CONSIDERAȚII REFERITOARE LA STABILIREA DREPTULUI DE PROPRIETATE PRIVATĂ ASUPRA IMOBILELOR (TERENURI ȘI CONSTRUCȚII) ÎN CONTEXTUL LEGII NR. 165/2013 PRIVIND MĂSURILE PENTRU FINALIZAREA PROCESULUI DE RESTITUIRE, ÎN NATURĂ SAU PRIN ECHIVALENT, A IMOBILELOR PRELUATE ÎN MOD ABUZIV ÎN PERIOADA REGIMULUI COMUNIST ÎN ROMÂNIA

Law No 165/2013 on the measures for the finalisation of the process of restitution, in kind or by equivalent, of the buildings abusively taken over during the communist regime in Romania institutes a new regulatory framework in the matter of acceleration of the process of restitution of real estate property, in agreement with the principles stated by the (European) Convention for the Protection of Human Rights and Fundamental Freedoms and by the case-law of the European Court on Human Rights. In the ambience of the new regulatory framework instituted by the Law No 165/2013, this study analyzes several issues regulated by the new regulatory framework by referring to special normative acts which came into force before Law No 165/2013. Thus, some aspects referring to the powers of the entities vested with powers for the application of the reparatory laws in the matter of buildings (land and constructions) are analyzed, in the context of the new legal framework instituted by Law No 165/2013, as well as the powers of new entities vested with powers for the application of the reparatory laws. There are also examined some aspects concerning the infringement of the legislative technical rules on the adoption of Law No 165/2013, which can give rise to difficulties in the process of acceleration of restitution of real estate property or, where appropriate, in the process of granting compensatory measures.