Many applicants are unhappy about the painfully long waiting period between the moment
the citizenship application is submitted and the moment when the certificate of citizenship
is received. And rightfully so, as in recent years the average duration of the process has risen
from 2 to 4 years.
There are many reasons behind such delays: the complete shutdown of operations during
the pandemic, the unfortunate events in Ukraine (which have pushed many Ukrainian
nationals to apply for Romanian citizenship), understaffing and the list goes on.
What can be done?
Law 21/1991 on Romanian citizenship sets a 5 months’ timeframe in which any citizenship
application must be resolved. Failure to comply with this deadline constitutes a direct
infringement of the Law and therefore enables applicants to file a civil lawsuit with the
purpose of obtaining a court decision that forces the Citizenship Authority to resolve the
application in up to 30 days. The estimated duration of such lawsuit is between 8 to 10
months.
Step by step overview of the court action proceedings:
- The court action is submitted;
- The Citizenship Authority files the Answer within 30 days;
- The Claimant (the applicant) files the Response to the Authority’ Answer;
- The court schedules the hearing. The hearing usually takes place in 1 to 3 months
from the moment the above-mentioned Response is filed; - The court issues the order forcing the Defendant (the Citizenship Authority) to
resolve the application;
Given that the Citizenship Authority appeals the decision, which is the case more often than
not, another hearing will be scheduled. The decision issued on appeal will be final and
binding.
Expenses related to the lawsuit
Just as in most jurisdictions, under Romanian Law, the party that loses a lawsuit is bound to
reimburse the other party for all necessary expenses made in connection with the court
proceedings.
To conclude, it is important to mention that unlike other governments, Romania does not
offer its citizenship seekers any instruments designed to speed up the process (such as
investments). Therefore, a court action is the only remedy available to applicants seeking
reduce the duration of the citizenship process.