On Tuesday, the judges of the KRS approved the notification of the amendments to the law on the cadastre and advertising of real estate. The USR announced that the PSD and PNL amendments to the Land Registry Law were passed in violation of the Basic Law and endangered the property of Romanians.

The Constitutional Court considers that the law was adopted in violation of the principle of bicameralism.

“In essence, the Court ruled that between the form of the law proposed by the initiators, discussed and rejected by the Senate, and the form adopted by the Chamber of Deputies, there are a number of significant differences in legal content that may lead to a significantly different view of the Chamber’s decision-making regarding the initial object of regulation of the law. The Senate, as noted by the first chamber, did not have the opportunity to discuss and express itself by voting on the normative scope of the amendments adopted by the Chamber of Deputies, therefore it was excluded from the legislative process. Under these conditions, the Court assessed that the criticized law does not comply with the principle of bicameralism,” the CCR press release states.

USR welcomed the decision of the CCR, which stated that the changes to the cadastre law were adopted in violation of the Basic Law and put Romanians’ property at risk.

“We know very well how many guns there were. We know very well how many politicians have illegally enriched themselves with land and forests. The PNL and PSD would like to continue this practice through an amendment to the Law on Land Registration and Real Estate Advertising, which would open the way for abuse and put any land owner at risk,” USR MP Silviu Dehelean said.

In October 2022, UDR deputies together with Forţa Dreptei parliamentarians informed the Constitutional Court about the changes made to the cadastre law.

The USR complained at the time that this project was “necessary” and “useful”, but the PSD-PNL-UDMR coalition “left out a provision that makes a mockery of Romanian property rights”.

“It is about the changed form of Article 41, Clause 10, according to which “The lands associated with the house and outbuildings, as well as the yard and vegetable garden around them, in the absence of documents on the right of ownership, are entered into the land register and the ownership of them is established in favor of the current owners. buildings on the basis of a certificate certifying that the building is registered in the agricultural register, issued by the administrative-territorial unit within which the building is located, and cadastral documentation“.

The right to property guaranteed by the Constitution is ultimately at risk because of the imperfect way the text is written, which is not clear but leaves room for interpretation that could prove detrimental to owners, USR officials explained.

The UDR said the bill was adopted “without observing all the formalities required by law,” without clearly identifying the source of funding for the costs associated with its implementation, and this is unconstitutional, according to previous KRS rulings on the process. legislative.