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  3. Informational procedure regarding the resolution of administrative files established under Law no. 10/2001*

Informational procedure regarding the resolution of administrative files established under Law no. 10/2001*

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This procedure is drawn up to establish the method of resolving cases formed under Law no.10/2001, regarding both the proposals for resolution at the level of the Community Policies and Special Laws Directorate – Specialized Directorate within AAAS – and their submission 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 recording in the directorate's operative register the administrative file constituted based on the notifications submitted under Law no.10/2001.

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

- considering the fact that the database was established after 2010, the files will be analyzed in the order of the registration number received. If the file is found complete, it will be taken into work. If additional information is required for resolution, a request for such information will be prepared. The deadline for the petitioner to submit additional documents is 120 calendar days, with the possibility of extension, at their request, for 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 of their submission to AAAS. Files discussed during audiences organized at the Community Policies and Special Laws Directorate (DPCLS) will be analyzed, additional documents will be requested, and as the required additions are provided by the petitioners, the files will be taken into work.

3. Final analysis stage – is carried out on two levels:

  • If it is considered that all documents necessary for making a proposal are available, the legal advisor/expert responsible analyzes the documents in the file and prepares a Report containing the proposed resolution. Final analysis can be conducted even if the file is incomplete, but the petitioner(s) submit a request in this regard, stating the impossibility of providing further documents;
  • The Analysis Commission discusses the Report drawn up by the legal advisor/expert who handled the file and decides on the resolution method, in accordance with its own Rules of Procedure, approved by order of the AAAS President.

4. Evaluation stage
If the claim concerns the application of art.31 of the law, the Report drawn up by the legal advisor/expert who handled the file, endorsed by the Notification Analysis Commission, is forwarded to the AAAS Evaluation Commission for the preparation of the Evaluation Commission’s Report.

5. Drafting and approval stage of the decision.
 Based on the Analysis Commission’s decision and, if applicable, on the Evaluation Commission’s Report, the legal advisor/expert who handled the file prepares the Decision with the proposed solutions to the notification, which is sent for endorsement to the leadership of the Community Policies and Special Laws Directorate (DPCLS), and for approval to the President of AAAS.

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


Delimitation of the activity of resolving case files constituted under Law no. 10/2001

Within AAAS, the delimitation of the resolution activity of case files constituted under Law no. 10/2001 is achieved by:

  • the way the case files are organized in a dedicated database;
  • the way the activity is organized by setting up and functioning of commissions for the implementation of Law no.10/2001 – Notification Analysis Commission and Evaluation Commission, separate from the case file analysis activity;

The main activities on which the resolution of case files under Law no. 10/2001 depends and/or which depend on the resolution activity

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

  • submission to the file, by petitioners or by commercial companies/state institutions, of the documents necessary for solving the notification, according to legal provisions;
  • submission by the petitioners or by the Legal Department of court decisions whereby AAAS is obliged to issue a decision under Law no. 10/2001;
  • prioritizing files based on the following criteria:

category A - files for which there is a final and irrevocable court decision forcing AAAS to issue a motivated decision proposing the granting of reparatory measures;

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

category C - files for which the petitioners were present at an audience, on which occasion it was found that all documents required by law for issuing the motivated decision are present in the file;

category D - files for which the petitioners were present at an audience, on which occasion it was found that the file does not contain all documents required by law for issuing the motivated decision. Together with the petitioner, the set of documents to be submitted will be established, and the file will be taken into work after completion with the necessary information;

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

category F - the other files will be checked in the order of their entry numbers 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 proposing the resolution of the file. As the case may be, the file will be sent to the Evaluation Commission, under the care of the Community Policies and Special Laws Directorate (DPCLS). After analysis and evaluations, the Decision will be issued, endorsed by the Community Policies and Special Laws Directorate (DPCLS), and sent for signature to the President of AAAS.

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

In 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 Compensation of Properties.

In the situation where there is a final and irrevocable court decision wherein the court rules on matters within the competence of AAAS, in its capacity as the entity tasked with resolving notifications submitted under Law no.10/2001, the motivated decision will be based on the elements considered by the court, including the level of compensation established by the final and irrevocable court decision.

The proposal for granting compensatory measures will also include the inheritance shares of heirs who did not submit claims within the legal term, only if their status as heirs is proven by the certificate of inheritance/heir status certificate and notarized statements proving that no claims regarding the object of the notification under analysis were made by them.

By Motivated Decision, as the case may be:

it is proposed to grant compensatory measures;

the notification is rejected;

the jurisdiction to resolve the notification is declined in favor of another authority, institution, etc. legally empowered to resolve it.


Depending on the solution proposed by the issued decision, the documents will be transmitted as follows:

Stage 1

a) a copy of the decision to the holder(s) of the notification (one for each holder);

b) letter communicating the decision and requesting agreement for transmitting the file further to the institution empowered to calculate damages;

Stage 2

a) after receiving the agreement, the file containing all submitted documents, inventoried in an inventory list, will be sent to the authorized institution;

b) the cover letter for forwarding the file – copy 1 will go to the competent institution, copy 2 will be filed with the witness copy that remains
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Entitled persons
Regulated professions
Required documents

Denumire

Descriere

Obligatoriu

Semnătură digitală

Tip document

Descarcă

-
Notification*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
the notification sent through a court bailiff, within the time limit provided by law (until 14.02.2002) – original copy/legalized copy/certified copy by the court bailiff, lawyer, or by the entity initially notified;*
property documents*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
property documents for the claimed real estate, e.g.: updated land registry, sale-purchase deed, donation, exchange, partition, construction permit, certificate of heir (if the relevant property is included in the estate) - notarized copies/certified by lawyer; (for resolution of notifications based on Art.29 of Law no. 10/2001)*
property deeds*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
documents attesting the status of associate or shareholder at the moment of the nationalization of the company (e.g. shareholding, CAFIN record issued by the Ministry of Public Finance or nominative shares, in original copies) – originals/certified copies by state authorities; (for the settlement of notifications based on Art.31 of Law no. 10/2001).*
certificate of inheritance or certificate of heir status*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
certificate of inheritance or certificate of heir status, proving the petitioner's status as heir to the former owners of the claimed property – certified copies; (for the settlement of notifications based on Article 29 of Law no. 10/2001)*
certificate of inheritance or of status as heir*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
certificates of inheritance or certificates of heir status, from which the petitioner’s status as heir of the former associates/shareholders of the nationalized company is evident – legalized copies; (for resolving notifications based on Art.31 of Law no. 10/2001).*
documents certifying the abusive takeover of the property by the state*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
documents certifying the abusive takeover of the property by the state, during the reference period of the law (March 6, 1945 – December 22, 1989), e.g.: expropriation decree with annex table, nationalization minutes, certificates issued by state authorities; (for the resolution of notifications based on Article 29 of Law no. 10/2001)*
documents certifying the nationalization of the company*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
documents attesting the nationalization of the company; (for resolving notifications based on Art.31 of Law no. 10/2001).*
documents showing the name of the person from whom the property was taken over and its description, at the date it was taken over by the state*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
documents showing the name of the person from whom the property was taken and its description at the date it was taken over by the state (land area taken over, type and area of the construction); (for resolving notifications based on Art.29 of Law no. 10/2001)*
proof of the existence of the claimed machinery and installations at the time of the entry into force of Law no. 10/2001*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
proof of the existence of the claimed equipment and installations, at the time Law no. 10/2001 entered into force, in the assets of a privatized commercial company, as well as documents stating their inventory value; (for the resolution of notifications based on Art.29 of Law no. 10/2001)*
certificates attesting to the current legal status of the property*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
certificates issued by the owning company / the city hall within whose jurisdiction the property is or was located, attesting to the current legal status of the property, specifying the exact land area and details regarding the claimed constructions (year of construction, built-up area and total area, number of floors, any vertical or horizontal additions compared to the initial construction that was taken over by the state) and the share in which the claimed property is currently, or was previously, recorded, later sold, in the patrimony of a commercial company privatized by AAAS; (for the resolution of notifications based on Art.29 of Law no. 10/2001)*
postal role history*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
postal role history, if the property address has undergone changes over time; (for solving notifications based on Art.29 of Law no. 10/2001)*
the balance sheet of the nationalized company, concluded on 31.12.1947*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
the accounting balance sheet of the nationalized company, closed on 31.12.1947 or earlier, in conditions where proof of its inexistence is provided, through denials issued by the authorities; (for resolving notifications based on Art.31 of Law no. 10/2001).*
documents showing the total number of shares issued by the company*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
documents showing the total number of shares issued by the company; (for the resolution of notifications based on Art.31 of Law no. 10/2001).*
notarial notoriety statements*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
notarial statements of notoriety, given by at least two persons, which should cover the discrepancies in the surname or first name under which the former owners or their heirs appear in the documents submitted to the administrative file – original copies; (for the resolution of notifications based on Art.29 of Law no. 10/2001)*
notarial statements of notoriety*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
notarial statements of notoriety, given by at least two persons, to cover discrepancies in the name or first name under which former associates/shareholders or their heirs appear in the documents submitted to the administrative file – original copies; (for the resolution of notifications based on Art. 31 of Law no. 10/2001).*
notarial statements on one's own responsibility*
Descarcă
Formular tipizat
 obligatoriu cu semnatură digitală disponibil și prin OOTS
notarial statements on their own responsibility, from which it should result whether the persons who consider themselves entitled to compensatory measures or their predecessors have benefited from the restitution of the claimed properties or have received compensations of any kind, up to the present, as well as whether they have ongoing litigation in courts regarding the properties subject to the notification; (for resolving notifications based on Art. 29 of Law no. 10/2001)*
notarial declarations on own responsibility*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
notarial statements on their own responsibility, from which it results whether the persons who consider themselves entitled to compensatory measures or their predecessors have benefited from any kind of compensation up to the present, as a result of the nationalization of the company, as well as whether they have ongoing litigation before the courts regarding the subject of the notification; (for the settlement of notifications based on Art.31 of Law no. 10/2001).*
identity document of the applicant*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
identity document of the applicant - photocopy;*
civil status documents of the applicant and their ancestors*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
civil status documents of the applicant and of their ancestors, if applicable - photocopies;*
any other relevant documents*
Descarcă
Scanned document
 obligatoriu cu semnatură digitală disponibil și prin OOTS
any other relevant documents, intended to contribute to the resolution of the notification*
Issued documents

Denumire

Tip document

Descarcă

-
Decision*
 obligatoriu cu semnatură digitală disponibil și prin OOTS
Decision*
 obligatoriu cu semnatură digitală disponibil și prin OOTS
Fees

Title

Payment method

Value

Currency

None
Deadlines
Resolution time:
0
Calendar days
Case filling duration:
120
Calendar days
Notification deadline:
0
Calendar days
Appeal routes

Note: In the situation where the agreement is not received, or the summons regarding the possible challenge of the decision is not received, after 30 calendar days, the file can be forwarded to the National Commission for Real Estate Compensation within ANRP.

*
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Last updated: 
03 May 2022
Publicat de către: 
A paragraph is a self-contained unit of a discourse in writing dealing with a particular point or idea. Paragraphs are usually an expected part of formal writing, used to organize longer prose.
Institution responsible with document: 
Publicat de către: 
A paragraph is a self-contained unit of a discourse in writing dealing with a particular point or idea. Paragraphs are usually an expected part of formal writing, used to organize longer prose.
Authority for State Asset Administration*
*Content marked with an asterisk (*) has been automatically translated and may not fully reflect the original meaning. For objective interpretation, please consult the Romanian version.
Authority for State Asset Administration*
Str. Cpt. Av. Alex. Șerbănescu nr. 50, Sectorul 1
Telefon: 0213036603
Fax:
Email: pcue@aaas.gov.ro
www.aaas.gov.ro
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