The Judicial Statute of Foreign Citizens who Unfold Economic Activities on Romania's Territory according to the Stipulations of Law No 300 June 28, 2004

AuthorConstantin Palade
PositionSenior Lecturer - University "Petru Maior" of Tîrgu Mures
Pages1-4

Page 1

European Union's citizens enjoy the freedom to unfold a commercial activity according to the human rights and to the national legislation, and this is because any citizen of the Union, whether a male or a female, has the right to circulate and to settle down on the territory of the member states.1

In the view of Romania's adhesion to the European Union and in order to harmonize the legislation with the community acquis, closing the negotiations for the chapter "The Commerce" meant the alignment of the commercial legislation to the Union's standards.

Law no 300 from June 28, 2004, regarding the authorization of natural persons and of family associations which unfold economic activities independently, settled the judicial regime of foreign citizens who carry on different activities on Romania' territory.

The citizens coming from the member states of the European Union and from the states belonging to the European Economic Area (Norway, Lichtenstein and Iceland) can unfold economic activities on Romania's territory either independently or organized in family associations.

The sphere of economic activities which can be carried on is extremely large, including all the domains, jobs and occupations, except for those settled in special laws. Annex 1 of Methodological norms for applying Law no 300 from 2004, approved by the decision of the government no 1776 from 2004, establishes in detail 425 activities coded in CAEN code, activities which we consider to belong to the series of commerce activities contained within art. 3 of the Commercial Code, being thus under the jurisdiction of the commercial stipulations. Page 2

The following kinds of economic activities can be unfolded: production and circulation of the goods, execution of different works, providing services. It is to be noticed that the activities mentioned in the CAEN Code from 0111 to 0502 are agricultural activities: cultivating cereals, vegetables, fruits etc, raising animals and birds, forestry and pisciculture.

The citizens coming from a member state of the European Union or belonging to the European Economic Area who unfold economic activities independently can be in one of the following situations:

  1. their place of residence is in Romania

    In this case, the foreign citizens of the states mentioned above enjoy the right of settlement, according to which they may carry on economic activities or they may constitute themselves in family associations on Romania's territory under the same terms as Romanian citizens.

    - they are already 18; - their medical condition allows them to carry on the activity for...

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