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Abstract:
The issue of property restitution in Romania remains even in XXI Century a challenging legal institution. It has been linked to civil, commercial and even criminal law, as our economy has been affected in a significant way by the property restitution process. Due to the legislation lacks or misinterpretations, Romania has become a subject of criticism regarding property right, more specific regarding the properties that were abusively taken by the state during the communist regime. According to Government estimations, a total of EUR 21 billion will be needed to pay the compensation provided for by the compensation law.
Keywords: National interest, property right, compensation measures, laws, restitution of properties, budget cost.
JEL Classification: P16, P21.
The broad concept of national interest reunites the sum of ideals and objectives in areas as economy, military action, culture, politics and social wellbeing in a state, as this notion is often associated with the realistic approach of international affairs.
The components of national interest are expressed through values that translate themselves into real objectives that need to be fulfilled. In order for the objectives to be established, the right means must be chosen and with them, the concrete ways to further proceed. This is accepted both when an initiative is launched by the author of those objectives and when he has to answer to an initiative that is proposed by another, therefore to answer to an external stimuli. The finality of the process consist by identifying an answer (following the same sequel: objective- method- mean) to assure the highest degree of national interest value1.
In 1991, 1995 and 2001 Romanian Parliament passed laws for property restitution to their lawful owners who lost their possessions during the Communist regime (1945- 1989). Te main goal of these laws was to clarify and accelerate the Communist abuse restoration process. Without such normative acts, the alternative for former previous owners would have been to address the court directly and in some cases no resolving what so ever.
The February 1991 land reform, which followed the Romanian Revolution of 1989, sought to privatize land resources that were in state hands during the Communist period. The goal was to restitute land in state cooperatives to its pre-collectivization owners, with families that did not...