Property Restitution in Romania: Administrative Challanges and Compliance with The Case Law of The European Court of Human Rights - Case Study

Abstract

This case study examines a method used to bypass legal regulations on the restitution of properties seized during Romania's communist regime. Since the regime's fall, Romania has faced criticism from international bodies, including the European Court of Human Rights (ECHR), for delays or failure to complete property restitution. The ECHR has issued several rulings and recommendations urging the Romanian state to uphold the rights of those affected by these seizures. From 2009-2023, administrative measures aimed at completing restitution were insufficient, facing bureaucratic delays and resource shortages. Despite constitutional commitments to human rights, implementation often lags. The ECHR has stressed that without political will, the restitution process will not be completed. Romania continues to struggle with fulfilling these commitments, with public administrations showing reluctance and questions about judicial independence. This study offers original insights into the challenges of property restitution in Romania, emphasizing the need for political will, efficient administration, and judicial independence. It highlights the relevance of addressing legal and administrative barriers and proposes practical solutions to fulfill international obligations and protect citizens' rights.

Keywords

• challenges
• administrative
• restitution
• communist
• deadlock
• property restitution