Romanian citizenship
| Romanian Citizenship Act | |
|---|---|
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| Parliament of Romania | |
| An Act relating to Romanian citizenship | |
| Enacted by | Government of Romania |
| Status: Current legislation | |
The Romanian nationality law addresses specific rights, duties, privileges, and benefits between Romania and the individual. Romanian nationality law is based on jus sanguinis ("right of blood"). Current citizenship policy in Romania is in accordance with the Romanian Citizenship Law, which was adopted by the Romanian Parliament on March 6, 1991, and the Constitution of Romania, which was adopted on November 21, 1991.
Romania was under communist rule between 1947 and 1989. During the early phases of communism, the principles of Jus Sanguinis were emphasized and a strong sense of nationalism was demanded of all Romanian citizens. International migration was rigorously controlled by the regime and the population was under strict observation. The 1971 Law on Romanian Citizenship upheld these principles and expressed the superiority of Romanian citizenship. “Law No. 24 on Romanian Citizenship of December 1971 stipulated that descendants of a Romanian woman were automatically ascribed Romanian citizenship, regardless of the father’s citizenship”. Article 5 of the Law reads: “As an expression of the relationship between parents and children, of the uninterrupted continuity on the fatherland of previous generations that fought for social and national freedom, children born from Romanian parents on the territory of the Socialist Republic of Romania are Romanian citizens.” The law also stipulates that “the president of the republic alone, as representative of the executive power..." could grant or withdraw Romanian citizenship.
Economic and socio-political crises of the 1980s brought with it a change in understanding Romanian homogeneity. Conflict arose between the Hungarian and Romanian nations and confusion between citizenship and national identity led to many questions regarding the boundaries of the nation and the rights of Hungarian minorities living in Romania. After the fall of communism in Eastern Europe in 1989, citizenship laws in Romania were redrafted in the newly formed constitution. Interactions between the citizenship policies of the various Eastern European countries led to new discussions regarding dual-citizenship, which had traditionally been forbidden for Romanian citizens.
Romanian nationality law is founded on the social policy of jus sanguinis by which nationality or citizenship is not determined by place of birth, but by the citizenship of one’s ancestor. It contrasts with jus soli ("right of soil"), in which citizenship is determined by one’s place of birth.
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