In Romania minors are regarded as unaccompanied minors if they are without parents, legal guardian or a person responsible, before entering or left alone after they entered Romania. In accordance with Romanian law, a relative or sibling can be the legal guardian. However, in practice this has never happened because it is considered to be in the best interest of a child to have a specialized person who knows the language and laws as representative.
In general the representative of an unaccompanied minor is an employee from the local branch of the National Authority for the Protection of Child Rights and Adoption. This is a specialized body in the Ministry of Labour. In rare cases the specialized personnel of approved NGOs can be the representative of an unaccompanied minor.
The Romanian authorities (Directorate for Asylum and Integration – General Inspectorate for Immigration) inform an unaccompanied minor about the Dublin III Regulation in accordance with article 4 and 5 of the Regulation. This interview is always held in the presence of the representative and with a translator. If the authorities find that there are indications that it is a Dublin case more questions on the topic will follow.
The Romanian authorities inform the representative of all actions that are taken on the basis of the Dublin III Regulation, for example about the time limits, the possibilities of the Dublin III Regulation and the continuation of a case. With regard to the way that Romania deals with incoming take-charge requests, the Romanian authorities have an agreement with the previously mentioned National Authority for the Protection of Child Rights and Adoption in case they want to assess whether a relative or family member is able to take care of an unaccompanied minor. Based on this evaluation/assessment the Romanian authorities take a decision on whether they will accept the responsibility for an unaccompanied minor or not. Romania does not transfer unaccompanied minors to other European Member States anymore, nor do they accept incoming take-charge requests from other European Member States, except for the situation of reunification foreseen by article 8 of the Dublin III Regulation. The basis for this is the judgment of CJEU of 6 June 2013 (C-648/11).
Advise for guardians
Guardians/representatives are advised to contact the Romanian authorities in case they assist an unaccompanied minor and want to learn more about a (possible) future in Romania. This applies to cases where an unaccompanied minor has a family member or relative in Romania. The Romanian authorities can contact the National Authority for Protection of Child Rights and Adoption. When a guardian wants to transfer relevant information about the development of a child to Romania, it is also advised to send it to the Romanian authorities as they know the relevant person to transfer the information to.
Directorate for Asylum and Integration
General Inspectorate for Immigration
Tudor Gociu Street 24A
sector 4, Bucharest
National Authority for the Protection of Child Rights and Adoption
Bulevardyl G-Rral Gheorghe Magheru 7
Sector 1, Bucharest