Current issues in compensation proceedings for political persecution: Extension of payments to stepchildren, specific rules of evidence

Rehabilitation for political persecution in Romania (for example, deportation to the USSR or Bărăgan Steppe, political arrest, forced stay order, etc.), regulated by the Romanian state in Laws (DL) 118/1990 and the affected Law 211/2013 applied in Abroad regardless of nationality, determined by Laws 130/2020 and 232/2020 Affected children expanded. The new law 71/2022 has made an additional extension to the steps-children of the persecuted who raised him and clarifies the rules of evidence. Since many of the affected have now received the approval notice from the responsible evaluation body AJPIS, in addition to the payment notice and the promised monthly payments, but the other affected people are still waiting for several months after applying, we would like to inform you once again about the special features of the procedure.

A large number of applications were received in Romania. The massive deluge of requests weighs on the authorities, who were not prepared for such a task. Responsible authorities have also been repeatedly assigned special tasks during the Corona pandemic, which has led to an interruption in the processing of compensation requests. Each region has its own authority (AJPIS), which is decided to be recognized by a committee made up of several people. Unfortunately, the standards are different in each region (Judi), and each committee has its own discretion and use, even if, of course, the legal framework is the same. For example, Sibiu and Kronstadt have always recognized the documents of the German Red Cross (DRK), but only recently Trgo Moreh, after this issue was repeatedly criticized in the German-Romanian government commission. That is why it can happen that in the exact same situation, one sibling receives a positive decision after a few months, but another sibling only receives a rejection after several months. The authority in the region of the applicant’s last place of residence is always responsible. But even in cases involving siblings from the same area, there can be differences, for example when the commission changes or when new clerks are appointed. There are many differences in processing and requirements, which are only developed over time and which must be taken into account when placing an order.

The processing time varies greatly and depends on many factors that cannot be influenced. The proceedings are especially long in Timisoara, Bucharest, Sibiu and also in Trgu Mureş. Queries do not usually lead to acceleration, but are a drawback because files often end up “at the end of the stack” after the query. Even after the first decision is issued by AJPIS, it may take different periods of time before a payment order is issued, usually a few months. The reason for this is that the Competent Authority (CJP) must now first apply for a “Cod Numeric Personal” (CNP) for payment in Bucharest. This happens automatically, but it takes time. Up to the time after the CJP issues a push notification until the funds are paid into your own account can vary in length. It is important to know that this service is usually transferred at the end of the month in a uniform payment cycle. If you miss it, for example because the current life certificate request is still in progress, it will take a month longer for the file to be reserved for the next payment cycle after receiving the life certificate. So we recommend a lot of patience. The catch is to make sure that the feature will be granted retroactively once the application is fully submitted, so patience is worth it.

Law 71/2022, published in the Official Gazette of Romania No. 315 of March 31, 2022, now regulates that stepchildren who were minors when the parent married the persecuted person and was subsequently brought up by the persecuted person, are also entitled to benefits (Article . 5 paragraph 1). At the same time, it was organized that the evidence is also sufficient if the date of the beginning or end of the persecution is incomplete: if the day is not specified, then the fifteenth day of the month is used, if the month is not specified, the first of July of the specified year.

Example: if the certificate states only “Deportation to the USSR in January 1945; issued in 1949”, previously rejected “for lack of data on persecution”. In the future, the authorities will have to recognize the period from January 15, 1945 to July 1, 1949 due to the legal delusion of the data of persecution.

This apparent simplification of proof should now generally also cause the authorities to frequently monitor the legislature’s intention to grant favors and not to repeatedly express disapproval on formal grounds. By law, the legislature responded at least partially to complaints that had been drafted several times under the German-Romanian government commission.

I would like to correct various rumors that have been circulated many times:
There are still no deadlines for applications for compensation under Decree 118/1990 for expatriates. There was only an (expired) application deadline for people who were/living in Romania at the time of application. However, it is advisable to apply as soon as possible, because the benefits are paid only after the application is submitted.

The approved payments are going smoothly and are not cut off yet. Rumors that compensation has been temporarily suspended “due to lack of budget funds” are incorrect. It is only important to always present the necessary life certificates on time when requested. It is not enough to indicate life certificates in other actions of the same person, because this should be available for each payment transaction.

It is also possible to apply if the applicant is not residing in Romania himself. It should be noted, however, that the application can only be submitted by an authorized representative residing in Romania, since the authority of the Authority (AJPIS) then depends on the residence of the authorized representative in Romania. An “accredited representative” can be anyone in this context. This jurisdiction rule also allows for a certain procedural design in individual cases: if someone has last obtained a place of residence in the county of Mauritius, for example, and only has a certificate from the DRK in Germany that is not currently recognized, they can assign the responsibility of the AJPIS to the AJPIS in causing These circuits, where DRK certification is also recognized.

Advice and assistance are provided by lawyers with special expertise in the field of Romanian compensation law.

Attorney Dr. Bernd Fabricius, Munich

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