LEGE no. 164 164 of 11 December 2014 on certain measures to speed up and finalise the process for the resolution of applications made under Law no. 9/1998 on the granting of compensation to Romanian citizens for goods passed into the property of the Bulgarian state following the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, and the Law no. 290/2003 on the granting of compensation or compensation to Romanian citizens for their property, seized, detained or left in Bessarabia, Northern Bukovina and Herta Land, as a result of the state of war and the application of the Peace Treaty between Romania and the Allied and Associated Powers, signed in Paris on 10 February 1947, and for the modification of some normative acts
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 910 910 of 15 December 2014
The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 ((1) Establishment and payment of compensation granted to persons referred to art. 1 1 para. ((1) and (3) of Law no. 9/1998 on the granting of compensation to Romanian citizens for goods passed into the property of the Bulgarian state following the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, republished, with amendments and completions subsequent as well as persons referred to in art. 1 1 para. ((1) of Law no. 290/2003 on the granting of compensation or compensation to Romanian citizens for their property, seized, detained or left in Bessarabia, Northern Bukovina and Herta Land, as a result of the state of war and the application of the Peace Treaty between Romania and the Allied and Associated Powers, signed in Paris on February 10, 1947, with subsequent amendments and completions, it is carried out according to the provisions of this law. ... (2) They are entitled to compensation and legal or testamentary heirs of persons referred to in art. 1 1 para. ((1) and (3) of Law no. 9/1998 , republished, with subsequent amendments and completions, as well as legal heirs, up to and including the fourth degree, or the testamentary heirs of the persons referred to in art. 1 1 para. ((1) of Law no. 290/2003 , with subsequent amendments and completions, if they had, at the time of submission of the application for compensation, Romanian citizenship. Proof of the quality of heir is made by the certificate of heir, by the certificate of quality of heir or by the final and irrevocable court decision certifying this quality. ... + Article 2 Starting with the date of entry into force of this law, the only compensatory measure to benefit the persons referred to in art. 1 is the granting of monetary compensation. + Article 3 (1) The provisions of this law regarding the establishment of damages shall apply to the applications made and submitted, within the legal period, to the county commissions, respectively of the city of Bucharest Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions, for which no decisions have been issued to reject the application or to grant compensation, until the date of entry into force of this law. ... (2) The provisions of this law relating to the payment of compensation shall apply to claims settled until the date of entry into force of this Law, for which payment has not been made, outstanding applications until the date of entry into force of this Law. laws, as well as cases before the courts, having as their object the granting of compensation on the basis of Law no. 9/1998 , republished, with subsequent amendments and completions, as well as the Law no. 290/2003 , with subsequent amendments and completions. ... + Chapter II Establishment and payment of compensation + Article 4 Applications pending at the county commissions, respectively of the city of Bucharest for the application Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions, shall be analyzed and settled on the basis of the acts certifying the existence of the right to compensation, certified by the competent authorities, acts that can be completed with witness statements, authenticated. + Article 5 ((1) The value of immovable property for which compensation is awarded Law no. 290/2003 , with subsequent amendments and completions, is established by the county commissions, respectively of the city of Bucharest for the application Law no. 290/2003 , with subsequent amendments and completions, by reference to the values and limits set out in Annex no. 1. ... ((2) For three of the crops not collected in the year of leaving the properties in the territories provided for in Law no. 290/2003 , with subsequent amendments and completions, at the choice of former owners or their heirs, compensation is granted whose amount is established by the county commissions, respectively of the city of Bucharest for the application Law no. 290/2003 , with subsequent amendments and completions, by reference to the values set out in Annex no. 2. ... + Article 6 (1) The county commissions and the city of Bucharest for the application Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions, it resolves the requests for compensation, in the order of their registration and, by decision, I propose the granting of compensation or the rejection of applications. ... (2) The decision of the county commission and of the city of Bucharest Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions, accompanied by the documents and documents that have been considered when issuing it, shall be communicated, within 30 days from the issuance, to the National Authority for Property Restitution. At the same time, the decision shall also be communicated to ... + Article 7 (1) The National Authority for Property Restitution, based on the submitted documents, shall analyze the files related to the decisions of the county commissions, respectively of the city of Bucharest for the application Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions, from the point of view of the existence and extent of the right to compensation, in the order of their registration. ... (2) If the lack or inconsistency of supporting documents is found, the National Authority for Property Restitution may request the necessary documents both to public institutions and to persons requesting the granting of compensation. ... (3) Based on the documents submitted to the file, the National Authority for Property Restitution validates or invalidates the decision of the county commission, respectively of the city of Bucharest for Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions, and, as the case may be, issue validation/invalidation decision, in whole or in part, under the signature of the Vice President of the National Authority for the Restitution of Properties with powers of coordination of application Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions. ... (4) If it is found that the entitled person has the right to compensation for other goods than those for which the value was established by the decision of the county commission, respectively of the city of Bucharest, the National Authority for Restitution of Properties, by the decision provided in par. ((3), it also determines the value of the unvalued assets ... ((5) The determination of the value of the goods not initially assessed in the files constituted Law no. 9/1998 , republished, with subsequent amendments and completions, is made according to its provisions. ... ((6) The determination of the value of the goods not initially assessed in the files constituted Law no. 290/2003 , with subsequent amendments and completions, is made according to art. 5. ... + Article 8 The validation/invalidation decisions of the National Authority for Property Restitution can be appealed, within 30 days from the communication, to the administrative section of the tribunal in whose radius the applicant resides. The judgment given by the administrative court is subject to appeal under the conditions Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. + Article 9 The administrative act establishing the right to compensation and the amount thereof shall be, where appropriate: a) the decision of the county commission and of the city of Bucharest Law no. 290/2003 , with subsequent amendments and completions, issued before the entry into force of this Law; ... b) the order issued by the head of the Prime Minister's Chancellery under Law no. 9/1998 , republished, with subsequent amendments and completions, respectively the payment decision issued by the National Authority for Property Restitution, pursuant to Law no. 9/1998 , republished, with subsequent amendments and completions, before the entry into force of this Law; ... c) the validation decision, issued by the National Authority for the Restitution of Properties after the entry into force of this Law, on judgments issued pursuant to Law no. 9/1998 , republished, with subsequent amendments and completions, by the county commissions, respectively of the city of Bucharest, before the entry into force of this law; ... d) the validation decision, issued by the National Authority for Property Restitution, on the decisions issued under Law no. 9/1998 , republished, with subsequent amendments and completions, and of Law no. 290/2003 , with subsequent amendments and completions, by the county commissions, respectively of the city of Bucharest, after the entry into force of this law. ... + Article 10 (1) Payment of compensation established by the administrative acts provided for in art. 9 lit. a) and b) shall be made in the chronological order of their issuance, in equal annual instalments, staggered, for a period of 5 years, as of January 1, 2015. ... (2) Payment of compensation established by the administrative acts provided for in art. 9 lit. c) and d) shall be carried out in the chronological order of their issuance, in equal annual instalments, staggered, for a period of 5 years, starting with the year following the issuance of validation decisions. ... ((3) The payment of the amounts of money established by judicial decisions, remaining final and irrevocable or, in the case of the processes started after February 15, 2013, remaining final, until the date of entry into force of this Law, shall be made in equal annual instalments, staggered, over a period of 5 years, as of 1 January 2015. ... (4) Unpaid amounts, related to the court decisions provided in par. ((3) and the administrative acts provided for in art. 9 lit. a) and b), shall be updated with the consumer price growth index for the period from the moment of irrevocable/definitive stay, respectively of their issuance, until the date of entry into force of this law, and constitute payment obligations, in instalments, under the present law. The update of the amount is by decision of the President of the National Authority for Property Restitution ... ((5) The amounts related to the administrative acts referred to in Article 9 lit. c) is updated by the validation decision with the consumer price growth index, for the period from the moment of issuance of the decisions until the date of entry into force of the present law, and constitute payment obligations, in instalments, under the conditions this law. ... (6) For each annual instalment, the National Authority for Property Restitution issues a payment title. The title of payment, in original, shall be communicated, no later than 5 days after the issuance, to the Ministry of Public Finance and entitled persons. ... (7) The amount of an annual tranche may not be less than 20,000 lei. If the amount to be paid is less than 20,000 lei, it will be paid in full, in a single tranche. ... + Article 11 (1) The payment of the amounts established by the payment securities shall be made by the Ministry of Public Finance, no later than 180 days from the date of their issuance. ... (2) The payment procedure is approved by order of the Minister of Public Finance, until December 31, 2014, which is published in the Official Gazette of Romania, Part I. ... (3) Any enforcement procedure shall be suspended by right, until the terms on which the payment obligations provided for in the payment securities issued according to art. 10 10 para. ((6). ... + Chapter III Measures to accelerate the resolution of claims for compensation + Article 12 (1) A period of revocation of 120 days is established, in which persons who have made requests for compensation can complete, with documents, the files pending at the county commissions, respectively of the city of Bucharest for application Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions, or to the National Authority for Property Restitution. The term of revocation flows from the date on which the person is communicated, in writing, which are the documents necessary for the resolution of the application. ... (2) The term provided in par. (1) may be extended at the written request of the person who has made a request for compensation, only once, for a period of 60 days, if he proves to take steps to complete the file. ... (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 13 (1) The county commissions and the city of Bucharest for the application Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions, have the obligation to settle, by decision, the applications for granting the registered and unsettled compensation until the date of entry into force of this law, as follows: ... a) within 9 months, the commissions that still have to settle a number of up to 500 applications submitted pursuant to Law no. 9/1998 , republished, with subsequent amendments and completions, and of Law no. 290/2003 , with subsequent amendments and completions; ... b) within 18 months, the commissions that still have to settle a number between 501 and 1,000 applications, filed under Law no. 9/1998 , republished, with subsequent amendments and completions, and of Law no. 290/2003 , with subsequent amendments and completions; ... c) within 36 months, the commissions that still have to settle a number of more than 1,000 applications submitted pursuant to Law no. 9/1998 , republished, with subsequent amendments and completions, and of Law no. 290/2003 , with subsequent amendments and completions. ... (2) The terms provided in par. (1) shall run from 1 January 2015. ... (3) The county commissions and the city of Bucharest for the application Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions, have the obligation to establish, within 30 days from the entry into force of this law, the number of registered and unresolved requests, to display these data at their headquarters and to communicate them National Authority for Property Restitution. The data transmitted by the county commissions, respectively of the city of Bucharest Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions, will be centralized and published on the website of the National Authority for Property Restitution. ... + Article 14 (1) Decisions issued by the county commissions on the basis of Law no. 9/1998 , republished, with subsequent amendments and completions, registered with the National Authority for Property Restitution and for which no validation/invalidation decision has been issued, validates/invalidates within 18 months from the date of entry in force of the present law. ... (2) Decisions issued by the county commissions, respectively of the city of Bucharest for the application Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions, after the date of entry into force of this Law, shall be validated/invalidated by the National Authority for Property Restitution, by decision, within 18 months from the date of their registration. ... (3) The number of files related to the decisions provided in par. (1) and the date of registration of the files related to the decisions referred to in (2) shall be published on the website of the National Authority for Property Restitution and shall be communicated, upon request, to entitled persons. ... + Article 15 In case of non-compliance with the deadlines set out in 13 13 para. ((1) and in art. 14 14 para. ((1) and (2), the entitled person may apply to the court referred to in art. 8. + Chapter IV Final provisions + Article 16 (1) The National Authority for the Restitution of Properties shall exercise, ex officio or on the basis of reasoned complaints of entitled persons, the control regarding the application of legal provisions by the county commissions, respectively of the municipality Bucharest for application Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions. ... (2) In case of violation of the legal provisions regarding the constitution, organization and functioning of the county commissions, respectively of the city of Bucharest for application Law no. 9/1998 , republished, with subsequent amendments and completions, and Law no. 290/2003 , with subsequent amendments and completions, or of irregularities in the way of solving the files, the National Authority for Property Restitution can order: ... a) temporary suspension of the commission's activity for a maximum of 60 days, in order to identify the causes that led to the occurrence of these deficiencies or irregularities; ... b) measures to remedy the irregularities found; ... c) referral of other bodies with control powers, as well as of criminal investigation bodies, if the findings are of their competence. ... + Article 17 (1) In order to accelerate and streamline the compensation process, in application of this law, the following measures shall be established: ... a) it supplements the number of posts in the organizational structure of the National Authority for the Restitution of Properties with a number of 20 posts of a contractual nature, for a period of 36 months; ... b) the salary rights of civil servants of the National Authority for Property Restitution shall be established by assimilation, accordingly, with those of civil servants of the Ministry of Public Finance. ... (2) Transformation of the positions of the contractual personnel within the organizational structure of the National Authority for the Restitution of Properties on the date of entry into force of this Law, which involves the exercise of the prerogatives of public power, in public office, is made in accordance with the provisions Law no. 188/1999 on the Statute of civil servants, republished, with subsequent amendments and completions. ... + Article 18 Annexes no. 1 and 2 are an integral part of this law. + Article 19 On the date of entry into force of this Law, the phrase " Central Commission for the application of provisions Law no. 9/1998 on the granting of compensation to Romanian citizens for goods passed into the property of the Bulgarian state following the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940 "is replaced by the phrase" for Property Restitution ". + Article 20 Law no. 290/2003 on the granting of compensation or compensation to Romanian citizens for their property, seized, detained or left in Bessarabia, Northern Bukovina and Herta Land, as a result of the state of war and the application of the Peace Treaty between Romania and the Allied and Associated Powers, signed in Paris on 10 February 1947, published in the Official Gazette of Romania, Part I, no. 505 of 14 July 2003, as amended and supplemented, shall be amended as follows: 1. Article 1 (2) shall be repealed. 2. Article 2 (1) to (3) shall be repealed. 3 articles 3 and 4 shall be repealed. 4. Article 8 (2), (2 ^ 2) and (3) to (6) shall be repealed. 5. Article 9 is amended and shall read as follows: "" Art. 9. -If the monetary compensation is requested by several heirs of the same person, as well as if, after the adoption of the decision by the competent committee and its final stay, persons appear having a succession vocation, under art. 5 5 para. ((1) and (2), the relations between the successors on their rights shall be settled according to the common law. " 6 articles 10, 11 and 13 shall be repealed. + Article 21 The date of entry into force of this Law shall be repealed: a) art. 1 1 para. ((2), art. 5 5 para. ((1), art. 6 6 para. ((3) and (4), art. 7 7 para. ((1)-(6) and art. 8 8 of Law no. 9/1998 on the granting of compensation to Romanian citizens for goods passed into the property of the Bulgarian state following the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, republished in the Official Gazette of Romania Part I, no. 260 of 18 April 2007, with subsequent amendments and completions; ... b) art. 6 6 para. (7) of Government Emergency Ordinance no. 25/2007 on the establishment of measures for the reorganization of the Government's working apparatus, published in the Official Gazette of Romania, Part I, no. 270 of 23 April 2007, approved with amendments and additions by Law no. 99/2008 , with subsequent amendments and completions. ... + Article 22 Law no. 9/1998 on the granting of compensation to Romanian citizens for goods passed into the property of the Bulgarian state following the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, republished in the Official Gazette of Romania Part I, no. 260 260 of 18 April 2007, as amended and supplemented, and Law no. 290/2003 on the granting of compensation or compensation to Romanian citizens for their property, seized, detained or left in Bessarabia, Northern Bukovina and Herta Land, as a result of the state of war and the application of the Peace Treaty between Romania and the Allied and Associated Powers, signed in Paris on 10 February 1947, published in the Official Gazette of Romania, Part I, no. 505 of July 14, 2003, with subsequent amendments and completions, as well as with the amendments made by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Annex 1 Real estate indemnity values ┌ ----- ---------------------------------------------------------------------------- | | No. | | | | Crt. | Category of goods | euro/sqm | ├ ----- ---------------------------------------------------------------------------- | 1 | Land intravilan urban areas (maximum 450 sqm) | 35 | ├ ----- ---------------------------------------------------------------------------- | 2 | Land intravilan rural areas (maximum 1.000 sqm) | 5,23 | ├ ----- ---------------------------------------------------------------------------- | 3 | Construction with housing destination in the urban area | 75 | ├ ----- ---------------------------------------------------------------------------- | 4 | Construction with housing destination in rural area | 20 | ├ ----- ---------------------------------------------------------------------------- | 5 | Annexes of construction in the urban area | 28,18 | ├ ----- ---------------------------------------------------------------------------- | 6 | Annexes of construction in the rural area | 14,55 | ├ ----- ---------------------------------------------------------------------------- | 7 | Agricultural Land * 1) | 0,43 | ├ ----- ---------------------------------------------------------------------------- | 8 | Livada | 0,41 | ├ ----- ---------------------------------------------------------------------------- | 9 | Forest Land * 2) | 0,31 | └ ----- ---------------------------------------------------------------------------- Note ... ---------- * 1) The total area of reconstituted land may not exceed the limit of 50 ha of dispossessed owner. In the calculation of the total area, both the agricultural land and the intravilan land will be considered. * 2) The total area of reconstituted forest land may not exceed the limit of 10 ha of dispossessed owner. ---------- + Annex 2 Harvest compensation amounts ┌ ----- ---------------------------------------------------------------------------- | | No. | | | | Crt. | Harvest category | lei/kg | ├ ----- ---------------------------------------------------------------------------- | 1 | Porumb | 1 | ├ ----- ---------------------------------------------------------------------------- | 2 | Grau | 0.85 | ├ ----- ---------------------------------------------------------------------------- | 3 | Sunflower | 1.59 | ├ ----- ---------------------------------------------------------------------------- | 4 | Sugar beet | 0,17 | ├ ----- ---------------------------------------------------------------------------- | 5 | Vita-de-vie | 2,45 | ├ ----- ---------------------------------------------------------------------------- | 6 | Fruit | 4,35 | ├ ----- ---------------------------------------------------------------------------- | 7 | In | 0.22 | ├ ----- ---------------------------------------------------------------------------- | 8 | Tutun | 4,35 | ├ ----- ---------------------------------------------------------------------------- | 9 | Mac | 2.75 | └ ----- ---------------------------------------------------------------------------- This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALERIU-STEFAN ZGONEA SENATE PRESIDENT CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, December 11, 2014. No. 164. -------
