30th of June is the last day city halls may be sued for not solving properties repossession notifications. This deadline concerns the local authorities that have to solve more than 5.000 notifications, lawyers Pavel, Mărgărit & Associates announce.
Bucharest City Hall is one of these Romanian authorities, so 30th of June is the last day the institution may be sued for delaying to solve the notifications.
„After so many years of waiting a solution in the administrative area, finally the former owners of a property in Romania have the possibility to go to justice, where the procedure is by far faster than the administrative one. We should not forget that law courts in Bucharest are very busy and start judging a cause in order of registration number. So, the sooner the trial starts, the faster is the resolution. Until now, we represented many clients for property restitutions, for buildings in Bucharest. In this area, lawyer’s experience is very important in order to have a faster resolution”, said Radu-Cătălin Pavel, Managing Partner of Pavel, Mărgărit & Associates, Romanian Law Firm.
The final deadline that repossesion notifications had to be solved was first of January 2017. According to Law 165/2014, art.33, first alignment „the entities entitled by law to solve notifications based upon Law 10/2001, have the obligation to give a resolution on unsolved notifications in period of 36 month after this law becomes effective”. This period started on first of January 2014, so the final deadline was the begining of this year. This term applies only to city halls that have to solve more than 5.000 notifications.
According to the same law, 6 month aflter this deadline, so untill first of July, city halls may be sued for unfulfilling obligation.
Here is what Law 165/2013 mentions on art. 35, alin. 2: „if the entity designated by law doesn’t take a decision until mentioned deadline, the persons that consider themselves entitled for repossesion may go to court of law mentioned at first alignement of the law, in term of six month after the deadline has passed”.
Tens of thousands of unsolved notifications
According to statistics published on Bucharest City Hall website, out of a total number of 42.561 administrative files built on Law10/2001, 24.142 are unsolved.
Also, the total number of files registered at Bucharest City Hall based on Law 165/2013, art. 43 , was, at the final update, 14.652. In this case we, talk about files that were firstly built based on other two laws (18/1992 and 1/2001), cases unsolved until Law 165/2013 became effective, and that were afterwards sent for resolution to special commissions of public authorities, entitled to apply law 10/2001.
Informations about Romanian Law Firm Pavel, Mărgărit & Asociates
Legal 500, the world’s most prestigious law firm guide, London based, ranked this year Pavel, Mărgărit & Associates on second place in Romania in a table that reunites business law firms with the most relevant experience. The Romanian Law Firm was also ranked by IFLR 1000 Financial and Corporate guide. Also, Pavel, Mărgărit & Associates is the only Romanian Law Firm recommended by the international director Global Law Experts, London based, in Dispute Resolution area of practice.
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