DECISION No. 20 OF OCTOBER 17, 1995 ON CC No. 24/95
Motion by a group of MPs of the 37th National Assembly challenging the constitutionality of the Law on the Amendment to the Law on the Reinstatement of Ownership Over Nationalized Immovable Property (LALROONIP)(DV, No. 87 of September 29, 1995).
The Constitutional Court ruled that Clause 1 of the LALROONIP administratively creates new tenancy relations. The provision affects the right to ownership and contravenes Art. 17 para 3 of the C.
The Constitutional Court ruled that Clause 2 of the LALROONIP while revoking the grounds of invalidity that were there when the contract was signed, makes it impossible to defend the right to ownership. Therefore the provision is anticonstitutional.
Clause 3 of the LALROONIP is anticonstitutional. It provides for nonsuit on claims to declare transactions null and void. This infringes on the right to defense of plaintiffs and of defendants alike in the action already taken. That part of Clause 3 of the LALROONIP contravenes Arts. 117 and 56 of the C.
The remaining part of Clause 3 of the LALROONIP which poses the requirements for a decision satisfying an ownership claim not to be fulfilled unless third persons pay up sums contravenes Art. 17 para 1 of the C.
