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Requirements for EU citizens who wish to vote in municipal elections in Romania

EU citizens domiciled or residing in Romania are entitled to vote and to stand as candidates under the same conditions as Romanian citizens, subject to compliance with legal rules. They can vote only at the polling station to which their street or place of residence is assigned.

Records of EU citizens domiciled or residing in Romania are kept by the General Inspectorate for Immigration and will be entered on the permanent supplementary electoral rolls.

Supplementary electoral rolls are drawn up and kept up to date by the mayor, together with the territorial offices of the General Inspectorate for Immigration.

Supplementary electoral rolls must include the following: voter’s surname and first name, date and place of birth, Member State of origin, the address where they live in Romania, and number of the electoral area.

EU citizens are entitled to check the entries in the supplementary electoral rolls. To this end, mayors publish the place where such checks can be made and the timetable.

The mayor, together with the territorial offices of the General Inspectorate for Immigration, updates the supplementary electoral rolls no later than 23 days before the voting day.

Persons who have lost their electoral rights are removed from the supplementary electoral roll, pursuant to the communication sent by the court to the mayor, within 3 days of the date of the final court decision.

If EU citizens no longer meet the requirements for exercising the right to vote, as laid down in this law, or if they expressly request their removal from the electoral rolls, in a written request addressed to the mayor, and in case of death, they are removed by the mayor from the supplementary electoral rolls. In case of death, the removal of EU citizens from the supplementary electoral rolls is based on a communication made by the General Inspectorate for Immigration.

EU citizens with the right to vote, who are domiciled or reside in the electoral area where elections are held and are not listed in the records of the General Inspectorate for Immigration, are entered by the mayor, on request, on the supplementary electoral roll based on a document attesting to their identity and a proof of address. The request must be submitted within not more than 23 days before the election day.

Proof of address means one of the following documents:

• acts concluded under the conditions of validity laid down by the Romanian legislation in force, relating to the residence, such as a contract of sale, lease agreement or other;
• a written declaration from the host, who is either a natural person or a legal person, as acceptance in the premises, accompanied by one of the documents listed in point (a);
• a sworn declaration by the applicant, accompanied by a public order law enforcement officer’s endorsement note, attesting to the existence of a building and to the fact that the applicant actually lives at the declared address, for natural persons unable to submit the documents listed in points (a) and (b);
• a document issued by the mayor’s office, showing that the applicant is listed in the Agricultural Register, for rural areas.

EU citizens can exercise their right to vote on the basis of any valid document attesting to their identity.

On voting day, EU citizens who have been omitted from the supplementary electoral roll and who turn up to vote providing proof that they are domiciled or reside within the territorial area of the respective polling station – with any of the documents issued by the General Inspectorate for Immigration or with one of the documents attesting to their address in Romania – will be entered on the additional electoral roll by the chair of the polling station's electoral office.

EU citizens have the right to stand as candidates for election as mayor, local councillor, county councillor and county council president.

EU citizens may stand as candidates in the administrative-territorial unit where they are domiciled. Candidacy proposals are submitted under the same conditions as for Romanian citizens.

If the lists of candidates include EU citizens, the following mentions are added next to them: surname, first name, Member State of origin, place and date of birth, address where they live in Romania, occupation, profession and political membership and, in the case of alliances, the political or electoral alliance that proposed them.

For an EU citizen’s candidacy, the declaration of acceptance of candidacy includes surname, first name, Member State of origin, address in Romania, occupation, profession and political membership and express consent to stand as a candidate for the position concerned, and states that they meet the legal requirements to stand as a candidate. The declaration of acceptance of candidacy is accompanied by a document attesting to the candidate’s address in Romania or a document issued by the General Inspectorate for Immigration.

On submitting the candidacy, in addition to the documents required from Romanian citizens, EU citizens must submit a document proving their identity and a self-declaration stating the following:

• that they have not been deprived of the right to stand as a candidate in their Member State of origin under a final judgment in criminal or civil matters;
• that they do not hold positions in another EU Member State, equivalent to positions that are incompatible with the status of elected local official in Romania.

Requirements for EU citizens who wish to participate in European elections

In accordance with Law No 33/2007 on the organisation and conduct of elections to the European Parliament, republished, as subsequently amended and supplemented, any EU citizen domiciled or residing in Romania has the right to stand as a candidate in elections for the European Parliament.

Romanian citizens entered on the electoral rolls of other Member States cannot vote in the election of Romanian representatives for the European Parliament. They may vote only on the lists/candidates from the State concerned.

No later than 60 days before the reference day, citizens of Member States of the European Union, other than Romania, who have the right to vote and who are domiciled or reside in Romania may submit applications to be entered on the special electoral rolls. These applications must be submitted in writing to the mayor of the place of domicile or residence, accompanied by a copy of a valid identity document.

Special electoral rolls include the EU voter’s surname and first name, the EU voter’s citizenship and the address where the EU voter lives in Romania.

No later than 5 days before the reference day, the Permanent Electoral Authority sends the Electoral Office for Romanians Abroad the list of Romanian citizens exercising their right to vote in elections to the European Parliament from another EU Member State, as well as the list of EU voters entered on the special electoral rolls, which it sends, through the Ministry of Foreign Affairs, to the electoral offices of the polling stations abroad.

EU citizens, within the meaning of Article 17(1) of the Treaty establishing the European Community, as subsequently amended and supplemented, who reside or are domiciled in Romania, have the right to vote and to stand as candidates in elections to the European Parliament under the same conditions as Romanian citizens, subject to compliance with the requirements of Law No 33/2007 on the organisation and conduct of elections to the European Parliament, republished, as subsequently amended and supplemented.

• Voters vote at the polling stations to which they are assigned according to their domicile or residence.
• You can vote at any polling station and are entered on additional electoral rolls.
• If you are abroad on voting day, you may vote at any polling station organised abroad and are entered on the additional electoral rolls.
• EU voters who, on the reference day, wish to vote at a polling station other than that where they are entered on the copy of the special electoral roll, may vote only if the county or sector electoral office confirms that they have been entered on the special electoral rolls, when so requested by telephone by the chair of the polling station's electoral office.
• EU voters who are abroad on the reference day may vote to elect Romanian members of the European Parliament only if they are entered on the list drawn up by the Permanent Electoral Authority, which includes EU voters entered on the special electoral rolls.

You may vote with a valid identity card issued by the Romanian State, namely:

• identity card;
• provisional identity card;
• identity bulletin or diplomatic passport;
• electronic diplomatic passport;
• service passport;
• electronic service passport;
• ordinary passport, ordinary electronic passport;
• temporary ordinary passport;
• military service carnet (for students enrolled in military schools).

The chair of the polling station's electoral office may, following a written request by voters who cannot be transported for reasons of illness or invalidity, which must be submitted no later than on the day prior to the elections and accompanied by copies of medical or other official documents showing that the persons concerned cannot be transported, approve a team of at least two members of the electoral office to go to the voter’s location with a special ballot box and the voting material (a stamp marked ‘VOTED’ and the ballot papers) so that they can vote.

2024 elections

In anticipation of the elections that will take place in 2024, the Permanent Electoral Authority (AEP) has shared the following information with the public:

Citizens with the right to vote registered in the Electoral Register on March 31^st 2024: 18.965.288;

Of the total number of Romanian voters appearing in the Electoral Register, 18.020.261 have their domicile or residence in the country, and 945.027 have their domicile abroad and are CRDS passport holders;

Voters with domicile or residence in the country, valid on March 31^st 2024, by age category and according to environment (urban/rural):

• Total number of voters: 18.020.261;
• men: 8.692.814
• women: 9.327.447
• urban voters: 10.211.520
• voters in rural areas: 7.808.741

Voters with domicile or residence in the country, valid on March 31^st 2024, related to each locality - https://www.roaep.ro

• Total: 18.020.261

Romanian voters residing abroad, CRDS passport holders, structured by country - https://www.roaep.ro

• Total: 945.027

Acts required for the sale of property

For the sale and purchase of property, the seller must provide the following documents in accordance with the rules in force:

• identity document;
• the deed for the building – this may be: a deed of donation, a deed of succession or a contract of sale;
• tax certificate – obtained from the tax authority where the annual apartment-related tax is paid, in order to prove that the owner is recorded as having no debts;
• land registry documentation (cadastre and land registration) – prepared by an authorised person from the National Agency for Cadastre and Land Registration, including the apartment measurements and technical details;
• extract from the land register (attesting to the legal status of the apartment) – obtained by the notary office from the Cadastre and Land Registration Office (OCPI) at the request of the apartment seller who needs to submit the following documents to that effect: identity card, application form, copy of the land registration conclusion;
• energy performance certificate – issued by an energy auditor for buildings certified by the Ministry of Public Works, Development and Administration;
• a certificate issued by the owners’ association – demonstrating absence of maintenance and common utilities debts;
• the last utilities invoices – showing the seller’s up-to-date payment of utilities;

A contract of sale for an apartment or house can normally be concluded within 3 to 4 days, or in 2 days in urgent cases. It can be concluded at any notary public in Romania.

In the sale process, the notary public’s main role is to verify the actual relationship between the parties with regard to the act they want to conclude and whether their purpose is in accordance with the law and to provide them with the required guidance on its legal effects. Moreover, the notary must ask the parties, wherever appropriate, to provide the supporting documents and authorisations needed to conclude the act, or may obtain the necessary documentation himself at the parties’ request. The parties involved in the sale process are free to choose the notary who will authenticate and possibly draft the contract of sale.

The acts under which rights are conferred and which are subject to securities or land registration must be reported immediately to the place where such records are kept by the notary public, the latter making all the necessary arrangements on behalf of the holders to carry out all registration proceedings. In the fulfilment of his obligations, the notary public has free access to the securities and land registration offices.

The sale of a dwelling can be a very complex process, with operational, administrative, legal and financial difficulties being likely to occur at the beginning of the process and after the contract of sale has been signed. In order to avoid an unpleasant situation, you can call on the services of an estate agency and benefit from several advantages:

• the assistance of a professional;
• property valuation services;
• advertising and promotion;
• completion of the sale process.

Buyer taxes and obligations

The buyer must pay the price of the apartment and receive that apartment, being liable to pay the sale-related costs.

Notary fees

The notary fees for sales and purchases vary according to the method of paying for the apartment (without a loan; with a mortgage or a loan contracted under the First Dwelling Programme) and the value of the apartment.

The land registration fee

In addition to the notary fee, the buyer will also pay the land registration fee (charged by the National Agency for Cadastre and Land Registration – NACLR), equating to 0.15% of the apartment price. The notary public carries out the land registration on behalf of the new owner after the contract of sale has been concluded. If the sale of an apartment goes through an estate agency, both the seller and the buyer will pay a commission. As a rule, the estate agency’s commission ranges between 1% and 3% of the value of the apartment purchased and is paid by the buyer.

What fees are paid when selling an apartment?

In order to issue the documents needed to sell the building, the seller must pay a fee, to which the tax charged by the State is added (for the sales transaction).

Where the seller has used an estate agency for help in selling the apartment, they will pay the commission charged, which may range between 1% and 3% of the apartment’s sale price. This commission is also applicable, under certain circumstances, to the buyer.

What kind of fees must be paid when becoming the owner?

Any person who owns a building located in Romania must pay an annual tax on that building:

• owner’s tax on building and user’s tax on building;
• owner’s tax on land and user’s tax on land.

Citizens of EU, EEA or Swiss Confederation state who want to stay more than three months in Romania need to register their residency at the territorial unit of the General Inspectorate for Immigration from the county where their are living.

Citizens of EU / EEA / Swiss Confederation and their family members can work on the Romanian territory dependently / independently under the same conditions as Romanian citizens (based on a labor contract, assignment contract, notification etc.).

To obtain a certificate of registration / residence card their must present to the territorial units of IGI in the county where they live, a number of documents, depending on the purpose of the stay in Romania.

The registration certificate is issued on the same day and is valid for a period of up to five years but not shorter than one year. The residence card is issued within 90 days from the filing date. The residence card is valid up to 5 years from the date of issue, but not longer than the period of residency of EU / EEA / Swiss Confederation citizen whose family member the applicant is. In case of subsequent requests, if the provisions of OUG 102/2005 as amended and supplemented are met, the residence card is issued within maximum 30 days from the date of submitting the application.

The documents issued by the General Inspectorate for Immigration attesting residence in Romania are:

1. registration certificate (for citizens of EU / EEA / Swiss Confederation),
2. residence card (for family members of EU / EEA / Swiss Confederation citizens),
3. permanent residence card (both for citizens of EU / EEA / Swiss Confederation and for their family members).

EU / EEA citizens / or member of his/her family who have a continuous and legal stay in Romania for a period exceeding 5 years, can apply for permanent residency.

Citizens of a Member State of the European Union or EEA or of the Swiss Confederation who intend to stay for longer than 3 months in Romania must register their residence with the territorial unit of the General Inspectorate for Immigration (IGI) in the county where they live.

Citizens of the European Union/EEA/Swiss Confederation and their family members may work as employees or self-employed persons in Romania under the same conditions as those applying to Romanian citizens (under an employment contract, assignment contract, notification, etc.).

In order to obtain a registration certificate/residence card, they must submit a series of documents, depending on the purpose of their stay in Romania, to the territorial units of the General Inspectorate for Immigration from the county where they live.

The relevant deadline in which EU citizens and their family members are obliged to apply for registration of their stay is 3 months from the date of entry into Romania.

For the registration and issue of documents attesting to their residence, EU citizens and their family members need to report to the relevant territorial office of the General Inspectorate for Immigration.

The General Inspectorate for Immigration provides EU citizens and their family members with an online application procedure, whereby the necessary documents for registering one’s stay in Romania can be submitted in order to then obtain an appointment at the relevant territorial office.

The application may be accessed through the IGI Portal.

The documents issued by the General Inspectorate for Immigration attesting to residence in Romania, are:

• registration certificate (for citizens of the European Union/EEA/Swiss Confederation);
• residence card (for family members of the citizens of the European Union/EEA/Swiss Confederation);
• permanent residence card (for citizens of the European Union/EEA/Swiss Confederation and their family members).

Proof of means of subsistence should be provided by submitting the following documents:

• receipt of pension slip issued no later than 3 months before the date of entry into Romania;
• global income tax return for the year prior to entry into Romania;
• bank statement or other equivalent documents certifying that the income needed to ensure subsistence has been obtained.

The family relationship can be proven by the following documents:

• documents proving either marriage or kinship with an EU citizen for family members;
• documents issued by the authorities of the Member State of origin or provenance proving that the person concerned is a family member of an EU citizen, is dependent on or lives with an EU citizen or is in a situation where, for serious medical reasons, their personal assistance is required for dependants;
• document certifying that a non-married partnership with an EU citizen was registered in the Member State of origin or provenance, in the case of a registered partnership, or documents certifying that the person concerned has a long-term cohabitation relationship with an EU citizen, in the case of unregistered partnership;
• In the case of an unregistered non-married partnership, the EU citizen must provide a self-declaration about the existence of the partnership, attaching documents or other evidence attesting to the cohabitation relationship. The self-declaration will mention that the partners live together and that neither of them is married.

No documents are needed to prove that a family member is economically dependent.

The validity of the registration certificate is 5 years.

Failure to fulfil any of the obligations to request the registration certificate/residence card within 3 months from the date of entry into Romania, is an administrative offence and punishable with a fine of between RON 25 and RON 50.

The legislation in force at this time does not provide for the express obligation for EU citizens and their family members to carry their registration certificate/residence card at the time of a check.

The legislation in force at this time does not provide for sanctions should EU citizens and their family members not have the registration certificate/residence card on them at the time of a check.

The General Inspectorate for Immigration within the Ministry of Internal Affairs is the competent institution regarding the regulation of the legal regime for staying in Romania, for EU citizens and their family members.

Citizens of the European Union/EEA, or their family members, who have lived legally in Romania over a continuous period of 5 years or more may apply for permanent residence.

In order to be granted permanent residence, EU citizens and their family members need to report to the relevant territorial office of the General Inspectorate for Immigration.

The General Inspectorate for Immigration provides an online application to EU citizens and their family members, through which the necessary documents for obtaining permanent residence in Romania can be submitted in order to obtain an appointment at the relevant territorial office.

The application can be accessed on the: IGI Portal.

Documents required by citizens of the European Union/EEA/Swiss Confederation to initiate the procedure:

• application form;
• original (valid) identity card or passport and a copy;
• original and a copy of the registration certificate;
• papers and documents which prove fulfilment of the legal requirements regarding legality and continuity of residence.

Documents required by family members (from non-EU/EEA/Swiss Confederation states):

• application form;
• original (valid) passport and copy;
• original and a copy of the residence card;
• papers and documents which prove fulfilment of the legal requirements regarding legality and continuity of residence.

Restricting the exercise of freedom of movement and residence in Romania

The General Inspectorate for Immigration may issue EU citizens and their family members who do not meet the conditions for the right of residence with an order to leave Romania. An order to leave Romania can be challenged within 10 days from the date of notification at the court of appeal in the jurisdiction where the issuing office is located. The court will resolve the application within 30 days from date of receipt. An appeal suspends the execution of an order to leave Romania. The decision of the court resolving the appeal is final and irrevocable.

The competent Romanian authorities may restrict the freedom of movement and residence in Romania of EU citizens or of their family members only for reasons of public order, national security or public health. These reasons cannot be invoked for economic purposes. In accordance with the law, specific measures restricting the right to freedom of movement may be ordered against EU citizens or their family members who have the right of permanent residence, regardless of their nationality, only if they represent an imminent danger to public order or national security. Any measures restricting the right to freedom of movement in Romania of EU citizens and their family members will be ordered only with the observance of the principle of proportionality and will be based exclusively on the behaviour of the person concerned. This behaviour must pose a real, current and sufficiently serious threat to the fundamental values of society. Such a measure cannot be based solely on the existence of a previous criminal conviction. A decision to restrict the right to freedom of movement is communicated to the EU citizen or to their family member, in writing, by the authority that ordered the measure, in accordance with the law.

Undesirable persons

A declaration as undesirable is a measure ordered against EU citizens or a member of their family who have carried out, are carrying out, or about whom there are strong indications that they intend to carry out, activities likely to endanger national security or public order. The measure is ordered by the Bucharest Court of Appeal, upon notification by the prosecutor specially assigned by the Bucharest Court of Appeal Prosecutor's Office. The prosecutor refers the matter to the court at the proposal of institutions with competence in the field of public order and national security and that have solid data or indications that the person in question has carried out, is carrying out, or there are strong indications that that person intends to carry out, activities likely to endanger national security or public order.

An order to leave Romania

An order to leave Romania can be challenged within 10 days from the date of notification at the court of appeal in the jurisdiction where the issuing office is located. The court will resolve the application within 30 days from date of receipt. An appeal suspends the execution of an order to leave Romania. The decision of the court resolving the appeal is final and irrevocable.

Restricting the exercise of freedom of movement and residence in Romania

A decision to restrict the right to freedom of movement and residence in Romania must contain a precise and complete presentation of all the factual and legal reasons that were the basis for ordering such a measure, its implications for the person concerned, information on the court where the decision can be challenged, the time limit for commencing proceedings and the period within which the EU citizen or their family member must leave Romania. The court hearing an action brought against a decision restricting freedom of movement examines the legality of the decision, the principle of proportionality relating to the ordered measure, and the facts and circumstances that justify the ordered measure.

Decisions concerning undesirable persons of the Bucharest Court of Appeal may be appealed against within 10 days from the date of notification at the High Court of Cassation and Justice. The court rules within 5 days from the date of receipt of the request. The decision is final and irrevocable.

During their stay in Romania, EU citizens or, as applicable, their family members, are obliged to report any change regarding their residence address to the competent territorial office of the General Inspectorate for Immigration within 30 days from the occurrence of the event.

A change of residence should be communicated at the headquarters of the relevant territorial office of the General Inspectorate for Immigration.

Change of residence can also be communicated by electronic means.

Legal references

Emergency Order No 102/2005 on the freedom of movement in Romania of citizens of the Member States of the European Union, the European Economic Area and the Swiss Confederation.

Government Decision No 1864/2006 approving the detailed rules for the application of Government Emergency Order No 102/2005 on the freedom of movement in Romania of citizens of the Member States of the European Union, the European Economic Area and the Swiss Confederation, and establishing the form and content of documents issued to citizens of the Member States of the European Union, the European Economic Area and the Swiss Confederation, and to their family members.

What should you do in the case of a death abroad?

If one of your family members or relatives has died abroad, you may find the following information useful:

• the death must be registered with the local authorities in the country concerned;
• the death can also be registered with the Romanian embassy or consulate in the country where you are (not mandatory);

if the Romanian embassy or consulate is notified of the death by the local authorities, they will immediately inform the Ministry of Home Affairs in Romania, which will notify the family of the death of the Romanian citizen.

Registration of the death with the Romanian embassy or consulate allows a Romanian death certificate to be issued.

A Romanian death certificate can only be issued on the basis of a death certificate issued initially by the local authorities in the country concerned and other documents provided for in Romanian legislation. If the death has not been registered with the embassy or consulate, the Romanian death certificate will be issued in the country by the Romanian authorities, on the basis of the foreign death certificate and other documents provided for in Romanian legislation.

Transporting the body to Romania

Transportation is possible only under the requirements laid down in the national legislation of the country concerned and in accordance with the applicable international rules.

A death passport is required for the international transportation of corpses. This is issued by the Romanian embassy or consulate (no death passport is required for transporting urns with ashes after cremation).

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