Compensation/Restitution Eastern Europe

Romania

In 2001, the Romanian Parliament enacted Law 10/2001 covering private property restitution. According to this legislation, former estate owners or their heirs could claim restitution of property taken by the Romanian State between March 6, 1945 and December 22, 1989. The deadline to file such claims was February 14, 2002. Claimants who filed timely claims had until July 2003 (extended from February 2003) to present documentation in support of their claim.

It has been difficult for applicants living outside Romania to file their claims. The law is complex and applicants under Law 10 were required to file claims through municipal authorities and under specific judiciary jurisdictions. Law 10 did not cover restitution of agricultural or forested properties, previously considered under earlier laws. These deadlines too have expired.

A partial list of properties nationalized in Romania (primarily in Bucharest) in 1950 was obtained by the Claims Conference and is available online at www.claimsinfo.org

Law No. 247 was passed in 2005 to remedy inadequacies of the private property claims process and provide a functional payment mechanism.Among its improvements, the law provides for:(i) in-rem restitution;(ii) "just and equitable" when property cannot be returned;(iii) a shift in presumption of ownership from the State to the former claimant-owner; (iv) a new document submission deadline for previously filed claims; and (v) a Property Fund.

In the last several years, the European Court of Human Rights has ruled for the former owners in various Romanian restitution cases, establishing that the State of Romania would have to pay significant damages if the properties were not restituted. A recent example is The Affair Radu vs.Romania (July 20, 2006).

Communal Property

The Federation of Jewish Communities and the World Jewish Restitution Organization jointly set up the Caritatea Foundation, which assumed responsibility for preparing and submitting communal claims under the restitution laws, as well as for managing any recovered properties.
From 2002-2005, Foundation submitted 1,980 property claims: only 45 have been positively resolved.

The information presented herein is intended for information purposes only and solely as a general guide.The information is not intended as legal advice. It is a summary of specific issues and does not represent a definitive or complete statement of the programs and policies of the agencies or governments mentioned. The information may not address the special needs, interests and circumstances of individual recipients. Individual situations differ and recipients are urged to seek individual advice.Individuals seeking specific information on a program are urged to contact the relevant program or to consult their social service agency or help center representative. To the best of our knowledge the information is correct as of the date of this document and this information may change subsequent to the said date. Updated October 2006.

Compensation & Restitution Resources

Compensation/Restitution Eastern Europe

Romania