The laws included in the set of laws declared to be unconstitutional by the Constitutional Court were included in the emergency ordinance adopted by the Executive on Thursday. The laws had been part in the legislation set on Justice reform and property. The Constitutional Court reached decision that some articles on the judiciary system were unconstitutional. "The reform in the field of property, one of the main promises made by the Cabinet, was adopted by emergency ordinance in Thursday's Executive meeting so that property problems would be solved as soon as possible", says the government. Here are the basic principles of the emergency ordinance: real estate abusively confiscated in March 6, 1945- December 22, 1989 are to be restituted to owners as such, fair damages are to be paid to owners whose properties can't be restituted as such and tenants' interests are to be obeyed. The new regulation does away with exceptions set to the restitution of real estate as such. Buildings hosting political parties, embassies and public institutions are no longer exception to the rule. Buildings hosting schools and hospitals at present, but supposed to be given back to their owners, are to keep the same profile for a period up to 5 years. The government has started procedures to provide funds for building new schools, hospitals and other public institutions. The new buildings are to be accomplished within terms up to 5 years. The normative document has it that former owners whose properties can't be restituted as such are to be paid stock exchange titles by means of the Property Fund. Procedures to create Property Fund The Property Fund is to be created 30 days after emergency ordinance release. It is meant to provide funds for damages to be paid to former owners. The Fund is to include shares to state companies. It is also going to get funds from debts Romania is to recuperate from other states so that public budget will not be used for damages to be paid. The Executive emergency ordinance has it that all titles to be used for damages are going to be turned into Property Fund shares to be listed at the Stock Exchange. The above mentioned source explains: "In less than one year and a half, beneficiaries of damages are to make real use of title by turning it into cash. Calin Popescu Tariceanu's Cabinet chose Stock Exchange listing because this way share rates are published daily and more information is available." Law protects tenants But several associations of owners abusively deprived of properties during the Communist regime have criticized legislation adopted by the government. They claim the law is far from what owners have expected. APDAS (the Association of Owners Abusively Deprived of Property by the State) will advise members not to agree to damages the government intends to pay by providing them with Property Fund shares. APDAS president Maria Theodoru explains: "Most owners will not agree to get such shares as damages because they should get their houses back. Such means to pay damages is utterly immoral. It is intolerable that they should give us Property Fund shares, which we call lottery tickets." She mentions she will discourage association members to agree to get shares because "our members are elderly, poor people who can't wait." At present authorities' estimations say former owners asking for damages are 0,5% of the active population. Maria Theodoru also mentions: "What Tariceanu says is false: that they talked to former owners' associations when drawing the law project. This is false. There are lots of complaints and much critique against this law project."

Corina SCARLAT