ASPECTE TEORETICE ȘI PRACTICE DETERMINATE DE MODIFICÃRILE SUCCESIVE ALE LEGII NR. 221/2009 PRIVIND CONDAMNÃRILE CU CARACTER POLITIC ȘI MÃSURILE ADMINISTRATIVE ASIMILATE ACESTORA, PRONUNȚATE ÎN PERIOADA 6 MARTIE 1945 – 22 DECEMBRIE 1989

Law No. 221/2009 regarding political convictions and their related administrative measures issued in the period comprised between March 6, 1945 – December 22, 1989 established, inter alia, that the victims of such convictions shall be entitled, within an interval of 3 years from the enforcement of this law (June 14, 2009) to request the Romanian State to pay moral damages (without any ceiling in terms of value) for the suffering caused by such convictions. The law was subsequently amended, in the sense that a ceiling was established for the value of such damages. In its first two decisions (No. 1358/2010 and No. 1360/2010), the Constitutional Court stated that both the original and the amended text of the law are unconstitutional, without denying, however, in principle, the fairness and lawfulness of granting such moral damages in the given situation. Until the present time, the Romanian State did not proceed to enact Law No. 221/2009, in consideration of the mentioned decisions issued by the Constitutional Court, although it was bound by the Constitution to proceed as such. Taking this situation into account, the author sets forth the idea that, at present, although we are apparently in the presence of a legislative void, the injured parties may claim, however, such damages in court, even at this time, on the strength of certain principles from the Constitution of Romania, from the European Convention on Human Rights and Fundamental Freedoms and from the Universal Declaration of Human Rights.