DECISION No. 13 OF JULY 27, 1995 ON CC No. 11/95
Motion by a group of Members of Parliament challenging the constitutionality of Art. 18 of the Law on the Transformation and Privatization of State- and Municipality-Owned Enterprises (LTPSMOE) (DV, No. 51 of June 24, 1994) according to the amendment of this provision as adopted by the 36th National Assembly on June 9, 1994. They claim that by this amendment the National Assembly precluded the owners of property restituted under the Law on the Reinstatement of Ownership Over Nationalized Immovable Property (LROONIP) to receive, whenever such property constitutes part of the long-term assets of state- and municipality-owned enterprises, a corresponding part of the shares or stock of the company when privatized. That possibility existed before the amendment as an alternative to retain real title on the property. The Members of Parliament claim this is tantamount to compulsory purchase which is in contravention to Art. 17 para 3 of the C.
The Constitutional Court ruled down the challenge. The original wording of Art. 18 para 1 of the LTPSMOE and the amendment did not affect the LROONIP. In this sense Art. 18 para 1 of the LTPSMOE is not a special norm with respect to Art. 1 and Art. 2 of the LROONIP. It pertains to the acquisition of a corresponding part of the shares or stock of the companies formed out of state- or municipality-owned enterprises. The action cannot be defined as compulsory contribution. Acquisition of shares or stock is on the demand of concerned owners and not by force of law.
The Constitutional Court found it necessary to specifically note in the decision that the amendment to Art. 18 para 1 of the LTPSMOE does not deprive persons whose property is restituted under the LROONIP of the possibility to claim to take possession of their own immovable property. Persons whose property has been restituted under the LROONIP but have not claimed to take possession within the period in Clause 6 para 1 sentence 1 of the Transitional and Concluding Provisions of the LTPSMOE shall be entitled to receive a corresponding part of the company's shares or stock. On these grounds the Constitutional Court ruled down the whole challenge.
