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Law approving GEO regarding phased payment of compensations for Romanian citizens who owned properties in Bulgaria, Bessarabia and Serbia

In the Official Gazette of Romania, Part I, no. 693 of 13 November 2013 has been published Law no. 287/2013 approving GEO no. 10/2013 for phased payment of compensations established under the provisions of Law no. 9/1998 regarding granting compensations for Romanian citizens for their owned assets transferred to the property of the Bulgarian state after applying the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, Law no. 290/2003 on granting compensations to Romanian citizens for their own assets seized, detained or remained in Bessarabia, Northern Bucovina and Hertaas a result of the state of war and applying the Peace Treaty between Romania and the Allies associated, signed in Paris on 10 February 1947 and the Law. 393/2006 regarding granting compensations for Romanian citizens for their assets transferred to the property of the former Kingdom of Serbs, Croats and Slovenes, after applying the Protocol concerning several islands on the Danube and a common exchange between Romania and Yugoslavia, signed in Belgrade on 24 November 1923 and the Convention between Romania and the Kingdom of Serbs, Croats and Slovenes, regarding the rules applying to the property situated  at the border area, signed in Belgrade on July 5, 1924, and amending and supplementing Law no. 9/1998, Law no. 290/2003 and Law no. 393/2006.

The Law approves with amendments and completions GEO. 10/2013 regarding phased payment of compensations for Romanian citizens who owned properties in Bulgaria, Bessarabia, Northern Bucovina and Herta and in the former Kingdom of Serbs, Croats and Slovenes, compensation established by Law no. 9/1998, Law no. 290/2003 and Law no. 393/2006.

Thus, according to GEO no. 10/2013, the payment of compensation as established by normative acts listed above, will be made in equal annual installments over a period of 10 years, starting next year of the title of payment  issue date. The amount of an installment can not be less than RON 20,000. The payment of the installments will be made from 1 January 2014.

The most important changes and additions to the Law approving GEO no. 10/2013 concern:

It is inserted the mention that in complete payment files, established as a result of the provisions of Law no. 9/1998, the payment of compensation shall be made following the chronological order of the titles issued by the Head Prime Minister Chancellery under the Law no. 9/1998, decisions of payment issued by the Vicepresident of the National Authority for Property Restitution, who coordinates the implementation of Law no. 9/1998, Law no. 290/2003 and Law no. 393/2006.

In complete payment files, established as a result of the provisions of Law no. 290/2003, the payment of compensation shall be made following the chronological order of the decisions issued by the county commissions/Bucharest Municipality for applying Law no. 290/2003.

Compensation files created under Law no. 9/1998 are analyzed by the Department for the implementation of international treaties, in order to issue the payment or invalidity decision, in chronological order of their registration in the opened special register.

Title of payment means the county commissions / Bucharest Municipality decision for applying Law no. 290/2003 and Law no. 393/2006, the order issued by the Head Prime Minister Chancellery under the Law no. 9/1998 and the decision of payment issued by the Vicepresident of the National Authority for Property Restitution, who coordinates the implementation of Law no. 9/1998, Law no. 290/2003 and Law no. 393/2006.

It states that the National Authority for Property Restitution by its own structure with control attributions, checks the work done by county commissions or Bucharest Municipality for applying Law no. 9/1998, Law no. 290/2003 and Law no. 393/2006.

It is mention that from the compensatory measures provided for by Law no. 9/1998 benefit the Romanian citizens, legally or testamentary heirs of former owners if they have Romanian citizenship on the date of entry into force of the law. The proof of their heir status is made through the certificate of inheritance, the heir certificate or final and irrevocable judgement, stating their heir status.

The compensations which romanian citizens are entitled to will be provided by the state budget in the amounts approved annually for this purpose, and the payments to individuals are provided by the National Authority for Property Restitution.

The applications submitted by 1 May 2007 and pending in the committees established under the prefecture, after the entry into force of the new law, shall be settled based on the documents certified by competent authorities, which may be supplemented by statements of witnesses authenticated.

It is established a limitation period in the administrative procedure of 90 days, during which the people who consider themselves justified can complete with relevant documents the files submitted to the committees authorized by Law. The limitation period shall run from the date the person is notified in writing which documents are required to resolve the request.

:: The Source: JURIDICE.ro

Corina PESCARU

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