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Regulations on dwellings passed into State property
LAW on the settlement of the legal condition of some buildings designed for dwelling purposes, passed into State property * DECISION on the constitutionality of some provisions of the Law on the settlement of the legal condition of some buildings designed for dwelling purposes, passed into State property * METHODOLOGICAL NORMS with reference to the application of the Law No. 112/1995 on the settlement of the legal condition of some buildings designed for dwelling purposes, passed into State property
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LAW on the settlement of the legal condition of some buildings designed for dwelling purposes, passed into State property*
CHAPTER I General provisions Art. 1. Ñ The former owners Ñ natural persons Ñ of dwelling-houses, passed as such into the property of the State or of other legal persons, after March 6, 1945, with title, and were in the State or other legal personsÕ posses- sion on December 22, 1989, shall benefit by the remedial measures provided under the present law. By the provisions of paragraph 1 shall also benefit the heirs of the former owners, according to the law. Art. 2. Ñ The persons provided under Article 1 shall benefit by the restoration in kind, by reacquiring the pro- perty right on the flats in which they live as lessees or of those which are not occupied, and for the other flats they shall receive indemnification as stipulated under Article 12. In the case of flats passed into State property for which indemnifications were received, if they are occupied by the former owners or are free, they shall be restored in kind. The reacquisition of the property right is condi- tioned by the repayment of the sum received as indemnifi- cation, brought up to date in the terms of the provisions established under Article 13. Art. 3. Ñ By flat in the sense of the present law, shall be understood the dwelling consisting of one or more rooms, with outhouses, garages and annexes connected with the dwelling, service rooms, garrets, cellars, sheds and such- like, too, regardless of whether they are situated on the same level or at different levels, and which, at the date of
* The Law No. 112/November 25, 1995 Ñ Law on the settlement of the legal condition of some buildings designed for dwelling purposes, passed into State property Ñ was published in the ÒMonitorul OficialÓ (Official Gazette of Romania), Part I, No. 279/November 29, 1995.
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their passing into the StateÕs property, constituted a single the owner, if they are still living in them at the date of self-contained housing unit, as it was determined by con- coming into force of the present law. The consent shall be struction. given in authenticated form. The flat, as defined under paragraph 1, shall remain Art. 6. Ñ On the date when the decision of the com- considered as such, regardless of whether, subsequent to mission provided under Article 15, ordering the restitution its passage into State property, interior structural modifi- in kind of the flat, remains final, necessary and useful cations were carried out or whether it was recorded in the expenses and expenses spent on ornamental repairs made books as representing two or more flats. by the former owners or their heirs, as lessees, and by the For additions, penthouses, equipment, utilities and any unit in charge of the administration of the flat, shall be other constructions, exceeding the flat passed into State compensated by right, taking into account the provisions property as well as for imputable losses in value, the pro- of Article 3, without fulfilling the conditions established visions under Article 13 shall apply. under the Civil Code. Art. 4. Ñ By the provisions of the present law shall bene- The leasing contracts between the former owners and fit Romanian citizens only. their heirs as well as relatives up to the second degree of the former owner still alive and the unit in charge of the flatÕs administration shall cease by right, on the same CHAPTER II date. Restoration in kind Art. 5. Ñ If the former owner or the respective heirs CHAPTER III were living on December 22, 1989 as lessees in the flats Protection of lessees passed into State property, they shall become owners of Art. 7. Ñ Lease contracts concluded on the grounds of the respective flat, under the provisions of the present law. the Law No. 5/1973 on the administration of the housing In case that several heirs were living on December 22, fund and regulation of relations between owners and les- 1989 each in a flat passed into State property from the for- sees, for flats from the dwelling-houses provided under mer owner, they become the owners of the respective flat. Article 1, shall be extended by right for a period of 5 years The former owner or the respective heirs, who were after the date when the decision of the commission pro- living on December 22, 1989 in the same flat together with vided under the last paragraph of Article 15 shall have other lessees, shall become owners of the whole flat, as it remained final. was defined under Article 3. Evacuation of the lessees and In the extension period of the lease contracts, lessees giving possession to the owners shall be made only after provided under Article 5, paragraph 3 shall benefit by the the public authorities or the owner effectively provides an legal provisions in force with reference to the construction adequate dwelling. of an own dwelling-place with State support or by priority Heirs in the sense of the present law shall be consider- in the assignment of a dwelling-place from the housing ed by right the acceptors of the inheritance after the date fund administered by the local public authorities. when the petition provided under Article 14 was register- The following lessees shall not benefit by the provisions ed. of paragraphs 1 and 2 and may be evacuated on passage of If relatives up to the second degree of the former owner a year after the coming into force of the present law: still alive were lessees on December 22, 1989 in the flats a) titular lessees and members of their families Ñ hus- taken over by the State from the former owner, the flats band, wife and minor children Ñ who, after January 1, shall become their property, with the written consent of 1990, acquired or alienated in their locality of residence a
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dwelling-place corresponding to the conditions established Young married couples up to 30 years of age as well as by the Law No. 5/1973; people over 60 shall pay an advance payment of 10%, and b) lessees who refuse to take over and use another ade- the payment by monthly installments shall be spread out quate dwelling-place, according to the Law No. 5/1973; over a period of 20 years maximum. c) lessees who sub-let the dwelling-place without the The commission due to the specialist units estimating ownerÕs consent; and selling flats shall be of 1% of their value. d) lessees who changed as a whole or in part the pur- Titular lessees or members of their family Ñ wife, hus- pose or interior structure of the flat, without the ownerÕs band or minor children Ñ who have acquired or alienated consent. a dwelling place of their own property after January 1, The former owners or their heirs and relatives up to the 1990, in the place of residence, shall be excepted from the second degree of the former owner still alive, who benefit provisions of paragraph 1. by the provisions of Article 5, paragraph 3 shall be subro- Lessees who have no means to buy the flat in which they gated, on the date provided under Article 6, in the legally- live may continue to stay in the respective housing space, born rights and obligations of those who previously held paying the rent established by law. the flat on lease. Flats acquired in the terms of paragraph 1 may not be The level of rents shall be that which is established by alienated over a period of 10 years after the purchasing law. date. Any litigations between owners and lessees shall be of Art. 10. Ñ Flats which, on the date of coming into force of the exclusive competence of judicial instance. the law, benefit by special endowments, such as: swimming Art. 8. Ñ For expenses made by lessees with compensa- pool, sauna, hothouse, wine cellar, bar, wine collection or tion at the expense of rent, in the terms of the law, based refrigerating room shall be excepted from selling. on adequate documents and accounts at the units that Dwelling-houses used as guest-houses, protocol-houses, held the flats, compensation shall be continued from the those declared as historic monuments and from the rent owed to the new owner. national patrimony as well as those used as residence for Art. 9. Ñ Contract titular lessees of flats that are not re- former or present dignitaries shall be excepted from sell- stored in kind to the former owners or their heirs may, ing, too. after expiry of the term provided under Article 14, choose Art. 11. Ñ Legal documents of alienation concluded with to buy these flats with down payment of the price or by violation of the provisions of Article 9, paragraph 6 and installments. Article 10 shall be struck by absolute nullity. By the provisions under the previous paragraph shall benefit lessees, too, who occupy housing spaces achieved CHAPTER IV by extensions of the initially built space. Establishment and granting of indemnities In case of the sale of the flats with payment by install- Art. 12. Ñ Former owners or their heirs, as the case may ments, an advance payment of at least 30% of the price of be, are entitled to solicit the granting of indemnities for the flat shall be made at the conclusion of the contract. the flats not returned in kind and for the afferent grounds Monthly installments for paying off the price of the or, though they fulfill conditions for return in kind, if they flat shall be spread out over a period of not more than prefer, to be granted indemnities. 15 years, at interest representing half the annual reference Art. 13. Ñ The value of the indemnities granted to for- interest rate established by the National Bank of Romania. mer owners and their heirs, for flats not restored in kind
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as well as the selling price, as the case may be, shall be tion of the provisions under the present law, which shall established on the grounds of the provisions under the be supplied from: Decree No. 93/1977, Decree-Law No. 61/1990, and of Law a) sums obtained from the sale of flats which are not No. 85/1992, republished, and the value of the afferent restored in kind, representing down payments, advances, grounds, on the basis of the Criteria for establishing and installments, and interest, after deduction of the 1% com- estimating the value of grounds in the patrimony of trad- mission from the value of the flats; ing companies with State capital No. 2665 of February 28, b) sums obtained from the launching of State loans 1992, elaborated by the Ministry of Finance and the with this destination, in the terms provided under the Law Ministry of Public Works and Territorial Planning, with No. 91/1993 on the public debt. subsequent completions. To the values thus calculated, From the fund thus constituted, expenses shall be coefficients of actualization shall be applied, which shall incurred in the following order: not be smaller than the increase coefficient of the average wages income on the economy. a) payment of due indemnities Ñ in the terms of the present law Ñ to the owners and their heirs; The total value of the flat restored in kind and of the indemnities due for the flats not restored in kind and for b) payments for the restitution of contracted loans and the corresponding grounds shall not exceed the sum of the payment of the costs resulting from these State loans; average wage income on the economy of one person over a c) construction of dwelling-houses to be distributed with period of 20 years, calculated at the date when the indem- priority to lessees in the situation provided under Article 5, nity was established. paragraph 3. In case that to the former owner or to the respective Art. 14. Ñ People entitled to restitution in kind of flats heirs or relatives up to the second degree of the former or the granting of indemnities shall file a petition in this owner still living a flat shall be given back in kind accord- sense within 6 months after the coming into force of the ing to the provisions of Article 2, whose value, calculated law. according to paragraph 1, exceeds the sum provided under Art. 15. Ñ The petitions provided under Article 14 shall paragraph 2, they cannot be obliged to pay the difference. be addressed to the commission of the local council consti- The payment of indemnities shall be made by the tuted in keeping with Article 16, in whose area the flat in Ministry of Finance through its decentralized public question is situated. services from the levels of the counties, the Municipality The petition has to include complete identification data of Bucureºti and the Ilfov Agricultural District, into the of the petitioner, the quality of owner or heir of the owner, bank or CEC accounts indicated by the beneficiaries of the as the case may be, a mention that a similar petition was indemnities, on the basis of the document which disposes or is to be filed with other commissions (of counties, of the the granting of indemnity and communicated according to Municipality of Bucureºti, of the Ilfov Agricultural District) Article 19, twelve months after closure of the evaluation as well as any mentions assisting him to come into posses- operations, but not later than 24 months. sion of the flat or of his due indemnities. At the petition The value of the indemnities established under the pre- thus formulated, the petitioner is obliged to annex an au- vious terms shall be actualized at the date of the payment, thenticated copy of the deed attesting his property right or on the grounds of the average wage on the economy in the that of the deceased whom he inherits on the flat whose last month of the expired quarter. restitution is solicited in kind or for which indemnities are At the disposal of the Ministry of Finance, an extra- to be paid, a copy from the leasing contract, in case the res- budgetary fund shall be constituted to ensure the applica- titution of the flat in kind is solicited, which he holds with
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this title as well as any other deeds he considers necessary Ñ the director of the county direction of for coming into his own rights. town planning, public works and plan- In case that, after adoption of the county commissionÕs ning of the territory; decision, other people with successional vocation shall Ñ the head of the disputed claims office appear, the litigation shall be solved according to common of the county council; law. Ñ two to six specialists from the fields of In case that the former owner or his heirs solicit indem- housing management and expertise in nities for the flats situated in different counties, they shall constructions and grounds; mention in the petition the county commission they Ñ the secretary of the county council as choose for their establishment. The chosen commission secretary. shall ask the necessary information, including the evalua- In the same way shall be constituted the commissions tion from the county commissions in whose area the flats for the Municipality of Bucureºti and the Ilfov Agricultural are situated, with a view to the establishment of the District, conducted by the mayor general and the chair- amount of the indemnity in the terms of the present law. man, respectively. The decisions for the restitution in kind shall be issued The nominal composition of the commissions provided under this article shall be established by order of the pre- by the county commissions in whose area the flats are fects. situated. Art. 17. Ñ The commissions constituted according to Art. 16. Ñ Within 45 days after the date of publication Article 16, paragraph 4 shall establish within 60 days after of the law in the ÒMonitorul OficialÓ (Official Gazette of the reception of the proposals transmitted by the local Romania), the town or municipal local councils, as the commissions, the right of the former owners or of their case may be, shall propose the constitution of the special heirs and of relatives up to the second degree of the for- commissions invested with the competence to receive the mer owner still alive for the restitution in kind or granting petitions and verify the documents. of indemnities, the amount of these indemnities, and they The commissions shall be appointed by order of the shall issue decisions in this sense. Within 5 days, the deci- prefect within 15 days after the registration of the propos- sions shall be communicated, in writing, to the former als. owners, or their heirs, and to relatives up to the second The proposals of these commissions, together with the degree of the former owner alive, to the tenants from the petitions and documents handed in by the former owners flats that shall be restored in kind as well as to the legal or their heirs and relatives up to the second degree of the persons holding the flats. The evaluation of the flats shall be made by technical specialist commissions designated by former owner alive shall be transmitted to the county com- the county commissions or of the Municipality of mission within 30 days. Bucureºti and of the Ilfov Agricultural District. The county commission for the application of the provi- The commissions shall decide by a majority of votes sions of the present law shall be formed of: from their members. Ñ chairman: Ñ the chairman of the county council; Art. 18. Ñ The decisions of the county commissions, of Ñ members: Ñ the public notary or his delegate; the commission of the Municipality of Bucureºti and of Ñ the director general of the county the commission of the Ilfov Agricultural District are sub- direction of public finance and State ject to judicial control, according to civil law, and may be audit; challenged within 30 days after communication.
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Members of the county commission, of the commission With regard to grounds, the provisions under para- of the Municipality of Bucureºti, of the commission of the graphs 1 and 2 shall correspondingly apply. Ilfov Agricultural District and of the local commissions as The property quotas to which the present article refers well as all public servants involved in the application of shall be determined in proportion to the built area. the present law who fulfill their attributions erroneously, On the basis of the county commissionÕs decision and of with delay, or not at all shall be liable to disciplinary, that of the final judicial decision, as the case may be, the material, or penal sanctions, as the case may be. beneficiary of the restitution in kind of the flat shall re- Art. 19. Ñ The decisions of the county commissions, of quest the registration of his right in the publicity books. the commission of the Municipality of Bucureºti, of the The decision of the county commission or the final judicial Ilfov Agricultural District as well as the judicial decisions, decision, as the case may be, shall constitute the property remained final, shall be communicated to the petitioner title. and to the mayor of the commune, town, the municipality or district of the Municipality of Bucureºti, as the case CHAPTER VI may be. Final provisions Judicial decisions remained final shall also be commu- Art. 23. Ñ The special procedures and those necessary to nicated to the commissions that issued the decisions that obtain the required documentations for achieving the were the object of judgment. rights provided under the present law as well as the forms Art. 20. Ñ The first copy of the judicial acts provided of real estate publicity shall be exempt from stamp tax. under Article 19 shall be transmitted to the beneficiaries Art. 24. Ñ The settlement of petitions for the restitution and a copy to the decentralized public services mentioned in kind or indemnities for the flats designed as dwelling under Article 13, paragraph 4. places passed into State property shall be made only on the grounds of the present law. CHAPTER V Judicial decisions with regard to the buildings provided Other provisions under Article 1 of the present law, remaining final and irrevocable, may be challenged with recourse in annul- Art. 21. Ñ Concurrently with the restitution in kind and ment, based on the provisions of Article 330 under the acquisition of the property right on the flat, the property Code of Civil Procedure. right on the corresponding ground shall be obtained, too, Art. 25. as determined at the date of passage into State property, Art. 25. Ñ The legal situation of other buildings than those forming the object of the present law, passed into except areas occupied and destined to other constructions State property before December 22, 1989, regardless of and municipal endowments achieved, with legal approvals, their initial destination, those demolished for reasons of after that date. public utility included, shall be regulated by special laws. Art. 22. Ñ In case that the flat restored in kind is in a Art. 26. Ñ The former owners of buildings designed as building with more flats, the former owners or their heirs dwelling houses passed into State property or of other shall acquire the quota of the undivided property on all legal persons, with payment of indemnities, shall not parts of the constructions and installations as well as of benefit by the remedial measures provided under the endowments which, by their nature, can be used but present law, except cases provided under Article 2, para- jointly. graph 2. The property quota shall be acquired regardless of the The remedial measures provided under the present law building, staircase, or floor in which the flat is situated. shall not apply in the case of buildings designed as dwell-
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ing houses passed into State property by penal judicial DECISION OF THE CONSTITUTIONAL COURT decisions or on the grounds of the Law No. 18/1968. on Ground areas taken over by the State or by other legal persons still in their possession on December 22, 1989 and the constitutionality of some provisions of the exceeding the area afferent to the constructions shall Law on the settlement of the legal condition of remain State property. some buildings designed for dwelling purposes, Art. 27. Ñ The right to be indemnified according to the present law shall be granted to former owners or their passed into State property* heirs, of buildings passed as such into State or other legal personsÕ property after March 6, 1945, which were alien- ated up to December 22, 1989 by selling-buying or other The Constitutional Court received, on June 30, 1995, a forms to natural persons. number of three notifications on the unconstitutionality of Art. 28. Ñ Within 30 days after the publication of the the Law on the settlement of the legal condition of some present law in the ÒMonitorul OficialÓ (Official Gazette of buildings designed for dwelling purposes, passed into Romania), the Government shall establish, by order, the State property. methodological norms of application of the law. The first notification (File no. 106 A/1995) comes from Art. 29. Ñ The present law shall come into force within a group of 50 Deputies, namely: Mihnea Tudor Ioniþã, 60 days after the date of its publication in the ÒMonitorul Theodora Bertzi, Gheorghe Toduþ, Horia Mircea Rusu, OficialÓ (Official Gazette of Romania). Petru Liþiu, Dinu Patriciu, Emil-Livius-Nicolae Putin, Sergiu Cunescu, Smaranda Dobrescu, Constantin Moiceanu, Ioan Strãchinaru, Raymond Luca, Constantin Dragomir, Ioan Victor Pica, Ladislau BorbŽly, Alexandru K—nya-Hamar, L‡szl— Zsigmond, çrp‡d-Francisc M‡rton, Francisc PŽcsi, Istv‡n Antal, J—zsef N‡ndor NemŽnyi, Ervin Zolt‡n SzŽkely, Ludovic R‡koczi, Iosif AlfrŽd Mazalik, Matei Barna Elek, Ioan NŽmeth, Iuliu Vida, Attila Varga, çkos Birtalan, Jolt Zolt‡n Fekete, Zolt‡n Szil‡gyi, Benedek Nagy, Zsolt Szil‡gyi, Varujan Vosganian, Iohan-Peter Babiaº, Alexandru Sassu, Vasile Nistor, Viorel Lixãndroiu, Teodor Moldovan, Paula-Maria Ivãnescu, Dragoº Enache, Ioan Timiº, Corneliu-Constantin Ruse, Mihai Chiriac, Constantin Arhire, Nicolae Alexandru, Dan-Florin Trepcea, Horia Radu Pascu, Ioan Ghiºe, Cristian Rãdulescu. From an examination of the list there results that Senator Constantin Moiceanu appears among the 50
* The Decision No. 73/July 19, 1995 Ñ Decision on the constitution- ality of some provisions of the Law on the settlement of the legal condi- tion of some buildings designed for dwelling purposes, passed into State property Ñ was published in the ÒMonitorul OficialÓ (Official Gazette of Romania), Part I, No. 177/August 8, 1995.
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Deputies (position no. 10); and, as can be seen, Senator R‡koczi, Zolt‡n Szil‡gyi, Istv‡n Antal, Ioan NŽmeth, L‡szl— Constantin Moiceanu appears also on the list of the 34 Szigmond, Ion Diaconescu, Niculae Cerveni, Victor Senators (position no. 28). In this situation, the notification Babiuc, Barbu Piþigoi, Petru Liþiu, Sergiu Cunescu, fails to fulfill the conditions provided under Article 144, Ladislau BorbŽly, Smaranda Dobrescu, Dumitru Ifrim, subparagraph a) of the Constitution, because, by elimi- Cornel Sturza-Popovici, Alexandru Sassu, Mihãiþã nating Senator Constantin Moiceanu from the list of the Postolache. Deputies signing the notification, their number drops The third notification (File no. 108 A/1995) is signed by below 50. The inclusion, among the authors of an uncon- a number of 34 Senators, namely: Alexandru Paleologu, stitutionality notification coming from the members of Alexandru Popovici, ªtefan Augustin Popa Doinaº, ªtefan one of the Chambers, of some of the members of the other Radof, Ion Pãun Otiman, Ioan Manea, Mihail Buracu, Chamber represents a deviation from the principle of ªerban Sãndulescu, Tãnase Tãvalã, Vasile Vetiºanu, autonomy of the ParliamentÕs Chambers. Constantin Ticu Dumitrescu, Ioan Paul Popescu, Florin The Constitutional Court, not being legally notified, can- Buruianã, Matei Boilã, Emil Tocaci, Adrian Sîrbu, Zolt‡n not pronounce itself on the exceptions of unconstitution- Hosszœ, Sabin Ivan, Andrei Potcoavã, Adrian-Dumitru ality included in this notification. Popescu-Necºeºti, Tiberiu Stefan Incze, Iosif Csap—, Petre The second notification (File no. 107 A/1995) is signed Constantin Buchwald, Denes Seres, Emilian Buzicã, Nistor by a number of 86 Deputies, namely: Rãsvan Dobrescu, Bãdiceanu, Tiberiu Vladislav, Constantin Moiceanu, Maria Costel Pãunescu, Remus-Constantin Opriº, Tudor Gavril Matilda Þeþu, Voicu Valentin Glodean, Ioan Lup, Attila Dunca, Emilian Bratu, Gheorghe Comãnescu, Mircea- Verest—y, Gheorghe Cãtuneanu, G‡bor-MenyhŽrt Hajdœ. Mihai Munteanu, Emil Teodor Popescu, George Stãnescu, The notifications retained for examination are based on Otto-Ernest Weber, Cornel Protopopescu, Horia Radu the following: Pascu, Valentin Vasilescu, Mihail Nicã, Viorel Pavel, Petre 1. A series of considerations with a predominantly po- Dugulescu, Sergiu George Rizescu, Ion Raþiu, Mircea Ioan litical character, aiming to prove, on the one hand, that Popa, Valentin Argeºanu, Ion Hui, Radu Livezeanu, the solutions adopted by the law are not founded on the Gabriel Þepelea, Aurelian Paul Alecu, Ion Corniþã, Vasile idea of protecting the tenants from the dwellings abusively Gheorghe Victor Pop, Sorin Victor Lepºa, Ion-Florian passed into State property, but Òto appropriate to the for- Angelo, Liviu Neculai Marcu, Ion Berciu, Gavril Dejeu, mer and present nomenclature the buildings belonging to George Iulian Stancov, Constantin Ionescu, Gheorghe othersÓ, and, on the other hand, that the tenantsÕ protec- Cristea, Vasile Lupu, Ioan Ghiºe, Constantin ªerban tion could have been juridically achieved more efficiently Rãdulescu-Zoner, Vasile Mândroviceanu, Ion Dobrescu, in other ways, namely by extending the lease contracts Radu Mircea Berceanu, Iuliu Vida, Constantin Gheorghe over 5, 10, or even 15 years or by Òretrocession of the Avramescu, Mircea Popescu, Ioan Sorin Marinescu, Ioan nude property to the owners and their heirs, while Strãchinaru, Nestor Cãlin, Mihail Bucur, Emil-Livius- preserving its lifelong usufruct for the tenantsÓ. Nicolae Putin, Vasile Niculae Constantin Ionescu-Galbeni, 2. Some of the provisions of the law have a retroactive Ioan Mureºan, Ion Dinu, Alexandru Simionovici, Corneliu- character, thus violating the provisions under Article 15, Constantin Ruse, Cristian Rãdulescu, Mircea Ciumara, paragraph (2) of the Constitution, according to which Òthe Paula-Maria Ivãnescu, Constantin Berechet, Georgicã law acts only for the future, with the exception of the Alexandrache, Attila Varga, L‡z‡r Madaras, Gheorghe more favourable criminal lawÓ. Tokay, Alexandru K—nya-Hamar, Ervin Zolt‡n SzŽkely, In this sense, it is claimed that, by Article 1, paragraph Imre Andr‡s, K‡roly Kerekes, Benedek Nagy, Francisc 1, practically the law declares as being passed into State B‡r‡nyi, çrp‡d-Francisc M‡rton, çkos Birtalan, Ludovic property all real estates existing in its possession or in that
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of legal persons with a public or collective character on extent to which the transfer of property really took place December 22, 1989. Such being the case, it is shown in and produced its effects can be made, in case of litigation, both notifications, Òthe State and other public legal persons only by a court of lawÓ. acquire a right of property retroactively, from the date of In the notification of the group of Senators it is argued taking possession of the good, or on December 22, 1989Ó. that the State could not have acquired the property right This would mean the law should constitute itself a title of on the basis of the Decree No. 92/1950, because it was property for State and other legal persons, not only for unconstitutional even in comparison with the 1948 goods whose passage to State was based on a title Ñ found- Constitution; as the authors of the notification show, while ed on a legal provision in force at the respective date Ñ, the Constitution provided the possibility for the produc- but also for goods entered into State possession without tion means, banks and insurance companies, property of valid titles or without any title at all, therefore by the sim- natural and legal persons, to pass into State property, the ple dispossession of the owners. Decree No. 92/1950 had in view the nationalization of Even assuming that, in the situation of inexistence of some goods of which only a small part were production valid titles, reference would be made to the provisions of means. the Decrees Nos. 218/1960 and 712/1966, one should 3. In both notifications it is also shown that the law vio- consider Ñ it is claimed in notification Ñ, on the one lates the principle of power separation, a principle which, hand, the fact that there are numerous cases in which although not provided under the Constitution, stood at the no takeover deeds were made, that is, of putting into foundation on which the fundamental law was elaborated. execution, in the concrete case, of the two decrees, and, In support of this viewpoint it is resumed the argument on the other hand, that, anyway, the provisions of the with regard to the retroactive character of those provisions two statutory instruments do not cover the takeovers of the law by which State would acquire the property right without title of some dwellings, which occurred after over all buildings designed for dwelling purposes, entered 1960 or after 1966. into its possession with or without title. It is argued, in In support of these arguments, reference is also made this sense, that by Article 1, paragraph 1 under the law, to the Consultative Advice of the Constitutional Court, Parliament, instead of making laws, passes judgment, enter- published in the ÒMonitorul OficialÓ (Official Gazette of ing into the domain reserved to the judicial power; such Romania), Part II, No. 166 of July 16, 1994. being the case, as it is considered in the notification of the With reference to the dispossessions made on the basis group of Deputies, the settlement of the legal situation of of statutory instruments, the advice of the Constitutional the buildings coming under the incidence of the law Òis Court specifies that the former ownersÕ reinstatement in converted in fact into a real judgment on the transfer of their rights is made only by law, but considers that Òof property, the Parliament establishing by law and in gen- course, the situation is different in case the former owner eral that between 1945 and 1989 any takeover made by was dispossessed of his/her right by an abusive adminis- State, regardless of the way in which it was done, was trative act, because in this case the property right was not equivalent with a correct and valid transfer of property rightÓ. legally suppressed (item 3, subparagraph d), paragraph 2 4. Another objection included in the notification of the under the advice). group of Deputies refers to the violation of the provisions No matter how one might decide Ñ therefore even if it under Article 41, paragraphs (1)Ñ(5) and (7), as well as of would be admitted, according to the Constitutional CourtÕs Article 135, paragraph (6) under the Constitution, accord- practice, that buildings taken over by State on the basis of ing to which private property is equally protected by law, some titles could have become its property Ñ, the authors regardless of titular, it being, in accordance with the law, of notification consider that Òthe establishment of the inviolable; no one can be expropriated except for a cause
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of public utility, established according to the law and only obligation on Romanian citizens Ñ and, equally, on foreign with a just and preceding indemnification. Lawfully citizens and on stateless persons Ñ to exercise their consti- acquired wealth cannot be confiscated. tutional rights and freedoms in good faith, without violat- In the argumentation of this objection, it is considered ing the rights and freedoms of others. that, by including in the given regulation also the build- In support of this criticism, it is considered that the law ings taken over by State without title, the lawmaker creates the legal premisses and conditions necessary to the resorts to an Òindividual expropriationÓ, not provided by tenants for consciously violating the right of the former the Constitution. But the Constitution does not permit the owners, as they shall be allowed to buy the unrestored passage of some goods into State property otherwise than flats or buildings. by expropriation or confiscation, in strictly determined 8. In the notification of the group of Deputies it is also cases and only in the terms provided by law; and in the argued that the law violates Article 16 under the terms of this law one cannot speak of a just indemnifica- Constitution, which sanctions the equality of citizens tion, as the necessity of the appropriation of some dwell- before the law and public authorities, without privileges ings to their tenants cannot be considered a cause of and without discriminations. But, according to Article 4 public utility, in the sense of Article 41, paragraph (3) under the law, Romanian citizens having their domicile under the Constitution. abroad shall benefit by the provisions of the law only if 5. In the same way, it is argued in the notification of they establish their domicile in the country within 6 months the group of Deputies that, for the reasons shown in con- after its coming into force. nection with the so-called Òindividual expropriationÓ or 9. According to the same notification, Article 18 under Òdisguised expropriationÓ previously evoked, to the extent the Constitution is also violated, since foreigners and state- to which the ownerÕs heirs are affected, the law also vio- less persons cannot benefit by the provisions of the law lates Article 42 under the Constitution, which refers to the even if at the date of its publication they were living in guarantee of inheritance right. Romania. 6. In the same notification it is set forth the violation of 10. In both notifications, it is considered alike that Article 49 under the Constitution, referring to cases in Article 21 under the Constitution is also violated, as it which, by law, the exercise of some rights or freedoms states that every person may apply to court for defending may be restrained. In this connection it is argued that, by his/her rights, freedoms, and legitimate interests; no law law, it is violated the right to restitution in kind of goods may restrict the exercise of this right. unlawfully appropriated by State or by other legal persons Violation of this constitutional text would result from and, in the same way, it is limited and violated the right to the provisions under Article 24, paragraph 1 of the law, full indemnification for the situation in which the good is according to which the settlement of petitions for restitu- not restituted in kind to its owner. tion in kind or indemnification for buildings designed as But, it is shown in the notification, by Article 2, para- dwellings passed into State property shall be made only on graph 1 of the law, the restitution in kind of the dwellings the grounds of this law. Thereby Ñ it is argued Ñ the pos- is provided only to those owners living as tenants in them, sibility of instituting real estate revendication pleas is and, likewise, in case the flats are free, and by Article 13, excluded, thus being limited the free access to justice, paragraph 2 it is limited the total value of the flat restitut- since, in presence of this text, the courts of law may ed in kind and the indemnities due for the flats unrestor- decide only the rejection of such pleas as non-admissible, ed in kind and for the corresponding grounds. without concerning themselves with the legal substance. 7. In the opinion of the group of Deputies, the law vio- The fact that the law provides the possibility of declar- lates also Article 54 under the Constitution, which lays an ing an appeal against the decisions of the county commis-
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sions does not impart to the respective petitions of appeal appeal, set forth under Article 128 of the Constitution, the character of revendication pleas, considering that their because the public prosecutor-general may exercise the settlement takes place within the limiting framework of recourse in annulment at any time. But, as it is stated in the law itself. the notification, in civil matters such a rule infringes upon In connection with this objection of unconstitutionality, the citizensÕ rights as established by justice, upon the sta- it is evoked the fact that, whereas revendication pleas bility and mandatory character of judicial decisions, as directed against the State are non-admissible, they can be well as upon the authority of the matter judged. introduced without restriction when the accused are natu- In conclusion, it is shown that, on the grounds of ral persons holding without right goods belonging to other Article 330 under the Code of Civil Procedure, contrary to people, a fact which would be tantamount to an inadmissi- the Constitution, Article 24, paragraph 2 under the law ble discrimination. would be, in its turn, unconstitutional. The same arguments are used to prove that, at the same 12. A number of objections, included in both notifica- time, the law violates Article 125, paragraph (1) under the tions, with regard to the unconstitutionality of the law Constitution, according to which justice is administered by refer to its nonconformity with the provisions of some the Supreme Court of Justice and other courts established international pacts and treaties to which Romania is a by law. party. 11. In the notification of the group of the Chamber of Starting from the texts under Article 20 of the DeputiesÕ members it is considered that Article 24, para- Constitution, which state that Òconstitutional provisions graph 2 under the law violates Article 128 under the concerning the citizensÕ rights and freedoms shall be inter- Constitution, which provides that, against decisions of the preted and enforced in conformity with the Universal courts, the parties concerned and the Public Ministry may Declaration on Human Rights, with the covenants and exercise ways of appeal, in accordance with the law. other treaties Romania is a party to. Where any inconsist- In the sense of this statement, it is considered that the encies exist between the covenants and treaties on funda- provision under Article 24, paragraph 2 of the law, which mental human rights Romania is a party to, and internal stipulates that judicial decisions with regard to the build- laws, the international regulations shall take precedenceÓ. ings provided under Article 1, remaining final and irrev- Such being the case, if the law deviates from the rules ocable, may be challenged with recourse in annulment, included in an international pact, treaty, or convention on based on the provisions of Article 330 under the Code of fundamental human rights, it violates at the same time Civil Procedure, would represent an unjustified inter- the provisions of the Constitution. ference of the legislator in the judicial activity, an instru- Thus, it is invoked a number of international regula- ment suggesting that lawsuits already judged in this tions with reference to the right of persons to have their matter are attackable for transgression of the courtsÕ right to property recognized and protected, by having prerogatives; incidentally, in this way it would be also vio- recourse to the competent national courts inclusive. In this lated Article 125 under the Constitution. sense, reference is made to the Universal Declaration on Likewise, it is alleged that the reference made by Article Human Rights, the European Convention on Human 24, paragraph 2 under the law to Article 330 under the Rights, the Document of the Copenhagen Meeting of the Code of Civil Procedure is unconstitutional, being claimed Conference for the Human Dimension of CSCE. the unconstitutionality of the procedural text itself, to Reference is also made to the ÒDeclaration on the which reference is made. In this sense, it is asserted that Fundamental Principles of Justice in Connection with the Article 330 under the Code of Civil Procedure violates the Victims of the Abuse of PowerÓ, adopted by the UNOÕs principle of partiesÕ equality in the use of the ways of General Assembly, No. 46 of February 29, 1984, which con-
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siders the obligation of UNOÕs member states to include in On the grounds of Article 19 under the Law No. 47/1992, their legislation provisions referring to remedies and resti- the viewpoints of the presidents of the two Chambers of tutions due to victims of the abuse of power. Parliament, and of the Government were solicited. 13. The unconstitutionality of adopting the law by the In the viewpoint of the Chamber of DeputiesÕ president Senate is invoked in the notification addressed to the it is considered that the unconstitutionality objections are Constitutional Court by the group of Senators, consisting groundless, essentially for the following reasons: in that the number of votes requested by Article 74 under Ñ the notification signed by the 50 Deputies cannot be the Constitution for adopting an organic law by the Senate accepted, because it does not fulfil the conditions under was not met. It is claimed that, whilst for the adoption of Article 144, subparagraph a) of the Constitution, in the the law the favourable vote of at least 72 Senators was sense that it is signed by 49 Deputies and one Senator; needed, in fact only 68 (or, possibly, 69) members of the Ñ with regard to violation of Article 15, paragraph (2) Senate voted ÒforÓ. under the Constitution it is shown that the assertion Òcan- It is recollected that on this ground of unconstitution- not be received under the conditions in which the law pro- ality the Constitutional Court was informed before, on duces legal effects only after its coming into forceÓ, and September 27, 1994, by a group of 26 Senators, but the these Òhave in view natural persons and the change of notification was rejected by the Constitutional CourtÕs legal regime of some goods for the future, without affect- Decision No. 93 of October 20, 1994, on the grounds ing the legal relations arisen before the coming into force of that the unconstitutionality objection was not invoked the lawÓ. The Constitutional CourtÕs Decisions No. 62/1995 in the terms of Article 144, subparagraph a) under the and No. 3/1993 are quoted; Constitution. Ñ with regard to Article 24, paragraph 1, which violates 14. Another unconstitutionality objection, with a proce- the provisions of Article 21 under the Constitution, it is dural character, is invoked in the notification of the group shown that the objection is unfounded, because Article 18 of Deputies, who, referring to the way in which it was car- under the law regulates the judicial control on the com- ried out the joint meeting of the Chamber of Deputies and missionsÕ decisions, there being also observed the constitu- Senate on June 28, 1995, claim that the provisions of tional provisions under Article 72, paragraph (1) Ñ Article 76, paragraph (2) under the Constitution have been ÒParliament passes constitutional, organic, and ordinary violated, the same as those of Article 54 of the Standing lawsÓ Ñ and of paragraph (3), subparagraph k) Ñ ÒOrganic Orders of the two ChambersÕ joint sittings. laws shall regulate the general legal status of property and It is taken into consideration the fact that, as the report inheritanceÓ; of the mediation committee, which had been adopted by Ñ with regard to violation of the provisions under the Senate Ñ except Article 10 under the law Ñ, had not Article 41, paragraphs (1)Ñ(5) and (7), as well as under added after debate the necessary number of votes in the Article 135 of the Constitution, on the ground that the for- Chamber of Deputies, in the joint sitting of the two mer owners would have a right of property on the build- Chambers, held on June 28, 1995, instead of being submit- ings passed into State property, it is considered that Òsuch ted to debate all the texts on which the Senate had decided a right does not exist, these goods are in the property of in one way and the Chamber of Deputies in another way, the Romanian State which owns them in its own nameÓ there were submitted to debate only the provisions under and Òit is not a question of violating the provisions under Article 10 of the law (voted by the Senate in its own word- Article 41, paragraphs (1)Ñ(5) and paragraph (7) and ing, although the mediation committee had proposed for under Article 135 of the Constitution, since these provi- voting the text of the Chamber of Deputies). sions are irrelevant for the constitutional characterization
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of the deeds in whose virtue the former owners lost these the stipulations under Article 18, paragraph 1 and Article buildings, and the State became their ownerÒ; 24, paragraph 2 of the law, it is ensured the judicial con- Ñ with regard to violation of the provisions under trol of the decisions of the commissions constituted on its Article 42 of the Constitution Òon the ground that the law grounds; violates the right to inheritance, because we are faced with Ñ with reference to Article 24, paragraph 2, which vio- a camouflaged expropriationÓ, it is considered that neither lates the provisions of Article 128 under the Constitution, this assertion can be received, the provisions of the law it is shown that Òthe exercise of the ways of appeal carried recognizing to the former owners or their heirs either the out in the terms of the law does not infringe Article 128 right to acquire in kind the dwelling they hold, or the under the ConstitutionÓ; right to indemnification; Ñ with regard to violation of the constitutional provi- Ñ with reference to violation of the provisions under sions referring to property and its protection by Article 1 Article 49 of the Constitution by unrecognizing the right to paragraph 1 under the law, which uses the phrase Òwith- restitution in kind of the buildings, as well as the right to out titleÓ, it is considered that the petition for reacquisi- full indemnification in case the good is not restored in tion by a revendication plea may be foredoomed to failure kind, it is considered that Òrestitutio in integrumÓ and full in most cases owing to absence of property title, prescrip- indemnification are not fundamental rights, but modali- tion of the right to plea according to Article III under the ties for remedying material and moral prejudices caused Decree No. 218/1960 for the modification of the Decree to a person; No. 167/1958, usucaption; Ñ with reference to violation, by Article 9 under the Ñ as to violation of Article 74, paragraph (1) and Article law, of Article 54 under the Constitution, it is considered 76, paragraph (2) under the Constitution, and, respectively, that the contention is groundless as long as the tenantsÕ of Article 54 under the Standing Orders of the joint sit- good faith is presumed, and the exercise of their rights is tings of the Chamber of Deputies and Senate, with refer- made with the protection of the rights of former owners ence to the procedure for adopting organic laws, it is con- or their heirs; sidered that the unconstitutionality objection cannot be Ñ with reference to violation, by Article 4 under the received, because the signatories do not prove the non- law, of the provisions under Article 16, paragraph (1) of observance of the voting procedure. the Constitution, it is considered that Òthe law also applies In the viewpoint of the SenateÕs president it is consid- to Romanian citizens whose domicile is abroad, who estab- ered that the unconstitutionality objections are groundless, lish their domicile in the country within the term provid- essentially for the following reasons: ed by the law; hence, between them and those whose Ñ with reference to the invocation of the Constitutional domicile is in the country there is no discriminationÓ; CourtÕs practice and, respectively, in regard of the solicita- Ñ with regard to violation of the provisions under tion addressed to the Court to pronounce a decision Òfind- Article 18 of the Constitution by removing foreigners and ing the unconstitutional character of the respective lawÓ, it stateless persons from the benefit of the law, it is consider- is considered that the allegation is groundless, because ed that Òthe law does not exclude from its benefit foreign- Òthe present procedure inscribes itself within the jurisdic- ers or stateless persons whose domicile is in Romania, tional procedure established at the control of the constitu- except obtainment of the right of property on grounds, tionality of laws before promulgationÒ, instituted by the according to Article 18, paragraph (1) and Article 41, para- Law No. 47/1992. Likewise, it is considered that neither graph (2) under the ConstitutionÓ; the invocation of the lack of correlation of the law with Ñ as to violation of the provisions under Article 125, international documents, and, therefore, violation of paragraph (1) of the Constitution, it is considered that, by Article 20 under the Constitution, is founded, since, just
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because it is recognized the commitment of abuses and Rights, of Article 1 under the Prime Protocol to the illegalities before December 1989, by Article 77 under the European Convention on Human Rights, and of Article 96 Law No. 58/1991 and Article 26, paragraph (3) under the under the Document of the Copenhagen Meeting, it is Law No. 47/1992, that the regulation of the mode for shown that this Òrepresents in fact a resumption of the redressing and removing iniquities was pursued; same ideas, previously contended by us.Ó It is mentioned Ñ as to the objection from the notification with regard Òthat the reply is the sameÓ as regards the assertion refer- to the Òretroactive character of the law, since, instead of ring to the violation of Article 49 under the Constitution Ñ providing for the future, it has constitutive effects for the the restriction of the exercise of some rights or freedoms; past, contrary to the provisions of Article 15, paragraph (2) Ñ as to the assertion referring to the principle of full under the ConstitutionÓ it is shown that the assertion is restoration and the one in kind, it is considered that Òthe theoretically wrong. This is so because the State is not political option is bound to take into account the economic recognized as having the quality of an owner, exercised possibilities, social cost, absorption difficulties of some after a certain date with all its prerogatives, being classes of persons for whom the State, according to Article considered a simple state of fact that excluded the former 43 under the Constitution is bound to ensure a decent owners from their rights. In reality, the viewpoint asserts, living standardÓ; Òit is not raised the problem of a revendication right, the Ñ as to the violation of Article 16, paragraph (1) under non-possessive ownerÕs attribute, but that of reconstituting the Constitution Òby conditioning some Romanian citizens the emolument of the damages suffered on that dateÓ, living abroad to establish their domicile in Romania with- with the mention that the reply is the same for the subsid- in 6 months after the coming into force of the law in iary argument used by the group of Senators in connec- order to benefit by the provisions of this lawÓ, it is consid- tion with this problem, namely: ÒWhy a revendication plea ered that, in order to benefit by rights under equal condi- against a natural person who dispossessed the petitioner tions with the other Romanian citizens, the participation in the 1945Ñ1989 interval should be permitted, and why to all obligations towards the State is correlatively neces- the State should not be called to account before the court sary; of law, thus being created a discrimination between Ñ assertions with regard to violation of Article 54 under ownersÓ. the Constitution Ñ exercise of rights and obligations Ñ The same way of grasping the problem, considered as have no connection with the direct relations which the groundless, determines also the criticisms made in noti- constitutional text aims at; fications to the Decree No. 218/1960 and the Decree Ñ with reference to violation of Article 18 under the No. 712/1966. Constitution, namely the fact that foreign citizens and The object of the criticized law concerns, concretely, the stateless persons living in Romania do not benefit by the buildings for which the State exercises the property pre- provisions of the law, too, it is considered that this criti- rogatives, so that it is considered that the invocation of cism is not founded, because, on the one hand, the situa- Article 150 under the Constitution with regard to the theo- tion of former Romanian citizens was solved by unpublish- retical impossibility of making in the present time take- ed international documents, and, on the other hand, the over deeds on the basis of those statutory instruments, constitutional text aims at the general protection of per- considered abusive, is not justified; sons and wealth, the Romanian State having the power to Ñ with regard to the invocation in the unconstitution- impart to its citizens rights with a specific character; ality objection of Article 41, paragraphs (1)Ñ(5) and para- Ñ as to the objection with reference to the provisions graph (7) and of Article 135 under the Constitution, of under Article 24, by which the right of having recourse to Article 17 under the Universal Declaration on Human the law would be restricted, thus being violated Article 24
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and Article 125 under the Constitution, it is considered Ñ with regard to the unconstitutionality objection that Òno provision under the law prevents the access to regarding the Decree No. 92/1950 it is considered that, justice, in order to observe the rights imparted by the new according to the Constitutional CourtÕs Decisions No. 3/1993 law, so that, the premisses being false, the conclusion and No. 27/1993, Òin the case of buildings nationalized by drawn must necessarily be of the same kindÓ; the Decree No. 92/1950, the StateÕs subjective right was Ñ the reference to violation of Article 128 under the constituted, hence the corresponding legal relations were Constitution Ñ regarding the use of ways of appeal Ñ established, prior to the 1991 Constitution, on the grounds Òsince reference to Article 330 under the Code of Civil of another constitutional regime. Procedure is unconstitutional, as the principle of the par- According to the previous constitutional regime, the tiesÕ equality is violated, when it is provided that the State is the owner of nationalized buildings, and all recourse in annulment may be exercised only by the aspects of unconstitutionality invoked have to be examin- public prosecutor-general, at any time, thus being created ed and solved by starting from the acknowledgment of this a discriminationÓ is unfounded, because there are only right of the StateÓ; two cases of promoting a recourse in annulment; Ñ with regard to the retroactive character of the law, by Ñ with reference to the problems of procedure invoked which the provisions of Article 15, paragraph (2) under the by the group of Senators in their notification and which Constitution would be violated, it is considered that, as it refer to the constitutionality of the final vote expressed in was established by the Constitutional Court and by the the plenum of the Senate, violation of Article 76, para- Supreme Court of Justice, Òthe question of the conformity graph (2) under the Constitution, and of Article 54 under of a law or of other legal regulations have to be related to the Standing Orders of the joint sittings of the Chamber of the Constitution under whose rule these were adoptedÓ, Deputies and Senate, by limiting the debates only to specifically Òthe StateÕs subjective right of property on the Article 10 under the law, it is considered that they have buildings passed in its property is not extinguished as a been examined in the introductory part of this viewpoint, when reference has been made to the Constitutional result of the coming into force of the 1991 ConstitutionÓ, CourtÕs Decision No. 93 of October 20, 1994; but Òit may be exercised only by observing the constitu- Ñ as to the objection with reference to the provisions of tional provisions with reference to property... This is an Article 1 et sqq., which violate the principle of the separa- aspect which, however, does not regard the existence of tion of powers, it is asserted that Òconfusion is made be- the right, but its legal regimeÓ; tween who creates the rule of law and who settle the con- Ñ with reference to the unconstitutionality of the flicting legal relations arisen on the grounds of a lawÓ, syntagma Òwithout titleÓ, it is shown that, by the Decree quoting in support the Consulting Advice of the No. 218/1960 for the modification of the Decree No. 167/1958 Constitutional Court, published in the ÒMonitorul OficialÓ and the Decree No. 712/1966 with regard to goods fit- (Official Gazette of Romania), Part II, No. 166 of July 16, ting into the provisions under Article III of the Decree 1994. No. 218/1960, there were legalized Òthe takeovers without In its expressed viewpoint, the Government considers title of some private property goods, being considered that the objections included in notifications are ground- State property goods, entered into possession of some less, essentially for the following reasons: socialist organizations, in absence of a title inclusiveÓ. Ñ the notification of the 50 Deputies cannot be received, Likewise, it is considered that Òthe meaning of Article 1, because it does not fulfil the conditions under Article 144 paragraph 1, from the point of view of the application of of the Constitution and under Article 17 of the Law the law in time, represents the finding of a notorious real- No. 47/1992; ity: the existence of the StateÕs right of property on the
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buildings taken over, regardless of whether this was made sum, which, anyway, does not amount to the equivalent of with or without titleÒ. the average wage income on the economy, of one person, Furthermore, it is considered that the argument accord- over a period of 20 years, as the Romanian law pre- ing to which other goods Òthat have not passed into State scribesÒ; property not even by effect of the two mentioned decrees, Ñ with regard to violation of Article 54 under the and that their restitution could not be decided by this law, Constitution, it is deemed that Òit cannot be a question of but by the courts of law, in the opposite case the law violating the rights of those who were prejudiced by loss would infringe the principle of the separation of powers in of property, as a result of the sale to the tenants, by the StateÓ promotes the citizensÕ inequality before the law. As State as owner, of the flats or buildings that were not re- to the dispossessions made by the State, with or without storedÓ and, therefore, Òit is not impaired in any way title, it is considered they were, indeed, abusive and Article 54 under the Constitution, which provides that citi- unlawful, but the remedial measures can be established zens shall exercise their rights in good faith, without any only by law. In support of this idea one may also mention infringement of the rights and freedoms of othersÓ; the provisions under Article 26, paragraph (3) of the Law Ñ with regard to violation of Article 16, Article 17, and No. 47/1992 and Article 77 of the Law No. 58/1991, so that Article 25 under the Constitution, by unrecognizing the Òaccording to these peremptory provisions, the remedy of right of property of Romanian citizens established abroad, such damages is a question reserved to the law and no and by creating inequality between former owners, it is judicial body may substitute itself for the legislator in solv- considered that this rule Òcannot be censored, nor consid- ing the respective question without violating these provi- ered as violating some constitutional principleÓ; sionsÓ. The criticism from the notification with reference Ñ with regard to violation of Article 21 under the to the meaning of the notion of remedial measures is con- Constitution by Article 24, paragraph 1 under the law, it is sidered as Òa question of interpretation of the lawÓ, and considered that the law does not prohibit the free access to not one of unconstitutionality; Ñ with regard to assertions referring to the violation of justice, and, in fact, the solution of the law is in agreement the provisions under Article 41, paragraphs (1)Ñ(5) and (7), with the Constitutional CourtÕs Decision No. 3/1993, with under Article 42 and under Article 135, paragraph (6) of item 3 under the Decision No. 1/1995 of the Supreme the Constitution, it is deemed that the objections have no Court of Justice, as well as with the provisions under the real support, because the law does not operate the pas- Law No. 47/1992 and under the Law No. 58/1991, from the sage of some goods into State property, the State having point of view of the remedy in kind of the damages already the owner quality over the buildings on the incurred through nationalization; grounds of the nationalization made under the rule of Ñ with regard to violation of the provisions under another Constitution; Article 128 of the Constitution by Article 24, paragraph 2 Ñ as to violation of the provisions under Article 49 of under the law, as a result of the reference made by the the Constitution, for the aspect from objection referring to law to Article 330 under the Code of Civil Procedure, it is the remedy in kind of the damages incurred, the previous- deemed that these legal stipulations Òdo not represent ly evoked arguments are reiterated, and for the aspect anything else but the establishment, in the terms of the with reference to the quantum of indemnifications, law, of the reforming procedure of a decisionÓ; it is shown that Òin relation to the possibilities of the Ñ as regards the aspects of a procedural nature invoked Romanian national economy, these are distinctly superior with reference to the carrying out of the sittings, it is con- as against similar measures taken by some formerly com- sidered that these are not within the Constitutional CourtÕs munist countries which have vouchsafed coupons or a competence;
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Ñ with regard to the evocation, within the content of some legal provisions regarding the passage into StateÕs notifications, of international documents on human rights, property of some buildings intended as dwellings, the law it is deemed that Òneither in their light can the unconsti- has by no means a retroactive character, it settling only for tutionality objections be retainedÓ. the future the former ownersÕ right to have their respec- Taking into consideration that the notifications of uncon- tive goods returned, or to receive the established indemni- stitutionality forming the object of the Files No. 107 A/1995 fications, as the case may be. and No. 108 A/1995 refer to the same law, it was decided to Indeed, according to the Constitutional CourtÕs constant connect File No. 108 A/1995 with File No. 107 A/1995, practice as it results from the Decision No. 3/1993 and from the Decision No. 62/1995 Ñ, the supremacy of the THE CONSTITUTIONAL COURT, constitutional provisions with reference to the regime of private property Ñ as, in fact, generally, the supremacy of by taking into account the unconstitutionality objections the fundamental law, to which Article 51 under the included in the two notifications retained, the viewpoints Constitution refers Ñ applies exclusively to laws in force communicated by the president of the Chamber of under the rule of the present Constitution. Deputies, the president of the Senate, and by the Such being the case, application of the hierarchical cri- Government, the report prepared by the judge-rapporteur, terion of the supremacy of Constitution over a previous the provisions of the Law on the settlement of the legal con- law whose effects were consumed in the past would mean dition of some buildings designed for dwelling purposes, to impart to the present constitutional regime a retroactive passed into State property, related to the Constitution of effect, infringing the principle of non-retroactivity of law. Romania, on the grounds of the provisions under Article The settlement of conflicting laws in time calls for a dif- 144, subparagraph a) of the Constitution and of Article 17 ferentiation of the subjective right constituted under the et sqq. of the Law No. 47/1992, retains the following: rule of the previous law from that arisen according to the 1. As regards the objection according to which one of subsequent law; the latter law cannot, without having a the legislatorÕs aims Ñ namely, that of the protection of retroactive character, impair the modality in which the tenants from buildings passed into State property Ñ might previous law constituted the respective right, a modality have been achieved more efficiently by other ways, this is governed by the principle tempus regit actum. to be discarded. Consequently, even if the nationalization or other ways Indeed, such a criticism on the law, in the context in in which, under the rule of some previous laws, the StateÕs which it was formulated, does not rest on the invocation right of property arose are not in agreement with the pro- of some constitutional provisions that would be violated visions of Constitution, the StateÕs subjective right of pro- by the measures of social protection included in the law perty, constituted according to the legal regulations prior with regard to the class of persons considered. to the present fundamental law, is not extinguished as an On the other hand, the preference of Parliament, as the effect of its coming into force, irrespective of the modifica- single law-making authority of the country, for a certain tions made to the legal regime of property. legislative solution is a sovereign attribute of it, as long as According to Article 26, paragraph (3) under the Law it does not infringe the rules and principles of the No. 47/1992, the unconstitutionality of a law may be ascer- Constitution. tained by the Constitutional Court only with reference to 2. With regard to the assertion of the fact that, by legal relationships established after the coming into force Article 1, paragraph 1, the law would have a retroactive of the 1991 Constitution; this provision is, by assumption, character, it should be noticed that, starting from the fac- applicable to laws in force adopted prior to the tual finding of the existence, between 1945 and 1989, of Constitution. Such being the case, in comparison with the
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provision under Article 150, paragraph (1) of the goods than those to which the respective regulation refer- Constitution, which establishes that previous laws are red, this is also to be rejected, since, according to the abrogated to the extent in which they contravene a consti- Constitution, the Constitutional Court is not competent to tutional provision, Article 26, paragraph (3) under the Law examine the agreement of anterior laws with constitu- No. 47/1992 restricts the abrogating effect at the date of tional provisions existing at the date of their adoption, nor coming into force of the Constitution. It is however a rule to verify the way in which previous legal regulations were which cannot be applied to buildings passed into State applied. property under the rule of the Decree No. 92/1950 or of Finally, it should be noticed that, since the buildings in other legislative provisions prior to the Constitution, question are lawfully in State property, it is obvious that, because in the case of such buildings the StateÕs subjective in order to obtain the remedy that is due to them in the right of property was constituted within the framework light of the provisions of the law, the former owners or of some legal relationships established prior to the their heirs, as the case may be, shall have to follow the Constitution. rules instituted by this law, including those regarding the It follows, in the light of these facts, that the unconsti- access to courts of law. This represents a guarantee which tutionality objection with regard to the retroactive charac- could not be offered by the way of an action at law reven- ter of the provisions under Article 1, paragraph 1 of the dicating a good indisputably passed into State property. law be rejected, since it must be recognized the StateÕs Objections with regard to the unconstitutionality of right to unrestrictedly decide on the legal regime of the Article 1, paragraph 1 under the law are, therefore, un- goods entered into its property on the basis of titles con- founded and shall be rejected as far as they refer to dwell- formable to the legislation existing at the moment of ings taken over by the State on the basis of some titles, coming into possession of its property right, as well as to hence on the grounds of legislative regulations existing on establish the way in which Ñ by restitution in kind, by the respective date, regulations adopted on the basis of payment of indemnities, or in any other manner Ñ the for- another constitutional regime. mer owners or their heirs shall benefit by remedies for the In all these cases, the StateÕs right of property cannot be prejudices suffered by application of some legislative stip- contested, so that the restitution of the respective goods to ulations in the period from March 6, 1945 to December 22, the former owners or to their heirs, as well as the regula- 1989. The remedial measures included in the law, having tion of the granting of some indemnities can be achieved to be exclusively applied in the future, do not have a only by a special law, as it results, in fact, from the Law retroactive character under any of their meanings. No. 58/1991 (Article 77) and from the Law No. 47/1992 The reference to Article 1 of the law on buildings which [Article 26, paragraph (3)]. were in State possession, or in that of some legal persons Quite different is, however, the situation of dwellings on December 22, 1989 does not take into consideration the which were taken over by State through an unlawful establishment of the moment of their passage into State administrative act, or simply in fact, hence without a title, property, but exclusively the determination of the sphere under conditions of non-existence of a legal regulation of the dwellings to which the provision of the law applies. which should constitute the legal ground of the constitu- As regards the objection based on the assertion that the tion of the StateÕs right of property. In such cases, the law would be unconstitutional also by the fact that it natural personÕs right of property had not been lawfully acknowledges the effects of the Decree No. 92/1950, al- abolished, so that, the State not being owner, such build- though it was unconstitutional even in relation to the provi- ings cannot be included in the class of those considered sions of the 1948 Constitution, and, on the other hand, in a law whose object is the regulation of the legal situa- that, in its application, there were also taken over other tion of dwellings passed into State property. In other
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words Ñ except cases in which, according to the law, the within that term, on the fact that the petition of revendi- flats would have to be returned in kind, without value re- cation was forwarded). strictions, to their former owner or his/her heirs Ñ, the On the occasion of such completions of the law, it measures included in the law (granting of indemnities, should also be considered Ñ as compared with the regula- sale of the dwellings to the tenants occupying them, or tion given by Article 24, paragraph 2 Ñ the necessity to their preservation into the StateÕs patrimony) are not regulate the right of persons who have obtained final and applicable to those dwellings on which the State has not irrevocable judicial decisions for restituting some dwell- legally acquired the right of property. ings, challenged with recourse in annulment, to benefit by To consider, in a provision of the law, that buildings the provisions of the law in case the respective decisions taken over by the State without title are also an object of would be abolished as a result of the recourse; it would be its right of property would be to acknowledge to this law a conceivable a Òre-instatementÓ within the 6-month term, constitutive effect of StateÕs right of property which would on the grounds of the law. presuppose either a retroactive effect of the law, or the 3. It is to be rejected the criticism with reference to recourse to a mode of transforming the property of violation, by Article 1, paragraph 1 under the law, of the natural persons into State property, which the 1991 principle of the separation of powers, as Parliament, Constitution does not recognize and which, therefore, can- instead of legislating, substitutes itself for the judicial not be accepted. power as far as it establishes, generally, by law, the fact It follows, consequently, that the unconstitutionality that all takeovers made by State in the 1945Ð1989 period, regardless of the way used, are equivalent to correct and objection on that part of Article 1, paragraph 1 of the law, valid transfers of the right of property. As essentially referring to buildings passed into State property or into asserted by the authors of this unconstitutionality objec- the property of other legal persons without title should be tion, the question of the restitution of buildings passed received. into State property or of the indemnification of the for- However, it would be equitable that the owners of such mer owners can be solved only by the courts of law, and buildings or their heirs should also benefit by the provi- not by the way of the law; by proceeding in this way, the sions of this law, as long as this right is acknowledged in law would violate to an equal extent Article 21 of the the present form of the law. Constitution with regard to the right of every person to Therefore, the Parliament would be left to judge, in re- bring cases before the courts for the defence of his/her examining the law, the possibility of adopting some mea- legitimate rights, freedoms, and interests, and Article sures for completing its provisions with regard to: 125, paragraph (1) of the Constitution, which establishes Ñ the right of persons whose dwellings were taken over the administration of justice by the judicial courts consti- by State without title and of their heirs Ñ dwellings in tuted by law. whose respect the State did not acquire the right of pro- However, it is obvious that, in the presence of a right of perty Ñ to exercise an option for the benefit of application property, indisputable from the legal point of view, of the of the law, under the assumption that they would wish to State on the dwellings, based on legal regulations prior to abandon the uncertain, slow, and costly way of instituting the present Constitution, the only method of restituting revendication proceedings; the buildings and, as applicable, of compensating the Ñ interdiction of the sale to the tenants of the dwellings former owners is the adoption of a special law. in whose respect the interested parties have instituted pro- Indeed, in the presence of some legal realities consoli- ceedings within 6 months after the coming into force of dated as an effect of certain legal regulations issued under the law (on condition of notifying the competent bodies, the rule of another constitutional order, the judicial courts
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could not order Ñ in absence of some statutory texts design- State property, and not Ñ as it is asserted Ñ to Òtransfer ed to settle directly the complex situations created in the the ownershipÓ to the tenants. The possibility of selling to course of time and to conciliate the conflicting interests of the tenants the dwellings that are not restored in kind to various classes of persons Ñ restitutions or remedies, with- the former owners is regulated by Article 9, paragraph 1 of out substituting themselves for the legislative power, the law, as a form in which the State, as the owner, estab- thereby exceeding the limits of the judicial power. lishes the legal regime of the goods that belong to it, as it In relation to the provisions of the law, it cannot be did with the greatest part of its dwelling stock, already maintained that these would violate the stipulations of sold, according to the law, to the persons occupying the Article 21 and of Article 125, paragraph (1) under the dwellings and having the title of tenants. It is, at the same Constitution, as long as, according to Article 18 of the law, time, a question of acknowledging, by law, an equal enti- the decisions of the commissions instituted for establish- tlement of the persons who were allotted dwellings of the ing the right of the former owners and other persons to State with rent to buy them, regardless of the way in the restitution in kind or to the granting of indemnities, as which the dwellings were acquired in property by the well as the quantum of indemnities are subjected to judi- State, removing the present discrimination between cial control, according to the civil law, and may be chal- tenants from buildings built by State and those occupying lenged within 30 days after the communication. dwellings acquired in property, in other ways, by the State. 4. Neither could there be a question, under these condi- And it is, at the same time, a question of a measure whose tions, of a violation, by the provisions of the law, of the purpose is to ensure the achievement of the aim of law, constitutional texts referring to the protection of private namely that of covering a part of the expenses required by property, in an equal manner, regardless of the titular, by the former ownersÕ indemnification, under conditions in admitting the idea, promoted by the authors of one of the which the budgetary resources that can be appropriated to notifications, that the legislator would have resorted to this end are obviously insufficient. Òan individual expropriationÓ, not provided by the Such being the case, the ÒnecessityÓ of a settlement for Constitution. the tenants to buy the dwellings not restored in kind has The constitutional provisions with reference to the pro- no connection with the causes of public utility considered tection of private property, those regulating expropriation by the Constitution with reference to the conditions of for a cause of public utility inclusive, cannot have a expropriation [Article 41, paragraph (3)], since the object of retroactive character, to serve for the appreciation of the the law is totally different from expropriation. lawfulness of some measures adopted in the past, under Hence, the unconstitutionality objections referring to the rule of another legislation and of another constitu- the violation of Article 41 and Article 135, paragraph (6) tional regime. from the fundamental law are to be considered unfound- Starting from the factual finding of some existing jurid- ed, too. ical realities whose validity cannot be disputed any more, 5. No provision of the law entitles the criticism accord- the law not only fails to achieve Òan individual expropria- ing to which the provisions of Article 42 under the tionÓ of dwellings in State property, but achieves, with spe- Constitution, which guarantee the right of inheritance, cific means and taking into account the present social and would be violated. economic realities, a reparation to the benefit of the for- Leaving aside the reference which the authors of this mer owners, as natural persons. criticism make to the so-called Òdisguised expropriationÓ Ñ The purpose of the law is to establish remedial mea- a reference which has no support in the provisions of the sures Ñ restitutions and indemnifications Ñ in the interest law and which, in fact, can be hardly associated with the of the former owners whose dwellings were passed into guarantee of the right of inheritance Ñ, the law unrestrict-
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edly acknowledges the heirsÕ rights, these being identical In the conditions in which, in fact, the constitutional with those of the former owner, to whose inheritance they provisions produce effects only for the future, there can- are called. All forms of inheritance are recognized, both not be applied to the situations that find their regulation the legal and testamentary ones; the classes of heirs are in the law the texts of the Code of Civil Procedure to precisely those established by the civil law; no derogation which the authors of one of the notifications make ample from the common law rules with reference to the succes- references. It is not a question only of the fact that we are sional procedure is provided. Finally, the law establishes in presence of some objections regarding the agreement of (Article 5, paragraph 4) that the heirs are considered by the provisions of the law with those of the Constitution, right to have accepted the inheritance from the date of for- and not with stipulations included in another law, but also warding the petition with regard to the restitution in kind about the circumstance that the authors of the notification of dwellings or the granting of indemnities, as the case propose the application of the civil law to relationships may be. which have nothing in common with it, relationships in 6. Neither can be accepted the criticism with regard to which the State does not appear at all as a simple debtor violation of Article 49 under the Constitution, a text which of some obligations within whose framework the former takes into consideration cases in which, by law, the owners or their heirs would have the quality of creditors. exercise of some rights or freedoms can be restricted. The Hence, it is inconceivable the application of private law unconstitutionality objection takes into consideration the rules in a domain which, without doubt, belongs wholly to violation, by Article 2, paragraph 1 under the law, of the public law. right to restitution in kind of the goods passed into State But, since it cannot be a question of rights whose property, as well as of the right to full indemnification for existence is incontestable, hence of rights whose exercise the situation in which the good is not restored in kind. might be possibly restricted in consideration of the mo- In the first place, it should be noticed under the formal tives which Article 49 under the Constitution had in view, aspect that the text of Article 49 does not refer to the re- it is the legislatorÕs sovereign attribute to appreciate the striction of the extent or the suppression of some rights Ñ as modalities and conditions for achieving the remedial mea- it seems to be asserted by the authors of the notification, sures, as well as some of their possible limits. Obviously, with reference to consequences following from the right of since it is not a question about the restriction of the exer- property Ñ, but to the restriction of the exercise of some cise of some rights, but about the establishment, by law, of existing rights, acknowledged by other constitutional texts; the limits of some reparations, one cannot speak about the and the rights to which the objection refers concretely do application of Article 49 under the Constitution. not occur among those enumerated in Chapter II of Title The limitation of the extent of reparations, in the case II under the Constitution. of the law whose constitutionality is under discussion, has On the other hand, in order to be able to speak about in view the economic and financial possibilities existing in the restriction of a right Ñ or, in the terms of Constitution, comparison with other social and economic priorities and of the exercise of a right Ñ, it is necessary for that right to requirements, in whose estimation and satisfaction the exist, and, as has been shown above, with regard to the legislator is sovereign. As regards the mode for establish- right of property, it is not the case as against the provi- ing and extending the indemnities, the provisions of the sions of the law, since the buildings to which it refers law (Article 13, paragraph 2) undoubtedly assigns reason- form the object of the StateÕs right of property. The right able solutions. of the former owners to have their flats restored or to It is, indeed, important to specify that, with reference to receive indemnities is to arise, hence, in the future, by reparation in the assumption of the depriving of property, application of the provisions of the law. the European Court of Human Rights Ñ whose practice is
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mentioned in the viewpoint received from the Government 8. The objection, according to which the provisions Ñ established, on the one hand, that the right to indemni- under Article 4 of the law, which establish that Romanian fication must have a reasonable quantum, and, on the citizens having their place of permanent residence abroad other hand, that the estimation method for the good must are not to benefit by the provisions of the law unless they be, in its turn, manifestly reasonable. Since the practice of establish their domicile in the country within 6 months the European Court of Human Rights is based on interna- after its coming into force, violate Article 16 under the tional deeds with reference to human rights, it may be Constitution, is to be accepted. considered that the regulation included in the law regard- Indeed, the constitutional text mentioned stipulates the ing the quantum of indemnities that shall be granted to citizensÕ equality before the law and public authorities, the former owners gives expression to the exigencies of without privileges and discriminations. On the other hand, international regulations which have been taken into Article 25 under the Constitution, by guaranteeing the account by Article 20 under the Constitution. right to free circulation within the country and abroad, 7. Another unconstitutionality objection refers to the ensures to each citizen the faculty to establish his/her violation of Article 54 under the Constitution, which com- domicile or place of permanent residence in any locality pels the citizens to exercise their constitutional rights and within the country, to emigrate as well as to return to freedoms with good faith, without infringing the rights Romania. and freedom of others; but, in the opinion of the authors The conditioning, by law, of the granting of remedy for of the objection, the law creates the legal premisses and dwellings passed into State property by the obligation to conditions necessary to the tenants for deliberately violat- have the domicile in the country undoubtedly represents a ing the former ownersÕ right, in that they will be able to measure which violates the citizensÕ equality, establishing, buy the unrestored flats or buildings. to the disadvantage of those whose place of permanent The objection is to be rejected. It should be pointed out residence is abroad, an inacceptable discrimination in the that between the present tenants of the dwellings passed light of Article 16 under the Constitution. into State property and the former owners of these build- Such a condition can appear, in presence of the ings there are no juridical relationships of any kind, neith- constitutional texts, as a genuine sanction for those who er at present nor will there be established in the future, by do not have their domicile in the country. application of the provisions of the law; such being the On the other hand, it cannot be taken into account the case, there is no legal obligation the tenants might be fact that having the place of permanent residence abroad called to observe bona fide. would be practically incompatible with the right to receive On the other hand, in keeping with the provisions of the indemnities provided by the law. the law (Article 9), the tenants acquire the right to buy the Finally, one may not sustain Ñ as it is proposed in the dwellings they occupy, not from the former owners, nor viewpoint received from the president of the Senate Ñ that by violating their rights Ñ the latter having only the right the right to receive indemnities would be correlative with to receive the indemnities established according to the the achievement of some obligations that presuppose the law Ñ, but from State. The exercise by a person of a right presence in the country of those involved Ñ namely, partic- acknowledged to him/her by law cannot justify by itself, ipation in the formation of the public sector revenues, neither in this case, nor in general, a presumption of from which the expenses occasioned by the payment of mala fide. indemnities are fed. Indeed, for the virtual beneficiaries of Moreover, the abusive exercise of a right occurs only indemnities, the law provides nowhere such an obligation, when the right is achieved with another aim than that which would be tantamount to the duty of contributing recognized by the law. financially to their own compensation.
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Hence, the condition included under Article 4 of the It follows, therefore, by a per a contrario reasoning, that law must be removed from the text of this article, which foreigners and stateless persons were not considered by should give clear expression to the fact that by the provi- the law as potential beneficiaries of the measures it sions of the law there shall also benefit the Romanian citi- included. zens domiciled abroad. The reference in this article to The interpretation is based on the text of Article 4 Romanian citizens is constitutional, hence only the exclu- under the law, so that it is obvious that the modification sion of those having their domicile abroad is contrary to of this article, in the sense considered under item 8 above, the provisions under Article 16 of the Constitution. as a result of the finding of its unconstitutionality, would 9. As to the violation of Article 18 under the no longer allow the deduction of the legislatorÕs will with Constitution by the fact that foreigners and stateless per- regard to the question of knowing whether foreigners and sons are removed from the benefit of law, it should be stateless persons benefit by the provisions of the law or noticed, in the first place, that there is no such explicit not. provision in this sense, in the content of the law. Hence, here too, it is necessary that, within the frame- Such being the case, as part of the viewpoint received work of the re-examination procedure of the law, from the president of the Chamber of Deputies, it is sus- Parliament should appreciate with regard to the solution tained that, according to Article 1 under the law, its provi- of this question, and, if deemed necessary, it should intro- sions shall apply to former owners, regardless of whether duce the corresponding specifications, possibly even with- they are Romanian citizens, foreigners or stateless persons; in the content of Article 4 of the law. The solution which derives from the present form of it is specified, however, that, according to Article 41, para- the law is, however, proof against any criticism of uncon- graph (2) under the Constitution, foreigners and stateless stitutionality. Indeed, the text of Article 18, paragraph (1) persons cannot acquire the right of property on land. under the Constitution Ñ to which one of the notifications In exchange, in the viewpoint of the president of the refers Ñ provides that Òforeign citizens and stateless per- Senate, starting from the idea that foreigners and stateless sons living in Romania shall enjoy general protection of persons cannot benefit by the provisions of the law, there persons and assets, as guaranteed by the Constitution and are set forth the reasons for which the unconstitutionality other lawsÓ. By excluding in this case, too, a retroactive objection with regard to this solution cannot be received. application of the fundamental law, one cannot claim the No reference is made in the GovernmentÕs viewpoint to assimilation of these persons to the Romanian citizens this aspect. under the aspect of vocation to the benefit of a law creat- The legislatorÕs will to exclude foreigners and stateless ing rights only for the future. persons from the application of the provisions of the law However, it should be specified that the general protec- appears, however, beyond any doubt, since, even with tion of assets, to which the above-mentioned constitutional regard to Romanian citizens living abroad, the benefit of text refers, cannot in any way compel the legislator to the law is recognized only on condition of establishing include in the regime of favour which he understands to their domicile in the country. If the law would have had institute for Romanian citizens in a certain domain of in view the acknowledgment of the right of foreigners or social relationships also the persons who do not have this stateless persons to benefit by remedial measures, it quality, and the measures instituted by this law undoubt- should have been necessary to provide in their case, too, edly exceed the framework of general protection of assets at least the condition imposed upon Romanian citizens, belonging to foreigners or stateless persons. Indeed, in the for otherwise an inadmissible discrimination would have light of the constitutional text, existing assets are consid- been created against the latter. ered as an object of protection, and not the rights imparted
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by the law for the future, above the limits of those assets. Indeed, the provisions under Article 20 of the The adoption of such measures exclusively with regard to Constitution by which a relation is established between Romanian citizens is, therefore, a sovereign attribute of international regulations to which Romania is a party and the legislator. internal legislation, certainly cannot have a retroactive 10. The assertion according to which Article 24, para- character, and, therefore, cannot serve for the appreciation graph 2 under the law deviates from Article 128 under the of some legislative provisions prior to the fundamental Constitution, on the one hand because it would represent law, nor for the solving of questions regarding juridical the legislatorÕs unjustified interference in the judgment relationships arisen under a constitutional regime in activity, and on the other hand because it refers to the pro- which the principles instituted by the present constitu- visions under Article 330 of the Code of Civil Procedure, a tional texts were not known. text which would itself be unconstitutional, is to be elimi- The effects of such international regulations on the nated. internal legislation and on its application for the period Indeed, Article 24, paragraph 2 under the law does not prior to the Constitution in force cannot, therefore, be include a new legislative regulation, but it only refers to other than those which could exist at the moment they already existing rules, namely, to those included in the were produced. Code of Civil Procedure. Foreseeing that final and irrevo- Passing over the fact that the Declaration on the Funda- cable judicial decisions might be challenged with appeal in mental Principles of Justice in Connection with the Vic- annulment, the text of the law has no imperative charac- tims of the Abuse of Power, adopted by the Resolution No. ter, and, therefore, adds nothing to the common law regu- 46/34 of the General Assembly of UNO, cannot be includ- lation. ed, on account of its recommendation character, among The assumption that, by such a text, it would be intend- the international regulations considered by Article 20 ed a suggestion for a certain orientation of practice in that under the Constitution, we must, moreover, find, even out- matter is excessive, having a political character. side the questions with regard to the non-retroactivity of Reference in a law to the provisions of another law in the constitutional provisions mentioned above, that the force is, moreover, a common procedure in the legislative question reduces, in the last analysis, to the granting of technique, widely used in our legislation, and this fact can- indemnities and to their character, aspects under which not be, under any aspect, contrary to the constitutional the objections included in the notifications received do not rules and principles. justify the conclusion that the law would deviate from the On the other hand, the constitutionality of the provi- international rules in the matter. Indeed, one could not sions of the Code of Civil Procedure is not a question sustain that the mode of granting indemnities and their which might be discussed and solved by the Constitutional quantum Ñ such as they are established by law Ñ would Court on the occasion of the examination of unconstitu- not be reasonable or would violate principles of social jus- tionality of the law to which the notifications refer, be- tice in relation with the social realities in Romania and cause such an examination would exceed the limits of the with the existing economic possibilities. CourtÕs competence, such as they are established by Article 12. As to the notification addressed by the group of 144, subparagraph a) under the Constitution, which exclu- Senators, by which it is asserted that, in fact, in favour of sively refer to the adopted law, before promulgation. the law only 68 or 69 members of the Senate voted Ñ 11. Objections with reference to the unconstitutionality whilst for the adoption of the law the number of necessary of some texts of the law, which would violate the provi- votes ÒforÓ was of 72 Ñ, this is to be rejected. sions under Article 20 of the Constitution cannot be ac- Indeed, the notification considers a situation whose cepted. appreciation, within the framework of the adoption proce-
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dure for laws in the Senate, exclusively belongs to its Chambers were admitted, text by text, by the Chamber of members and cannot form an object of the constitution- Deputies, within the debates occasioned by the examina- ality control effected by the Constitutional Court. tion of the mediation committeeÕs report, as it results from As it results from the shorthand record of the debates the shorthand record of the sitting held on June 27, 1995. in the SenateÕs sitting held on June 20, 1994, the question But the mediation committeeÕs proposals thus accepted forming the object of the notification was raised and de- did nothing else but to record the conciliation of each bated in the respective sitting, without being found irregu- divergency. The acceptation, after debates, of these propos- larities in the application of the procedural rules on the als could not mean, in substance, anything but the fact occasion of the adoption of the law. that the divergencies were eliminated one after another. Under these conditions, the unconstitutionality objec- The fact that, in the end, the mediation committeeÕs report tion is groundless, as the law was adopted by observing was approved by a majority which was not the absolute the provisions of the Constitution. one cannot lead to the conclusion that the divergencies 13. The notification of the group of Deputies invokes persist, as if the committeeÕs report had not existed; such a the violation of the provisions under Article 76, paragraph conclusion would contradict the successive decisions taken (2) of the Constitution and equally under Article 54 under according to regulation, by vote, by the Chamber of the Standing Orders of the joint sittings of the two Deputies for the approval of each proposal included in the Chambers. It is considered the fact that, since the report of mediation report, aiming at the conciliation of all diver- the mediation committee, which had been adopted by the gencies. And Article 10 under the draft law, remained in Senate Ñ except Article 10 under the draft of the law Ñ, divergence, was discussed and adopted in the joint sitting did not obtain, after the debate, the necessary number of of the two Chambers. votes at the Chamber of Deputies, in the joint sitting of In reality, the fact that the Chamber of DeputiesÕ abso- the Chambers held on June 25, 1995, there were subjected lute majority was not obtained cannot lead to the conclu- to the debate only the provisions of Article 10 (voted by sion of reviving the divergencies which were previously the Senate in its own drafting, although the mediation conciliated by the approval of mediation proposals both in committee had proposed for the voting the text of the Senate and in the Chamber of Deputies. Chamber of Deputies). Such being the case, the taking by the two ChambersÕ The unconstitutionality objection is to be examined plenum of the decision to put to the vote the mediation in the light of the Constitutional CourtÕs Decision report (being subjected to the debate only the provisions No. 62/1995 with regard to the constitutionality of the Law under Article 10 of the law), according to the approved on the acceleration of the privatization process, a law which agenda, cannot be considered unconstitutional, as long as passed through the same parliamentary procedures as the this is appropriate to the purpose and reason for which law whose constitutionality is contested, with the difference the joint sitting was convened. that these procedures were carried out at the Senate. Hence, the unconstitutionality objection is to be re- In the terms of the examination made in the decision jected. mentioned above, it must be found that Ñ except the situa- Taking into account the reasons set out and on the tion of Article 10 from the draft of the law, whose content grounds of the provisions under Article 15, paragraph (2), was debated in the joint sitting of the two Chambers Ñ the Article 16, paragraph (1), Article 17, Article 18, paragraph rejection of the mediation report by the Chamber of (1), Article 20, Article 21, Article 25, Article 41, paragraphs Deputies is not real. (1)Ð(5) and (7), Article 42, Article 49, Article 54, Article 74, Indeed, all the proposals of the mediation committee paragraph (1), Article 76, paragraph (2), Article 125, aiming at the elimination of the divergencies between the paragraph (1), Article 128, Article 135, paragraph (6),
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Article 144, subparagraph a), and Article 150 under the METHODOLOGICAL NORMS Constitution, as well as of the provisions under Article 20, with reference to the application of the Law paragraphs (2) and (3) of the Law No. 47/1992, No. 112/1995 on the settlement of the legal THE CONSTITUTIONAL COURT condition of some buildings designed for dwelling purposes, passed into State property* in the name of the law
DECIDES: 1. It ascertains that the notification of the group of CHAPTER I 50 Deputies forming the object of the File No. 106 A/1995 On the content of some notions was made disregarding the provisions of Article 144, sub- Art. 1. Ñ (1) There shall benefit by the remedial mea- paragraph a) under the Constitution, as the Constitutional sures provided under the Law No. 112/1995 only the natural Court was not lawfully notified in order to be able to pro- persons who are former owners of buildings designed for nounce itself on the unconstitutionality objections includ- dwelling purposes, passed as such into the property of ed in this notification. State or of other legal persons, after March 6, 1945, with 2. It ascertains that the Law on the settlement of the title, and which were in State possession or in that of legal condition of some buildings designed for dwelling other legal persons on December 22, 1989, as well as their purposes, passed into State property, was adopted by heirs, in accordance with the law. observing the provisions under Article 74, paragraph (1) (2) Buildings designed for dwelling purposes passed as and of Article 76, paragraph (2) under the Constitution. such into State property, with title, are those buildings 3. It ascertains that Article 1 Ñ except the provisions which were taken over as dwellings into State property under paragraph 1 with reference to dwellings passed, on the grounds of a legal provision in force at the respec- without title, into State property Ñ, Article 2, paragraph 1, tive date, such as: the Decree No. 92/1950, the Decree Article 9, paragraph 1, Article 13, paragraph 2, and Article No. 142/1952, the Decree No. 111/1951, the Decree 24 under the same law are constitutional. No. 218/1960, the Decree No. 712/1966, the Law 4. It ascertains that the specification Òwithout titleÓ No. 4/1973, the Decree No. 223/1974, as well as other simi- under Article 1, paragraph 1, as well as the condition of lar statutory acts, including also decisions of the former establishment of domicile in the country, provided under Article 4 of the law, are unconstitutional. Council of Ministers or of the Government. 5. The Decision shall be communicated to the President (3) Dwellings that have been taken over by State in fact, of Romania, to the president of the Chamber of Deputies, under conditions of non-existence of a legal regulation and to the president of the Senate, and shall be published representing the legal grounds for the constitution of in the ÒMonitorul OficialÓ (Official Gazette of Romania), StateÕs property right, shall be considered as having been Part I. passed into State property, without title, and shall not come under the incidence of the Law No. 112/1995.
* The Methodological Norms with reference to the application of the Law No. 112/1995 on the settlement of the legal condition of some build- ings designed for dwelling purposes, passed into State property were approved through the Decision of Government No. 20/January 17, 1996, published in the ÒMonitorul OficialÓ (Official Gazette of Romania), Part I, No. 16/January 23, 1996.
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Art. 2. Ñ In the sense of the stipulations under Article 4 ing to the accounts existing at the local public administra- of the law, from its provisions there shall benefit tion authorities or at the specialized units which managed Romanian citizens, both those whose domicile or resi- them. dence is in the country, and those whose domicile or resi- Art. 8. Ñ (1) Dwellings declared as historical monuments dence is abroad. The quality of Romanian citizen must or belonging to the national patrimony shall be those on exist at the date of coming into force of the law. record at the Ministry of Culture and/or at its decentral- Art. 3. Ñ Relatives up to the second degree, provided by ized public services, which shall be obliged to certify this the stipulations under Article 5, paragraph 5, Article 6, fact. paragraph 2, Article 7, paragraph 4, Article 13, paragraph (2) Whenever the units specialized in the sale of dwell- 3, and Article 16, paragraph 3 of the law, shall be: ings under the terms of the Law No. 112/1995 have indica- a) in straight line: parents and children (the first tions that the dwelling solicited may belong to the class of degree); grandparents and grandchildren (the second dwellings excepted from sale, they shall have the obliga- degree); b) in collateral line: brothers and sisters. tion to request specifications from the competent public Art. 4. Ñ In the sense of the provisions under Article 9, administration authority. paragraph 4 of the law, by young married couples shall be Art. 9. Ñ (1) Residences assigned for use to former and understood the situation in which neither of the spouses present dignitaries shall be the dwellings that were or are exceeded thirty years of age at the date the buying option assigned with this destination over the period of the digni- was expressed, and by persons over sixty years of age shall taryÕs office. These shall be established by the selling units be considered only the title holders of lease contracts who on the basis of mentions in the lease contract, or, in their reached that age before the date when they may express absence, on the basis of the accounts existing at the local their option, according to the law, to purchase by instal- or central public administration authorities, or at the spe- ments the flats in which they are living. cialized units for the administration of buildings, or at Art. 5. Ñ According to Article 9, paragraph 5 under the other legal persons which managed them. law, the commission due to the specialized units which (2) This class does not include housing rooms assigned assess and sell flats shall be of 1 % of the value of the flat, as permanent dwelling with lease contract. and shall be cashed by them only after the conclusion of the selling contract. CHAPTER II Art. 6. Ñ There shall be excepted from selling, according On the estimation criteria and methodology to Article 10 under the law, the flats which, at the date of of flats and their annexed dependencies coming into force of the law, had one or more special endowments, such as: swimming pool, sauna, hothouse, Art. 10. Ñ The following dwelling classes shall form the wine cellar, bar, wine collection, or refrigerating room, object of restitution in kind, of indemnification, or of the even if these are no longer in operating condition or are sale-purchase, as the case may be: non-utilizable. a) dwellings built from State funds before January 1, Art. 7. Ñ There shall enter under the incidence of the 1977 and after January 1, 1977, subsequently bought as exception provided under Article 10, paragraph 2 of the private property dwellings and then passed into State pro- law the dwellings which, up to December 22, 1989, were perty; used as guest-houses or protocol-houses, as well as those b) dwellings built from populationÕs funds with State which, after this date, up to the coming into force of the support in form of credits and execution, and subsequent- law, were used as guest-houses or protocol-houses, accord- ly passed into State property;
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c) dwellings built from other funds than those of State c) by useful area of a dwelling shall be understood the and subsequently passed into State property. area of all rooms forming the respective dwelling. It shall Art. 11. Ñ The value of the indemnities granted to for- include living rooms, bedrooms, baths, kitchens, WC and mer owners and to their heirs for flats unrestored in kind, shower rooms, storage rooms and circulation corridors the value of flats restored in kind, as well as the selling within the dwelling. There shall not be included in the price, as the case may be, shall be determined in the same useful area of the dwelling: the thresholds of door voids way and on the grounds of the same norms, with the spec- and passages with openings up to 1 m, hot-water radiator ification that in the case of indemnities the calculation recesses, as well as the area occupied by stoves and water shall include also the value of the grounds, determined heaters (0.50 m2 for each stove and water heater), in case according to the Criteria No. 2665/1C/311 of February 28, heating is made by stoves. In the case of duplex dwellings, 1992 with regard to the estimation and establishment of the banisters, less the landings, shall not be included in the land from the patrimony of trading companies with the useful area of the dwelling; State capital, with subsequent supplements, elaborated by d) areas occupied by built-in cupboards, located with- the Ministry of Finance and the Ministry of Public Works in the flat, shall be taken into consideration as useful and Territorial Planning. areas; Art. 12. Ñ (1) The indemnity value, the value of the flats e) to the useful area there shall be added the areas of restored in kind, or the selling price of the flats, as the the loggias and balconies, corrected by a coefficient of case may be, shall be determined on the basis of the pro- 0.35 applied to their area. In the case of flats built after January 1, 1977 and which form the object of the Law visions of the Decree No. 93/1977, as modified by Article No. 112/1995, loggias and balconies with a total area of up III under the Decree No. 256/1984, of the Decree-Law to 2.50 m2 per flat shall not be a part of the useful area, No. 61/1990, and of the Law No. 85/1992, republished, being included in the selling prices, and if this area is big- taking into account: the type of the flat, useful area, height ger than 2.50 m2, the area difference shall be multiplied regime, technical condition, endowment, finishing degree, by the coefficient of 0.35 and added to the useful area of age of construction, wear degree, and other construction the dwelling; elements of the flats provided in the above-mentioned f) useful areas of the dependencies of the flats situated statutory acts. in basements, semi-basements or attics, of the terraces, (2) After the submission of the applications, under the basement closets, garages, and of other exterior dependen- terms of the law, by the persons entitled to restitution of cies, as well as the length of fences, etc. shall be recorded flats in kind, or to the granting of indemnities, as the case separately (as they have other prices); may be, steps shall be taken to establish the value of the g) in the case of buildings with flats having access from respective dwellings and of their dependencies, according the exterior, where no built areas within the building are to the present methodological norms, as follows: used jointly, the useful area shall also include the circula- a) the useful area of the flat shall be determined on the tion corridors belonging to the flat which is estimated, basis of measurements made on the spot by specialized minus the banisters. technical commissions, using also the elements in the Art. 13. Ñ In order to establish the indemnity value, the archives existing at the trading companies and/or value of flats restored in kind, or the selling price of the specialized units; flat, as the case may be, for dwellings initially built from b) measurements shall be made on the basis of the State funds, subsequently bought as private property inner dimensions between the plastered walls, measured dwellings and then passed into State property, as well as at a height of 1 m from the level of the floor; for flats built from populationÕs funds with State support
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in form of credits and execution, passed into State pro- one or the other of the two finishing degrees, by motivat- perty, and which form the object of the Law No. 112/1995, ing the framing, and the comfort degree shall be establish- there shall be used the norms provided under the Decree- ed according to the useful area. Law No. 61/1990 (Appendix No. 1 and Appendix No. 2), (3) In case that, in flats of the type provided under depending on the date of their achievement, before or Article 14 of the present methodological norms, there are after January 1, 1977, with the supplements provided elements exceeding the characteristics of the superior under Article 16 of the Law No. 85/1992, republished. finishing degree considered in the norms (interior wooden Art. 14. Ñ For the estimation of dwellings other than staircases of superior quality essences or covered with those built from State funds or from populationÕs funds marble, decorative fireplaces, richly decorated ceilings, and with State support in form of credits and execution, other similar elements), there shall be added to the value there shall be used prices per m2 of useful area and the resulted from application of the unit prices in Table No. 1 norms provided under the Decree No. 93/1977, as modi- of Appendix No. 4 under the Decree No. 256/1984 the fied by Article III items 1 and 2, respectively, in Table value of these elements, determined on the basis of esti- No. 1 of Appendix No. 4 under the Decree No. 256/1984, mates, according to the price catalogues type RpC (con- and for their household dependencies there shall be struction repairs) population Ñ 1982 series. used the norms from Table No. 7 of Appendix No. 4 to (4) Particular ornamental and art elements (veneered the same decree. doors, sculptured or mosaic woodwork or intarsia, wain- Art. 15. Art. 15. Ñ Grounds shall be estimated on the basis of scoted rooms, built-in furniture, sculptures, tapestries, the Criteria No. 2665/1C/311 of February 28, 1992, with paintings, frescoes, stained-glass windows and other such subsequent supplements, elaborated by the Ministry of elements) shall be separately estimated. Finance and the Ministry of Public Works and Territorial Art. 18. Ñ The value of the lift, in the case of dwellings Planning, both for the flats provided under Article 13, and provided under Article 14 under the present methodo- for those provided under Article 14 of the present method- ological norms. logical norms, established on the basis of the wear and Art. 16. Ñ For the existence or lack of some installations replacement value, shall be divided proportionally to each or construction elements, or for cases in which the dwell- flat, in comparison with its useful area, and shall be taken ings or parts of them are situated in semi-basement or into consideration at the determination of the price of flat. attic, there shall be applied the correction terms provided Art. 19. Ñ The floor correction provided in Tables Nos. 2 in Table No. 2 of Appendix No. 4 under the Decree and 3 of Appendix No. 2 under the Decree-Law No. 61/1990 No. 256/1984, or, as the case may be, in Tables Nos. 1 and 2 shall be applied depending on the storey on which the of Appendixes Nos. 1 and 2 under the Decree-Law No. 61/1990, dwelling is situated. with the supplements provided under Article 16 of the Art. 20. Ñ (1) For the dwellings provided under Article Law No. 85/1992, republished. 14 of the present methodological norms, there shall be Art. 17. Ñ (1) The finishing degree of dwellings may be applied to the replacement value the coefficient of wear in superior or inferior, having the characteristic elements time provided in Table No. 3 of Appendix No. 2 under the provided in Table No. 5 of Appendix No. 2 under the Decree No. 93/1977 corresponding to the age, group to Decree No. 93/1977 and, respectively, the comfort degrees which the building belongs and its technical condition. provided under Appendixes Nos. 1 and 2 to the Decree- (2) The building groups are provided in the note to Law No. 61/1990. Table No. 3 of Appendix No. 2 under the Decree No. 93/1977, (2) Framing into a finishing degree shall be made and the technical condition, in Table No. 6 of Appendix depending on the predominant characteristic elements of No. 2 under the same decree.
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(3) For the household dependencies, the wear coeffi- Ministry of Public Works and Territorial Planning or of cients shall be those provided in Table No. 8 of Appendix the former National Commission on Urbanism and No. 2 under the Decree No. 93/1977. Territorial Planning, with a view to the sale of the dwell- Art. 21. Ñ For the dwellings provided under Article 13 ings built from State funds. of the present methodological norms, the coefficient of Art. 26. Ñ The value resulted by applying the estimation wear in time provided in Table No. 2 of Appendix No. 1 norms provided under the Decree No. 93/1977, the Decree under the Decree-Law No. 61/1990 shall be applied. No. 256/1984 (Article III on modification of the Decree Art. 22. Ñ (1) The age of the construction shall be estab- No. 93/1977), the Decree-Law No. 61/1990, and the Law lished on the basis of the building permit, of the deeds No. 85/1992, republished, depending on the strength struc- issued by financial administration offices with regard to ture and materials used, the height regime, finishing registration in fiscal rolls, or of any other deed in which degree, technical maintenance situation, type of heating, there are recorded data with regard to the age of the re- additional endowments, storey at which the dwelling is spective building. situated, wear degree, as well as all the other criteria pro- (2) In the absence of the deeds provided under para- vided in the present methodological norms, shall be at the graph (1), the age shall be established on the spot, particu- price level in force on January 1, 1990. larly on the basis of possible inscriptions on the building Art. 27. Ñ In order to establish the value of the indem- or testimonies. nities to be granted to the former owners and their heirs Art. 23. Ñ In the case of flats wholly or partly achieved for flats unrestored in kind, the value of flats restored in by extension at horizontal level, in applying the coeffi- kind, as well as the selling price, as the case may be, the cients of wear in time the age corresponding to parts of price level on January 1, 1990, determined according to the building shall be taken into consideration. As for pent- the present methodological norms, shall be multiplied by houses, it shall be considered that their age is equal to the the actualization coefficient depending on the increase of average of the consumed duration of the two parts, the the gross average wage income on the economy from the new and the old one, of the building. last month of the quarter prior to the payment of indem- Art. 24. Ñ The value established according to Article 12 nity or purchase of dwelling, as against those existing in of the present methodological norms shall not include the January 1990. corresponding quota from the total of the capital repairs Art. 28. Ñ The National Statistics Commission, through made to the building in which the dwelling is situated, as its territorial directorates, shall quarterly inform, with well as other repairs made in the course of time, for the priority, the trading companies and units specialized in purpose of conserving and maintaining the building in the sale of buildings, the local and county councils quali- habitable condition over its existence. fied to apply the Law No. 112/1995, of the increase coeffi- Art. 25. Ñ (1) The prices of dwellings and household cient for the gross average wage income on the economy dependencies, determined in the terms provided under in the last month of the expired quarter against those the previous articles, shall be maintained or differentiated achieved in January 1990. by ± 10 %, depending on the location of dwellings within Art. 29. Ñ (1) The sale of flats in the terms of the Law localities, on the grounds of the criteria provided under No. 112/1995 shall be made by the trading companies item 13 of Appendix No. 2 to the Decree-Law No. 61/1990. and/or units specialized in the sale of dwellings or which (2) The localitiesÕ division into zones shall be that estab- manage the dwellings, existing at the date of the coming lished by the county councils, respectively by the Council into force of the law. of the Ilfov Agricultural District and by the Council of the (2) The units provided under the previous paragraph Municipality of Bucureºti, with the approval of the shall follow up the cashing of the appertaining instal-
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ments and interests, established according to the law, and CHAPTER III shall carry out their activity over the whole necessary On the constitution and utilization period. of the Extrabudgetary Fund according Art. 30. Ñ The value of the indemnities granted, accord- to the Law No. 112/1995 ing to the law, to the former owners or their heirs for Art. 35. Ñ (1) On the grounds of the provisions of Article garages, as well as the selling price of the garages shall be 13 under the law, there shall be constituted, at the disposal those established in conformity with the provisions of of the Ministry of Finance, the Extrabudgetary Fund accord- Article 4 under the Law No. 85/1992, republished. ing to the Law No. 112/1995 from the following sources: Art. 31. Ñ In the case of flats inhabited by several a) sums obtained from the sale of flats which were not tenants, regardless of whether, subsequent to the transfer restored in kind, after deducting the 1 % commission from into State property, structural construction modifications the value of the flats, including also the penalties transfer- were carried out or not, for the sale of flat to the actual red for failure to pay on schedule the sums obtained from title holders of the lease contracts, with their agreement, the sale of flats; the value of the whole flat shall be established and then b) sums obtained by granting State loans with this des- the severalty quota corresponding to each future owner tination, in the terms provided under the Law No. 91/1993 shall be calculated in proportion to the useful area used on the public debt. exclusively. (2) The constitution and utilization of the Extra- Art. 32. Ñ In cases of indemnification of the former budgetary Fund according to the Law No. 112/1995 shall owners and their heirs, there shall be added to the values be effected from the following accounts: calculated according to the provisions under the present a) account 50.21 ÒAvailable from the Extrabudgetary methodological norms, for constructions (flats, household Fund According to the Law No. 112/1995Ò, opened at the State treasuries (municipal and town treasuries and tax dependencies and garages), the value of the correspond- inspectorÕs offices) on the score of the county general ing grounds, established on the basis of the Criteria direction of public finance and State audit; No. 2665/1C/311 of February 28, 1992, with subsequent b) account 64.74 ÒAvailable from the Extrabudgetary supplements, elaborated by the Ministry of Finance and Fund According to the Law No. 112/1995Ò, opened in the Ministry of Public Works and Territorial Planning. Mehedinþi County, the Municipality of Bucureºti, and the Art. 33. Ñ In situations of sale to the tenants of the flats Ilfov Agricultural District (in which there are not operating and, if such be the case, of the household dependencies State treasuries), at the units of the Romanian Commercial and of the corresponding garages, the property right shall Bank Ñ SA, on the score of the general directions of public be also acquired for the ground situated under these con- finance and State audit, respectively of the financial ad- structions, in the terms of Article 35, paragraph 2 under ministration offices, in the case of the Ilfov Agricultural the Law No. 18/1991. District, as the case may be; Art. 34. Ñ There shall not form the object of indemnifi- c) account 64.74 ÒAvailable from the Extrabudgetary cation of the former owners or of sale to the title holders Fund According to the Law No. 112/1995Ò, opened at the of lease contracts the spaces with different destination Headquarters of the National Bank of Romania, on the (commercial spaces, workshops, etc.), existing in the build- score of the Ministry of Finance. ings coming under the incidence of the Law No. 112/1995, Art. 36. Ñ (1) The Extrabudgetary Fund constituted on if they had not been used as dwellings at the date of trans- the basis of the Law No. 112/1995, collected in the avail- fer into State property. able accounts mentioned under Article 35, shall be used
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for covering expenses of the nature and in the order pro- the case may be, providing the approved indemnities, the vided under Article 13 of the Law No. 112/1995. county general directions of public finance and State (2) Commitment to and payment of expenses for the audit, through the Direction of Treasury, shall transfer the construction of dwellings to be preemptively distributed to sums approved as indemnities, from the extrabudgetary tenants in the situation provided under Article 5, para- account according to the Law No. 112/1995, opened at the graph 3 of the Law No. 112/1995 shall be made only after municipality seat treasury or at the unit of the Romanian payment of all indemnities, repayment of loans, and after Commercial Bank Ñ SA, to the account indicated by the payment of costs relating to the respective loans. beneficiary of indemnity, opened at a commercial bank or Art. 37. Ñ (1) Specialized units, which estimate and sell at the Savings and Loan Bank, as the case may be; flats making the object of the Law No. 112/1995, shall have b) if, at county level, the sum of the approved indemni- the obligation to cash their equivalent value from the ties is bigger than the sums cashed from the sale of flats, buyer, to retain the 1 % commission, according to Article 13, the county general direction of public finance and State subparagraph a) of the above-mentioned law, and to trans- audit shall forward an application to the Ministry of fer the remaining sum, within 3 working days, to account Finance for feeding the account of the Extrabudgetary 50.21, opened at the State treasury in the locality of the Fund according to the Law No. 112/1995, which shall sellerÕs seat, or to account 64.74, opened at the units of the include the following data: sums cashed from the sale of Romanian Commercial Bank Ñ SA, as the case may be. flats, sums transferred as indemnities, financially uncover- (2) On the back of the payment order, the seller shall ed indemnities, sums required to be transferred by redis- mention: the sum cashed from the sale of flats, the sum tribution. retained, representing the 1 % commission, as well as the Art. 39. Ñ (1) In order to ensure the financial resources remaining sum transferred to the account of the Extra- appertaining to the payment of indemnities in all coun- budgetary Fund according to the Law No. 112/1995; the 1 % ties, in the Municipality of Bucureºti and in the Ilfov commission shall be calculated and retained at each cash- Agricultural District, the Ministry of Finance shall be au- ing made on account of the flat sold Ñ full or partial pay- thorized to proceed as follows: ment, or instalment, less the interest. a) on the strength of the follow-through of the execution (3) Non-observance of the term of transfer entails the of the Extrabudgetary Fund according to the Law application of the delay penalties provided by law, as in No. 112/1995 by counties, in the Municipality of Bucureºti the case of State revenues. and in the Ilfov Agricultural District, it shall analyze the (4) Sums cashed in account 50.21 shall be transferred constitution and utilization of the respective fund, and, in by municipal and town treasuries and by the tax inspec- case in some counties, in the Municipality of Bucureºti or torÕs offices to the same account opened at the municipal- in the Ilfov Agricultural District there shall result greater ity seat treasury on the score of the general directions of sources than expenses, while in other counties, in the public finance and State audit. The same procedure shall Municipality of Bucureºti or in the Ilfov Agricultural be followed by the units of the Romanian Commercial District, supplementary fund requirements for covering Bank Ñ SA. the legally approved indemnities, there shall be withdrawn Art. 38. Ñ Payment of indemnities shall be effected by the existing supplementary available funds and shall be the general directions of public finance and State audit as fed the available accounts in which wanting resources follows: were recorded; a) on the grounds of decisions received from the com- b) in cases in which, from overall calculations made missions of counties, of the Municipality of Bucureºti and there shall result that the resources of the Extrabudgetary of the Ilfov Agricultural District, or of final court orders, as Fund according to the Law No. 112/1995 fail to cover full
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payment of indemnities and financing of the other ex- ors shall be the chairmen of the local commissions, and, in penses provided by law, the Ministry of Finance shall case they are objectively unable to exercise the office, the grant State loans according to the Law No. 91/1993 on the vice-mayors. Secretaries of the commissions shall be the public debt for financing the indemnities due to the for- secretaries of the local councils. The nominal proposals mer owners, as resulted from the application of the Law made by the local council shall be instantly transmitted to No. 112/1995. the prefect, under the mayorÕs signature. (2) State loans shall be recorded in the Ministry of (5) The prefect shall establish, by order, the nominal FinanceÕs account 64.74 ÒAvailable from the Extrabudgetary composition of each commission; in justified cases, he may Fund According to the Law No. 112/1995Ò, from which dispose the replacement of any of its members or solicit thereafter shall be fed the available accounts of this fund, the competent public authorities to take other measures of opened on the score of the county general directions of calling to account, in accordance with the provisions public finance and State audit, of the Municipality of under Article 18, paragraph 2 of the Law No. 112/1995, for Bucureºti, or on the score of the Financial Administration non-observance of the obligations incumbent upon them. Office of the Ilfov Agricultural District, as the case may be, (6) The local commission shall have the following main for payment of indemnities as well as for other expenses prerogatives: provided by law. a) to receive and record in a special register the applica- Art. 40. Ñ The general directions of public finance and tions and deeds provided by law; applications may be State audit and the Financial Administration Office of lodged personally or by proxy in possession of a special the Ilfov Agricultural District shall monthly report to power of attorney authenticated by a notary public; the Ministry of Finance on the execution of the b) to check if the deeds lodged are those provided by Extrabudgetary Fund according to the Law No. 112/1995, law; by the structure of the execution account appended as a c) to set up a separate file for each applicant and num- model to the present methodological norms (Appendix ber the deeds received; No. 3). d) to convey, within the legal term, to the county com- mission and, as applicable, to the Commission of the Municipality of Bucureºti or to the Commission of the CHAPTER IV Ilfov Agricultural District, the proposals, together with the On the organization and operation separate file, under the signature of the commissionÕs of commissions chairman; particular situations appearing at the reception Art. 41. Ñ (1) Local commissions, county commissions, of the deeds provided by law shall be examined and solved and technical specialized commissions shall be organized by commission, in presence of the majority of its members, in communes, towns, municipalities, and counties. these being recorded in a report which shall be forwarded, (2) Local commissions shall be organized in communes, together with the file, to the county commission; towns, municipalities, and districts of the Municipality of e) to inform periodically the local council on the exer- Bucureºti, in which there are dwellings forming the object cise of its prerogatives, presenting a report at the conclu- of the Law No. 112/1995. sion of activity. (3) Local commissions shall be composed of 3Ð5 mem- (7) The county commissions, the Commission of the bers in communes and 5Ð11 members in towns, municipal- Municipality of Bucureºti and the Commission of the Ilfov ities, and districts of the Municipality of Bucureºti. Agricultural District shall be organized on the basis of the (4) Local councils shall make nominal proposals with nominal proposal made by the county councils, the Local regard to the composition of local commissions. The may- Council of the Municipality of Bucureºti or the Local
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Methodological Norms/1996 Regulations on dwellings passed into State property
Council of the Ilfov Agricultural District, as the case may of the Ilfov Agricultural District, as well as the prefects on be. the exercise of prerogatives, and to present a report at the (8) The county commissions, the Commission of the conclusion of activity; Municipality of Bucureºti and the Commission of the Ilfov g) to set up a special register in which there shall be Agricultural District may constitute a technical secretariate recorded: full name of the person signing the application from among its members, which shall prepare the com- and his/her domicile; object of application; commissionÕs missionÕs necessary papers. decision; number and date of decision; natural and legal (9) The prefect shall establish, by order, the nominal persons to whom the decision was conveyed. composition of each commission; in justified cases, he may (11) The proceedings of county commissions, of the dispose the replacement of any of its members or solicit Commission of the Municipality of Bucureºti and the the competent public authorities to take other measures of Commission of the Ilfov Agricultural District shall be calling to account, in accordance with the provisions recorded in a report. Nominal mention shall be made, if under Article 18, paragraph 2 of the Law No. 112/1995, for such be the case, of the commissionÕs members who voted non-observance of the obligations incumbent upon them. against the adoption of decision, or of those who abstained (10) The county commissions, the Commission of the from voting, specifying the reasons advanced. Municipality of Bucureºti and the Commission of the Ilfov (12) Commissions at all levels shall be obliged to make Agricultural District shall exercise the following main pre- public the seat where proceedings are carried out. rogatives: (13) The estimation of flats shall be achieved by the tech- a) to receive the proposals and files set up to that end nical specialized commissions. The nominal composition by the local commissions; of the technical specialized commissions for estimating the b) to solicit or convey, as the case may be, in the situa- flats shall be established, by decision, by the county com- tions provided under Article 15, paragraph 4 of the Law missions, the Commission of the Municipality of Bucureºti No. 112/1995, the necessary information, the estimations carried out inclusive; and the Commission of the Ilfov Agricultural District. The c) to designate, by decision, the nominal composition of number of members in these commissions shall be of 3Ð5 the technical specialized commissions for the estimation of in communes and 5Ð9 in towns, municipalities, and dis- flats; tricts of the Municipality of Bucureºti. d) to analyze each application received, the validity of (14) The county commissions, the Commission of the the deeds presented, the estimation made by the technical Municipality of Bucureºti and the Commission of the Ilfov specialized commissions, and to decide, in each case, by a Agricultural District may organize several technical special- majority of votes of their members; ized commissions, in comparison with the volume of activ- e) to communicate the decisions within 5 days after ities. their adoption, under the chairmanÕs signature, to the en- (15) The chairman of the technical specialized commis- titled persons who made the application, provided under sion shall be a specialist in expertises, representative of Article 17, paragraph 1 of the Law No. 112/1995, and to the county council, the Local Council of the Municipality the legal persons holding the flats. The final decisions of Bucureºti and the Local Council of the Ilfov Agricultural shall be also communicated to the mayor of the locality District; the other members may be appointed from where the building is situated, as well as to the Ministry of among the specialists of public authorities and of selling FinanceÕs decentralized public services; units at local level. The technical specialized commissions f) to inform periodically the county council, the Local shall carry out the estimations in accordance with the Council of the Municipality of Bucureºti, the Local Council legal criteria included in the present norms.
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Methodological Norms/1996 Regulations on dwellings passed into State property
(16) The result of estimation shall be recorded in a Art. 46. Ñ Appendixes Nos. 1 and 2 on the estimation report signed by all members of the commission. The pos- criteria and methodology of flats and their annexed depen- sible objections of some members shall be presented in a dencies, as well as Appendix No. 3, a reference model of separate note. The report and note shall be forwarded the execution of the Extrabudgetary Fund according to the to the county commissions, the Commission of the Law No. 112/1995, shall be an integral part of the present Municipality of Bucureºti and the Commission of the Ilfov methodological norms. Agricultural District, as the case may be, under the chair- manÕs signature.
CHAPTER V Final provisions Art. 42. Ñ Persons benefiting by the provisions under the Law No. 112/1995 cannot be members of local com- missions, of county commissions, of the Commission of the Municipality of Bucureºti and of the Commission of the Ilfov Agricultural District, as well as of the technical specialized commissions. Art. 43. Ñ Members of the commissions mentioned under Article 42 shall carry out their activity within the framework of their service prerogatives. These commis- sions shall establish a special work schedule for them- selves so as to ensure the unfolding under optimum condi- tions of the prerogatives they have and their finalizing within the terms provided by law. Art. 44. Ñ The sums obtained from the sale of dwellings, representing full payments, advances, instalments, and interests, after deducting the 1 % commission from the value of dwellings, shall be constituted as the Extra- budgetary Fund according to the Law No. 112/1995, and shall be deposited with the decentralized public services of the Ministry of Finance, to be exclusively used for the payment of indemnities due to the former owners or their heirs, within the limit provided under the Law No. 112/1995. Art. 45. Ñ The prefects of counties, the prefect of the Municipality of Bucureºti and of the Ilfov Agricultural District, in collaboration with the chairmen of county councils and with the mayors shall establish adequate mea- sures for ensuring the conditions necessary to the commis- sionsÕ activity, as well as for briefing their members.
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Methodological Norms/1996 Regulations on dwellings passed into State property
No. 1 APPENDIX Ñ Calculation model Ñ Ñ Calculation g g g g ...... n n n n i i i i l l l l l l l l e e e e w w w w d d d d
f f f f o o o o condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition
s s s s c c c c i i i i t t t t s s s s i i i i r r r r e e e e t t t t c c c c a a a a r r r r a a a a h h h h of credits and execution C C C C ...... I......
...... TECHNICAL AND CALCULATION SLIP TECHNICAL AND ...... other than those built from State funds or with State support in form from State funds or with State other than those built ...... for dwellings and their annexed dependencies, existing in State property, their annexed dependencies, existing for dwellings and station serving the respective building exclusively, gas in stoves, wood-heated station serving the respective building exclusively, gas in ...... 5. Number of rooms of the dwelling ...... its own hot water 6. Heating system of the dwelling (zone or district heat station, 7. Age of the building in years: ...... (it shall be specified the document on whose basis the age was established) No. 1)] ...... 8. Type of dwelling [the Decree No. 256/1984 (Appendix No. 4, Table 9. Architectural renderings appended ...... (plan of situation, plan of current level) 2. Number of storeys of the building ...... 3. Number of dwellings within the building ...... are granted or which is 4. Storey at which it is situated the dwelling for which indemnities Ñ heating installations with a ...... Given the above elements, the condition of the dwelling is ...... Ñ stucco work Ñ paints Ñ ornaments and decorations Ñ warm flooring Ñ cold flooring Ñ sanitary installations Ñ electrical installations Ñ roof of Ñ floors of Ñ exterior woodwork Ñ interior woodwork Ñ exterior parget Ñ polishing plaster coat of Ñ wainscots Ñ masonry of Ñ framework of Ñ calcio vecchio Dwelling no...... from the building situated in ...... street, no...... in ...... street, from the building situated Dwelling no...... of dwelling is situated and description of the building in which the 1. Strength structure Ñ foundation of ves) heating sto to be sold ...... finishing degree. locality ...... and installations: construction elements
236 237 VOL 20-eng/bt 15/6/1998 11:35 Page 238 238 Methodological Norm II. Areas of dwelling and dependencies
1. Useful area of dwelling (measurement of the interior dimensions of rooms and calculation of useful areas accord- ing to Article 12 of the present methodological norms) m2...... 2. Useful area of the service room situated in basement, semi-basement, or attic s m2...... /1996 3. Useful area of the cellar and basement closets for the exclusive utilization of dwelling m2...... 4. Useful area of terrace resulted by retraction of dimensions m2...... 5. Useful area of garage m2...... 6. Constructions-dependencies (type, dimensions, age, and condition) ......
III. Estimation of dwelling
1. Replacement value of dwelling (cost/m2 corresponding to the building type, height regime, and finishing degree Ñ superior or inferior Ñ provided in Table No. 1 of Appendix No. 4 under the Decree No. 256/1984) ...... m2 x ...... lei/m2 = ...... lei. VOL 20-eng/bt 15/6/1998 11:35 Page 239
2. Replacement value
Ñ service room situated in basement, semi-basement, or attic (Table No. 1 of Appendix No. 4 under the Decree No. 256/1984) Ñ cellars, basement closets, in exclusive utilization (Table No. 1 of Appendix No. 4 under the Decree No. 256/1984) ...... m2 x ...... lei/m2 = ...... lei
Ñ terrace resulted by retraction of dimensions (Table No. 1 of Appendix No. 4 under the Regulations on dwellings passed into State property Decree No. 256/1984) ...... m2 x ...... lei/m2 = ...... lei
TOTAL CHAPTER I Ñ DWELLINGS AND DEPENDENCIES: ...... lei. To be added or subtracted, for the existence or lack of some installations or construction elements (Table No. 2 of Appendix No. 4 under the Decree No. 256/1984). A. To be added: Ñ central heating ...... m2 x ...... lei/m2 = ...... lei Ñ construction and equipment of hot water heating station ...... m2 x ...... lei/m2 = ...... lei Ñ heating with gas in stoves ...... m2 x ...... lei/m2 = ...... lei
239 Ñ window shutters ...... m2 x ...... lei/m2 = ...... lei VOL 20-eng/bt 15/6/1998 11:35 Page 240 240 Methodological Norm Ñ value of special elements exceeding the characteristics of the superior finishing degree (evaluated on the basis of estimates by the technical specialized commission) ...... lei. B. To be subtracted: Ñ roofing made of bituminized cardboard, splinter, tile of wood, reed, or straw ...... m2 x ...... lei/m2 = ...... lei Ñ lack of some installations: Ñ bath tub ...... lei/piece ...... lei s
Ñ washstand ...... lei/piece ...... lei /1996 Ñ kitchen sink ...... lei/piece ...... lei Ñ lack of exterior parget ...... m2 x ...... lei/m2 = ...... lei Ñ lack of foundations ...... m2 x ...... lei/m2 = ...... lei Ñ mud floor ...... m2 x ...... lei/m2 = ...... lei
TOTAL CHAPTER II Ñ DWELLINGS AND DEPENDENCIES: ...... lei. 3. Level correction (Tables Nos. 2 and 3 of Appendix No. 2 under the Decree-Law No. 61/1990) ...... lei x ...... = ...... lei.
TOTAL: ...... lei 4. Application of the coefficient of wear in time (Table No. 3 of Appendix No. 2 under the Decree No. 93/1977) ...... lei x ...... = ...... lei. VOL 20-eng/bt 15/6/1998 11:35 Page 241
5. Lift quota ...... lei x ...... = ...... lei.
TOTAL CHAPTER III: ...... lei.
IV. Value of art works and ornaments Regulations on dwellings passed into State property Estimated by specialists Ñ calculation method shall be appended
TOTAL CHAPTER IV: ...... lei.
V. Estimation of the dependencies of dwellings
(Table No. 7 of Appendix No. 4 under the Decree No. 256/1984 and for wear, Table No. 8 of Appendix No. 2 under the Decree No. 93/1977)
ESTIMATION TOTAL CHAPTER V: ...... lei.
VI. Dwellings and dependencies general total
VII. Maintenance or differentiation by ± 10 % of the price of flat and of its annexed depen- dencies, established according to the previous paragraph depending on the location of buildings within localities, in conformity with the provisions of Article 25 under the present norms. 241 VIII. The total provided under Chapter VII shall be obtained at the level existing on January 1, 1990. VOL 20-eng/bt 15/6/1998 11:35 Page 242 242 Methodological Norm This shall be multiplied by the actualization coefficient depending on the increase of the gross average wage income from the last month of the expired quarter prior to the payment or purchase of dwelling, as against the one existing in January 1990, in accordance with the data provided by the National Statistics Commission through its territorial directorates (Article 27 under the present methodological norms). IX. The value of the garage shall be added, as established according to the provisions under Article 4 of the Law No. 85/1992, republished. X. In the case of indemnification of the former owners and their heirs, the value of the cor-
responding grounds shall be added, established on the basis of the Criteria with regard to the s estimation and establishment of the land from the patrimony of trading companies with State /1996 capital No. 2665/1C/311 of February 28, 1992, with subsequent supplements, elaborated by the Ministry of Finance and the Ministry of Public Works and Territorial Planning. XI. The price thus obtained shall be multiplied by the actualization coefficient depending on the increase of the gross average wage income from the last month of the expired quarter prior to the payment as against the one existing on February 28, 1992, in conformity with the data provided by the National Statistics Commission through its territorial directorates.
APPENDIX No. 2 Ñ Calculation model Ñ
TECHNICAL AND CALCULATION SLIP for dwellings in State property, initially built from State funds, subsequently bought as private property dwellings and then passed into State property, as well as those built with State support in form of credits and execution
Date of calculation (day, month, year) ...... Locality ...... district (county) ...... Unit ...... VOL 20-eng/bt 15/6/1998 11:35 Page 243
Street ...... no...... Block ...... Flat ......
I. Characteristics of dwelling 1. Building taken over on: a) ...... (day, month, year for buildings taken over before January 1, 1977 or for those
designed and begun before January 1, 1977 and taken over up to December 31, 1989). Regulations on dwellings passed into State property There results an age (years) of ...... b) ...... (day, month, year for those begun after January 1, 1977 and taken over up to December 31, 1989). There results an age (years) of ...... 2. a) Comfort degree (for dwellings provided in buildings according to item I.1.a) above)...... (according to Table No. 1 of Appendix No. 1 under the Decree-Law No. 61/1990). b) Size type (for dwellings provided in buildings according to item I.1.b) above)...... (according to Table No. 1 of Appendix No. 2 under the Decree-Law No. 61/1990). 3. Number of rooms of the dwelling ...... 4. Useful area of the dwelling ...... m2 (calculated according to Article 12, paragraph (2) under the methodological norms). 5. Area of loggias and balconies of the dwelling ...... m2 (it shall be corrected with the coefficient 0.35, according to Article 12, paragraph (2) under the methodological norms and added to the useful area). 6. Number of storeys of the building (to be completed: ground floor, GF + ...... floors, GF + semi-basement + ...... floors, or GF + ...... floors + attic). 7. Storey at which the building is situated ...... 243 8. Seismic degree of the zone where the building is located or that considered at the date the building was erected ...... VOL 20-eng/bt 15/6/1998 11:35 Page 244 244 Methodological Norm 9. Heating system of the building: ...... (central heating station, its own hot water heat- ing station serving the building exclusively, or stoves with gas or with solid fuel). 10. Improvements of the dwelling and of the building: a) ...... (exterior metal joinery, metal door cases at interior doors or wooden window roller blinds (shutters) Ñ for dwellings provided in buildings, according to item I.1.a) above); b) ...... (architectural plastic art and improved exterior finishings, metal or plastic joinery, metal door cases at interior doors Ñ for dwellings provided in buildings, according to item I.1.b) above). 2 11. Useful area of basement closet: ...... m . s 12. Useful area of garage: ...... m2. /1996 13. Interior finishings, superior or inferior to those provided in Table No. 4 of Appendix No. 2 under the Decree-Law No. 61/1990: ...... If the interior finishings were achieved by the tenant from his/her own funds and without compensation of owed rent, their equivalent value shall not be included in the price of the dwell- ing. 14. Length of the fence of the building to which the dwelling belongs: ...... m. Useful area of the dwelling ...... m2 15. = 0...... Total useful area of the building ...... m2 There results the quota of the fence, which is equal to the quota of property on the com- mon parts. 16. Characteristics of the fencing: ...... (made of wood, masonry and concrete, according to Table No. 2 of Appendix No. 1 under the Decree-Law No. 61/1990). 17. Household dependencies: ...... 18. Location of the building to which the dwelling belongs, within the locality: ...... (according to the localityÕs division into zones as established by the county council, the Local Council of the Municipality of Bucureºti, or the Local Council of the Ilfov Agricultural VOL 20-eng/bt 15/6/1998 11:35 Page 245
District, as the case may be, on the basis of the criteria provided at item 13 of Appendix No. 2 under the Decree-Law No. 61/1990, approved by the Ministry of Public Works and Territorial Planning or by the former National Commission on Urbanism and Territorial Planning).
II. Calculation of the price of dwelling 1. Price of dwelling: a) ...... lei (for dwellings provided in buildings, according to item I.1.a), on the basis of
Table No. 1 of Appendix No. 1 under the Decree-Law No. 61/1990 Ñ depending on the comfort Regulations on dwellings passed into State property degree, number of rooms, and useful area); b) ...... lei (for dwellings provided in buildings, according to item I.1.b), on the basis of Table No. 1 of Appendix No. 2 under the Decree-Law No. 61/1990 Ñ depending on the number of rooms, size type, and useful area). 2. Price increase/decrease resulted from the difference of useful area of the dwelling, as against the useful area provided in Table No. 1 of Appendix No. 1 under the Decree-Law No. 61/1990, for dwellings with enhanced comfort, and comfort I and II, as well as in compari- son with the useful area provided in Table No. 1 of Appendix No. 2 under the Decree-Law No. 61/1990. 3. Price increase for loggias and balconies: a) for dwellings provided in buildings according to item I.1.a): ...... lei/m2 x 0.35 x x ...... m2 area of loggias and balconies; b) for dwellings provided in buildings according to item I.1.b): ...... lei/m2 x 0.35 x (...... Ð Ð 2.50 m2) area of loggias and balconies. As regards this class of dwellings, the calculation shall be made only for the area of loggias and balconies exceeding 2.5 m2. 4. To the price obtained according to item II.1., increased or decreased according to item II.2., it shall be added the price of loggias and of balconies according to item II.3., obtaining the price of dwelling of ...... lei. 245 5. A price correction shall be applied for the height regime of the building to which the dwell- ing belongs (Tables Nos. 1 and 2 of Appendixes Nos. 1 and 2 under the Decree-Law No. 61/1990). VOL 20-eng/bt 15/6/1998 11:35 Page 246 246 Methodological Norm 6. A price correction shall be applied for the seismic degree of the zone in which it is situ- ated the building to which the dwelling belongs, according to the present methodological norms. 7. The price correction for the heating system of the building to which the dwelling belongs: Ñ heating with stoves using solid fuel (according to Appendix No. 1 under the Decree-Law No. 61/1990); Ñ its own hot water heating station exclusively serving the building to which the dwelling
belongs (according to Appendix No. 1 under the Decree-Law No. 61/1990). s 8. Price increase for improvements of the dwelling and building, of the kind provided /1996 under item I.10.: a) exterior metal or plastic joinery; b) metal door cases at interior doors; c) roller blinds (window shutters); d) architectural plastic art and improved exterior finishings within the maximum limit provided under item 5 of Appendix No. 2 under the Decree-Law No. 61/1990. 9. Price correction for the storey at which the dwelling is situated, on the basis of the pro- visions under Table No. 2 or No. 3 of Appendix No. 2 under the Decree-Law No. 61/1990. 10. Price correction for the wear in time of the dwelling, on the basis of the provisions under Table No. 2 of Appendix No. 1 under the Decree-Law No. 61/1990. 11. Price correction for the dwelling situated in semi-basement or attic, on the basis of the provisions under item 12 of Table No. 2 under the Decree-Law No. 61/1990. 12. Price increase/decrease for the dwelling with superior/inferior finishings and installa- tions, as against those provided in Table No. 4 under Appendix No. 2 under the Decree-Law No. 61/1990. Interior finishings and the corresponding installations achieved by the tenant from his/her own funds and without compensation of owed rent shall not be taken into consideration, although they are separately recorded in the technical slip. VOL 20-eng/bt 15/6/1998 11:35 Page 247
13. Price correction for the location of the building within the locality (Article 25 under the present methodological norms).
III. Calculation of the price of basement closet ...... lei/m2 x ...... m2 (useful area of basement closet) = ...... lei. There shall be applied the price correction for wear in time of the closet, on the basis of the provisions in Table No. 2 of Appendix No. 1 under the Decree-Law No. 61/1990. Regulations on dwellings passed into State property
IV. Calculation of the price of fence ...... lei/m x ...... m (quota of fence) = ...... lei. There shall be applied the price correction for wear in time of the fence, on the basis of the provisions in Table No. 2 of Appendix No. 1 under the Decree-Law No. 61/1990.
V. Calculation of the price of household dependencies The price standards/m2 depending on the construction system and construction materials used, as well as on wear, as against the real age, shall be those provided under the Decree No. 256/1984 (Table No. 7 of Appendix No. 2).
VI. Total price of dwelling, fence, and household dependencies at the level of January 1, 1990 The price shall be multiplied by the actualization coefficient depending on the increase of the gross average wage income on the economy from the last month of the quarter expired prior to the payment or purchase of dwelling, as against that achieved in January 1990, according to 247 the data provided by the National Statistics Commission through its territorial directorates (Article 27 under the present methodological norms). VOL 20-eng/bt 15/6/1998 11:35 Page 248 248 Methodological Norm VII. The value of the garage, established according to the provisions of Article 4 under the Law No. 85/1992, republished, shall be added. VIII. For the indemnification of the former owners and their heirs, in case they owned the corresponding grounds, their value shall also be added, established on the basis of the Criteria No. 2665/1C/311 of February 28, 1992, with subsequent supplements, elaborated by the Ministry of Finance and the Ministry of Public Works and Territorial Planning. IX. The price thus obtained shall be multiplied by the actualization coefficient depending on the increase of the gross average wage income from the last month of the quarter expired
prior to the payment as against the one existing on February 28, 1992, according to the data s provided by the National Statistics Commission through its territorial directorates. /1996 APPENDIX No. 3 Ñ model Ñ GENERAL DIRECTION OF PUBLIC FINANCE AND STATE AUDIT
EXECUTION ACCOUNT of the Extrabudgetary Fund according to the Law No. 112/1995 at the end of the month ...... Ñ thousands of lei Ñ Achievements
1. Revenue Ñ total Ñ ...... a) Cashings from the equivalent value of the flats sold in the terms of the Law No. 112/1995 b) Delay penalties c) Sums received from the Ministry of Finance by redistribution d) Sums received from the Ministry of Finance, from State loans, in the terms of the Law No. 112/1995 VOL 20-eng/bt 15/6/1998 11:35 Page 249
2. Total expenditure: ...... a) Indemnifications paid according to the decisions of county commissions or court orders b) Sums transferred to the Ministry of Finance for redistribution
3. Balance at the end of month ......
4. Documents with regard to indemnifications approved Regulations on dwellings passed into State property and not paid up to the end of month 249