8. „Exproprierea de facto” – ultimul remediu pentru despăgubirea proprietarului pentru atingerea gravă adusă dreptului său de proprietate
8. „De facto expropriation” – the ultimate remedy to compensate the owner for the serious infringement of his property rights

Summary/Abstract: The entry in the land register of the property right in favour of the State over a piece of land, on the basis of a deed issued during the communist period, in respect of which the authorities with competence in the matter decided prior to the entry to make it available to the land registry commission, with the creation of the premises for the issuance of a title deed under the special law of reparation by the Romanian State authorities themselves, has the legal configuration of an expropriation in fact (taking into account the case law of the Strasbourg Court developed in application of Article 1 para. 1 of Protocol No 1 to the European Convention on Human Rights). In accordance with Art. 5 para. (1) of the Law no. 18/1991 on land, republished, the land belonging to the public domain includes land for defence purposes, and under the conditions of para. (2) of the Law, the land belonging to the public domain shall be inalienable, non seizable and imprescriptible. They cannot be put into civilian use unless, by law, they are decommissioned from the public domain. The principle of availability, framed as a fundamental principle governing civil proceedings, according to which the parties determine the subject matter and limits of the proceedings, must be understood in the context of striking a balance with the judge's active role in ascertaining the truth. The obligation to analyse the grounds used by the parties in support of their claims and the examination of their claims are guaranteed by the provisions of Art. 6 para. 1, sentence I, of the European Convention on Human Rights, according to which „everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, which shall decide either on the violation of his rights and obligations in a suit at law (...)”.

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