Implementing Regulations pertaining to dwellings under litigation

 

A. establishments defined as dwellings

 

1. The Bucharest Commission's Decision No. 117 of October 23, 1996 for the implementation of Law. No. 112/1995 states under article 3:

 

"The Commercial Associations (former ICRAL Associations) will put together selling-buying contracts of nationalized establishments (dwellings) ONLY AFTER their legal status has been clarified by local and municipal commissions, by the courts, or by the fact that the dwellings were vacant at the time Law No. 112/1995 entered into effect."

 

2. The implementing regulations published in the Official Monitor  (Monitorul Oficial)  No. 27 dated February 18, 1997, according to which Law  No.  112/1995 must be applied, state the following in chapter I, article 1, paragraph 6:

 

"If the courts are presented with dwelling reclamation cases for which Law No. 112/1995 does not apply because the dwellings were nationalized by the State without establishing legal title in the favor of the State, the administrative procedures controlled by the Law No. 112/1995, for actual restitution "in nature", or for giving compensation, or for the sale of the dwellings to the tenant, will be stopped by law until the final and irrevocable solving of such cases.  

 

3. The Romanian Attorney General's Order No. 386 from 2 April 1998 to all Criminal Divisions of the Appeals Courts states the following:

 

"The number of complaints regarding violations by civil servants (employed by the local public administration and by local commercial associations) of the Code of Civil Procedures as well as violations of the Law No. 112/1995 increased.  The complaints refer to the fact that the civil servants who manage the nationalized dwellings made sale or lease contracts for dwellings nationalized by the Romanian State after 6 March 1945 for which there were legal proceedings underway thus directly violating Law No. 112/1995. Because such felonies are by case felonies of abuse while performing a duty and are punishable by criminal law, you will take measures to identify cases involving abuses by civil servants while performing their duty and you will notify the Attorney General's office according to article 221 of the Penal Code.  You will also inform the Attorney General's office in writing twice a year about the measures you took to correct the before mentioned abuses."

 

B. other establishments defined as non-dwellings

 

1. The Emergency Order No. 32 of the Government, published in the Official Monitor (Monitorul Oficial) No. 436 dated November 17, 1998 with regard to the privatization of commercial associations from the tourism sector, states  the following for chapter VI, article 17:

 

"Establishments that were taken into State ownership through laws or other nationalization acts which belonged to commercial associations and to which the State is a stock holder, can be sold by the State only if the establishments are not being claimed within one year from the date of this Government Order (that is 2 December 1998). "

 

 2. The Government's Decision No. 563, published in the Official Monitor (Monitorul Oficial) No. 34 dated July 20, 1999 regarding the approval of the national strategy for privatization for the year 1999 states the following for article 3.2.8:

 

" for the privatization of commercial associations from the commerce sector, the legal situation should be clarified, that is, these dwellings should not have entered into State ownership through nationalization and they should not be claimed or reclaimable "

 

 Despite all the above mentioned guidelines, which are part of laws and implementing regulations, the State continued and continues up to the present, to sell establishments (dwellings and non-dwellings) that are currently under litigation for reclamation or that are reclaimable.

 

Respectfully,

 

Gh. Tara and M. Corivan

 

(Translated by Angela Maior)