La protection du droit de propriété concernant les immeubles confisqués durant le régime communiste à la lumière du séparation des pouvoirs
The protection of property rights concerning real estate confiscated during the communist regime in light of principle of separation of powers

Summary/Abstract: After several decisions of the European Court of Human Rights concluding the violation of article 1 of the First Additional Protocol of the European Convention on Human Rights and after the decision in the pilot case Maria Atanasiu and others v/ Romania, the Romanian Government adopted Law no. 165/2013. Despite the fact that a period of 18 months, prolonged by another period of 9 months, was given to the Romanian Government in order to adopt and implement new legislation regarding the restitution of the properties unlawfully taken, before and after Law no. 165/2013 entered into force, the suspension of all the procedures was decided. Also, despite the fact that the Romanian Government was supposed to solve the problems of all the persons in the same situation as the plaintiffs’ in the pilot case, Law no. 165/2013 concerns a very limited number of persons. The Constitutional Court declared that the periods set up by Law no. 165/2013 are not applicable to the persons who were either plaintiffs in a court action pending or in possession of a definitive court decision at the moment the law entered into force. These persons represent the majority, as most of the former owners or their successors started proceedings invoking the violations of their property rights during the 22 years after the first restitution law entered into force.

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