This procedure is developed for establishing the manner of resolving files constituted based on Law no. 10/2001, regarding both the proposals for settlement at the level of the Directorate for Community Policies and Special Laws – Specialized Directorate within AAAS – and their forwarding to the Notification Analysis Committee and, as appropriate, to the Evaluation Committee, in accordance with the applicable legal provisions.

The case resolution activity comprises the following stages:

1. Stage of receiving and inventorying the file

- implies the registration in the operative records of the directorate of the administrative file constituted based on the notifications submitted under Law no. 10/2001.

2. Stage of preliminary analysis of the file, for the purpose of requesting additional documents

- considering that the database was created after 2010, the files will be analyzed in the order of their registration number. If it is found that the file is complete, it will be processed. If additional information is required for resolution, a request for such information will be drafted. The deadline for the petitioner to send additional documents is 120 calendar days, with the possibility of extension, at their request, by another 60 days, provided that the extension request date does not exceed those 120 days. New files, received from other institutions, are recorded in the order they are submitted to AAAS. Files that are discussed during hearings organized at the Directorate for Community Policies and Special Laws (DPCLS) will be analyzed, additional documents will be requested, and as the information provided by petitioners completes them, they will be processed.

3. Stage of final analysis – is carried out on two levels:

• If it is considered that all necessary documents for making a proposal are available, the legal adviser/expert responsible analyzes the documents in the file and drafts the Report containing the proposed solution. The final analysis may also be carried out if the file is incomplete, but the petitioner(s) submit a request to this effect, stating their impossibility to provide further documents;

4. Stage of evaluation
If the claim requests the application of art. 31 of the law, the Report prepared by the legal adviser/expert who processed the file, endorsed by the Notification Analysis Committee, is forwarded to the AAAS Evaluation Committee for the purpose of drafting the Evaluation Committee Report.

5. Stage of drafting and approving the decision.
Based on the decision of the Analysis Committee and, as the case may be, the Report of the Evaluation Committee, the legal adviser/expert who handled the file drafts the Decision with proposals for resolving the notification, which is sent for endorsement to the management of the Directorate for Community Policies and Special Laws (DPCLS) and for approval to the President of AAAS.

6. Stage of communication
The Decision is communicated to the notification holders or their representatives, and if they declare they do not contest the Decision, the original file is forwarded to the National Committee for the Compensation of Buildings, within the National Authority for Property Restitution or to other competent entities, as applicable.

Delimitation of the resolution activity of files constituted under Law no. 10/2001

Within the AAAS, the delimitation of the file resolution activity under Law no. 10/2001 is carried out by:

• the way in which the records of files are organized in its own database;

Main activities on which the resolution activity of files constituted under Law no. 10/2001 depends and/or which depend on it

The list of main activities on which the resolution activity of files constituted under Law no. 10/2001 depends is as follows:

• submitting to the file, by petitioners or by commercial companies/state institutions, the documents necessary to resolve the notification, in accordance with legal provisions;

• transmission by petitioners or by the Legal Department of court decisions by which the AAAS is obliged to issue a decision based on Law no. 10/2001;

category A - files for which there is a final and irrevocable court decision by which AAAS is obliged to issue a reasoned decision with a proposal for awarding compensatory measures;

category B - files for which there is a final and irrevocable court decision by which AAAS is obliged to issue a reasoned decision in response to the submitted notification;

category C - files for which petitioners have attended a hearing, on which occasion it was found that all the documents required by law for issuing a reasoned decision exist in the file;

category D - files for which petitioners have attended a hearing, on which occasion it was found that the file does not contain all legally required documents for issuing a reasoned decision. Together with the petitioner it will be established which set of documents must be submitted, and the file will be processed after being completed with the necessary information;

category E - files for which petitioners have sent a written request regarding the status of the file analysis. Within the legal term of 30 days after receiving the request, the petitioner will be communicated the documents necessary for completing the file or, if all documents are submitted, the reasoned decision of AAAS will be communicated within 120 days.

category F - the rest of the files will be checked in the order of the numbers with which they were entered into the database.

If the Analysis Committee finds that the notification falls under the provisions of Law no. 10/2001 and is accompanied by all documents required by law, all efforts will be made to issue the decision regarding the proposal for settling the file. Where applicable, the file will be forwarded to the Evaluation Committee, by the Directorate for Community Policies and Special Laws (DPCLS). After the analyses and evaluations are performed, the Decision will be issued, endorsed by the Directorate for Community Policies and Special Laws (DPCLS) and sent for signature to the President of AAAS.

In the case of notifications that fall under the provisions of art. 29 of Law no. 10/2001, as amended and supplemented, decisions with proposals for compensatory measures will be forwarded together with the notification and the related acts to the National Committee for the Compensation of Buildings, for the purpose of analyzing and calculating the final amount of the compensatory measures.

In the case of notifications that fall under the provisions of art. 31 of Law no. 10/2001, as amended and supplemented, the reasoned decision which will include the amount of the compensatory measures, will be forwarded together with the notification and the related acts to the National Committee for the Compensation of Buildings.