Despre neconstituționalitatea Ordonanței de urgență nr. 38/2025: limitele intervenției normative în materia restituirii proprietăților și exigențele jurisprudenței CCR și CEDO
On the unconstitutionality of Emergency Ordinance no. 38/2025: the limits of normative intervention in the matter of property restitution and the requirements of the case law of the Constitutional Court and the European Court of Human Rights

Summary/Abstract: This article provides a critical analysis of Emergency Ordinance No. 38/2025, which amends Law No. 165/2013 on the restitution of properties abusively seized by the former communist regime. It highlights the constitutional limits on the Government’s use of emergency ordinances in the field of property rights and examines the substantial interferences with private property, equality before the law, and the principle of fairness. The study assesses, in light of the jurisprudence of the Constitutional Court and the European Court of Human Rights (including Văleanu v. Romania, 2025), the regulation of value-added contributions, the reduction of compensation through correction coefficients, the restructuring of payment instalments, and the diminished compensatory value when opting for a single payment. The core conclusion is that Emergency Ordinance No. 38/2025 amounts to a disproportionate and unconstitutional interference with property rights and breaches Romania’s international obligations.

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