Executarea hotărârilor Curții Europene a Drepturilor Omului privind România în materia imobilelor naționalizate - cauza pilot „Maria Atanasiu și alții contra României”
The execution of the European Court of Human Rights's judgments on Romania concerning the nationalised properties - the pilot-judgment "Maria Atanasiu and others v. Romania"

Summary/Abstract: The case law of the European Court of Human Rights (ECHR) on Romania concerning the nationalized properties during the communist period was initiated by the Brumarescu judgment, adopted in Strasbourg at November 28 1999. The ECHR’s jurisprudence became more and more substantial during the past 15 years and the execution procedure of the Court’s judgments, subject of the control exercised by the Committee of Ministers of the Council of Europe, emphasized the need of a legislative reform in Romania, a reform which could establish an effective domestic remedy for solving the item of a just satisfaction in this matter. The “Maria Atanasiu against Romania” judgment, adopted by the ECHR on October 12 2010, has finally generated the approval of the Law no. 165/2013, on the basis of a complex domestic legislative process and a close consultation of the competent institutions of the Council of Europe. This new legislation was appreciated by the Committee of Ministers of the Council of Europe and by the ECHR as being conform to the requirements of the European Convention on Human Rights and has led to dismissing from the Court’s role of hundreds of similar cases. The present study introduce the essence of the Romanian legislative reform process generated by the ECHR’s case law concerning the nationalized properties and the content of the Court’s judgments execution of similar decisions in the same domain.

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