Legal analysis uncovers systemic failures in residential property restitution in Romania, highlighting severe delays and non-enforcement of European Court rulings.
During the past decade and a half, calls for the ‘natural’ restitution of residential property (houses and apartments) abusively confiscated by the communist regime during the period 1945–89 were left unanswered by the post-communist Romanian authorities. The lack of political will to address the problem adequately and fairly, the arbitrary reversal of definitive court orders, and legislation consistently favouring the tenants have persuaded an increasing number of Romanian home-owners to lodge complaints with the European Court of Human Rights. Since 1999, the Court has awarded most owners their houses, but the Romanian authorities have disregarded the verdicts. The result, in some cases, is that justice delayed is justice denied.
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Lavinia Stan (2006) studied this question.
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