La protection du droit de propriété concernant les immeubles confisqués durant le régime communiste à la lumière du principe de la séparation des pouvoirs – les mesures de réparation
The protection of property rights on property confiscated during the communist regime in the light of the principle of separation of powers - the remedies

Summary/Abstract: Law no. 165/2013 was supposed to implement the obligations imposed by the European Court of Human Rights to Romania through the decision in the pilot case Maria Atanasiu et al. v. Romania.However, Law no. 165/2013 contains several provisions on reparation measures which constitute violations of several constitutional principles, such as the separation of powers, non-discrimination, non-retroactivity and the stability of civil legal relationships.According to the new legislation, restitution in nature is only possible for the initial owners or their heirs; for persons who acquired their rights by assignment only compensation in points is possible.Also, the damages are now indirectly limited to the value of the immovable asset as estimated from the table used by public notaries for transactions with immovable rights, which is different from the market value.Despite the fact that the damages would be paid in installments, there is no provision regarding the actualization of the amount with inflation or the accessory payment of interest. Also, the amount of damages for other persons than the initial owners or their heirs is limited to the price paid for the transfer of the rights plus 15% of the difference to the value of the immovable asset.

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