection;
Joint Order 123-429/2004 of the National Authority for Child Protection and Adoption and Ministry of Administration and Interior, (Official Journal, 6 December 2004);
Government Decision 1295/2004 to approve the National Action Plan on preventing and combating trafficking in children;
Government Decision 1769/2004 on the approval of the National Plan of Action to eliminate child labor exploitation;
Government Decision 1504/2004 on the approval of the National Action Plan to prevent and combat sexual abuse and commercial sexual exploitation of children
Other legal national instruments in respect of trafficking in persons
Law 211/2004 concerning measures to ensure protection to victims of crime
Law 302/2004 on international judicial co-operation in criminal matters
Law 508/2004 concerning the organization and operation of the Directorate for the Investigation of Organized Crime and Terrorism related Offences within the Prosecutor’s Office of the High Court of Cassation and Justice
Law 39/2003 on prevention and combat of organized crime
Law 47/2006 on the National Social Welfare System