ECHR rules that Romania must return land or pay compensation in communist-era confiscation case

The European Court of Human Rights ruled on Tuesday, January 7, that the Romanian state must return 17,000 hectares of land to the Borșa Landowners’ Association within 12 months of the decision becoming final.

The claimants in the case are 53 Romanian citizens whose land was confiscated by the communist regime. The Court found a violation of the claimant's property rights along with 27 other claimants in the case Văleanu and Others v. Romania, which became final on November 8, 2022.

Lawyer Nicoleta Popescu explained that the ECHR granted a grace period of over two years for Romanian authorities to respect the claimant’s property rights and enforce a 2005 court ruling. That judgment had ordered the local Borșa commission and the county commission to return the 17,000 hectares of forest to the claimant. “In these two years since the Court's first decision, the claimant’s representatives had numerous meetings with the government agent, as well as local and central authorities, but with no results,” stated Nicoleta Popescu in an interview with G4Media.

If the land is not returned, Romania will have to pay compensation of over EUR 61 million. “Now that the Court has ruled that the claimant must return the 17,000 hectares within 12 months of the decision becoming final, the national authorities are obliged to respect and implement the ECHR ruling. Otherwise, the Ministry of Finance will pay EUR 61 million from our money, the taxpayers’ money,” the lawyer added.

The Romanian state may appeal this decision to the ECHR Grand Chamber, but only regarding the amount of compensation.

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