The Protection Granted to Refugees in Romania

AuthorAndy Pusca, Victoria Scripnic
The Immigrant’s Legal Status in International Law
The Immigrant’s Legal Status in International Law
The Protection Granted to Refugees in Romania
Andy Pușcă1, Victoria Scripnic2
Abstract: In this study we will extract from the norms referring to refugee status the types of protection that
can be granted to an asylum seeker in Romania and the necessary conditions for obtaining them. We will also
analyze the forms of protection in order to understand in detail the differences between them. Thus, in Law
no. 122 of 2006 on asylum in Romania are precisely specified three forms of protection that could be offered
to an asylum seeker. The legislator can recognize refugee status and may grant subsidiary o r temporary
protection. At the same ti me, the rights and obligations of the beneficiary of a certain form of protection will
be extracted from the existing rules. In this respect, it will be possible to differentiate b etween the asylum
seeker, the beneficiary of a form of p rotection and a foreigner who is not in the above-mentioned situations.
The difference between the first two categories of persons and the latter is presented in the national legislation
itself, the statute of which is separately regulated in distinct laws.
Keywords: refugee; protection; migration; asylum
1. Introduction
In general, a refugee, as provided for in the 1951 Convention, is a person who is in a situation of being
persecuted because of race, religion, nationality, belonging to a particular social group, or his political
opinions, as well as other grounds listed in national rules, causing fear for his and his family’s safety.
However, they can request asylum and other categories of people who are not considered refugees but
still need protection. However, the dilemma relates to explaining terms such as refugee, asylum and
protection in a larger context and trying to understand the differences between the forms of protection
generated by the situations in which category a person is.
Addressing this issue is not by chance, the interest in regulating the protection of the individual
refugee was generated by some international political events in which our country was also drawn as a
member of the European Union. Armed conflicts in the countries of the East have forced the civilian
population to seek protection, thus generating the arrival of a large wave of refugees in the territories
of the Member States, have created divergences within the European Union, in the context of
establishing a balance between Member States' efforts to receive such persons. The massive influx of
displaced persons and the refusal of the Member States to assume the responsibilities and
consequences of this reception have led to some drastic decisions by the European Union, with quotas
1 Associate Professor, PhD, Faculty of Law, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati
800654, Romania, Tel.: +40372361102, Corresponding author:
2 Tutor, PhD Student, University of European Studies of Moldova, Republic of Moldova, Address: Ghenadie Iablocikin 2/1
Str., Chisinau 2069, Republic of Moldova, Tel.: +373 22 509 122, E-mail:

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