Property Restitution in Romania: Administrative Challanges and Compliance with The Case Law of The European Court of Human Rights - Case Study
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 f...
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| Format: | Article |
| Language: | English |
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Romanian Foundation for Business Intelligence
2025-05-01
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| Series: | SEA: Practical Application of Science |
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| Online Access: | https://seaopenresearch.eu/Journals/articles/SPAS_37_4.pdf |
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| author | Miklós-Csaba GYÖRGYJAKAB |
| author_facet | Miklós-Csaba GYÖRGYJAKAB |
| author_sort | Miklós-Csaba GYÖRGYJAKAB |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-e563319a15e641efb6c63c8d683eb47d |
| institution | OA Journals |
| issn | 2360-2554 |
| language | English |
| publishDate | 2025-05-01 |
| publisher | Romanian Foundation for Business Intelligence |
| record_format | Article |
| series | SEA: Practical Application of Science |
| spelling | doaj-art-e563319a15e641efb6c63c8d683eb47d2025-08-20T02:15:58ZengRomanian Foundation for Business IntelligenceSEA: Practical Application of Science2360-25542025-05-01XIII37313710.70147/s373137Property Restitution in Romania: Administrative Challanges and Compliance with The Case Law of The European Court of Human Rights - Case StudyMiklós-Csaba GYÖRGYJAKAB0European ParliamentThis 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.https://seaopenresearch.eu/Journals/articles/SPAS_37_4.pdfchallengesadministrativerestitutioncommunistdeadlockproperty restitution |
| spellingShingle | Miklós-Csaba GYÖRGYJAKAB Property Restitution in Romania: Administrative Challanges and Compliance with The Case Law of The European Court of Human Rights - Case Study SEA: Practical Application of Science challenges administrative restitution communist deadlock property restitution |
| title | Property Restitution in Romania: Administrative Challanges and Compliance with The Case Law of The European Court of Human Rights - Case Study |
| title_full | Property Restitution in Romania: Administrative Challanges and Compliance with The Case Law of The European Court of Human Rights - Case Study |
| title_fullStr | Property Restitution in Romania: Administrative Challanges and Compliance with The Case Law of The European Court of Human Rights - Case Study |
| title_full_unstemmed | Property Restitution in Romania: Administrative Challanges and Compliance with The Case Law of The European Court of Human Rights - Case Study |
| title_short | Property Restitution in Romania: Administrative Challanges and Compliance with The Case Law of The European Court of Human Rights - Case Study |
| title_sort | property restitution in romania administrative challanges and compliance with the case law of the european court of human rights case study |
| topic | challenges administrative restitution communist deadlock property restitution |
| url | https://seaopenresearch.eu/Journals/articles/SPAS_37_4.pdf |
| work_keys_str_mv | AT mikloscsabagyorgyjakab propertyrestitutioninromaniaadministrativechallangesandcompliancewiththecaselawoftheeuropeancourtofhumanrightscasestudy |