The Foundation For The Defense Of The Citizens Against State Abuses (FACIAS) has won an important victory for all Romanians working abroad. The Bucharest Court has ruled in favor of FACIAS and forced the Romanian Government to respect the law on the protection of Romanian citizens working abroad by urgently adopting the necessary rules for its application.
FACIAS has initiated legal proceedings following a period of three years characterised by what the organisation has deemed to be an unjustified delay on the part of the relevant authorities in adopting the Government Decision to update the methodological norms for the application of Law 156/2000, as amended by Emergency Ordinance 33/2021. Consequently, this delay has resulted in a significant number of Romanian workers being left without adequate state protection. The absence of codified regulations has resulted in a dearth of oversight with regard to working conditions, an inability to intervene in instances of abusive contracts, and the lack of any legal mechanism to ensure the rights of these workers are upheld.
It is evident that a number of pivotal provisions have not been implemented, including the stipulation that the state and recruitment agencies must engage in negotiations concerning adequate accommodation conditions for seasonal workers, in accordance with the legislation of the host country. The legal framework encompasses provisions for a daily subsistence allowance and the reimbursement of round-trip transportation expenses between the individual's place of residence in Romania and their place of employment abroad. However, the implementation of these rights has been hindered by the absence of requisite regulatory guidelines.
In the proceedings before the court, FACIAS contended for the imperative of the prompt issuance of methodological norms. This argument was based on the assertion that, in the absence of such norms, Romanian citizens working abroad remain vulnerable to risks and abuses. Simultaneously, FACIAS elucidated to the magistrates that the state representatives' inaction not only constitutes a violation of legal obligations, but also directly contributes to the perpetuation of abuses against Romanians abroad, thereby effectively depriving them of an adequate protection mechanism.
This decision is a clear signal to the Romanian authorities that further delays in the application of laws designed to protect Romanian citizens are unacceptable. FACIAS has issued a call for the immediate implementation of the ruling, and will monitor compliance to ensure that the rights of Romanian workers abroad are no longer ignored.