Romania To Set EUR10,000 Cap On Moral Damages For Fmr Political Detainees

The threshold on moral compensations, which will be regulated through an emergency decree, is reduced to half for descendants in the first degree.

According to a draft government emergency decree, moral compensations will reach up to EUR10,000 for people politically convicted between March 6, 1945 and December 22, 1989 or people who were subject to political measures, EUR5,000 for the surviving spouse and descendents in the first degree and EUR2,500 for descendents in the second degree.

Under the draft, the amendments brought to Law 221/2009 on political sentences and connected administrative measures will only be applied in the case of trials and requests for which no irrevocable court ruling, which may compel higher compensations, was issued until the coming into force of the current emergency decree.

Early April this year, MEDIAFAX said the Government planned to draft a normative act, whereby moral compensations paid to former political detainees during the communist regime would be capped to EUR10,000.

The Government’s measure comes after former political detainee Ion Diaconescu said he would sue the state, under Law 221/2009, demanding EUR18 million in compensations for the harsh treatment, physical and mental suffering he endured during the communist regime.

Law 221/2009 on political sentences and connected administrative measures ruled in court between March 6, 1945 and December 22, 1989 was approved in 2009 and former political detainees can file for moral compensations during a three-year period.