LEGE no. 165 165 of 16 May 2013 (* updated *) on measures to complete the process of restitution, in kind or by equivalent, of buildings improperly taken over during the communist regime in Romania ((updated until 27 May 2016 *)
ISSUER
PARLIAMENT
---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 ((1) Imobiles improperly taken over during the period of the communist regime shall be returned to nature. ... (2) If the restitution in kind of buildings improperly taken over during the period of the communist regime is no longer possible, the remedies in equivalent that may be granted are the compensation of goods offered in equivalent by the entity invested with the resolution of the request made on Law no. 10/2001 ... on the legal regime of some buildings improperly taken over from 6 March 1945 to 22 December 1989, republished, with subsequent amendments and completions, the measures provided for by Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, and Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , with subsequent amendments and completions, as well as the measure of compensation by points, provided in the head. III. ---------- Alin. ((2) of art. 1 1 has been amended by section 1 1 of art. I of LAW no. 368 368 of 18 December 2013 , published in MONITORUL OFFICIAL no. 819 819 of 21 December 2013. (3) If the holder has alienated the rights due to him according to the laws of restitution of the property, the only remedy that is granted is the compensation by points according to art. 24 24 para. ((2), (3) and (4). ... (4) The points provided in par. ((2) and (3) are capitalized according to this law. ... Note ... ----------
* *) By CONSTITUTIONAL COURT DECISION no. 210 210 of 8 April 2014 , published in MONITORUL OFFICIAL no. 418 of June 5, 2014 the exception of unconstitutionality of the provisions of art. 4 second sentence reported to those of art. 1 1 para. ((2) of Law no. 165/2013 on measures to complete the process of restitution, in kind or by equivalent, of buildings improperly taken over during the communist regime in Romania, finding that they are unconstitutional, in the previous drafting amending these provisions by Law no. 368/2013 to amend and supplement Law no. 165/2013 . Under art. 147 of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003, the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, as of June 5, 2014, if the regulations of art. 4 second sentence reported to those of art. 1 1 para. ((2) of Law no. 165/2013 , in writing prior to the amendment of these provisions by Law no. 368/2013 , they shall be suspended, ceasing their legal effects, from 21 July 2014, to the extent that their application has been maintained. ---------- + Article 2 The principles underlying the granting of the measures provided for by this Law are: a) the principle of the prevalence of restitution in kind ... b) the principle of equity; ... c) the principle of transparency of the process of fixing the remedies; ... d) the principle of maintaining the right balance between the particular interest of the former owners and the general interest of ... + Article 3 Within the meaning of the present law, the expressions and terms below have the following meanings: 1. requests-notifications made pursuant to Law no. 10/2001 on the legal regime of some buildings improperly taken over from March 6, 1945 to December 22, 1989, republished, with subsequent amendments and completions, requests made under the provisions Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, of Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , with subsequent amendments and completions, the requests made according to Law no. 247/2005 on reform in the areas of property and justice, as well as some adjacent measures, with subsequent amendments and completions, requests for restitution made according to Government Emergency Ordinance no. 94/2000 on the restitution of immovable property belonging to religious cults in Romania, republished, with subsequent amendments and completions, and Government Emergency Ordinance no. 83/1999 on the restitution of immovable property that belonged to the communities of citizens belonging to national minorities in Romania, republished, pending at the entities invested by the law or, as the case may be, at the Central Commission for Establishment Of Compensation; 2. the person who considers himself entitled-the person who formulated and submitted, within a legal period, to the entities vested by law requests from the category of those provided for in item 1 1, which have not been resolved until the date of entry into force of this Law; 3. the entitled person-the person to whom the right to restitution in kind or, as the case may be, has been recognized, to remedies; 4. the entity invested by the law-the following structures with attributions in the process of restitution of buildings improperly taken over and establishing the remedies: a) the holding unit, within the meaning of Government Decision no. 250/2007 for the approval of the Methodological Norms Law no. 10/2001 on the legal regime of immovable property improperly taken over from 6 March 1945 to 22 December 1989, as amended and supplemented, Government Emergency Ordinance no. 94/2000 , republished, with subsequent amendments and completions, as well as the Government Emergency Ordinance no. 83/1999 , republished; ... b) the entity invested with the settlement of the notification within the meaning Government Decision no. 250/2007 , with subsequent amendments and completions; ... c) the local land fund commission, the communal, city and municipal commissions, constituted pursuant to Law no. 18/1991 , republished, with subsequent amendments and completions; ... d) the county commission of land fund or, as the case may be, the Land Fund Commission of the Municipality of Bucharest, established under Law no. 18/1991 , republished, with subsequent amendments and completions; ... e) The special commission for the restitution of immovable property belonging to religious cults and to the communities of citizens belonging to national minorities in Romania; ... f) National Authority for Property Restitution, specialized body of central public administration, with legal personality; ... g) National Commission for Property Compensation, established according to this law; ... 5. the decision of the entity invested by the law-decision/provision/order/decision issued by the entity invested by the law, provided for in item 4 4; 6. restitution in kind-restitution of the property taken abusively; in terms of land, reconstitution of the property right on the old site or on another site; 7. notary grid-guidelines on the indicative values of real estate used by the chambers of public notaries, updated under the conditions imposed by art. 77 ^ 1 para. ((5) of Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions. 8. investments-permanent crops, works and installations serving agricultural holdings, namely: a) plantations of any kind-vineyards, orchards, vine nurseries, fruit trees, hop plantations and dudes, greenhouses, solar, seedlings and the like; ... b) concrete platforms and storage facilities serving the needs of agricultural production, decommissioned or active compound feed factories; ... c) fish facilities; ... d) land improvement systems, such as irrigation channels and/or desecations, pumping/irrigation/dissecting stations, above-ground and underground antennas, irrigation ramps, pivots, concrete platforms, bridges, bridges serving the holding; ... e) power lines and transformer substations serving the holding or/and land improvement systems; ... f) operating roads serving the holding or/and land improvement systems; ... g) any other type of investment serving the agricultural holding as defined in art. 1 of Government Emergency Ordinance no. 108/2001 ... on agricultural holdings, approved with amendments and additions by Law no. 166/2002 , with subsequent amendments and completions; h) production capacities from animal husbandry and zootechnical installations; ... i) premises of agricultural companies, farms, canteens, bedrooms, mechanical workshops; ... j) hydrotechnical, hydroelectric or hydro-relief installations; ... k) other civil and commercial constructions; ... l) any other type of investment serving the agricultural holding as defined in art. 1 of Government Emergency Ordinance no. 108/2001 ... , approved with amendments and additions by Law no. 166/2002 , with subsequent amendments and completions. ---------- Item 8 of art. 3 3 has been introduced by section 2 2 of art. I of LAW no. 368 368 of 18 December 2013 , published in MONITORUL OFFICIAL no. 819 819 of 21 December 2013. + Article 4 The provisions of this law apply to the requests made and submitted, within the legal term, to the entities invested by the law, not resolved until the date of entry into force of this law, to the cases in the matter of restitution of the buildings the role of the courts *) * *) * **), as well as the cases before the European Court of Human Rights suspended under the pilot judgment of 12 October 2010, delivered in Case Maria Atanasiu and Others v. Romania, on the date of entry into force of the this law. Note ... ---------- * *) By CONSTITUTIONAL COURT DECISION no. 88 88 of 27 February 2014 , published in MONITORUL OFFICIAL no. 281 of 16 April 2014 the exception of unconstitutionality of the provisions art. 4 sentence of two of Law no. 165/2013 on measures to complete the process of restitution, in kind or by equivalent, of buildings improperly taken over during the period of the communist regime in Romania, finding that they are constitutional, insofar as, the deadlines provided in art. 33 of the same law does not apply to cases in the matter of restitution of immovable property, pending before the courts on the date of entry into force of the law. Under art. 147 of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003, the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between April 16, 2014 and May 31, 2014, if the deadlines provided for in art. 33 of the same law were applied to cases in the matter of restitution of immovable property, pending before the courts on the date of entry into force of the Law no. 165/2013 , the legal provisions attacked, have been suspended, ceasing their legal effects, as of June 1, 2014, to the extent that their application was maintained. ** **) By CONSTITUTIONAL COURT DECISION no. 210 210 of 8 April 2014 , published in MONITORUL OFFICIAL no. 418 of June 5, 2014 the exception of unconstitutionality of the provisions of art. 4 second sentence reported to those of art. 1 1 para. ((2) of Law no. 165/2013 on measures to complete the process of restitution, in kind or by equivalent, of buildings improperly taken over during the communist regime in Romania, finding that they are unconstitutional, in the previous drafting amending these provisions by Law no. 368/2013 to amend and supplement Law no. 165/2013 . Under art. 147 of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003, the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, as of June 5, 2014, if the regulations of art. 4 second sentence reported to those of art. 1 1 para. ((2) of Law no. 165/2013 , in writing prior to the amendment of these provisions by Law no. 368/2013 , they shall be suspended, and shall cease their legal effects, from 21 July 2014, to the extent that their application is maintained. *** ***) By CONSTITUTIONAL COURT DECISION no. 269 269 of 7 May 2014 , published in MONITORUL OFFICIAL no. 513 of 9 July 2014, the exception of unconstitutionality of the provisions art. 4 sentence of two of Law no. 165/2013 on measures to complete the process of restitution, in kind or by equivalent, of buildings improperly taken over during the period of the communist regime in Romania, establishing that they are constitutional in so far as the deadlines provided for in art. 34 34 para. (1) of the same law does not apply to cases in the matter of restitution of immovable property, pending before the courts on the date of entry into force of the law. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. In conclusion, from 9 July 2014 to 23 August 2014, the provisions art. 4 sentence of two of Law no. 165/2013 , to the extent that the deadlines provided for in art. 34 34 para. (1) of the same law were applied to cases in the matter of restitution of immovable property taken abusively, before the courts on the date of entry into force of the law, were suspended by law, ending its legal effects on August 24, 2014, if applied under the said conditions. ---------- + Chapter II Restitution in kind of buildings improperly taken over during the communist regime + Article 5 (1) Within 30 days from the entry into force of this law, at the level of each administrative-territorial unit shall be constituted, by order of the prefect, the local Commission for the inventory of land. ... (. The Commission shall consist of the following persons: ... a) the mayor of the municipality/city/municipality, who also has the status of President of the Commission; ... b) the secretary of the community/city/municipality; ... c) the representative of the prefect's institution, which ensures the direct and operative collaboration of the Commission with the other institutions with responsibilities in application of the provisions of ... d) a specialist in topographic measurements and in the identification of tarlals and plots within the administrative-territorial unit (cadastre specialist, surveyor engineer, agricultural engineer, agricultural subengineer, agricultural reviewer); ... e) a representative of the territorial office of cadastre and real estate advertising. ... ---------- Alin. ((2) of art. 5 5 has been amended by section 3 3 of art. I of LAW no. 368 368 of 18 December 2013 , published in MONITORUL OFFICIAL no. 819 819 of 21 December 2013. (3) Depending on the specifics of the locality, the Commission shall complete with the following persons ... a) a representative of the State Domains Agency; ... b) a representative of the Academy of Agricultural and Forestry Sciences "Gheorghe Ionescu-Sisesti"; ... c) a representative of the National Forest Regia-Romsilva; ... d) a representative of the National Agency for Fisheries and Aquaculture. ... (4) The procedure for establishing, the functioning, the powers of the Commission, as well as the rules on the preparation of the situation provided for 6 shall be established by the rules for the application of this law, which shall be adopted within 15 days from the date of its entry into force. ... + Article 6 (1) Within 180 days from the date of establishment, the commission provided for in art. 5 prepares, according to the norms for the application of this law, the situation of agricultural land, with or without investments, and forestry, in the public or private domain of the state or, as the case may be, of the administrative-territorial unit, which can do the object of reconstitution of ownership on each administrative-territorial unit. ... (2) The situation provided in par. (1) will indicate, by graphic determination on orthophotoplan *): ... a) the land constituting the reserve of the local land fund commission; ... b) land in public and private property of the state, with or without investments, under the administration of public authorities and institutions; ... c) land managed by research institutes and resorts, with or without investments; ... d) the land occupied by the springs ... e) other land identified as available for the refund. ... (3) The situation provided in par. (1) shall be aimed at the National Agency for Cadastre and Real Estate Advertising and shall be transmitted to the county land fund commission or, as the case may be, to the Land Fund Commission of Bucharest Municipality. ... (4) The county commission of land fund or, as the case may be, the Land Fund Commission of the Municipality of Bucharest centralizes the situations prepared at the level of the administrative-territorial units within 30 days of their receipt. The result of the centralization is transmitted to the State Domains Agency and the National Authority for Property Restitution ... (5) Within 60 days from the date of receipt of centralized situations on each county, the State Domains Agency and the National Authority for Property Restitution shall start the necessary legal procedures in order to change the legal regime of the land that is the subject of the centralizing situation, located in the public property of the state, and their passage, under the law, into the private property of the state to be affected restitution in kind or, as the case may be, valorization points awarded under this law. ... (5 ^ 1) The lands taken over by the local land fund commissions from the State Domains Agency in order to complete the restitution process and which were not subject to possession return, as the case may be, in the public or private domain of the state and in the administration of the State Domains Agency and are subject to the general regime of land restitution to former owners. ---------- Alin. (5 ^ 1) of art. 6 6 was introduced by the subsection. 1 1, point 2 2 of art. unique from LAW no. 103 103 of 23 May 2016 published in MONITORUL OFFICIAL no. 394 394 of 24 May 2016, amending art. I of EMERGENCY ORDINANCE no. 21 21 of 24 June 2015 published in MONITORUL OFFICIAL no. 468 468 of 29 June 2015. (5 ^ 2) They are exempted from the provisions of par. (5 ^ 1) the land areas for which the courts ordered the reconstitution on the former site, by irrevocable/definitive decisions. ---------- Alin. (5 ^ 2) of art. 6 6 was introduced by the subsection. 1 1, point 2 2 of art. unique from LAW no. 103 103 of 23 May 2016 published in MONITORUL OFFICIAL no. 394 394 of 24 May 2016, amending art. I of EMERGENCY ORDINANCE no. 21 21 of 24 June 2015 published in MONITORUL OFFICIAL no. 468 468 of 29 June 2015. (6) They are exempted from the application of the procedures provided in par. (5) land areas with agricultural destination indispensable to the research-development-innovation activity and to the multiplication of the plant and animal biological material, of public utility, provided in Annexes no. 1 1-5 and 7 in Law no. 45/2009 ... on the organization and functioning of the Academy of Agricultural and Forestry Sciences "Gheorghe Ionescu-Sisesti" and the research and development system in the fields of agriculture, forestry and food industry, with subsequent amendments and completions. ---------- Alin. ((6) of art. 6 6 was introduced by art. unique from LAW no. 168 168 of 29 June 2015 published in MONITORUL OFFICIAL no. 473 473 of 30 June 2015. + Article 7 (1) Until the establishment of the centralizing situation at the local level, the issuance of validation/invalidation decisions by the county land fund commissions or, as the case may be, by the Land Fund Commission of Bucharest Municipality, shall be suspended property titles, possession by local land fund commissions, as well as any other administrative procedures in the field of land restitution. ... (2) Provisions of para. ((1) are not applicable in the case of final and irrevocable judgments. ... + Article 8 (1) Within 120 days from the date of entry into force of this law, the local land fund commissions are required to centralize all outstanding restitution requests, in order to establish the land area necessary for the purpose of completion of the restitution process. ... (2) In order to carry out the situation provided in ((1) shall be taken into account: ... a) applications from unresolved files at the level of the local commission; ... b) requests from the files submitted to the county commission or, as the case may be, to the Land Fund Commission of Bucharest Municipality, with proposals for compensation; ... c) applications from the files registered with the National Authority for Property Restitution, if the entitled persons opt, under the conditions of art. 42, for the return of the file to the local commission, in order to assign land; ... d) final and irrevocable decisions rendered by the courts, having as object the restitution of land areas; ... e) the applications that were the basis of the files validated by the county commissions or, as the case may be, by the Land Fund Commission of the Municipality of Bucharest and located at the local commissions in order to establish the compensation files. ... (3) The situation of land areas necessary for the completion of the restitution process shall be transmitted to the county commission of land fund or, as the case may be, to the Land Fund Commission of Bucharest Municipality, within the period provided in par. ((1). ... + Article 9 (1) Institutes, research resorts and public institutions are obliged to hand over to the State Domains Agency, within 30 days from the date of publication in the Official Gazette of Romania, Part I, of the Government decision initiated according to art. 6 6 para. ((5), the land covered by it. The reception-reception minutes are also communicated to the National Authority for Property Restitution. ... (2) Within 30 days of taking over the land referred to in par. (1), the State Domains Agency shall inform the county commission of the land fund and the Land Fund Commission of Bucharest the available land on each administrative-territorial unit. ... (3) The provision of land available to the local land fund commission shall be made only after validation by the land-fund county commission and the Land Fund Commission of the Bucharest Municipality of the proposals for possession on these lands, but no later than January 1, 2015. ... + Article 10 (1) By March 1, 2014, the National Agency for Cadastre and Real Estate Advertising will carry out, for each county and at national level, the comparative situation of applications and availability of land, under the conditions provided in art. 6 6 para. ((2) *). ... (2) After completion, the situation shall be communicated to the National Authority for the Restitution of Properties and to the Agency of State ... + Article 11 (1) The local and county commissions of land fund or, as the case may be, the Land Fund Commission of the Municipality of Bucharest have the obligation to settle all claims for restitution, to carry out the positions in possession and to issue the property titles until Date 1 January 2017. ... ---------- Alin. ((1) of art. 11 11 has been amended by art. unique of EMERGENCY ORDINANCE no. 66 66 of 30 December 2015 published in MONITORUL OFFICIAL no. 986 of 31 December 2015, by extension of time. (2) In case of default within the period provided in par. ((1), the person who considers himself entitled may make a complaint to the court in whose territorial area the land is located, within 30 days. The judgment given by the court is only subject to appeal. The complaint is exempt from stamp duty. ... (3) Within 30 days from the fulfillment of the term provided in par. (1), the local land fund commissions are obliged to hand over to the State Domains Agency the areas taken over and unused within the restitution process. ... (4) If the complaint made according to par. (2) has as object a land handed over to the State Domains Agency according to para. ((3), this institution has the status of forced intervener in question. ... + Article 12 (1) If the return of agricultural land on old sites is not possible, after the validation of the extent of their ownership by the county land fund commissions or, as the case may be, by the Land Fund Commission, The city of Bucharest, the former owner or his heirs are assigned a land on another site, in the following order: ... a) on land in the reserve of the local land fund commission; ... b) on the publicly owned land, passed, under the law, in the private property of the state, or on the privately owned land of the state, which were administered within the administrative-territorial unit of institutes, by resorts of research or other public institutions; ... c) on the publicly owned land, passed, under the law, in the private property of the state, or on the privately owned land of the state, which were administered by the institutes, by research resorts or by public institutions within the radius neighbouring localities, located in the same county; ... d) on land occupied by islazes. ... ---------- Alin. ((1) of art. 12 12 has been amended by section 4 4 of art. I of LAW no. 368 368 of 18 December 2013 , published in MONITORUL OFFICIAL no. 819 819 of 21 December 2013. (2) For the land referred to in par. ((1) lit. d), the legal regime and the category of use can be changed only with the prior opinion of the Ministry of Agriculture and Rural Development and with the consent of citizens with the right to vote from the administrative-territorial unit, an agreement expressed following the a local referendum, according to the law, within the period provided for in 6 6 para. ((1). ... ---------- Alin. ((2) of art. 12 12 has been amended by section 4 4 of art. I of LAW no. 368 368 of 18 December 2013 , published in MONITORUL OFFICIAL no. 819 819 of 21 December 2013. (3) The assignment of land by the local commission is made in the order of registration of initial applications for restitution, in strict compliance with the order of the categories of land provided in par. ((1). The former owner or his heirs may refuse the land from the reserve of the local land fund commission or the communal pond, proposed for the refund. ... + Article 13 (1) If the restitution of forest land on the old sites is not possible, the reconstitution of the property right shall be made on other sites within the administrative-territorial unit, even if they were in the property of the Romanian state before 1948, subsequently entered the state property or were included in forestry facilities after this date. ... (2) In the situation where within the administrative-territorial unit there is no forest land available, the reconstruction of the property right is made on forest land located within other administrative-territorial units in the county, with the approval county land fund commission or, as the case may be, the Land Fund Commission of Bucharest Municipality. ... (3) The notion of forest land within the meaning of this law is defined in its implementing rules. ... + Article 14 If the land for the refund is made available within the radius of another administrative-territorial unit than that notified, the possession shall be made by the local commission to which its owner or heirs have deposited the application for reconstitution of the right of ownership art. 9 9 para. ((3) of Law no. 18/1991 , republished, with subsequent amendments and completions, with the information of the local commission from the respective administrative-territorial unit. + Article 15 Applications for the return of intravilane, agricultural land to the date of abusive takeover, Law no. 10/2001 , republished, with subsequent amendments and completions, shall be resolved in compliance with the limit of 50 ha of dispossessed owner, provided that this area has not been returned by application of the land fund laws. + Article 15 ^ 1 ((1) Where, after the request of the documents necessary for the establishment of the category of land use subject to the requests made in accordance with Law no. 10/2001 ... , republished, with subsequent amendments and completions, the compensation files shall not be completed with the requested information, the following shall be presumed: a) in the case of land located at the time of abusive takeover in the intravilan of urban type localities and on which there were constructions, an area of up to 1,000 sqm had the category of use courts and constructions; ... b) in the case of land located at the time of abusive takeover in the intravilan of rural localities and on which there were constructions, an area of up to 3,000 sqm had the category of use courts and constructions. ... (2) For surfaces that exced the limits provided in par. ((1) and for which, on the basis of existing documents, it cannot be established whether it falls within the maximum area provided for in art. 15, on the proposal of the Secretariat of the National Commission, the National Commission invalidates the decisions of the entities vested by the law, except those issued on the basis of irrevocable/definitive court decisions by which the courts established the existence stretching the right. ... ---------- Article 15 ^ 1 has been reintroduced by the sub-item. 2 2, point 2 2 of art. unique from LAW no. 103 103 of 23 May 2016 published in MONITORUL OFFICIAL no. 394 394 of 24 May 2016, amending art. I of EMERGENCY ORDINANCE no. 21 21 of 24 June 2015 published in MONITORUL OFFICIAL no. 468 468 of 29 June 2015. + Chapter III Granting of compensatory measures + Article 16 Applications for restitution that cannot be settled by restitution in kind at the level of the entities invested by the law shall be resolved by granting compensatory measures in the form of points, which shall be determined according to art. 21 21 para. ((6) and (7). + Article 17 (1) In order to complete the process of restitution in kind or, as the case may be, in the equivalent of the buildings improperly taken over during the communist regime, the National Commission for the Compensation of Buildings, hereinafter referred to as the Commission National, which operates under the Prime Minister's Chancellery and mainly has the following duties: ... a) validate/invalidate in whole or in part the decisions issued by the entities invested by the law containing the proposal for compensatory measures *); ... b) orders the issuance of decisions to compensate the buildings; ... c) ensure the coordination of the process of bidding/awarding of buildings from the National Fund of agricultural land and other buildings; ... d) take other legal measures necessary to enforce this law. ... (2) The National Commission shall consist of 11 members and shall have the following composition: ... a) the chairman of the National Authority for Property Restitution; ... b) Vice-Presidents of the National Authority for Property Restitution; ... c) a representative of the Prime Minister's Chancellery; ... d) President of the State Domains Agency ... e) a representative of the Department for Interethnic Relations within the General Secretariat of the Government; ... f) a representative of the Ministry of Agriculture and Rural Development; ... g) 2 representatives of the Ministry of Justice ... h) a representative of the Ministry of Internal Affairs ... (3) The nominal composition of the National Commission shall be established by decision of the Prime Minister, within 15 days from the date of entry into force of this Law. ... (4) The works of the National Commission are headed by the chairman of the National Authority for Property Restitution, which also serves as chairman of the National Commission. ... ---------- Alin. ((4) of art. 17 17 has been amended by section 5 5 of art. I of LAW no. 368 368 of 18 December 2013 , published in MONITORUL OFFICIAL no. 819 819 of 21 December 2013. (5) The Secretariat of the National Commission shall take over all the duties, rights and obligations of the Secretariat of the Central Commission for the Establishment of Compensation and shall be provided by the National Authority for the Rest ... ---------- Alin. ((5) of art. 17 17 has been amended by section 5 5 of art. I of LAW no. 368 368 of 18 December 2013 , published in MONITORUL OFFICIAL no. 819 819 of 21 December 2013. Note ... ---------- * *) By CONSTITUTIONAL COURT DECISION no. 686 686 of 26 November 2014 , published in MONITORUL OFFICIAL no. 68 of 27 January 2015 was admitted the exception of unconstitutionality of the provisions art. 17 17 para. ((1) lit. a) of Law no. 165/2013 on measures to complete the process of restitution, in kind or by equivalent, of buildings improperly taken over during the period of the communist regime in Romania, finding that they are constitutional insofar as they do not apply decisions/provisions of entities invested with the resolution of notifications, issued in the execution of judicial decisions by which the courts have ruled irrevocably/definitively on the quality of entitled persons and on the extent of the right of property. Under art. 147 of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003, the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 27 January 2015 and 13 March 2015, the provisions art. 17 17 para. ((1) lit. a) of Law no. 165/2013 on measures to complete the process of restitution, in kind or by equivalent, of buildings improperly taken over during the communist regime in Romania, have been suspended, in so far as they apply to decisions/provisions entities vested with the resolution of notifications, issued in the execution of judicial decisions by which the courts have ruled irrevocably/definitively on the quality of persons entitled and on the extent of the right of property, ceasing its legal effects, as of 14 March 2015, if applicable under the conditions Mentioned. ---------- + Article 18 (1) The National Commission shall operate on the basis of the provisions of this Law and its own organization and functioning regulation The Regulation of the National Commission is approved by decision of the Prime Minister, within 30 days from the date of entry into force of this Law. ... (2) In carrying out its duties, the National Commission shall issue decisions under the signature of its The National Commission shall work at the meeting in the presence of at least 7 members and shall decide by a majority of the members ... (3) The National Commission takes over the powers of the Central Commission for the Establishment of Compensation and operates until the restitution process is completed. ... + Article 19 In order to avoid possible fraud or attempts to corrupt the members of the National Commission, the following measures shall be established in application of this law: a) the appointment and replacement of the members of the National Commission shall be made by decision of the Prime Minister, except for those provided in art. 17 17 para. ((2) lit. a), b) and d), who become members, of law, by decision or, respectively, the order of appointment; ... ---------- Lit. a) of art. 19 19 has been amended by section 4.2 6 6 of art. I of LAW no. 368 368 of 18 December 2013 , published in MONITORUL OFFICIAL no. 819 819 of 21 December 2013. b) members of the National Commission receive monthly allowance representing 50% of the monthly allowance of the President of the National Authority for Property Restitution. The allowance is granted in the months in which the National Commission carries out at least one meeting. ... + Article 20 (1) In order to capitalize on the points granted according to 16, the National Fund of Agricultural Land and Other Real Estate, managed by the State Domains Agency, hereinafter referred to as the National Fund. ... (2) The national fund is initially constituted by agricultural land which is not the subject of a refund in kind, in the private property of the State and in the administration of the State Domain Agency, affected by the granting of compensatory measures this law. ... (3) The national fund may be completed with other real estate of the state, at the proposal of the holding public institutions. ... (4) By May 1, 2015 *), the Agency of Public State Domains on its website and transmit to the National Authority for the Restitution of Properties the list of buildings from the National Fund. The list is completed with the buildings that are transmitted in the private property of the state and in the administration of the State Domains Agency, under the present law *). ... (5) The lands made available to the local commissions in order to complete the restitution process, but unrestricted to the former owners until January 1, 2017 enter, by right, into the National Fund and are affected by the valorization of the points granted under this law. ... ---------- Alin. ((5) of art. 20 20 has been amended by art. unique of EMERGENCY ORDINANCE no. 66 66 of 30 December 2015 published in MONITORUL OFFICIAL no. 986 of 31 December 2015, by extension of time. (6) At the request of the State Domains Agency, the National Authority for Property Restitution checks the way in which the local and county commissions or, as the case may be, the Land Fund Commission of the Municipality of Bucharest ordered the land taken from The Agency of the State Domains through reception-reception protocols and takes measures for the passage of unrestricted areas to the National Fund. ... (7) By January 1, 2015, the National Commission will make public the value of each building from the National Fund, as it follows through the application of the notary grid valid on the date of entry into force of this Law. For buildings listed in the National Fund after 1 January 2015, the value shall be published within 30 days. *) ... + Article 21 (1) In order to grant compensatory measures for buildings that cannot be returned in kind, the entities vested by the law shall transmit to the Secretariat of the National Commission the decisions containing the proposal for compensatory measures, the whole documentation that was the basis of their issuance and the documents certifying the legal situation of the property of the refund at the time of issue of the decision, including any documents on demolished constructions. ... (2) The decisions of the entities invested by the law will be accompanied by documents certifying the impossibility of assigning in total or partial compensation of other buildings/goods/services available to the entity invested by the law. ... ((3) The provisions of the local public administration authorities Law no. 10/2001 , republished, with subsequent amendments and completions, shall be transmitted to the Secretariat of the National Commission after the exercise of legality control by the prefect. Provisions art. 11 11 para. ((1) and (2) of the Law on Administrative Litigation no. 554/2004 , with subsequent amendments and completions, remain applicable. ... (4) The county land fund commissions and the Land Fund Commission of the Municipality of Bucharest may propose to the National Commission the settlement of restitution requests by granting compensatory measures according to the present law only after the exhaustion of the areas of agricultural land affected by restitution in kind, identified at local level. ... (5) The Secretariat of the National Commission, on the basis of the documents transmitted, shall verify the files from the point of view of the existence of the right of the person who considers himself entitled to remedies. In order to clarify the issues in the file, the Secretariat of the National Commission can request documents in addition to the entities invested by the law, the holders of the files and any other institutions that could hold relevant documents *). ... (6) The assessment of the property subject to the decision shall be made by applying the notary grid valid on the date of entry into force of this Law by the Secretariat of the National Commission and shall be expressed in points. One point has the value of a lion. ... ((6 ^ 1) If, through the documents existing in the compensation file, the site or the technical characteristics of the property for which compensation is established cannot be established, the assessment is made by applying the minimum value for the area or the category of building provided by the notary grid for the respective locality, according to the provisions of ((6). ---------- Alin. (6 ^ 1) of art. 21 21 has been introduced by section 7 7 of art. I of LAW no. 368 368 of 18 December 2013 , published in MONITORUL OFFICIAL no. 819 819 of 21 December 2013. ((6 ^ 2) If, through the documents existing in the compensation file, they cannot/can establish the surface and/or the description, from an architectural point of view, of the constructions for which compensation is established, compensatory measures are granted for a useful surface of 21 square meters. The assessment shall be made by applying the minimum value for the area or category of immovable provided by the notary grid applicable to that locality. ---------- Alin. (6 ^ 2) of art. 21 21 has been reintroduced by the subsection. 3 3, point 2 2 of art. unique from LAW no. 103 103 of 23 May 2016 published in MONITORUL OFFICIAL no. 394 394 of 24 May 2016, amending art. I of EMERGENCY ORDINANCE no. 21 21 of 24 June 2015 published in MONITORUL OFFICIAL no. 468 468 of 29 June 2015. (7) The number of points is determined after the decrease in the updated amount of compensation collected for the property assessed according to par. ((6). ... ((8) After the verification and evaluation, at the proposal of the Secretariat of the National Commission, the National Commission validates or invalidates the decision of the entity invested by the law and, as the case may be, approves the score ((7) *). ... (9) In case of validation of the decision of the entity invested by the law, the National Commission issues the decision to compensate by points of the property taken abusively. ... (10) By exception to the provisions of art. 17 17 para. ((1) lit. a) and art. 21 21 para. (5) and (8), in the case of files containing decisions of the entities invested with the resolution of notifications issued in the execution of judicial decisions by which the courts have ruled irrevocably/definitively on the quality of persons entitled to compensatory measures, the National Commission issues, at the proposal of the Secretariat of the National Commission, the compensation decision by the number of points set according ((7). ... ---------- Alin. ((10) of art. 21 21 was introduced by the subsection. 4 4, point 2 2 of art. unique from LAW no. 103 103 of 23 May 2016 published in MONITORUL OFFICIAL no. 394 394 of 24 May 2016, amending art. I of EMERGENCY ORDINANCE no. 21 21 of 24 June 2015 published in MONITORUL OFFICIAL no. 468 468 of 29 June 2015. Note ... ---------- * *) By CONSTITUTIONAL COURT DECISION no. 686 686 of 26 November 2014 , published in MONITORUL OFFICIAL no. 68 of 27 January 2015 was admitted the exception of unconstitutionality of the provisions art. 21 21 para. ((5) and (8) of Law no. 165/2013 on measures to complete the process of restitution, in kind or by equivalent, of buildings improperly taken over during the period of the communist regime in Romania, finding that they are constitutional insofar as they do not apply decisions/provisions of entities invested with the resolution of notifications, issued in the execution of judicial decisions by which the courts have ruled irrevocably/definitively on the quality of entitled persons and on the extent of the right of property. Under art. 147 of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003, the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between 27 January 2015 and 13 March 2015, the provisions art. 21 21 para. ((5) and (8) of Law no. 165/2013 on measures to complete the process of restitution, in kind or by equivalent, of buildings improperly taken over during the communist regime in Romania, have been suspended, in so far as they apply to decisions/provisions entities vested with the resolution of notifications, issued in the execution of judicial decisions by which the courts have ruled irrevocably/definitively on the quality of persons entitled and on the extent of the right of property, ceasing its legal effects, as of 14 March 2015, if applicable under the conditions Mentioned. ---------- + Article 22 By exception to the evaluation procedure provided by art. 21 21 para. ((6) and (7), the Secretariat of the National Commission shall review the files containing decisions issued pursuant to art. 6 6 para. ((4) and art. 31 31 of Law no. 10/2001 , republished, with subsequent amendments and completions, and proposes to the National Commission the validation or invalidation of remedies at the level established by the decision of the entity invested by the law. + Article 23 (1) The nominal securities issued by the Ministry of Public Finance pursuant to art. 30 30 of Law no. 10/2001 , republished, with subsequent amendments and completions, until the date of entry into force of this law and invalid within the framework of an available capital offer issued pursuant to Government Decision no. 498/2003 for the approval of the Methodological Norms Law no. 10/2001 on the legal regime of some buildings improperly taken over from March 6, 1945 to December 22, 1989, with subsequent amendments and completions, shall be converted by the decision to compensate the National Commission, after the procedure provided for of art. 21 21 para. ((5). ... (2) The National Commission shall discuss the file transmitted by the entity vested by the law only after the submission of the conversion request and the securities denominated in original by the entitled person. ... (3) If the National Commission has the invalidation of the decision of the entity invested by the law on the basis of which nominal securities have been issued, they shall be preserved at the Secretariat of the National Commission. ... + Article 24 (1) The points established by the compensation decision issued in the name of the holder of the right of property, former owner or legal or testamentary heirs of the property, cannot be affected by capping measures. ... (2) In the cases in which compensatory measures are granted to persons other than the holder of the right of property, former owner or legal or testamentary heirs thereof, a number of points equal to the amount of the price paid to the former owner or legal or testamentary heirs of the latter for the trading of the property right and a percentage of 15% of the difference up to the value of the property established according to art. 21 21 para. ((6). ... (3) The number of points granted under par. (2) may not represent a value higher than that established according to art. 21 21 para. ((6) and (7). ... (4) If the documents submitted to the refund file do not result in the price paid to the former owner or to his legal or testamentary heirs for the trading of the property right, the points will represent the equivalent of 15% of the value established according to Article 21 21 para. ((6). ... (5) As of the date of entry into force of this Law, persons entering into transactions concerning rights to buildings subject to restitution laws are required to communicate to the National Authority for Property Restitution, in days, a copy of the act by which the transaction was concluded. ... ((6) Documents submitted after the deadline provided in par. (5) shall not be taken into account by the National Commission when issuing the decision. ... (7) The National Authority for Property Restitution shall transmit to the National Office for Prevention and Control of Money Laundering, within 5 days from receipt, a copy of the documents provided in par. ((5). ... + Article 25 (1) The compensation decision issued by the National Commission shall be communicated to the entitled persons, within 45 days from the date of issue. ... (2) The decision of invalidation issued by the National Commission shall be motivated and communicated both to the holders and to the entities invested by the law, within 60 days from the date of issue. ... + Article 26 The acts that formed the basis of the decisions of the National Commission have archiving regime of 50 years and are submitted, at the end of the activity of the National Commission, at the Prime Minister's Chancellery + Article 27 ((1) The points awarded by the compensation decision may be capitalized by the purchase of real estate from the National Fund at the national public auction, starting with January 1, 2017. ... ---------- Alin. ((1) of art. 27 27 has been amended by art. unique of EMERGENCY ORDINANCE no. 66 66 of 30 December 2015 published in MONITORUL OFFICIAL no. 986 of 31 December 2015, by extension of time. ((2) Real estate auctions shall be organized weekly at the headquarters of the National Agency for Cadastre and Real Estate Advertising and shall be carried out as a videoconference. ... (3) The participation in the auction of the holders of points is free of charge, provided that prior registration is registered at the territorial offices of the National Agency for Cadastre and Real Estate Advertising. ... (4) The Regulation on the organization of the tender shall be approved by the National Commission by July 1, 2015 and shall be published on the website of the State Domains Agency, the National Agency for Cadastre and Real Estate Advertising and the Authority National for Property Restitution. *) ... (5) The tendering commission will be composed of 7 members, as follows: ... a) 2 representatives of the State Domains Agency; ... b) 2 representatives of the National Agency for Cadastre and Real Estate Advertising; ... c) 3 representatives of the National Authority for Property Restitution. ... (6) In order to avoid possible fraud or attempted corruption, the members of the auction committee shall benefit from a monthly allowance representing 50% of the monthly allowance of the President of the National Authority for Property Restitution. ... + Article 28 The National Agency for Cadastre and Real Estate Advertising, through its territorial units, has the obligation to draw up the cadastral situation of the buildings of the National Fund. + Article 29 Persons awarded by buildings in the auctions shall be issued, within 10 days, a minutes of adjudication, which shall be submitted to the National Agency for Cadastre and Real Estate Advertising in order to register in the land register. + Article 30 The National Agency for Cadastre and Real Estate Advertising completes the registration in the land book within 60 days from the receipt of the minutes of adjudication. + Article 31 (1) Within 3 years from the issuance of the compensation decision by points, but not earlier than January 1, 2017, the holder may opt to capitalize on the points and in cash. ... (2) In application of para. (1), the holder may request, annually, after January 1, 2017, to the National Authority for the Restitution of Properties the issuance of a payment title for no more than 20% of the number of points granted by the compensation decision and national real estate auctions. ... ---------- Alin. ((2) of art. 31 31 has been modified by the subsection. 5 5, point 2 2 of art. unique from LAW no. 103 103 of 23 May 2016 published in MONITORUL OFFICIAL no. 394 394 of 24 May 2016, amending art. I of EMERGENCY ORDINANCE no. 21 21 of 24 June 2015 published in MONITORUL OFFICIAL no. 468 468 of 29 June 2015. (2 ^ 1) The value of a payment title may not be less than 5,000 lei, provided that the amount thus granted does not exceed the total compensation established. ---------- Alin. (2 ^ 1) of art. 31 31 was introduced by the subsection. 6 6, point 2 2 of art. unique from LAW no. 103 103 of 23 May 2016 published in MONITORUL OFFICIAL no. 394 394 of 24 May 2016, amending art. I of EMERGENCY ORDINANCE no. 21 21 of 24 June 2015 published in MONITORUL OFFICIAL no. 468 468 of 29 June 2015. ((3) The amounts contained in the securities referred to in par. (2) shall be paid by the Ministry of Public Finance no later than 180 days after issue. ... (4) Unconverted cash points may continue to be used in national real estate auctions. ... (5) The method of cash recovery shall be determined by the rules for the application of this law. ... + Chapter IV Measures to expedite the resolution of requests for restitution + Article 32 (1) A period of revocation in the administrative procedure of 120 days is established, in which persons who consider themselves entitled may complete with documents the files submitted to the entities invested by the law. The period shall run from the date on which the person is notified in writing of the documents necessary to settle his application. ... ---------- Alin. ((1) of art. 32 32 has been amended by section 8 8 of art. I of LAW no. 368 368 of 18 December 2013 , published in MONITORUL OFFICIAL no. 819 819 of 21 December 2013. (2) The term provided in par. (1) may be extended at the written request of the person who considers himself entitled or the legal representative, by decision of the head of the entity vested by the law or the person empowered by him, once, for a period of 60 days, if the person who considers himself entitled makes proof of taking steps to complete the file in relation to other institutions. ... (3) The request for extension of the deadline will be made within the deadline provided in par. (1) and will be accompanied by proof of the steps taken. ... (4) The holding institutions shall be required to issue, within 30 days from the date of registration of the application, the required supporting documents. ... + Article 33 (1) The entities vested by the law are required to settle the claims made according to Law no. 10/2001 , republished, with subsequent amendments and completions, recorded and unresolved until the date of entry into force of this law and to issue decision of admission or rejection thereof, as follows: ... a) within 12 months, the entities invested by the law that still have to settle a number of up to 2,500 applications; ... b) within 24 months, the entities invested by the law that still have to settle a number of between 2,500 and 5,000 applications; ... c) within 36 months, the entities invested by the law that still have to settle a number of more than 5,000 applications. ... (2) The terms provided in par. (1) shall run from 1 January 2014. ... (3) The entities vested by the law have the obligation to establish the number of registered and unresolved applications, to display these data at their headquarters and to communicate them to the National Authority for Property Restitution. The data transmitted by the entities invested by the law will be centralized and published on the website of the National Authority for Property Restitution. ... ((. Applications shall be considered in the order of their registration with the entities referred to in paragraph ((1). By way of exception, applications made by persons certified by entities designated by the Romanian State or other Member States of the European Union, as survivors of the Holocaust, living on the date of publication in the The Official Gazette of Romania, Part I, of the present law. ... ---------- Alin. ((4) of art. 33 33 has been modified by the subsection. 7 7, point 2 2 of art. unique from LAW no. 103 103 of 23 May 2016 published in MONITORUL OFFICIAL no. 394 394 of 24 May 2016, amending art. I of EMERGENCY ORDINANCE no. 21 21 of 24 June 2015 published in MONITORUL OFFICIAL no. 468 468 of 29 June 2015. + Article 34 (1) The files registered with the Secretariat of the Central Commission for the Establishment of Compensation will be resolved within 60 months from the date of entry into force of this Law, except for the land fund files, which will be settled in month term *) ... Note ... ---------- * *) By CONSTITUTIONAL COURT DECISION no. 269 269 of 7 May 2014 , published in MONITORUL OFFICIAL no. 513 of 9 July 2014, the exception of unconstitutionality of the provisions art. 4 sentence of two of Law no. 165/2013 on measures to complete the process of restitution, in kind or by equivalent, of buildings improperly taken over during the period of the communist regime in Romania, establishing that they are constitutional in so far as the deadlines provided for in art. 34 34 para. (1) of the same law does not apply to cases in the matter of restitution of immovable property, pending before the courts on the date of entry into force of the law. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. In conclusion, between July 9, 2014 and August 23, 2014, the provisions invoked above, in so far as the deadlines provided in art. 34 34 para. (1) of the same law were applied to cases in the matter of restitution of immovable property taken abusively, before the courts on the date of entry into force of the law, were suspended by law, ending its legal effects on August 24, 2014, if applied under the said conditions. ---------- (2) The files to be submitted to the Secretariat of the National Commission after the date of entry into force of this Law will be resolved within 60 months from the date of their registration, except for the land fund files, which will be resolved within 36 months. ... (3) The number of files provided in par. (1) and the date of registration of the files provided in paragraph (2) shall be published on the website of the National Authority for Property Restitution and shall be communicated, upon request, to entitled persons. ... (4) The files shall be settled in the order of their registration with the Secretariat of the Central Commission for the Establishment of Compensation and the Secretariat of the National Commission ... ---------- Alin. ((4) of art. 34 34 was introduced by the subsection. 8 8, point 2 2 of art. unique from LAW no. 103 103 of 23 May 2016 published in MONITORUL OFFICIAL no. 394 394 of 24 May 2016, amending art. I of EMERGENCY ORDINANCE no. 21 21 of 24 June 2015 published in MONITORUL OFFICIAL no. 468 468 of 29 June 2015. (5) By exception to the provisions of par. (4), shall be settled as a priority: ... a) the files in which the Secretariat of the National Commission requested documents according to art. 21 21 para. ((5); ... b) the files in which the decisions of the entities invested with the resolution of the notifications were issued in the execution of irrevocable/definitive court decisions, which found the ownership and its extent; ... c) the files constituted on the basis of the requests made by the persons referred to in 33 33 para. ((4). ... ---------- Alin. ((5) of art. 34 34 was introduced by the subsection. 8 8, point 2 2 of art. unique from LAW no. 103 103 of 23 May 2016 published in MONITORUL OFFICIAL no. 394 394 of 24 May 2016, amending art. I of EMERGENCY ORDINANCE no. 21 21 of 24 June 2015 published in MONITORUL OFFICIAL no. 468 468 of 29 June 2015. + Article 35 (1) Decisions issued in compliance with art. 33 and 34 may be appealed by the person who considers himself entitled to the civil section of the tribunal in whose constituency the seat of the entity is located, within 30 days from the date of communication. ... (2) If the entity vested by the law does not issue the decision within the deadlines provided in art. 33 and 34, the person who considers himself entitled may apply to the court provided in par. ((1) within 6 months from the expiry of the time limits provided by law for the settlement of applications. ... (3) In the cases provided in par. (1) and (2), the court shall rule on the existence and extent of the right of property and order the refund in kind or, as the case may be, the granting of remedies under the conditions of this law. ... (4) The judicial decisions rendered according to par. (3) are subject only to appeal. ... ((5) Applications or legal proceedings made pursuant to paragraph 1. ((1) and (2) are exempt from the stamp duty. ... + Chapter V Sanctions + Article 36 It constitutes contravention to the commission of any of the following facts, if not committed under such conditions that, according to the criminal law, to be considered crimes: a) failure by the members of the local commission of the obligation provided in art. 6 6 para. ((1); ... b) the non-communication of the centralizing situation by the chairman of the commission provided for in 5, subject to art. 6 6 para. ((4); ... c) the act of the person who prevents in any way the preparation of the situation provided 6 6 para. ((1); ... d) refusal to hand over the remaining land areas at the disposal of the local and county commissions or, as the case may be, of the Land Fund Commission of the Municipality of Bucharest to the State Domains Agency; ... e) the refusal of institutes, research resorts and public institutions to hand over to the State Domains Agency the buildings requested within the period provided by art. 9 9 para. ((3); ... f) non-compliance with the award order provided for in 12 12 para. ((1); ... g) the act of the person who refuses to make available to the local land fund commission the forest areas necessary to complete the restitution process; ... h) non-compliance with the deadlines provided by this law ... i) the act of the natural person, who is a member of the local or county commission, to prevent in any way or to unduly delay the reconstruction or constitution, as the case may be, of the ownership or the issuance of the title of property to entitled persons. ... ---------- Lit. i) of art. 36 was introduced by the subsection. 9 9, point 2 2 of art. unique from LAW no. 103 103 of 23 May 2016 published in MONITORUL OFFICIAL no. 394 394 of 24 May 2016, amending art. I of EMERGENCY ORDINANCE no. 21 21 of 24 June 2015 published in MONITORUL OFFICIAL no. 468 468 of 29 June 2015. + Article 37 The contraventions provided in art. 36 is sanctioned with a fine of 10,000 lei per 100,000 lei. + Article 38 If, following the application of the contraventions provided by the land fund legislation and the present law, the chairman of the local commission continues to delay the completion of the validation procedure, possession and issuance of the title of property, the prefect or the National Authority for Property Restitution may order its revocation as chairman of the local commission and the appointment of another person between the heads of the deconcentrated services at the county level or, respectively, the employees of the National Authority for Property Restitution. + Article 39 (1) Finding the contraventions provided in art. 36 and the application of the sanctions provided in 37 shall be made by the powers of the National Authority for the Restitution of Properties or by the prefect or its powers. ... (2) The amounts from the fines imposed according to this law are made to the state budget. ... + Article 40 Provisions art. 37 is completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter VI Transitional and final provisions + Article 41 ((1) Payment of the amounts of money representing compensation in the files approved by the Central Commission for the Establishment of Compensation before the entry into force of the present law, as well as the amounts established by judicial decisions, remaining final and irrevocable on the date of entry into force of this Law, shall be made within 5 years, in equal annual instalments, from 1 January 2014. ... (2) The amount of a tranche may not be less than 5,000 lei. ... (3) In order to fulfill the obligations set out in (1), the National Commission shall issue securities, by applying the specific procedure to the Central Commission for the Establishment of Compensation. ... (4) The payment title shall be issued by the National Authority for the Restitution of Properties under the conditions of par. ((1) and (2) and shall be paid by the Ministry of Public Finance no later than 180 days after issue. ... (5) The obligations regarding the issuance of securities established by final and irrevocable court decisions on the date of entry into force of this law shall be executed according to art. 21. ... + Article 42 (1) The entitled persons may opt for the return of the files registered with the Secretariat of the Central Commission for the Establishment of Compensation to the local land fund commissions in order to return to the nature of the land, within 60 days from the date of entry into force of this Law. ... (2) Within the period provided in par. (1), may opt for the return of files to local land fund commissions and persons who have not capitalized on the compensation securities issued by the Central Commission for the Establishment of Compensation. ... (3) The files registered with the Secretariat of the Central Commission for the Establishment of Compensation for which the return option is not exercised to the local land fund commissions shall be submitted to the Secretariat of the National Commission for settlement according to the provisions of the ... + Article 43 Applications submitted pursuant to art. 36 36 para. ((5) of Law no. 18/1991 , republished, with subsequent amendments and completions, and of art. 34 34 of Law no. 1/2000 , with subsequent amendments and completions, aimed at land with the category of courts-constructions, outstanding until the date of entry into force of this law, shall be transmitted to the commissions set up in addition to the local public authorities for the application Law no. 10/2001 , for settlement purposes. + Article 44 On the date of entry into force of this Law, paragraph 1 of Article 38 of Law no. 10/2001 , republished in the Official Gazette of Romania, Part I, no. 798 of September 2, 2005, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 38. -(1) Failure to comply with the obligations laid down by this law shall entail the contravention liability of the head of the local or central public administration authority, of the institution or, as the case may be, of the autonomous directing company cooperative to which they incite these obligations. " + Article 45 ((1) The mobiles set out in Annex no. 2 lit. a) section 1 1, 2 and 4 in Law no. 10/2001 , republished, with subsequent amendments and completions, to art. 1 1 para. (10) of Government Emergency Ordinance no. 94/2000 , republished, with subsequent amendments and completions, and to art. 1 1 para. (5) of Government Emergency Ordinance no. 83/1999 , republished, shall be returned to the former owners or, as the case may be, to their heirs, provided that the public interest is maintained for a period of 10 years. ... (2) Provisions of para. ((1) shall also apply accordingly to buildings occupied by public institutions of culture requested according to Government Emergency Ordinance no. 94/2000 , republished, with subsequent amendments and completions, and according to Government Emergency Ordinance no. 83/1999 , republished. ... (3) The provisions regarding the maintenance of the public interest affect for a period of 10 years shall also apply to the land related to the buildings provided in par. ((1) and (2), necessary to carry out in optimal conditions the activities of public interest. ... (4) The maintenance of the public interest shall be determined by the entity vested by the law, by the decision of restitution in kind, on the reasoned proposal of the current holder of the property. ... ---------- Alin. ((4) of art. 45 45 has been amended by section 3 3 of art. I of LAW no. 65 65 of 31 March 2015 , published in MONITORUL OFFICIAL no. 226 226 of 2 April 2015 supplementing EMERGENCY ORDINANCE no. 115 115 of 23 December 2013 , published in MONITORUL OFFICIAL no. 835 of 24 December 2013, with art. IV. ((5) Abrogat. ... ---------- Alin. ((5) of art. 45 45 has been repealed by section 6.6. 3 3 of art. I of LAW no. 65 65 of 31 March 2015 , published in MONITORUL OFFICIAL no. 226 226 of 2 April 2015 supplementing EMERGENCY ORDINANCE no. 115 115 of 23 December 2013 , published in MONITORUL OFFICIAL no. 835 of 24 December 2013, with art. IV. (6) During the maintenance of the public interest, the obligation to pay the maintenance expenses related to the property lies with its current owner. ... ---------- Alin. ((6) of art. 45 45 has been amended by section 3 3 of art. I of LAW no. 65 65 of 31 March 2015 , published in MONITORUL OFFICIAL no. 226 226 of 2 April 2015 supplementing EMERGENCY ORDINANCE no. 115 115 of 23 December 2013 , published in MONITORUL OFFICIAL no. 835 of 24 December 2013, with art. IV. ((6 ^ 1) During the period of maintenance of the public interest, the new owner benefits from the payment of a rent, which is determined according to the value of the property by reference to the notary grid valid at the date of conclusion or extension of the contract Rental. In the case of constructions with an area of up to 300 square meters, the notarial grid related to the construction of the dwelling shall be applied to the calculation For the area that exceeds the limit of 300 sqm, the notary grid related to industrial space construction applies. ---------- Alin. (6 ^ 1) of art. 45 45 has been introduced by section 3 3 of art. I of LAW no. 65 65 of 31 March 2015 , published in MONITORUL OFFICIAL no. 226 226 of 2 April 2015 supplementing EMERGENCY ORDINANCE no. 115 115 of 23 December 2013 , published in MONITORUL OFFICIAL no. 835 of 24 December 2013, with art. IV. (6 ^ 2) The annual amount of the rent cannot exceed 6% of the value of the construction, respectively 4% of the value of the land, established according to par. ((6 ^ 1). ---------- Alin. (6 ^ 2) of art. 45 45 has been introduced by section 3 3 of art. I of LAW no. 65 65 of 31 March 2015 , published in MONITORUL OFFICIAL no. 226 226 of 2 April 2015 supplementing EMERGENCY ORDINANCE no. 115 115 of 23 December 2013 , published in MONITORUL OFFICIAL no. 835 of 24 December 2013, with art. IV. (6 ^ 3) The new owner and the current owner of the property will conclude a lease, in written form, within 60 days from the date of issue of the decision on restitution in kind. ---------- Alin. (6 ^ 3) of art. 45 45 has been introduced by section 3 3 of art. I of LAW no. 65 65 of 31 March 2015 , published in MONITORUL OFFICIAL no. 226 226 of 2 April 2015 supplementing EMERGENCY ORDINANCE no. 115 115 of 23 December 2013 , published in MONITORUL OFFICIAL no. 835 of 24 December 2013, with art. IV. ((6 ^ 4) The payment of the obligations arising from the rental contracts shall be ensured from the funds provided with this destination in the approved income and expenditure budgets, under the law. ---------- Alin. (6 ^ 4) of art. 45 45 has been introduced by section 3 3 of art. I of LAW no. 65 65 of 31 March 2015 , published in MONITORUL OFFICIAL no. 226 226 of 2 April 2015 supplementing EMERGENCY ORDINANCE no. 115 115 of 23 December 2013 , published in MONITORUL OFFICIAL no. 835 of 24 December 2013, with art. IV. (7) If the entire area of the property is not necessary for public interest activities, it may be restricted, with the rent recalculated accordingly. ... (8) If, during the period provided in par. (1), the building is no longer necessary for public interest activities, the obligation to maintain the impairment ceases by law. ... + Article 46 On the date of entry into force of this Law, in Article II of Title VI ' Amendment and completion Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 " Law no. 247/2005 , published in the Official Gazette of Romania, Part I, no. 653 of 22 July 2005, as amended and supplemented, paragraph 1 shall be amended and shall read as follows: "" Art. II. -(1) It is established within the National Authority for the Restitution of Properties a direction for the coordination of the application of the legislation in the field of land ownership restitution by the state administration institutions and the substantive commissions land, ensuring their unitary application of the regulations in the field. " + Article 47 On the date of entry into force of this Law, after paragraph 1 of Article 51 of the Law no. 18/1991 , republished in the Official Gazette of Romania, Part I, no. 1 of 5 January 1998, with subsequent amendments and completions, three new paragraphs are inserted, paragraphs 2 to 4, with the following contents: " (2) In the event of a total or partial overlap as a result of the issuance of two or more property titles on the same sites, the county commission is competent to order the total or partial cancellation of the securities issued later first title. (3) The county commission will order the issuance of a new title instead of the annulled or, as the case may be, propose the granting of compensatory measures according to the law on measures to complete the restitution process, in kind or by equivalent, a buildings improperly taken over during the communist regime in Romania. ... (4) Provisions art. 53 53 para. ((2) remain applicable. " ... + Article 48 On the date of entry into force of this Law, paragraph 2 of Article 10 of Law no. 10/2001 , republished, with subsequent amendments and completions, shall be amended and shall read as follows: " (2) If new authorized constructions were built on the land improperly taken over, the entitled person will obtain the restitution in kind of the land part remaining free, and for the area occupied by new constructions, the affected one legal servitutes, green spaces, as established by art. 3 lit. a)-f) of Law no. 24/2007 on the regulation and administration of green spaces in the localities, republished, with subsequent amendments and completions, as well as other public utility facilities of urban and rural localities establish in the equivalent. ' + Article 49 On the date of entry into force of this Law, paragraph 4 of Article 31 of Law no. 10/2001 , republished, with subsequent amendments and completions, shall be amended and shall read as follows: "" (4) The recounting of the value of the shares is based on the net asset value of the last accounting balance, with the use of the discount coefficient established by the National Bank of Romania by Order no. 3/2001 on the coefficient of updating the value of the leu from June 11, 1948 until February 14, 2001 and the inflation index established by the National Institute of Statistics, as well as the provisions Law no. 303/1947 for the recalculation of the assets of the stock companies, if the balance sheet is prior to that The update shall be made by 14 February 2001. ' + Article 50 On the date of entry into force of this Law: a) the phrase "compensation granted under the conditions of special provisions on the regime of establishment and payment of compensation related to buildings improperly taken", contained in Law no. 10/2001 , republished, with subsequent amendments and completions, is replaced by the phrase " compensatory measures under the law on certain measures for the completion of the restitution process, in kind or by equivalent, of the buildings taken abusive, during the communist regime in Romania "; ... b) any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, shall be repealed; ... c) Articles 13, 14, 14 ^ 1, 14 ^ 2, 15 letters a)-d) and f), Articles 16, 17, 18, 18 ^ 1, 18 ^ 2, 18 ^ 3, 18 ^ 4, 18 ^ 5, 18 ^ 6, 18 ^ 7, 18 ^ 8, 18 ^ 9 and Article 22 of Title VII "Conditions of establishment and payment of compensation related to buildings improperly taken over" Law no. 247/2005 , with subsequent amendments and completions, as well as any provision contrary to this law shall be repealed. ... + Article 51 On the date of entry into force of this Law, Articles 5 and 12 of the Law no. 214/2011 for the organization, administration and exploitation of the meadows, published in the Official Gazette of Romania, Part I, no. 819 of 21 November 2011, with subsequent amendments and completions. + Article 52 On 1 January 2016, paragraph 3 of Article 18 of the Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, is repealed. This law was adopted pursuant to the provisions of art. 114 114 para. (3) of the Romanian Constitution, republished, following the commitment of the Government's responsibility to the Chamber of Deputies and the Senate, at the joint meeting on April 17, 2013. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, May 16, 2013. No. 165. ------
