Romanian Practices of Border Protection in the Case of Persons Crossing the National Border Illegally

From Theory to Practice While Waiting for Admission to the Schengen Area

Abstract

This study addresses the issue of migration that the European Union has been facing over the past decade. Beginning with the historical evolution of the phenomenon of migration, the current situation in the European Union is presented, as well as the factors that facilitated the emergence thereof. The normative provisions of the European Union are presented, alongside the specific national regulations of Romania regarding asylum and the granting of international protection. Developments in the litigations brought before the Court of Justice are succinctly presented, in addition to the implications of the rulings in the elaboration of new asylum policies, which would expand the participation of European institutions and uniformity in regulation to the detriment of national intervention, according to the principle of subsidiarity. The study presents the penal implications and the crimes that can be committed in connection with the act of crossing the border, but also addresses a sensitive topic, namely that of the Schengen area and the technical fulfilment of admission conditions. In the practical part, empirical aspects of immigration in Romania are presented, as well as the evolution of attempts to cross the border illegally, the evolution caused by the war in Ukraine, and statistics regarding residence permit applications from the past 10 years