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Unconstitutionality Plea Acepted Regarding Law no. 165/2013, Referring to Confiscated Immovables During the Communist Regime of Romania

By means of Decision no. 88 dated February 27th, 2014, published in the Official Gazette no. 281 dated April 16th, 2014,  the Romanian Constitutional Court has decided that the provisions of article 4, second paragraph and article 33 of Law no. 165/2013 are constitutional only if the terms provided by art. 33 do not apply to the litigation cases pending at the date when the law came in force.

The plea regarded certain procedural rules which provide special terms for solving restitution claims beginning with the 1st of January 2014 and actions pending before the courts of law.

The Constitutional Court analyzed to what extent the contested provisions generate the possibility to invoke prematurity of the statement of claim that was submitted before law’s entrance into force.

Moreover, it was analyzed if the provisions of articles 4 and 33 do not establish a prerequisite for exercising the right to file a claim in justice that did not exist at its filing date.

Regarding this issues, the Court considered that this retroactive enforcement of the procedural terms provided by art. 33 affects the right of free access to the justice system of the people entitled to benefit from the measures provided by the special reparatory laws, it influences the outcome of trials and generates a substantial disadvantage between the parties.

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