HANDBOOK ON PROPERTY RESTITUTION IN ROMANIA
This material has been designed as a tool for all persons interested in the restitution of confiscated properties in Romania. Those who owned land or houses or any type of construction in Romania and were expropriated between 1945 and 1989, without any compensation, may consider to claim the restitution of their properties now, under the terms of recent legislation.
We encourage every person who owned or whose family owned properties in Romania to file a notification for restitution. The registration for restitution can be done as simply as filing a notification with the Romanian competent authority. The notification form is provided herewith and it has to be sent no later than 14 February 2002. Beside the notification, every claimant will have to provide additional supporting documents attesting his or her ownership over the property that is being claimed and, as the case may be, his or her quality of inheritor or legal successor of the former owner. The term for sending the additional documents is 14 February 2003.
The information contained in this handbook is not exhaustive. The restitution procedure may differ from case to case. We strongly advise all claimants to consult the provisions of Law no.10/2001 or to ask for the professional services and guidance of an attorney.
II. Law no.247/2005 on restitution of properties
1. What properties can be claimed
2. Who can file a restitution claim
3. Terms and deadlines for filing restitution claims
The year of 1989 marked a profound change in Romania’s evolution from the communist regime to democracy, from repression and abuse to embracing human rights, civil liberties, market economy and private property. These changes have been endorsed in the Romanian Constitution of 1991 thus making a breakthrough in the legal system of public and private property.
The constitutional provisions on property are stipulated in Article 41, which sets forth the main legal principles.
According to Article 41,
 |
the private property is protected by law, irrespective of owner |
|
foreign citizens and stateless persons can not acquire ownership rights over the land |
|
expropriation can not be enforced except by reason of public utility stated by law and must be subject to prior and equitable compensation |
|
properties lawfully acquired can not be confiscated; lawful acquisition is presumed |
Pursuant to these principles, Romania has established a system of laws and regulations to address both the necessary developments in the approach of property and the situation of the properties that had been confiscated by the communist regime, between the end of the World War II (1945) and 1989.
The first set of legislation addresses issues of social and economic development in the context of civil rights and liberties and in a market economy environment. Insurance of the right to a suitable habitat and the process of economic privatization are key responsibilities of the Romanian government. The situation where the status of an overwhelming number of properties, land and constructions, is constantly uncertain and subject to perpetual restitution claims generates significant adverse consequences for the citizens and the economy.
The Romanian government has resolved to take on an equitable, transparent and decisive process of clarification of the status of property, reflected in a package of legislation targeted to the restoration of private property, including property that had been confiscated by the communist regime.
1. What properties can be claimed (Articles 2 and 6(1) of Law no.10/2001)
Any property that has been confiscated by the communist regime between 1945-1989, irrespective of the form of confiscation, can be claimed under the terms of Law no.10/2001, subject to the restrictions provided hereinafter.
According to Article 2 and Article 6 (1) of the Law the properties that can be claimed are the lands with or without constructions, the constructions and the technical equipment incorporated in the constructions used as premises for an industrial, commercial or other economic activity at the time of expropriation.
Restitution of the agricultural and forestry properties can not be claimed under Law no.10/2001. This matter has been addressed by Law no.18/1991 and Law no.1/2000, the terms and deadlines thereof have expired.
Restitution can not be claimed under Law no.10/2001 for the properties that belonged to religious communities or national minority groups. These organizations will be entitled to file restitution claims under future legislation specially dedicated.
2. Who can file a claim (Article 3, Law no.10/2001)
The persons entitled to file restitution claims under Law no.10/2001 are the owners of the confiscated properties or their legal inheritors, who must present evidence of their ownership rights as of the expropriation date and must also make proof of their certified quality of inheritors, as case may be.
In cases of commercial properties that belonged to legal persons or associations, the former shareholders or their legal successors can file restitution claims.
Likewise, in cases where the original legal person or association has not ceased to exist and continued to perform its commercial activities as stated in its by-laws, the legal person or association can file a restitution claim.
Restitution can not be claimed by former owners who were reimbursed at the time of expropriation by virtue of one of the international treaties presented in Annex 2.
3. Terms and deadlines (Articles 21(1) and 22 of Law no.10/2001)
The restitution claims (notifications) must be filed with the Romanian competent authority no later than 14 February 2002. The claims must be presented together with additional available documentation attesting the original ownership rights over the property that is being claimed for restitution. Documents attesting the inheritor or legal successor quality of the claimant must also be provided.
In the situation where additional documents can not be presented at the time of filing the claim, they can be sent separately, but not later than 14 February 2003.
Important
All claims filed after 14 February 2002 will be rejected and claimants will loose the possibility to take any further action as regards the property. Failure to provide additional documentation attesting the quality of former owner or inheritor or legal successor of the former owner of the property by 14 February 2003 will terminate the restitution procedure with no possibility for any further action.
4. Notification. Content. Where to address
Law no.10/2001 refers to the restitution claims as Notifications (Article 21). The notification is a formal request addressed by the claimant to the competent authority describing the owner, the property that is being claimed and the estimated value of the property.
The notification must include the following elements:
|
name, date of birth, nationality, address and passport number of the claimant |
|
name and address of the authority that is being notified |
|
address and characteristics of the property that is being claimed (house or / land and apartment and number of rooms / surface, neighbors) |
A suggested form of notification is presented in Annex 1.
Notifications have to be addressed to the local Mayor’s Office (Primaria), where the property is located. To be validly accepted, the notification has to be served through an executor.
In 60 days after the notification together with all additional documentation have been filed with the competent authority, that office issues a decision on the situation of the property that is being claimed. The decision will refer to the restitution of the property per se or, in cases where restitution is not possible, it will present an offer for compensation in lieu of restitution. The decision can be contested in court no later than 30 days after it has been received by the claimant.
The decision on the restitution of property can be enforced in 3 years after it has been issued.
In cases where restitution per se is not possible the claimant will be presented an offer for compensation. The offer may refer to goods or services, to stocks and bonds to companies quoted on the financial market, participation to privatization of state companies, or to financial reimbursement.
The Embassy of Romania would like to present its gratitude and appreciation to the Law Firm of Oglinda & Nemes, who provided essential support and expertise to the realization of the present handbook. Further questions or comments can be addressed to partners of Oglinda & Nemes, at onlaw@pcnet.ro
List of international agreements on financial compensation signed by Romania with certain states
1. Agreement between Romania and the United States of America, in force as of March 30, 1960
2. Agreement between Romania and Austria, in force as of April 27, 1965
3. Agreement between Romania and Belgium, in force as of September 9, 1971
4. Agreement between Romania and Denmark, in force as of September 12, 1960
5. Agreement between Romania and France, in force as of February 9, 1959
6. Agreement between Romania and Greece, in force as of September 2, 1966
7. Agreement between Romania and Italy, in force as of March 7, 1972
8. Agreement between Romania and the United Kingdom, in force as of November 10 1960
9. Agreement between Romania and Norway, in force as of April 5, 1966
10. Agreement between Romania and The Netherlands, in force as of July 31, 1967
11. Agreement between Romania and Turkey, in force as of March 15, 1967
12. Agreement between Romania and Canada, in force as of December 14, 1971
This list is not exhaustive. There may be other agreements though not specific that include provisions on financial compensations