Fondul Proprietatea

Fondul Proprietatea (Property Fund in English) is a joint-stock company established in Romania and is intended to become entirely private and independent from the Romanian state.

The complex legal situation has led to an attempt to compensate the former owners, victims of communism, who were denied a second time for the restitution of their property.

The shares distribution constitutes the means to repair the injury suffered by persons and families that have been wrongfully dispossessed of their properties during the communist totalitarian period (1945–1989).

For this purpose, Fondul Proprietatea will initiate the legal procedure to admit the shares for transaction on the market operated by Bucharest Stock Exchange.

This fund is also widely disputed by the beneficiaries and all owner's associations,[8] considering it is not a real compensation scheme since the shares cannot be properly sold on the market and it is insufficient in size.

The European Court of Human Rights (or ECHR) has repeatedly condemned[17] Romania[18] for its failure to return the real estate, but also to pay for compensation.

[20] On 21 October 2009, the newspaper Evenimentul Zilei[21] dedicates a long article of the never ending condemnations of Romania, considered by the ECHR unable to compensate dispossessed owners.

The Committee emphasizes the lack of compensation following the deprivation of property, which amounts to confirm the ineffectiveness of Fondul Proprietatea.Thus at its last meeting on June 6, 2009,[24] the ministers states on the basis of the 88 cases involving the absence of restitution or compensation for nationalized property, subsequently resold by the State to others:[25]1. recall that the issues raised in these cases relate to a major systemic problem, particularly related to the absence of restitution or compensation for nationalized property, subsequently resold by the state to others, a problem that must be addressed as quickly as possible to avoid a significant number of new, similar violations;2. note that the European Court in a number of cases that have recently become final, said, inter alia, that the Romanian authorities should take the necessary legislative measures to prevent the occurrence of situations where two titles related to the same property coexist, and also amend the administrative mechanism established by the laws of repair[4] so that it becomes really coherent, accessible, timely and predictable;3. invite the Romanian authorities to submit an action plan on measures taken or envisaged to improve the current mechanism of restitution;; in this context they noted with interest that bilateral consultations are envisaged between the authorities involved in the process restitution and the Secretariat;4. consequently decide to resume consideration of these matters at the latest af their 1st HR meeting in 2010 in the light of the action plan and to provide information on individual measures.

Romania is the only country in the former Eastern bloc to join the European Union, where such a problem concerning the situation of property connected with the collapse of communist regimes remains unresolved.

Given the seriousness of the situation and the inertia of the Romanian state, despite hundreds of convictions of the European Court of Human Rights, the latter launched on 25 February 2010 as a pilot-judgment procedure.