Stare Inmatriculare

Romanian Orthodox Church to Free 'Stare' Real Estate from Litigation

Historical Context and Background

The Romanian Orthodox Church (ROC) has been embroiled in a protracted legal battle over the ownership of numerous real estate properties known as 'stare'. These properties, primarily consisting of churches, monasteries, and other religious buildings, were seized by the communist regime during the late 1940s and early 1950s. Following the fall of communism in 1989, the ROC initiated a process of reclaiming these properties, leading to a series of legal disputes with the Romanian state.

The term 'stare' refers to the legal status of a property that is owned by a religious organization and is used for religious purposes. Under Romanian law, such properties enjoy certain legal protections and exemptions, including exemption from taxation and the right to be returned to their original owners in the event of confiscation.

Current Developments and Implications

ROC's Legal Strategy and Negotiations

In recent years, the ROC has intensified its efforts to resolve the 'stare' issue through legal means. The church has filed numerous lawsuits against the Romanian state, seeking the return of specific properties or compensation for their loss. It has also engaged in negotiations with the government, attempting to reach a mutually acceptable settlement.

The ROC's legal strategy has been bolstered by several factors, including favorable rulings from the European Court of Human Rights (ECHR). In 2018, the ECHR ruled that the Romanian government had violated the ROC's property rights by failing to return seized properties. This ruling has strengthened the ROC's legal position and put pressure on the Romanian government to find a solution.

Government's Response and Proposed Legislation

The Romanian government has acknowledged the ROC's claims and has expressed a willingness to resolve the 'stare' issue amicably. However, negotiations have been hampered by differences over the scope and terms of a potential settlement. The government has proposed legislation that would facilitate the return of some 'stare' properties to the ROC, but the church has raised concerns about the proposed terms, which it views as insufficient.

The proposed legislation, known as the 'Law on the Return of Religious Property', is currently being debated in the Romanian Parliament. The bill outlines a process for the ROC to reclaim properties that were seized during the communist era. However, it also includes provisions that would limit the ROC's ownership rights and subject the properties to government oversight.

Ongoing Negotiations and Prospects for Resolution

The ROC and the Romanian government continue to negotiate over the terms of a potential settlement. The church has indicated that it is willing to compromise on certain issues, but it remains firm in its demand for the full restitution of its properties. The government, on the other hand, is seeking to balance the ROC's claims with the need to protect the public interest and ensure transparency in the management of religious property.

The outcome of the negotiations will have significant implications for both the ROC and the Romanian state. A successful resolution could pave the way for a new chapter in relations between the church and the government, while a failure to reach an agreement would prolong the legal battle and further strain relations.