In response to the European Court’s judgment in the case of D. and Others concerning the absence of suspensive effect of the available domestic remedies against expulsion following a criminal conviction, Parliament adopted Law No. 247/2022. The law was signed by the President and entered into force on 28 July 2022.
The purpose of the new law was to amend, among other pieces of legislation, Government Emergency Ordinance No. 194/2002 on the regime of aliens in Romania. The relevant amendment provides for the automatic suspensive effect of the appeal against the enforcement of an expulsion measure, taken as an ancillary penalty in criminal proceedings, alleging the existence of reasonable grounds to believe that the life of the person concerned would be endangered or that the person will be subjected to torture or other inhuman or degrading treatment in the State to which he or she is to be expelled. The suspension ex lege of the expulsion measure operates from the date of submission of the appeal until a final decision is taken.
For more details, see the authorities’ action report of 28 July 2022 (DH-DD(2022)803).