ויתור על אזרחות (renuntare, סעיף 27)

תרחישים לדוגמה

התרחישים לדוגמה מוצגים באנגלית.

• ELIGIBLE — renunciation may be approved.

  Andrei meets all three Art 27 conditions: (a) no suspect/defendant status and no penalty to serve (lit. a, as amended L14/2025 pct 28); (b) no unsettled Romanian debts (lit. b); (c) already holds another citizenship (German) so no statelessness arises (lit. c) [RO-EVID-022, RO-EVID-088]. Being a birth citizen is NO bar — Art 25(2) prevents WITHDRAWAL of birth citizenship but does not prevent voluntary RENUNCIATION (VC-RO-F-35/F-41) [RO-EVID-087]. He files via the Romanian consulate in Germany; the ANC President (non-delegable order, OUG 5/2010 art. 9(3)) approves on the Commission's proposal. Loss takes effect on issuance of the adeverinta de renuntare. Approval remains subject to the discretionary 'motive temeinice' gate, so it is permitted, not automatic.

• CONDITIONALLY ELIGIBLE — application admissible on the assurance, but loss does NOT take effect until the foreign citizenship is actually acquired.

  Art 27 lit. c) is satisfied by either having acquired OR having applied for and being assured of acquiring another citizenship [RO-EVID-022]. Bianca's assurance letter satisfies admissibility of condition (c). However, the anti-statelessness lock (reinforced by Romania's 1961 Reduction Convention membership, no reservations [RO-EVID-065], and ECN Art 8(2)) means the renunciation cannot become effective while she would be left stateless. In practice the adeverinta de renuntare / effective loss date is keyed to actual acquisition of the foreign citizenship (Art 31(7)) [RO-EVID-088], preventing a statelessness gap. So her file proceeds but the loss is suspended/contingent until the foreign nationality vests.

• NOT ELIGIBLE (at present) — renunciation must be refused.

  Cristian fails two Art 27 conditions. Condition (a) is breached: as a defendant (inculpat) in a criminal case he is within the criminal-impediment bar of Art 27 lit. a) as reformulated by L14/2025 pct 28 [RO-EVID-022]. Condition (b) is also breached unless he pays the fiscal debt or provides adequate guarantees (Art 27 lit. b)) [RO-EVID-088]. Even though condition (c) is met (he holds Canadian citizenship), all three conditions are cumulative. He cannot renounce while the criminal proceeding is pending; he could re-apply once the criminal case concludes (with no penalty outstanding) and the debt is settled/secured. A rejection order would be challengeable under Art 31(6) at the Tribunalul Bucuresti, recurs to Curtea de Apel Bucuresti — NOT ICCJ (VC-RO-F-24) [RO-EVID-090].

• ELIGIBLE for her own renunciation; the child is NOT automatically affected.

  Daniela's own renunciation, if Art 27 conditions are met, is approvable. But her assumption about the child is wrong: by Art 26, withdrawal/loss affecting one parent produces NO automatic effect on the citizenship of the spouse or children [RO-EVID-021]. A minor child's loss in connection with a parent's renunciation runs through the separate, conditioned Art 28 mechanism (typically requiring both parents' renunciation and subject to anti-statelessness safeguards), not as an automatic consequence of one parent's Art 27 act. The route has no descendant-degree reach — it is a strictly personal act. The child therefore retains Romanian citizenship unless a distinct, properly conditioned application is made.

• NOT ELIGIBLE — under the minimum-age requirement.

  Art 27 permits approval of renunciation only for a person aged 18 or over [RO-EVID-022, RO-EVID-088]. Emil, at 16, is below the statutory threshold and cannot personally apply to renounce. A minor's citizenship situation is instead handled through parental mechanisms (e.g. Art 28, with anti-statelessness safeguards) and not by an own-application renunciation. Emil would need to wait until age 18 to file an Art 27 renunciation in his own right.