reparative measures Archives - Pavel, Margarit and Associates

Following the promulgation of Law no. 10/2001 regarding the legal regime of the property taken over abusively in Romania, the Romanian legislator offered the opportunity to the persons prejudiced by the abusive takeover of the property by the Romanian state to appeal to the competent authorities, namely the National Authority for Property Restitution (ANRP), in order to obtain reparative measures either in nature or in equivalent in Romania. Later, by Law no. 165/2013, the National Commission for Real Estate Compensation (CNCI) was established, establishing that requests with the object of issuing a Compensation Decision must be resolved within 5 years, starting from the date of entry into force of Law no. 165/2013. Although the legislation in force has clearly established a way of evaluating the immovables taken over abusively, in most cases CNCI did not proceed with a properly performed evaluation, a fact that determined the existence of several disputes before the courts, people requesting a correct evaluation by appealing the compensation Decisions issued. Pavel, Margarit and Associates Romanian Law Firm recommends contacting a lawyer specialized in ANRP/CNCI retrocessions, real estate law and civil litigation to assist and represent the interested parties in view of appealing the Compensation Decisions in Romania. Considering the fact that on 09.07.2021 Law no. 193/2021 regarding the approval of the Government Emergency Ordinance no. 72/2020 for the amendment of paragraph (6) of art. 21 of Law no. 165/2013 regarding the measures to complete the restitution process, in nature or by equivalent, of property taken over abusively during the communist regime in Romania and the establishment of transitional measures, it is required that the evaluation of the property that is the subject of a Compensation Decision be carried out in accordance with the legal provisions in force at the time of issuing the Compensation Decision, specifically, by applying the notary grid valid for the year preceding the issuance of the decision by the National Commission in Romania. According to the current form of art. 21 paragraph (6) of Law no. 165/2013, in addition to applying the notarial grid valid for the year preceding the issuance of the decision, CNCI will also take into account the technical characteristics of the asset, as well as the category of use on the date of its takeover. Although these aspects are expressly mentioned in the legislation in force in Romania, CNCI does not comply with the legal provisions, it does not apply the notary grids properly when it issues Compensation Decisions, which leads to an incorrect assessment of the immovable property taken over abusively in Romania. Appealing compensation decisions can be the subject of litigation before the competent courts, which is why Pavel, Margarit and Associates Romanian Law Firm recommends contacting a lawyer specialized in ANRP/CNCI retrocessions, real estate law and civil litigation to assist people in contesting their rights, the compensation decisions establishing the reparative measures provided for by Law no. 10/2001 and Law no. 165/2013. A lawyer specialized in ANRP/CNCI retrocessions, real estate law and civil litigation will be able to undertake all the necessary measures in order to return the real estate in nature or equivalent, taking into account the terms provided by law in which compensation decisions issued by the CNCI can be challenged, assisting the entitled persons including in order to carry out an evaluation by an authorized expert to establish a value of the real estate in accordance with the grids of public notaries, as provided by Law no. 165/2013. What are the options available for individuals who have suffered from the abusive takeover of their property by the Romanian state? Individuals who have been affected by the abusive takeover of their property by the Romanian state have the opportunity to appeal to the National Authority for Property Restitution (ANRP) to obtain reparative measures, either in nature or in equivalent. They can also seek assistance from a specialized lawyer in ANRP/CNCI retrocessions, real estate law, and civil litigation to guide them in the process of appealing Compensation Decisions and asserting their rights. How long should requests for Compensation Decisions be resolved according to Law no. 165/2013? According to Law no. 165/2013, requests for Compensation Decisions should be resolved within 5 years from the date of entry into force of the law. This timeframe sets a deadline for the resolution of claims related to property taken over abusively during the communist regime in Romania. What are the key factors that should be considered in evaluating the immovable property taken over abusively in Romania? In evaluating the immovable property taken over abusively in Romania, the current legislation requires the application of the notary grid valid for the year preceding the issuance of the Compensation Decision by CNCI. Additionally, CNCI should consider the technical characteristics of the property and its category of use at the time of its takeover. However, there have been instances where CNCI does not properly apply the notary grids and fails to comply with legal provisions, resulting in an incorrect assessment of the property. It is crucial to consult a lawyer specialized in ANRP/CNCI retrocessions, real estate law, and civil litigation to contest these decisions and ensure a fair evaluation of the property in accordance with the law.

Tag reparative measures

How to appeal a compensation decision issued by the National Real Estate Compensation Commission (C.N.C.I.) within the National Property Restitution Authority (A.N.R.P.)?