Romania / High Court of Cassation and Justice / 1734/54/2011 Firu Ilinca v The Central Compensation Board

Key facts of the case:

The plaintiff applied to courts to compel the Central Compensation Board to issue the compensation title for a plot of land nationalised during the Communist regime. She stated that she had lodged a notification in 2001, that the local authorities had issued a decision to award compensation in 2006, that the file had been sent to the defendant, but no compensation had been awarded yet. The Craiova court of appeal decided in favour of the defendant and the High Court of Cassation and Justice upheld this decision. The courts found that the excessive duration of the administrative proceedings violated the plaintiffs’ right to property, right to have the application handled within a reasonable timeframe and the right to a good administration.

Paragraphs referring to EU Charter: 

 

After Romania has joined the EU and following the coming into force of the Lisbon Treaty, which, in article 6, Title I of the consolidated Treaty, acknowledges the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union, the Romanian citizens enjoy the right to a good administration as a fundamental right, in relation to their statute as European citizens. Thus, according to Article 41 of the Charter, every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union. Or, considering the provisions of Article 20 of the Constitution, the national laws, both primary legislation – such as Law no.247/2005, in this case, and the secondary legislation - G.D. no. 1095/2005 and Decision no. 2185/2008, concerning the procedure for handling requests for compensation, cannot be interpreted or applied in ignorance of the right to a good administration and in violation of the reasonable time for handling the request, as an element of the right to a good administration.

Deciding body (original language): 
Înalta Curte de Casaţie şi Justiţie
Language: 
Romanian