Minors who have reached the age of 16 will be able to travel abroad unaccompanied with the consent of their parents or legal representatives, according to the bill submitted to the parliament.

The legislative proposal was initiated by 88 PNL and UDMR parliamentarians and amends the law on the regime of free movement of Romanian citizens abroad, as well as the law on the protection and promotion of children’s rights.

• “As an exception, minor citizens of Romania who have reached the age of 16 may travel abroad unaccompanied with the consent of their parents or legal representatives in accordance with the terms of this law,” the draft reads.

In addition, according to the draft, as a derogation, “border police authorities will allow the departure from Romania of minor citizens of Romania who have reached the age of 16 and are the owners of an individual travel document or, depending on the circumstances, an identity card and unaccompanied by an adult natural person, if she shall provide a notarized statement of both parents or, depending on the circumstances, of the parent to whom he was entrusted by a final and final court decision, of the parent who exercises parental care himself. by an authorized body in accordance with a final and irrevocable court decision, to the surviving parent or his legal representative, including their consent for the minor to make the relevant trip, to the state or states of destination, the period during which the trip is to take place, as well as the purpose of the trip.”

At the same time, the draft provides that diplomatic and consular missions of Romania are obliged to notify the body of the central state administration with powers in the field of protection of children’s rights regarding minors under the age of 16, citizens of Romania who are abroad. who for any reason are not accompanied by their parents or other legal guardian or are not under the legal supervision of persons from abroad. In the current text, this obligation is provided for children of Romanian citizens abroad, without establishing a 16-year-old threshold.

What else does the project provide:

• “Also, the body of the central state administration for the protection of children’s rights takes the necessary measures to return a minor under the age of 16 to his parents or another legal representative immediately after his identification.
• If the designated persons are unable or refuse to take the child, at the request of the Main Department of Social Assistance and Child Protection, the court at the child’s place of residence shall make a decision on the placement of the child in accordance with this Law.
• The procedure for returning children to the country, identification of parents or other legal representatives, the method of advance payment of expenses caused by their return to the country, as well as special, public or private security services that have the right to provide emergency protection. for minors in this foreseen situation are determined by the decision of the Government.

The project will go to the Senate for discussion, and then the Chamber of Deputies, which is the decision-making body. The law will enter into force within 30 days from the date of its publication in the Official Gazette.

As the initiators explain

• “Through the legislative proposal, it is aimed to ensure a regime of movement abroad for minors over 16 years of age, a regime that corresponds to the current rights and obligations.
• According to the current legislation, minor citizens of Romania, without exception, may travel abroad only with the consent of their parents or legal representatives.
• However, there are airlines that provide an unaccompanied minor service, which consists of assisting a child traveling alone from the point of departure until arrival at the final destination.
• The same treatment of minors under the age of 16 and minors who have reached the age of 16 is unjustified.
• The legal provisions do not distinguish depending on the age of the minor, so a minor under the age of 16 and a minor who has reached the age of 16 are treated the same, although the psychosocial development of a 16-year-old child is closer to that of a child. an adult over the age of 18 than a 14-year-old minor. Such behavior is unjustified. In European countries, minors who have reached the age of 16 can travel alone, unaccompanied by adults.
• Clearly, there is a flow of minors crossing national borders to study abroad or reunite with family, and they need a more relaxed travel regime to suit their needs.
• There are also minors over the age of 16 who, in the event of their parents’ divorce, settled abroad with one of their parents and, in order to maintain personal relationships, go abroad.”