CÂTEVA CONSIDERAŢII CU PRIVIRE LA SFERA DE APLICABILITATE A LEGII NR. 221/2009 PRIVIND CONDAMNÃRILE CU CARACTER POLITIC ŞI MÃSURILE ADMINISTRATIVE ASIMILATE ACESTORA, PRONUNŢATE ÎN PERIOADA 6 MARTIE 1945 – 22 DECEMBRIE 1989

The enactment and coming into force of Law no. 221/2009 on political convictions and their related administrative measures, ruled during the period 6 March 1945-22 December 1989, generated a complex legal matter caused, in particular, by the lawmaker’s notion regarding the scope of application of the law, the scope of the persons benefiting of the special regulation and the stipulated civil procedural rules, derogatory from common law. From the perspective of the three ideas mentioned, the study aims at harmonizing the legal mechanism designed by the lawmaker, including through “de lege ferenda” proposals, for the purpose of achieving the deeply reparatory nature of the law towards persons oppressed for political reasons, during the communist period.