Jurisprudence of Civil Law 2016-2017 with Commentary

Abstract

In Court, in administrative procedure the request of the person entitled to be provided compensation equivalent to the loss according to Law no. 10/2001 was rejected, because he/she did not submit the documents requested by the public authority in time. The rightful came forward with legal action and attached the documents. The authority defended itself by invoking the fact that the rightful could not submit those documents directly in front of the Court, and as a consequence has no right to a trial for not respecting the initial deadline for submitting the documents. But the Court took notice of the fact that the deadline established by Law no. 165/2013 regards exclusively the administrative procedure, and this conclusion is a consequence of both the literal interpretation of the law, as well as of its teleological one, as the purpose of the normative act is to accelerate the procedures regarding the finalizing of the process of giving back the real estates that the law considers and the emitting of decisions or provisions that they are obliged to respect. As a consequence, the sanction regarding the rejection is functional only in the case when the administrative deadline is not respected, but as a result the decision or the procedure is emitted exclusively on the basis of the documents already submitted. They considered that the law does not interdict by any provision the entitled person to make proof of the fact that he/she meets the conditions provisioned by the special law of compensation directly in front of the court of law, in the direction of offering proofs regarding the quality of an entitled person, the fact that one’s property right or its author exist, the date when the real estate was taken into the possession of the state and its being absorbed within the deadline imposed by the law, and the court has the obligation to analyse the basis of all these.