Special

The unitary rights of persons with disabilities in the European Union

Within the European Union, the rights of persons with disabilities vary slightly from country to country, as national certificates and ID cards are not automatically recognized when crossing the border into another European state. In the absence of a mandatory European mechanism for recognizing the rights of persons with disabilities, an ID card valid in Romania, issued under the updated Law 448/2006, is recognized only at the national level. For persons with disabilities, using urban public transport, visiting a museum or attending a sporting event can sometimes turn into a situation where they are constantly required to justify their own disabilities.

On October 14th, 2024, the Council of Europe published EU Directive 2024/2841 regarding the European Disability Card and the European Parking Card in the Official Journal of the European Union. EU Member States have 30 months to transpose the Directive into national law; consequently, the European Parking Card is expected to be operational across all Member States by early 2028.

The new card will also be available in a digital form, accessible format and will be part of a European system featuring common rules for recognition, security features, and accessible information. The European card will ensure that persons with disabilities have access to the same special conditions and preferential treatment granted to persons with disabilities in the country being visited, within the areas covered by the directive (such as free or reduced-price entry, priority access, personal assistance, transport facilities, and access to cultural, recreational, or sporting activities etc.).

The European Disability Card is primarily a European instrument with a standardized format, designed to ensure the mutual recognition of disability status and access to specific benefits across all Member States. It is not intended to replace the national disability certification; Member States retain responsibility for establishing eligibility criteria and the procedures for granting disability status. The European directive establishes a standardized, accessible physical format that is common across the European Union. The card will feature a QR code and other digital elements to verify authenticity and combat fraud. Cards issued by Member States will be mutually recognized throughout the Union.

In other words, the card does not state that "the person is entitled to a 50% discount in any European country"; rather, it guarantees that if a given state offers a specific benefit to persons with disabilities, the European cardholder must be able to access it under the same conditions as persons with disabilities in that state, within the limits set out in the directive.

The same European directive also introduces a European parking card for persons with disabilities, separate from the European Disability Card. This card will feature a standardized European format, be mutually recognized across Member States, and include digital verification elements. The European document will serve as proof of the right to access parking conditions and facilities reserved for persons with disabilities in another Member State.

Given that Romania participated in the European pilot project for the implementation of European Disability Cards, having already developed the necessary administrative infrastructure, the transposition of Directive (EU) 2024/2841 could benefit from a faster administrative process compared to Member States starting from scratch.

Directive (EU) 2024/2841 has already entered into force, and Member States must adopt and publish the necessary national legislation by June 5, 2027. Romania will need to adapt its legislative and administrative framework, designate competent authorities, issue procedures, and implement technical and security requirements so that the Romanian document is recognized in other Member States.

For Romania, the challenge lies not merely in issuing a new card, but in building a system that ensures it functions effectively, is accessible and secure, and, above all, transforms the right to free movement from a concept on paper into a reality for persons with disabilities.

It should also be mentioned that people with disabilities cannot use the European Disability Card for medical purposes (inpatient or treatment in hospitals in EU member states), for which there is the European Health Card distributed by the National Health Insurance House through the County Health Insurance Houses, based on the written request of the insured.

 
 
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