Part I

After the fall of communism, a series of laws were enacted to regulate the restitution of property unlawfully confiscated by the state; however, these laws have not proven effective, as numerous provisions regarding restitution through compensation or the restitution procedure have led to various abuses, along with the emergence of new conflicts caused by the delayed adoption of important legislation (e.g., Law No. 10/2001), rather than a lack of involvement by administrative authorities in enforcing the law. Property restitution remains a sensitive issue to be resolved in the coming years because not only must legislative policy change, but so must the mindset regarding private property in Romania—that is, we must recognize that property is a fundamental right of the citizen, and not merely one right among others.   

Keywords: property unlawfully appropriated by the state, assets subject to restitution, holders of the right to restitution, restitution measures, procedure