The Granting and Regaining of Romanian Citizenship in View of the Most Recent Changes of the Law No. 21/1991

Abstract

Following the violent protests in the Republic of Moldova against the Communist Party – governing since 2001 – that took place in April 2009, after the release of the parliamentary elections results, the Romanian Government has adopted the measure of simplifying the fundamental and formal conditions for regaining Romanian citizenship through Government Emergency Ordinance (GEO) No. 36/2009 for modifying and completing Law on Citizenship No. 21/1991. This measure is focusing particularly on the citizens of the Republic of Moldova who wish to be granted Romanian citizenship. By presenting the changes brought by GEO No. 36/2009, by comparing them to the other changes made to Law No. 21/1991 in 2007 and 2008, this article tries to answer the question of how the system of granting and regaining Romanian citizenship should be regulated, taking into account the Romanian accession to the European Union and the necessity to discard the consequences of the Ribbentrop – Molotov Pact, which was officially condemned by the Romanian Parliament in 1991. The de lege ferenda proposals made in this article have the purpose to make the system of acquiring Romanian citizenship more transparent and easier to explain to the entitled persons and to the European Union institutions monitoring the legal and illegal migration.