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President Klaus Iohannis sent, on Thursday, to the Constitutional Court of Romania (CCR) a notification of unconstitutionality on the Law for the amendment of art. 8 para. (1) letter. a) from the Romanian Citizenship Law no. 21/1991, told Agerpres.
The law regulates the introduction of a new case of acquisition of Romanian citizenship, upon request, by completing art. 8 para. (1) letter. a) from the Romanian Citizenship Law no. 21/1991. Thus, foreign citizens married to a Romanian citizen will also be able to acquire Romanian citizenship if they live together abroad for at least 10 years from the date of marriage and meet the other conditions provided by law.
"We consider that, through its normative content, the Law for the amendment of Article 8 paragraph (1) letter a) of the Romanian Citizenship Law No. 21/1991 violates a series of principles and constitutional provisions," says the head of state in the referral, showing that Parliament sent the normative act, with a view to promulgation, on December 5.
He indicates that the law stipulates that Romanian citizenship can be granted, upon request, to a stateless person or a foreign citizen if he or she "was born and resides, on the date of the request, on the territory of Romania or, although he or she was not born on this territory, he or she resides under the terms of the law on the territory of the Romanian state for at least 8 years or, if married and cohabiting with a Romanian citizen, for at least 5 years from the date of marriage, or is married and cohabiting abroad with a Romanian citizen, for at least 10 years from the date of marriage". The head of state appreciates that the phrase "is married and lives abroad with a Romanian citizen for at least 10 years from the date of marriage" lacks clarity and precision, contrary to constitutional requirements.
The head of state brings into discussion the jurisprudence of the CCR and the provisions of the Constitution, emphasizing that the constitutional principles provide substance to citizenship, both in in the sense of a legal institution regulated by an organic law, and in that of a legal condition.
President Iohannis requests the CCR to admit the notification of unconstitutionality and to find that the Law amending art. 8 para. (1) letter. a) from the Romanian Citizenship Law no. 21/1991 is unconstitutional.
