Considerations regarding the Legal Nature of the Activity Undertaken by the County Committee on Land Restitution
Considerations regarding the Legal Nature of the Activity Undertaken by the County Committee on Land Restitution

Summary/Abstract: In the following study, we aim to present and analyse the regulation and functioning of one of the principal administrative bodies charged with the accomplishment of land restitution in Romania, the County Committee on Land Restitution. This committee, as an administrative body of the state – which is nonetheless charged with property distribution (restitution) –, is regulated by several laws, chief among them being Land Law No 18/1991. Its activity of an administrative-jurisdictional character is, however, subject to little oversight and only limited judicial review. In the course of our study, we will present the consequences of this model of regulation and operation in practice. We conclude that, in the light of the provisions of the European Convention on Human Rights and the practice of the European Court of Human Rights, this model of regulation is untenable, and judicial oversight of these committees should be strengthened.

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