Romanian Const Court Upholds Amendments To Nationalized Houses Law

Mid-December, President Traian Basescu notified the Constitutional Court on the law regulating nationalized houses, arguing it breaches the constitutional bicameral principle.

 

Basescu mentioned in the intimation that, on the basis of article 77 of the Constitution of Romania, the head of state can request the constitutionality of the law be checked.

 

"The law amending Law 10/2001 on the legal status of certain buildings abusively seized during March 6, 1945 – December 22, 1989 was adopted while breaching the constitutional norms regarding the law drafting and adoption, namely the constitutional bicameral principle based on article 61, section (2) of the Constitution, as well as the competences established for the two Chambers of the Parliament, according to art. 75, section (1) of Constitution," Basescu said.

 

In October 2008, Romanian deputies rejected with 117 "pros," 79 "cons" and 28 abstentions the report of  Chamber of Deputies’ committee for legal matters regarding Basescu’s request to re-examine the law on nationalized houses

 

The law initially submitted to the head of state for promulgation, which remained valid after the deputies’ votes, stipulates that houses seized during the communism era based on the provisions of Law 112/1995 will no longer be returned in kind. 

 

Moreover, related plots of lands cannot be returned in kind either.