Confiscated properties "can be regained"

Minister of Foreign Affairs Cristian Diaconescu said that Romanians can still appeal to the European Court of Human Rights if they are dissatisfied with the way the state compensates them for property confiscated by the communist regime.

Cristian Diaconescu told Radio Romania Actualitati that European Court of Human Rights (CEDO) judges asked Bucharest by July to develop a clear field of compensations and retrocessions."

European Court of Human Rights (CEDO), definitely, will still receive claims that the Court's mandate is not denied by national legislation that we expect to adopt.

"The appeal concerns on the one hand, bad functioning of the fund ‘Proprietatea’, rolled out the red carpet three years ago and which eventually proved more a source of corruption and human rights violations than ensuring compliance.

"In general terms, the European Court sets financial penalties," said Cristian Diaconescu.
Government is working on a draft law on compensation of properties confiscated during the communist period , project that, according to the Minister of Justice, Cătălin Predoiu, must take into account, at the same time, the interests of the affected, the indirect pressure of the European Court of Human Rights (CEDO), but also by budget limitations.

The project discussed by the government eliminates restitution in kind and compensation for former owners limited to no more than 15percent of actual property.

The amount will be spread in equal amounts over a period of 10 to 12 years.

The government spokesman, Dan Suciu, said that the Government is aware of the dissatisfaction and frustration that can generate this draft law, but should consider the economic context.

In addition, in July 18 is the deadline given by the European Court of Human Rights (CEDO) to Romanian State to review the legislation in this area.

European Court of Human Rights (CEDO) resolutions or European Court of Human Rights (CEDO) decisions are enforceable.

Attempts by the Romanian state law are to avoid losing 2,500 lawsuits currently filed with the European Court of Human Rights (CEDO), which would result a budget crisis, if all of them are to be paid.

Translated by Ioana Vioreanu
MTTLC, Bucharest University