This procedure is drawn up to establish the method of resolving cases constituted under Law no. 10/2001, both regarding resolution proposals at the level of the Directorate for Community Policies and Special Laws – Specialized Directorate within AAAS – and the submission of these to the Notification Analysis Commission and, as the case may be, to the Evaluation Commission, in accordance with the applicable legal provisions.

The resolution activity involves the following stages:

1. The stage of receiving and inventorying the case file

- involves registering in the operational records of the directorate the administrative file constituted based on notifications formulated under Law no. 10/2001.

2. The stage of preliminary analysis of the case file, for the purpose of requesting additional documents

- considering that the database was established after 2010, files will be analyzed in the order of their assigned registration number. If it is found that the file is complete, it will be put into processing. If additional information is required to resolve the case, a request will be drafted asking for such information. The deadline for the petitioner to submit additional documents is 120 calendar days, with the possibility of extension, upon request, by another 60 days, provided that the date of the extension request does not exceed the initial 120 days. New files, received from other institutions, are registered in the order they are submitted to AAAS. Files discussed during hearings organized at the Directorate for Community Policies and Special Laws (DPCLS) will be analyzed, additional documents will be requested, and insofar as the petitioners send the requested completions, cases will be put into processing.

3. The stage of final analysis – is performed on two levels:

• In situations where it is considered that all necessary documents for formulating a proposal are present, the responsible legal adviser/expert analyzes the documents in the file and drafts the Report containing the proposed resolution. Final analysis can also be performed if the file is incomplete, but the petitioner(s) submits a request in this regard, stating the impossibility of providing further documents;

4. The evaluation stage
In situations where the claim targets the application of art. 31 of the law, the Report prepared by the legal adviser/expert who handled the file with the documents, endorsed by the Notification Analysis Commission, is forwarded to the AAAS Evaluation Commission for drawing up the Evaluation Commission Report.

5. The stage of drafting and approving the decision.
Based on the decision of the Analysis Commission, and as the case may be, on the Evaluation Commission Report, the legal adviser/expert who handled the file drafts the Decision with the settlement proposals for the notification, which is sent for endorsement to the management of the Directorate for Community Policies and Special Laws (DPCLS), and for approval to the President of AAAS.

6. The communication stage
The decision is communicated to the holders of the notification or their representatives, and if they declare that they do not contest the Decision, the original file is sent to the National Commission for the Compensation of Properties, within the National Authority for Property Restitution, or to other competent entities, as the case may be.

Delineation of case resolution activity constituted under Law no. 10/2001

Within AAAS, the delineation of the activity of resolving files constituted under Law no. 10/2001 is achieved by:

• mode of organizing the evidence of files in its own database;

Main activities on which the resolution activity of files constituted under Law no. 10/2001 depends and/or which depend on it

The list of main activities on which the resolution activity of files constituted under Law no. 10/2001 depends is as follows:

• submission to the file by the petitioners or by commercial companies/state institutions required documents for the resolution of the notification, in accordance with legal provisions;

• submission by petitioners or by the Legal Directorate of court rulings by which AAAS is obligated to issue a decision based on Law no. 10/2001;

category A - files for which there is a final and irrevocable court ruling by which AAAS is obliged to issue a motivated decision proposing the grant of reparation measures;

category B - files for which there is a final and irrevocable court ruling by which AAAS is obliged to issue a motivated decision as a response to the submitted notification;

category C - files for which petitioners attended a hearing, during which it was found that all documents required by law for issuing a motivated decision are present in the file;

category D - files for which petitioners attended a hearing, during which it was found that the file does not contain all documents required by law for issuing a motivated decision. Together with the petitioner, the set of documents to be submitted will be established, and the file will be put into processing after it is completed with the necessary information;

category E - files for which petitioners have sent a written request regarding the status of the file review. Within the legal term of 30 days from receiving the request, the petitioner will be informed about the documents required to complete the file or, if all documents are submitted, within 120 days, the reasoned decision of AAAS will be communicated.

category F - the rest of the files will be checked in the order of their registration in the database.

If the Analysis Commission finds that the notification falls within the provisions of Law no.10/2001 and is accompanied by all documents required by law, all necessary steps will be taken to issue the decision regarding the proposal for file resolution. As the case may be, the case file will be forwarded to the Evaluation Commission, by care of the Directorate for Community Policies and Special Laws (DPCLS). After the analyses and evaluations are carried out, the Decision will be issued, endorsed by the Directorate for Community Policies and Special Laws (DPCLS), and forwarded for signature to the President of AAAS.

In the case of notifications falling under the provisions of art. 29 of Law no. 10/2001, as amended and supplemented, decisions proposing compensatory measures will be forwarded, together with the notification and the related documents, to the National Commission for the Compensation of Properties, for the purpose of analyzing and calculating the final amount of the compensatory measures.

In the case of notifications falling under the provisions of art. 31 of Law no. 10/2001, as amended and supplemented, the motivated decision, which will also include the amount of compensatory measures, will be forwarded, together with the notification and related documents, to the National Commission for the Compensation of Properties.