Eficiența mecanismului de executare a hotărârilor pronunțate de Curtea Europeană a Drepturilor Omului în materie de restituire a proprietăților preluate abuziv de stat în perioada comunistă – studiu de caz
The efficiency of the enforcement mechanism for judgments delivered by the European Court of Human Rights regarding the restitution of properties wrongfully confiscated during the period of communism – case study

Summary/Abstract: The efficiency of the enforcement mechanism for judgments issued by the European Court of Human Rights regarding the restitution of properties abusively confiscated during the communist period highlights persistent structural difficulties in Romania. Despite domestic regulations and the external pressure exerted by the Committee of Ministers, a high number of cases remain unresolved both at the administrative and judicial levels, and relevant pilot judgments continue to be unenforced or only partially enforced.Although the legal framework provides for the possibility for applicants to bring claims before national courts and subsequently before the European Court of Human Rights, the excessive duration of the procedures and the excessive formalism limit effective access to justice. Monitoring carried out at the Council of Europe level has not led to the remedying of the deficiencies, and the current instruments are insufficient to promptly oblige the State to execute the Court’s judgments from Strasbourg. The effective guarantee of the right to property and the right to a fair trial still requires not only legislative reforms but also a genuine and durable commitment from the Romanian authorities regarding the strengthening of both the administrative and judicial infrastructure, as well as compliance with European obligations.

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